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2290 IFB 18/19-32 Sanford Riverwalk Phase I - Irma Remediation`e NANCE DEPARTMENT 19RUFfiff, " Mull, T!"Fleff W&AW-1117 TO: City Clerk/Mayor RE: IFI3 18/19-32 Sanford Riverwalk Phase I -Irma Remediation The item(s) noted below is/are attached and forwarded to your office for the following action(s): F-1 Development Order Mayor's signature R Final Plat (original mylars) F-1 Recording F-1 Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager F-1 Performance Bond ❑ Payment Bond F-1 Resolution ❑ City Manager Signature El R City Clerk Attest/Signature R City Attorney/Signature Once completed, please: [ I Return originals to Purchasing- Department F-1 Return copies F-1 Special Instructions I i,,� 6oaoUzi4e,,.- 12/s/2-020 From Date SliarePoitit—Fitiaiice—Purcliasitig_]--oriiis - 2018.doc SECTION 00520 AGREEMENT FORM r� 1.01 THIS AG��EE E�CV' R by and between the City of Sanford, Florida. 300 North Park AvenuP 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 Kirton Enterprises, Inc. , whose principal and local address is 1630 Tornoka Farms Rd Port Orange, FL 32128, hereinafter referred to as to as the "CONTRACTOR'. The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 112 The Owner and Contractor Agree osFollows: A. The Contract Documents include the Agreement, Addenda (which pertain tothe Contract Doounnento>, Contractor's Bid. Notion to Proceed, the Bonds. the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project K4onuo[ any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all VVd8en Amendments. Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on orafter 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 any 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 amiffully set forth therein verbatim. The Contract Documents include: 1. Executed, Section OO52O-Agreement Form, 2. The Project Manual, Nnha the Index (starting on page number 00010-1 of the Project Manual) includes all inmbucUonm, tenno, general and supplemental conditions, bid documents, p|ans, prints and specifications pertaining tothe Project. 3. Addenda Applicable tothe Bid 4. Contractor's Bid, OO41O. 5. Performance Bond, ODSD5. 6. Payment Bond, UOG10 7. Material and Workmanship Bond, OQG15. O. Trench Safety (Executed Fonn).O043O 9. Non Collusion /#ffidmvit.OU432 10. Conflict of Interest Affidavit, 00434 11. Public Entities Crime Affidavit, 0043G 12. Compliance With the Public Records Law Affidavit, 00438 13. Bidder Information and Affidavit, OO44O Sanford Rkm,WalkPhase |' Irma Remediation May 10, 2019 0052 0-1 AGREEMENT 14. Receipt of ExemptPublic Records and Agreement to Safeguard (K Required for Project byCity).8044 15. Certification OfNon-Segregated Facilities (Executed Furm).0045O 16. Disputes Disclosure (Executed Fonn).00452 17. Drug Free Workplace (Executed Fonn).O0454 18. Unauthorized UUmga|>Alien Workers /ffidevd.U045G 19. E-VerifyCompliance Affidavit, OO458 20. Americans With Disabilities Act Affidavit, 0O4GO 21. Financial Information (Executed Form) (if Required byCity)'0O4G2 22. |nnunanooCerthRcmte(s) 23. Notice ofAward, UO51O 24. Notice toProceed, 0O53U. 25, Consent o{Surety buFinal Payment (Executed Fonn).0OG17. 26. Contractor's Application for Payment (Executed Fu/mo\.08625. 27. Certificate ofSubstantial Completion, 0OG2G. 28. CertifimabaofFinal Comp|aUun.00827. 29. Contractor's Partial Release ofLien (Executed Fomns).O0G48. 30. Subcontractors Final Release ofLien (Executed Form).0O641. 31. Subcontractors Partial Release ufLien (Executed Fnmns).O0G44. 32. Contractor's Release ofLien (Executed Fonn).0OG4S. 33� Project Field Order (Executed Form), 00940. 34. Work Directive Change (Executed Fonn).DO945. 35. Change Order (Execube<).OQ05O. 36, Additional document(s) that are not specifically |inhad 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 anapart ofthe Contract. These documents form the Contract and all are as fully opart of the Contract as if attached to this Agreement orrepeated herein. As the documents indicated above are executed. the date of final execution and initials of the individual who received the executed 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 Sanford RiverWalk Phase I - Irma Remediation (IFB No. 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 inParagraphs 1.02.C.5ofthe Bid Form, which in75 calendar days. The Work shall be finally complete, ready for Final Payment in accordance with Sanford exe,malkPhase |' Irma Remediation May 10, 2019 U0520-2 AGREEMENT the General Conditions, within 8{icalendar days from the aokusl date of substantial completion. [\ Liquidated Damages OWNER and CONTRACTOR recognize that time is of the osmmoa of this Agreement and that OWNER will suffer financial loss K 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 |ooe suffered by OWNER if the Work in not substantially complete mn time. Accmnding|y, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as e ponm|b/) CONTRACTOR shall pay OWNER $1000 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the Work is substantially complete. It is agreed that ifthis Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not aapenalty, one-fourth (1/4)ofthe rate set forth above. E Contract Price Unit Price Contract The Owner will pay the Contractor incurrent funds for the performance ofthe Work, subject to additions and deductions by Change Order and subject hothe Measurement and Payment Provisions, and subject to oduo\ constructed quantities; the Total Contract Price of Two Hundred and Four Thousand, Three Hundred Forty Four Dollars and SixtV Cents. Dollars --Payments will be noeda to the Contractor on the basis mfthe Schedule ofUnit Prices included msapart ofhis Bid, which shall beaafully apart ofthe Contract amif attached orrepeated herein. F� City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY inthe implementation of the C[TY'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 pad of the services provided under this Agreement. The CONTRACTOR hereby nyuoQnicas the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided inthe General Conditions and ,Supplementary Conditions. H. Retainage Sanford mverma|xPhase |'|nnmnemedieeiom AGREEMENT May 10.2D19 00520-3 In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value ofeach application for payment shall beequal to the bda( value of the VVmdk pmrh)nove1 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 1096. to beheld byOwner aacollateral security toensure completion ofWork. 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 ooat, retainage shall be reduced inaccordance with State law. Engineer The Project has been designed by CPH, Inc., referred to in the documents as the Engineer. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that Kis competent and otherwise able to provide professional and high quality goods and/or services tothe CITY bymeans nfemployees who are neat inappearance and ofpolite 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 name goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the C|T\"s updon, may request proposals from the CONTRACTOR and the other goods and/or sen/ice providers for CITY projects. The CITY reserves the right to select which goods and/or aon/ic*o provider shall provide goods and/or services for the C|TY'aprojects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. E Each party hereto represents to the other that it has undertaken all necessary actions hoexecute this Agreement, and that ithas the legal authority bnenter into this AQn*enxard and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR mydifv that he/she/they is/are authorized to bind the CONTRACTOR fully tothe terms ufthis Agreement. G� The CONTRACTOR hereby guarantees the CITY that all muterials, supplies, services and equipment amlisted nnaPurchase Order meet the requinsmwnto, specifications and standards as provided for under the Sanford Rxmmmx\hPhase |' Irma Rennediotiom AGREEMENT May 1V.201g 0O5Z0~4 Federal Safety and Health Act ofYQ70, from time to time amended and /nforce unthe 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 (inc|udinA, but not Unnibyd to, its officers, emp/Vyeon, and agents) the agent, representative, oremployee ofthe CITY for any purpose, orinany manner. whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. Persons employed by the CONTRACTOR in the provision and performance ofthe goods and/or services and functions pursuant tuthis Agreement shall have no dehn to pmnsion, workers' oompenoation, unemployment uompmnsobon, ok/i) service or other employee rights or privileges granted to the C(TY's officers and employees either by operation oflaw orbythe CITY. 9. Nuclaim for goods and/or services furnished bythe CONTRACTOR not specifically provided for herein shall bahonored bythe CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR iufamiliar with the goods and/or services to be provided mod/or performed and with local conditions,The CONTRACTOR shall make nnclaim for oddihtime nneormoneybaaed upon its failure to comply with this AonaemenL The CONTRACTOR has informed the CITY, and hereby represents to the C|TY, that it has extensive experience in performing and providing the services and/or goods described inthis Agreement and that itimwell acquainted with the components that are properly and customarily included within such projects and the requirements of )aws, onjinonoe, ru|aa, regulations or undmns ofany public authority or licensing entity having jurisdiction over the C|TY'n Projects. 11. Quality, Professional Standards, and Security Requirements o. Under this paragraph 11.the term ^CONTRACTOR'Semployees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional qun|kK accepted standande, technical acuunany, neatness of appearance of employees, employee conduct, safety, and the coordination ofall services furnished bythe CONTRACTOR under any Agreement resulting from this solicitation. The City right borequire all CONTRACTOR employees, when on City Sanford RiverWalhPhav |-hna Remediation May 10, 2019 00520-5 AGREEMENT property orWork sites, towear identification badges at all times which, ateminimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right torequire the CONTRACTOR to provide to the CITY a list ofemployees working on the project. Also, the list ahe|| include employee working days, times and assignments within forty-eight (48) hours of the C|TY's written request for such information. This information will be naviewmd, screened and verified by the QTY, prior to the employees of the CONTRACTOR entering the C!TY'npremises and/or work sites. The CONTRACTOR shall comply with Section 00525 concerning criminal background check requirements ofthe employees ofthe Contractor and Subcontractors. In the event employees of the Contractor and Subcontractor do not qualify to Work on the Project due to /A Failure to have the required criminal background check reports submitted to the City by the FOLE; or B) Unsatisfactory background check reports on employees; then those employees will be disqualified by the City, and those disqualified employees will not beallowed toWork on the Project. Disqualification cfemployees toWork nnthe Project is m non -excusable delay to the Contract for which the City will not grant oContract Time extension. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and |ioanmea (dhwar*s' commercial drivers license or COL' or other operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the C|TY's premises in positions found by the City to be ohUca| to the security end/or public safety of the CITY by reason of access to any publicly owned oroperated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release oftheir address, sodal security number and/or Uoonaea they shall not be allowed to work orcontinue towork insuch critical positions. e. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and/or services. With respect to senjnos. the CONTRACTOR shall be responsible for the professional qua|itv, technical anounacy, oon/pedenno, methodokxzy, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, anm|yais, roporta, data, p|ana, plats, mapx, uurveys, specifications, and any and all other services ofwhatever type or nature furnished by the CONTRACTOR under this Agreement. Sanford Riveh0alkPhase |- Irma RemedlaUvn May 10, 2019 00520-G AGREEMENT The CONTRACTOR nhaU, without additional oompensadon, correct or revise any errors or deficiencies in his/her/its plans, analysis, data, rapods, designs, drawings, specifications, and any and all other services of whatever type or nature. The C(]NTEACTOR's submissions in response tothe subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the C[TY's review, approval or acceptance of, nor payment for, any ofthe goods and/or services required oho|| be construed to operate asawaiver cdany rights under this Agreement cvofany cause ofaction arising out ofthe performance ofthis Agreement and the CONTRACTOR shall be and remain liable hothe 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 ofthe CITY, provided for under this Agreement, are inaddition toany other rights and remedies provided bylaw. 14, Time isufthe essence in the performance of all goods and/or services provided bythe CONTRACTOR under the terms ofthis Agreement. 15. |nvoioes, which are in an acceptable hznn to the CITY and without disputable bemu, which any received by the C|TY, will be processed for payment within thirty (3O)days ofreceipt bythe CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt bvthe CITY with anexplanation ofthe deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained inthe CONTRA{T[)R'sinvoices. 18. Each invoice shall reference this A0naemnen1. the appropriate billing period. 19. The F7o/ida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and/or services referenced inaninvoice. 28. Invoices are to be forwarded directly the City's designated CEI representative, aaidenhfedat the preoonstruchunmeeting, for review and processing. 21. CITY designates the City Manager orhis/her designated representative. to represent the CITY in all matters pertaining to and arising from the Work and the performance ofthis Agreement. Sanford RivehWa|kPhase |' Irma Remediation AGREEMENT May 10,1O19 DW52M-T 22. The City Manager, or his/her designated representative, shall have the following responsibilities: a. Examination of all Work and rendering, in vvhbng, decisions indknaUno thmC[TY's approval or disapproval within a reasonable time aoasnot homaterially delay the Work ofthe CONTRACTOR; b. Transmission of inatrudions, receipt of infomnedion, and interpretation and definition ofCITY's policies and decisions with respect to dmsign, materials, and other matters pertinent to the Work covered bythis Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of e defect or change necessary inthe Project; and d. Coordinating and managing the CONTRACTQR'spreparation of any necessary applications togovernmental bodies, toarrange for submission ofsuch applications. 23� Until further notice from the City Manager the designated representative for this Agreement is: Lisa Jones Leisure Services Director City ofSanford P.D.Box 1788Sanford, 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 isnot being made by the CONTRACTOR due to the CONTRACTOR 's fe/|um to perform; or b. If, in the C[TY's opinion, the quality of the goods and/or services provided by the CONTRACTOR is/are not in conformance with commonly accepted professional standamjs, standards of the C!TY, and the requirements of Federal and/or State regulatory agenoiea, and the CONTRACTOR has not oonantod such deficiencies in atirnek/ manner esreasonably determined bythe C/TY'. or C. The C(]NTRACTDR, 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 bythe CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy pnuooedings, or makes an assignment for the benefit ofcreditors; or Sanford Riveh8alkPhase /-Irma Remediation May 10, 2019 00520-8 AGREEMENT a The CONTRACTOR violates the Standards cf Conduct provisions herein or any provision of Fedenal. State or local hsvv or any provision of the CITY's Code of Conduct. 25 In the event ofany ofthe causes of termination, the C|TY'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 bemade within e reasonable time is not given to the CITY within seven calendar days o{the date ofthe letter, the CITY may consider the CONTRACTOR to be in defau|t, and may then immediately terminate this Agreement. 26. In the event that this Agreement in terminated for cause and itis /ehur determined that the cause does not exiat, then this Agreement urthe Purchase/Work Order shall bmdeemed terminated for convenience bythe CITY and the CITY shall have the right to mo terminate this Agreement without any recourse bythe CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails hopay the CONTRACTOR inaccordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to bynninaba this Agreement in its entirely without cause, if such banninaUnn is deemed by the CITY to be in the public inherest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ban (10) days to correct same or to /equeot, in whting, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default inthe notice byeither the C|T\"mdesignated vmpneaentadvewdhin ten (18)days ofreceipt ofsuch notice ofsuch decisions, shall result inthe termination of the Agreannent, and the CITY shall be ne|iawad of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right 1oterminate this Agreement without cause with osixty (6O)day written notice bothe other party. The CITY reserves the righthmherninuteanyAoreamanthxcauaowithohvw(5)daywh#en notice to the CONTRACTOR. Notice shall be nerved to the parties as specified inthe Agreement. 30. |nthe event that this Agreement ksterminated, the CITY shall identify any specific Work to be continued to completion pursuant to the provisions of this Agreement. 31. |nthe event that after the CITY termination for cause for failure ofthe CONTRACTOR to hmlfiU its obligations under this Agreement it is found SanfvrdRiverWahPhane|-|rmanpmeuiuUon AGREEMENT May 1O.2&i9 0#52Q+$ that the CONTRACTOR has not mn faUed, the termination shall be deemed hmhave been for convenience and without cause. 32. In the event this Agreement is terminated mcanceled prior to final completion without cause, payment for the unpaid portion ofthe services provided by the CONTRACTOR to the date of termination and any additional services shall bepaid bothe CONTRACTOR. 33. Upon receipt of notice oftermination, given by either party, the terminated party shall promptly discontinue the provision ufall goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the R's goods and/or services under this Agreement may be suspended by the CITY odany 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the CITY shall so nwdi[v the CONTRACTOR in vvhtinQ' such suspension becoming effective within seven (7) days from the date of mailing, and the CITY nhu|| pay tuthe CONTRACTOR within thirty (30) days all compensation which has become due toand payable tothe CONTRACTOR tothe effective date uf such suspension. The CITY shall thereafter have nofurther obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the C|TY'a designated representative notifies the CONTRACTOR in writing that the provision mfthe goods and/or nen/ioeo of the CONTRACTOR called for hereunder are to be resumed bythe CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACT{}R's provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue toprovide the services tothe CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of nama, wm|mr, naUgiom, sex, agm, national origin ordisability and will take mfhnnobve steps to ensure that applicants one employed and employees are treated during employment without regard to rama, oo|ur, religion, sex, age, national origin or disability. This provision shall include, but not be |hnhed to, the following: ennploymant, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTQR, nmoneover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations ofthe Federal government issued thereunder, and any and all requirements ofFederal orState law related thereto. 38. Indemnity and Insurance Sanford Rhved8alkPhase i-hnna Remediation May 10, 2019 00520-10 4ons8wsNT a. Tothe fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the C|TY. its aAents, servonta, officera, officials and ernp|oyees, or any of them, from and against any and all o|oimy. damages, |oaoen, 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 8a:timony, arising out of or resulting from the performance or provision ofservices required under this Agreement, provided that nemw is caused in whole or in pad by the enor, omission, negligent oct, failure to act, beaooh of contract obUgabom, maKeasanme, officoro, nfficiala, ernp|oyees, or aubCONTRACTORo' Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related 0uthe performance of Work. In no event, shall either party be responsible orliable tothe other for any incidental, consequential, orindirect damages, whether arising bycontract ortort. b In a000njanm* with Section 725.06. Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this oWigation, the receipt and sufficiency of which is hereby specifically acknowledged. C. Nothing herein shall bedeemed hmaffect the rights, privileges, and immunities of the CITY as set forth in Section 768.28. Florida |nclaims against any person orentity, indemnifiumtionunder this Section by an employee of the CONTRACTOR or its agents or oubCONTF6ACTORm, anyone directly or indirectly employed by them or anyone for whose enha they may be |iab|e, the indemnification obligation under this Section shall not bolimited by a limitation on amount or type of dornages, oompenaaUon, or benefits payable by or for the CONTRACTOR or its agents or mubC0NTR\CTORm. under Workers Compensation acts, disability benefits acts, orother employee benefit acts. n. The execution ofthis Agreement bythe CONTRACTOR shall obligate the CONTRACTOR tvcomply with the indemnificaton provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating toinsurance coverage. The CONTRACTOR shall submit e 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. Sanford ewemalkPhase |' Irma Remediation xmREsmEmr May 10,2O19 00520-11 39� The CONTRACTOR shall obtain orpossess and continuously maintain the insurance coverage maset forth and required inthe bid documents. 40All insurance other than Workers Compensation and Professional Liability that must be maintained bythe CONTRACTOR shall apooifimd|y include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates ofInsurance tothe CITY evidencing that all such insurance is ineffect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part ufthis Agreement, Neither approval bvthe CITY nor failure todisapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTC)R's full responsibility for performance of any obligation including the CC>NTR\CTOR'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 Sbybdeo, 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 oincumotence, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with o 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 bobeindefault ofthis Agreement. 42 The insurance coverage shall contain a provision that requires that prior hoany changes inthe coverage, except increases inaggregate coverage, thirty /3OAdays prior notice will begiven hothe CITY bysubmission ofo new Certificate mfInsurance. 43. The CONTRACTOR mhzd| furnish Certificates of Insurance directly to the C[lY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance ufthe type, amount and classification required bythis Agreement. 44. Nothing in this Agreement cnany action relating to this Agreement shall be construed as the C[TY's waiver of sovereign knrnunhy beyond the limits set forth inSection 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. Sanford RiverWadkPhase |' Irma Remediation May 10, 2019 00520-12 AGREEMENT 46. The CONTRACTOR is on independent contractor and not an agent, representative, oremployee ofthe CITY. The CITY shall have nuliability except as specifically provided in this Agreement. 47 All insurance shall be primary to, and not contribute with, any insurance Vrself-insurance maintained bythe CITY. 48. The CONTRACTOR warrants that it has not employed or retained any onnnpony or person, other than a bona fide employee working solely for the CONTF&ACTOFl, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any penson, oonnpeny, corponadon, individual or firm other than a bona fide employee working solely for the C(]N[RACTOR, any fee, oommimsion, pnroentage, 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, oolor, nahQion, 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 ufinterest exists with respect bothe Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, ouotonneno or vandeao, other contractual relationships of the CONTRACTOR, orany interest inproperty that the CONTRACTOR may have, The CONTRACTOR further certifies that any conflict of interest that arises during the b*nn of this Agreement nhoU be immediately disclosed in writing to the CITY. Violation of this Section shall be considered amjustification for immediate termination ofthis Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in utimely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct pursuant to any assignment or Work performed under this Agreement the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately nornova such employee or representative of the CONTRACTOR from such assignment. B. The CONTRACTOR shall not publish any documents or release information regarding this Agreement b»the media without prior approval ofthe CITY. Sanford RivwrWa|kPhase |' Irma Remediation AGREEMENT May 10.2[Mg 0052&-13 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains adrug free workplace policy inaccordance with Section 287.0878, Florida Statutes. Failure to submit this certification may result intermination. 55. /fthe CONTRACTOR oranaffiliate ioplaced onthe convicted vendor list following m conviction fore public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide amartification of compliance regarding the public crime requirements set forth in State law upon request bythe CITY. 56. The CITY reserves the right bzunilaterally terminate this Agreement if the CONTRACTOR refuses bnallow public access to all documents, papers, /ettens, or other materials subject to provisions of Chapter /16\ Florida Sbstubea, and other applicable |aw, and made or received by the CONTRACTOR inconjunction, inany way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements ofthe Americans with Disabilities Act (AOA).and any and all related Federal orState laws which prohibits discrimination bypublic and private entities onthe basis of disability. 58. The CITY will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien wnrkarn, constituting m violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (8\y\). The CITY shall consider the employment by the CONTRACTOR ufunauthorized m|/ena, a violation of Section 274AJo)of the INA. Such violation by the CONTRACTOR of the employment ' ant provisions contained in Section 274A(o) of the 0N4 shall be grounds for immediate termination ofthis Agreement bvthe CITY. 59. The CONTRACTOR agrees to comply with Federal, Staba, and local envhnnmenba|, health and safety laws and regulations applicable hothe goods and/or services provided tnthe CITY. The CONTRACTOR agrees that any program or initiative involving the Work that could adversely affect any personnel inxoived, oidzono, n*sidents, useno, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. GO. The CONTRACTOR shall ensure that all goods and/or services are provided to the CITY after the CONTRACTOR has obtained, at its ao|o and exclusive expenma, any and all permits, |icenmao, ponniusinne. approvals orsimilar consents. 61. If applicable, in accordance with Section 216.347. Florida Stabx6so. the CONTRACTOR shall not use funds provided by this Agreement for the purpose oflobbying the Legio|ature, the judicial branch o. State agency. SanfordRivermalkPhaso|-hmaRemediabon May 10, 2019 00520-14 AGREEMENT 62, The CONTRACTOR shall advise the CRY 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 enbty, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would onaete o oonMk± of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Port |||. Chapter 112, F7otida 3bob/bas. relating toethics ingovernment. 64 The CONTRACTOR shall maintain buoko, 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 aminimum period of five (5)years after the completion of the provision or performance goods and/or services under this Agreement and dote of final payment for said goods and/or services, urdate uftermination ofthis Agreement. GQ. The CITY may perform, or cause to have pedbrmed, an audit of the records of the CONTRACTOR before or after final payment to support hno} payment under any Pun:hume8Nork Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the c/nmo of the final fiaool 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 inthis SeoUon, 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 bythis Section. 87 In addition to the above, J Federa, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General ofthe United States or the Chief Financial Officer of the State of Florida, or the County of Semino|e, or any rapreoentoUvoo, shall have access to any booko, donuments, papem, and records of the CONTRACTOR which are directly pertinent to goods and/or oen/ican provided or performed under this Agreement for purposes of mak/ng audit, examination, excerpts, and transcriptions. 68 In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the Sanford mwerWalhPhase |' Irma Remediation xGResmsmr May 1V.oU19 Q8528-15 CONTRACTOR shall refund such overpayment to the CITY within thirty (3O)days ofnotice by the CITY ufthe request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. M The CONTRACTOR agrees that Uany litigation, claim, oraudit is started before the expiration ofthe record retention period established above, the rezmnjn shall he retained until all |itigabon, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign ortransfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement toobank, trust company, orother financial institution without written CITY approval. When approved by the C|TY, written notice of such assignment ortransfer shall befurnished promptly tothe CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted hothe CITY for written approval 'or to the CONTRACTOR entering into a subcontract. Subcontractor information shall inc|udm, but not belimited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall omznjinabe the provision of goods and/or eenimao and Work product of any CITY approved auboontnactors, and remain fully responsible for such goods and/or services and Work under the terms ofthis Agreement. 74. Any subcontract shall bainwriting and shall incorporate this Agreement and require the subcontractor to assume performance of the ODNTRACTOR`s duties commensurately with the CDNTRACTDR'e duties tothe CITY under this Agreement, itbeing 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 ofall subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement hmtobegoverned bythe laws ofthe State o[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 boom fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Sanford Riva,NalkPhase |- Irma Remediation May 10, 2019 0O52Q-16 AGREEMENT Accordingly ��Agmeme��aUm�ba�n�u�orin��m�dmo� strictly' stanyonepudythanagainotonyotherparty. 79. Neither party shall be considered in default in performance of its obligations hereunder tothe extent that performance cfsuch obligations, orany ofthem, kydelayed orprevented byForce Majeure. Force Majeure shall include, but not be limited to, homb|ity, tanohsm, nyvu|ut|on, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, orordinance orother act ofgovernment, or any act ofGod orany cause whether wf<he,nama or different netuna, existing or future; provided that the cause whether or not enumerated in this Section is beyond the ocx'tno| and without the fault ornegligence of the party seeking relief under this Section. 80. This Agreement, together with the exhU>b(s) ifany, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Aonaerne,V, and all the terms and provisions contained herain, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the dote hereof, and supersedes and controls over any and all prior agroernenta, understandings, repmasentmtionm, correspondence and statements whether written ororal. 81. This Agreement may only be amended, supplemented ormodified by formal written amendment. 82 Any alterations, amendments, dekabonm, or wekmm of the provisions of this Agreement shall be valid only when expressed in writing and duly signed bythe parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are aoondition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not toclaim any waiver by CITY of such notice requirements based upon CITY having aohma| knowledge, impUed, verbal orconstructive notice, lack ofprejudice orany other grounds maasubstitute for the failure ofthe CONTRACTOR to comply with the express written notice nmquinaman{o herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms ufthe Agreement. 84. The failure ofthe 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 nunsUfu(o or be construed as a waiver Vfany such provision or right and the some shall continue inforce. Sanfp/dRivadxalk Phaue|-hmoRemediation May 10, 2019 00520-17 AGREEMENT 85. |nnoevent shall any obligation ofthe CITY under this Agreement beor constitute e general obligation or indebtedness of the C[TY, a pledge of the ad m*kxem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable |aws, but shall be payable solely from legally available revenues and funds. 88. The CONTRACTOR shall not have the rightt000mpeltheexerciseofU1e advalorem taxing power ofthe CITY. 87 Each exhibit referred toand attached tothis Agreement io an essential part ofthis Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part ofthis Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, |irn}t, describe the scope orintent ofthis Agreement orany part thereof, orinany way affect this Agreement orconstrue any provision ofthis Agreement. 89. |fany term, provision or condition contained in this Agreement ehaU, to any extent be heldinvalid or unenforceab|e, the remainder of this Agreement,or the application of such tenn, provision or condition to persons or circumstances other than those in respect of which it is invalid or unonfonembha, shall not be affected then*by, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted bylaw when consistent with equity and the public interest. 90. All provisions nfthis Agreement shall beread and applied inpara materia with all other provisions hereof. 91. In the event of o dispute related to any performance or payment obligation arising under this Agreement, the parties agree boexhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior Lofiling suit orotherwise pursuing legal remedies. 92. The CONTRACTOR aQnsee that it will file no suit orotherwise pursue legal remedies based onfacts urevidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures orwhich 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 tobeemployed involuntary mediation shall Sanford RiverWa&Phase |'mn Remediation May 10, 2019 AGREEMENT be mutually acceptable hothe parties. Costs ufvoluntary mediation shall beshared equally among the parties participating inthe mediation. 94. This Agreement may be executed inany number of counterparts, each of which shall bedeemed anoriginal, but all ofwhich, taken together, shall constitute one and the same document. K. Mandatory Compliance with Chapter 119. Florida Statutes, and Public Records Requests. In order to comply with Section 119.0701, Florida Statutes, public records laws, the CONTRACTOR must: Keep and maintain public records that ordinarily and necessarily would be required bythe CITY in order toperform the service. 2. provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at cost that does not exceed the cost provided inChapter 11S,Florida Statutes, uras otherwise provided by law. 3. Ensure that public nanonjo that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4� Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records /n 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 stoned electronically must be provided to the CITY in a format that is compatible with the information technology systems ofthe CITY. 5. If the CONTRACTOR does not comply with opublic records request, the CITY shall enforce the contract provisions in accordance with this 6. Failure bythe CONTRACTOR to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY. the CONTRACTOR shall promptly provide the CITY with acopy ofany request toinspect orcopy public records in possession of the CONTRACTOR and shall promptly provide the CITY with a copy of the C(}NTRACTOR's response to each such request. 7� The CONTRACTOR shall note the following: Sanford Riv*rWadhPhase |'(nmuRemediabnn May 10, 2019 00520- 19 AGREEMENT 12 W01 V MMY-ftfi M: 1#1 Sanford Riverwalk Phase I - Irma Remediation May 10, 2019 AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: Kirton Enterprises, Inc Name of Firm 8/1 /19 By (Signature) Date Kent S Kirton - President Printed Name and Title 0 ' 8 11/19 tySiSignature) Date 1� ?r RachMe Kirton - V/�' Printed Name and Title XIM"71; Name of Owner By (Signature) / J`i ) I J/ Date Printed Naml and ATTEST: NO( pu-,► - By (Signature) to Traci Houchin, City Clerk Printed Name and Title Approveas to form aZnd�lealicif i i u ency. 'William L. Colbert Date City Attorney END OF SECTION Sanford RiverWalk Phase I - Inna Rernediation May 10, 2019 00520-21 T cF- 7- 1997 AF Emma t::� tS7. Ts"i AGREEMENT SECTION 00410 2392��� PART GENERAL 1.01 Description The following Bid, for the Sanford Riverwalk Phase I - Irma Remediation (IFB 18/19-32), is hereby made to City of Sanford hereafter called the Owner. This Bid is submitted by (1) KIRTON ENTERPRISES, INC 1630 TOMOKA FARMS RD. PORT ORANGE, FL 32126 386-341-6232 (1) Name, address, and telephone number of Bidder 1.02 The Undersigned: A. Acknowledges receipt of: 1. Project Manual and Drawings identified within the Project Manual 2. Addenda: Number 1 Dated 6/5/2019 Number Dated Number Dated Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 90 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 NAME OF BIDDER. KIRTON ENTERPRISES, INC 00410-1 PROPOSAL (BID FORM) 4. To accomplish the Work in accordance with the Contract Documents. 5. To begin Work after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the Work within 75 calendar days of the date of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 1.03 Bid Schedule The Bidder hereby agrees to perform all Work as required by the Contract Documents for the following Unit Prices, All Work required to be performed by the Contract Documents is to be included within the following Pay Items, inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the Project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed, (This area left blank intentionally) Sanford RiverWalk Phase I - Irma Remediation PROPOSAL (BID FORM) May 10, 2019 NAME OF BIDDER: KIRTON ENTERPRISES, INC 00410-2 Z 3C/ > 2) M 3 - 2. M -& a O.p a n w;o Z, Ocoro M M 0 7 Z M Z M m M 0 F55 = m cn V X 0 "a 0 40 0 M 3 N > 0 co I ca 1-4 0) cn W W -4 M cn IN, w t*Q ;u z IT z 10 > 0 -5i to Zp -4 0 -4 CF) N) t1i z "n 00 > all Ln 6 p 0 m 6 rQ r,.) -1� .1, '0 -M" & rQ C) w > z z co —1 0 r- E E 0 -0 0 X-k-000wo�mXXOMOMOOKK -oc:or--a 0 0 0 5 m co 5 c -r o f- < r- o z m r- zxzm--i-uMbKMOOO>Kzm Kmmrr-mxxm>o m 0) G) > - Go r- --q m r . r- pjom5m>co>>KW*O--J, 0 ;o --I 5 > m m>—Xgoc o ---i z mG)ooqw2 -0 I z ;o m MMZMZ5- M"10>07 > > M < >Z m ZZOEZ� 0 M — z > r- m b (-) - i�4- m— - -n m G) G) --4 m --J M < r- co v Z MMOQO--4COQ-(/) r- G) G) -4 '!z5 > 0 Cl) -< oz 000 0 Z opoz* M- M> U) om>mzx-n c>wr----iom,mx G) C>U)-D--io m m5m z z U) ---1 9 '00 m 0 -0 z r- r- m x m C() m Fj > < x c2m-ozo 0 m -ra- 6 0 x v > - cn > --i co --f m m 0 --q i:n- x M m 0 --q -n m q i 0 - -n Z -j o3 cf) r- A -0 o u c- t�j Z 0 Z 0 m 90 m M 90 _m ;U r- I --q m Om 90 M Z 0— Z 0 G) 03 > c) > > n Z C) C> r M z 0 M 0 Z 0 c -n C) m r- o 90 X 0 T - X G) ;o ;0 < r- --q > -Pt m m M z ch -0 M- 0 >* > < m -n --1 00 x C: M > r-::� > 0 Im r- -q 0 m A z x 0 r- cn Cn m > r- 71 M > r- -n Ct) -n C/) r- -n ---I z U) (1) 0 0 C/) r- c/) r- -n r- -n r- u) r- U) r- Cf) r- cn Z :q cn co CD C) cyl CA) C) N a W 0 cn Cn 0) cn -Ij -j (M N) CA) 00 co 00 > z C) 00 (31 N) C) C> y --i --i 0) 0) w w al w 5" :,j 07 'j, 00 t - wCO N co OD co p CD N) 0 CD V O -D, in co o P N co O cn 0 p N p I C) 1p 91 O O CD C) 0 0 0 w 0 0 0 0 0 lo 0 cc) Z 0 N) M Cn 0) C) 0 (D a) 00 Ol 0 -4 CO to CO 00 00 OD (o (0 CA 1 0 Itb, 0 0 co N) 6 Z, 6) 0 a) 0 0 C) PO N) :,�, 0 0) 60 1 io C) 03 CD CD Cl 0 o CD IN -1-1� C) 0 0 -4 6 0 --4 o z -a cp > mea opa ;D 510, l< m V 0 7 z M Z ;D --, m X m 3 m 0 M o to m cn JN. 2; CA R 0 CTt A w N CA) w 0 Fu CO Fj 00 Fj -4 NJ 0) N) cn N 4 ro W© Z :q m > o"77 > cn 0 m m C M --I MO c2x i> --i qcc,-mmoo>2> 1----im r- O-Ozzwo">Mr-r-moo--iommo-�tzo o>mo xo - Z- > Z -, —C/)M:r- 0 c: >r-0;003 --i"O o) =;i mowffi:rmmowmpoo>—>--i---iG)-' z -* --I2 G) -o C) 92 Z x -< 0 m w o > I > M m --I -09, > 9-) —i:0;0� > * M W > C� Z C) --, ,i > — > --4 r- m r- 0 M --4 0 m 0 0 Cf) N --, o M z0 ;OG)Ow* >CbOW02O;uo m :ro(/)Mc 0 — 0 -n -V ;0> -u _0 > r- -Ur-{m P;u --i m _0 z m z 0 Z > r --Do* n >WO. -N U) 0? 0) m I - ;u c z 0 r- zz m 0, M m c C/) cf) Z G) -0 (J) o , Z 0 —0 "M -Pt m MA-< CMA c Z Z m M ;>o > C� r- -;a 0 > --i M < 5.4.0 N Y) G) > r- Q > ca -4 m M m --1 0 M r- (7) P, > z 0 M -0 4.. ;o 0 00 N) z C/) (J2 -<-<D cj)m m > m > m > m > m > m > m > M > M > --jc z z C 00 OD 0 00 wm co 0 0) 00 Ul 0) N) fQ w > Z Co 5A CD N CA) Iv N w -N bo co bD co Un 07 m cr)in N) r\) -4 OD 6 w '4 C C) 0 C) 4 z =qi "0 m F) m 40N " cn "(0 cn " m 0) m N w 0 00 wA. co 00 w M C) C D "1 0 --4 - w OD w (n �o -D6 �o Cl 6w D m w (D C, 6) C) 6 Cl b) co I rn 0 co 4 > m 1.04 Miscellaneous Requirements and Affirmations A. Proposals (Bids) must be on the Bid Form. B. The Bidder acknowledges the receipt, execution, and return of the following forms and required information with the Bid (the Bidder is to fill out the far right column in the below Table): Section Form / Information Submitted by Bidder with Bid (Y/N) 00410 Proposal (Bid Form) Including Acknowledgment of All Issued Addenda Yes Acknowledge of Receipt of Addendum (Form Issued by the City with each issued Addendum Yes Bid Security in Accordance with the Instructions to Bidder Yes Bidder Completed W-9 Form Yes — Bidder Officer Signatory Authorization Information Yes 00430 Trench Safety Form Yes 00432 Non Collusion Affidavit Yes 00434 Conflict of Interest Affidavit Yes 00436 Florida Statutes on Public Entity Crimes Affidavit Yes 00438 Compliance With the Public Records Law Affidavit Yes 00440 Bidder Information and Affidavit Yes 00450 Certification Of Non -Segregated Facilities Form Yes 00452 Disputes Disclosure Form Yes 00454 Drug Free Workplace Form Yes 00456 Unauthorized (illegal) Alien Workers Affidavit Yes 00458 E -Verify Compliance Form Yes 00460 Americans With Disabilities Act Affidavit Yes 00464 Schedule Of Proposed Subcontractors Yes 00622 City of Sanford Insurance Requirements and Affidavit Yes Copies of Licenses Issued by the State of Florida Dept. of Business and Professional Regulation Construction Industry Licensing Board Yes Sanford RiverWalk Phase 1- Irma Remediation PROPOSAL (BID FORM) May 10, 2019 NAME OF BIDDER: KIRTON ENTERPRISES, INC 00410-5 1.05 RESPECTFULLY SUBMITTED, signed and sealed this 12 day of June 2019 KIRTON ENTERPRISES. ING''//_71/j of'E�dd -6/12/19 Date Rachelle Kirton. VP Printed Name and Title 1630 Tomoka Farms Rd Business Address Port Orange, FL 32128 City State Zip Code 386-341-6232 877-236-0755 Telephone No. Facsimile No. rach ell eki rton@kirton entor�ises. corn E -Mail Address AT -E 6/12/2019 By js'iKature� Date Printed Name and Titl END OF SECTION Sanford RiverWalk Phase I - Irma Remediation PROPOSAL (BID FORM) May 10, 2019 Kirton Enterprises, Inc NAME OF BIDDER: 00410-6 SECTION 00430 TRENCH SAFETY FORM Bidder acknowledges that included in the various items of the proposal contained on the Bid Form are costs for complying with the Florida Trench Safety Act (FS 553.60-553-64). The Bidder further identifies the cost of compliance with the applicable trench safety standards for the project as follows (Bidder to attach additional sheets as necessary to identify all costs): 1,D Trench Safety Measure Units of Measure (Description) (LF, SF, SY) Unit Unit Cost Extended Quant1tv Cost A B C D E F � TOTAL $ The total cost shown herein is already included in the various items on the Bid Form and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards, Submittgd,, signed and sealed this I KIRTOO ENTERPRISES, INC Rachelle Kirton. VP day of June 2019 Printed Name and Title ATTEST: 6/12/2019 J'A 'V i Signature Date END OF SECTION Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00430-1 TRENCH SAFETY FORM SECTION 00432 NON COLLUSION AFFIDAVIT The undersigned, by signing this document hereby certifies that the company named below hereby is or does: 1 States that the entity named below and the individual signing this document has submitted the attached bid or proposal: Z 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 Owner or any person interested in the proposed Contract. 5. The price or prices quoted in the attached bid or proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or proposer or any of its agents, representatives, owners, employees, or parties in interest, including the individ UI signing this document. KIRTON;ENT RPRISES, INC Bidder 6/12/2019 Signature kuWrized Representative (Affi�nt) Date RACHELLE KIRTON - VP Printed or Typed Name and Title of Authorized Representative (Affiant) Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00432-1 NON COLLUSION AFFIDAVIT COUNTY OF VOluGia STATE OF FLORIDA Before me, the undersigned Notary Public of the State of Florida,persoDa|ly appeared Rachelle Kirton as vr of_______ whose name(s) is/are subscribed b)the within (natrurnent, who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation, Subscribed and swmnntobefore n`athis 12 day of June .2019 Signature of Notary Pc4blic Print, Type or Stamp COmnOiSSiOn8U State OfFlorida Name of Notary Public Personally Known X Or, Produced Identification Type CfIdentification Produced END OF SECTION Sanford RivehWa|kPhase |- Irma RomedieUnn May 10.201V NON COLLUSION AFFIDAVIT SECTION 00434 CONFLICT OF INTEREST AFFIDAVIT Project Name: Sanford Riverwalk Phase I - Irma Remediation Bid No.: IFB No. 18/19-32 The Affiant identified below deposes and states that: The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project, 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project, 7. 1 certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. 1 certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00434-1 CONFLICT OF INTEREST AFFIDAVIT KIRTOI�'ENT�RPRISES, INC Bidder �9 / , , N � � V YA, 6/12/2019 Signat ute6f-Autlibrized Representafl"V6 (Affiant) Date Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF VOLUSIA STATE OF FLORIDA Before me the undersigned Notary Public of the State of Florida, personally appeared RacheII6 Kirton as VP of Kirton Enterprises, Inc whose name(s) is/are subscribed to the within instrument, who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Subscribed and sworn to before me this 12 day of June 2019 Signature of Notary Publid," Print, Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known X Or, Produced Identification Type of Identification Produced MY Bleich Pike Alf N MIS ION# e MY COMMISSION# GW309423 ND OF SECTION EXPIRES: S .101 0 P. XPIRES: April 01, 2023 Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00434-2 CONFLICT OF INTEREST AFFIDAVIT SECTION 00436 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Project Name: Sanford Riverwalk Phase I - Irma Remediation lFB No. 18/19-32 The Affiant identified below attests to the following: I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 2. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt, in any Federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management of the entity and how has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 4. 1 understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00436-1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT 5. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement, (Note: indicate which of the below statements apply) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agent who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. .The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (You must attach a copy of the final order.) I understand that the submission of this form to the City of Sanford is for the City only and, that this form is valid through December 31, of the calendar year in which it is filed. I also understand that i am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 2�7.017, Florida Statues, for category two of any change in the information contained in this forrW- KIRTO RPRISES, INC 59-3607236 Biddj-- FEIN No. 6/12/2019 Signatre of Au-Thorized Represent tive (Affiant) Date Rachelle Kirton, VP Printed or Typed Name and Title COUNTY OF VOLUSIA STATE OF FLORIDA Authorized Representative (Affiant) Before me, the under -signed Notary Public of the State of Florida, personally appeared Rachelle Kirton - as VP of Kirton Enterprises, Inc whose name(s) is/are subscribed to the within instrument. who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Sanford RiverWalk Phase I - Inna Remediation May 10, 2019 00436-2 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT Subscribed and sworn to before me this 12 June day of 19 17 Signature of Norary Publie- Print, Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known Or, Produced Identification ______ Type of Identification Produced IDeAnn =Bleich Pike MY COMMISSION 0 GG309423 4-,,,Z XPIRES: April 0 1, 2023 D OF SECTION Sanford RkmrWa|hPhase |' Irma Remediation May 10, 2019 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT SECTION 00438 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon award recommendation or 30 days after opening, it is understood that all submittals shall become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes, and Section 24(a), Article 1 of the Constitution of the State of Florida, and other controlling law (collectively the "Public Records Laws"). If the City of Sanford (City) rejects all replies submitted in response to a competitive solicitation and provides notice of its intent to reissue the solicitation, the replies remain exempt from disclosure until the City provides a notice of intent to award or withdraws the reissued solicitation. If no award is made, responses are not exempt for longer than 12 months after the initial notice rejecting all responses. Proposers/Bidders must invoke the exemptions to disclosure provided by law as applicable to the response to the solicitation, must identify the data or other materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City. If a Proposer/Bidder submits information exempt from public disclosure, the Proposer/Bidder must specifically and in detail identify with specificity which pages/paragraphs of their bid/proposal package are exempt from the Public Records Laws, identifying the specific exemption under the Public Records Laws that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Proposer/Bidder agrees to defend, indemnify and hold the City harmless in the event the City litigates the public records status of the Proposer's/Bidder's documents. This provision obligates the Proposer/Bidder to pay the full legal costs of the City including, but,not limited to, attorneys fees, court costs, and any and all other charges, regardless of what leqel of trial or appeal. KIRTQN ENTERPRISES, INC I I"' - Prop er idder 6/12/2019 Signature 6f Aut orized Representhtive (Affiant) Date Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF Volusia STATE OF FLORIDA Before me, the undersigned Notary Public of the State of Florida, personally appeared Rachelle Kirton as VP of Kirton Enterprises, Inc whose name(s) is/are subscribed to the within instrument, who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Sanford RiverWalk Phase I - Irma Remediation COMPLIANCE WITH THE PUBLIC RECORDS May 10, 2019 LAW AFFIDAVIT 00438-1 Subscribed and sworn tobefore mathis 12 June day of 2819 (-"44/xv -�ele� Signature of Notary Puwi& Print, Type or Stamp Commissioned State ofFlorida Name ofNotary Public Personally Known X Or, Produced Identification Type OfIdentification Produced END OF SECTION Y COMMISSION # G0309423 ,0" EXPIRES: Apil 01,2023 Sanford RiverNa|hPhase |- Irma Ramodiation May 10, 2019 O0430-2 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT SECTION 00440 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. KIRTON ENTERPRISES, INC Name of Bidder 1630 Tomoka Farms Rd, Port Orange, FL Address of Bidder 386-341-6232 877-236-0755 racheilekirton@kittonenterpfises.com Phone No. of Bidder Fax No. of Bidder Bidder E -Mail Address The Bidder is (check one of the following): ( )An Individual ( )A Partnership (x) A Corporation Principal Office Address: 1630 Tomoka Farms Rd, Port Orange, FL 32128 Officer Information and Key Personnel: Each Bidder must ensure that the officer information provided below is in accordance with the Bidder's corporate registration supplied to the Secretary of State. The Bidder must provide with its bid submittal the necessary information to verify the individual signing the bid and or any contract document has been authorized to bind the corporation. For example, provide either: A copy of the Articles of Incorporation listing the approved signatories of the corporation; A letter from the President listing the members of staff that are authorized signatories for the company-, or A copy of a corporate resolution listing the members of staff as authorized signatories for the company. President's Name: KENT S KIRTON Address: 1630 Tomoka Farms Rd, Port Orange, FL Phone No.: 386-341-6232 E -Mail Address: racheliekirton@kirtonenterpdses.com Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00440-1 BIDDER INFORMATION AND AFFIDAVIT Vice President's Name: Rachelle Kirton Address: 1630 Tomoka Farms Rd, Port Orange, FL 386-341-6232 Phone No.: racheliekirton@kirtonenterprises.com E -Mail Address: Secretary's Name: Rachelle Kirton 1630 Tomoka Farms Rd, Port Orange, FL Address: Phone No.: 386-341-6232 racheliekirton@kirtonenterprises.com E -Mail Address: Rachelle Kirton Treasurer's Name: 1630 Tomoka Farms Rd, Port Orange, FL Address: 386-341-6232 Phone No.: E -Mail Address: rachellekirton@kirtonenterprises.com Project Manager's KENT S KIRTON Name: Address: 1630 Tomoka Farms Rd, Port Orange, FL Phone No.: 386-341-6232 E -Mail Address: rachellekirton@kirtonenterprises.com Sanford RiverWalk Phase I - Irma Rernedlation BIDDER INFORMATION AND AFFIDAVIT May 10, 2019 00440-2 Project Superintendent's KENT S KIRTON Name: Address: 1630 Tomoka Farms Rd, Port Orange, FL Phone No.: 386-341-6232 E -Mail Address: rachellekirton@kirtonenterprises.com 2. How many years has the Bidder been in business as a Contractor under its present name? 22 years 3. Under what other former names has the Bidder operated? Kirton Lawn Service in 1992 Kirton Landscaping 1992-1997 Commercial Landscaping and hardscape company until obtaining SCGC License and then changed to construction only - Kirton Enterprises, Inc 4. How many years of experience in construction work has the Bidder had as a Prime Contractor? 22 years 5. List below information concerning projects the Bidder has completed in the last five (5) years as a Prime Contractor for the type of Work required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Bidder named above. The Owner reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Bidder. Name of Project Hiles Blvd Off Beach Parking and Restroom Area Name of Owner Volusia County Coastal Division Owner Reference Contact Name Niles Cyzycki E -Mail Address and Phone No Start and Completion Dates Construction Contract Amount Major Construction Items Such as Pipeline Length and Diameters and Type (Water Main, Storm ncyzycki@volusia.org / 386-736-5972 1112017 - 4/2018 Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 695,000 00440-3 BIDDER INFORMATION AND AFFIDAVIT Sewer, etc.); Lift Station Size (No. of Pumps and Hp), Length of Roadway and No. of Lanes) Name of Project Name of Owner Owner Reference Contact Name E -Mail Address and Phone No. Start and Completion Dates Construction Contract Amount Latitudes Margaritaville Front Entry Feature Minto Communities Virginia Feiner - ginfeiner@gmail.com / 908-295-6622 11/17-4/18 $435,000 Major Construction Items Such as 'L Q I Pipeline Length and Diameters and Type (Water Main, Storm Sewer, etc.); Lift Station Size No. of Pumps and Hp), Length of Roadway and No. of Lanes) Name of Project Name of Owner Owner Reference Contact Name E -Mail Address and Phone No. Start and Completion Dates Construction Contract Amount Great Escape Parkside Orlando Area Luxury Rentals, LLC Andrew Greenstein or Ginger Howard Andrew@oriandoarealuxuryrentals.com 352-250-4220 9/18 - 2/2019 $1.2 Major Construction Items Such as Pipeline Length and Diameters_. r and Type (Water Main, Storm Sewer, etc.); Lift Station Size (No. of Pumps and Hp), Length of Roadway and No. of Lanes) Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00440-4 BIDDER INFORMATION AND AFFIDAVIT Name of Project Casselberry DOT Exchange FlyOver - 436/17-92 Name of Owner Kitson & Partners Owner Reference Contact Name Rhonda Fisher/ 407-312-3196 E -Mail Address and Phone No. rfisher@kitsonpartners.com / 407-682-4127 Start and Completion Dates 10/2014 - 2/2015 Construction Contract Amount Major Construction Items Such as Pipeline Length and Diameters and Type (Water Main, Storm Sewer, etc.); Lift Station Size (No. of Pumps and Hp), Length of o...„.S Roadway and No. of Lanes) Name of Project Name of Owner Owner Reference Contact Name E -Mail Address and Phone No. Start and Completion Dates Construction Contract Amount Major Construction Items Such as Pipeline Length and Diameters and Type (Water Main, Storm Sewer, etc.); Lift Station Size (No. of Pumps and Hp), Length of Roadway and No. of Lanes) Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00440-6 BIDDER INFORMATION AND AFFIDAVIT 9. Has the Bidder ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). K01 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). M 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder (attach additional sheets as necessary): Kirton Enterprises, Inc - 1630 Tomoka Farms Rd, Port Orange, FL 32128 12. What is the Bidder's bonding capacity? $5 million 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? $1.4 million 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: Florida Surety Bonds, Inc The Gray Insurance Company' 620 N Wymore Road, Suite 200 Maitland, FL 32751 Agent - Cheryl Foley - 407-786-7770 15. Has the Bidder been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? if so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). NO Sanford RiverWalk Phase I - Irma Remediation BIDDER INFORMATION AND AFFIDAVIT May 10, 2019 00440-6 The Bidder acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the Owner in awarding the contract and such information is warranted by Bidder to be true. The discovery of any omission or misstatement that materially affects the Bidder's qualifications to perform under the contract shall cause the Owner to reject the bid or proposal, and if after the award to cancel and terminate the award and/or contract. Provided along with this document is completed IRS form W-9 and information on authorized signatories for the Bidder, N ENTERPRISES, IN 6/12/2019 (Affiant) Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF VOLUSIA STATE OF FLORIDA Date Before me, the undersigned Notary Public of the State of Florida, personally appeared Rachelle Kirton as VP of Kirton Enterprises, Inc whose name(s) is/are subscribed to the within instrument, who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Subscribed and sworn to before me this 12 day of June 20 19 . Signature of Notary Publi6 , -"' Commissioned State of Florida 0/ Print, Type or Stamp Name of Notary Public Personally Known X Or, Produced Identification Type of Identification Produced ?1A OF SECTION .,kByp !'b DeAnn Bleich Pike > "Ib := MY COMMISSION # GG309423 EXPIRES: April 01, 2023 Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00440-7 BIDDER INFORMATION AND AFFIDAVIT SECTION 00460 CERTIFICATION OF NON -SEGREGATED FACILITIES FORM The Bidder certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of its establishments. The Bidder further certifies that none of its employees are permitted to perform their services at any location under the Bidder's control during the life of this contract where segregated facilities are maintained. The Bidder 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 Bidder 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. i 0 K1qT0N1 ENTERPRISES, INC of re of Authorized Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative END OF SECTION Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00460-1 6/12/2019 Date CERTIFICATION OF NON -SEGREGATED FACILITIES FORM SECTION 00454 DRUG FREE WORKPLACE FORM The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named below does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and Employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed a copy of the statement specified in item 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. KIR,TC) ENTERPRISES, INC Bidder C 6/12/2019 Signature f Authorized Representative r Date Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative END OF SECTION Sanford RiverWalk Phase I - Irma Remediation DRUG FREE WORKPLACE FORM May 10, 2019 00464-1 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. 2. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? NO - -- (Y/N) Has your firm, or any member of your firm, been declared it removed from a contract or job related to the services your firm course of business within the last five (5) years? NO default, terminated or provides in the regular _ (Y/N) Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? NO (Y/N) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsif)cation of facts shall be cause for forfeiture of rights for further consideration of the project identified. Firm Signatufe of Authorized Representative //, Date Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative END OF SECTION Sanford RiverWalk Phase I - Irma Remediation DISPUTES DISCLOSURE FORM May 10, 2019 00462-1 SECTION 00456 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly -funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. Upon request of the City, it will provide copies of Immigration Form 1-9 for each person associated with the above name company who has been or is present at the O&Ynated jobsite associated with ny, rk or project resulting from this solicitation. KIRTON �NTERPRISES, INC 6/12/2019 Sign ure��u orized Representati (Affiant) Date Rachelle Kirton, VP 7/ 1 Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF VOLUSIA STATE OF FLORIDA Before me, the undersigned Notary Public of the State of Florida, personally appeared Rachelle Kirton as VP of Kirton Enterprises, Inc whose name(s) is/are subscribed to the within instrument, who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Subscribed and sworn to before me this 12 14 Signature of Notary Pub,,'"' Commissioned State of Florida Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 day of June Print, Type or Stamp Name of Notary Public UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT 00466-1 DeAnn Bleich Pike 23 MY COMMISSION # GG309423 M IS 01, EXPIRES: April 01, 2023 day of June Print, Type or Stamp Name of Notary Public UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT Personally Known Or, Produced Identification Type of Identification Produced END OF SECTION Sanford RiverWalk Phase I - Irma Remediation UNAUTHORIZED (ILLEGAL) May 10, 2019 ALIEN WORKERS AFFIDAVIT 00456-2 Project Name: SECTION 00458 E -VERIFY COMPLIANCE AFFIDAVIT Sanford RiverWalk Phase I - Irma Remediation Bid No.: IFB No. 18/19-32 The Affiant identified below attests to the following: That the Bidder 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 Bidder's subBidder I Contractors performing work under the above -listed Contract are legally permitted to work in the United States. 2. Each Bidder / 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 Bidder / Bidder / Contractor will register and participate in the work status verification for all newly hired employees of the Bidder / Bidder / Contractor and for all subBidder / Contractors performing work on the above -listed Contract. 4. The Bidder / Bidder / 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 Bidder / 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 Bidder / 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. Bidder / Contractor further understands and agrees that in the event of such termination, the Bidder / Contractor shall be liable to the City for any costs incurred by the City as a result of the Bidder / 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. Sanford RiverWalk Phase I - Irma Remediation E -VERIFY COMPLIANCE AFFIDAVIT May 10, 2019 00468-1 .9 0 =_ "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, 6/12/2019 Signature ofWtffhorized Representative (affiant) Date Rachelle Kirton, VP Printed or Typed Name and Title of Aufhorized Representative (Affiant) COUNTY OF VOLUSIA STATE OF FLORIDA Before me, the undersigned Notary Public of the State of Florida, personally appeared Rachelle Kirton as VP of Kirton Enterprises, Inc —whose name(s) is/are subscribed to the within instrument, who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Subscribed and sworn to before me this 12 day of June 2019 Signature of Notary Pu ' blic Print, Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known X Or, Produced Identification Type of Identification Produced 9MY i Bleich Pike END OF SECTION Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00468-2 E -VERIFY COMPLIANCE AFFIDAVIT SECTION 00460 AMERICANS WITH DISABILITIES ACT AFFIDAVIT By executing this CartificoUon, the undersigned Bidder certifies that the information herein contained is true and correct and that ;VOe of the iOforD@UOD supplied was for the pV[pOS8 Of defrauding the City of Sanford. The Bidder will not discriminate against any employee or applicant for employment because of physical or nneOtm| handicap in regard to any position for which the employee O[applicant for enlp|DynleOt is qualified. The Bidder agrees to comply with the rU|8s' regulations and relevant orders issued pursuant b]the Americans with OksabKKiesAct (ADA), 42 USC s. 12101 et8eq. it is understood that in DV event shall the City Of Sanford be held |i@b(8 for the actions or Onl|saion8 of the Bidder or any other party or parties to the Agreement for failure to CO0p|y with the ADA. The Bidder agrees to hold hmrrn\eaa and indemnify the City of Sanford, its agerde, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law V[/�quib/. nesU|UDgh0rnthe Bidders acts DrorniseimnG in connection yYiththe ADA. / 6/12/2019 of Authorized Rep 0uffimnU RachdleKirton, VP Printed orTyped Name and Title ofAuthorized Representative (Affianh COUNTY OF 111115,44 STATE OF FLORIDA Before me, the undersigned NotaryPubUcoftheStadeofFlorida. personally appeared Rachelle Kirton as VP Cf________ K'rton Enterprises, Inc whose OaDle/G\ is/are subscribed to the within iDstrurneOi, who personally swore or 8fhrrD8d that he/she is @UthO[trgd to execute this document and thereby bind the Corporation. j�D� Su is 12 day of 19 Signature of Notary Pu6lfc Print, Type or Stamp Commissioned State of Florida Name of Notary Public Personally Known X Or, Produced Identification _____ Type of Identification Produced END OF SECTION Sanford Riveh8a|kPhase |- Irma Rome6iabun May 1O.2O1gAFFIDAVIT 60-1 F1 Z EXPIRES: April 01, 2023 AMERICANS WITH DISABILITIES ACT 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 1 Contact Name and Title Contact Phone No. 1661 Taylor Rd PNC Bank - Port Orange, FL 32128 Ingrid, Branch Mngr 386-304-1649 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) Sanford RiverWalk Phase I - Irma Remediation FINANCIAL INFORMATION FORM May 10, 2019 00462-1 F. State the name of the firm preparing the financial statement and date thereof: G. This financial statement must be for the identical organization named on page one. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted by other than the organization named on page one. 3. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: Name Address Percentage Owned KENT S KIRTON 1630 Tomoka Farms Rd, Port Orange, FL 50% Rachelle Kirton 1630 Tomoka Farms Rd, Port Orange, FL 50% KIRP& E N E 7 ITERPRISES, INC Bidder A6/12/2019 Signat*e of —Authoried Representative Date Rachelle Kirton, VP Printed or Typed Name and Title of Authorized Representative END OF SECTION Sanford RiverWalk Phase I - Irma Remediation FINANCIAL INFORMATION FORM May 10, 2019 00462-2 SECTION 00464 SCHEDULE OF PROPOSED SUBCONTRACTORS Project Name: Sanford RiverWalk Phase I - Irma Remediation Bid No.: IFB No. 18/19-32 — Does the Bidder propose to use Subcontractors on the above identified Project (Y/N): Y If the Bidder proposes to use Subcontractors, provide information on each Subcontractor (attach additional sheets as necessary): Subcontractor Name Subcontractor Address Subcontractor Contact Name Contact Phone No. Contact E -Mail Address Proposed Subcontract Work Approximate Dollar Value of Work Is Subcontractor MBE/WBE (Y/N)? Subcontractor Name Subcontractor Address Subcontractor Contact Name Contact Phone No, Contact E -Mail Address Proposed Subcontract Work Approximate Dollar Value of Work Is Subcontractor MBE/WBE (Y/N)? ACET RECYCLING Scott Drewery scott@acet-recycling.com Site Work $35;000 N Better Barricades 1725 Tionia Rd, New Smyrna Beach, Philip Naff pnaff@betterbarricades.com concrete $21,000 Y Sanford Riverwalk Phase I - Irma Remediation SCHEDULE OF PROPOSED SUBCONTRACTORS May 10, 2019 00464-1 Subcontractor Name BR Electric Subcontractor Address Subcontractor Contact Name Brian Reynolds Contact Phone No, Contact E -Mail Address brelectricinc@yahoo.com Proposed Subcontract Work Approximate Dollar Value of Work Is Subcontractor MBE/WBE (YIN)? Subcontractor Name Subcontractor Address Subcontractor Contact Name Contact Phone No. Contact E -Mail Address Proposed Subcontract Work Approximate Dollar Value of Work Is Subcontractor MBE/WBE (Y/N)? Subcontractor Name Subcontractor Address Subcontractor Contact Name Contact Phone No. Contact E -Mail Address Proposed Subcontract Work Approximate Dollar Value of Work Is Subcontractor MBENVBE (Y/N)? Sanford RlverWalk Phase 1- Irma Remediation SCHEDULE OF PROPOSED SUBCONTRACTORS May 10, 2019 00464-2 Subcontractor Name Subcontractor Address Subcontractor Contact Name Contact Phone No. Contact E -Mail Address Proposed Subcontract Work Approximate Dollar Value of Work Is Subcontractor MBENVBE (YIN)? KIRTON ENTERPRISES, INC Name of Bidder 1 30 ornoka Farms Rd, Port ranp. FL 32128 Add*q / / ", „ AAY- - State Zip Code Autholzed-Signdture Rachelle Kirton, VP Printed Name and Title END OF SECTION Sanford RiverWalk Phase I - Irma Remediation SCHEDULE OF PROPOSED SUBCONTRACTORS May 10, 2019 00464-3 SANFORD INSURANCE REQUIREMENTS AND AFFIDAVIT The following insurance requirements are required to be met in addition to requirements defined in Sections 00700 (General Conditions) and uubuu (Supplementary Conditions). Any conflict between the reauirements contained in this section and anv other section, it is herebv noTea inat tne requirements OT tnis section as amenaea snail prevail. The successful bidder will be required to provide, to the City of Sanford and the L_iqJllfV1-'l' plivi LV aaiy vtroim' a .cwjiQdLtj Ui lii'suidfiQa coverage in compliance with the requirements outlined below An -work finitiatedLl L U completion of this requirement shall be unauthorized and the City will not be responsible, 2. The City reserves the right, as conditions warrant, to modify or increase insurance requirements outlined below as may be determined by the project, conditions and exoosure. 3. The insurance limits indicated below and otherwise referenced are minimum limits acceptable to the City. Such policies shall be endorsed to provide primary and non- contributory coverage to the Citv and all of the Additional Insureds in relation to anv and all other itaDiury insurance and shall not contain co-insurance provisions. 4. All policies are to provide a Waiver of Subrogation endorsement in favor of the City and dil Uf tilt r'\UUWUfidJ lfiaufUu'i. 5. All policies, except for professional liability policies ano �oNcles Insured. t-nqe bN/ case basis. 7. Builders Risk (-All Risk") insurance is requ�rec I f I or all proi- ts that include above grade construction. installation of structures. pipeline instaltatfon. and for all projects where the Contractor proposes to be paid for stored rnatenaL 8. In the event that the insurance coverage expires prior to the cornpiettion, of the project, a renewal certificate shall be issued 30 days prior to said expiration date. 9. All limits are per occurrence and must include Bodily Injury and Property Damage. 10. All policies must be written on occurrence form, not on claims made form, except for Professional Liability. 11. Self insured retentions shall not be allowed on any liability coverage. Sanford RiverWalk Phase I - Irma Remediation CITY OF SANFORD INSURANCE May 10, 2019 REQUIREMENTS AND AFFIDAVIT 00622-1 12. In the notification of C8nnS|8bUn: The City of G8nfOn] and the Engineer ShGU be endorsed onto the policy as G C8DCoUoU0O DVtiC8 nacipieDt. Gh0V|d any of the above described policies be cancelled behJFo the expiradiOn date thepenshall eh�be delivered to the City of Sanford in accVrdaOCevVi(h the policy provisions'. 13. All insurers must have anA.yW.Best rating nf81least A,V||. 14. It is the responsibility of the Contractor to responsible to 8DsUpe that all Subcontractors retained by the Prime Contractor shall provide coverage as defined herein before and ofterandeneihenenponnibiUtyofsaid Primp Contna/torinall neype/ty. 15. Any changes to the coverage requirements indicated above Sh8|| be approved by the City OfSanford Risk Manager. 10. AdUn38S Of "Certificate Holder" is: City of G@Dfnnd; Attention: Purchasing Manager; 300 N. Park Avenue); 8aDford, FL 32771 Phone: 407-688.5028; Fax: 407-088-5021 VV CPH. |Oc.,5OOest-Fulton St.,Sanford, FL32771. ' 17. All certificates Ofinsurance, notices, etc. must b8provided b}the above addresses. 18. Insurance requirements are asfollows: A. For construction projects wherSthet0to}c0n8tnuC|i0ncostiSlesath8D$5UO.O00; and the Contract Time is less than 180 days; and no unusual hazards exist: coverage Required Minimum Policy Limits Workers' Compensation *Certificates of exemption are not acceptable in lieu of workers compensation insurance Disease $500.000.00 Coverages shall include: Premises / Operations; Products/Completed Operations; Contractual Lia bility- $1,000,000.00 Per Occurrence Independent Contractors, Explosion; Collapse; $1,000,000.00 General Aggregate Underground. When required by the City, coverage must be provided for Sexual Harassment, Abuse and I r.nmnr hensive Auto Liability, C -SL, shall include "any auto" or shall include ail of the following: owned I $1,000,000.00 Combined Single Limit leased, hired, non -owned autos, and scheduled autos. $1,000,000.00 General Aggregate I Professional Liability (when required) $1,000,000.00 Minimum Builder's Risk (when required) shall include theft, sinkholes, off site storage, transit, installation and I I --i—on - __ -- 100% of completed value of additions included and the policy shall be endorsed to cover the and structures interest of all parties, including the City of Sanford, all contractors and subcontractors. Garage Keepers (when required) I $1,000,000.00 Aggregate: No per vehicle maximum preferred Sanford Riveh8a|kPhase |' Irma Rumndiabon May 10, 2019 CITY OFSANFORDINSURANCE REQUIREMENTS AND AnqIAW/T 19. Certification: A. It is noted that in the event the City enters into contract with the Bidder, applicable to a purchase order, work order, contract or other form of commitment by the City of Sanford, whether in writing or not, the City has no such contractual relationship with the Bidder's insurance carrier. Therefore, the onus is on the Bidder to insure that they have the insurance coverage specified by the City to meet all contractual obligations and expectations of the City. Further, as the Bidder's insurance coverage is a matter between the vendor and its insurance carrier, the City will turn to the Contractor for relief as a result of any damages or alleged damages for which the Contractor is responsible to indemnify and hold the City harmless. It is understood that the Contractor may satisfy relief to the City for such damages either directly or through its insurance coverage; exclusions by the insurance carrier not withstanding, the City will expect relief from 'the Contractor, B. The Undersigned accepts and agrees to meet all of the insurance coverage requirements, terms, conditions and certification(s) stated herein before and after ­a:,intain ana orovicie ine aesionated coverage during the We OT ine ioeniffiea aocument. Also, wrien ine coverage requirements sTatea "ef-re a -A It I I, aftr� G. -a 1 Li IV U IL Vy Cktjvllv,a Litt-, puidliise uiaer Ur WHIUaGi uui;uiliaiii, Uioski lkiiiis, WilultIVII0 cillu 6f6 W'4,5 41#6i 6"UiTf 60- If- I-U*I1­y* 0 -tit' -IV'- 1'61 It"t V%'-,'1­&-ja--LIIII. —Y. KiK i ui� i_f� i i-KHW61 6 7 ii�u Name of R 1 URIOKa I -al -ITIS d, f f t 01-arige, i - i_ 32128 Address 'City State Zip Code Signatufe r,1=rh=11= Virtnn 1 -1 ­­ Printed Name and Title I .......^U COUNTY OF VULUO-N STATE OF FLORIDA Before me, the undersigned Notary Public of the State of Florida, personally appeared Rachelle Kirton as VP Of Kirton Enter prises, Inc —whose name(s) is/are'subscribed to thewithininstrument, Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00622-3 CITY OF SANFORD INSUR-4,NCE REQUIREMENTS AND A who personally swore or affirmed that he/she is authorized to execute this document and thereby bind the Corporation. Subscribed and sworn to before me this Signature ol Notary Publ* Commissioned State of orida day of 20 Print, Type or Stamp Name of Notary Public Personally Known Or, Produced Identification Type of Identification Produced WVVVVVVWVVVVVVVVVVVVV%plp END OF SECTION DeAnn Bleich Pike MY COMMISSION 4r M Y COMMISSION # GGG309423 MM SI EXPIRES: S. April 0 1, 2023 XPIRES: April 01, 2023 IR Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00622-4 CITY OF SANFORD INSURANCE REQUIREMENTS AND AFFIDAVIT DATE: .6/5/19 TO: All Bidders/Proposers City of Sanford I Finance Department Purchasing Division 300 NX. Park Avenue Suite 236, Sanford. Florida 32771 Phone- 407-688-5028 or 5030 1 Fax: 407-688-50211 Email: Sanford RiverWalk Phase I - Irma Remediation - IFB 18/19-32 FROM: Lindsey Bojadziiev. Purchasing Analyst City of Sanford Purchasing Division ADDENDUM No. 1 Page I of 3 (Plus Attachments) SUBJECT: Addendum No. I - Sanford Riverwalk Phase I - Irma Remediation - IFB 18/19-32 This Addendum is issued to provide additional information. clarification. corrections. additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This Addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document. This Addendum consists of a total of 3 pages plus the following attached items: Z' C� A. Acknowledgment of Receipt of Addendum No. I Form - Total of I Page B. Report of Geotechnical Data, Phase I Irma Remediation, West Seminole Boulevard Riverwalk, Prepared by Bechtol EnC-ineerinC and Testing, Inc.. dated July 30. 2018 (Total of 3 Pages) 1. QUESTIONS AND ANSWERS (O&A) The City has received the following question(s) concerning the solicitation: I Question: TThats the engineers estimated cost for- this project? Response: 5260,000. 2. Question: Thesztbsiir facesoil report is necessary, can it be provided? Response: Attached to this Addendum No. I is the report of Geotechnical Data 3. Question: Can an electronic bid form be provided? Response: The Word version of the Bid Form and the Bid Schedule in Excel have ben uploaded to VendorLink. Note there has been no change to the Bid Form contained in the Project Manual. 4. Question:, Do all Federal administrative guidelines ie. Davis Bacon ii-oge app4v to the project ?? Response: The Contractor is not required to abide by Davis -Bacon prevailing wage requirements City of Sanford + Finance Department 1 Purchasing Division 300 N. Park Avenue Suite 236. Sanford. Florida 32 771 Phone: 407-688-5028 or 3030 ( Fax: 407-688-50211 Email: Sanford RiverWaik Phase I - Irma Remediation - IFB 18/19-32 ADDENDUM No. 1 Page 2 of 3 (Plus Attachments) for this project and there are no specific federal construction conditions that apply to this project. Question: Can the City inspect all plant material tagged at the growers yard before it is transported to the site? Response: City Staff can review the material depending on location of the site. It is preferred that the plants be located no more than a 50 mile radius from City Hall. 6.Question: Sheet Block wall detail on sheet 13 shows a 4"perforated PVC drainage line wrapped in filter fabric with a note ("if required'). 1s this required? if so can a detail showing tiwhere to drain the 4" PVC line is to drain be provided " Response: This is a product manufacturer general detail as noted on Sheet No. 13. The Contractor is not limited to this manufacturer alone. Drainage requirements are to be per manufacturer specifications for final approved wall system as required/determined by the manufacturer. Question: Should Plan sheet 13 details the block wall with a foundation option of 6" crush rock, concrete. Knowing conditions along the bank with an existing wall, can the City decide what option they require? Can the City inform Bidders what foundation option was used under the existing block ~wall to be removed near STA 8-+-50 RT? Response: This is a product manufacturer general detail as noted on Sheet No. 13. The Contractor is not limited to this manufacturer alone. Leveling pad requirements are to be per manufacturer specifications for the final approved wall system as required/determined by the manufacturer. 8.Question: Plan sheet 4 Bike Lane detail requires 4" base option in limerock, shell or asphalt. Does the engineer refer to shell as a crush concrete base? Response: Shell is not crushed concrete. However, any Optional Base Group No. 1 material per FDOT Standard Specification Section 285 is acceptable. This includes Recycled Concrete Aggregate (LBR 150), Shell Rock (LBR 100), and Bank Run Shell (LBR 100). 9.Question: Is a construction office trailer required'? Response: This is up to the Bidder. Per Section 01520 Paragraph 2.11 of the Project Manual: "The Contractor shall provide field office and storage sheds that it determines are required for the performance of the Work and protection of materials and equipment". IL CHANGES TO THE PROJECT MANUAL: 10. Section 00320, "Geotechnical Data": Add the following under Paragraph 1.01 Description: A. The following geotechnical report(s) were prepared for the City. copies of which are contained in the Appendix to these technical specifications: City of Sanford I Finance Department Purchasing Division 300 N, Park Avenue Suite 236, Sanford. Florida 32771 Phone: 407-688-5028 or 5030 1 Fax: 407-688-50211 Email: Sanford RiverWalk Phase I - Irma Remediation - IFB 18/19-32 Page 3 of 3 (Plus Attachments) 1. Report of Geotechnical Data, Phase I Irma Remediation, West Seminole Boulevard Riverwalk. Prepared by Beclitol Engineering and Testing, Inc., dated July 30., 2018. 111. OTHER ITEMS: 11. Attached is the "Acknowledgment of Receipt of Addendum" form for this Addendum No. 1. Bidders are to fill out and sign this form and submit it with the Bid. END OF ADDENDUM NO. I Respondents must Acknowledge Receipt of Addendum No. I by filling out and signing this form and returning Z:) it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum No. I Dated 6/5/19 to the Sanford RiverWalk Phase I - Irma Remediation - IFB 18/19-32. k1l ckn Erl+n-�Q (,I Name 6CF'Irm/Company Contact Email lac o Tn(�D of-((Ao kd` = C ` f Street Address City., State, Zip Code 3C41 Telephone— umber c.3 0 Fax Number I/P Authorized Person Title ('-) //3- 1 � Date of Signature City of Sanford I Finance Department I Purchasing Division ADDENDUM SANFORD 300 N. Park Avenue Suite 236, Sanford, Florida 32771 Phone: 407-688-5028 or 5030 1 Fax: 407-688-50211 Entail: purchasing a sanfoLdfl.gim No. I Sanford RiverWalk Phase I - Irma Remediation Attachment IFB 18/19-32 Respondents must Acknowledge Receipt of Addendum No. I by filling out and signing this form and returning Z:) it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals. Failure to comply may result in disqualification of your response. Acknowledgment is hereby made of Addendum No. I Dated 6/5/19 to the Sanford RiverWalk Phase I - Irma Remediation - IFB 18/19-32. k1l ckn Erl+n-�Q (,I Name 6CF'Irm/Company Contact Email lac o Tn(�D of-((Ao kd` = C ` f Street Address City., State, Zip Code 3C41 Telephone— umber c.3 0 Fax Number I/P Authorized Person Title ('-) //3- 1 � Date of Signature r �BECHTOL ENGINEERING July 30, 2018 BET Project No. G18119 TO: Mr. Matthew Cushman. P.E. CPN. Inc. 500 W. Fulton Street Sanford, Florida 32771 RE: Report of Geotechnical Data Phase I Irma Remediation West Seminole Boulevard Riverwalk Sanford. Florida Dear Mr, Cushman: As requested. Bec^tol Engineering and Testing. Inc. % ET) has completed gectechnicai services at the above referenced site location. The purpose of BET's services was to gain general insight as to the shallow: subsurface soil and groundwater conditions w, thin the probable construction area of a new ++- 520 LF retaining wall located north of West Seminole Boulevard in Sanford, Florida. The following report summarizes BET's findings, evaluations and recommended soil parameters fcr use in retaining wall design. BET's field study, completed on Duly 24. 2018, consisted of advancing three (3) hand auger borings within the existing embankment, along the south side of the existing seawall, to depths ranging from 7.0 to 8.0 feet below existing ground surface. Approximate locations of the borings are shown on the Boring Location Plan presented on the attached Sheet Al. Encountered subsurface conditions are presented in the form of Sail Profiles, also on Sheet Al. In general, the borings encountered fill deposits comprised of mixed gray -brown, orangish-brown and brown slightly silty to slightly clayey fine sand, some with sandy clay, trace shell, rock fragments and asphalt debris (Stratum 1) to the boring termination depths. Groundwater level was encountered at the boring locations at depths ranging from 4.0 to 4.5 feet below the ground surface existing at the time of drilling. BET notes that groundwater levels are subject to variation due to seasonal climate changes and man induced influences. During wet seasons; groundwater levels maytemporarily rise to +1-36 inches below the ground surface existing at the time of drilling. Generally, the encountered embankment soils and the underlying subgrade soils are granular in nature and should be suitable for support of adequately designed and constructed earth retainment structures. Suggested soil parameters for use in the design of segmental retaining walls or other earth retainment structures are presented below: SOIL PARAMETER ASSUMED VALUE Moist Unit Weight 110 PCF Saturated Unit Weight 125 PCF Submerged Unit Weight 62 PCF Internal Friction Angle 30` Active Earth Pressure Coefficient 0.33 Passive Earth Pressure Coefficient 3.00 At -Rest Earth Pressure Coefficient 0.50 Subgrade Modulus 200 psihn CONSULTING GEOTECHNICAL, ENVIRONMENTAL. AND MATERIALS TESTING ENGINEERS 605 West New York Avenue, Suite A • DeLand, FL 32720-5243 , Telephone (386) 734-8444 FAX (386) 734-8541 Report of Geotechnical Data - Phase I Irma Remediation, West Seminole Boulevard Riverwalk, Sanford, Florida Bechtol Project No. G, 8119 This report isprepared solely for the use u(BET'sclient and their various design professionals aoanahJinevoluahng the suitability of the project site for construction of earth retainment structures. Evaluations presented herein are based mnvery limited subsurface data derived from shallow soil borings, and without the knowledge of any final developmental scheme. Subsurface conditions not disclosed bythe borings performed may occur, and could influence construction of proposed improvements. Varying developmental schemes mayalterthe applicabilityof BET's preliminary evaluations. BET appnaooUaa the Opportunity to he of eemico, and trusts this mpud is complete and sufficient for you, needs, However, if you should have any questions or if BET may be of further service, please do not hesitate to call. Rexpoctfu|ly, Bnohtn| Engineering and Testing, Inc. Certificate of Authorization No. 00005492 � ~��' Peltd Love B.Patel Project Engineer ThomasR :,g�'*���m��� Bechto| ��'a9mK',*^��x ThonnaeB*ch1o[ P.E. President /Principal Engineer Florida License No. 38538 This item has been w"ctro"*mo,signed and seated * Thomas m.a=m*^�E. = the time and date stamp shown using digital signature. Printed copies "'th'" document are =,c=sm"=dsigned and sealed. and the signature must ^° verified on any electronic copies. IN STATE OF: The official record pvthis report is the electronic file signed and sealed under Rule mo15-e3.uoa.p'A.o. )41VMM3A]U ONVA3,mos 3iowAss -�ssm GIVV NO f,9,VlY.9-4N/.9N3 70JHO-9� Z ZF R "R" M 'z ol N IR Ilk EW IMRIM, "4- n� "77 tltoTP, tr r')p In- Ln CERTIFICATE OF LIABILITY INSURANCE v PCATE(MMODIYYYY)1 o06107120"199 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 OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED BELOW. THIS CERTIFICATE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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). 386.672-2827 2alteT Ian C Hames PRODUCER Capital Partners Insurance PHONE 386-672-2827 �J FAX 386-672-5156 F (AIC, No, Ext): f (AIC, No): 298 S. Nova Road, Suite Ormond Beach, FL 32174 E-10A1Ian capita pa nerslnsurance.com ARS Ian C Hames INSURERS IAFFORDING COVERAGE NAiC$_ _ ! Near Blue Insurance t+Omjian�j %28860 _ INSURER A : m usNi' aER e . National Union Fire Ins �i 19445 I SURE rton nterprises Inc & Travelers Property Casualty :25574 INSURER C: inppnT atmCo f'�tg Port Orange, 3272$�d 1 _INSURER D: _ --- I INSURER £ :^„_- �.._.------.---- -- F: INSURER COVERAGES GhK I It- IL;A i t fvlJlY1131=1 : ._.. ._...._.-._—• LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -- INSR ADRLSUBRi LTR TYPE OF INSURANCE 1 a POLICY NUMBER POLICY EFF POLICY EXP LIMITS _ 1,000,000 A j X COMMERCIAL GENERAL LIABILITY ; EACH OCCURRENCE 5 I DAMAGE TO RENTED 100,000 CLAIMS -MADE r X j OCCUR ! BIFL41420400 1012112018 10121/2019; s j f MED EXP An one person S 5'000 — I 1,000,000 I t PERSONAL & ADV INJURY +1S T I 2,000,000 GENERAL AGGREGATE S I GEN'LAGGREGATE LIMIT APPLIES PER: ` : 2'000'000 POLICY j X i "ECT j LOC IPRODUCTS-COMP/OPAGG I S i OTHER'. ! Ir AUTOMOBILE LIABILITY i i COMBINED SINGLE LIMIT m�S ANY AUTO i Bop OVdNED — SCHEDULED AUTOS ONLY !AUTOS I BODILY INJURY (Per acadenh - _S___ PROPERTY DAMAGE Ap j NO�`I OWNFLg 1 U DS ONLY i AU OS ON Per accident S 5'000'000 B i Xi UMBRELLA LIAB h OCCUR EACH OCCURRENCE 5 I EXCESS LIAB CLAIMS -MADE �EBU058430072 10/2112018 10121/2019,' AGGREGATE DED ' RETENTIONS 1 S PER j OTH >WORKERSCOMPENSATION . STATV. ' ER AND EMPLOYERS' LIABILITY YIN ! '-'� fi E.L EACH ACCIDENT £ j ANY PROPRIETORIPARTNERIEXECUTIVE k jOFFICERtMEMBE) EXCLUDED? 'NIA E.L. Dl5EASE EA EMPLOYEE- S ((Mandatory n ) 1 I yes, describe under 1 DESCRIPTION OF OPERATIONS below !BF304085-660 . LM!T 031131201940311312020 Equipment 79,500 C 1EquipmentFloater I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) fax 407-622-5152 CERTIFICATE HOLDER CTYSANF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Sanford 300 N Park Avenue Sanford, FL 32771 AUTHORIZED REPRESENTATIVE � wnnan rnoo/'��ATtAAI A11 rinhtc rn¢atvrari ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ,z,',?CAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION . - -ZRTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * :,:A4`STRUCTION INDUSTRY EXEMPTION s certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 4/1/2018 PERSON- KIRTON FEIN: 693607236 BUSINESS NAME AND ADDRESS: KIRTON ENTERPRISES, INC 1630 TOMOKA FARMS RD PORT ORANGE FL SCOPE OF BUSINESS OR TRADE: Contractor -Project Manager, Construction Executive, Construction Manager or Construction Superintendent 32128 EXPIRATION DATE: 3/31/2020 RACHELLE S IMPORTANT: Pursuant to Chapter 440,05(14), F.S.. an officer of a corporation who eiects exemption from th,s cnaptei tv f:mo "- a cc—, - ec!dc�, J1 -z=,- this section may not recover benefits or compensation under this chapter. Pursuant toChapter 44,01 05(12), F,S . C--ufioates of eiecnor, to oe ex-'-rrc* a= -y only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chap pter 440.05(. 3y. F S. Notices of e�e--,Or, .: to exempt and certificates of election to be exempt shall be subject to revocation if. a, any time after the filing Of the notice Or the issuance Of the cenfficate the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413-16-09 Licensee Information i,ijin Adkitc-ss: count": Lcezise M,11111)9: L iconsel-ocat tot): License Information Ucen5e Type: Rxlk: Ucen,se Number: st3tus: Licen,sure Date: E\pires: Special Qualifications Construction Business Alternate Names KIRTON ENTERPRISES INC (DSA Netnia) 1630 TOMOKA FARMS ROAD PORT ORANGE Florida 32128 VOLUSIA I Certified General Contractor Cert General CGC1506176 Current,Active 09/30/2003 08/31/2020 Qualification Effective 1�2/09/200S Viers Related-.Li,Pg.a5eipformation View LicensejCPMPIEIJM 'I," k l -=,t ! k,••'.., Privar y 'A ":tA I— e C —1 r a a v r � t &r as w v � � m � to � �r .p m a '� o m ro ' 0 m Z �. __ < rnt1`,I '� o cn ;p v o ID < X Z r)CA a C W (A a m -- O -- Z Z �ZZ D —fit Z to o =. A C Z Q m m "i ;o mQ, � -q z m = c > a m on s 3 3 p p -� m r* cn m r 7D j CA)aLn m t 0 -� m m� v cocp7n y Z V� ..� -n t✓'� to y �. ro o C a s z o Z 4 C>f C C z m r a (D t s r CL m C r :-� a Z Volusia County Business Tax Receipt Issued pursuant to F.S. 205 and Volusia County Code of Ordinances Chapter 114-1 by: Volusia County Revenue Division -123 W Indiana Ave, Room 103, Deland, FL 32720 — (386) 736-5938 Account # 199611110010 Expires: September 30, 2019 Business location: 1630 TOMOKA FARMS RD Business Name: KIRTON ENTERPRISES INC Owner Marne: KIRTON ENTERPRISES INC Volusia CQunly Mailing Address: 1630 TOMOKA FARMS RD FLORIDA PORT ORANGE, FL 32128 BUSINESS TYPE CODE COUNT TAX General Contractor Class A 3010 2 $18.00 • This receipt indicates payment of a tax, which is levied for the privilege of doing the type(s) of business listed above within Volusia County. This receipt is non -regulatory in nature and is not meant to be a certification of the holder's ability to perform the service for which he is registered. This receipt also does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. • The business must meet all County and/or Municipality planning and zoning requirements or this Business Tax Receipt may be revoked and all taxes paid would be forfeited. • The information contained on this Business Tax Receipt must be kept up to date. Contact the Volusia County Revenue Division for instructions on making changes to your account. a Volusia Count} Business Tax Receipt Revenue Division -123 W Indiana Ave, Room 103, DeLand, FL 32720 -- (386) 736-5938 DATE PAID: 8 08123203iI r RECEIPT #: WWW -17-00030359 111 a TOTAL TAX: i8.t}t) 8.00 Business Name: KIRTON ENTERPRISES INC PENALTY: Owner Name: KIRTON ENTERPRISES INC TOTAL PAID: 18.00 Mailing Address:1630 TOMOKA FARMS RD PORT ORANGE, FL 32128 I Account #199611110010 Expires:September 30, 2019 Business Location: 1630 TOMOKA FARMS RD � �,�� r �r - �- �� � _ •err Financial Statements Kirton Enterprises, Inc. Year ended December 31, 2017 ivith Report of Independent Certified Public Accountants Kirton Enterprises, Inc. Financial Statements Year Ended December 31, 2017 Contents Report of Independent Certified Public Accountants .................................. I............................ I Financial Statements BalanceSheet............................................................................................................................ 2 Statementof Income............................................................................................................... 3-4 Other Financial Information Schedule of Contracts in Process.............................................................................................. 5 "I dartin, Klay(.A' & Associates, PL Certified Public Accountants & Business Advisors Compilation Report of Independent Certified Public Accountants To Management K--- In I-nterpiises. Inc. Orange. Florida Ma.-riagement is responsible for the acconipanyin�, financial statements of Kirion Enterprises. Inc, (,I 1rida S corporationt which comprise the balance shcet as of December ;1. 2017. and -the related natements of income for the year then ended, in accordance accounting,. principles generaily accepted in the LAW States of America, We hia� e perfori-ned a compHadon engagement in accordance with Tatemems on Standuds Or Accowning and Review S, -r% ices prornulg,,ated by the Accounting and Review Seakes Cornmince ofthe :`JCPA- We did not audit or review the financial vamments nor wom we required io, perform an; procAmes to vedQ the accuracy or completeness oll, the information provided by rnanagen-,e-,-,,,,. WO JO n0! CNPI-eSS an opinion. a c:O:Iclusion. nor provide any form ofassunince �'-)n ihes"- i-inancial statcrncn"";. Nlanagernent has elected to ornit substantialll� all the disciosures and the waternan of cash floors required by zacounting, principles generall,,,- aiicept-eC _n'lie Uni-.co of,"America. If the -iiiiitteLl diSCIOSUrCS and the sunement of cash 9ows new include.: n -.11h.e "inancial stag meats. they inight influence the user s conclusions about the ConVap's i1nanciai posi-,.ion. results of operations. and cash Ms. Accordingly. le Rmsial are rot design,- d for those vvho are not informed about such rnatters. Supplementat-y Infos-mation Ile suppkmemmT information contained in she }u o.t, in is Or purposes of additional analysis and is not a required, pan of the basic WwA Kawnwny. TO information is the representation of mmmgunnu. The inforination \NLIS SUbject �"O OU1, compilation engagement. hownen we have not aulted or reviewed the supplementaq information and. acavdingy% do not express an opiWon. a conch sion. iwr provide an, Orm ol' assurance On such supplementary Information. 4 Member 10. 2018 Phone: 386-252-6075 - Fax: 386-252-6128 101 S. PahiiettoAve, Suite 2 - Daytona Beach, FL 32114 Financial Statements Kirton ]Enterprises, Inc. Balance Sheet As of December 31, 2017 ASSETS Current Assets Checking/Savings PNC Bank Account Petty Cash Total Checking/Savings Other Current Assets Cost & Estimated Earnings in Excess Billing Retentions Receivable Security Deposit Total Other Current Assets Total Current Assets Fixed Assets Automobiles & Trucks Computer & Office Equipment Machinery & Equipment Accumulated Depreciation Total Fixed Assets Other Assets Start -Up Costs Accumulated Amortization Total Other Assets TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Customer Deposits Payroll Liabilities Total Other Current Liabilities Total Current Liabilities Long Term Liabilities N/P • 2015 Ford F250 Total Long Term Liabilities Total Liabilities Equity Capital Stock Paid In Capital Profit Distribution Retained Earnings Net Income Total Equity TOTAL LIABILITIES & EQUITY Page 1 of 1 See Accountant's Compilation Report Dec 31, 17 340,003.47 600.00 340,603.47 38,723.00 18,149.17 175.00 57,047.17 397,650.64 44,135.00 2,820.00 101,290.15 -126,004.00 22,241.15 79.00 -79.00 0.00 419,891.79 163,342.49 16,860.00 180,202.49 180,202.49 16,129.82 16,129.82 196,332.31 100.00 10,060.72 -5,316.32 ?2,259.16 196,455.92 223,559.48 419,891.79 Kirton Enterprises, Inc. Profit & Loss January through December 2017 Ordinary Income/Expense Income Construction Income Landscape Income Total Income Cost of Goods Sold Job Related Costs Construction Materials Discounts Waste/Trash Removal Job Related Costs - Other Total Job Related Costs Job Related Labor Costs Day Labor Total Job Related Labor Costs Subcontractors Concrete Construction/Remodeling Electrical painting Plumbing Roofing Specialty Total Subcontractors Total COGS Gross Profit Expense Advertising Bank Service Charges Car/Truck Expense Gas & Oil Insurance -Auto Registration & License Repairs & Maintenance Car/Truck Expense - Other Total Car/Truck Expense Charitable Contributions Clean ing/Janitorial Depreciation Expense Equipment Expense Equipment Rental Gifts - Corp/Business Insurance Liability Insurance Pagel of See Accountant's Compilation Report Jan - Dec 17 1,086,320.90 22,038.82 1,108,359.72 238,053.79 4,702.46 947.89 1,099.68 244,803.82 517.74 517.74 11, 149.88 141,457.35 4,360.00 193,795.00 2,500.00 11,600.00 138.482.03 514,344.26 759,665.82 348,693.90 1,216.34 380.00 5,685.00 11,536.69 1,794.45 1,807.26 4,277.97 26,101.37 250.00 120.00 5,154.00 11,926.53 1,929.69 3,500.00 12,097.81 Kirton Enterprises, Inc. Profit & Loss January through December 2017 Jan - Dec 17 Insurance - Other 8,038.84 Total Insurance 20,136.65 Interest Expense 1,104.17 Medical 9,884.00 Miscellaneous 2,414.98 Office Supplies 4,303.19 Payroll Expenses 2,495.57 Payroll Expenses (office) Dental/Life Insurance 2,181.60 Officer's Salary 2,750.00 Payroll (office staff) 2,400,00 Payroll tax expense 56238 Total Payroll Expenses (office) 7,893.98 permit expense 1,955.63 Professional Fees Accounting 2,400.00 Architect Fees 21,659.33 Environmental Services 48038 Total Professional Fees 24.53 )9.71 Rent 596.40 Repairs Building Repairs 3,729.89 Equipment Repairs 4,966.53 Repairs - Other 1,307.18 Total Repairs 10,003.60 Travel & Ent Entertainment 1,807.68 Travel & Ent- Other 10,850.00 Total Travel & Ent 12,657.68 Utilities 2.474.49 write offs 1,200.00 Total Expense 152,137.98 Net Ordinary Income 196,455.92 Net Income 196,455.92 Page 2 of 2 See Accountant's Compilation Report Financial Statements. Kirton Enterprises, Inc. For the year ended December 31, 2018 with Report of Independent Certified Public Accountants Kirton Enterprises, Inc. Financial Statements Year ended December 31, 2018 Report of Independent Certified Public Accountants. . ............................................................. I Financial Statements BalanceSheet ...... ................... .......... .................................... 2 Statement of Income and Retained Earninas ............................................................................. 3 1� Statementof Cash Flows ............................................................................................................ 4 Notes to Financial Statements .................................................................................................... 5 Other Financial Information Schedule I - Contracts in Process ............................................................................................. 10 Financial Martion & %'` PL Certified Public Accountants & Business Advisors Report of Independent Certified Public Accountants The Board of Directors and Shareholder Kirton Enterprises, Inc. Port Orange. Florida 32128 We have reviewed the accompanying balance sheet of Kii-ton Enterprises, Inc. (a Florida S Corporation) as of December 31., 2018, and the related statements of income and retained earnings and cash flows for the year then ended. A review includes primarily applying analytical procedures to management's financial data and making inquiries of the Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly, we do not express such regarding an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in I accordance with accounting principles generally accepted in the United States of America and for designing. implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review in accordance with Statements on Standard for Accounting and Review Services issued by the American Institute of Certified Public Accountants. Those standards require us to perform procedures to obtain limited assurance that there are no material modifications that should be made to the financial statements. We believe that the result of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles generally accepted in the United States of America. Supplementary Information The supplementary information 'included in Schedule 1 is presented for purposes of additional analysis and is not a required part of the basic financial statements. The information is the representation of management. We have reviewed the 'information and, based on our review, we are not aware of any material modifications that should be made to the information in order for it to be in accordance with accounting principles generally accepted in the United States of America. We have not audited the information and, accordingly, do not express an opinion on such information. -Z, May 21. 2019 Phone: 386-252-6075 - Fax: 386-252-6128 101 S. Palmetto Ave, Suite 2 - Daytona Beach, FL 32114 Kirton Enterprises, Inc. Balance Sheet December 31, 2018 Assets Current assets: Cash and cash equivalents 113,399 Accounts receivable, net allowance of 3,000 255,926 Cost and estimated earnings in excess of billings on uncompleted contracts 20213 Security deposits 175 Total current assets 389,713 Property and equipment: Vehicles 44,135 Trade equipment 101,290 Office equipment 2,820 Start-up costs 79 Less: accumulated depreciation (128,180) Total property and equipment, net 20144 Total assets S 409,857 Liabilities and shareholder's equity Current liabilities: Payroll liabilities S 16,860 Current portion of long-term debt 5,569 Total current liabilities 22,429 Long-term debt, less current portion 1 5,340 Shareholder's equity: Common stock, $I par, 100 shares authorized, issued and outstanding 100 Additional paid in capital 10,061 Retained earnings 371,927 Total shareholder's equity 382,088 Total liabilities and shareholder's equity $ 409,857 See aCC0177paM177- notes and accountants' report. . 0 Kirton Enterprises, Inc. Statement of Income and Retained Earnings Year ended December 31, 2018 Contract revenues earned $ 2,408,467 Cost of revenues earned Materials 377,964 Subcontractors 1,585,546 Total cost of revenues earned: 1,963,510 Gross profit 444,957 General and administrative expenses: Advertising t, 1,013 Professional fees 33,872 Auto/truck 20,240 Depreciation 2,097 Insurance 5,894 Equipment rental 98,672 Licenses and pern-jits 32,683 Office 2,992 Other costs 11,628 Interest 897 Medical 10,639 Payroll expense 2,656 Travel 11,583 Payroll taxes 18,999 Rents 7,461 Bond 9,982 Repairs 5,634 Equipment expense 44,805 Utilities 6,833 Gifts 3,000 Total general and administrative expenses: 331,580 Net income 113,377 Retained earnings as of December 31, 1, 2017 270,760 Distributions for the year ended December 3 ) 1, 2018 12,210 Retained earninas as of December 31, 2018 371,927 See aeconzpan1°irrg notes and accountants' report. Kirton Enterprises, Inc. Statement of Cash Flows Year ended December 31, 2018 Operatino, activities I" Net mcoille Adjustments to reconcile net income to net cash provided by operating activities: Depreciation Changes in assets and liabilities: Contracts receivable Cost and estimated earnings in excess of billings on uncompleted contracts Accounts payable Total adjustments Net cash provided by operating activities Financing activities Distributions shareholder Net cash used in financing activities Net increase in cash and cash equivalents Cash and cash equivalents at beginning of year Cash and cash equivalents at end of period Supplemental disclosures of cash flow information Cash paid during the period for income taxes Cash paid during the period for interest $ 113,377 RM (185,636) 18,510 (163,342) (328,371) (214,994) (12,210) (12,210) (227,204) 340,603 113,399 897 See accompanying notes and accountants, report. . 0 4 Executed in 1 Counterpart SECTION 00420 KNOW ALL MEN BY THESE PRESENT, that we, the undersigned, (1) Kirton Enterprises, Inc. as Principal, and (2) The Gray Insurance Company as Surety, are hereby and firmly bound unto (3) _ City of Sanford, Florida as Owner, in the penal sum of (4) Ten Percent of Amount Bid--- -------------------------------- id------------------------------- Dollars ($ --------10%-------- ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. The condition of the above obligation is such that whereas the Principal has submitted to (3) City of Sanford, Florida a certain Bid for (5) Sanford RiverWalk Phase I - Irma Remediation (IFB 18/19-32) attached hereto and hereby made a part hereof. 1) Bidder 2) Surety 3) Owner 4) Amount of Bond as Required in the Instructions to Bidders 5) Name of Project as Shown in Invitation for Bids NOW, THEREFORE, A. If said Bidder shall be in rejected, or in the alternate, B. If said Bid shall be accepted and the Principal shall execute and deliver the Agreement (properly completed in accordance with the Bidding Documents), and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby give waive notice of any such extension. Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00420-1 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers. Signed and sealed this 13th day of June 2019 .................. A- ;T.r . .. . ......... By ( n'n&0`a`l-'Offi0r) Typed Name and Title w. vummammmuammm, FZ F" (CORPORATE -Al 3, 5 By Anita Navarra, Witness Typed Name and Title (SEAL) Inc. gnature of Officer) 11, 5me and Title 4606 S. Clyde Morris Blvd Ste 2-1 Address Port Orange, FL 32129 City, State, Zip The Gray Insurance Company Sur, By: Attorney -in -Fact Gloria A. Richards, Attorney -In -Fact & FL Licensed Resident Typed Name and Title Agent (407) 786-7770 PO Box 6202 Address Metairie, LA 70009-6202 City, State, Zip (504) 888-7790 Telephone No END OF SECTION Sanford RiverWalk Phase I - Irma Remediation May 10, 2019 00420-2 (504) 780-9211 Facsimile No. MICRO* nL THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY 8 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Susan L. Reich, Jeffrey W. Reich, Kim E. Niv, Teresa L. Durham, Cheryl Foley, Gloria A. Richards, Robert P. O'Linn, and Sarah K. O'Linn of Maitland, Florida jointly and severally on behalf of each of the Companies named above its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000.00 This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261h day of June, 2003. "RESOLV ED, that the President, Executive Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 1211' day of September, 2011. .. f s u R A h By: i��%�C� ��:�1.' •- /�f�J,'y Attest:''�,��� "" J�� �� H•y� _ _ M. / <= SEAL SEAL Michael T. Gray Mark S. Manguno �} �� • `' President, The Gray Insurance Company Secretary, and The Gray Insurance Company, �� •."*„. ” Vice President, The Gray Casualty & Surety Company The Gray Casualty & Surety Company State of Louisiana ss: Parish of Jefferson On this ITh day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. o`°gP - 1V Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Life I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this /J" day ofjt'�c �gU R y.Vc JP�'SY••«..sU rf••' ..'F, orf• ti.RFT f�= et � ?a a.i sc5 SEAL as SEAL Mark S. Mangum, Secretary The Gray Insurance Company y1 •. Ste' s�• �? The Gray Casualty &Surety Company