2298 PBA 19/20-79 Pool Liner Replacement - Larry Dale Aquatics CtrThe item(s) noted below is/are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Once completed, please:
Return originals to Purchasing- Department
❑ Return copies
El
Special Instructions Bonds to be recorded
L i,4� 13oa.&zi4eAl-
From
SliarePoint—Fitiatice—Purcliasin2—rorins - 2018.doc
Fj Mayor's signature
Recording
Date
Rendering
Safe keeping (Vault)
F-1
Deputy City Manager
F-1
Payment Bond
❑
City Manager Signature
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Date
SECTION 00520
PART1 GENERAL
1'01 THIS AGREE&QENT, made and entered into day of
by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida
82771, a municipal corporation of the State of Florida, holding tax exempt etatuo,
hereinafter referred to as the "CITY" (also referred to as ''{)VVNER^) and Oak Wells
Aquatics, Inc. , 8608 Beach Blvd. Jacksonville, FL 32216 hereinafter referred to as to
aathe ''C{]NTRACTC}R^ The CITY and the CONTRACTOR one collectively referred to
herein as the Parties.
1.02 The Owner and Contractor Agree as Follows:
A. The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Documents), Contractor's Bid. Notice to Proceed, the Bonds, the
General Conditions, the Supplementary Conditions, the Specifications listed in
the Index tOthe Project K8@Oua|, any technical specifications as incorporated by
the Project W1onue|; the [}nyvvingo as listed in the Project Manual, all Written
Amendmenta, Change Orders, Work Change Direcivee, Field Orders, Engineer's
written interpretations and clarifications issued on or after the Effective Date of
this Agreement, and all documents which are fully a part of the Contract with the
City are identified by title and number as set forth below and are available for
review at and downloading from the City's Web site (site in full) and all
documents are agreed to be incorporated into the Contract as if physically
attached to the Contract and are, fUrthe[, agreed to be incorporated into the
Contract as if fully set forth therein verbatim. The Contract Documents include:
1. Section 00410 Contractor's Bid.
2. Section OO420Bid Bond Form
3. Section OO432Non Collusion Affidavit
4. Section OO434Conflict ofInterest Affidavit
5. Section 0O438Florida Public Entities Crime Affidavit
8. Section O043OCompliance With the Public Records Law Affidavit
7. Section OO44OBidder Qualification Affidavit
8. Section 00442 Receipt of Exempt Public Records and Agreement to
Safeguard (Executed Form)
S. Section OU45OCert. Non -Segregated Facilities
10. Section 00452 Disputes Disclosure
11. Section 0O454Drug Free Workplace /#fid@vit
12. Section OO45OUnauthorized (|\|aga|)Alien Worker Affidavit
13. Section UO458E-VerifvCompliance Affidavit
14. Section OO4OOADA Affidavit
15. Section 00482 Financial Information (Executed Form) /|f Required by
QbA.
16. Section 0O5O5Notice ofIntent toAward
17, Section OO51ONotice ofAward
18. Section OO52OExecuted, Agreement Form.
19. The Project K8onuo|. Note the Index (starting on page number 00010-1 of
the Project Manual) includes all instruotionm, tarrne, general and
|FB191%0-79Pool Liner Replacement - Larry A.Dale Aquatic Center
supplemental conditions, bid documents, plans, prints and specifications
pertaining to the
20. Section 00525 Criminal Background Check Requirements- (Note: For
projects where this form is not required, it will be excluded from the forms
contained in the Project Manual and will not be a form required to be
executed bythe Bidder/Cuntractor.
21. Section OO53ONotice toProceed
22. Section OOOO5Performance Bond
23. Section 0001OPayment Bond
24. Section ODU15Material and Workmanship Bond
25. Section 0OO17Consent ofSurety toFinal Payment (Executed Form)
20. Section OO818Insurance Certifioate(e)
27. Section OO625Contractor's Application for Payment (Executed Forrns\.
28. Section 00826 Certificate of Substantial Completion
29. Section 00027 Certificate ofFinal Completion
30. Section 0004OContractor's Partial Release ofLien (Executed Forms)
31. Section 00641 Subcontractor's Final Release ofLien (Executed Forms)
32. Section OO844Subcontractor's Partial Release ofLien (Executed Forms)
33. Section OU045Contractor's Release ofLien (Executed Forms)
34. Section OOH40Project Fie|d{}nder/ExeoutedFonn\.
35. Section DQ845Work Directive Change (Executed Fonn).
36, Section OOS5OChange Order (ExecVted).
37. Addendum Receipt Acknowledgement Certification
38. Reference Form
39. Organization Information
40. Proposed Scheduled nfSubcontractors Participation
41. Additional dOCunYeDt(S) that are not specifically listed in Paragraph
1.02.A.1 through 1.02.A.38. but which are included in the Project Manual
and any additional documents agreed upon by the Parties shall be
included aeapart ofthe Contract.
These documents form the Contract and all are as fully a part of the Contract as
J attached to this Agreement or repeated herein. As the documents indicated
above are exeuuted, the date of final execution and initials of the individual who
received the executed dnCuOmgOt/s\ is to be added to the blank next tnthe listed
document(s) when processed and made m part of the City's DfMCiR| set of
Contract Documents.
B. Scope ofWork
The Contractor shall perform all work required by the Contract Documents for the
construction of the ' IFIB 19/20-79 Pool Liner Replacement- Larry A. Dale
Aquatic Center.
C. Contract Time
The Contractor shall begin work after the issuance ofawritten Notice to Proceed
from Owner and shall substantially complete the work within the Contract Time
identified in Paragraphs 1.02.C.5 of the Bid Fo[Dl' which is 180 calendar days.
The work shall be finally complete, ready for Final Payment in accordance with
RB 19/20-79 Pool Liner Replacement -LonyA.DmleAquatic Center
00520-2
the General Conditions, within 30 calendar days from the actual date of
substantial completion.
D. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Aonaamnerd and that OWNER will suffer financial |ooe if the Work is not
substantially complete within the time specified in Paragraph C eboxe, plus any
extensions thereof allowed in accordance with the General Conditions. They
also recognize the delays, expense and difficulties involved in proving in g legal
arbitration proceeding the actual |oon suffered by OWNER if the Work is not
substantially complete on time. Aoconding|y, instead of requiring any such pmoof.
OWNER and CONTRACTOR agree that gsliquidated damages for delay (but not
as a penalty) CONTRACTOR shall pay C)VVNEF| $ 1000.00 foreach calendar
day that expires after the time specified in Paragraph C for substantial
completion until the work is substantially complete. It is agreed that if this Work
is not Finally completed in accordance with the Contract Doounlanba. the
CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not
anpenalty, one-fourth (%)ofthe rate set forth above.
E, Contract Price
Unit Price Contract
The Owner will pay the Contractor in current funds for the performance of the
vVnrk, subject to additions and deductions by Change Order and subject to the
Measurement and Payment ProvisiOOS, and subject to actual constructed
quantities; the Total Contract prima of $30%2,71<0.00i
Payments will be made tothe Contractor on the basis of the Schedule of Unit
Prices included as a part of his Bid, which shall be as fully a part of the Contract
asifattached O[repeated herein.
F. City ofSanford Tax Recovery
The CONTRACTOR shall cooperate with the CITY in the implementation of the
C|TY'stax recovery program and. |othat end; the QTY may make purchases
directly under its purchase order processes relative to various materials, supplies
and equipment that may be part of the aen/ioma provided under this Agreement.
The CONTRACTOR hereby recognizes the right of the CITY to engage in tax
recovery/savings through direct purchases.
G. Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
H. Retainage
In accordance with the provisions of the State of Florida Local Government
Prompt Payment Act, the value ofeach application for payment shall beequal ho
the total value of the Work performed to date, less an amount retained, and less
|FB 19120-79Pool Liner Replacement-LanyA. Dale Aquatic Center
CITY OF
0 FINANCE DEPARTMENT
payments previously made and amounts withheld in accordance with the General
Conditions and Supplementary Conditions. Retainage for this project is 10Y6. to
beheld bvOwner 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 coet, retainage shall be
reduced |naccordance with State law.
i Engineer
J. Additional Terms and Conditions
The CONTRACTOR hereby warrants and represents to the CITY that Kis
competent and otherwise able to provide professional and high quo|hv
goods and/or services tothe CITY bvmeans ofemployees who are neat
inappearance and ofpolite demeanor.
2. All submissions submitted by the CONTRACTOR in theproposals/bid
submitted to the CITY are hereby incorporated herein to the extant not
inconsistent with the terms and conditions as set forth herein.
3. The CONTRACTOR acknowledges that the CITY may retain other goods
and/or service providers to provide the same goods and/or services for
CITY projects. TheC[)NTRACTOFl acknowledges that the CITY. at the
CITY'S option, may request proposals from the CONTRACTOR and the
other goods and/or service providers for CITY projects. The CITY
reserves the right to select which goods and/or services provider ohmU
provide goods and/or services for the C|TY'oprojects.
4. The CONTRACTOR agrees toprovide and ensure coordination between
gooda/aanvicaoorovidem.
5. Each podv hereto represents to the other that it has undertaken all
necessary actions to execute this Aone8OO8Dt, and that it has the legal
authority to enter into this Agreement and to undertake all obligations
imposed on it. The person(s) executing this Agreement for the
CONTRACTOR certify that he/she/they is/are authorized to bind the
CONTRACTOR fully tothe terms Ofthis Agreement.
O. The CONTRACTOR hereby guarantees the CITY that all materials,
supplies, services and equipment aelisted onoPurchase Order meet the
requinannants, specifications and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, from time to time
amended and inforce onthe date hereof.
7. It is agreed that nothing herein contained is intended or should be
construed as in any nl@DOer creating or establishing a relationship of co-
partners betweeO the parties, or as cVnSbtUUOg the CONTRACTOR
(inc|uding, but not limited to, its offioera, ennp|oyeee, and agents) the
agent, representative, oremployee ofthe CITY for any purpose, orinany
|FB19/2O-7$Pool Liner Replacement - Larry A^Dale Aquatic Center
manner, vvhatsogver. The CONTRACTOR is to be and shall remain
forever an independent contractor with respect to all services performed
under this Agreement.
D. Persons employed by the CONTRACTOR in the provision and
performance of the goods and/or services and functions pursuant to this
Agreement ehoU have no o|ainn to pension, workers' oornpenosd|on,
unemployment oompaneation, civil service or other employee rights or
privileges granted to the C|TY's officers and employees either by
operation Of law n[ by the CITY.
S. Noclaim for goods and/or services furnished by the CONTRACTOR not
specifically provided for herein shall be honored by the CITY.
10. Execution of this Aoramnland by the CONTRACTOR is a representation
that the CONTRACTOR iofamiliar with the goods and/or services to be
provided and/or performed and with local conditions. The
CONTRACTOR shall make nVclaim for additional time Ormoney based
upon its failure to comply with this Agreement. The CONTRACTOR has
informed the C|TY, and hereby represents to the C|TY, that it has
extensive experience in performing and providing the aen/icma and/or
goods described in this Agreement and that itiswell acquainted with the
components that are properly and customarily included within such
projects and the requirements of |awa, ondinonce, rules, regulations or
orders of any public authority or licensing entity having jurisdiction over
the CITY's Projects.
11. Quality, Professional Standards, and Security Requirements
a. Under this paragraph 11, the term/ employees"
shall include CONTRACTOR'S agenis, employees and
SUBCONTRACTORS extending hzSUBCONTRACTORS agents
and employees.
b. The CONTRACTOR shall be responsible for the professional
qu8|hv. accepted standards, technical accuracy, neatness of
appearance of ernp|oyeea, employee oonduot, aofetv, and the
coordination ofall services furnished bythe CONTRACTOR under
any Agreement resulting from this solicitation. The City reserves
the right to require all CONTRACTOR employees, when On City
property nrwork sites, to wear identification badges at all times
xvhich, at a nnininnurn, provides the name of the employee and the
CONTRACTOR.
C. The CITY reserves the right to require the CONTRACTOR to
provide to the CITY a list of employees working on the project.
Also, the list shall include employee working deya, times and
assignments within forty-eight /4E0 hours Of the C|TY'e written
request for such information. This information will be r8Vievved,
screened and verified by the C|T`/, prior to the ernp|nyaoe of the
CONTRACTOR entering the C(TY'a premises and/or work ai&so.
|FB19/20-7yPool Liner Replacemm*-Larry A. Dale Aquatic Center
d. The CONTRACTOR shall comply with Section 2-67ofthe Sanford
City Code as it relates to security screenings of private contractors
and mnnpioyeao of private contractors. The CONTRACTOR ohmU
cause each person found by the City Commission to be
functioning in a position critical tothe security and/or public safety
of the CITY by reason of ocoeau to any publicly owned or
operated facility to undergo the following inquiries and procedures
conducted by the City of Sanford:
1\ Fingerprinting in accordance with the C[TY's
procedures;
2) Submission of the fingerprintsUJthe Florida Department of
Law Enforcement for state ch[D|na| history evaluation; and
3\ Submission of the fingerprints to the Federal Bureau of
investigation for g national criminal history evaluation.
e. Such confidential information shall be Used by the CITY to
determine o person's eligibility to function in such critical
employment position(s)asdescribed. AddUUono|k/, the CITY may
request and the CONTRACTOR shall provide the narne, address
and social security nVnlbg[ and licenses (driver's, cono[O8nCia|
driven; license or CDL, orother operator's |io8Dse) for employees
of the CONTRACTOR and/or SUBCONTRACTORS that may
work on the {}|TY'o premises in positions found by the Qty
Commission to be critical to the security and/or public safety ofthe
CITY by [88S0D of access to any publicly OVVOed or operated
facility. The CONTRACTOR shall release such information upon
approval of the affected employees. If an employee refuses to
authorize the release of their addnaea, social security number
and/or licenses they shall not be allowed to work orcontinue to
work insuch critical positions.
The CONTRACTOR shall work closely with the CITY on all
aspects of the provision of the goods and/or services. With
respect to services` the CONTRACTOR shall be responsible for
the professional qua|ib/, technical anouracy, oonnpetence,
nnethodo|ogy, accuracy and the coordination of all ofthe following
which are listed for illustration purposes and not as a limitation:
documents, @nG|ysis, reports, data, p|ans, p|ats, maps, sVrveys,
apeoifiomtiona, and any and all other oen/iome ofwhatever type or
nature furnished by the CONTRACTOR under this AopearnenL
The CONTRACTOR oha||, without additional oornpenaaUon,
correct or revise any ern}cS or deficiencies in his/her/its p|aDS,
ana|yais, data, nspode, deeigna, draxvinge, speoh5oatione, and any
and all other oon/ioea of whatever type or nature. The
CONTRACT(]R'e submissions in vaapnnee to the subject bid or
procurement processes are incorporated herein by this reference
thereto.
|FB19/2U-7gPool Liner Replacement - Larry A.Dale Aquatic Center
mR
FORD
FINANCE DEPARTMENT
12. Neither the C|TY^s review, approval or acceptance of, nor payment for,
any of the goods and/or aan/ioaa required aho{| be construed to operate
oemwaiver ofany rights under this Agreement orofany cause ofaction
arising out ofthe performance ofthis Agreement and the CONTRACTOR
shall be and remain liable to the CITY in accordance with applicable |avv
for all damages to the CITY caused by the CONTRACTOR negligent or
improper performance or failure to perform any of the goods end/or
services furnished under this Agreement.
13. The rights and nernadi*a of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
14. Time is of the essence in the performance of all goods and/Or services
provided bvthe CONTRACTOR under the terms Ofthis Agreement.
15. {nvuicea, which are in an acceptable form to the CITY and without
disputable items, which are received bvthe CITY, will be processed for
payment within thirty (30) days of receipt by the CITY.
16. The CONTRACTOR will be notified of any disputable items contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of
receipt by the CITY with an explanation of the deficiencies.
17. The CIT`/ and the CONTRACTOR will nnohe every effort to resolve all
disputable items contained inthe C{]NTRACTOR'ainvoices.
18. Each invoice shall reference this Aoxe8nlenL the appropriate billing
19. The Florida Prompt Payment Act shall apply when applicable. A billing
period represents the dates in which the CONTRACTOR completed
goods and/or services referenced inoninvoice.
20, Invoices are to be forwarded directly the City's designated CEI
Pepresentadv8, as identifed at the precnnstruCtioO Oleeting, for review and
processing.
21. CITY designates the City Manager or his/her designated representative,
to represent the CITY in all matters pertaining to and arising from the
work and the performance of this Agreement.
22. The City ManaQer, or his/her designated representative, shall have the
following responsibilities:
a. Examination of all work and rendernQ, in vvriting, decisions
indicating the C|TY's approval or disapproval within a reasonable
time 000anot tomaterially delay the work ofthe CONTRACTOR;
b. Transmission Of instructions, receipt of iOfornngtiVO, and
interpretation and definition ofC|TY's policies and decisions with
respect to deo|gn, nnu0eria|m, and other nnottena pertinent to the
work covered bythis Agreement;
RB1912O-79 PoolLinerReplacement-Lorry A. Dale Aquatic Center
C. Giving prompt written notice to the CONTRACTOR whenever the
CITY official representative knows of a defect or change
necessary inthe project; ond
d. Coordinating and managing tbeCONTRACTOR's preparation of
any necessary applications LVgovernmental bodies, to arrange 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 1788
Sanford, Florida 32772
24. CITY may terminate this Agreement for convenience at any time or for
any one (1) or more of the reasons as follows:
a. If, in the C[TY's opinion, adequate progress is not bang made by
the CONTRACTOR due to the CONTRACTOR 'e failure to
perform; or
b. If, in the C|TY'a OpiOiOD` the quality of the goods and/or services
provided by the CONTRACTOR is/are not in conformance with
commonly accepted professional atandonds, standards of the
C|TY, and the requirements of Federal and/or State regulatory
agencies, and the CONTRACTOR has not corrected such
deficiencies in atime|y manner as reasonably determined by the
CITY; or
C. The CDNTRACTOR, 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 YvO[k
that has been performed bythe CONTRACTOR; nr
d. The CONTRACTOR beoornae involved in either voluntary or
involuntary bankruptcy prooeadings, or makes on assignment for
the benefit of creditors; or
8. The CONTRACTOR violates the Standards ofConduct provisions
herein or any provision of Federal, State or |one| |ovv or any
provision ofthe C|TY'aCode ofConduct.
25. In the event of any of the C@UseS of termination, the C|TY's designated
representative may send o certified letter to the CONTRACTOR
requesting that the CONTRACTOR show cause why the Agreement
should not be terminated. If assurance satisfactory to the CITY of
corrective measures to be made within a reasonable time is not given to
the CITY within seven /7\calendar days ufthe 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 is terminated for cause and it is later
determined that the cause does not exist then this Agreement or the
PurchaseMork Order shall be deemed terminated for convenience by the
|FB1g/20-79 Pool LinoReplacemmnt-LenyA. Dale Aquatic Center
CITY OF
0 FINANCE DEPARTMENT
CITY and the CITY mh8U have the rightto sVterminate this Agreement
without any recourse by the CONTRACTOR.
27. The CONTRACTOR may terminate this Agreement only if the CITY fails
tOpay the CONTRACTOR iOaccordance with this Agreement.
28. Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Agreement in its entirely
without cause, if such termination is deemed by the CITY to be in the
public intereSt, in writing of deficiencies Or default in the performance of
its duties under the Agreement and the CONTRACTOR shall have ten
(10) days to correct oarna or to requaet, in vvr|ting, e hearing. Failure of
the CONTRACTOR to remedy said specified items Of deficiency Or
default in the notice by either the QTY's designated representative within
ten (10) days of receipt of such notice of such decisions, shall result in the
termination of the Aopeennent, and the CITY shall be relieved of any and
all responsibilities and liabilities under the terms and provisions of the
Agreement.
20. The CITY shall have the rightbz terminate this Agreement without cause
with asixty (60)day written notice to the other party. The CITY reserves
the right to terminate any Aormerngrd for cause with a five (5) day written
notice t0the CONTRACTOR. Notice shall be served to the parties as
specified inthe Agreement.
30. In the event that this Agreement h;terminated, the CITY shall identify any
specific work tobe continued tocompletion pursuant b)the provisions of
this Agreement.
31. In the event that after the CITY termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement diSfound
that the CONTRACTOR has not so fei|ed, the termination shall be
deemed tohave been for convenience and without cause.
32. In the event this Agreement is terminated Or canceled prior to final
completion without cause, payment for the unpaid portion of the services
provided by the CONTRACTOR to the date of termination and any
additional services shall bapaid tothe CONTRACTOR.
33. Upon receipt nfnotice Oftermination, given bveither party, the terminated
party shall promptly discontinue the provisionofmUmoodaand/oraenicea`
unless the notice provides otherwise.
34. The performance or provision of the CONTRACTOR's goods and/or
services under this Agreement may be suspended by the CITY at any
35. In the event the (}[TY suspends the performance or provision of the
CONTRACTOR services hereunder, the CITY shall so notify the
CONTRACTOR in w«iting, such suspension becoming effective within
seven (7) days from the data of nnoi||nQ, and the CITY shall pay to the
|FB19/20-7uPool Liner Replacement - Larry A.Dale Aquatic Center
CITY OF
FINANCE DEPARTMENT
CONTRACTOR within dlNv 00 days all compensation which has
become due tnand payable tothe CONTRACTOR tothe effective date nf
such suspension. The CITY shall thereafter have nofurther obligation fur
payment to the CONTRACTOR for the suspended provision of goods
and/or services unless and until the C|TY's designated representative
notifies the CONTRACTOR in writing that the provision of the goods
and/or services of the CONTRACTOR called for hereunder are to be
resumed bythe CONTRACTOR.
36. Upon receipt of written notice from the CITY that the CONTRACTOR's
provision of goods and/or services hereunder one to be resumed, the
CONTRACTOR shall continue to provide the services to the CITY.
37. The CONTRACTOR agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement
because of naoe, unior, na|igion, eax, oge, national origin or disability and
will take affirmative steps to ensure that applicants are employed and
employees are treated during eolp|OyDleni without regard to race, Cn|or'
religion, aax, age, naUonal origin or disability. This provision shall inc|ude,
but not be limited to, the following: enop|oyrnent, upgnading, demotion or
transfer; recruitment advertising; layoff ortermination; rates of pay or their
forms or compensation; and selection for training, iOdVdiO0
apprenticeship. The CONTRACTOR, nnOPg0xer, shall comply with all the
requirements as imposed by the Americans with Disability /\ot, the
regulations ofthe Federal government issued thereunder, and any and all
requirements of Federal or State |8Vv related thereto.
38. Indemnity and Insurance
o. To the fullest extent permitted by |avv the CONTRACTOR ahoU
iOdemnify, hold harmless and defend the CITY, its agerts,
aervonts, officens, officials and ernpioyeas, or any of thom, from
and against any and all claims, damages, |osoeo, and expenses
ino|udinQ, but not limited to, attorney's fees and other legal costs
such as those for paralegal, investigative, and legal support
sen/ices. and the actual costs incurred for expert vvitn8GS
teotinmony, arising out of or resulting from the performance or
provision of services required under this Aoreernent, provided that
same is caused in whole or in part by the error, ornissiun.
negligent aCt, failure to act, breach of contract ob|iQatiom,
noe|feaeonce, officern, offic|a|o, emnpioyaee, or
aubCONTRACT[>Ra. Additionally, the CONTRACTOR accepts
responsibility for all dernogea resulting in any way related to the
performance of work. In no event, shall either party be
responsible or liable to the other for any inoidenta|, conoequentia|,
or indirect damages, whether arising by contract or tort.
b. In accordance with Section 725.06. Florida StatVtes, adequate
consideration has been provided to the CONTRACTOR for this
obligation, the receipt and sufficiency of which is hereby
specifically acknowledged.
lFB 19120-79 Pool Liner Roplacement-LanyA.CaleAquatiuConter
g052Q-1Q
CITY OF
0 FINANCE DEPARTMENT
Nothing herein ohmU be deemed to affect the rights, privileges, and
immunities of the CITY as net forth in Section 788.28. Florida
d. In otomno against any person or enthv, indemnification under this
Section bvmnemployee ofthe CONTRACTOR orits agents or
eub{}C)NTRACTORa, anyone directly or indirectly employed by
ihg0 OF anyone for whose acts they may be liable, the
indemnification obligation under this Section shall not belimited by
a limitation on amount or b/pa of damagee, oompensction, or
benefits payable by or for the CONTRACTOR or its agents or
subC{]NTRACF{JRs. under VVorhg:] C0rnpens8UOD aCts,
disability benefits acts, orother employee benefit acts.
m. The execution of this Agreement by the CONTRACTOR shall
obligate the CONTRACTOR to comply with the indemnification
provision of this Agreement; provided, hnvv8Ver. that the
CONTRACTOR must also comply with the provisions of this
Agreement relating toinsurance coverage.
The CONTRACTOR shall submit g report to the CITY within
twenty-four (24) hours of the date of any incident resulting in
damage or vvh|uh is reasonably likely to result in a claim of
damage.
39. The CONTRACTOR shall obtain or possess and continuously maintain
the insurance coverage as set forth and required in the bid documents.
40. All insurance other than Workers Compensation and Professional Liability
that must be maintained by the CONTRACTOR shall specifically include
the CITY oaonadditional insured.
41. The CONTRACTOR ohe|| provide Certificates of Insurance to the CITY
evidencing that all such insurance kaiDeffect priortnthe issuance of the
first Purchase/Work Order under this Agreement from the CITY. These
Certificates of Insurance ohoU become part of this Agreement. Neither
approval bythe CITY nor failure todisapprove the insurance furnished bv
@ CONTRACTOR shall relieve the CONTRACTOR Of the
C|NTRAOT{]Fl`s full responsibility for performance of any obligation
including the C{]NTRACT[>R'u indemnification of the CITY under this
Agreement. If, during the period which an insurance company is
providing the insurance coverage required by this Agnamnoant an
insurance company shall: (1) lose its Certificate ofAuthority, (2)nOlonger
comply with Section 440.57. Florida Statutes, or /3\ fail to maintain the
requisite Best's Rating and Financial Size Category, the CONTRACTOR
oha||, as soon as the CONTRACTOR has knowledge of any such
circumstance, immediately notify the CITY and immediately replace the
insurance coverage provided by the insurance company with @ different
insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer
117131g/20-7gPool LinerReplauemont-LorryA-DoleAquotic Center
with insurance acceptable to the QTY, the CONTRACTOR shall be
deemed tobeindefault ofthis Agreement.
42. The insurance coverage shall contain m provision that requires that prior
tVany changes iOthe coverage, except increases iVaggregate coverage,
thirty (30) days prior notice will be given to the CITY by submission of o
new Certificate ofInsurance.
43. The CONTRACTOR shall furnish Certificates of Insurance directly to the
CITY'S Designated Representative. The certificates shall clearly indicate
that the CONTRACTOR has obtained insurance of the type, amount and
o|oonifioekion required bythis Agreement.
44. Nothing in this Agreement or any action relating to this Agreement 5h@U
be construed as the C!TY'o waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
45. The CITY shall not be obligated or liable Under the terms Of this
Agreement to any party other than the CONTRACTOR. There are no
third party beneficiaries tothis Agreement.
4G. The CONTRACTOR is an independent contractor and not an agent,
nepres8ntative, or employee of the CITY. The CITY shall have no liability
except as specifically provided in this Agreement.
47. All insurance shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the CITY.
48. The CONTRACTOR warrants that ithas not employed orretained any
company orperson, other than abona fide employee working solely for
the CON-[RACT0R. to solicit or secure this Agreement and that the
CONTRACTOR has not paid or agreed to pay any pereon, cunupony,
corponabon, individual or firm other than a bona fide employee working
solely for the CONTRACT[)R, any fee, commission, percentage, 0ift, or
any other consideration, contingent upon or resulting from the aVv8nj of
making this Agreement.
49. The CONTRACTOR aho|| not discriminate on the grounds of rooe, ookor,
religion, sex, or RaUnng| origin in the performance of work under this
Agreement o[violate any laws pertainingtOcivil rights,eqVai protection or
50. The CONTRACTOR hereby certifies that no undisclosed Un
conflict of interest exists with respect to the Aoree[OeOt, including, but not
Urnibad to, any conflicts that may be due to representation ofother clients,
customers or vmndeeo, other contractual n*|oUonehipa of the
CONTRACTOR, orany interest inproperty that the CONTRACTOR may
have. The CONTRACTOR further certifies that any conflict of interest
that arises during the term of this Agreement shall be immediately
disclosed in writing to the CITY. Violation of this Section ohoU be
considered as justification for immediate termination of this Agreement.
|FB1S12V-79Pool UmerRaplacement-Lany»^DaleAquatic Center
51. The CONTRACTOR shall ensure that all taxes due from the
CONTRACTOR are paid in otimely and complete manner including, but
not limited to, occupational license tax.
52. If the CITY d«tgnninae 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 Dnbfv the
C[}NTRACTOR, in writing. The CONTRACTOR shall immediately
remove such employee or representative of the CONTRACTOR from
such assignment.
53. The CONTRACTOR shall not publish any documents Or release
information regarding this Agreement tothe media without prior approval
ofthe CITY.
54. The CONTRACTOR shall certify. VpOU request by the CITY, that the
CONTRACTOR maintains a drug free vvorhp|oca policy in accordance
with Section 287.0878. Florida Statutes. Failure to submit this
certification may result intermination.
55. If the CONTRACTOR 0ranaffiliate kSplaced onthe convicted vendor list
following o conviction for e public entity crime, such action may result in
termination by the CITY. The CONTRACTOR shall provide a certification
of compliance regarding the public crime RaqVinenneOtS set forth in State
law upon request bythe CITY.
56. The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses toallow public access toall documents, papers,
letters, or other materials subject to provisions of Chapter //9. Florida
Statutes, and other applicable |ovv, and made or received by the
CONTRACTOR in conjunction, in any way, with this Agreement.
57. The CONTRACTOR shall comply with the requirements Vfthe Ame»/c8ns
with Disabilities Act k\DA\, and any and all related Federal Or State !avVS
which prohibits discrimination by public and private entities onthe basis of
58. The CITY will not in[eDhoOa|k/ award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien wmrkem,
constituting a violation of the en1p|qynnert provisions contained in 8
U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and
Nationally Act (INA). The CITY shall consider the employment by the
CONTRACTOR of unauthorized m|ieno, e violation of Section 274A(e) of
the INA. Such violation by the CONTRACTOR of the employment
provisions contained in Section 274A(e) of the 0\A shall be grounds for
immediate termination ofthis Agreement bvthe CITY.
59. The CONTRACTOR agrees to comply with Federal, 8tate, and loco
environmental, health, and safety laws and regulations applicable to the
11713 19120-79 PoolLinerReplacemunt-LonyA. Dale Aquatic Center
O062Q-13
goods and/or services provided kJthe CITY. The CONTRACTORag[eeS
that any program or initiative involving the work that could adversely
affect any personnel involved, citizeno, residente, uaere, neighbors or the
surrounding environment will ensure compliance with any and all
employment safety, environmental and health laws.
80. The CONTRACTOR shall ensure that all goods and/or services are
provided to the CITY after the CONTRACTOR has obtoined, at its sole
and exclusive exp8Ose, any and all permits, |icenseg, peOniSsiOns,
approvals orsimilar consents.
61. If applicable, in accordance with Section 218.347, Florida Stsbdea. the
CONTRACTOR shall not use funds provided bvthis Agreement for the
purpose Oflobbying the Legi5|3tUFe, the judicial branch orState agency.
02. The CONTRACTOR shall advise the CITY in writing ofitwho has been
placed on a discriminatory vendor list, may not submit 8 bid on a contract
to provide goods or Services to a public entity, or may not transact
business with any public entity.
63, The CONTRACTOR shall not engage in any action that would create
conflict Of interest in the performance of that actions Of any CITY
employee or other person during the course of pedbnnenms of, or
otherwise related to. this Agreement or which would violate or cause
others to violate the provisions of Part |||. Chapter 112, Florida 8b*bub*a.
relating 10ethics iDgovernment.
64. The CONTRACTOR shall maintain booka, renorde, 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.
85. The CONTRACTOR ahoU maintain and allow ooneae to the records
required under this Section for o [O|DirOuRl period of five 83 years after
the completion of the provision or performance goods and/or services
under this Agreement and date of final payment for said goods and/or
services, ordate oftermination ofthis Agreement.
06. The CITY may perform, or cause to have performed, an audit of the
records of the CONTRACTOR before or after final payment to support
final payment under any Purchase/Work Order issued hereunder. This
audit shall be performed at a time mutually agreeable to the
CONTRACTOR and the CITY subsequent to the C|Oge of the final fiscal
period in which goods and/or services are provided or performed. Total
compensation to the CONTRACTOR may be determined subsequent to
an audit as provided for inthis Sootiun, and the total compensation en
determined shall be used to calculate final payment to the
CONTRACTOR. Conduct of this audit shall not delay final payment as
required by this Section.
1FB19/20-79 PoolUnerReplacemeu-LarryA.DaleAquatic Center
mnm
FORD
FINANCE DEPARTMENT
67. In addition to the above, if Federal, State, County, Or other entity funds
are used for any goods and/or oen/ioea under this Agreement, the
Comptroller General of the United States or the Chief Financial Officer of
the State of Florida, or the County of SenoiOO|e, or any representatives,
shall have access to any bOoks, doCVments, papers. and records of the
CONTRACTOR which are directly pertinent to goods and/or services
provided or performed under this Agreement for purposes of making
audit, exernination, excerpts, and transcriptions.
68. In the event of any audit or inspection conducted reveals any
overpayment by the QTY under the terms of the Agreement, the
CONTRACTOR ahgU refund such overpayment tothe CITY within thirty
(3O) days Ofnotice bvthe CITY Ofthe request for the refund.
08. The CONTRACTOR ogn*ea to fully comply with all State laws na|uUnQ to
public records.
70. The C(JN7-F{ACT(}R agrees that if any |ibgaUon, daiFn, or audit is started
before the expiration of the record retention period established above, the
records ehoU be retained until all |itiQedion, claims or audit findings
involving the records have been resolved and final action taken.
71. The CONTRACTOR shall not eub|ed, assign or transfer any interest in this
Agreenoent, or u|ainno for the money due or to become due mut of this
Agreement to a bank, trust connpany, or other financial institution without
written CITY approval. When approved by the CITY, written notice Of
such assignment Ortransfer shall befurnished promptly bJthe CITY.
72. Any CONTRACTOR proposed subcontractors nho|| be submitted tothe
CITY for written approval prior to the CONTRACTOR entering into a
subcontract. Subcontractor information shall indude, but not b8limited
to, State registrations, business address, occupational license tax proof of
payment, and insurance certifications.
73. The CONTRACTOR shall coordinate the provision Of goods and/or
services and work product of any CITY approved aubcontraotons, and
remain fully responsible for such goods and/or services and work under
the terms ofthis Agreement.
74. Any subcontract shall beinwriting and shall incorporate this Agreement
and require the subcontractor to assume performance of the
CONTRACTDR'm duties commensurately with the CONTRACTOR'e
duties to the CITY under this Agreement, it being understood that nothing
herein shall in any way relieve the CONTRACTOR from any of its duties
under this Agreement. The CONTRACTOR ahoU provide the CITY with
executed copies ufall subcontracts.
75. The CONTRACTOR shall reasonably cooperate at all times with the
CITY and other CITY contractors and professionals.
70. This Agreement istnbe governed by the laws ofthe State ofFlorida.
UFB1913n-7WPool UnerReplacummt-LorryA.DaleAquotioConter
77. Venue for any legal proceedingrelated to this Agreement shall be in the
Eighteenth Judicial Circuit Court inand for Seminole County, Florida.
78. This Agreement is the result Of bona fide aODS length neQob8doUS
between the CITY and the CONTRACTOR and all parties have
contributed substantially and materially to the preparation of the Contract.
Acconding|y, this Agreement shall not be construed or interpreted more
strictly against any one party than against any other party.
79. Neither party ahoU be considered in default in performance of its
obligations hereunder to the extent that performance of such obligations,
or any of them, is delayed or prevented by Force Majeure. Force Majeure
shall include, but not be |irniUad to, hostility, terrorism, [evo|UUon, civil
connrnution, strike, epidemic, fire, flood, wind, earthquake, explosion, any
|avv, proc|onnmbnn, regu|ot|on, or ordinance or other act of government, or
any act of God or any cause whether of the same or different nature.
existing or future; provided that the cause whether or not enumerated in
this Section is beyond the control and without the fault or negligence of
the party seeking relief under this Section.
80. This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the CITY and the CONTRACTOR and
supersedes all prior written or oral understandings in connection
therewith. This Agreement, and all the terms and provisions contained
heneiO, including without limitation the exhibits hereto, constitute the full
and complete agreement between the parties hereto to the date hepeof,
and supersedes and controls over any and all prior agreements,
understandinQa, pepreaentadnno, correspondence and statements
whether written or oral.
81. This Agreement may only beamended, supplemented ormodified byo
formal written amendment.
82. Any ake[ations, amendments, deletions, Or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly
signed by the parties.
83. Written notice requirements of this Agreement shall be strictly construed
and such requirements are a oondNMOD precedent to pursuing any rights
or remedies hereunder. The CONTRACTOR mgnaao not to claim any
waiver by CITY of such notice requirements based upon CITY having
actual knovv|edQe, implied, verbal or constructive notice. lack ofprejudice
orany other grounds as a substitute for the failure ofthe CONTRACTOR
to comply with the express written notice requirements herein. Computer
notification (e-mails and nnaoaege boards) shall not constitute proper
written notice under the terms ofthe Agreement.
84. The failure of the CITY to insist in any instance upon the strict
performance of any provision of this Agreement, or to exercise any right
or privilege granted to the CITY hereunder shall not constitute or be
|FB19120-79 Pool LinerQeplacement-Larry A. Dale Aquatic Center
CITY OF
FINANCE DEPARTMENT
construed as awaiver ofany Such provision or rightand the g@nl8 shall
continue in force.
85. In no event shall any obligation of the CIT`/ under this Agreement be or
constitute aQenera| obligation or indebtedness of the CITY, a pledge of
the ad va/on*nn taxing power of the CITY or a general obligation or
indebtedness of the CITY within the meaning of the Constitution of the
State ofFlorida or any other applicable |mws, but shall be payable solely
from legally available revenues and funds.
86. The CONTRACTOR shall not have the right tocompel the exercise ofthe
advalorem taxing power ofthe CITY.
87. Each exhibit referred to and attached to this Agreement is8Oessential
port of this Agreement. The exhibits and any amendments or revisions
thereto, even if not physically attached horeto, 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. |inlit, 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 ShgU, to
any extent, be held invalid or unanfoncaable, the remainder of this
Aoneernend, or the application of such tenn, provision or condition to
persons or circumstances other than those in respect of which it is invalid
or unenforceable, shall not be affected thereby, and each term, provision
and condition of this Agreement ohoU be valid and enforceable to the
fullest extent permitted by law when consistent with equity and the public
interest.
SO. All provisionsofthis Agreement shall beread and applied inpara materia
with all other provisions hereof.
01. In the event of a dispute related to any performance or payment
obligation arising under this Agreement, the parties agree to exhaust any
alternative dispute resolution procedures reasonably imposed by the
CITY prior tnfiling suit or otherwise pursuing legal remedies.
92. The CONTRACTOR agrees that it will file no suit or otherwise pursue
legal remedies based onfacts orevidentiary materials that were not
presented for consideration to the CITY in alternative dispute resolution
procedures or which the CONTRACTOR had knowledge and failed to
present during the CITY procedures.
93. In the event that CITY procedures are exhausted and m suit is filed or
legal remedies are otherwise pumued, the parties ehoU exercise best
efforts to resolve disputes through voluntary mediation. Mediator
selection and the procedures to be employed in voluntary mediation shall
be mutually acceptable to the parties. Coote of voluntary mediation oho||
beshared equally among the parties participating iothe mediation.
|FB19120-79Pool Liner Replacement -Larry A. Dale Aquatic Center
ru
DEPARTMENTCITY OFFINANCE
94. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
95. Mandatory Compliance with Chapter 119, Florida Statutes, and Public
Records Request. In order to comply with Section 119.0701, Florida
Statutes, public records law, the Contractor must:
1. Keep and maintain public records that ordinarily and necessarily
would be required by the City in order to perform service.
2. Provide the public with access to public records in the same terms
and conditions that the CITY would provide the records and at a
cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
3. Ensure that public records that we exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by laws.
4. Meet all requirements for retaining public records and transfer, at
no cost, to the CITY all public records in possession of the
CONTRACTOR upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records
stored electronically be provided to the City in a format that is
compatible with the information technology systems of the CITY.
5. If the CONTRACTOR does not comply with a public records
request, the CITY shall enforce the contract provision in
accordance with this Agreement.
6. Failure by the CONTRACTOR to grant such public access and
comply with public records request shall be grounds for immediate
unilateral cancellation of this Agreement by the CITY, the
CONTRACTOR shall promptly provide the CITY with a copy of
any request to inspect or copy public records in possession of the
CONTRACTOR and shall promptly provide the CITY with a copy
of the CONTRACTOR's response to each such request.
7. The CONTRACTOR shall not the following
IF THE CONTRACTOR/VENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S
(VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD,
CITY HALL, 300 NORTH PARK AVENUE, SANFORD,
FLORIDA 32771, H UC11 "1" F FLM
(Agreement Execution page follows)
IFB 19120-79 Pool Liner Replacement — Larry A. Dale Aquatic Center
00520-18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
— Oak Wells
-A uatics. Inc
�
Name of Firm
�gnatur' Date
Ryan Wells, President
ATTEST:
By (SWnature)
Date
John Oak,
Vice President
Art Woodruff, Mayor
Printed Name and Title
ATTEST'
&�q�w(�KA'Ak) la.IL4 ac
By (Signature) Date
Traci Houch,in, City Clerk
Printed Name and Title
Approved as to form and
Date
ffg�r �► �01
IFB 19/20-79 Pool Liner Replacement— Larry A. Dale Aquatic Center
00520-19
z
(SEAL)
SECTION 00610
NOTICE OF AWARD FORM
TO: Oak WellLAguatics, Inc
NAME OF PROJECT: IFB 19/20-79 Pool. Liner Replacement
Larry A. Dale Aguatic Center
The OWNER has considered the BID submitted bvyou dated for the
above described WORK in response to the Invitation' for
'
You are hereby notified that your BID has been accepted for BID items in the amount of
1302,710.
You are required by the Instructions to Bidder to execute the Agreement and furnish the
required CONTRACTOR'S Performance 8ond, Payment Bond and certificates of insurance
within fourteen (14) calendar days from the date of this Notice to -` you If you fail to execute said
Agreement and tofurnish said Bonds and insunannei�hi fourteen
said OWNER will be entitled ( »« n « en (14) calendar days from
receipt of this Notioe
DVVNER'o — of ��D as abandoned� o consider all your rights arising out of the
acceptance and as o forfeiture of your BID BOND. The
OWNER will beentitled tosuch other rights aomay hegranted bvlaw.
You are required breturn anacknowledged copy of this NOTICE OFAWARD to the OWNER.
Dated this. 20th day of.... November 2020 .
DVVNEFL City of Sanford
(Name of OWNER)
By (Signature)
Tom George
(Printed Name and Title)
ACCEPTANCE OF NOTICE
Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by
Oak Wells Aquatics �'�
—this" ~ day of 2020 .
Printed Name and Title
END {}FSECTION
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
GRANT
CLERK OF CIRCUIT COURT & COMPTROLLER
~..~~2.2014874' B=v'voPage: n(mPgs)
mEc:12/23/2O2O 1:55:57 PM byhdevune
RECORDING FEES $69.50
Bond#OFB54273l2
Oak Wells Aquatics, Inc.
(Name OfCONTRACTOR)
86O8Beach Blvd,Jacksonville, FL 32216
(Address VfCONTRACTOR)
a Florida Corporation . hereinafter called
(Cnrpnrotinn. Partnership orIndividual)
t �
Principal, and Old Republic Surety Company
.
(Name of Surety)
3452Lake Lynda Drive, Building l0U,Suite 390,Orlando, FL 32817
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto the City of Sanford
hereinafter called OWNER, inthe full and just Sum nf Three hundred two thousand seven hundred ten
and 00/100 DOLLARS in |avWu| money Of the
United St3teS, for the payment Of which sum well and truly to be nomde, we bind murse|vea,
successors, and assigns, jointlyand oevera||y, firmly by these presents. The eunn nho|| not be
less than one hundred ten percent (11O96)ofthe Contract Price.
THE CONDITION (}FTHIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the _29tbday of November
2020 ocopy ofwhich iahereto attached and made opart hereof fo the t nti n of
Pool Liner Replacement - Larry A. Dale Aquatic Cen er Im " 41 )'5Q -':Z!!�
V Name ofOwner
2) Name mProject identified mInstructions to Bidders
This bond is being entered into to satisfy the requirements of Section 255.05. Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound bvany and all alternative dispute resolution awards and settlements
tothe same extent onCONTRACTOR isbound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
Promptly and faithfully performs its duties, all the oovenontn, terms, conditions,
and agreements of said Aoraanl8nt including, but not limited to the insurance
p[ovisions, guaranty period and the warranty provieiDUS, in the time and [DaODe[
prescribed inthe Agreement, and
IFI318/20-7gPool Liner Replacement
A INC
.41, FINANCE DEPARTMENT
2. Povo OWNER all kzaaae, denlages, delay damages (liquidated or actual),
8xpenoes, costo and attorneys' faeo, including costs and fees on
appeal that OWNER sustains resulting directly or indirectly from any breach Or
default by Principal under the Agreement, and
3. Satisfies all doirns and demands incurred under the Aoreemert, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do au, then this bond is void; otherwise it shall
remain |nfull force and effect.
The oUVer8gg of this PerhoUD8On* Bond is co -equal with each and every obligation Of
the Principal under the above referenced Agreement and the Contract Documents ofwhich the
Agreement is a part.
In the event that the Principal ohe|| fail to perform any Cfthe terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss ordamage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all |000,
dornage, cost and expenoe, including reasonable attorneys' fooa and costs for all trial and
appellate prooeedin@o, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection Sh8U SVn/iv8 the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's wmrk
under the Agreement under the Bond. The following shall not beconsidered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's nffeno to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as o material breach of the Bond and
bad faith bythe Surety. The Surety agrees that its obligation under the bond imto: (i)take over
performance of the Principal's VVV[k and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii) re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
SUFeb/ aohDOVv|8dgea that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived byOWNER.
The 8uretv, for value FeCeivpd, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon (]VVNER's
pursuit of its remedies against Phncipo|, shall remain in full furca and afhant notwithstanding /i\
amendments ormodifications tothe Agreement entered into byOWNER and Principal without
the 8unatv'm knowledge or consent (ii) vvaiwena ofcompliance with or nay default under the
Agreement granted by (]\&/NEFl to Principal without the Surety's knowledge or CODseDt. Or (iii)
the discharge of Principal from its obligations under the Agreement as 8 result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
IFB18/2o-79Pool Liner Replacement
CITY OF
Ski4FORD
FINANCE DEPARTMENT
similar state or federal |aw, or any limitation of the Uebi|hv or Principal or its estate as a result of
any such proceeding.
Any dl8Dg8S in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hanabv vv8iwea notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in aOCU[daDCe with Change (]n1mre (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05. Florida
Gtotutea, as annended, and addUUona|k/, to provide common |avv rights more expansive than as
required by statute. The Surety agrees that this Bond eho|| be construed as a common |avv
bond.
|NWITNESS WHEREOF, this instrument iaexecuted this the 30th day of YVovoo6or
. 2020
ATTEST:
Secretary (PrKcipal)
Typed Name
(CORPORATE SEAL)
(Vhnfess to Principal)
&I maldne
Typed Name
RIM
(Scvdrety) Secretary
Typed Name
|FB19/2U-79Pool Liner Replacement
Larry A. Dale Aquatic Center 00605-3
Oak Wells Aquatics, Inc.
Principal (Co
-fy (Sir.,- re)
Typed Name and Title
8608 Beach Blvd.
Jacksonville, FL 32216
Citv, Gtete, Zip
904-716-5254
Telephone No. Facsimile No.
Old Republic Surety Company
Surety
(407)389-3588 (407)389-8488
Telephone No. Fooninnike No.
CITY OF
Ski4FORD
FINANCE DEPARTMENT
(C04 TE PEAL) '
Ck-t6b
&,qLy�
,,71�� By:
whne's's as 6(turety Attorney- Fact
Cindy L. Mirisola,q-ttomey-in-Fact &
Typed Name
'
Lo
Typed Name
Typed Name
1021 Douglas Avenue
Address
Altamonte Springs, FL 32714
City, State, Zip
(407)389-3588 (407)389-8488
Telephone No. Facsimile No.
NOTE: Dote of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. |fCONTRACTOR iopartnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of -Attorney appointing individual AUonney-in-Faotfor execution of
Performance Bond on behalf of Surety.
END OF SECTION
|FB1g/2V-7gPool Liner Replacement
FINANCE DEPARTMENT
SECTION 00610
PAYMENT BOND
KNOW ALL MEN BYTHESE PRESENTS: that
Oak Wells Acuatics.lnc.
O6O8Beach Blvd,Jacksonville, FL 32216
(Name ufCONTRACTOR)
(Address OfCONTRACTOR)
Bond #0F 5427312
a Florida Corporation . hereinafter called
(Corporation, Partnership or Individual)
Principal, and 0W Republic Surety Company
(Name of Surety)
3452Lake Lynda Drive, Building \0lSuite 390,Orlando, Fl, 32817
(Address OfSurety)
hereinafter called Surety, are held and firmly bound unto 1) City of Sanford
hereinafter called {}VVNER, in the full and just 8uno of Three hundred two thousand seven hundred
ten and 0N}O0 DOLLARS in |GwfV| money of the
United States, for the payment of which sum well and truly to be U7ad8, we bind OV[se|Ves,
sunoe000ro, and osnigna, jointly and eevenaUy, firmly by these presents. The ounn shall not be
less than one hundred ten percent (11096)ofthe Contract Price.
THE C(]N[}DlON OF THIS OBLIGATION is such that whereas, the PhD[jp8| entered into a
certain Agreement with the OWNER, dated the 29thday of 2020
a copy of which is hereto attached and made a part hereof for the construction of
Pool Liner Replacement - Larry A. Dale Aquatic Center
V Name of Owner
:V Name mProject identified mInstructions mBidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR isbound.
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all o|ainoonte as defined in Section 255.05(l). Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for inthe Agreement, then this obligation shall be void; oth8nmiae, it shall remain
in full force and effect subiact, hnvvevar, tothe following conditions:
This Bond is furnished for the purpose of complying with the requirements of
Section 255.O5.Florida Statutes, asthe same may beamended.
2. Therehore, a claimant, except e |aborer, who is not in privity with the
CONTRACTOR and who has not received payment for his |abor. W1eteha|a or
|FB191207qPool Liner Replacement
�sFINANCE DEPARTMENT
supplies shall, within forty-five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this the 30th day of November
2020
Oak Wells Aquatics, Inc.
ATTEST:
Secretary (Principal)
/0. ( " o.,.
Typed Name
IFB 19/20-79 Pool Liner Replacement
Larry A. Dale Aquatic Center 00610-2
Principal (Contractor)
(Sign e) at,—
Typed
tyTyped Name and Title
XY OF
4
SNFORD
FINANCE DEPARTMENT
(CORPORATE SEAL) Address
(Witness to Principal)
Typed Name
(S6refy) Secretary
Typed Name
Typed Rame
EC -10 _b�
C Witness as tYSu?ety
Typed Name
860QBeach Blvd,Jacksonville, F[322}6
City, State, Zip
904-716-5254
Telephone No. Facsimile No.
Old Republic Surety Company
Surety
(407)389-3588 407-389-8488
Telephone No. Facsimile No.
Florida Resident Aaent
Typed Name
By:
1021 Douglas Avenue
Altamonte Springs, Fl, 32714
City, State, Zip
(407)389-3588 (407)389-8488
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to dote of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute Bond.
IMPORTANT: Surety companies executing Bonds must appear onthe Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
CfFlorida, unless otherwise specifically approved inwriting byOWNER.
ATTACH a martUDadPower-of-Attorney appointing individual Attonney-in-Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
|F131g/20-7gPool Liner Replacement
OLD REPUBLICSURETY COMPANY
* * * Powtk"OF"ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
MICHAEL D. SIHLE, LOUIS G. MITCHELL, JR., CINDY L. MIRISOLA, TIMOTHY J. DONOVAN, OF ALTAMONTE SPRINGS, FL
its true and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and deliver
and affix the seal of the company thereto (if a seat is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail
bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment gaper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management onds, hazardous waste rerriediation bonds or black hing
bonds), as follows:
ALL WRIT -FEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
TWO MILLION FIVE HUNDRED THOUSAND (52,500,000)----------- FOR ANY SINGLE
OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confinned.
This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority ofthe board ofdirectors
at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority o the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (ifa seal be
required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 29TH day of DECEMBER, 2014.
. ..... OLD REPUBLIC SURETY COMPANY
/vIt
SEAL
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS President
On this - 29TH — day of DECEMBER, 2014 , personally came before me, Alan Pavlic and
Phyllis M. Johnson_, to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
�"01A*
' Notary Public
un
My commission expires: 9/28/2018
CERTIFICATE (Expiration of notary commission does not invalidate this instrument)
1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
92-2031C' Signed and sealed at the City of Brookfield, WI this day of
1b'. e'�'
o, SEAL
Z 4
ris- On
11,111 b
SIHLE INSURANCE GROUP. INC.