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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.