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1786 IFB 15/16-25 Paw Park - Ovation Construction�,c�Rrp .-1877— To: City Clerk RE: Request for Services The 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 Onp completed, please: M Return original F-1 Return copy D Special Instructions: I Ry- ru r I' acp) fc� lla� - lbylac� Please advise if you have any questions regarding the above. Thank you! Z11----, Af�7 A Date T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc /,� l � do C�� 9/ Mayor's signature Recording ❑ Rendering Safe keeping (Vault) Special Instructions: I Ry- ru r I' acp) fc� lla� - lbylac� Please advise if you have any questions regarding the above. Thank you! Z11----, Af�7 A Date T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc /,� l � do C�� 9/ SECTION 00520 AGREEMENT FORM PART1 GENERAL 1L01 THIS AGREEMENT, made and entered into the day of by and between the City of Sanford, Florida, 300 North Park Avenue, Sanford, Florida 32771, a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "CITY" (also referred to as "OWNER") and Ovation Construction whose principal and local address is 251 Plaza Dr. Unit C Oviedo, FL 32765, hereinafter referred to as to as the "CONTRACTOR". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1'02 The Owner and Contractor Agree asFollows: A. The Contract ODcVnO8nts include the Agreement, Addenda (which pertain b}the Contract Ounurnonts), Contractor's Bid. Notice to Proceed. the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Project KU@nua|, any technical opRCiUCatOno as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all VV[|tt8n Arnendrnantn, Change Ordena, Work Change O\reotiveo, Field Orders, Engineer's written interpretations and clarifications issued on orafter the Effective DoUy of this Agreement, and all documents which are fully a port of the Contract with the City are identified by title and number as set forth below and are available for review at and dOvvn|OGdinQ from the City's VVab site (site in fU||) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract O0OunleDtS include: 1. Non Collusion Affidavit - Section O0432 2. Conflict ofInterest Affidavit - Section OO434 3. Public Entities Crime Affidavit - Section OO438 4. Compliance With the Public Records Law Affidavit - Section OO438 5. Bidder Qualification Affidavit - Section O0440 O. Cert. Non -Segregated Facilities — Section 00450 7. Disputes Disclosure — Section OO452 8. Drug Free Workplace /#fidaVit—Section OD454 9. Unauthorized (|Uege|) Alien Worker Affidavit — Section OO45U 10. E-VarifvCompliance Affidavit — Section OO458 11. ADA Affidavit — Section -O0480 12. Florida Trench Safety Act Statement - Section OO4M3 13. Executed, Section OO52O-Agreement Form. 14. The Project K8onue|. Note the Index (starting on page number 00010-1 of the Project Manual) includes all inetrucUono, barrno, general and supplemental conditions, bid documents, p|ans, prints and specifications pertaining tOthe Project. 15. Addenda Applicable tothe Bid 18. Contractor's Bid, UU41O. AGREEMENT Paw Park |FB15N6-25 17. Receipt Of Exempt Public Records and Agreement to Safeoua� (Executed Form) UfF|equiredfor P jeotbyCib/\ - 18. Financial Information (Executed Form) (if Required bvQb),00482 19. Chnnin8| Background Check Requirements (If Required for Project by City), 00525 20. |nSuranogCe 21. Notice ofAward, 0O51O 22. Notice toProceed, O053O. 23. Contractor's Application for Payment (Executed FOrmOs>.00825. 24. Certificate ofSubstantial Completion, OO62O. 25. Certificate ofFinal Completion, OOO27. 26. Project Field [}ndar/Executed Form), 00940. 27. Work Directive Change (Executed F0[Dn).00945. 28. Change Order (EXecuted).0095O. 29. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.O2./\.36'but which are included inthe Project K88nu8| and any additional documents agreed upon by the Parties shall be included as8part Ofthe Contract. These documents form the Contract and all are aafully opart ofthe Contract aa if attached to this Agreement orrepeated herein. As the documents indicated above are executed, the date of final execution and iD|b8|s of the individual who received the executed documoent/n\imtobeadded tothe blank next tnthe listed document(s) when processed and made m port of the City's official set of Contract Documents. B. Scope OfWork The Contractor shall perform all work required by the Contract Documents for the construction of the IFB 15/16-25; Paw Park Construction. C. Contract Time The Contractor shall begin work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the vv0[k within the Contract Time identified in Paragraphs 1.O2.C.5Ofthe Bid Form, which is SO calendar days. The work shall be finally COrnp|et8' ready for Final Payment �naccordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in alnga| arbitration proceeding the actual |ns8 suffered by OWNER ifthe Work is not substantially Cornp|gto on time. AcCording)y, instead of requiring any such pnmOf. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not moopenalty) CONTRACTOR shall pay OWNER J100.00 foreach calendar day AGREEMENT Paw Park IFB 15/16-25 that expires after the time specified in Paragraph Cfor substantial completion until the work iGsubstantially complete. |tioagreed that ifthis Work innot Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth /1/4\ of the [abs set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the perh)rDl8DCe of the vvork, subject to additions and deductions by Change Order and subject Uothe Measurement and Payment PnVvisiOOG, and subject to actual constructed quantities; the ]-Ot8l Contract Price Of . Payments will be made to the Contractor on the basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract aeifattached orrepeated herein. F. City cdSanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the C|TY's tax recovery program and, to that end; the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right ofthe 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 Stake Of Florida Local GVVgnlmert Prompt Payment Act, the value Ofeach application for payment shall beequal to the total value of the Work padbmned to doto, lmnn an amount retained, and |eaa payments previously made and amounts withheld |n accordance with the General Conditions and Supplementary Conditions. Retainage for this project is 10%. to beheld byOwner ascollateral security toensure completion ofWork. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule ooupdated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced inaccordance with State law. Additional Terms and Conditions 1. The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quo|Ux goods and/or services to the CITY bymeans ofemployees who are neat inappearance and ofpolite demeanor. AGREEMENT Paw Park IFB 15/16-25 2. All aubnl{SsiOnS submitted by the CONTRACTOR in the proposals/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providersto provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the C|TY, at the C|TY's ootiOU, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the C|TY'G projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 5` Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that Khas 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 }G/8na authorized to bind the CONTRACTOR fully tOthe terms ofthis Agreement. G. The CONTRACTOR hereby guarantees the CITY that all mnatoha|a, supplies, services and equipment oalisted onoPurchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and inforce mnthe date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any [D8nO8r creating or establishing a relationship of co- partners between the porbeo, or as constituting the CONTRACTOR /inC|udiOg, but not limited to, its officers, employees, and agents) the agent, repnesentabve, or employee of the CITY for any purpose, or in any [D8OOer. whatsoever. The CONTRACTOR is to be and shall [eDO8iO forever on independent contractor with respect to all services performed under this Agreement. Ei Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Aoroannerd oho|| have no claim to pena|on, workers' uompenaaUon, unemployment nonnpensotion, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation Oflaw 0r by the CITY. 9. No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall behonored bythe CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR iafamiliar with the goods and/or services to be provided and/or performed and with local conditions. The AGREEMENT Paw Park IFB 15116-25 OO520-4 CONTRACTOR shall make DO claim for additional time Vrmoney 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 services and/or goods described in this Agreement and that i\iswell acquainted with the components that are properly and customarily included within such projects and the requirements of |avvo, ondinonoe, ru|ea, regulations or orders of any public authority orlicensing entity having jurisdiction over the [||TY's Projects. 11. {3ua|ity, Professional Standards, and Security Requirements a. Under this paragraph 11.the term "CONTRACTC)FfSemployees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending toSUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional qua|ity, accepted etandardo, technical accuracy, neatness of appearance of employees, employee nonduct, aafetv, and the coordination 0fall services furnished bythe CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when On Qty property orwork siteS, to wear identification badges at all Unneo which, 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 days' drnem and assignments within forty-eight (48) hours Of the C|TY's written request for such information. This information will be reviewed, screened and verified by the C|TY, prior tothe ennp|Oye8G of the CONTRACTOR entering the C|TY'o premises and/or work sites. The CONTRACTOR shall comply with Section 2-67 of the Sanford City Code aaitrelates tosecurity screenings ofprivate contractors and employees of private contractors. The CONTRACTOR shall cause each person found by the City Commission to be functioning inaposition critical tOthe security and/or public safety of the CITY by reason of aoueao 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 pna-ennpk)vnlend procedures; 2\ Submission of the fingerprints tothe Florida Department of L8vv Enforcement for state chDliO@| history evaluation; and 3\ Submission of the fingerprints to the Federal Bureau of Investigation for anational criminal history evaluation. AGREEMENT Paw Park IFB 15/16-25 e. Such confidential information Sh8U be used by the CITY to determine a person's eligibility to function in such chUC@| employment poaition(S)aSdescribed. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license orCDL, orother operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the C|lFY`a premises in positions found by the City CVr3rDiBsiOO to be critical to the security and/or public safety of the CITY by reason of aoc8Sa to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, sOCi8| security number and/or licenses they shall not be allowed tOwork 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 qu8|ih/' technical 000unaoy' C0nopetDnC8, methodology, accuracy and the coordination Ofall ofthe following which are listed for illustration purposes and not as a limitation: documents, analysis, pepods, data, plans, plats, Dlaps, aurveye, opaoifiumiiona, and any and all other services of whatever b/pm or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR 3ha||, without additional compensation, correct or revise any e[nn[S Or deficiencies in his/her/its p|ans, ana|yeis, data, naporto, dooiQna, dnavvingo, apacificationa, and any and all other services of whatever type or nature. The CONTRACTOF|'s submissions in response tothe subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for any Vfthe goods and/or services required Gh8U be construed to operate aaawaiver nfany rights under this Agreement orofany cause ofaction arising out ofthe performance ofthis Agreement and the CONTRACTOR shall be and remain |i8b|8 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 and/or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are hladdition U]any other rights and remedies provided bvlaw. 14. Time is of the essence inthe performance of all goods and/or services provided bvthe CONTRACTOR under the terms ofthis Agreement. 15. |nvUoeo, which are in an 000aotab|e form to the CITY and without disputable itenno, which are received by the C[TY, will be processed for payment within thirty (30) days of receipt by the CITY. AGREEMENT Paw Park IFB 15/16-25 10. The CONTRACTOR will benotified ofany disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will nnaha every effort to resolve all disputable items contained inthe C(]NTRACT(]R'a invoices. 18. Each invoice shall reference this Aoraen0eOL the appropriate billing period. 10. The Florida Prompt Payment Act shall apply when applicable. A billing period r8pr8S8OtS the dates in which the CONTRACTOR DnOlp|eied goods and/or services referenced inaninvoice. 20. Invoices are to be forwarded directly the City's designated CEI representotive, as identifed at the preconotruCtiOn nneeting, for review and processing. 21. CITY designates the City Manager orhis/her designated reprementudve, to represent the CITY in all matters pertaining to and arising from the work and the performance ofthis Agreement. 22. The Qty W1anoger, orhis/her designated representative, shall have the following responsibilities: a. Examination of all VvOrh and rendering, in vvdUno' decisions indicating the C|TY's approval or disapproval within o reasonable time aoaenot homaterially delay the work ofthe CONTRACTOR; b. Transmission of inotructions, receipt of information, and interpretation and definition Of C|TY`8 policies and decisions with respect to daaign, nlabario|n, and other matters pertinent to the work covered bythis Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative hnVvva of a defect or change necessary inthe project; @nd d. Coordinating and managing the C(JNTRACT{}R'o preparation of any necessary applications togovernmental bodies, 10arrange for submission Ofsuch applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Jeff Davis, Project Manager City ofSanford P.[).Box 1789 Sanford, Florida 327T2 24. CITY may terminate this Agreement for convenience cdany time orfor any one (1) or more of the reasons as follows: AGREEMENT a. If, inthe QTY'sopinion, adequate progress hsnot being made by the CONTRACTOR due to the CONTRACTOR 'a failure to perform; or b. If, in the QTY's opinion, the quality of the goods and/or services provided by the CONTRACTOR is/are not in conformance with commonly accepted professional standards, standards of the C|TY, and the requirements of Federal and/or State regulatory agenoiae, and the CONTRACTOR has not corrected such deficiencies in 8 timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CC)NTRACT[)R, is indicted orhas adirect charge issued against him for any crime arising out of or in conjunction with any work that has been performed bythe U[)NTKACTOR; O[ d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards 0fConduct provisions herein or any provision of Federal, State or |4co| |avv or any provision of the C!TY'a Code of Conduct. 25. In the event of any of the caUG8e of termination, the CF[Y's designated representative may send 8 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 Vfthe date Ofthe letter, the CITY may consider the CONTRACTOR to be in defeu|t, and may then immediately terminate this AonSe[nenL 20. 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 PurchaseMOrkOrder shall be deemed terminated for convenience by the CITY and the CITY shall have the righthu mJ terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only ifthe CITY fails tnpay the CONTRACTOR inaccordance 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 HDUro|y without oeUSg, if such termination is deemed by the CITY to be in the public intenest, in vvhUng of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten /10\ days to correct same or to r8queSt, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default inthe notice byeither the C|TY'sdesignated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the torrna and provisions of the Agreement. AGREEMENT 29. The CITY shall have the right b}terminate this Agreement without cause with msixty (60) day written notice to the other party. The CITY reserves the right toterminate any Agreement for cause with a five (5)day written notice tVthe CONTRACTOR. Notice shall be served to the parties as specified inthe Agreement. 30. In the event that this Agreement ieterminated, the CITY shall identify any specific work tD be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its Ob|iQaUODs under this Agreement it is found that the CONTRACTOR has not s0 failed, the UernniO8UOn shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without C8USe, 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 Ofnotice Cftermination, given bveither party, the terminated party shall promptly discontinue the provision ofall goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or services under this Agreement may be Suspended by the CITY at any 35. In the event the CITY suspends the performance or provision of the C[}NTR/\CT[}F| services hereunder, the CITY shall so notify the CONTRACTOR in vvrUnQ. such suspension b8COnnin0 ofheuUvo within seven (7) days from the date 0fmailing, and the CITY shall pay U}the CONTRACTOR within thirty (30) days all compensation which hes become due toand payable tOthe CONTRACTOR tVthe effective date Of such suspension. The CITY shall thereafter have nofurther obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services un|ono and until the C|TY'o 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. 30. Upon receipt ofwritten notice from the CITY that theCONTRACTOR's provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because ofrace, co|or, ne|igion, oax' mge, national origin ordisability and will Cake offinnaUvg steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, AGREEMENT Paw Park |FB15/1G-25 religion, Seu, age. national origin or disability. This provision shall include, but not be limited to, the following: nnnokovnnant, upgrading, demotion Or transfer; recruitment advertising; layoff or termination; rates of pay or their forms Or #]rnpenSgtiOO; and selection for training, including apprenticeship. The CONTRACTOR, 0O[8Over. Sh@|| comply with all the requirements as imposed by the Americans with Disability Act' the regulations ofthe Federal government issued thereunder, and any and all requirements ofFederal orState law related thereto. 38. Indemnity and Insurance AGREEMENT Paw Park IFB 15/16-25 a. Tothe fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, nffiCenG. officials and employees, Or any of Ulem, from and against any and all o|airna. donnoQeo. |oanes, and expenses including, but not limited to, attorney's fees and other legal costs such as those for pona>ega|, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising Out of or r8SU|Ung from the performance or provision of services required under this Aoreernent, provided that s8nno is caused in whole or in port by the error, onliSGion, negligent act, failure to act, breach of contract ob|igabon, mo|feaaanoe, officaro, offioio|o, mmp|oyeee, or subC[>NTR/\CT{}Ru. Additionally, the CONTRACTOR accepts responsibility for all damages nyGV}[inQ in any way related to the performance of work. In no event, shall either party be responsible Orliable k}the other for any incidental, consequential, orindirect damages, whether arising by contract ortort. b. In accordance with Section 725.00. Florida GtatVteS, adequate consideration has been provided to the CONTRACTOR for this ob|igaUOn, the receipt and sufficiency Of which is hereby specifically acknowledged. Nothing herein shall bedeemed to affect the rights,privUegeS.aDd immunities of the CITY as net forth in Section 768.28. Florida d. In d8|Ons against any pe[gnO or entity, iOdennnd5caUDD under this Section by an employee of the CONTRACTOR or its agents or aubC[}NTRACTOF{s, anyone directly or indirectly employed by them or anyone for whose o(to they may be |iab|e, the indemnification obligation under this Section shall not belimited hy a limitation on amount or type of darO@QeS' cVrOpeOS8U0n` or benefits payable by or for the CONTRACTOR or its agents or nubC(]NTRACT[JF|o. under VVorkana Compensation aota, disability benefits acts, orother employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the 0O52D-10 CONTRACTOR must also comply with the provisions of this Agreement relating toinsurance coverage. The CONTRACTOR shall submit a report to the CITY viUliD twenty-four (24) hours Of the date of any incident reSu|bD0 in damage Or which is reasonably |iKo|y to naau|t in o o|a|nn 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 Gp8c|hCaUy iDC|Vd8 the CITY @SGnadditional insured. 41. The CONTRACTOR shall provide Certificates ofInsurance tothe CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall b8COrD9 part Ofthis Ao[88rD8DL Neither oppnnvo| by the CITY nor failure to disapprove the insurance furnished by m CONTRACTOR eho|| relieve the CONTRACTOR of the CONTRACTOR'S full responsibility for performance of any obligation including the C[)NTR\CT{]R'a indemnification of the CITY under this /\onaernord. If, during the period which an insurance company is providing the insurance coverage required by this Aor*onneot. 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 aha||, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance COVer@g8 provided by the insurance company with a different insurance company meeting the requirements of this AonaonoonL Until such time enthe CONTRACTOR has replaced the unacceptable insurer with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior hoany changes inthe coverage, except increases inaggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of 8 new Certificate VfInsurance. 43. The CONTRACTOR aheU furnish Certificates of Insurance directly hothe C|TY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has 0bi8iD8d insurance of the tvpe, amount and classification required by this Agreement. 44. Nothing in this Agreementorany action relating to this Agreement shall be construed as the CDY's waiver of sovereign immunity beyond the limits set forth in Section 768.28. Florida Sbybubaa. AGREEMENT Paw Park IFB 15/16-25 08520-11 45. The CITY shall not be obligated mliable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY ahoU have no |k]bi|hv except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance orself-insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than 8 bona fide grOp|Dy8e VvOdbiOQ solely for the C(]NTRAClFC]R, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, oumpany. corporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fee. CornrDission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 48. The CONTRACTOR shall not discriminate on the grounds of [8og. color, religion, sex. Or national origin in the performance of work under this Agreement orviolate any laws pertaining to civil rights, equal protection or 50. The CONTRACTOR hereby certifies that no undisclosed Un vvhUDg\ conflict of interest exists with respect to the Aonaernent, induding, but not limited to, any conflicts that may be due to representation Ofother clients, customers or vendeeo, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict ofinterest that arises during the term of this Agreement shall be immediately disclosed in writing to the CITY. Violation Of this Section shall be considered as justification for immediate termination ofthis Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and COOnp!et6 manner including, but not limited to, occupational license tax. 52. K the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct pursuant to any assignment or work performed under this Agreement, the CITY shall so notify the CONTRACTOR. in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval ofthe CITY. AGREEMENT Paw Park IFB 15/16-25 Q0528~12 AGREEMENT 54. The CONTRACTOR shall certify, upon request by the C|TY, that the CONTRACTOR nlaiOt@iOS 8 drug free vvOrkp|aoa policy in ecoOrd8nOG with Section 287.0078, Florida Statutes. Failure to submit this certification may result iOtermination. 55. If the CONTRACTOR or an affiliate is placed On the convicted vendor list following a conviction for a public entity crime, such action may naeu|t in termination by the CITY. The CONTRACTOR shall provide a certification Of compliance regarding the public crime requirements set forth in State law upon request bythe CITY. 56. The CITY reserves the right to uni|8t6n8||y terminate this Agreement if the CONTRACTOR refuses to a||ovv public access to all dOCVnOBDtS, papers. |9tte[S. Or Other materials SUbi8Ci to p[0V|SiOUs of Chapter /19. Florida 8totuteu, and other applicable }avv, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements ofthe Americans with Disabilities Act /ADA\' and any and all related Federal or State |avvm which prohibits discrimination by public and private entities on the basis of 58. The CITY will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized o|kan vvorkera, constituting o violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (0\A). The CITY shall consider the employment by the CONTRACTOR ofunauthorized o|ienu, a violation of Section 274A(e) of the /NA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A/e\ of the /NA shall be grounds for immediate termination of this Agreement by the CITY. 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, hga|Uh, and safety |ovva and regulations applicable to the goods and/or services provided tothe CITY. The CONTRACTOR agrees that any p[oQnarn or initiative involving the work that could adversely 8ff8Ct any personnel involved, Cibzens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, enVinJnrOeOt8| and health |avvS. 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 expenSe, any and all permits, licenses, permissions, approvals or similar consents. 81. If applicable, in accordance with Section 216.347. Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on nQOrdna[t 00520-13 to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that @cbOUs of any CITY anlp|Oy88 or other person during the course of performance of, or otherwise related to, this /\oneernont or which vvOu|d violate or cause others to violate the provisions of Port |||' Chapter 112, Florida 8tab/&po. relating to ethics in government. 64. The CONTRACTOR shall maintain books' records, documents, time and COStS 8CC0UntS and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data ShgU be maintained in accordance with generally 8CCep<8d accounting principles. 65. The CONTRACTOR shall maintain and aUOvv access to the records required under this Section for 8 OliDirnUrn period of five /5\ years after the completion of the provision or performance goods and/or services under this Agreement and date of final payment for said goods and/or aervinea, or date of termination of this Agreement. 60. The QTY may perform, or oouSn 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 gh8U be performed at a time rDUtU8Uy agreeable to the CONTRACTOR and the QTY subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation k)the CONTRACTOR maybe determined subsequent to an audit on provided for in this 8action, and the total compensation so determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit ahe|i not delay final payment as required by this Section. 87. In addition to the above, if Federal, State` CVVnLv orother entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United 8t8taS or the Chief Financial Officer of the State Of Florida, or the CVWnb/ of Seminole, or any reprasontaUveS, shall have eCceSS to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and/or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the gVgOt Of any audit or inspection C0OdUCt8d reveals any overpayment by the QTY under the benna of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (3O)days ofnotice bythe CITY nfthe request for the refund. 69. The CONTRACTOR agrees to fully comply with all State }ovva relating to public records. AGREEMENT Paw Park IFB 15/16-25 D052D-14 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73. The CONTRACTOR shall coordinate the provision of goods and/or services and work product of any CITY approved subcontractors, and remain fully responsible for such goods and/or services and work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. 75. The CONTRACTOR shall reasonably cooperate at all times with the CITY and other CITY contractors and professionals. 76. This Agreement is to be governed by the laws of the State of Florida. 77. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. 78. This Agreement is the result of bona fide arms length negotiations between the CITY and the CONTRACTOR and all parties have contributed substantially and materially to the preparation of the Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, AGREEMENT Paw Park IFB 15/16-25 00520-15 existing mfuture; provided that the cause whether or not enumerated in this Section is beyond the uOnbD| and without the fault or negligence of the party seeking relief under this Section. OO. This Agreement, together with the exhibit(s), if any. C0DsUbdeS the entire integrated Agreement between the CITY and the CONTRACTOR and SUp9r88deS all prior vVrUan or oral understandings in CODDG{tion therewith. This Agreement, and all the terms and provisions contained he[eiD, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto tOthe date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 01. This Agreement may only be amended, supplemented or modified by formal written amendment. 82. Any 8h8ratons, amendments, deletions, or waivers of the provisions of this Aor88nnert Gh8|| be valid only when expressed in vvhUng and duly signed by the parties. 83. Written notice requirements of this Agreement shall be SthCUy construed and such requirements one a o]OddkJn precedent to pursuing any rights or remedies hereunder. The CONTRACTOR oQraea not to claim any waiver by CITY of such notice requirements based upon CITY having actual hnnw|edg8, implied, verbal or constructive notice, lack [fprejudice or any other grounds as a substitute for the failure of the CONTRACTOR to comply with the express written notice requirements herein. Computer notification (e-mails and nnesS@g8 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 construed as a waiver of any such provision or right and the same shall continue inforce. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the QTY, a pledge of the ad v8k7nen1 taxing pOvv8r of the CITY or a general obligation or indebtedness Of the CITY within the meaning Of the Constitution of the State of Florida or any other applicable |3vvG, but shall be payable solely from legally available revenues and funds. 88. The CONTRACTOR shall not have the rightU000nnpe|Uheaxencineofthm advalorem taxing power 0fthe CITY. 87. Each exhibit referred toand attached hJthis Agreement is8nessential pad of this Agreement. The exhibits and any onnendnnmnta or revisions thereto, even if not physically attached heretO. ShGU be treated as if they are part ofthis Agreement. AGREEMENT Paw Park IFB 15/16-25 U0520 -1W 88. The Section headings and captions of this Agreement are for convenience and reference only and in noway define, |innit, describe the scope 0rintent ofthis Agreement orany part thereof, orinany way affect this Agreement Orconstrue any provision ofthis Agreement. 88. If any term, provision or condition contained in this Agreement shaU, to any axtent, be held invalid or unonforoeab|e, the remainder of this Agreement, or the application of such tomn' provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, nhoU not beaffected thereby, and each term, provision and condition of this Aon*ennmnt shall be valid and enforceable to the fullest extent permitted by |avv when consistent with equity and the public interest. 90. All provisions 0fthis Agreement shall beread and applied inpara materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree toexhaust any alternative dispute resolution procedures reasonably innouaod by the CITY prior to filing suit or otherwise pursuing legal remedies. 82. The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or vvh|Ch the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. |nthe event that CITY procedures are exhausted and osuit iofiled m legal remedies are otherwise punsued, the parties shall oxenjao beat efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures tobeemployed involuntary mediation shall be mutually acceptable to the parties. Coate of voluntary mediation shall beshared equally among the parties participating |nthe mediation. 94. This Agreement may beexecuted inany number ofcounterparts, each of which shall bedeemed anoriginal, but all ofwhich, taken together, shall constitute one and the same document. IN WITNESS VVHEREC]F, the parties hereto have executed this Agreement the day and year first above written. Name of Firm By (Signature) Date Printed Name and Title AGREEMENT Paw Park IFB 15/16-25 OO520-17 0 By ignat Date -�A, 6 a-2- �vx 9 Printed Name and Title WNT'".0 City of Sanford Name of Owner By (Signature) h L)� h I I Date Printed Name and Title ATTEST: By (Signature) Date Cvnthia-Porter, City Cler A iC:.Ft`"1w-�, 0iio, Printed Name and Title Approved as to 407r„a.�-,. \ City, Attorney -END OF SECTION AGREEMENT Paw Park IFB 15/16-25 00520-18 (SEAL) A�y^^�R 1 0 AVV CERTIFICATE 4F LIABILITY INSURANCE DATE (MM/DD/YYYY) 7/6/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lassiter -Ware Insurance, Inc. 1317 Citizens Blvd. CONTACT Linda Whiting PHONE (800)845-8437 FAX (AC No EXt1! (AIC. No): (B88) 883-868tl EMAIL LindaW@lassiter-ware.com ADDRESS: _ INSURERS) AFFORDING COVERAGE NAIC # OCCURRENCE $ 1 , 000 , 000 INSURERA:Southern Owners Insurance Co. 10190 Leesburg EL 34748 INSURED INSURER B: DAMAGE TO RENTED 50,000 PREMISES Ea occurrence) $ Ovation Construction Company Inc. INSURER C; X INSURER D: 6/19/2016 786 S. Lake Claire Circle INSURER E: ,person) PERSONAL 8 ADV INJURY $ 1,000,000 INSURER F: - Oviedo FL 32765 COVERAGES CERTIFICATE NUMBER:16/17 Policy Term REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - TYPE OF INSURANCE -�}- AOOLINSO juOS"fYl WVDPOLICY NUMBER~- MM/oD/YYEYYY MMtODYfYYYY _ LIMITS ._...-._..... _..,. X COMMERCIAL GENERAL LIABILITY(EACH OCCURRENCE $ 1 , 000 , 000 A CLAIMS -MADE � OCCUR 1 DAMAGE TO RENTED 50,000 PREMISES Ea occurrence) $ MED EXP (Any one i_$ 5,000 X { 72059998 6/19/2016 6/19/2017 ,person) PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:i I GENERAL AGGREGATE I S 3,000,000 i PRO - POLICY I LOC X —1 } _ PRODUCTS - COMPIOP AGG $ 2,000,000 Hired and Non Owned Auto I $ 1,000,000 OTHER: AUTOMOBILE LIABILITY f J COMBINED SINGLE LIMIT $ 1,000,000 Ea accident) BODILY INJURY (Per person) $ F` ; ANY AUTO ALL OWNED SCHEDULED i (72059998 AUTOS AUTOS ..__.) I 6/19/2016 6/19/2017 BODILY INJURY (Per accident) $ ._._. _..__ X -- NON -OWNED HIRED AUTOS X _ AUTOS i ! L PROPERTY DAMAGE er accident P $ — - - -- ! -- - -- I $ X UMBRELLA LIARX I OCCUR f I � i � EACH OCCURRENCE $ 5,000,000 I AGGREGATE 5 000,000 A EXCESS LIAR IMS-MADEI i DED X RETENTION$ 10,000 _ 1 Ig i !4920351300 6/19/2016 ( 6J19/2017 WORKERS COMPENSATION i i t PER OTH- 1 STATUTE IER AND EMPLOYERS' LIABILITY YIN; I E.L. EACH ACCIDENT I $ '(' ANY PROPRIETORIPARTNER/EXECUTIVE II N I A OFFICERWEMBER EXCLUDED? In NH) —' I E.L. DISEASE�EA EMPLOYEE $�� (Mandatory -- If yes. describe under I DESCRIPTION OF OPERATIONS below ! E.L. DISEASE -POLICY S e ! i i i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1D1, Additional Remarks Schedule, may be attached If more space Is required) The certificate holder is an additional insured under the terms and conditions of the general liability policy with respects to work being performed by the named insured as required by written contract. Umbrella is follow form. to t City of Sanford 300 North Park Avenue Sanford, Florida 32771 ACORD 25 (2014/01) I N S025 r?m 4n n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE da Whiting/PENNYG ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE Date 7/6/2016 Producer: Plymouth Insurance Agency 2739 U.S. Highway 19 N. Holiday, FL 34691 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage MAIC # Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance Company 11075 Insurers: 2739 U.S. Highway 19 N. Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL I INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Claims Made 0 Occur Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: PolicyElProject 1:1 General Aggregate Products Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) $ Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each occurrence Aggregate Occur ❑ Claims Made Deductible A Workers Compensation and Employers' Liability WC 71949 01/01/2016 01/01/2017 X WC Statu- I tory Limits OTH- ER E.L. Each Accident $1.000,000 Any proprietorlpartner/executive officer/member E.L. Disease - Ea Employee x$1,000.000 excluded? NO If Yes, describe under special provisions below. E.L. Disease -Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by EndorsemenVSpeciai Provisions: Client ID: 93.67-173 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Ovation Construction Company Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s',, while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calling (727) 938-5562. Project Name: ISSUE 01-07-16 (TLD). REISSUE 07-06-16 (CD) Begin Date 8/5/2013 CERTIFICATE HOLDER CANCELLATION Should any of the above described policies be cancelled before the expiration date thereof, the issuing City of Sanford insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to 300 North Park Avenue do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. .�,,....w Sanford, Florida 32771E?, SECTION 00510 TO: Ovation Construction, In 251 Plaza Dr., Unit C Oviedo. FL 32765 NAME OF PROJECT: 1FI3 15/16-25, Paw Park Construction The OWNER has considered the BID submitted bvyou, dated May 26, 2016 for the above described WORK in response to the Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of You are required by the Instructions to Bidder to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond, Payment BOnd, and certificates of insurance within fourteen /14> calendar days from the date of this Notice to you. If you fail to amanuha said Agreement and to furnish said Bonds and insurance within fourteen /14\ calendar days from receipt of this Notice, said OWNER will be entitled to consider all your rights arising out of the {)VVNER'o acceptance of your BID as abandoned and as o forfeiture of your B[[} BOND. The OWNER will bmentitled tosuch other rights aemay begranted bylaw. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 18 m day of July . OWNER: City of Sanford (Name of OWNER) Thomas George, Deputy City Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE UFAWARD imhereby acknowledged by ^ Printed Name and Title |FB1816-25 Paw Park TO: Ovation Construction, Inc 251 Plaza Dr., Unit C Oviedo, FL 32765 NAME OF PROJECT: IFB 15/16-25, Paw Park Construction The OWNER has considered the BID submitted bvyou, dated May 26, 2016 for the above described WORK in response tothe Invitation for Bids and Information for Bidders. You are hereby notified that your BID has been accepted for BID items in the amount of You are required by the Instructions to Bidder to execute the Agreement and furnish the required CC)NTRACT{}R'o Performance Bond, Payment Bond, and certificates of insurance within fourteen /14\ calendar days from the date of this Notice to you. If you hsi| to execute said Agreement and to furnish said Bonds and insurance within fourteen (14) calendar days from receipt of this Notice, said {]\NNEF< will be entitled to consider all your rights arising out of the [}VVNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will beentitled to Such other rights gomay begranted bylaw. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this 1 81h day of July .2016. OWNER: City of Sanford (Name of OWNER) By (Signaf6re) Thomas George, Deputy City Manager (Printed Name and Title) ACCEPTANCE [JFNOTICE ~ Receipt and acceptance of the above NOTICE DF AWARD is hereby acknowledged by Printed Name and Title IFB 15116-25 Paw Park SECTION 00410 -11 PART I GENERAL 1.01 Description The following Bid, for the (1)FB 15/16-25 Paw Park, is hereby made to (2) City of Sanford, hereafter called the Owner. This Bid is submitted by (3) (2) Owner (3) Name, address, and telephone number and email address of Bidder 1.02 The Undersigned: A. Acknowledges receipt of. 1. Project Manual and Drawings identified within the Project Manual. 2. Addenda: Number Dated Number Dated Number Dated Number Dated B. Has examined the site and all Bidding Documents and understands that in submitting his Bid, he waives all right to plead any misunderstanding regarding the same. C. Agrees: 1. To hold this Bid open for 60 calendar days after the bid opening date. 2. To accept the provisions of the Instructions to Bidders regarding disposition of Bid Security. 3. To enter into and execute a contract with the Owner, if awarded on the basis of this Bid, and to furnish a Performance Bond and a Labor and Material Payment Bond in accordance with the Instructions to Bidders. 4. To accomplish the work in accordance with the Contract Documents. 5. To begin work not later than 10 days after the issuance of a Notice to Proceed, unless otherwise provided, and substantially complete the work within 90 calendar days of the date and final completion 30 days later making a total of 120 days of the Notice to Proceed. 6. To accept the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 1.03 Bid Schedule Paw Park 1FB 15116-25 The Bidder hereby agrees to perform all work as required by the Contract Documents for the following Lump Sum Bid Price inclusive of furnishing all manpower, equipment, materials and performance of all operations relative to construction of the project. Work for which there is not a Pay Item will be considered incidental to the Contract and no additional compensation will be allowed. A. The bid: Lump Sum of: SW 100. LL2- FIFT� r-OLR- T_Y400SAA,�D AJJO� 14U.000CP dollars * rr A PAjm45"r A PSKF&temA4C6 60k4p AR6 )twr g6au)g6D 060vCr v jl3qo,00 B. *Note: The bid must be submitted on this document. ) F-1vom our, (3o, 1.04 Miscellaneous Requirements and Affirmations A. Bids must be on the Bid Form. (Submit I original and 3 copies of your response including the attachments listed in item B) B. I have attached the following required fully executed forms to this Bid: 1. Non Collusion Affidavit - Section 00432 2. Conflict of Interest Affidavit - Section 00434 3. Public Entities Crime Affidavit - Section 00436 4. Compliance With the Public Records Law Affidavit - Section 00438 5. Bidder Qualification Affidavit - Section 00440 6. Cert. Non -Segregated Facilities - Section 00450 7. Disputes Disclosure - Section 00452 8. Drug Free Workplace Affidavit - Section 00454 9. Unauthorized (illegal) Alien Worker Affidavit -Section 00456 10. E -Verify Compliance Affidavit - Section 00458 11. ADA Affidavit - Section - 00460 12. Florida Trench Safety Act Statement - Section 00463 1.05 SUBMITTED, signed and sealed this l day of A" Co tract Si nature j Date 2SI P4,,4-Z/q YDe, , sai-r5 c, Business Address ovmtou 115-L 3Z -7&J - city State Zip Code ATTEST:. (by Company Officer) �. I SA I 'd, '5/1 to By (Signat� e) I Date rl--<- ,)Z,T , Rzes Printed Name and Title END OF SECTION Paw Park 1FB 15116-25 'Print6d Name and Title In upper left corner of the envelope containing the sealed bid, the following information is necessary: IFB 15116-25 Name of bidder OVA'rIOJJ Opening Date: May 26, 2016 at 2:00 p.m. ADDRESS OR DELIVER TQ* F. William Smith, Purchasing Manager; City of Sanford Submitting by US Mail: P.O. Box 1788, Sanford, FL 32772 Physical Delivery: 300 N. Park Avenue, Room 236, Sanford, FL 32771 Paw Park IFB 15116-25 Project Name: Paw Park Construction Project Solicitation No.: BFB16h6-25 SECTION 00432-1 NON COLLUSION AFFIDAVIT The undersigned, bysigning this document hereby certifies that the company named below hereby is or does: States that the entity named bekzv/ and the individual 'n' this document has submitted the attached bid orproposal: 2. He is fully i respecting preparation end connof the attached �dof�|pe�mantcircumstances respecting such ; 3. Said bid prproposal iegenuine and ionot acollusive orsham bid or ; 4. Neither the said bidder or proposer nor any of its officere, partnero, owners, agents, representatives, employees or parties in hlb*rmet, including this affiant, has in any way no|uded, conopired, connived or agreed, directly or indirectly with any other bidder, proposer, firm or person to submit a collusive or sham bid or proposal in connection With the Contract for which the attached bid or proposal has been submitted or to refrain from bidding or proposing in connection with such Contract, or has in any manner, directly or |ndinacUy, sought byagreement nrcollusion or communications or conference with any other bidder, propooer, finn orperson tofix the price or prices in the odoohad bid or proposal or of any other bidder of proposer, or to fix any overhead, profit or cost element of the bid or proposal price or the bid or proposal price of any other bidder or proposer, or to secure through any coUus|on, conspinmcy, connivance or un|evvhu| agreement any advantage against the City of Sanford or any person interested in the proposed Contract. The price or prices quoted inthe attached bid or proposal are fair and proper and are not tainted by any collusion, ownnpinacy, connivance or unlawful agreement onthe part of the bidder orproposer ovany of its ogonto, napramentotiven, oxvnanm, enno(cyenm, or parties in inbapoot, including the individual signing this document. Signature o*uthoriled Representative (Affiant) ^ 'Date Printed or Typed Nameand Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA Paw Park IFB 15116-25 Project Name: Paw Park — Construction Project Solicitation No.: IFB 15/16-25 On this P day of MA" 20 before me, thoundersigned Notary Public of the State Florida, personally appeared Y whose name(s) is/are subscribed to the within instrument,' and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has producedQ(Z�\,/C- (ZS Lk o6tJS1-4 as identification. Rt 072 (Notary Public in and for the County and State Aforementioned) 20 0 20 Comm # FF V95M My commission expires: IIIX16-1 Z*3 X-W041Z I OF 611 X#A- t 150 k1l [GILL Paw Park IFB 15116-25 Project Name: Paw Park - Construction Project Solicitation No.: IFB 15/16-25 SECTION 00434-1 10101MI NA-9912li<itZI3*11MIM_17111 The Affiant identified below deposes and states that: The below named Bidder is submitting an Expression of Interest for the City of Sanford project named above. 2. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3. The Affiant states that only one submittal for the above project is being submitted and that the below named Bidder has no financial interest in other entities submitting proposals for the same project. 4. Neither the Affiant nor the below named Bidder has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the Bidder's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project 5. Neither the Bidder nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participating in contract lettings by any local, state, or federal agency. 6. Neither the Bidder, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 7. l certify that no member of the Bidder's ownership, management, or staff has a vested interest in any aspect of or Department of the City of Sanford. 8. 1 certify that no member of the Bidder's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Sanford. 9. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the below named Bidder, will immediately notify the City of Sanford in writing. Paw Park 1F815116-25 Project Name: Paw Park — Construction Project Solicitation No.: IFB 15/16-25 QVA T) V� Bidder Signature of A*orized kepresentative (Affiant) V.A Printed or Typed Name and Title of Authorized Representative (Affiant) COUNTY OF 5601 I.,-JOLJ,!; STATE OF FLORIDA On this 1(o day of mA!i 20 before me, the undersigned Notary Public of theStateof Florida, personally appeared whose name(s) is/are subscribed to the within instrument, , bnd he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is personally known tome or has produced QKJV6Z5 LAC6A-15e I as identification. (RbMr—y Public in and for the County and State Aforementioned) My commission expires: END OF SECTION 00434-2 Paw Park 1FB 15116-25 Project Name: Paw Park Construction Project Solicitation No.: OFB16MG-2S SECTION 00436-1 FLORIDA STATUTES ON PUBLIC ENTITY CRIMES AFFIDAVIT The Affiant identified below attests bothe : 1. | understand that a "public entity crime" as defined in Section 287133/1Vo\. Florida Statutes, means a violation of any State mFederal law by a person with respect to and directly related tothe transaction ofbusiness with any public entity orwith anagency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or nen/ioao to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud' theft, bribery, cuUusion, nscketeehng, conspiracy, or material misrepresentation. 2. | understand that ^nonvicted^ or^oonvkction^aa defined in Paragraph 287'133(1) (b) Florida Statutes, means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guik, in any Federal or state bio| court of record relating to charges brought by indictment or information after July 1. 1989, as m result of o jury verdict, non -jury trial, orentry ofoplea ofguilty ornolo contendere. 3. | understand that an "affiliate" as defined inSection 287.133(1)(a)Florida Statutes. means: A predecessor or successor of a person convicted of a public entity crime: or an entity under the control of any natural person who is active in the management nfthe entity and how has been convicted ofapublic entity crime. The term ^offi|iato^includes those officers, directors, executives, partners, shareholders, employees, nnenmbers, and agents who are active in the management of an affiliate. The ownership by one (1) pononn of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture With a person who hos been convicted of public entity crime in Florida during the preceding thirty-six (36) months shall beconsidered anaffiliate. 4. | understand that a "person" as defined in Section 287133(1) (e) Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts orapplies to transact business with a public entity. The term '.person" includes those nfOmare, dimsotony, axecVUvam, padnero, shareholders, employees, members, and agents who are active inmanagement ofanentity. 5. Based on information and be|ief, the statement which | have narked below is true in relation to the entity submitting this sworn statement. (Note: indicate which of the below statements apply) Paw Park IFB 15116-25 Project Name: Paw Park - Construction Project Solicitation No.: IF13 15/16-25 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the enOtv, nor the affiUebe of the entity has been charged with and convicted Vfapublic entity crime subsequent ioJuly 1.1A09. The entity submitting this sworn statement, orone nrmore ofthe officers, dinaotoro, enwcuUvee, padnem, ahaneho|dero, emo|oyeee, members oragent who one active in nnomagenlerd of the endtv, or an affiliate of the mnUhy, has been charged with and convicted of a public entity crime subsequent toJuly 1,1SBB. The entity submitting this sworn statement, or one or more of the officers, dirmnbore, mxacutivea, partners, shareholders, employees, members oragents who are active in management of the entit/, or an affiliate of the entUv, has been charged with and convicted of public entity ohnna subsequent to July 1, 1989. Hovvevor, there has been a subsequent proceeding before an Administrative Law Jury of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Administrative Law Jury determined that itwas not in the public interest to place the entity submitting this sworn statement onthe convicted vendor list. (You must attach ocopy ofthe final mndec) | understand that the submission of this form to the City of Sanford is for the city only and, that this form imvalid through December 31, of the calendar year in which it is filed. |a|so understand that I am required to inform the City prior to entering in to a contract in excess of the threshold amount provided in section 287.017. Florida Statues, for category two nfany change in the information contained inthis form. Signature of AofiorizecPRepresentative (Afflant)' 'Date Printed mTyped Nbmmand Title ofAuthorized Representative (Affiant) COUNTYOF OF FLORIDA On this 1L-, day of 20 1 (P , before me, the undersigned Notary Public of the State of Florida, personally appeared K4j2�21,JaIU whose is/are subscribed to the within instrument, and acknowledge that executed itWITNESS my hand and official seal. He/She in personally known tonn has prodas Pubficin' and for the ''SEA My commission : M57) FF W0436-2 END OF SECTION Paw Park 1FB 15116-25 Project Name: Paw Park Construction Project Solicitation No.: IFB15M$-25 SECTION 00438-1 COMPLIANCE WITH THE PUBLIC RECORDS LAW AFFIDAVIT Upon avvmnd recommendation or ten C]U\ dova after opening, submittals become "public records" and shall bmsubject topublic disclosure consistent with Chapter 119.Florida Statutes. Proposers/Bidders must invoke the exemptions todisclosure provided by law es applicable to the response to the solicitation, must identify the data or other materials to be pnotecbad, and must state the reasons why such exclusion from public disclosure is necessary. The submission of a proposal authorizes release of your firm's credit data to the City of Sanford. If the Bidder submits information exempt from public disclosure, the Bidder must identify with specificity whichpages/paragraphs of their bid/proposal are exempt from the Public Records Act, identifying the specific exemption section that applies to each. The protected information must be submitted to the City in a separate envelope marked accordingly. By submitting a response to this solicitation, the Bidder agrees to defend, indemnify and hold the City hnnn|ooa in the event we one forced to litigate the public records status of the Bidders Signature of Printed or Typed Name! and Title of Authorized Representative (Affiant) COUNTY OF STATE OF FLORIDA Notary Public of the Sta f Florida, personally appeared 10SILA whose name(s) is/are subscribed to the within instrument, I and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. He/She is personally known to me or has produced ltge�(6�S LIC6PS6 as in and fo� the County and State n2l, K8vcon�n}�shon : WCWME � END OF SECTION Oaw Park IFB 15116-25 Project Name: Paw Park — Construction Project Solicitation No.: QFB15/1G-25 SECTION 00440-1 BUDDER QUALIFICATION AFFIDAVIT State the tnue, exact, correct and complete name of the compmny, partnership, unrporotion, trade or fictitious name under which the Bidder does business and the address of the place of business. Name ofBidder Address of Bidder Phor�e No. of Bidde-r Bidder E -Mail Address Bidder's Contractor's License No(o). 5-7 (As issued bvthe Florida Dept. 0f Business and Professional Regulation Construction Industry Licensing Board) The Bidder ia(check one ofthe : / )An Individual ()A Partnership &8A Corporation Principal Office Address: 257) PbjaZ_A nR. SUIT6 C,, OV1800, FL� IfBidder ino corporation orLLC, answer the : Date ofIncorporation: State ofIncorporation: President's Name: Nesyzr Vice PneoidooCaName* Name: Treasurer's Name: 2. IfBidder ieonindividual ora partnership, answer the following: Date of Organization: Paw Park IFB 16/16-25 Project Name: Paw Park — Construction Project Solicitation No.: IBB 15116-25 Name, Address and Ownership Units ofall Partners: State whether general orlimited p: 3. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Bidder is operation under a fictitious nome, submit evidence of compliance with the Florida Fictitious Name Statute. Information attached: *' 5. How many years has the Bidder been in business as o Contractor under its present name? 9; � 8. Under what other former names has the Bidder operated? 7. How many years' experience in construction work has the Bidder had as o Prime Contractor? EL List below information concerning projects the Bidder has completed in the last five (5) years as a Prime Contractor for the type of vvodx required for this project (attach additional sheets as necessary). It is noted that the experience claimed here must be associated with the Bidder named above. The City ofSanford reserves the right to require additional information and to conduct any investigation deemed necessary to evaluate the Bidder. �� ~,^ <A,--, Name of Project Name of Owner Owner Contact Name and Phone No. Construction Contract Amount Major Construction Items Paw Park 1FB 15/16-25 -vation onstruction, Inc. EXAMPLE PROJECT: PROJECT NAME: DSC New Smyrna Building #1 & #2 Renovation OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: January, 2016 ARCHITECT OF RECORD: RLF Architecture 407-730-8600 INITIAL COST OF CONSTRUCTION: $233,800 FINAL COST OF CONSTRUCTION: $236,548 SUMMARY OF WORK: Project consisted of interior renovation of multiple classrooms which includes new Smart Classroom technology. Project was completed over Winter Break in a compressed time schedule. vation onstruction, Inc. EXAMPLE PROJECT: PROJECT NAME: DSC Palm Coast Amphitheater Re - Roofing Project OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: September, 2015 ARCHITECT OF RECORD: ECS -Florida Engineering LLC 407-859-8378 INITIAL COST OF CONSTRUCTION: $149,800 FINAL COST OF CONSTRUCTION: $149,800 SUMMARY OF WORK: The high profile 20,000 sf Palm Coast Amphitheater is over 25 years old and was in desperate need of a new roof. We removed the existing roof and installed a new single ply rubber roof membrane. We also repaired and up- graded the exterior perimeter metal soffit. Work was completed while the campus was occupied. Pvation onstruction, Inc. EXAMPLE PROJECT: PROJECT NAME: DSC New Smyrna Building #1 & #2 Renovation OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: January, 2016 ARCHITECT OF RECORD: RLF Architecture 407-730-8600 INITIAL COST OF CONSTRUCTION: $233,800 FINAL COST OF CONSTRUCTION: $236,548 SUMMARY OF WORK: Project consisted of interior renovation of multiple classrooms which includes new Smart Classroom technology. Project was completed over Winter Break in a compressed time schedule. vation onstruction, Inc. ine CLIENT NAME: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida 32120 OWNER CONTACT Mr. Steve Eckman, Director of Facilities Planning 386-506-3180 Fax: 386-506-33132 eckmans@daytonastate.edu 1. PROJECT NAME: DSC Clocktower and Pedestrian Plaza Project DESCRIPTION: The College hired Ovation Construction to construct a central pedestrian plaza and clocktower in the center of the campus. This improvement serves as a gather- ing space and DSC landmark for the whole campus. CONTRACT AMOUNT: $199,600.00 CURRENT PHASE: Project is complete. COMPLETION DATE: March, 2009 TYPE OF SERVICE PROVIDED: General Contractor OVATION TEAM MEMBERS: Mr. Bert Karpinski, Project Manager Mr. Danny Ware, Superintendent ARCHITECT: DJ Design Services 913 North Nova Road Daytona Beach, Florida 386-255-6987 vation onstruction, Inc. EXAMPLE PROJECT: PROJECT NAME: DSC Palm Coast Amphitheater Re - Roofing Project OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: September, 2015 ARCHITECT OF RECORD: ECS -Florida Engineering LLC 407-859-8378 INITIAL COST OF CONSTRUCTION: $149,800 FINAL COST OF CONSTRUCTION: $149,800 SUMMARY OF WORK: The high profile 20,000 sf Palm Coast Amphitheater is over 25 years old and was in desperate need of a new roof. We removed the existing roof and installed a new single ply rubber roof membrane. We also repaired and up- graded the exterior perimeter metal soffit. Work was completed while the campus was occupied. vation onstruction, Inc. EXAMPLE PROJECT-. PROJECT NAME: DSC Palm Deltona Campus Falcon Student Center Renovation OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: March, 2015 ARCHITECT OF RECORD: BRPH Architecture 407-896-9301 INITIAL COST OF CONSTRUCTION: $101,718 FINAL COST OF CONSTRUCTION: $101,718 SUMMARY OF WORK: We renovated the existing Fal- con Student Center located at the DSC Deltona Campus. Work was performed while the building was occupied. Special care was taken to separate the student population from the construction site. Due to noise restrictions during active classes, much of the work was done after hours. Vation onstruction, Inc. ORANGE COUNTY PUBLIC SCHOOLS EXAMPLE PROJECT: PROJECT NAME: OCPS West Side Tech Barbering & Cosmetology Classroom Renovation OWNER: Orange County Public Schools 6501 Magic Way Orlando, Florida OWNER CONTACT: Mr. John Ebling, Project Manager 321-578-0435 john.ebling@ocps.net DATE OF COMPLETION: August 2014 ARCHITECT OF RECORD: SGM Engineering Mr. Mark Davis, Project Manager 407-767-5188 INITIAL COST OF CONSTRUCTION: $101,000 FINAL COST OF CONSTRUCTION: $103,600 Change Order was for Owner requested Data wir- ing. SUMMARY OF WORK: Renovate multiple classrooms to accommodate the Barbering/Cosmetology Pro- gram for Orange County Public Schools. Renova- tions included new plumbing piping, electrical & data distribution, washer/dryer equipment and inte- rior finishes such as flooring and wall upgrades. Site work included excavations for new power supply wiring and sidewalk modifications. Project had a critical completion date of August for scheduled start of Fall classes. vation onstruction, Inc. EXAMPLE PROJECT: PROJECT NAME: DSC Husseini Center Culinary Arts Classroom Renovation OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: April 2012 ARCHITECT OF RECORD: DJ Design, Inc. Mr. Dana Smith, AIA 386-255-6987 INITIAL COST OF CONSTRUCTION: $156,950 FINAL COST OF CONSTRUCTION: $160,002 SUMMARY OF WORK: Renovate existing classrooms to accommodate additional culinary training. Classrooms were updated to incorporate "smart" classroom technology including smart boards and interactive teaching stations. Renovations includ- ed new walls, flooring, ceiling, MEP upgrades, casework and technology enhancements. vation onstruction, Inc. EXAMPLE PROJECT: PROJECT NAME: DSC Nursing School Patient Simula- tor Laboratory Renovation OWNER: Daytona State College 1200 West International Speedway Boulevard Daytona Beach, Florida OWNER CONTACT: Mr. Steve Eckman, Director 386-506-3107 Fax: 386-506-3045 eckmans@daytonastate.edu DATE OF COMPLETION: September 2013 ARCHITECT OF RECORD: DJ Design, Inc. Mr. Dana Smith, AIA 386-255-6987 INITIAL COST OF CONSTRUCTION: $222,631 FINAL COST OF CONSTRUCTION: $222,631 SUMMARY OFWORK: This project included the total renovation of the Building 321 First Floor for a Nursing Simulator Training Laboratory. We as- sisted in the design to ensure the budget was main- tained and no change orders were encumbered. The Laboratory has compressed air lines, head wall gas and water line connections and a teachers control/observation room for overseeing the stu- dents activities. Project Name: Paw Park - Construction Solicitation No.: IFB 15116-25 Has the Bidder ever failed to complete any work awarded to it? If so, state when, where and why (attach additional sheets as necessary). 14-. 10. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore (attach additional sheets as necessary). MR, 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by the Bidder (attach additional sheets as necessary): JJO ,./ )z 12. What is the Bidders bonding capacity? mil't-10-0 tDO&L-a(R C- 13. What amount of the Bidder's bonding capacity has been used as of the date of this bid? llloe4e 14. State the name of the Surety Company which will be providing the Performance and Payment Bond, and name and address of the Agent: -t A5504— s4AI�x-r)) 17z-. 15. Has the Bidder been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations (attach additional sheets as necessary). klc� The Bidder acknowledges and understands that the information contained in response to this qualifications form shall be relied upon by the City in awarding the contract and such information is warranted by Bidder to be true. The discovery of any omission or misstatement that materially affects the Bidder's qualifications to perform under the contract shall cause the City to reject the bid or proposal, and if after the award to cancel and terminate the award and/or contract. 0t/nazj 60my-SIC-0611aJ Name of Bidder 440-3 Paw Park IFB 15116-25 Project Name: Paw Park - Construction Project Solicitation No.: IFB 15/16-25 (I Signature of �,6thorizled Representative (Affiant) Printed or Typed Naffie and Title of Authorized Representative (Affiant) COUNTY OF xjol,6 STATE OF FLORIDA On this day of MAS 20 iQ before me, the undersigned Notary Public of the State of Florida, personally appeared F�6'PT KAt, whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official sea[. He/she is personally known tome or has produced QQ)140 OcZP56 as identification. ------ — -c- Paw Park 1FB 15116-25 (Notary-Flublic in and f6r the County and State Aforementioned) /-1 My commission expires: h: END OF SECTION 440-4 Project Name: Paw Park Construction Solicitation No.: UFB15/lG-25 SECTION 00450-1 CERTIFICATION OF FACILITIES FORM The Contractor certifies that no segregated facilities are maintained and will not be maintained during the execution ofthis contract mtany ofits establishments. The Contractor further certifies that non* of its employees are permitted to perform their services at any location under the Conicanto/e control during the life of this contract vvhen* segregated facilities are maintained. The Contractor oartUien further that it will not maintain or provide for its employees any segregated facilities at any of its eetabUehrnents, and that he will not permit his employees to pedbnn their services at any |ocotion, under his contno|, where oegoagobad facilities one maintained. As used in this certification, the hamm "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment aoeao, tnanapodaton, and housing teoiUUes provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, onaed, color or national origin, because ofhabit, local custom, orotherwise. The Contractor agrees that (except where it has obtained identical certification from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontract exceeding $10,000 and that it will retain such certifications inits files. OVA-nyo coo 51, Contractor Signaturelpf AutHodzed Representative Printed orTyped Nanleand Title ofAuthorized Representative END OF SECTION Paw Park 1FB 15116-25 Project Name: Paw Park – Construction Project Solicitation No.: IFB 15116-25 SECTION 00452-1 DISPUTES DISCLOSURE FORM Answer the following questions by answering "YES" or "NO". If you answer "YES", please explain in the space provided, please add a page(s) if additional space is needed. Has your firm, or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulation or any other regulatory agency or professional association within the last five (5) years? Oo (YIN) 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? tJo — (Y/N) 3. Has your firm had filed against it or filed any requests for equitable adjustment, contract claims or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? 1,10 (Y/N) Note: If yes, the explanation must state the nature of the request for equitable adjustment, contract claim or litigation, a brief description of the case, the outcome or status of suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of the project identified. OVAT100 60" ST. Firm Signature of &jthorikd Representative Printed or Typed Nam6 and Title of Authorized Representative END OF SECTION Paw Park 1FB 15/16-25 Project Name: Paw Park-Constnucdon Solicitation No.: QFB15hG'25 SECTION 00454-1 DRUG FREE WORKPLACE FORM The undersigned, |naccordanoevvithFk»hdaSbabute287.O87hermbvoertifiemthmtthmnompany named below does: 1. Publish a statement notifying employees that the unlawful n)anuhacture, disthbution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the vvorkp|aoe, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and Employee assistance pnognanna, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are proposed acopy nfthe statement specified initem 1. 4. In the statement specified in item 1, notify the employees that, as a condition of working on the oon)rnodiUea or contractual gen/|oea that are underbid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation ofChapter 803 mrofany controlled substance |evv of the United States or any atate, for a violation occurring in the workplace nVlater than five /5\days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who immqconvicted. 0. Make e good faith effort to continue to maintain a drug-free workplace through implementation ufthis section. Finn Signature of AbthorizE!d Representative Printed or Typed Name afid Title of Authorized Representative END OF SECTION Paw Park 1FB 15/16-25 Project Name: Paw Park — Construction Project Solicitation No.: IFB 15/16-25 SECTION 00456-1 UNAUTHORIZED (ILLEGAL) ALIEN WORKERS AFFIDAVIT The City of Sanford will not intentionally award publicly -funded contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City of Sanford shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A (e) of the INA shall be grounds for immediate termination of this Agreement by the City of Sanford. The Affiant identified below deposes and states that: 1 The below identified Contractor does not and will not during the performance of any contract resulting from the solicitation identified below employ illegal alien workers or otherwise violate the provisions of the federal Immigration Reform and Control Act of 1986. 2. Upon request of the City, it will provide copies of Immigration Form 1-9 for each person associated with the above named company who has been or is present at the designated jobsite associated with any work or project resulting from this solicitation. OVA'rIatJ dViJS7XQ<,T10t-J Contractor I 11 Z I I I Printed or Typed Namd and Title of Authorized Representative (Affiant) COUNTY OF 565irnwot.Z STATE OF FLORIDA On this I U day of M,4 , 20 IC , before me, the undersigned Notary Public of the State of Florida, personally appeared Q��Ut whose na (s) is/are subscribed to the within instrumdrit, and v_/they she/they executed it. WITNESS my hand and official She is acknowledge thatp % personally known to me or has produced f__kZJVAZuP_S L1C9(1_)S151 as identification. t__7__) (Notary -Public in and for the County and State Aforementioned) AL My commission expires: vV Comm JUL28,2=1 Coo= 9 FF 905MM END OF SECTION d cv_ Paw Park 1FB 15116-25 Project Name: Paw Park Construction Project Solicitation No.: IFB15/1G-25 SECTION 00458-1 E4fERIFYCOMPLIANCE AFFIDAVIT The Affiant identified below attests tothe following: That the Contractor is currently incompliance with and throughout the term ofthe above identified project and wilnarnoin incompliance with Executive Order 11-02, issued by the Office of the Governor, State of Florida, requiring the use of the Department of Homeland Security's Status Verification ("E -Verify') System to ensure that all employees of the Contract and the Cordnacboee subcontractors podbnninQ work under the above - listed Contract are |agoUy permitted howork inthe United States. 2. Each Contractor that performs work under the Project referenced above shall provide the City of Sarford. Florida. a copy of the "Edit Company Profile" screen indicating enrollment inthe E-Vnhfy Program. 3. The Contractor will register and participate in the work status warifiootkx1 for all newly hired employees of the contractor and for all subcontractors performing work on the abme'|iutedContract. 4. The Contractor agrees to maintain records of its compliance with the verification requirements as outlined in this Affidavit and, upon request of the any Authority having 'uhodiohnn over the Project, including, but not limited to, the State of Florida, agrees to provide acopy ofeach such verification bothat Authority. 5. That all persons assigned by the Contractor o[its subcontractors to perform work under the above identified project will nxaot the employment eligibility requirements as established by the Federal Government and the government of the State of Florida. U. That the Contractor understands and agrees that its failure to comply with the verification requirements as set forth herein or its failure to ensure that all employees and subcontracts performing work under the above identified projectare legally authorized ho mmd« in the United Stobam and the State of Florida constitute o bn*moh ofcontract for which the Qh/ of Sanford may immediately terminate the Contract without notice and without penalty. Contractor further understands and agrees that in the event ofsuch termination, the Contractor shall be liable to the City for any costs incurred by the City as aresult ofthe Contractors breach. 7. That for the purposes ofthis Affidavit, the following definitions apply: "Employee" — Any person who is hired to perform work in the State of Florida. "Status Verification —the procedures developed under the Illegal Immigration Reform and Immigration Responsibility Act of1BS8. operated by the Departmentof Paw Park 1FB 15116-25 Project Name: Paw Park — Construction Project Solicitation No.: 11713 15/16-25 Homeland Security and known as the "E -Verify Program", or any successor electronic verification system that may replace the E -Verify Program. OVA1104 C/2,231`- Contractor /2,231%Contractor it Signature of k6tkori2ed - I Representative -- - I (Affiant) t55,lZ,T Fw>, Printed or Typed NameandTitle of Authorized Representative (Affiant) COUNTY OF Se-M1JQb6 STATE OF FLORIDA On this 16 day of M , 20 Ko , before me, the undersigned Notary Public of the State of Florida, personally appeared. M6209 KAKIPI O-Z� whose name(s) is/are subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS m hand and official seal. He/She is personally known to me or has produced. t? � vs�Lylr-�,Jsg I as identification. L-4 -��ffiv Paw Park IFB 15116-25 (No'larg-Public in and f6r the County and State Aforementioned) My commission expires: END OF SECTION 00458-2 Project Name: Paw Park — Construction Project Solicitation No.: IFB 15116-25 SECTION 00460-1 AMERICANS WITH DISABILITIES ACT AFFIDAVIT By executing this Certification, the undersigned Contractor certifies that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding the City of Sanford. The Contractor will not discriminate against any employee orapplicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to comply with the m|em, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 etsmq. |tinunderstood that innVevent shall the City of Sanford beheld liable for the actions or omissions of the Contractor orany other party or parties to the Agreement for failure to comply with the AOA. The Contractor agrees to hold hann|enm and indemnify the City of Sanford, its aOente, officers oremployees from any and all u|aimo, demands, debts, UabUihao or causes of action of every kind or character, whether in law or equity, resulting from the Contractor's acts or omissions inconnection with the ADA. Contractor Signature of A�fiorizet Representative (Affiant) Printed or Typed Name 6nd Title of Authorized Representative (Affiant) COUNTYOF STATE OF FLORIDA On this. 1. G day of MALI , 20 --- before me the undersigned Notar pp y Public of the State of Florida, personally a eared hA ?,D tj$�4 lglk� whose name(s) is/are subscribed to the within instrument,' and (W�hefthey acknowledge that he/she/they executed it. WITNESS m hand and official seal. 4Te)She is personally known to me or has produced PIIV60� M—oqS45 I as Public in and for the County and .7te Aforementioned) Mycommission expires: ConamnmppEND OF SECTION Paw Park 1FB 15/16-25 Project Name: Paw Park - Construction Project Solicitation No.: IFB 15/16-25 SECTION 00462-1 FINANCIAL INFORMATION FORM If requested by the City of Sanford, the following information is to be provided by the Bidder as part of the City's evaluation of the Bidder after Bids have been received by the City: 1. Bank References: Name of Bank Bank Address Contact Name and Title Contact Phone No. F,J«,c .:;rjotj 5 V6A"V— _AdOgkA / / /3 tgy 13bvo 3,ns- 19C40 -4K MANA24rA SNAV1 4y 0 -7 --3 6,5- 2. Attach a financial statement including Bidder's latest balance sheet and income statement showing the following items: A. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses). B. Net Fixed Assets C. Other Assets D. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes) Paw Park 1F8 15/16-25 Project Name: -Paw Park - Construction Project Solicitation No.: |FB15MG-25 E. Other Liabilities (e.g., caoitm|, capital stock, authorized and outstanding mhanao par values, earned surplus, and retained F. State the name Vfthe firm preparing the financial statement and date thereof. NOGO)(Epnl q i0^4VIS/ 69A'S EL This financial statement must be for the identical organization named on page one. If not, explain the relationship and financial responsibility of the organization vvhooa financial statement is provided /e.g., panard' subsidiary). Please note, that the City of Sanford reserves the right to reject financial statement(s) submitted bvother than the organization named onpage one. 3` State the names and addresses of all businesses and/or individuals who own an interest of more than five percent /5%\ of the Bidde/s business and indicate the percentage owned of each such business and/or individual: Name Address Percentage Owned Representative Printed or Typed 1`4ar�e and Title of Authorized Representative END OF SECTION 00462-2 Paw Park 1FB 15/16-25 4:18 PM OVATION CONSTRUCTION COMPANY 05/20116 Balance Sheet Accrual Basis As of May 20, 2016 Total Current Assets 1,084,617.15 Fixed Assets May 20,16 ASSETS -315.00 Current Assets -2,526.00 Checking/Savings 6,086.40 Charles Schwab 6667 26,501.33 Money Market 75,000.00 Regions Bank 461,569.43 Total Checking/Savings 563.070.76 Accounts Receivable 315.00 Accounts Receivable 184,690.39 Total Accounts Receivable 184,690.39 Other Current Assets 42,136.86 Cost & Estimated Earnings In Ex 336,856.00 Total Other Current Assets 336.856.00 Total Current Assets 1,084,617.15 Fixed Assets Accumulated Amortization -315.00 Accumulated Depreciation -2,526.00 Computer & Other Office Equip 6,086.40 Construction in Progress 0.36 Furniture and Equipment 5,330.87 Home Office Construction 2,392.39 KIA 28,041.84 Organizational Costs 315.00 Pre -paid Bond 232.50 Total Fixed Assets 39,558.36 TOTAL ASSETS 1,124,175.51 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable Accounts Payable 40,563.71 Total Accounts Payable 40,563.71 Other Current Liabilities Billings in Excess of Cost 1,573.00 Loan from Albert 0.15 Total Other Current Liabilities 1,573.15 Total Current Liabilities 42,136.86 Total Liabilities 42,136.86 Equity Additional Paid in Capital 109,982.00 Capital Stock 200.00 Distributions -12,988.58 Owner Contribution 15,000.00 Retained Earnings 537,427.36 Shareholder Distributions -45,492.77 Valuation Allowance-Unrealize -7,253.00 Net Income 485,163.64 Total Equity 1,082,038.66 TOTAL LIABILITIES & EQUITY 1,124,175.51 Page 1 4:21 PM OVATION CONSTRUCTION COMPANY 05/20/16 Profit & Loss Accrual Basis January 1 through May 20, 2016 Jan I - May 20, 16 Ordinary Income/Expense Income 10,786.20 Construction Income 1,665,991.67 Total Income 1,665,991.67 Cost of Goods Sold 650.00 Construction Materials Costs 22,698.10 Permits 4,074.86 Subcontractor Expense Emloyee 17,918.52 Subcontractors Expense 1,025,685.19 Total COGS 1,070,376.67 Gross Profit 595,615.00 Expense Auto and Truck Expenses 10,786.20 Bank Service Charges 163.47 Business Licenses and Permits 4,411.92 Charitable Contributions 650.00 Computer/ Internet Expense 597.12 Continuing Education 149.00 Dues and Subscriptions 126.00 Employee Leasing 53,431.15 Faxes 47.80 Insurance Expense Automobile 712.00 Health Insurance 2,944.72 Life Insurance 4,863.36 Total Insurance Expense 8,520.08 Interest Expense -219.72 Licenses 288.75 Marketing 1,757.13 Meals and Entertainment 511.66 Office Supplies/Equipment 839.67 Postage and Delivery 259.63 Professional Fees 7,677.50 Reimbursement 194.90 Rent Expense 4,312.08 Repairs and Maintenance 129.95 Retirement Plan Expense 13,000.00 Telephone Expense 1,727.73 Travel Expenses 197.58 Utilities 155.46 Total Expense 109,615.06 Net Ordinary Income 485,999.94 Other IncomelExpense Other Expense Ask My Accountant 836.30 Total Other Expense 836.30 Net Other Income -836,30 Net Income 485,163.64 Page 1 Project Name: Paw Park - Construction Project Solicitation No.: lFB 15/16-25 SECTION 00463-1 TRENCH SAFETY STATEMENT Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the cost of compliance with the applicable trench safety standards as follows: Trench Safety Measure (Description) Units of Measure (LF, SY) Unit Quantify Unit Cost Extended Cost A. 1_Ke4__15k_1 Lr-: 7 -Co 7_�oo B. C. D. TOTAL: NOTE: The total cost shown herein is already included in the various items in the Total Bid Price in the Contractor's Proposal and is not additional to the pricing shown on the Bid Form. Bidder, by signature below, assures that the contractor performing trench excavating will comply with the applicable Trench Safety Standards. Failure to complete the above and submit with the Bid Form along with other required bidding documents, may result in bid being declared non- responsive. Submitted, signed and sealed this r day of HAJ 2015. TURF By: FF�S' Printed Name Title �Z51 FLAZA Ue, QV16boi)EL, 37;"(Or Business Address Paw Park IFB 15/16-25 Project Name: Paw Park - Construction Project Solicitation No.: IFB 15/16-25 ATTEST: Signature Seal NOTE: If the Contractor intends to install pipe by some other method than trenching under the definitions found in the Florida Trench Safety Act (90-96, Laws of Florida), he shall so indicate by outlining in the space provided below the method he proposes and how it will comply with the Florida Trench Safety Act and related OSHA Standards for the Owner's evaluation. The Cost of accomplishing the work by any alternate methods to trenching is included in the bid prices shown in the Contractor's Proposal. Outline of Alternate Method: Submitted, signed and sealed this. 1 F-7 day of j+M!f) 201 to WINA By: me�5' Printed Name Title I�LA-Ll& Business Address F-ft-W&A-4 Signature END OF SECTION Paw Park IFB 15/16-25 Seal