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2393 IFB 19/20-85 Parthenon Constr Co-Elm Ave & 26th St Sidewalk/Drainage ImprovementsXI, I FINANCE DEPARTMENT Wednesday, December 01, 2021 `Co: City Clerk RE: IFB 19/20-85 Panthenon Construction Co. Elm Ave & 26th St. Sidewalk & Drainage Improvements The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies F� Special Instructions: From T:\Dept_forms\City Clerk Transmittal Memo - 2009.doc 1 -Dec -21 Date SECTION 00620 AGREEMENT FORM PART GENERAL 1.01 THIS AGREEMENT, made and entered into theN 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 Parthenon Construction Company_, whose principal and local address is 105 W. 7th Street, Orlando, FL 32824 , hereinafter referred to as to as the "CONTRACTOR". The CITY and the CONTRACTOR are collectively referred to herein as the Parties. 1.02 The Owner and Contractor Agree as Follows: A. The Contract Documents include the Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications listed in the Index to the Manual, any technical specifications as incorporated by the Project Manual; the Drawings as listed in the Project Manual, all Written Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's written interpretations and clarifications issued on or after the Effective Date of this Agreement, and all documents which are fully a part of the Contract with the City are identified by title and number as set forth below and are available for review at and downloading from the City's Web site (site in full) and all documents are agreed to be incorporated into the Contract as if physically attached to the Contract and are, further, agreed to be incorporated into the Contract as if fully set forth therein verbatim. The Contract Documents include: 1. Executed, Section 00520 - Agreement Form. 2. The Project Manual. Note the Index (starting on page number 00001-1 of the Project Manual) includes all instructions, terms, general and supplemental conditions, bid documents, plans, prints and specifications pertaining to the Project. 3. Addenda Applicable to the Bid 4. Contractor's Bid, 00410. 5. Performance Bond, 00605. 6. Payment Bond, 00610 7. Material and Workmanship Bond, 00615. 8. Non -Collusion Affidavit, 00432 9. Conflict of Interest Affidavit, 00434 10. Florida Statutes on Public Entities Crime Affidavit, 00436 11. Compliance With the Public Records Law Affidavit, 00438 12. Bidder Qualification Affidavit, 00440 13. Certification Of Non -Segregated Facilities (Executed Form), 00450 Elm Avenue & 26th Street Sidewalk & Drainage Improvements 1FI3 19/20-85 00520-1 AGREEMENTFORM 14. Disputes Disclosure (Executed Form), 00452 15. Drug Free Workplace (Executed Form), 00454 16. Unauthorized (illegal) Alien Workers Affidavit, 00456 17. E -Verify Compliance Affidavit, 00458 18. Americans With Disabilities Act Affidavit, 00460 19. Financial Information (Executed Form) (If Required by City), 00462 20. Insurance Certificate(s) 21. Notice of Award, 00510 22. Criminal Background Check Requirements (if Required for Project by City), 00470 23. Notice to Proceed, 00530. 24. Consent of Surety to Final Payment (Executed Form), 00617. 25. Contractor's Application for Payment (Executed Forms), 00625, 26. Certificate of Substantial Completion, 00626. 27. Certificate of Final Completion, 00627. 28. Contractor's Partial Release of Lien (Executed Forms), 00640. 29, Contractor's Release of Lien (Executed Form), 00645. 30. Subcontractor's Partial Release of Lien (Executed Forms), 00644. 31. Subcontractor's/Supplier's Release of Lien Final and Complete (Executed Form), 00645. 32. Project Field Order (Executed Form), 00840. 33. Work Directive Change (Executed Form), 00845. 34. Change Order (Executed), 00850. 35. Additional document(s) that are not specifically listed in Paragraph 1.02.A.1 through 1.02.A.36, but which are included in the Project Manual and any additional documents agreed upon by the Parties shall be included as a part of the Contract. These documents form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. As the documents indicated above are executed, the date of final execution and initials of the individual who received the executed document(s) is to be added to the blank next to the listed document(s) when processed and made a part of the City's official set of Contract Documents. B. Scope of Work The Contractor shall perform all Work required by the Contract Documents for the construction of the Elm Avenue and 26th Street Sidewalk and Drainage Improvements (IFB No. 19/20-85). C. Contract Time The Contractor shall begin Work after the issuance of a written Notice to Proceed from Owner and shall substantially complete the Work within the Contract Time identified in Paragraphs 1.02.C.5 of the Bid Form, which is 180 calendar days. The Work shall be finally complete, ready for Final Payment in accordance with the General Conditions, within 30 calendar days from the actual date of substantial completion. Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-2 D. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph C above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the Work is substantially complete. It is agreed that if this Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth (%) of the rate set forth above. E. Contract Price Unit Price Contract The Owner will pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order, and subject to the Measurement and Payment Provisions, and subject to actual constructed quantities; the Total Contract Price of Dollars ($ 178,880.00 ). Payments will be made to the Contractor basis of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully a part of the Contract as if attached or repeated herein. F. City of Sanford Tax Recovery The CONTRACTOR shall cooperate with the CITY in the implementation of the CITY's tax recovery program and, to that end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value of each application for payment shall be equal to the total value of the Work performed to date, less an amount retained, and less payments previously made and amounts withheld in accordance with the General Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM 1F13 19/20-85 00520-3 Conditions and Supplementary Conditions. Retainage for this Project is 10%, to be held by Owner as collateral security to ensure completion of Work. When the Work is 50 percent complete, defined as being 50 percent complete based on the construction progress schedule as updated during construction, and expenditure of at least 50 percent of the total updated construction cost, retainage shall be reduced in accordance with State law. Engineer The Project has been designed by Neel -Schaffer Inc., referred to in the documents as the Engineer. J. Additional Terms and Conditions The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high-quality goods and/or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. 3. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providers to provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/they is/are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-4 (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of the CITY for any purpose, or in any manner, whatsoever. The CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agreement. 8. Persons employed by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the CITY's officers and employees either by operation of law or by the CITY. 9. No claim for goods and/or services furnished by the CONTRACTOR not specifically provided for herein shall be honored by the CITY. 10. Execution of this Agreement by the CONTRACTOR is a representation that the CONTRACTOR is familiar with the goods and/or services to be provided and/or performed and with local conditions. The CONTRACTOR shall make no claim for additional time or money based" upon its failure to comply with this Agreement, The CONTRACTOR has informed the CITY, and hereby represents to the CITY, that it has extensive experience in performing and providing the services and/or goods described in this Agreement and that it is well acquainted with the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements a. Under this paragraph 11, the term "CONTRACTOR'S employees" shall include CONTRACTOR'S agents, employees and SUBCONTRACTORS extending to SUBCONTRACTORS agents and employees. b. The CONTRACTOR shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all services furnished by the CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR employees, when on City property or Work sites, to wear identification badges at all times which, at a minimum, provides the name of the employee and the CONTRACTOR. C. The CITY reserves the right to require the CONTRACTOR to provide to the CITY a list of employees working on the project. Also, the list shall include employee working days, times and assignments within forty-eight (48) hours of the CITY's written request for such information. This information will be reviewed, Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1F13 19/20-85 00520-5 screened and verified by the CITY, prior to the employees of the CONTRACTOR entering the CITY's premises and/or work sites. d. The CONTRACTOR shall comply with Section 00525 concerning criminal background check requirements of the employees of the Contractor and Subcontractors. e. In the event employees of the Contractor and Subcontractor do not qualify to Work on the Project due to A) Failure to have the required criminal background check reports submitted to the City by the FDLE; or B) Unsatisfactory background check reports on employees; then those employees will be disqualified by the City, and those disqualified employees will not be allowed to Work on the Project. Disqualification of employees to Work on the Project is a non -excusable delay to the Contract for which the City will not grant a Contract Time extension. f. Additionally, the CITY may request and the CONTRACTOR shall provide the name, address and social security number and licenses (driver's, commercial drivers license or CDL, or other operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the CITY's premises in positions found by the City to be critical to the security and/or public safety of the CITY by reason of access to any publicly owned or operated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the release of their address, social security number and/or licenses they shall not be allowed to work or continue to work in such critical positions. g. The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods and/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and any and all other services of whatever type or nature furnished by the CONTRACTOR under this Agreement. The CONTRACTOR shall, without additional compensation, correct or revise any errors or deficiencies in his/her/its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The CONTRACTOR's submissions in response to the subject bid or procurement processes are incorporated herein by this reference thereto. 12. Neither the CITY's review, approval or acceptance of, nor payment for, any of the goods and/or services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the CONTRACTOR shall be and remain liable to the CITY in accordance with applicable law for all damages to the CITY caused by the CONTRACTOR negligent or Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM IFB 19/20-85 00520-6 improper performance or failure to perform any of the goods and/or services furnished under this Agreement. 13. The rights and remedies of the CITY, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 14. Time is of the essence in the performance of all goods and/or services provided by the CONTRACTOR under the terms of this Agreement. 15. Invoices, which are in an acceptable form to the CITY and without disputable items, which are received by the CITY, will be processed for payment within thirty (30) days of receipt by the CITY. 16. The CONTRACTOR will be notified of any disputable items contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt by the CITY with.an explanation of the deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained in the CONTRACTOR's invoices. 18. Each invoice shall reference this Agreement, the 'appropriate billing period. 19. The Florida Prompt Payment Act shall apply when applicable. A billing period represents the dates in which the CONTRACTOR completed goods and/or services referenced in an invoice. 20. Invoices are to be forwarded directly the City's designated CEI representative, as identifed at the preconstruction meeting, for review and processing. 21. CITY designates the City Manager or his/her designated representative, to represent the CITY in all matters pertaining to and arising from the Work and the performance of this Agreement. 22. The City Manager, or his/her designated representative, shall have the following responsibilities: a. Examination of all Work and rendering, in writing, decisions indicating the CITY's approval or disapproval within a reasonable time so as not to materially delay the Work of the CONTRACTOR; b. Transmission of instructions, receipt of information, and interpretation and definition of CITY's policies and decisions with respect to design, materials, and other matters pertinent to the Work covered by this Agreement; C. Giving prompt written notice to the CONTRACTOR whenever the CITY official representative knows of a defect or change necessary in the Project; and Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM IFB 19/20-85 00520-7 d. Coordinating and managing the CONTRACTOR's preparation of any necessary applications to governmental bodies, to arrange for submission of such applications. 23. Until further notice from the City Manager the designated representative for this Agreement is: Jeff Davis, Project Manager Public Works Department City of Sanford P.O. Box 1788 Sanford, Florida 32772 24. CITY may terminate this Agreement for convenience at any time or for any one (1) or more of the reasons as follows: a. If, in the CITY's opinion, adequate progress is not being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the CITY's opinion, the quality of the goods and/or services provided by the CONTRACTOR is/are not in conformance with commonly accepted professional standards, standards of the CITY, and the requirements of Federal and/or State regulatory agencies, and the CONTRACTOR has not corrected such deficiencies in a timely manner as reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTRACTOR, is indicted or has a direct charge issued against him for any crime arising out of or in conjunction with any Work that has been performed by the CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or makes an assignment for the benefit of creditors; or e. The CONTRACTOR violates the Standards of Conduct provisions herein or any provision of Federal, State or local law or any provision of the CITY's Code of Conduct. 25. In the event of any of the causes of termination, the CITY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures to be made within a reasonable time is not given to the CITY within seven (7) calendar days of the date of the letter, the CITY may consider the CONTRACTOR to be in default, and may then immediately terminate this Agreement. 26. In the event that this Agreement is terminated for cause and it is later determined that the cause does not exist, then this Agreement or the Purchase/Work Order shall be deemed terminated for convenience by the Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00620-8 CITY and the CITY shall have the right to so terminate this Agreement without any recourse by the CONTRACTOR. 27. The CONTRACTOR may terminate this Agreement only if the CITY fails to pay the CONTRACTOR in accordance with this Agreement. 28. Notwithstanding any other provision of this Agreement, the CITY shall have the right at any time to terminate this Agreement in its entirely without cause, if such termination is deemed by the CITY to be in the public interest, in writing of deficiencies or default in the performance of its duties under the Agreement and the CONTRACTOR shall have ten (10) days to correct same or to request, in writing, a hearing. Failure of the CONTRACTOR to remedy said specified items of deficiency or default in the notice by either the CITY's designated representative within ten (10) days of receipt of such notice of such decisions, shall result in the termination of the Agreement, and the CITY shall be relieved of any and all responsibilities and liabilities under the terms and provisions of the Agreement. 29. The CITY shall have the right to terminate this Agreement without cause with a sixty (60) day written notice to the other party. The CITY reserves the right to. terminate any Agreement for cause with a five (5) day written notice to the CONTRACTOR. Notice shall be served to the parties as. specified in the Agreement. 30. In the event that this Agreement is terminated, the CITY shall identify any specific Work to be continued to completion pursuant to the provisions of this Agreement. 31. In the event that after the CITY termination for cause for failure of the CONTRACTOR to fulfill its obligations under this Agreement it is found that the CONTRACTOR has not so failed, the termination shall be deemed to have been for convenience and without cause. 32. In the event this Agreement is terminated or canceled prior to final completion without cause, payment for the unpaid portion of the services provided by the CONTRACTOR to the date of termination and any additional services shall be paid to the CONTRACTOR. 33. Upon receipt of notice of termination, given by either party, the terminated party shall promptly discontinue the provision of all goods and/or services, unless the notice provides otherwise. 34. The performance or provision of the CONTRACTOR's goods and/or, services under this Agreement may be suspended by the CITY at any time. 35. In the event the CONTRACTOR CONTRACTOR Elm Avenue & 261h Street Sidewalk & Drainage Improvements 1FB 19/20-85 CITY suspends the performance or provision of the services hereunder, the CITY shall so notify the in writing, such suspension becoming effective within 11 1 AGREEMENT FORM seven (7) days from the date of mailing, and the CITY shall pay to the CONTRACTOR within thirty (30) days all compensation which has become due to and payable to the CONTRACTOR to the effective date of such suspension. The CITY shall thereafter have no further obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the CITY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and/or services of the CONTRACTOR called for hereunder are to be resumed by the CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CONTRACTOR's provision of goods and/or services hereunder are to be resumed, the CONTRACTOR shall continue to provide the services to the CITY. 37. The CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for training, including apprenticeship. The CONTRACTOR, moreover, shall comply with all the requirements as imposed by the Americans with Disability Act, the regulations of the Federal government issued thereunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, negligent act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or subCONTRACTORs. Additionally, the CONTRACTOR accepts responsibility for all damages resulting in any way related to the performance of Work. In no event, shall either party be responsible or liable to the other for any incidental, consequential, or indirect damages, whether arising by contract or tort. b. In accordance with Section 725.06, Florida Statutes, adequate consideration has been provided to the CONTRACTOR for this Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM lFB 19/20-85 00520-10 obligation, the receipt and sufficiency of which is hereby. specifically acknowledged. C. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the CITY as set forth in Section 768.28, Florida Statutes. d. In claims against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subCONTRACTORs, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or its agents or subCONTRACTORs, under Workers Compensation acts, disability benefits acts, or other employee benefit acts. e. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provided, however, that the CONTRACTOR must also comply with the provisions of this Agreement relating to insurance coverage. f. The CONTRACTOR shall submit a report to the CITY within twenty-four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in a claim of damage. 39. The CONTRACTOR shall obtain or possess and continuously maintain the insurance coverage as set forth and required in the bid documents. 40. All insurance other than Workers Compensation and Professional Liability that must be maintained by the CONTRACTOR shall specifically include the CITY as an additional insured. 41. The CONTRACTOR shall provide Certificates of Insurance to the CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval by the CITY nor failure to disapprove the insurance furnished by a CONTRACTOR shall relieve the CONTRACTOR of the CONTRACTOR's full responsibility for performance of any obligation including the CONTRACTOR's indemnification of the CITY under this Agreement. If, during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall, as soon as the CONTRACTOR has knowledge of any such circumstance, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as the CONTRACTOR has replaced the unacceptable insurer Elm Avenue & 261" Street Sidewalk & Drainage Improvements AGREEMENT FORM lFB 19/20-85 00520-11 with insurance acceptable to the CITY, the CONTRACTOR shall be deemed to be in default of this Agreement. 42. The insurance coverage shall contain a provision that requires that prior to any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of a new Certificate of Insurance. 43. The CONTRACTOR shall furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the type, amount and classification required by this Agreement. 44. Nothing in this Agreement or any action relating to this Agreement shall be construed as the CITY's waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The CITY shall not be obligated or liable under the terms of this Agreement to any party other than the CONTRACTOR. There are no third party beneficiaries to this Agreement. 46. The CONTRACTOR is an independent contractor and not an agent, representative, or employee of the CITY. The CITY shall have no liability except as specifically provided in this Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance or self-insurance maintained by the CITY. 48. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that the CONTRACTOR has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working- solely orkingsolely for the CONTRACTOR, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of making this Agreement. 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, sex, or national origin in the performance of Work under this Agreement or violate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed (in writing) conflict of interest exists with respect to the Agreement, including, but not limited to, any conflicts that may be due to representation of other clients, customers or vendees, other contractual relationships of the CONTRACTOR, or any interest in property that the CONTRACTOR may have. The CONTRACTOR further certifies that any conflict of interest that arises during the term of this Agreement shall be immediately Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-12 disclosed in writing to the CITY. Violation of this Section shall be. considered as justification for immediate termination of this Agreement. 51. The CONTRACTOR shall ensure that all taxes due from the CONTRACTOR are paid in a timely and complete manner including, but not limited to, occupational license tax. 52. If the CITY determines that any employee or representative of the CONTRACTOR is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct pursuant to any assignment or Work performed under this Agreement, the CITY shall so notify the CONTRACTOR, in writing. The CONTRACTOR shall immediately remove such employee or representative of the CONTRACTOR from such assignment. 53. The CONTRACTOR shall not publish any documents or release information regarding this Agreement to the media without prior approval of the CITY. 54. The CONTRACTOR shall certify, upon request by the CITY, that the CONTRACTOR maintains a drug free workplace policy in accordance with Section 287.0878, Florida Statutes. Failure to submit this. certification may result in termination. 55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action may result in termination by the CITY. The CONTRACTOR shall provide a certification of compliance regarding the public crime requirements set forth in State law upon request by the CITY. 56. The CITY reserves the right to unilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the CONTRACTOR in conjunction, in any way, with this Agreement. 57. The CONTRACTOR shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. 58. The CITY will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The CITY shall consider the employment by the CONTRACTOR of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this Agreement by the CITY. Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-13 59. The CONTRACTOR agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the CITY. The CONTRACTOR agrees that any program or initiative involving the Work that could adversely affect any personnel involved, citizens, residents, users, neighbors or the surrounding environment will ensure compliance with any and all employment safety, environmental and health laws. 60. The CONTRACTOR shall ensure that all goods and/or services are provided to the CITY after the CONTRACTOR has obtained, at its sole and exclusive expense, any and all permits, licenses, permissions,. approvals or similar consents. 61. If applicable, in accordance with Section 216.347, Florida Statutes, the CONTRACTOR shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. 62. The CONTRACTOR shall advise the CITY in writing of it who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 63. The CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of that actions of any CITY employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part 111, Chapter 112, Florida Statutes, relating to ethics in government. 64. The CONTRACTOR shall maintain books, records, documents, time and costs accounts and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. 65. The CONTRACTOR shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of the provision or performance goods and/or services under this Agreement and date of final payment for said goods and/or services, or date of termination of this Agreement. 66. The CITY may perform, or cause to have performed, an audit of the records of the CONTRACTOR before or after final payment to support final payment under any Purchase/Work. Order issued hereunder. This audit shall be performed at a time mutually agreeable to the CONTRACTOR and the CITY subsequent to the close of the final fiscal period in which goods and/or services are provided or performed. Total compensation to the CONTRACTOR may be determined subsequent to an audit as provided for in this Section, and the total compensation so Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM IFB 19/20-85 00520-14 determined shall be used to calculate final payment to the CONTRACTOR. Conduct of this audit shall not delay final payment as required by this Section. 67. In addition to the above, if Federal, State, County, or other entity funds are used for any goods and/or services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or the County of Seminole, or any representatives, shall have access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to goods and/or services provided or performed under this Agreement for purposes of making audit, examination, excerpts, and transcriptions. 68. In the event of any audit or inspection conducted reveals any overpayment by the CITY under the terms of the Agreement, the CONTRACTOR shall refund such overpayment to the CITY within thirty (30) days of notice by the CITY of the request for the refund. 69. The CONTRACTOR agrees to fully comply with all State laws relating to public records. 70. The CONTRACTOR agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. 71. The CONTRACTOR shall not sublet, assign or transfer any interest in this Agreement, or claims for the money due or to become due out of this Agreement to a bank, trust company, or other financial institution without written CITY approval. When approved by the CITY, written notice of such assignment or transfer shall be furnished promptly to the CITY. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a subcontract. Subcontractor information shall include, but not be limited to, State registrations, business address, occupational license tax proof of payment, and insurance certifications. 73, The CONTRACTOR shall coordinate the provision of goods and/or services and Work product of any CITY approved subcontractors, and remain fully responsible for such goods and/or services and Work under the terms of this Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR's duties commensurately with the CONTRACTOR's duties to the CITY under this Agreement, it being understood that nothing herein shall in any way relieve the CONTRACTOR from any of its duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies of all subcontracts. Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-15 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, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. 80. This Agreement, together with the exhibit(s), if any, constitutes the entire integrated Agreement between the CITY and the CONTRACTOR and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. 81. This Agreement may only be amended, supplemented or modified by a formal written amendment. 82. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 83. Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The CONTRACTOR agrees not to claim any waiver by CITY of such notice requirements based upon CITY having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure c1 the CONTRACTOR to comply with the express written notice requirements herein. Computer Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM IFB 19/20-85 00520-16 notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. 84. The failure of the CITY to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the CITY hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 85. In no event shall any obligation of the CITY under this Agreement be or constitute a general obligation or indebtedness of the CITY, a pledge of the ad valorem taxing power of the CITY or a general obligation or indebtedness of the CITY within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the right to compel the exercise of the ad valorem taxing power of the CITY. 87. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and in no way, define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. 89. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 90. All provisions of this Agreement shall be read and applied in para materia with all other provisions hereof. 91. In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. 92, The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM IFB 19/20-85 00520-17 procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. 93. In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 94. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written CONTRACTOR: Name of Firm L k By,�n��_�.wa� ature) Date Printed Name and Title ATTEST By (Signature) Date Print -d Name and Title OWNER - Hrintea Name and I itie By (Signature) Date Traci Houchin, City Clerk Printed Name and Title Approved as to f -15"o- I cc City Attorney END OF SECTION (SEAL) Elm Avenue & 26th Street Sidewalk & Drainage Improvements AGREEMENT FORM IFB 19120-85 00520-19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. �.-M- U C., Name of Firm By (Signature) Date (SEAL) Printed Name and Title ATTEST: By (Signature) Date Printed Name and Title M — / # -e- ( �- FO By I Katurel)/ DateQ MAP 77 PIT, Art Woodruff, Mayor Printed Name and Title ATTEST: By (Sign "A)tMo Date Traci H( Printed Name and Title Approved as to form and legal sufficiency. William L. Colbert Date City Attorney END OF SECTION Elm Avenue & 261h Street Sidewalk & Drainage Improvements AGREEMENT FORM 1FB 19/20-85 00520-19 Schuller Contractors Incorporated: $276,172.00 Stage Door 11, Inc.: $291,611.00 Cathcart Construction Company -Florida LLC: $298,752.30 Estep Construction Inc.: $299,063.00 W.T. Comp Inc.: $371,826.00 Masci General Contractor, Inc.: $454,522.65 The bidder listed and associated with an * could not be located on the Florida Department of State's Sunbiz Web site. Parthenon Construction Company is being proposed to be awarded the contract for the bid as the lowest responsive and responsible bidder. All subsequent implementing procurement activity will be implemented in accordance with City Purchasing Policies and Procedures and associated legal requirements. LEGAL REVIEW: The Assistant City Attorney has reviewed this matter, prepared the budget resolution, and has no legal objection to the actions when implemented in accordance with City Purchasing Policies and Procedures with a contract being drafted in accordance with controlling law by appropriate personnel. The City Assistant City Attorney also provided other comments to City staff as to this matter. RECOMMENDATION: City staff recommends that the City Commission approve Resolution No, 2932, to amend the budget in an amount not to exceed $178,880, award bid IFB 19/20/85, and procurement to Parthenon Construction Company of Orlando for the Elm Avenue and 200 Street Sidewalk and Drainage Improvements Project. SUGGESTED MOTION: "I move to approve Resolution No. 2932, to amend the budget in an amount not to exceed $178,880, award bid IFB 19/20/85, and procurement to Parthenon Construction Company of Orlando for the Elm Avenue and 26"' Street Sidewalk and Drainage Improvements Project." Attachments: (1). Bid opening minutes and engineer's recommendation. (2). Budget amendment resolution. 2 1 17 ' '', - -- Resolution No. 2932 A Resolution of the City of Sanford, Florida, amending the City's annual operating budget for the fiscal year beginning October 1, 2020 and ending September 30, 2021; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability and providing for an effective date. Whereas, the Commission of the City of Sanford, Florida has adopted an annual operating budget for the fiscal year beginning October 1, 2020 and terminating on September 30, 2021 specifying certain projected revenues and expenditures for the operations of Sanford municipal government; and Whereas, the City's budget presumes that each department generally will, to the best of their ability, maintain its expenditures within its allocated budgeted level and exercise prudence in expending funds during the course of the City's fiscal year; and Whereas, from time -to -time circumstances and events may require that the original City budget may need revision; and Whereas, the City Commission, in its judgment and discretion, has the authority to adjust the budget to more closely coincide with actual and expected events. Now, therefore, be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Adoption of Budget Amendment. The annual operating budget of the City of Sanford for the fiscal year beginning October 1, 2020 and terminating on September 30, 2021 is hereby revised and amended by Attachment "A". The Attachment is hereby incorporated into this Resolution as if fully set forth herein verbatim. Except as amended herein, the annual operating budget for the City of Sanford for fiscal year beginning October 1, 2020 and terminating on September 30, 2021 shall remain in full force and effect. Section 2. Implementing administrative actions. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed necessary and appropriate. Section 3. Savings. The prior actions of the City of Sanford relating to the adoption of the City budget and related activities are hereby ratified and affirmed. Section 4. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Effective Date. This Resolution shall become effective immediately upon enactment. 21 Passed and adopted this 8th day of February, 2021. Attest: City Commission Sanford Traci Houchin, MMC, FCRM �-/Art City Clerk For use and reliance of the Sanfo City Commission only. Approved as to form and legality. William Colbert, City Attorney of the City of REQUEST FOR BUDGET AMENDMENT Fiscal Year Department: Public Works Division: Stormwater Date: 1/2012021 CHANGES IN REVENUES RFVENUE ACCOUNT NUIABrA Current Current Aroo.rit of Adjusted Fund Revenue, AotCd El,� Project X Ro,,olue Account Title Budget Unrealized (Budgell Cluing. Unreala.d 402 0000 189 -98-00 SW2101 ctormwater neeZs $ $ 178,880 $ 178,880 TOTAL CHANGES IN REVENUES $ 178,880 CHANGES IN EXPENDITURES EXPENDITURE ACCOUNT NUtABER Cur,crit current Arnount of Reirituning fund Option, Activity Obi E10 Project 9 Expenditure, Account Title Budget Ba ame Change Saj-w 402 404-6 641 63 00 SW21101F--�ftormwater needs $ 178,880 $ 1-78.-88- 0 -- TOTAL CHANGES IN EXPENDITURES FALSE REASON FOR AMENDMENT: Budget for Elm Avenue Drainage DIRECTOR APPROVAL: DATE: FINANCE APPROVAL: DATE: CITY COMMISSION AGENDA DATE:— 8 -Feb -21 APPROVED?_ Y Entry Date: Batch Number: Document #: 112012021 NEEL-SCHAFFER engineers IUL Solutions you can build upon planners Huffman Inc. DBA NuWave Concrete surveyors January 20, 2021 environmental ThadCon, LLC scientists Schuller Contractors Incorporated landscape Stage Door 11, Inc architects Mr. Jeff Davis $298,752.30 Project Manager - Public Works $299,063.00 City of Sanford $371,826.00 300 N. Park Ave. $454,522.65 Sanford, FL 32771 Re: ELM AVENUE AND 26TH STREET SIDEWALK AND DRAINAGE IMPROVEMENTS PUBLIC WORKS DEPARTMENT CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA Dear Jeff: On January 7, 2021, the City of Sanford received sealed construction bids for the above referenced project from eleven (11) contractors. The eleven (11) bids received by the City of Sanford Purchasing Division are listed below. The Engineer's Estimate of Probable Cost is $248,000.00. Parthenon Construction Co. $178,880.00 Affordable Development/Driveways Inc $206,161.62 Huffman Inc. DBA NuWave Concrete $239,891.00 Anicon Development Group LLC $245,227.00 ThadCon, LLC $247,700.00 Schuller Contractors Incorporated $276,172.00 Stage Door 11, Inc $291,611.00 Cathcart Construction Company -Florida LLC $298,752.30 Estep Construction Inc $299,063.00 W.T. Comp Inc $371,826.00 Masci General Contractor, Inc $454,522.65 The attached certified tabulation of bids represents a summary of the lump sum price bid totals by the prospective bidders. Based on a review of the information provided to us, there were two irregular bids in which the contractors' base bid amounts listed on the bid form did not equal the tally of their individual bid items listed on the bid breakout forms. Affordable Development/Driveways Inc. indicated a total base bid of $206,161.62 whereas the total of their base bid breakout items equaled $206,161.64, a difference of $0.02. Masci General Contractors, Inc. indicated a total base bid of $454,522.65 whereas the total of their base bid breakout items equaled $468,302.65, a difference of $13,780.00. In addition, one bid was disqualified, Amcon Legacy Group LLC, due to an incomplete Bid Price Schedule where the unit price was not included so the total bid value could not be verified. The described irregularities and discrepancies did not affect the outcome of the lowest bidder (see bid tabulation attached.) The bid 112 S. Sanford Avenue, Sanford, FL 32771 - 407.647.6623 • Fax 601.898.8485 Mr. Jeff Davis January 20, 2021 Page 2 of 2 breakout forms are used as a mathematical check for the bid values listed on the official bid forms and not part of the official bid. (see attached bid tabulation summary) Based upon the information in the bid proposals, each are licensed Contractors in the State of Florida and seem to possess the manpower and equipment necessary to perform the classes of work within the time specified. Most of the responses from the contacted references indicate ' that the contractors have performed satisfactorily on past similar projects and historically completed projects within the specified contract times. In summary, based on our review of the qualification submittals from the eleven (11) bidders, our conversations with references and our analysis of the bid tabulations, we find Parthenon Construction Co. to be the lowest, responsible, and responsive, however, they are required to complete and submit indicated missing forms to the Purchasing Division. Refer to the attached Bid Tabulation Summary for information on specific documentation that must be turned in before the contract is awarded. Therefore, Neel -Schaffer recommends the Commission consider awarding the total bid in the amount of $178,880.00 to Parthenon Construction Co for the Elm Avenue and 26th Street Sidewalk and Drainage Improvements project. Please call if you have any questions or need additional information. Sincerely, Neel -Schaffer, Inc. Steven R. Cockerharn, P.E. Senior Project Manager 112 S. Sanford Avenue, Sanford, FL 32771 - 407.647.6623 - Fax 601,898.8485 O 0 05 D P 8 A SE SE ir 0 0 xx IZ A z 1119, MIA A A MIA III', M. Cf 47 9 o A A A A D P m z C m 0) -4 X m m ma o r z m X 0 m 9 m z YL B O n co z ;u0 0 CITY OF SANFORlFLORIDA - PURCHASING DIVISION SOLICITATION OPENING CERTIFICATION AND MINUTES (Section 255.0518, Florida Statutes) Solicitation Title: Elm Ave and ZBthStSidewalk and Drainage Improvements Number: |F8I9/2O-85 Opening Date: Opening Time: 2:00 Documents Including Announcement of This Opening Are Available for Viewing or Downloading at www.mv.vendorlink conn Location ofOpening: Commission Chambers 1 On this date the opening of the solicitation response identified above is hereby verified and the public announcements recorded below regarding the solicitations received were duly made. It is noted that no other business was conducted, there were no discussions and no input was received from anyone in attending. There was no attendance record made. X |FB-Annmuncedthenameofeachbidderandtheamountoftheirbid RFP-Annuunoedthenameofeachrespondent _ RPO -Announced the name ofeach respondent _ —If any submission was not opened and/or announced: check this item and indicate on tabulation below specific information as to why the submission was not opened or announced —All submussions were opened and read, The tabulation below reflects the information read 2. Name of City Employte\w1ho pfi`6`oqced the bids: Marisol Ordonez Certification (1) bL'A I L' C. 3(�Q� V-1LIc, I Marisol Ordonez, Purchasing Maria signature (j Date Printed Name & Title Certification (2)by:(1A'('_&V'U Lindsey Bojadzijev, Purchasing Ana i Sign 6_1 r e Date Printed Name &Title 3. The public notice indicated bv§Zm6.o10sand 286,01FloridaStatutes unot required because nnrule, resolution, orformal action has taken place mconsidered at this opening. Therefore, averbatim record ofthe solicitation specifically identified above is not required if a person, in accordance with City of Sanford Policy Number 15., elects mfile aprotest o,appeal anaction associated with the identified solicitation. « Florida Statute oyu7:Sealed bids, proposals, orreplies received hvanagency pursuant mpcompetitive solicitation are exempt from ,.zzeo7(l) and s.zo(a), Art. |nfthe State Constitution until such time asthe agency provides notice ofanintended decision o,until 30 days after opening the bids, proposals, or final replies, whichever uearlier. Note: City nySanford Procurement Procedure a -5o mandates that mapplicable unonoo/the name v/each bidder and the specific amount nythe bid will brshored otthe vprnmg;fxo*RFP ornF0the name vfeach person mfmnwill oc shored at the opening. (Florida Statures may befound at: http.-Ilwww.leg.state.fl.uslstotutesl) Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached. Tabulation Bidder Bid Total Ve Initial here if tabulation is attached in lieu of using the above tabulation or if additional pages are attached. SECTION 00510 NOTICE OF AWARD FORM TO: Parthenon Construction Com an NAME OF PROJECT: IFB 19/20-85 Elm Ave and 26Lh Street Sidewalk and Drainage Improvements The OWNER has considered the BID submitted by you, dated January 7. 2021 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 $178,888.00. 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 execute 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 OWNER's acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this --�— day of March, 2021 OWNER: City of Sanford Nam of OWNE 0) Z e6m 0, 1'.) George, DZM, '%1zr 3, 10212-:55 E.STI By (Signature) Tom George, Deputy Ci tv Manager (Printed Name and Title) ACCEPTANCE OF NOTICE Receipt and acceptance of the above NOTICE OF AWARD is hereby acknowledged by Compa Parthenon .,Construction= nV— this Zfdad+ of March,2021. By y I � Printed Name and Title City of Sanford Revised 3.20.18 00510-1 Public Work Executed In 2 Counterparts F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 265.06 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: 54-238115 CONTRACTOR NAME: Parthenon Construction Company CONTRACTOR ADDRESS: 105 W. Seventh Street GRANT MALOY, SEMINOLE COUNTY Orlando, FL 32824 CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2021080978 Bk:9963 Page: I 308-1320(13Pgs) CONTRACTOR PHONE NO: 407-855-7559 REC: 06/16/2021 10:55:35 AM by hdevore RECORDING FEES $112.00 SURETY COMPANY: United Fire & Casualty Compa PO Box 73909 Cedar Rapids, IA 52407-3909 319-399-5700 C) 0 (D -0 Z OWNER NAME: City of Sanford w Cr OWNER ADDRESS: 300 N. Park Avenue > rD Sanford, FL 32771 Ln (D OWNER PHONE NO.: 407-688-5000 C: OBLIGEE NAME: (If contracting -n 0 entity is different from the owner, r) the contracting public entity) =- CU LA Ln OBLIGEE ADDRESS: Z OBLIGEE PHONE NO.: BOND AMOUNT: $178,880.00 CONTRACTNO.: (ifapplicable) IFI3 No. 19/20-85 DESCRIPTION OF WORK: Elm Avenue and 26th Street Sidewalk and Drainage Improvements PROJECT LOCATION: Seminole County, Florida LEGAL DESCRIPTION: (if applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon, THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No. 54-238115 SECTION 00606 Executed in 2 Counterparts PERFORMANCE BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Parthenon Construction Company (Name of CONTRACTOR) 105 W. Seventh Street, Orlando, FL 32824 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: a Corporation (Corporation, Partnership, or Individual) hereinafter called "Principal", and United Fire & Casualty Company (Name of Surety) PO Box 73909, Cedar Rapids, IA 52407-3909 (Address of Surety) Surety's Telephone Number: 319-399-5700 hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of One Hundred Seventy Eight Thousand Eight Hundred Eighty and 00/100 DOLLARS ($178,880.00---) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred percent (100%) of the Contract Price. CITY's telephone number is (407) 688-5028, THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Agreement with CITY, dated the day of 20�a copy of which is hereto attached and mad l a part hereof for the construction of. Elm Avenue and 26th Street Sidewalk and Drainage Improvements. The Project is located (Provide Legal Description. If in R/W, provide address or general location): right-of-way determination of Elm Avenue between 271h Street north to Park Drive, in Frank L. Woodruffs Subdivision of Lands in plat book 3, page 44, Pine Crest Heights replat in olat book 9. oace 77: and in 2" section Dreamwold in plat book 4. pane 30—all inthe public records of Seminole County, FL General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for the construction of 5 -ft, wide sidewalk alone the west side of Elm Ave from 270, St to Park Dr, and along the south side of 26th St from Laurel Ave to Myrtle Ave. The project includes about 2,425 linear feet of proposed sidewalk, driveway replacements, pedestrian crossings, drainage improvements, and minor ditch re - 00606 -1 Elm Avenue and 26th Street Sidewalk Performance Bond and Drainage Improvements IFB 19120-85 grading. Additional improvements include the construction of curb and gutter, curb cut ramps, detectable warning surfaces, and new inlets and pipe system to alleviate flooding on the west side of Elm Ave. This Performance Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited, to the guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement; and 2. Pays CITY all liquidated damages, losses, damages, delay damages, expenses, costs, and attorneys' fees, including costs and attorneys fees on appeal that CITY sustains resulting from any breach or default by Principal under the Agreement then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part, except that the coverage of the Performance Bond is limited to one hundred percent (100%) of the Contract Price. In the event that the Principal shall fail to perform any of the terms, covenants, and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to CITY for all such direct loss or damage (including reasonable attorneys' fees and costs and attorneys' fees and costs on appeal) resulting from any failure to perform, up to one hundred percent (100%) of the Contract Price and for indirect damages as determined by CITY up to an additional twenty percent (20%) over the adjusted Contract Price. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold CITY harmless from any and all loss, damage, cost, and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to one hundred percent (100%) of the Contract Price. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under this Performance Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered under this Performance Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's offers to CITY to buy back this Performance Bond. The Surety agrees that its obligation under this Performance Bond is to: (i) take over performance of the Principal's work and be the completing Surety even if performance of the Principal's work exceeds the adjusted Principal's Contract Price; or (ii) re -bid and re -let the Principal's work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's work and furnishing adequate funds to complete the work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract 00606-2 Elm Avenue and 26th Street Sidewalk Performance Bond and Drainage Improvements IFB 19120-85 Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by CITY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon CITY's pursuit of its remedies against Principal; however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by CITY and Principal without Surety's knowledge or consent; and (Ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar State or Federal law, or any limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Performance Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding one hundred percent (100%) of the Contract Price, the Surety shall be notified by CITY of such increased by CITY, and the Principal shall be required to increase the sum of this Performance Bond to be commensurate with the increased Contract Price. The Surety's liability to CITY shall not be reduced should CITY directly purchase for the purpose for Sales Tax Recovery certain components and materials to be utilized in the work done by the Principal pursuant to his obligations under the Agreement. Specifically, the Surety shall remain fully liable and bound to CITY for the full compliance with the Contract Documents and full performance and function and all warranties of all components and materials, notwithstanding the fact that CITY may issue deductive Change Orders and directly purchase such items. This Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. 00606-3 Elm Avenue and 26th Street Sidewalk Performance Bond and Drainage Improvements IFB 19120-85 / Ll IN WITNESS WHEREOF, this instrument is executed this_L_I_day of J�' ATTEST. By: Secretary Typed Name of Secretary E SEAL) '77 : , /..,, 0-- �\Afitness to CONTRACTOR) Typed Name /T (Witness ZACTOR) p Typed Name PRINCIPAUCONTRACTOR Parthenon Construction Company PRINCIPAL /CONTRACT OR By: CONTRACTORSriqtory rity Typed Name and Title 105 W. Seventh Street Address Orlando, FL 32824 City, State, Zip 407-855-7559 407-855-7759 Telephone No. Facsimile No. (Surety Signature Page Follows) 00605-4 Elm Avenue and 26th Street Sidewalk Performance Bond and Drainage Improvements IFB 19120-85 ATT ST.* (SURETY) Secretary Susan L. Reich Typed or Printed Name 0 Witness as to SURETY"�,,, Coralise Medal Type or Printe e SURETY United Fire & Casualty Company SURE Gloria A. Richards * Typed or Printed Name Attomey-in-Fact and Florida Licensed Resident Agent Title Address Cedar Rapids, IA 52407-3909 City, State, Zip Brianna Stephenson 319-399-5700 319-399-5425 Typed or Printed Name Telephone No. Facsimile No. *Florida Surety Bonds, Inc. 620 N. Wymore Road, Suite 200 Maitland, FL 32751 Inquiries: 407-786-7770 N=: Date of this Performance Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If CONTRACTOR is a Partnership, all partners shall execute this Performance Bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. END OF SECTION Elm Avenue and 26th Street Sidewalk 00606-6 Performance Bond and Drainage Improvements IFB 19/20-85 THE ATTACHED STATUTORY COVER PAGE FORMS AND BECOMES A PART OF THIS BOND. Bond No. 54-238115 SECTION 00610 Executed in 2 Counterparts PAYMENT BOND (100% of Contract Price) KNOW ALL MEN BY THESE PRESENTS that: Parthenon Construction Company (Name of CONTRACTOR) 105 W. Seventh Street, Orlando, FL 32824 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-855-7559 a Corporation (Corporation, Partnership, or individual) hereinafter called "Principal", and United Fire & Casualty Company (Name of Surety) PO Box 73909, Cedar Rapids, IA 52407-3909 (Address of Surety) Surety's Telephone Number: 319-399-5700 hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of One Hundred Seventy Eight Thousand Eight Hundred Eighty and 00/100 DOLLARS ($178,880.00-------- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such that wh�teas, the Principal entered into a certain Agreement with CITY, dated the / L/ day of r_ i L&dA= , 20_gaL a copy of which is hereto attached and made a part hereof for the construction of: Elm Avenue and 26th Street Sidewalk and Drainage Improvements IFB 19120- 85 The Project is located (Provide Legal Description. If in RIW, provide address or general, location): ri-ght-of-way determination of Elm Avenue between 27th Street north to Park Drive in records of Seminole County, FL. General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for the construction of 5 -ft. wide sidewalk along the west side of Elm Ave from 27th St to Park Dr, and a_lonq the south side of 26th St from Laurel Ave to Myrtle Ave. The project includes about 2.425 linear feet of proposed sidewalk, driveway re lacements edestrian crossings, drainage improvements, and minor ditch re - Elm Avenue & 260 Street Sidewalk PAYMENT BOND And Drainage Improvements (100% of Contract Price) IFB 19/20-85 00610-2 Q improvements include the construction of grading Additional imp -curb and gutter curb cut ramps. detectable warning surfaces, and new inlets and pipe system to alleviate flooding on the west side of Elm Ave. NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject; however, to the following conditions: 1. This Payment Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. It is a specific condition of this Payment Bond that a claimant's right of action on this Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not limited to, the one (1) year time limitation within which suits may be brought. 3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the prosecution of the work provided for in the Agreement. Therefore, a claimant, except a laborer, who is not in privily with the CONTRACTOR shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his/her labor, materials, supplies, or rental equipment within ninety (90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver to CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies. 4. Any changes in or under the Agreement or Contract Documents and compliance or non- compliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement or Contract Documents. This Payment Bond shall not cover any components or materials directly purchased and paid for by CITY pursuant to Sales Tax Recovery. 5. The Performance Bond and this Payment Bond and the covered amounts of each are separate and distinct from each other. This Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond Elm Avenue & 26th Street Sidewalk PAYMENT BOND And Drainage Improvements (100% of Contract Price) IFS 19/20-85 00610-2 IN WITNESS WHEREOF, this instrument is executed thi day of —\JU41jL-- ,20 3-1 ATTEST: By: Secretary Typed Name of Secretary (CO PORATE SE) '(Wfness to CONTRACTOR) Typed Nam� f 26� (Witness WCONTRACTOR) /TA Typed Name Elm Avenue & 261' Street Sidewalk and Drainage Improvements IF13 19/20-85 PRINCIPAUCONTRACTOR Parthenon Construction Com PRINCIPAL/ CONTRA OR By: CONTRACTOR eig\hator-yWuthority Typed Name and Title 105 W. Seventh Street Address Orlando, FL 32824 City, State, Zip 407-855-7559 407-855-7759 Telephone No. Facsimile No. (Surety Signature Page Follows) 00610-3 PAYMENT BOND (100% of Contract Price) ATTEST: (SURETY) Secretary Susan L. Reich Typed or Printed Name Wit-hess as to SURE Coralise Medal Typed or Printed Na Vvitnes's as t-6-90WETY SURETY United Fire & Casualty Company SURE Gloria A. Richards * Typed or Printed Name Attorney -in -Fact and Florida Licensed Resident Agent Title PO Box 73909 Address Cedar Rapids, IA 52407-3909 City, State, Zip Brianna Stephenson 319-399-5700 319-399-5425 Typed or Printed Name Telephone No. Facsimile No. *Florida Surety Bonds, Inc. 620 N. Wymore Road, Suite 200 Maitland, FL 32751 Inquiries: 407-786-7770 NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a Partnership, all partners shall execute this Payment Bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by CITY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of surety companies must list their name, address, and telephone number on all Bonds. Elm Avenue & 26th Street Sidewalk & Drainage Improvements IFB 19120-85 END OF SECTION 00610-4 PAYMENT BOND (100% of Contract Price) UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401 Uf9 CERTIFIED COPY OF POWER OF ATTORNEY INSURANCE (original on file at Home Office of Company – See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing tinder the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company, a corporation duly organized and existing wider the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint KIM E. NIV, JEFFREY W. REICH, SUSAN L. REICH, TERESA L. DURHAM, GLORIA A. RICHARDS, LISA A. ROSELAND, SONJA AMANDA FLOREE HARRIS, CHERYL A. FOLEY, ROBERT P. O'LINN, SARAH K. O'LINN, EMILY J. GOLECKI, JENNA R. DELGADO, CORALISE M. MEDAL, HIENEKA C. HARRINGTON, BRIANNA T. STEPHENSON, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100 , 000, 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of United Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company. "Article VI – Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The president or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affikcd by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its 0 ,\C vice president and its corporate seal to be hereto affixed this 11th day of October, 2013 $ 0 - .. - CORPORATE Cl7RPORATTi E Z= IQLY2z ';O�j UNITED FIRE & CASUALTY COMPANY =Z UNITED FIRE & INDEMNITY COMPANY SEAL L FINANCIAL PACIFIC INSURANCE COMPANY State of Iowa, County of Linn, ss: By: Vice President On 11th day of October, 2013, before me personally came Dennis J. Richmann to me known, who being by me duly swom, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. # 04E IF Patti Waddell 0 Iowa Notarial Seal WaAw-"otary Public Commission number 713274 A..", W Commission Expires 10/26/2022 My commission expires: 10/26/2022 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indentirity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now it full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of 20_. RA•1�: 0 E =Z� ��)LYZ? 0 SEAL L S101,110, it tit tt litti 11IR1000 cirk1i1v049 1217 Ti ; k 11 11 14 14 i14 + k this 1-1— .. . colored ., ".J.—H .1, — [-I By: A 3vOcJb Assistant Secretary, UF&C & UF&I & FPIC WS— RM X Item No. CITY COMMISSION MEMORANDUM 21.046 FEBRUARY 8, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Jeffrey J. Davis, Project Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Award IFB 19/20-85, Elm Avenue an Street Sidewalk and Drainage Improvements for Constructio Approval of Associated Budget Amendment Resolution STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture F1 Update Regulatory Framework F] Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Award of bid IFB 19/20-85 Elm Avenue and 26th Street Sidewalk and Drainage Improvements Project to the lowest responsive and responsible bidder, Parthenon Construction Company, of Orlando, as well as an associated budget amendment resolution, is requested. FISCAL/STAFFING STATEMENT: The total expenditure is an amount not to exceed $178,880, which funding is available from the Stormwater Reserves account line. BACKGROUND: Elm Avenue, between Park Drive and 27t" Street, has a history of drainage issues that need to be addressed. Along with the need for mitigating the drainage, a sidewalk is also needed as a large number of pedestrians use this thoroughfare as a route to Pinecrest Elementary on 27th Street. Recently Pinecrest Elementary underwent a transformation doubling its capacity. The Project addresses the needs relating to the subject roadway. The Project was competitively bid with the following bids being received: Parthenon Construction Company: $178,880.00 Affordable Development/Driveways Inc.*: $206,161.62 Huffman Inc. d/b/a Nuwave Concrete: $239,891.00 Amcon Development Group LLC: $245,227.00 ThadCon, LLC: $247,700.00 A — FLORIDA SURETY BONDS, INCO May 14, 2021 City ofSanford 3O0N.Park Avenue Sanford, FL32771 60N. Wymore Road, Suite 200 Maitland, FL3275l 407-786-7770 Fax 407-786-7766 888 -786 -BOND (2663) Fax 888 -718 -BOND (2663) www. FloridaSuretyBonds.corn RE: AUTHORITY TO DATE BONDS AND POWERS OFATTORNEY Principal: Parthenon Construction Company Bond No: 54-238115 Project: IFB No. 19/20-85, Elm Avenue and 26th Street Sidewalk and Drainage Improvements Dear Sir orMadam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize You to insert the contract date onto the contractbonds and powers of attorney. Once dated, please email to retybmnda.com or fax a copy of the bonds to our office at (407) 786-7766. Si ited Fire & CasualtyC Gloria A. Richards Attorney -In -Fact & Florida Licensed Resident Agerd