HomeMy WebLinkAbout1178-Sams Painting ContractorsTHIS AGREEMENT made and entered
2007 by and between the:
City of Sanford
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" and:
Sams Painting Contractors authorized to do business in the State of Florida, whose
principal and local address is 122 Kentucky Blue Circle Apopka, FL 32712 referred to
as the CONTRACTOR.
The CITY and the CONTRACTOR are collectively referred to herein as the Parties
WITNESSETH:
WHEREAS, the CITY desires to retain the CONTRACTOR for the work identified
in the bid and /or proposal specifications outlined in IFB 06/07 -17 Restoration(Painting)
of Steel Structure - Sanford Memorial Stadium, and
WHEREAS, the CITY desires to retain the CONTRACTOR to furnish goods
and /or services and perform those tasks generally described in Section 2, and made
part hereof, as subsequently specifically set out in Purchase/Work Orders to be issued
under this Agreement; and
WHEREAS, the CITY desires to employ the CONTRACTOR for the performance
to support the activities, programs and projects of the CITY upon the terms and
conditions hereinafter set forth, and the CONTRACTOR is desirous of performing and
providing such services upon said terms and conditions; and
WHEREAS, 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; and
WHEREAS, all submissions submitted by the CONTRACTOR in the
proposals /bid submitted to the CITY hereby incorporated herein to the extent not
inconsistent with the terms and conditions as set forth herein.
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CITY OF SANFORD AGREEMENT FOR
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NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: GENERAL PROVISIONS.
(a). The term "CONTRACTOR" as used in this Agreement is hereby defined herein to
include all principals of the CONTRACTOR including, but not limited to, full time
employees, professional or otherwise, and all other, agents, employees and /or
subcontractors retained by the CONTRACTOR to perform its obligations hereunder.
(b). The CONTRACTOR acknowledges that the CITY may retain other service
providers to provide the same services for CITY projects. The CONTRACTOR
acknowledges that the CITY, at the CITY's option, may request proposals from the
CONTRACTOR and the other service providers for CITY projects. The CITY reserves
the right to select which service provider shall provide services for the CITY projects.
(c). The CONTRACTOR agrees to provide and ensure coordination between goods/
services providers.
(d). This Agreement is for goods and /or services pertaining to removal of
groundwater under City Streets as identified by the bid referenced above needed for the
CITY's street operations as set forth herein and as otherwise directed by the CITY to
include all labor and materials that may be required.
(e). The recitals herein are true and correct and form and constitute a material part of
this Agreement upon which the parties have relied.
(f). 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.
(g). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Purchase/Work
Order. The parties covenant and agree that they shall diligently and expeditiously
pursue their respective obligations set forth in this Agreement and each Work Order.
(h). When the term "law" is used herein, said phrase shall include statutes, codes,
rule and regulations of whatsoever type or nature enacted or adopted by a
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governmental entity of competent jurisdiction.
(i). Packages must be plainly marked with the shipper's name and the Purchase
Order Number; charges are not allowed for boxing or crating unless previously agreed
upon in writing.
Q). All materials must be shipped F.O.B. Destination. The CITY will not pay freight
or express charges, except by previous agreement. CONTRACTOR shall PREPAY
SHIPPING CHARGES AND ADD TO INVOICE. Delivery must actually be affected
within the time stated on Purchase Order. The CITY reserves the right to cancel this
order and purchase elsewhere if delivery is not timely as stated on the Purchase Order.
Deliveries shall be made between 8:00 A.M. and 5:00 P.M., Monday through Friday
unless otherwise stated. In case of default by the CONTRACTOR, the CITY may
procure the articles or service covered by this order from other sources and hold the
vendor responsible for any excess expense occasionally thereby.
(k). The CONTRACTOR shall furnish the CITY with a current Material Safety Data
Sheet (MSDS) on or before delivery of each and every hazardous chemical or
substance purchased. Appropriate labels and MSDSs shall be provided for all
shipments.
(1). The CONTRACTOR hereby guarantees the CITY that all material, 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.
(m). 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 (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.
(n). 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.
(o). No claim for goods and /or services furnished by the CONTRACTOR not
specifically provided for herein shall be honored by the CITY.
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SECTION 2: SCOPE OF SERVICES.
(a). The Scope of Services is attached hereto as Exhibit "A ".
(b). The CONTRACTOR shall diligently and in a professional and timely manner
perform and provide the services included in each subsequently entered
Purchase/Work Order. Unless modified in writing by the parties hereto, the duties of the
CONTRACTOR shall not be construed to exceed the provision of the goods and /or
services pertaining to this Agreement.
SECTION 3: PURCHASE/WORK ORDERS.
(a). The provision of goods and /or services to be performed under the provisions of
this Agreement shall be commenced upon the execution of this Agreement. Services to
be performed or provided by the CONTRACTOR to the CITY, shall be authorized in
written Purchase/Work Orders issued by the CITY on a form provided by the CITY.
Purchase/Work Orders executed by the CITY shall include a detailed description of
quantities, services and a completion schedule. The CONTRACTOR shall review
Purchase/Work Orders and notify the CITY in writing of inadequacies for the CITY
correction, if warranted.
(b). If the services required to be performed by a Work Order is clearly defined, the
Work Order shall be issued on a "Fixed Fee" basis. The CONTRACTOR shall perform
all services required by the Work Order but, in no event, shall the CONTRACTOR be
paid more than the negotiated Fixed Fee amount stated therein.
(c). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the CONTRACTOR shall perform all work required by the Work Order; but, in
no event, shall the CONTRACTOR be paid more than the Not -to- Exceed amount
specified in the applicable Work Order.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Limitation of Funds amount. The CONTRACTOR is not
authorized to exceed that amount without the prior written approval of the CITY. Said
approval, if given by the CITY, shall indicate a new Limitation of Funds amount. The
CONTRACTOR shall advise the CITY whenever the CONTRACTOR has incurred
expenses on any Work Order that equals or exceeds eighty percent (80 %) of the
Limitation of Funds amount.
(e). For Work Orders issued on a "Fixed Fee Basis," the CONTRACTOR may invoice
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the amount due based on the percentage of total Work Order services actually
performed and completed; but, in no event, shall the invoice amount exceed a
percentage of the Fixed Fee amount equal to a percentage of the total services actually
completed.
(f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount,
the CONTRACTOR may invoice the amount due for actual work hours performed but, in
no event, shall the invoice amount exceed a percentage of the Not -to- Exceed amount
equal to a percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a
Not -to- Exceed amount shall be treated separately for retainage purposes. If the CITY
determines that work is substantially complete and the amount retained is considered to
be in excess, the CITY may, at its sole and absolute discretion, release the retainage or
any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the CONTRACTOR may invoice the amount due for services actually
performed and completed. The CITY shall pay the CONTRACTOR one hundred
percent (100 %) of the approved amount on Work Orders issued on a "Time Basis
Method" with a Limitation of Funds amount.
(i). Payments shall be made by the CITY to the CONTRACTOR when requested as
work progresses for services furnished, but not more than once monthly. Each Work
Order shall be invoiced separately. The CONTRACTOR shall render to the CITY, at the
close of each calendar month, an itemized invoice properly dated, describing any
services rendered, the cost of the services, the name and address of the
CONTRACTOR, Work Order Number, Contract Number and all other information
required by this Agreement.
SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
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 to be identified in the Purchase/Work Orders, 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 Projects. Execution
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of a Purchase/Work Order shall be an affirmative and irrefutable representation by the
CONTRACTOR to the CITY that the CONTRACTOR is fully familiar with any and all
requisite work conditions of the provisions of the goods and /or services.
SECTION 5: CHANGE ORDERS.
(a). The CITY may revise the scope of services set forth in any particular
Purchase/Work Order.
(b). Revisions to any Purchase/Work Order shall be authorized in writing by the CITY
as a Change Order. Each Change Order shall include a schedule of completion for the
goods and /or services authorized. Change Orders shall identify this Agreement and the
appropriate Purchase/Work Order number. The Change Orders may contain additional
instructions or provisions specific upon certain aspects of this Agreement pertinent to
the goods and /or services to be provided. Such supplemental instructions or provisions
shall not be construed as a modification of this Agreement. An Agreement between the
parties on and execution of any Change Order shall constitute a final settlement and a
full accord and satisfaction of all matters relating to the change and to the impact of the
change on unchanged goods and /or work, including all direct and indirect costs of
whatever nature, and all adjustments to the CONTRACTOR schedule.
SECTION 6: CONTRACTOR RESPONSIBILITIES.
(a) 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 this Agreement as well as the conduct of its staff, personnel,
employees and agents. All CONTRACTOR employees shall at all times when
performing work wear identification badges which, at a minimum, provides the name of
the employee and the CONTRACTOR.
(b) The CONTRACTOR shall provide to the CITY a list of employees working
on the project. The CONTRACTOR shall provide to the CITY a list of employee working
days, times and assignments within forty -eight (48) hours of the CITY's written request
for such information. This information, when requested by the CITY, shall be provided
to the CITY prior to the employees of the CONTRACTOR entering the CITY's premises.
(c) The CONTRACTOR shall comply with Section 2 -67 of the Sanford City
Code as it relates to security screenings of private contractors and employees of private
contractors. The CONTRACTOR shall cause each person found by the City
Commission to be functioning in a position critical to the security and /or public safety of
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the CITY by reason of access to any publicly owned or operated facility to undergo the
following inquiries and procedures conducted by the City of Sanford:
i.) Fingerprinting in accordance with the CITY's pre - employment procedures,
ii.) Submission of the fingerprints to the Florida Department of Law
Enforcement for state criminal history evaluation, and
iii.) Submission of the fingerprints to the Federal Bureau of Investigation for a
national criminal history evaluation.
Such confidential information shall be used by the CITY to determine a person's
eligibility to function in such critical employment position(s) as described. 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 that may work on the
CITY's premises in positions found by the City Commission 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
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.
(d) The CONTRACTOR shall work closely with the CITY on all aspects of the
provision of the 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 only 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.
(e) Neither the CITY's review, approval or acceptance of, nor payment for,
any of the 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's negligent or improper performance or failure to perform any of the
services furnished under this Agreement.
(f) The rights and remedies of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
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(g) Time is of the essence in the performance of all services provided by the
CONTRACTOR under the terms of this Agreement and each and every Work Order.
(h) 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.
SECTION 7: CITY RIGHTS AND RESPONSIBILITIES.
(a). The CITY shall reasonably cooperate with the CONTRACTOR in a timely fashion
at no cost to the CONTRACTOR as set forth in this Section.
(b). The CITY shall furnish a CITY representative, as appointed by the designated
representative to administer, review and coordinate the provision of services under
Purchase/Work Orders.
(c). The CITY shall make CITY personnel available where, in the CITY's opinion,
they are required and necessary to assist the CONTRACTOR. The availability and
necessity of said personnel to assist the CONTRACTOR shall be determined solely at
the discretion of the CITY.
(d). The CITY shall examine all of the CONTRACTOR goods and /or services and
indicate the CITY's approval or disapproval within a reasonable time so as not to
materially delay the provisions of the goods and /or services of the CONTRACTOR.
(e). The CITY shall transmit instructions, relevant information, and provide
interpretation and definition of CITY policies and decisions with respect to any and all
materials and other matters pertinent to the services covered by this Agreement.
(f). The CITY shall give written notice to the CONTRACTOR whenever the CITY
designated representative knows of a development that affects the goods and /or
services provided and performed under this Agreement, timing of the CONTRACTOR's
provision of goods and /or services, or a defect or change necessary in the goods and /or
services of the CONTRACTOR.
(g). The rights and remedies of the CITY provided for under this Agreement are in
addition to any other rights and remedies provided by law; the CITY may assert its right
of recovery by any appropriate means including, but not limited to, set -off, suit,
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withholding, recoupment, or counterclaim, either during or after performance of this
Agreement.
(h). The CITY shall be entitled to recover any and all legal costs including, but not
limited to, attorney fees and other legal costs that it may incur in any legal actions it may
pursue in the enforcement of the terms and conditions of this Agreement or the
responsibilities of the CONTRACTOR in carrying out the duties and responsibilities
deriving from this Agreement.
(i). 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.
Q). 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 nor or any cause of action arising out of the performance of this
Agreement and the CONTRACTOR shall be and always remain liable to the CITY in
accordance with applicable law for any and all damages to the CITY caused by the
CONTRACTOR's negligent or wrongful provision or performance of any of the goods
and /or services furnished under this Agreement.
(k). All deliverable analysis, reference data, survey data, plans and reports or any
other form of written instrument or document that may result from the CONTRACTOR's
services or have been created during the course of the CONTRACTOR's performance
under this Agreement shall become the property of the CITY after final payment is made
to the CONTRACTOR.
(a). Compensation to the CONTRACTOR for the goods and /or services performed on
each Work Order shall be as set forth the Work Order or as set forth in Exhibit "B" which
enumerates hourly rates and other charges of the CONTRACTOR.
(b). There are no reimbursable expenses to be paid to the CONTRACTOR.
(c). Work performed by the CONTRACTOR without written approval by the CITY's
designated representative shall not be compensated. Any work performed by the
CONTRACTOR, without approval by the CITY, is performed at the CONTRACTOR's
own election.
SECTION 9. INVOICE PROCESS.
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(a). 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.
(b). 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.
(c). The CITY and the CONTRACTOR will make every effort to resolve all disputable
items contained in the CONTRACTOR's invoices.
(d). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, and billing period.
(e). 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.
(f). Invoices are to be forwarded directly to:
Finance Department
City Of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
SECTION 10: COMMENCEMENT /IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a). The CONTRACTOR shall commence the provision of goods and /or services as
described in this Agreement immediately upon execution of this Agreement. The CITY
may seek other firms to provide the same services.
(b). The CONTRACTOR and the CITY agree to make every effort to adhere to the
schedules established for the various Purchase/Work Orders as described in each
Purchase/Work Order However, if the CONTRACTOR is delayed at any time in the
provision of goods and /or services by any act or omission of the CITY, or of any
employee of the CITY, or by any other contractor employed by the CITY, or by changes
ordered by the CITY, or by strikes, lock outs, fire, unusual delay in transportation,
unavoidable casualties, or any other causes of force majeure not resulting from the
inactions or actions of the CONTRACTOR and beyond the CONTRACTOR's control
which would not reasonably be expected to occur in connection with or during
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performance or provision of the goods and /or services, or by delay authorized by the
CITY pending a decision, or by any cause which the CITY shall decide to justify the
delay, the time of completion shall be extended for such reasonable time as the CITY
may decide in its sole and absolute discretion. It is further expressly understood and
agreed that the CONTRACTOR shall not be entitled to any damages or compensation,
or be reimbursed for any losses on account of any delay or delays resulting from any of
the aforesaid causes or any other cause whatsoever.
SECTION 11. TERM /LENGTH OF AGREEMENT.
The term of this Agreement shall be until project completion except that, the contact
must be completed no later than ti0 daYJ days after the date of
this agreement.
SECTION 12: DESIGNATED REPRESENTATIVES.
(a). The CITY designates the City Manager or his designated representative, to
represent the CITY in all matters pertaining to and arising from the work and the
performance of this Agreement.
(b). The City Manager or his designated representative, shall have the following
responsibilities:
(1). 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;
(2). 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;
(3). Giving prompt written notice to the CONTRACTOR whenever the CITY
official representative knows of a defect or change necessary in the project; and
(4). Coordinating and managing the CONTRACTOR preparation of any
necessary applications to governmental bodies, to arrange for submission of such
applications.
(c). Until further notice from the City Manager, the designated representative for this
Agreement is:
F. William Smith, Purchasing Manager
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City Of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: (407) 330 -5613
FAX Number (407) 330 -5666
Email: smithb(&-sanfordfl.aov
(d). The CONTRACTOR designated representative is:
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SECTION 13: TERMINATION /SUSPENSION OF AGREEMENT.
(a). The CITY may terminate this Agreement or any Purchase/Work Order for
convenience at any time or this Agreement or any Purchase/Work Order for any one (1)
or more of the reasons as follows:
(1). If, in the CITY's opinion, adequate progress to be provided or under a
Purchase/Work Order is not being made by the CONTRACTOR due to the
CONTRACTOR failure to perform; or
(2). 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
(3). 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
(4). The CONTRACTOR becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of creditors; or
(5). The CONTRACTOR violates the Standards of Conduct provisions herein
or any provision of State or local law or any provision of the City Code of Conduct.
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(b). In the event of any of the causes described in this Section, the CITY's
Designated Representative may send a certified letter to the CONTRACTOR requesting
that the CONTRACTOR show cause why the Agreement or any Purchase/Work Order
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 or any Purchase/Work
Order in progress under this Agreement.
(c). In the event that this Agreement or a Purchase/Work Order 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 CITY and
the CITY shall have the right to so terminate this Agreement without any recourse by
the CONTRACTOR.
SECTION 14. TERMINATION BY CONTRACTOR FOR CAUSE.
(a). The CONTRACTOR may cancel this Agreement if:
(1). The CITY materially fails to meet its obligations and responsibilities as
contained in the CITY's Rights and Responsibilities; or
(2). The CITY fails to pay the CONTRACTOR in accordance with this
Agreement.
(b). In the event of either of the causes described in Subsection (a), the
CONTRACTOR shall send a certified letter requesting that the CITY show cause why
the Agreement should not be terminated. If adequate assurances are not given to the
CONTRACTOR within fifteen (15) days of the receipt by the CITY of said show cause
notice, then the CONTRACTOR may consider the CITY to be in default, and may
immediately terminate this Agreement.
SECTION 15. TERMINATION BY THE CITY WITHOUT CAUSE.
(a). 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, or terminate
any specific Purchase/Work Order without cause, if such termination is deemed by the
CITY to be in the public interest, provided that thirty (30) days prior written notice is
given to the CONTRACTOR of the CITY's intent to terminate.
(b). In the event that this Agreement is terminated, the CITY shall identify any specific
Work Order(s) being terminated and the specific Purchase/Work Order(s) to be
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continued to completion pursuant to the provisions of this Agreement.
(c). This Agreement will remain in full force and effect as to all authorized
Purchase/Work Order(s) that is /are to be continued to completion.
(d). 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.
SECTION 16. PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Purchase/Work Order 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.
SECTION 17. ACTION FOLLOWING TERMINATION.
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.
SECTION 18. SUSPENSION.
(a). The performance or provision of the CONTRACTOR services under any
Purchase/Work Order under this Agreement may be suspended by the CITY at any
time.
(b). In the event the CITY suspends the performance or provision of the
CONTRACTOR services hereunder, the CITY shall so notify the CONTRACTOR in
writing, such suspension becoming effective within 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 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.
(c). 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.
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SECTION 19: EQUAL OPPORTUNITY EMPLOYMENT /NON- DISCRIMINATION.
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 insure
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.
SECTION 20: 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, attorneys 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 part
by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct,
or misconduct of the CONTRACTOR, its agents, servants, officers, officials, employees,
or subcontractors.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the CONTRACTOR for this 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 indemnified 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.
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(e). The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the indemnification provision in this Agreement;
however, the CONTRACTOR must also comply with the provisions of this Agreement
relating to insurance coverages.
SECTION 21. INSURANCE.
(a). The CONTRACTOR shall obtain or possess and continuously maintain the
following insurance coverage, from a company or companies, with a Best Rating of A-
or better, authorized to do business in the State of Florida and in a form acceptable to
the City and with only such terms and conditions as may be acceptable to the CITY:
(1). Workers Compensation / Emplover Liability: The CONTRACTOR shall
provide Worker Compensation insurance for all of their employees. The limits will be the
statutory limits for Worker Compensation insurance and $1,000,000 Combined Single
Limit (CSL) for Employer Liability.
(2). Comprehensive General Liability: The CONTRACTOR shall provide
coverage for all operations including, but not limited to, contractual, products and
complete operations and personal injury. The limits will not be less than $1,000,000
CSL or its equivalent.
(3). Comprehensive Business Automobile Vessel Liability: The
CONTRACTOR shall provide complete coverage for owned and non -owned vehicles for
limits not less than $1,000,000 CSL or its equivalent. Vessels shall be included in such
coverage if used in providing services to the CITY.
(b). 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. All insurance minimum coverages extend to any subcontractor, and
the CONTRACTOR shall be responsible for all subcontractors.
(c). 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
Page 16
(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 with an insurance acceptable to the CITY, the
CONTRACTOR shall be deemed to be in default of this Agreement.
(d). 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.
(e). The CONTRACTOR shall furnish Certificate 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.
(f). Nothing in this Agreement or any action relating to this Agreement shall be
construed as the CITY waiver of sovereign immunity beyond the limits set forth in
Section 768.28, Florida Statutes.
(g). 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.
(h). 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.
(i). All insurance shall be primary to, and not contribute with, any insurance or self -
insurance maintained by the CITY.
SECTION 22: STANDARDS OF CONDUCT.
(a). 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 for the CONTRACTOR, any fee, commission, percentage, gift,
or any other consideration, contingent upon or resulting from the award of making this
Agreement.
Page 17
(b). 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.
(c). 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 disclosed in
writing to the CITY. Violation of this Section shall be considered as justification for
immediate termination of this Agreement.
(d). 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.
(e). If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his or 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.
(f). The CONTRACTOR shall not publish any documents or release information
regarding this Agreement to the media without prior approval of the CITY.
(g). 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.
(h). 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.
(i). 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.
Page 18
Q). 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.
(k). 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.
(1). 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.
(m). 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.
(n). 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.
(o). The CONTRACTOR shall advise the CITY in writing 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.
(p). 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 III, Chapter 112, Florida
Statutes, relating to ethics in government.
SECTION 23: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS.
(a). The CONTRACTOR shall maintain books, records, documents, time and costs
accounts and other evidence directly related to its provision or performance of services
Page 19
under this Agreement. All time records and cost data shall be maintained in accordance
with generally accepted accounting principles.
(b). 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.
(c). 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 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.
(d). 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.
(e). 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.
(f). The CONTRACTOR agrees to fully comply with all State laws relating to public
records.
(g). 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.
SECTION 24: CODES AND DESIGN STANDARDS
(a). All the goods and /or services to be provided for performed by the
Page 20
CONTRACTOR shall in the minimum be in conformance with commonly accepted
industry and professional codes and standards, standards of the CITY, and the laws of
any Federal, State or local regulatory agencies.
(b). The CONTRACTOR shall be responsible for keeping apprised of any changing
laws, applicable to the goods and /or services to be performed under this Agreement.
SECTION 25: ASSIGNABILITY
(a). 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.
(b). The CONTRACTOR agrees to reasonably participate in the contract
"piggybacking" programs pertinent to local governments.
SECTION 26: SUBCONTRACTORS.
(a). 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.
(b). 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.
(c). Any subcontract shall be in writing and shall incorporate this Agreement and
require the subcontractor to assume performance of the CONTRACTOR 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.
(d). The CONTRACTOR shall reasonably cooperate at all times with the CITY and
other CITY CONTRACTORs and professionals.
SECTION 27: CONTROLLING LAWS/VENUE /INTERPRETATION.
(a). This Agreement is to be governed by the laws of the State of Florida.
Page 21
(b). Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
(c). 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.
SECTION 28: FORCE MAJEURE.
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, 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.
SECTION 29: EXTENT OF AGREEMENT /INTERGRATION /AMENDMENT.
(a). This Agreement, together with the Exhibits, 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.
(b). This Agreement may only be amended, supplemented or modified by a formal
written amendment.
(c). 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.
SECTION 30: NOTICES.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
Page 22
addressed to the party for whom it is intended, at the place last specified, and the place
for giving of notice shall remain such until it shall have been changed by written notice
in compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places
for giving of notice, to -wit:
(1). For the CITY:
Robert Yehl, City Manager
City Of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: (407) 330 -5610
Facsimile Number: (407) 330 -5666
Email Address: YEHLR(c- Sanfordfl.gov
With Copy to:
F. William Smith, Purchasing Manager
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Telephone Number: 407.330.5613
Facsimile Number: 407.330.5666
Email Address: SMITH B(&ci.sanford.fl.us
(2). For the CONTRACTOR
(c). 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 of the
CONTRACTOR to comply with the express written notice requirements herein.
Computer notification (e -mails and message boards) shall not constitute proper written
Page 23
notice under the terms of the Agreement.
SECTION 31. WAIVER.
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.
SECTION 32. NO GENERAL CITY OBLIGATION.
(a). 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.
(b). The CONTRACTOR shall not have the right to compel the exercise of the ad
valorem taxing power of the CITY.
SECTION 33. EXHIBITS.
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.
SECTION 34. CAPTIONS.
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.
SECTION 35. SEVERABILITY /CONSTRUCTION.
(a). 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.
Page 24
(b). All provisions of this Agreement shall be read and applied in para materia with all
other provisions hereof.
(c). Violation of this Agreement by the CONTRACTOR is recognized by the parties to
constitute irreparable harm to the CITY.
SECTION 36. ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) 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.
(b) 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 which the
CONTRACTOR had knowledge and failed to present during the CITY procedures.
(c). 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.
SECTION 37. COUNTERPARTS.
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.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: the CITY through its City
Commission taking action on the 13th day of August, 2007, and the CONTRACTOR
signing by and through its duly authorized corporate officer having the full and complete
authority to execute same.
ATTEST. -
rt c ►�
By:
CONTRACTOR.
Page 25
Corporate Secretary or Witness Corporate President
Date: Aul 0 19 t 7
ATTEST. CITY OF SANFORD
anet Dougherty, City GVlerk U Linda Ku
^� Mayor
Date:
For use and reliance of the
Sanford City Commission only.
Approved as to form and legality.
/s/ William L. Colbert
William L. Colbert
City Attorney
Page 26
EXHIBIT A
Bid submitted by Sams Painting Contractor, LLC is hereby attached to and
included as exhibit a.
Noted: The bid includes a statement that Sams Painting carries a seven(7) year
warranty.
ADDENDUM 1 (Note Changes on the bid form and Additional Item).
City of Sanford
P.O. Box 1788 (300 N. Park Avenue, Room 236)
Sanford, FL 32772
91
BID FORM
PART1 GENERAL
1.01 Description
The following Bid, for the
1.02 The Undersigned:
A. Acknowledges receipt of:
Addenda: Number 1 Dated May 31, 2007
Number Dated
Number Dated
B. Has examined the site and all Bidding Documents and understands that
in submitting his Bid, he/she 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. By signing this document the BIDDER/OFFEROR herby agrees
to be bound by the specifications, terms, conditions, scheduling,
pricing and representations as stated and submitted with this bid
form. However, it is understood that the City reserves the right to
declare any bid or part(*) thereof nonresponsive If exceptions to
a pecifiicaitions, terms, conditions, etc. of the solicitation are not
acceptable in the opinion of the City to meet the requirements of
(1) Tide and Solicitation number of BWOrgposal Name of Project as shown in the
Invitation
(2) Nam% address, and ft4*one number of BWsr
said solicitation.
2. 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 and specified insurance
Certificates of coverage in accordance with the Instructions to
Bidders.
3. To accomplish the work in accordance with the Contract
Documents and/or purchase order.
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
1.03 Miscellaneous Requiremnts and Affirmations
Bids shall be on the Bid Form.
1.04 SUBMITTED, signed and sealed this /y day of ,70 /7 C.
2 n - 0 - --7
Br/Ot(eror
By (Signature) Date
Fr c Sa M S ,c-�
Printed Name and Title
Business Address n
"(2t'k �X 3 -Z 7/ (CORPORATE
SEAL)
City State Zip Code
go7- ya7YSSG
Telephone No. Facsimile No.
90 7, 889 -9ya. o (0)
The Bid
Bidders are hereby advised to bid both options. It is noted that the City reserves the
right to select either option for each section bid. It is further noted that the City reserves
the right to award either option or combination of options as in its best interests to do so.
OPTION A:
Breezeway $
Stands $
Roof $
Total Amount bid: $ O O d . 0 ' 0 Option A
OPTION 6:
Breezeway $
Stands $
Roof $
Total Amount bid: $ l S 3 0 0 D, 00 Option B
Comments:
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
ADDITIONAL ITEMS: It is noted that any equipment or items taken down,
removed or moved by the contractor must be replaced or returned to its original
condition and state by the contractor.
YOUR COMPANY NAME & ADDRESS
AS THE RETURN ADDRESS
DELIVE
William Smith, Purchasing Agent
City of Sanford
P.O. Box 1788 (300 N. Park Avenue, Room 236)
Sanford, FL 32772
IN LOWER LEFT CORNER OF ENVELOPE, PROVIDE THE FOLLOWING:
IFO 06/0747 Painting of Steel Structure- Sanford Memorial Stadium
Open Data: June 14, 2007 Open Time: 2:00 p.m.
This Form Must Be Completed and Retumed with your Bid
t
SAMS PAINTING CONTRACTORS
122 Kentucky Blue Circle
APOPKA, FLORIDA 32712
"SETTING THE STANDARD FOR EXCELLENCE"
William Smith June 12, 2007 -
Sanford Memorial Stadium
RE: Contract for painting of steel structures of stadium.
Scope of work
All areas to be properly cleaned for application of new materials.
All work dome according to specifications from Color Wheel or Sherwin- Williams.
REFERENCES
Dan Fak lomi Phone # 412- 780-0227
Golden Mile Industrial Buildings (Scope of Work)
Sand blasted and grinded with power grinding
tools. Corregated and steel structures.
Keith Hatcher SoMs Coms action Phone # 412 389 -2023
(Scope of work) Sand blasted, primed and painted
bridges.
Tony Guadaniao Phone # 407 -312 -9741 OfE 407.682-3355
Painted may apartment complexes with steel structures.
More references available upon request.
SAMS PAINTING HAS WORKERS COMPENSATION AND LIABILITY INSURANCE.
SAMS PAINTING CARRIES A SEVEN YEAR WARRANTY
AGAINST PEELING AND CHALKING.
Conflict of Interest Statement
1 �j ,mss s of 1^rTi..J7 deposes and states that
Name of Affiant Name a Company
2. The above named entity is submitting an Expression of Interest for the City of Sanford project
identified below.
3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based
upon his own knowledge.
4. The Affiant states that only one submittal for the above project is being submitted and that the above
named entity has no financial interest in other entities submitting proposals for the same project.
5. Neither the Affiant nor the above named entity 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 entity's submittal for the above project. This statement restricts the discussion of
prang data until the completion of negotiations and execution of the Agreement for this project.
6. Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or
otherwise ineligible from participating in contract lettings by any local, state, or federal agency.
7. Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of
interest due to any other clients, contracts, or property interests for this project.
8. 1 certify that no member of the entity's ownership, management, or staff has a vested interest in any
aspect of or Department of the City of Sanford.
9. 1 certify that no member of the entity's ownership or management is presently applying for an
employee position or actively seeking an elected position with City of Sanford.
10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above
named entity, will immediately notify the City of Sanford in writing.
Signature of Affiant
Date
Typed or Printed Narne of Affiant
State of Florida, County of Se ewi kn,
Time
On this / day of , 206- , before me, the undersigned Notary Public of the State of
Florida, personally are
- � Suns � -eoel�
(Name(s) of individuals who appeared before notary)
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. AV
NO Y PUBLIC, STAW OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE: it}12.t S Z
(Name of Notary Public_ Print, Stamp, or Type as Commissioned)
��� td
AM S qAZ
� r;kjry ate, State of Florida
My COMM- expires Oct. 29. 2008
No. DD 364664
_ Personally known to me, or
Produced identification:
t 2 rat- t1R4te/LS �i c�ertsC.
(Type of Identification Produced)
C� DID take an oath, or
DID NOT take an oath.
FORM NO. CFI 18.204
IFB 06/07 -17 Painting Steel Structure-Sanford Memorial Stadium
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID.
Offeror's Qualification Statement
NAME:
PRINCIPAL OFFICE:
CHECK ONE
_Corporation
_Partnership
_ _Individual
Other
1. State the true, exact, correct and complete name of the company, partnership,
corporation, trade or fictitious name under which you do business and the address of
the place of business.
The correct name of the Offeror is:
The address of the principal place of business is: 2L 44^_r LCD
2 ) 71 ;;1
2. It Offeror is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
C. Presidenfs Name:
d. Vice Presidenfs Name:
e. Secretary's Name:
f. Treasurers Name:
g. Name and address of Resident Agent:
3. If Offeror is an individual or a partnership, answer the following:
a. Date of Organization:
b. Name, Address and Ownership Units of all Partners:
C. State whether general or limited partnership:
4. If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals: L G C_
5. If Offeror is operation under a fictitious name, submit evidence of compliance with the Florida Fictitious
Name Statute.
6. How many years has your organization been in business under its present business name?
a. Under what other former names has your organization operated?
7. Indicate registration, license number or certificate numbers for the businesses or professions which are
the subject of the Proposal/Bid. Please attach certificate of competency and/or state registration.
8. Have you ever failed to complete any work awarded to you? If so, state when, where and why.
0
9. State the names, telephone numbers and last known addresses of three (3) owners,
individuals or representative of owners with the most knowledge of work which you have performed or
goods you have provided, and to which you refer (government owners are preferred as references). It is
noted that the experience claimed here must be associated with the company named above. Additional
or other relevant experience may be included on a separate sheet provided by the offeror. The City of
Sanford reserves the right to require additional information and to conduct any investigation deemed
necessary to evaluate the offer and the Offeror being considered for an award.
..A )2cl6wi y/ a -78d
(name) (address) (phone number)
�e d / /c� e r `/l a- 38% -a oa3
(name) (address) (phone number)
T,0 g07 - 31.) -971//
( name) (address) (phone number)
10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if
necessary).
11. State the name of the individual who will have personal supervision of the work:
f 1-6c, 5-aM S
12. State the names and addresses of all businesses and /or individuals who own an interest of more than
five percent (5 of the Offerors business and indicate the percentage owned of each such business
and/or individual:
13. State the names, addresses and the type of business of all firms that are partially or wholly owned by
the Offeror:
2
14. State the name of the Surety Company which will be providing the bond, and name and address of
agent
15. Bank References : G
Y! 'e �1' �iK C r l C C� yu -� T C4, 6 1 ,/ j0 0164 .
(bank) } (address)
(bank) (address)
(bank) (address)
ALTHOUGH THE INFORMATION INDICATED IN ITEM 1615 NOT REQUESTED AT THIS TIME, THE CITY RESERVES THE
RIGHT TO REQUEST THIS INFORMATION.
16. Attach a financial statement including Offeroes latest balance sheet and income statement showing the
following items:
a. Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable,
accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and
fixtures, inventory and prepaid expenses).
b. Net Fixed Assets
C. Other Assets
d. Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for
income taxes, accrued salaries, real estate encumbrances and accrued payroll taxes)
e. Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values,
earned surplus, and retained earnings)
State the name of the firm preparing the financial statement and date thereof:
g. This financial statement must be for the identical organization named on page
one? If not, explain the relationship and financial responsibility of the
organization whose financial statement is provided (e.g., parent, subsidiary). Please note, that
the City of Sanford reserves the right to reject financial statement(s) submitted by other than the
organization named on page one.
THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS
QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE CITY IN AWARDING THE CONTRACT AND SUCH
INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT
THAT MATERIALLY AFFECTS THE OFFEROR - 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.
Signakre of Affiant
Typed or Printed Name of Affiant Tilte
State of Florida, County of 5G/'VLtI j2A On this L/ � 1 1ay of
before me, the undersigned Notary Public of the State of Florida, personally appea
G SGtrn
el
(Name(s) of individuals who appeared before notary)
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.
NOTARY PUALIt, STATE OF FLORIDA
NOTARY PUBLIC �,,
SEAL OF OFFICE: ^ �q, " , ' 14rk
(Name of Notary Public_ Print, Stamp, or T as Commissioned
_ Personally known to me, or Produced identification: f3g VitU"
y 1�� - yt&�-
(Type of lden1111cation Produced)
DID take an oath, or _ DID NOT take an oath. ANARM DIAZ
/ AN fV Pubk State of Florida
>g
IM 1uh c,'umm expires Oct 29.2008
No. DD 364664
Form No. SOO 25.204
IFB 06/07 -17 Painting Steel Structure - Sanford Memorial Stadium
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
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.
1. 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? — Alo
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? �—
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? A _ 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 shalt be cause for forfeiture of rights for further consideration of
the project identified. C
"-t -S
lIrrm
Authorized Signature Date
C- .Sa
Printed or Typed Name and Title
FORM NO. OSPT 12.204
IFB 06107 -14 Type 1 FDOT underdrain
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
14
Drug -Free Work Place
The undersigned, in accordance with Florida Statute 287.087 hereby certifies that the company named
below does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
proposed a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
Signature
.-/
Printed or Typed Name
FORM NO. DFWP 14.204
IFB 06107 -17 Painting Steel Structure- Sanford Memorial Stadium
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
15
Section 1.01 Florida Statutes On Public Entity Crimes
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to The City of Sanford ,Q
by 6/' J
L GtM S on behalf of 5 o-
whose business address is: /� o? �P.✓ 7 �✓ .[S�u c �� i' C l�
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has
no FEIN, include the Social Security Number of the individual signing this statement: &Y - 5/8 - /.2 ).
2. 1 understand that a 'public entity crime' as defined in Paragraph 287.133(1 xg), Florida Statutes. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any bid or contract for goods or services, any lease for real
property, or any contract for the constriction or repair of a public building or public work, involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand the "convicted" or "conviction" as defined in Paragraph 287.133(1 xb), FkAda Statutes. means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trial court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, nonAury trial, or entry of a plea of guilt or nolo c ontendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1xa), Florida Statutes. means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term 'affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 1 understand that a 'person" as defined in Paragraph 287.133(1 xe), 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 let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person' includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Please indicate which statement applies.)
V Neither the entity submitting this sworn statement, nor any of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
any affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989.
Its
1 �
The entity submitting this sworn statement, or one of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or any
affiliate of the entity was charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(signatme)
(dW
State of Florida
County of <t -Mnh1 f-
On this I L day of , 2007, before me, the undersigned Notary Public of the State of
Florida, ap a a
(Name(s) of individuals who appeared before notary)
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.
NCY17AY PUBLIC, STAT O FLORIDA
NOTARY PUBLIC ��
SEAL OF OFFICE: i /� ryit 'u b/a 2
(Name of Notary Public: Print, Stamp. or Type as Commissioned.)
4N WS DIAZ Personally known to me, or
Produced identification:
Z AN p*l
P ublic. State of Florid _
W comet. expires Oct. 29. T of Idcntifioation Produced, K
No. DD
364664 ( T
take an oath, or
DID NOT take an oath.
FORM NO_ PEC 15.204
IFB 06/07 -17 Painting Steel Structure - Sanford Memorial Stadium
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
17
Certification of Non- Segregated Facilities
By affixing his signature to this form, the Bidder certifies that he does not maintain or provide for
his employees any segregated facilities at any of his establishments, and that he does not
permit his employees to perform their services at any location, under his control, where
segregated facilities are maintained. The Bidder certifies further that he will not maintain or
provide for his employees any segregated facilities at any location under his control where
segregated facilities are maintained. The Bidder agrees that a breach of this certification will be
a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms and washrooms, restaurants and other eating areas, time clocks, lode rooms
and other storage and dressing areas, parking lots, drinking fountains, recreation or
entertainment area, transportation and housing facilities provided for employees which are
segregated by explicit directive, or are in fact segregated on the basis of race, color, religious
disability or national origin, because of habit, local custom, or otherwise. The Bidder agrees that
(except where he has obtained identical certifications from proposed subcontractors for specific
time periods) he Will obtain identical certifications from proposed subcontractors prior to the
award of subcontracts exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity clause, and that he will retain such certifications in his files.
The nondiscriminatory guidelines as promulgated in Section 202, Executive Order 11246, and as
amended by Executive Order 11375 and as amended, relative to Equal Opportunity for all persons and
implementations of rules and regulations prescribed by the United States Secretary of Labor are
incorporated herein.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
Date: e_. i/ o o 7
By:
A/ t= 5 a tit S Qc cJiy C ,�-
Print Name Title
Official Address:
FORM NO_ SFAC 16.204
IFB 06107 -17 Painting Steel ShWure- Sanford Memorial Stadium
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
18
Insurance And Bonding Requirernents Which Must Be Met
1. The CONTRACTOR bidder shall be required to provide, to the Purchasing Agent, prior to signing a
contract for or commencing any work, a Certificate of Insurance which verifies coverage in compliance
with the requirements outlined below. Compliance of said certificate must be acknowledged by the
Purchasing Agent prior to start of work. Any work initiated without completion of this requirement
shall be unauthorized and the City of Sanford will not be responsible.
2. The City of Sanford reserves the right to require coverage and limits as considered to be in its best
interests. Insurance requirements shall be on a case by case basis determined by the project, conditions
and exposure.
3. Except for Professional Liability Policies, when required, all policies are to be endorsed to include the
City of Sanford as Additional Insured. In the cancellation clause the number "30" shall be inserted
into the blank space provided prior to the words 'days prior notice... ". All contractor policies are to be
considered primary to City coverage and shall not contain co-insurance provisions.
4. In the event that the insurance coverage expires prior to the completion of the project, a renewal certificate
shall be issued 30 days prior to said expiration date.
5. Subcontractors retained by the Prime Contractor are the responsibility of said Prime Contractor in all
respects
6. Insurance requirements:
COVERAGE REQUIRED
MINIMM POLICY LIMITS
Workers' Compensation
Slatufory
Conwriardat General Liability including Coraractuaf Lrabiky, Products and
Completed Operations, XCU and Owners and Confracxors Protectfw
$ 1,000,000 per occurance
:2.000.000 aggregate
Comprehensive Auto Liability, CSL, shat include any auto'
$1,000.000
(NOTE: All limits are per occurrence and must include Bodily Injury and Property Damage. AN policies
must be written on occurrence form and not on claims made form.) (All deductibles and self insured
retentions must be approved by the City of Sanford.) (All insurers must have an A.M. Best rating of at least
A: VII.)
7. Bonding Required: No bonding required for this project
8. It is noted that failure to provide of an certificate of insurance in compliance with the above within
FOUR (4) days of notification of award and to continue the coverage without a break. At the discretion of
the City of Sanford a bidder/contractor may be placed in default status if required insurance coverage or
bonding is not maintained without a break in coverage.
9. 1 hereby certify that if the contractor on whose behalf this information is submitted is awarded a contract for
any portion of the work contemplated, the insurance and bonding requirements outlined above shall be met
as required.
Firm Date
Authorized Signature Title
FORM NO. INS 17.204
IFB 06107 -17 Painting Steel StnhctureSanford Memorial Stadium
THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID
19