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HomeMy WebLinkAbout2572 PO 40303 for Oelrich Construction IncCITY OF SANFORD FINANCE DEPARTMENT / Thursday, July 18, 2024 V PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM TO: City Clerk/Mayor RE: PO 40303 for Oelrich Construction, Inc. 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 Special Instructions: For Safe Safe Keepin . CCdti Kai4,e cr 7/18/2024 From Date TADept_forms\City Clerk Transmittal Memo - 2009.doc DATE: 04/18/24 FACSIMILE: 407-688-5021 VENDOR NO.: 13260 TO: OELRICH CONSTRUCTION, INC. 275 NW 137TH DRIVE, SUITE A JONESVILLE, FL 32669 PURCHASE ORDER 1 CITY OF � NF0DT-%S / FLORIDA �. —RIDA nrrtnm L LVL\11JL1 1L>L1 liA L' L'1L 1 NO.: 858012621681C-8 SHIP TO: PO NUMBER: 040303 SUBMIT INVOICES TO: INVOICE_BD@SANFORDFL.GOV CITY OF SANFORD 300 N. PARK AVENUE- BD SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION REQUISITION NO. UNLESS OTHERWISE INDICATED NO. 03/25/24 NET/30 71603 ACCOUNT NO.: 135-1114-524.63-00 PROJECT NO.: BRWY24 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM NO. DESCRIPTION QUANTITY UNIT OF UNIT EXTENDED ISSUE COST COST 1 BREEZEWAY BUILDING EXPANSION 3999953.00 NA 1.00 3999953.00 RFQ 22/23-16 Provide Pre-Construction/Construction Services Related to GMP Contract and Conduct project site assessment to identify constructability issues and/or existing site conflicts, offer value engineering solutions TASK AUTHORIZATION FORM #1 INCLUDED COMMISSION APPROVED MARCH 25, 2024 RESOLUTION NO. 2024-3231 INCLUDED THE BREEZEWAY EXPANSION PROJECT INCLUDES THE PARTIAL DEMOLITION OF THE BREEZEWAY AREA AND CONSTRUCTION OF A NEW REPLACEMENT OFFICE SPACE THAT WILL HOUSE THE BUILDING DEPARTMENT TEAM. SUB- OTAL 3999953.00 TOTA 3999953.00 APPROVED BY: '1 APPROVED BY: PURC ASIN GENT CWY MKRAGER All packages and Invoices applicable to this P.O. must bear this P.O. Number. The Vendor shall comply with all specified and reference herein before and after. Any attempts to insert language to change these terms and conditions are hereby rejected and will be resolved in favor of the City of Sanford. Standard terms and conditions hereby incorporated into this purchase order may be found at http://www.sanfordfl.gov/index.aspex?page=879 PURCHASE ORDER TERMS AND CONDITIONS 1. By accepting this Purchase Order (PO) the Vendor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All information referenced is hereby incorporated into the P0. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Purchase Order. The Vendor agrees that Vendor shall diligently and expeditiously pursue Vendor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this PO in whole or in part at any time for default by written notice to the Vendor. The City shall have no liability to the Vendor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor's receipt of the notice of termination. 4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this PO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative. 5. Prices stated on this PO are firm, all inclusive and consistent with applicable negotiations, bid(s) and/or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the PO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this PO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturers warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods and/or services with the requirements of this purchase order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and/or require appropriate corrective action upon the discovery of any deficiency, non-compliance, or defect. 8. All tools or property furnished to the Vendor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor 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, act, failure to act, breach of contract obligation, malfeasance, officers, officials,employees, or agents. Additionally, the Vendor accepts responsibilityfor all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this purchase order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor shall not assign this P0, any rights under this PO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. 12. The Vendor shall not disclose the existence of this PO without prior written consent of the City except as may be required to perform this P0. 13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable PO number. All shipmentsshall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor shall perform the obligations of this PO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor shall provide to the bill to address an original, proper invoice (single copy) which includes: a) Vendor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods/services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the PO and adjust payment accordingly to comply with the P0. Payment will be made only to the Vendor identified on the PO and for received and accepted goods/services. The City shall have right at any time to set-off any amounts due to the Vendor against any amounts owed to the City by the Vendor and shall in the case of Vendor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this PO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever is later. 18. If this PO involves the Vendor's performance on the City's premises or at any place where the City conducts operations, the Vendor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Purchase Order, immediately suspend performance by the Vendor atVendor's expense and prohibit access to City premises until such proofs of insurance is verified. Noncompliance with this item shall place the Vendor in default and subject to disbarment from the City's Vendor List. 19. The failure of the city to enforce any provision of this P0, 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. 20. The Vendor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor's applicable literature relevant to the purchase. The Vendor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty-six (36) months from the date of being removed from the City's Vendor List. 23. In compliance with 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this PO with any contractor who knowingly employs unauthorized alien workers. 24. This PO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida Finance/Purchasing Division, Tel 407.688.5028 or 5030 (300 N Park Ave Sanford, FL 32771 Ste. 236) Purchasing Division Requisition Form Department Contact Person Vendor Address Development Services/Building Dept Angela Adkins Oelrich Construction Inc 275 NW 137 Th Drive Ste A Jonesville, FI 32669 Contact Person John Hunnicutt Tel 407-745-7877 Email 5hunnicutt@oelrichconstruction.com Requisition# 1 71603 SORD FINANCE DEPARTMENT City of Sanford PO Box 1788 Sanford, FL Seminole 32772 Phone: 407-688-5030 Fax: 407-688-5021 Email: ourchasine0sanfordfl.eov www.sanfordfl.gov PO # I Date 3-25-24 Lineltem Account Code Description Quantity Unit Extended Price 135-1114-524-631 Breezeway Project for Cd 3,997,95 and remodel of the offict, the downstairs breezewjy parking lot area Delivery Instructions: Finance Manager BudgetTransfer Override Accounts (initials) Additional Comments: RFQ 22/23-16 CCNA Internal Use Only Amount 7 d Check No. Date , :FORDCITY OF Esi. ie<� TASK AUTHORIZATION FORM ISSUED BY CITY OF SANFORD Task Authorization No.: #1 PR 71603 PO Project Title: Sanford City Hall Expansion — Breezeway Preconstruction Contractor/Consultant/Vendor: Oelrich Construction, Inc. Agreement Date and Solicitation Number: December 11, 2023, RFQ 22/23-16 This Task Authorization implements the above -referenced Agreement and assigns work to be performed under the Agreement. The terms, conditions and provisions of the Agreement apply to and govern all work under this Task Authorization Form. The Contractor shall not under any circumstances attach to any document which proposes in conjunction with this Task Assignment or otherwise propose any term, condition or provision relating to the work. A Contractor/Consultant/Vendor so doing will be in breach of the Agreement and will be engaging in conduct which the City will deem to be as unethical. Execution of this Task Authorization by the City shall serve as authorization for the Contractor/Consultant/Vendor to provide the above project, professional services as set out herein and further delineated in the specifications, conditions and requirements stated in the following listed documents, which are attached hereto and made a part hereof. ATTACHMENTS (Check all that apply): [ ] Drawings/Plans/Specification [ X ] Detailed Services and Task for project or Study [ ] Special Conditions [ ] Schedule of Subcontractor Participation (approved by the City). [ ] Other please specify Time for completion: The work authorization by this Task Authorization shall be commenced upon receipt of a purchase order by the Contractor/Consultant/Vendor and shall be completed with ( 30 ) calendar days from date of the purchase order issued by the City to the Contractor/Consultant/Vendor. Each enumerated task shall be completed in accordance with the contract time schedule set forth below. Section 00860 Task Authorization Attachment "A" Consultant RFQ —Agreement Attachment "B" Price Sheet Proposed Schedule of Subcontractor Participation Insurance Requirement Form 00860-1 oQS�iFORD Flo U asr, ts�� TASK AUTHORIZATION TASK 1 Description of Work: Provide Pre -Construction Services related to GMP Contract Document Development for the referenced project. Pre -Construction Services Proposal is incorporated by reference and made part of this Document. Refer to attached Pre - Construction Services Proposal for Scope and Cost. Contract Price: $9,944.00 Contract Time: TBD TASK 2 Description of Work: Contract Price: Contract Time: TASK 3 Description of Work: Contract Price: Contract Time: Section 00860 Task Authorization Attachment "A" Consultant RFQ —Agreement Attachment "B" Price Sheet Proposed Schedule of Subcontractor Participation Insurance Requirement Form 00860-2 .tyFORp Fe.e 0 1p.• u DEPARTMENT. TASK 4 Description of Work: Contract Price: Contract Time: TASK 5 Description of Work: Contract Price: Contract Time: Total Contract Time: Total Contract Price: TASK AUTHORIZATION SUMMARY No. Description Contract Price Contract Time 1 Pre -Construction Services $9,944.00 60 Days 2 3 4 5 TOTAL 1$9,944.00 1 60 Days Section 00860 Task Authorization Attachment "A" Consultant RFQ —Agreement Attachment "B" Price Sheet Proposed Schedule of Subcontractor Participation Insurance Requirement Form 00860-3 S,,PF08U .o • o� 9r, APPROVAL OF TASK AUTHORIZATION AND ACKNOWLEDGMENTS IN WITNESS WHEREOF, the City and following named Contractor/Consultant/Vendor have executed this instrument for the purpose herein expressed. ATTEST: lnd Nov. W. IMS 18.:0}40213 ED T) Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal sufficiency. 4miiie N _ ,,4 Lennie N. Grcot,AV�lar\titC. UiMtli, ]0]4 6:IT ESTI William L. Colbert, City Attorney ATTEST: CITY OF SANFORD �Ji✓-wt By: rooe�:l�w:1T.a: zIa IDn Art Woodruff Mayor 04/17/2024 Date: Oelrich Construction, Inc. By: I / U Matthew Marino Print Name Christina Sapp Print Name Title: Title: Senior Account Manager Section 00860 Task Authorization Attachment "A" Consultant RFQ —Agreement Attachment "B" Price Sheet Proposed Schedule of Subcontractor Participation Insurance Requirement Form 00860-5 Vice -President Dated: March 11, 2024 _ CITY OF Larger attachments are available in Sk1�F0JyL%)JTL % the City Clerk's Office for review. ,/S _ RM X FLORIDA Item No. CITY COMMISSION MEMORANDUM 24.0 � it MARCH 25, 2024 AGENDA 1 1 To: Honorable Mayor and Members of the City Commission PREPARED BY: Angela Adkins, Administrative Support Supervis velopment Services SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CMJ ,C��yN anage / SUBJECT: Award RFQ #22-23-16 Building Breezeway Pro'/ct and Budget Amendment 7 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront / ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approve Resolution No. 2024-3231 to amend the budget, award Sanford City Hall Breezeway Project to Oelrich Construction Services, and approve a procurement, under Continuing Contract for Construction Management at Risk (CMAR) which was procured under Consultants' Competitive Negotiation Act (CCNA as codified as Section 287.055, Florida Statutes) RFQ # 22/23-16 CMAR is being requested. FISCAL/STAFFING STATEMENT: The total contract is a Guaranteed Maximum Price (GMP) of$3,997,953. These prices include the parking lot at a cost of $600,000. The attached budget amendment is requested to fund the breezeway project and the parking lot costs are allocated per the below: Building 12% 72,000 Utilities 16% 96,000 Stormwater 2% 12,000 General fund (bonds) 70% 420,000 600,000 BACKGROUND: The Breezeway Expansion Project includes t h e p a r t i a l demolition of the breezeway area and construction of a new replacement office space that will house the Building Department Team. This project will increase customer service by making the Building Department more accessible, it will bring many facets of our aging building into compliance with Code standards, create additional free space in the building to provide relief to other overcrowded areas, incorporate green technologies to embrace changing needs of our community and provide an exhibition area where our community can be showcased to visitors at City Hall. Additionally, there will be significant security enhancements to safeguard our employees and visitors. The contract award will be implemented in accordance with all City Purchasing Policies and Procedures. LEGAL REVIEW: No legal review requested of the City Attorney. RECOMMENDATION: City staff recommends that the City Commission approve Resolution No. 2024-3231, to amend the budget, award the Sanford City Hall Breezeway Project to Oelrich Construction, Inc. Bid #RFQ 22/23-16, an issue a procurement in an amount of $3,997,953." SUGGESTED MOTION: "I move to approve Resolution No. 2024-3231, award Bid #RFQ 22/23-16, and a procurement to Oelrich Construction, Inc., as proposed." Attachments: (1) Amended Agreement RFQ 22/23-16 CCNA (2) Approved Agenda RFQ 22/23-16 CCNA (3) Notice of Award 22/23-16 CCNA (4) Breezeway Expansion Proposal (5) Resolution No. 2024-3231 (6) GMP Passed and adopted this 251h day of March, 2024. Attest: City Commission of the City of Sanford &jkq+ve Traci Houchin, MMC, F RU : -- ArtWoodruff ayor City Clerk E � t . ti• For use and reliance of the Sanford City Commission only. Approved as to form and legality. William Colbert, City Attorney OELRCON-01 0In/er6r6r4 ACORO"' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONEFAX (AIC, No, Ext): (352) 377-2002 (AIC, No):(352) 376-8393 Hub International Florida 2811 NW 41st Street Gainesville, FL 32606 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hanover American Insurance 36064 INSURED INSURERB:AIImerica Financial Benefit Insurance Company 41840 JNSURERC:Brid efield Employers Insurance Company 10701 Oelrich Construction, Inc. INSURER D:The Hanover Casualty Company 41602 275 NW 137th Drive Suite A Jonesville, FL 32669 INSURER E:Lloyd's of London 15792 INSURER F: DAMAGE TO RENTED 100,000 PREMISES Ea occurrence S COVFRAr,FS CFRTIFICATF_ NIIMRF_R- REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF M D POLICY EXP MIDD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE FX7 OCCURZZJD993797-04 X 7/23/2023 7/23/2024 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence S MED EXP (Any oneperson) S 5,000 PERSONAL &ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY M JECTPRO- LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OPAGG S 2'000'000 EMPLOYEE BENEFI is 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident S BODILY INJURY Per person)S X ANY AUTO X AWJD990410 7/23/2023 7/23/2024 BODILY INJURY Per accident S OWNED SCHEDULED AUTOS ONLY AUTOS I PROPERTY DAMAGE Per accident S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5'000'000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE UHJD993816-03 7/23/2023 7/23/2024 DED I I RETENTIONS General Agg S 5,000,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE F—]E.L. OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 830-52844 7/23/2023 7/23/2024 H X STATUTE ER 1,000,000 EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S 1'000'000 If yes, describe under DESCRIPTION OF OPERATIONS below 1,000,000 E.L. DISEASE - POLICY LIMIT I S D Crime BDJJ26140401 12/21/2023 12/21/2024 Aggregate 1,000,000 E Pollution SPEC263-01 8/22/2023 2/22/2024 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: City of Sanford Fire Department City of Sandford is included as Additional Insured for General Liability & Auto Liability, when required in a written contract or agreement with the Insured, as per the terms & conditions of the policy endorsements. Umbrella (or Excess) coverage is subject to the terms & conditions of the aforementioned underlying policy endorsements of General Liability, Auto Liability & Employers' Liability. Should the General Liability, Auto Liability or Workers' Compensation be canceled before the expiration date, a 30 days' notice is to be provided by the insurer to the certificate holder. City of Sandford 300 N. Park Avenue Sanford, FL 32771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0elrich Construction Rate Chart Director $ 125.00 Estimating Manager $ 110.00 Project Manager $ 110.00 Superintendent $ 90.00 Assistant Project Manager $ 70.00 Assistant Superintendent $ 70.00 Estimator $ 60.00 Assistant Estimator $ 50.00 Project/Field Engineer $ 50.00 Admin Support $ 50.00 Intern $ 25.00 Oelrich Construction, Inc I Offices in Gainesville & Orlando 1 352-745-7877 .t OELRICH CONSTRUCTION INC. OELRICH CONSTRUCTION INC. GainesviLLe Office: 275 NW 137' Drive, Suite A Jonesville, FL 32669 Orlando Office: 428 S. DiLLard St., Suite 103 Winter Garden, FL 34787 oetrichconstruction.com te1:352-745.7877 CGC1510579 March 11, 2024 Matt Gans Project Manager 2290 Lucien Way, Suite 300 Maitland, FL 32751 Re: City of Sanford — City Hall Expansion Guaranteed Maximum Price Proposal REF: CCNA RFQ 22123-16 Mr. Gans, Oelrich Construction, Inc. is pleased to present this Guaranteed Maximum Price proposal for the construction required to complete the renovations and new construction to the City of Sanford — City Hall Expansion as specified on the construction documents provided by CPH dated May 15, 2023. The Guaranteed Maximum Price for this project is: Three Million, Nine Hundred Ninety -Nine Thousand, Nine Hundred Fifty -Three Dollars .......... $ 3,999,953.00 Please find the attached GMP Overview, GMP Breakdown, Qualifications, Schedule, Construction Management Team, and List of Construction Documents that are included as part of this Guaranteed Maximum Price proposal. We appreciate the opportunity to be a part of this project, and we look forward to its successful completion. Please feel free to contact me at any time if you have any questions. Sincerely, Oelrich Construction, Inc. Matthew Marino Director of Preconstruction AMENDED AGREEMENT BY AND BETWEEN THE CITY OF SANFORD, FLORIDA AND OELRICH CONSTRUCTION, INC. FOR SOLICITATION NUMBER: RFQ 22/23-16/13ROFESSIONAL CONSULTING SERVICES — CCNA THIS CCNA CONSULTING/PROFESSIONAL SERVICES AMENDED AGREEMENT (hereinafter the "Agreement") is made and entered into on the last date of execution by a party as set forth below, by and between the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the "City"), whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, Oelrich Construction, Inc., a Florida corporation, ("Oelrich" throughout), whose corporate mailing address and local address is 25125 West Newberry Road. Newberry, Florida 32669. The City and Oelrich may be collectively referenced herein as the "Parties". This Agreement amends and replaces the agreement entered into by and between the Parties effective on December 11, 2023 which agreement is in good standing and the Parties agree that all matters that have taken place under the terms and conditions that agreement are hereby ratified and affirmed with the Parties agreeing that the Parties have no claim against one another and no assertion of a breach or claim against one another. WITNESSETH: IN CONSIDERATION of the mutual covenants, promises, and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: Section 1. Recitals; Incorporation of City Solicitation Number Solicitation Number: RFQ 22123-16. (a). The above recitals are true and form a material part of this Agreement upon which the Parties have relied. (b). The provisions of City Solicitation Number: RFQ 22/23-16 and the response filed by Oelrich are incorporated into this Agreement; provided, however, that if there is any inconsistency between this Agreement (including, but not limited to, the City's web based terms and conditions referenced herein) and the provisions of the Solicitation or Oelrich's Response, then the provisions of the City's Solicitation shall prevail. For example, the insurance requirements set forth in the City's Solicitation shall apply to the engagement of professional services by the City as set forth herein. Section 2. Authority. 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 persons executing this Agreement for each party certify that they are authorized to bind the party fully to the terms of this Agreement. 1 I Page Section 3. Scope of Agreement. This Agreement is for consulting and engineering services as set forth in the Consultant's Competitive Negotiation Act (the "CCNA" as codified at Section 287.055, Florida Statutes) and the procurement solicitation documents relating hereto, the Response thereto from Oelrich and the work orders and documents related hereto as issued by the City (all of which are incorporated herein as if fully set forth herein verbatim) and it is recognized that Oelrich shall perform services as otherwise directed by the City all of such services to include all labor and materials that may be required including, but in no way limited to, the goods and services provided by subconsultants as may be approved by the City within the amount of compensation to be paid to Oelrich This is a continuing services contract under the provisions of the CCNA and within the scope of the professional service of engineering as defined in Section 471.005(7), Florida Statutes, or its successor provisions to include, but not in any way be limited to, construction management services. Section 4. Effective Date and Term of Agreement. This Agreement shall take effect on the date that this Agreement is fully executed by the Parties hereto. This Agreement shall remain in effect until the services provided under all City work orders have been fully performed in accordance with the requirements of the City; provided, however, that, the indemnification provisions and insurance provisions in favor of the City shall not terminate and the protections afforded to the City shall continue in effect subsequent to such services being provided by Oelrich No services have commenced prior to the execution of this Agreement that would entitle Oelrich for any compensation therefor. This Agreement constitutes a continuing contract under the CCNA and may be terminated in accordance with the provisions of the City's web -based terms and conditions as referenced herein. Section 5. Compensation. The Parties agree to compensation for services as set forth in the City's work orders as issued from time -to -time for specific services identified in the work orders said services to be provided within the timeframes as stated in the work orders. Section 6. Standard City Web -Based Contractual Terms and Conditions. (a). All "Standard Contractual Terms and Conditions", as provided on the City's website as shown at: www.SanfordFL.gov, apply to this Agreement. Such Terms and Conditions may be found at the City's website: https://sanfordfl.gov/governmentlfinance/purchasing-division/, or a successor link. (b). The Parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law. Work orders shall be used, in accordance therewith, in the implementation of this Agreement to the extent deemed necessary by the City in its sole and absolute discretion. Additionally, the Parties agree that the provisions of all Federal rules and procedures, and any other 2 1 P a g e matters required to be incorporated herein are incorporated into this Agreement (such as, but not limited to, any and all required contract clauses by agencies such as the FEMA and the Florida Department of Economic Opportunity or their successor agencies). All services shall be subject to the provisions of the CCNA and all controlling requirements of Federal law and other State law such as, by way of example only and not a limitation, the provisions of Section 287.055 and Section 287.075, Florida Statutes. Notwithstanding the general provisions of this Section, the specific provisions of this Agreement relating to the FEMA shall be fully applicable and controlling with respect to the performance of this Agreement. Further, as to any provisions of Federal law which control as to the performance of this Agreement and any provisions hereof which relate to Federal law, those provisions shall take precedence over any and all conflicting provisions of this Agreement. Section 7. Oelrich's Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. (a). In order to comply with Section 119.070 1, Florida Statutes, public records laws, Oelrich must: (1). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (2). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of Oelrich upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (b). If Oelrich does not comply with a public records request, the City shall enforce the provisions of this Agreement in accordance with this Agreement. (c). Failure by Oelrich to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. Oelrich shall promptly provide the City with a copy of any 31Page request to inspect or copy public records in possession of Oelrich and shall promptly provide the City with a copy of Oelrich's response to each such request. (d). IF THE CONTRACTORIVENDOR (OELRICH) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'SIVENDOR'S (OELRICH'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, TRACI.HOUCHIN@SAN FORDFL.GOV. Section 8. Time is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement. Section 9. Entire Agreement/Modification. This Agreement and the provisions thereof, together with all standard contractual terms and conditions, as provided on the City's website and the controlling requirements of Federal law, and including, without limitation, the documents attached hereto, constitute the entire integrated agreement between the City and Oelrich and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral in connection therewith and all the terms and provisions contained herein constitute the full and complete agreement between the Parties hereto to the date hereof. This Agreement may only be amended, supplemented or modified by a formal written amendment of equal dignity herewith. Section 10. Severability. 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. Section 11. 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 12. 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. 41Page Section 13. 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. Section 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the Parties. 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 signatories hereof represent that they have the requisite and legal authority to execute this Agreement and bind the respective Parties herein. Section 15. Remedies. The rights and remedies of the Parties, provided for under this Agreement, are in addition to any other rights and remedies provided by law or otherwise necessary in the public interest. Section 16. Governing law, Venue and Interpretation. This Agreement is to be governed by the laws of the State of Florida. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County, Florida. This Agreement is the result of bona fide arms length negotiations between the City and Oelrich, and all Parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party. than against any other party and all provisions shall be applied to fulfill the public interest. References to laws shall be to the latest, amended, version of that law which provisions shall be applicable and controlling as to the terms and conditions of this Agreement. Section 17. Additional Terms and Conditions; FEMA Provisions. The following provisions are required by the FEMA in order for expenditures by the City to be eligible for federal reimbursement in the event of a State declaration of disaster emergency pursuant to Section 28 of the Executive Law. (a). REMEDIES. Remedies for Oelrich failure to observe or perform any term or condition shall be as provided in the City's web based contractual terms and conditions. (b). TERMINATION FOR CAUSE AND CONVENIENCE. Termination for cause and convenience shall be in accordance with the City's web based contractual terms and conditions and Section 5, Copeland Anti -Kickback Act. (c). EQUAL EMPLOYMENT OPPORTUNITY. During the performance of the any purchase by the City, Oelrich agrees as follows: (1) Oelrich shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Oelrich shall take affirmative action to 51Page ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Oelrich agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) Oelrich shall, in all solicitations or advertisements for employees placed by or on behalf of Oelrich, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity or national origin. (3) Oelrich shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with Oelrich's legal duty to furnish information. (4) Oelrich shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of Oelrich's commitments under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) Oelrich shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (6) Oeirich shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6 1 P a g e (7) In the event of Oelrich's noncompliance with the nondiscrimination clauses of the City's web based contractual terms and conditions and this Agreement or with any of the said rules, regulations, or orders, the City's web based contractual terms and conditions and this Agreement may be canceled, terminated, or suspended in whole or in part, and Oelrich may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) Oelrich shall include the entirety of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. Oeirich shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event Oelrich becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Oelrich may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it shall be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work: Provided, that if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The City and Oelrich agree that it shall assist and cooperate actively with the FEMA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it shall otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it shall refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated 7 1 P a g e eligibility for, Government contracts and federally assisted construction contracts pursuant to the said Executive Order and shall carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part ll, Subpart D of the said Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the City under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such City; and refer the case to the Department of Justice for appropriate legal proceedings. (d). DA VIS -BACON ACT. To implement the provisions of the Davis Bacon Act: (1). If applicable, all transactions regarding the City's web based contractual terms and conditions and this Agreement or any purchase by the City shall be accomplished in compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. Oelrich shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (2). Contractors are required to and shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (3). Additionally, contractors are required to pay wages not less than once a week. (e). COPELAND ANTI -KICKBACK ACT. To implement the provisions of the Copeland Anti -Kickback Act: (1). Contractor. Oelrich shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the City's web based contractual terms and conditions and this Agreement. (2). Subcontracts. Oelrich or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the 81 Page compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3). Breach. A breach of the clauses above may be grounds for termination of the City's web based contractual terms and conditions and this Agreement, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (f). CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. To implement the provisions of the Contract Work Hours And Safety Standards Act: (1). Overtime requirements. No contractor or subcontractor for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2). Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in this Section, Oelrich and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Oelrich and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in this Section, in the sum of $26.00 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in this Section. (3). Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Oelrich or subcontractor under any such contract or any other Federal Agreement with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in this Section. 91Page (4). Subcontracts. Oelrich or subcontractor shall insert in any subcontracts the clauses set forth in this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section. (g). RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. All such rights shall be addressed in accordance with Ownership/Title to Project Deliverables, Appendix B, General Specifications. (h). CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT. To implement the provisions of the Clean Air Act and the Federal Water Pollution Control Act: (1). Clean Air Act: (A). Oelrich agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et, seq. (B). Oelrich agrees to report each violation to the City and understands and agrees that the Office of General Services or the City shall, in tum, report each violation as required to assure notification to the FEMA, and the appropriate Environmental Protection Agency Regional Office. (C). Oelrich agrees to include these requirements in each subcontract exceeding $150,000.00 financed in whole or in part with Federal assistance provided by the FEMA. (2). Federal Water Pollution Control Act: (A). Oelrich agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (B). Oelrich agrees to report each violation to the Office of General Services and City and understands and agrees that the Office of General Services or the City shall, in turn, report each violation as required to assure notification to the FEMA, and the appropriate Environmental Protection Agency Regional Office. 101Page (C). Oelrich agrees to include these requirements in each subcontract exceeding $150,000.00 financed in whole or in part with Federal assistance provided by the FEMA. (i). DEBARMENT AND SUSPENSION. (1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Oelrich is required to verify that none of Oelrich's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) Oelrich must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the State or City. If it is later determined that Oelrich did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State or the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) Oelrich agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. Oelrich further agrees to include a provision requiring such compliance in its lower tier covered transactions. BYRD ANTI -LOBBYING AMENDMENT. (1). Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352. if the City's web based contractual terms and conditions and this Agreement or any purchase by the City has a value of $100,000 or more, Oelrich shall file the required certification. Each tier certifies to the tier above that it shall not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such III Page disclosures are forwarded from tier to tier up to the recipient who in turn shall forward the certification (s) to the awarding agency. (2). Required Certification. Oelrich and all contractors and subcontractors must sign and submit to the City, and such other agencies as the City may direct, a certification in substantially the following form. Project Name: Bid No.: Oelrich (or other entity) certifies the following: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed 121Pabe (k) by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 5. Oelrich certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. in addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Oelrich (Or other entity.) Signature of Authorized Representative (Affiant) Date Printed or Typed Name and Title of Authorized Representative (Affiant) STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY officer duly authorized to acknowledgments, that on this day, before me, an administer oaths and take personally appeared { } who is personally known to me or { } who produced as identification and acknowledged before me that s/he executed the same. Sworn and subscribed before me, by by means of {} physical presence or {} online notarization on the day of , 202_, the said person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and allegations contained herein are true and correct. WITNESS my hand and official seal in the County and State last aforesaid this day of , 202—. (Notary Public in and for the County and State Aforementioned) PROCUREMENT OF RECOVERED MATERIALS. 131Page (1). In the performance of this Agreement, Oelrich shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: (A). Competitively within a timeframe providing for compliance with the Agreement's performance schedule; (B). Meeting Agreement performance requirements; or (C). At a reasonable price. (2). Information about this requirement, along with the list of EPA - designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. (3).Oelrich also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. (1). ACCESS TO RECORDS. (1) Oelrich agrees to provide the Office of General Services or the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of Oelrich that are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. (2) Oelrich agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) Oelrich agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under this Agreement. (4) In compliance with the Disaster Recovery Act of 2018, the State and Oelrich acknowledge and agree that no language in this Agreement is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. (m). CHANGES. Amendments to this Agreement shall be in accordance with the terms of the City's web based contractual terms and conditions and this Agreement. 141Paae (n). DEPARTMENT OF HOMELAND SECURITY (DHS) SEAL, LOGO, AND FLAGS. Oelrich shall not use the DHS seals, logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. (n). COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS. Oelrich and the City acknowledge that FEMA financial assistance shall be used to fund all or a portion of this Agreement. Oelrich shall comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. (o). NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this Agreement or any purchase by the City and is not subject to any obligations or liabilities to the State, Oelrich, or any other party pertaining to any matter resulting from this Agreement or any purchase by the City. (p). PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. Oelrich acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to Oelrich's actions pertaining to this Agreement or any purchase by the City. (q). ADDITIONAL MISCELLANEOUS PROVISIONS. Notwithstanding the specificity that may be set forth in another provision of this Agreement or the City's web - based terms and conditions as referenced herein, the following provisions shall apply: (1). All work orders shall include a ceiling price, as required by the FEMA for time and materials contracts, and the ceiling price shall be enacted/stated prior to work starting. Even if phased lump sum billing is being implemented, a total price listed on each work order/authorization document. (2). If work is to be billed on the basis of time and materials, Neil - Schaffer understands that they it log its time with name, date, hours and comments for specifics of what they worked on, as the FEMA will require this to be accomplished for reimbursement purposes and, to that end,. the applicable time log should be submitted with each invoice. (3). The FEMA does not allow for a percentage -based markup on subcontractor costs, materials, or any other costs for a time and materials contract. Any identified percentage -based markup will be made ineligible by the FEMA for a time and materials contract. Any overhead/profit shall be built into hourly rates and not billed with a percentage -based markup. Materials shall be billed at cost with no markup and are required to include original receipts. 151Paae (4). The Federal "Prohibition on Contracting for Covered Telecommunications Equipment or Services" requirement does not apply to this Agreement, but, in any event, Oelrich shall not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception or waiver has been granted under controlling Federal law in which case the exception or waiver document shall be immediately provided to the City for its approval. (5). The Federal "Domestic Preference for Procurements" is not applicable to this contract, but if it is later found to be applicable, Oelrich shall, as appropriate and to the extent consistent with law, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). (6). Although the City's web -based terms and conditions as referenced herein address changes and modifications to this Agreement to alter the method, price, or schedule of the work without breaching the contract may only be accomplished by a formal amendment to this Agreement. IN WITNESS WHEREOF, the City and Oelrich have executed this instrument for the purpose herein expressed with the undersigned persons affirming that they have full and plenary authority to execute this instrument and bind their respective party.. SIGNATURE BLOCKS FOLLOW: 161Page Attest. Traces Noucliuo Traci Houchin, MMC, FCRM City Clerk Approved as to form and ,� legal sufficiency. CL IONK(BYDD Sd. �DY ..cx•c�a�a, c.0 p. ,:c:r: �zrm '� S William L. Colbert `'• �_ City Attorney Attest. Si hature�CJf Witness # 1 anted Na e_: Matthew -Marino i Signature Of Witness # 2 Printed Name: Christina Sapp City of Sanford Bv: Art Woodruff Mayor 07/02/2024 Date: Oelrich Construction, Inc., a Florida corporation. By: Ivan A. Oelrich Director/Sole Corporate Officer Date: February 6, 2024 171Page