HomeMy WebLinkAbout2604 Condor Constr- IFB 24/25-07-2nd St Streetscape Improvement (perf/payment bond)CITY OF
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.. i FLORIDA
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PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order
❑ Final Plat (original mylars)
❑ Letter of Credit
❑ Maintenance Bond
❑ Ordinance
Performance Bond
❑ Resolution
Once completed, please:
❑ Return original
❑ Return copy
El
Special Instructions:
Mayor's signature
Recording
Rendering
Safekeeping (Vault)
Please advise if you have any questions regarding the above.
Thank you!
yl 11q,1S "/,- 9,? -L[, Z5 --
From Date
Public Work Executed in 2 Counterparts
F.S. Chapter 255.05 (1)(a)
Cover Page
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND
ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE
WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23
FLORIDA STATUTES.
BOND NO: PPDO102297
CONTRACTOR NAME:
Condor Construction, Corp.
CONTRACTOR ADDRESS:
1800 Pembrook Drive, Suite 220
Orlando, FL 32810
CONTRACTOR PHONE NO:
(407) 895-2598
SURETY COMPANY:
Developers Surety and indemnity Company
800 Superior Avenue E., 21st Floor Cleveland, OH 44114
(216) 328-6100
OWNER NAME:
City of Sanford
OWNER ADDRESS:
300 North Park Avenue, Sanford, FL, 32771
OWNER PHONE NO.:
(407) 688-5028
OBLIGEE NAME: (If contracting
entity is different from the owner,
the contracting public entity)
OBLIGEE ADDRESS:
OBLIGEE PHONE NO.:
BOND AMOUNT:
$2,393,484.60
CONTRACT NO.: (If applicable)
IFB No. 24/25-07
DESCRIPTION OF WORK:
2nd St. Streetscape Improvement
PROJECT LOCATION:
Along 2nd St from Oak Ave. to Sanford Ave., Sanford, Florida
LEGAL DESCRIPTION:
(If applicable)
OBLIGEE ADDRESS:
MODIFICATIONS:
FRONT PAGE
All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon.
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The attached Statutory Cover Page forms and becomes a part of this bond.
Executed in 2 Counterparts
Bond No. PPDO102297
SECTION 00605
PERFORMANCE BOND
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS that:
Condor Construction, Corp.
(Name of CONTRACTOR)
1800 Pembrook Drive. Suite 220 Orlando, FL 32810
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: (407) 895-2598
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and. Developers Surety and Indemnity_ Company
(Name of Surety)
800 Superior Avenue E.: 21 st Floor. Cleveland, O_ H 44114 _
(Address of Surety)
Surety's Telephone Number: (216) 328-6100
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave, Sanford, Florida 32771, hereinafter called "CITY", in the sum of Two million Three Hundred Ninety -Three
Thousand Four Hundred Eighty -Four and 60/100 DOLLARS ($ 2.393.484.60--------------- ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred percent (100%) of the Contract Price.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such
that whereas, the Principal entered into a certain Agreement with CITY, dated the 2nd
day of April. 20 25 a copy of which is hereto attached
and made a part hereof for the construction of: 2nd St. Streetscape Improvements fIFB No.
24/25-07).
The Project is located (Provide Legal Description. If in RNV, provide address or general
location): Alonq 2nd St. from Oak Ave. to Sanford Ave.. Sanford. Florida.
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for streetscape improvements along
approximately 1,300 -ft of 2nd St. from Oak Ave. to Sanford Ave. The Work includes the
rehabilitation of the existing brick pavement, replacement of concrete sidewalks to be ADA
compliant, drainage adjustments, concrete parking, streetlights, and new landscape.
2"o ST. STREETSCAPE IMPROVEMENTS PERFORMANCE BOND
(100% of Contract Price)
00605-1
IN WITNESS WHEREOF, this instrument is executed this 21st day of April
, 20 25
ATTEST.•
By: Secretary
Typed Name of Secretary
PRINCIPAUCONTRACTOR
Condor Co tru Corp.
PRINCIPA / ONTRAC�TOR
By: CONTRACTOR Signatory Authority
Lq)s F PimZor) / 4tes,devii
Typed Name and Titl
pRiJL��` 1800 Pembrook Drive, Suite 220
(CO ORATE SEAL)+, .�c;? q T� . ;d ,,Address
'
�} ; Orlando FL 32810
(Witss to CONTRACTOR =City, State, Zip
(Witness
Ll}Z, p+• �,C_J��0��1�_ S a ' ,'�407 895-2598
Typed Name r . Telephone No. Facsimile No.
(Witness to CONTRACTOR)
Typed Name
(Surety Signature Page Follows)
2ND ST. STREETSCAPE IMPROVEMENTS
00605-4
PERFORMANCE BOND
(100% of Contract Price)
ATTEST.
(S RETY) Secretary
Susan L. Reich
Typed or Printed Name
Witness as to SURETY
Miqdiel Burgos
Typed or Printed Name
Witness as to`SURETY
Olivia Golecki
Typed or Printed Name
SURETY
Developers Surety and Indemnity Company
SURETY
,... `�
Jeffrey W. Reich*
Typed or Printed Name
Attorney -in -Fact & FL Lic. Resident Agent*
Title
800 Superior Avenue E., 21 st Floor
Address
Cleveland, OH 44114
City, State, Zip
(216) 328-6100
Telephone No. Facsimile No.
*Florida Surety Bonds, Inc.
620 N. Wymore Rd., #200, Maitland, FL 32751
407-786-7770
NOTE: Date of this Performance Bond must not be prior to date of the Agreement. If
CONTRACTOR is a joint venture, all ventures shall execute this Performance Bond. If
CONTRACTOR is a Partnership, all partners shall execute this Performance Bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's
most current list (Circular 570, as amended) and be authorized to transact business in the State of
Florida, unless otherwise specifically approved in writing by CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attomeys-in-fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
2ND ST. STREETSCAPE IMPROVEMENTS
END OF SECTION
00605-5
PERFORMANCE BOND
(100% of Contract Price)
The attached Statutory Cover Page forms and becomes a part of this bond.
Executed in 2 Counterparts
Bond No. PPDO102297
SECTION 00610
PAYMENT BOND
(100% of Contract Price)
KNOW ALL MEN BY THESE PRESENTS that:
Condor Construction, Corp.
(Name of CONTRACTOR)
1800 Pembrook Drive, Suite 220 Orlando, FL 32810
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: (407) 895-2598 0) o 5
C) .c
o z o
a Corporation a
(Corporation, Partnership, or Individual) -n° W
r � C
w yCL
o
hereinafter called "Principal", and Developers Surety and Indemnity Company v rD N
(Name of Surety) ^' C:
v
800 Superior Avenue E.. 21 st Floor. Cleveland, OH 44114
V'
(Address of Surety)
Surety's Telephone Number: (216) 328-6100
hereinafter called "Surety", are held and firmly bound unto CITY OF SANFORD, 300 N. Park
Ave., Sanford, Florida 32771, hereinafter called "CITY", in the SUM of Two million Three Hundred Ninety -Thr
Thousand Four Hundred Eighty -Four and 60/100 DOLLARS ($ 2.393,484.60------------- ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such
that whereas, the Principal entered into a certain Agreement with CITY, dated thee_ day
of April 2025, a copy of which is hereto attached and made a part hereof for
the construction of: 2nd St. Streetscaoe Improvements (IFB No. 24/25-07}.
The Project is located (Provide Legal Description. If in RNV, provide address or general
location): From Oak Ave. to Sanford Ave.. Sanford, Florida.
General description of the Work: The CONTRACTOR is responsible for all labor, materials,
equipment, coordination, and incidentals necessary for streetscape improvements along
approximately 1,300 -ft of 2nd St. from Oak Ave. to Sanford Ave. The Work includes the
rehabilitation of the existing brick pavement, replacement of concrete sidewalks to be ADA
compliant, drainage adjustments, concrete parking, streetlights, and new landscape.
2"o ST. STREETSCAPE IMPROVEMENTS PAYMENT BOND
(100% of Contract Price)
00610-1
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the
work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject; however, to the following conditions:
1. This Payment Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as same may be amended.
2. It is a specific condition of this Payment Bond that a claimant's right of action on this
Payment Bond is limited to the provisions of Section 255.05, Florida Statutes, including, but not
limited to, the one (1) year time limitation within which suits may be brought.
3. This Payment Bond is conditioned that CONTRACTOR shall promptly make payments
to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the
prosecution of the work provided for in the Agreement.
Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall,
within forty-five (45) days after beginning to furnish labor, materials, or supplies for the
prosecution of the work, furnish CONTRACTOR with a notice that (s)he may look to this
Payment Bond for protection. A claimant who is not in privity with the CONTRACTOR and who
has not received payment for his/her labor, materials, supplies, or rental equipment within ninety
(90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver
to CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of
the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies
may be instituted against CONTRACTOR or the Surety on the bond after one (1) year from the
performance of the labor or completion of the delivery of the materials or supplies.
4. Any changes in or under the Agreement or Contract Documents and compliance or non-
compliance with any formalities connected with the Agreement or the changes therein shall not
affect Surety's obligations under this Payment Bond and Surety hereby waives notice of any
such changes. Further, Principal and Surety acknowledge that the sum of this Payment Bond
shall increase or decrease in accordance with the Change Orders (unilateral or directive change
orders and bilateral change orders) or other modifications to the Agreement or Contract
Documents. This Payment Bond shall not cover any components or materials directly
purchased and paid for by CITY pursuant to Sales Tax Recovery.
5. The Performance Bond and this Payment Bond and the covered amounts of each are
separate and distinct from each other. This Payment Bond shall be construed as a statutory
Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond.
2ND ST. STREETSCAPE IMPROVEMENTS PAYMENT BOND
(100% of Contract Price)
00610-2
ATTEST:
(SU Y) Secretary
Susan L. Reich
Typed or Printed Name
Witness as to SURETY
diel Buraos
Typed or Printed Name •
&kc `^
Witness as SURETY
Olivia Golecki
Typed or Printed Name
SURETY
Developers Surety and Indemnity Company
SURETY " %; ,
L
Jeffrey W. Reich'
Typed or Printed Name
Attorney -in -Fact & FL Lic. Resident Agent*
Title
800 Superior Avenue E., 21 st Floor
Address
Cleveland, OH 44114
City, State, Zip
(216) 328-6100
Telephone No. Facsimile No.
"Florida Surety Bonds, Inc.
620 N. Wymore Rd., #200, Maitland, FL 32751
407-786-7770
NOTE: Date of this Payment Bond must not be prior to date of the Agreement. If CONTRACTOR
is a joint venture, all ventures shall execute this Payment Bond. If CONTRACTOR is a
Partnership, all partners shall execute this Payment Bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's
most current list (Circular 570, as amended) and be authorized to transact business in the State of
Florida, unless otherwise specifically approved in writing by CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attomeys-in-fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of surety companies must list their name, address, and telephone
number on all Bonds.
2ND ST. STREETSCAPE IMPROVEMENTS
END OF SECTION
00610-4
PAYMENT BOND
(100% of Contract Price)
POWER OF ATTORNF,\' FOR
CORFPOINTE INSURANCE COMPANY
DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane, 43rd Floor. New York, NY 10038
(212)220-7120
KNOW ALL BY THESE PRESENTS that, except as expressly limited herein- COREPOm'm INSURANCE: COMPANY and DEVELOPERS SURETY AND
INDEMNITY COMPANY, do hereby make, constitute and appoint
Jeffrey W. Reich, Susan L. Reich. Kim E. Niv, Sarah K. O'Linn, Robert P. O'Linn, and Emily J. Golecki of Maitland, FL
as its true and lawful Attomev-in-Fact, to make, execute, deliver and acknowledge, for and on behalfot said companies, as Sureties, bonds. undertakings and conu'ac:S
of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perforin every act necessary, requisite or proper to be clone in
connection therewith as each of said company could do, but reserving to each of said company lidl power of Substitution and revocation, and all of the acts of said
Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is effective August 1, 2023 _ _ and
sha!l expire on December 31, 2025,
This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of CORP.POIN l'fi INSURANCE
COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY" (collectively, "Company") on February 10, 2023.
RESOLVED, that Sam Zaza, President- Suretv Underwriting. James Bell. Vice President Suretv Undenvrmne- and Craig Dawson. Executive Undervnter.
Soret . each an employee of Am Trust North America, Inc.. an affiliate of the Company (the "Authorized Sienors" )- are hereby authorized to execute a Poster
of Attorney, qualifying attorneys) -in -fact named in the Power of Attorney to execute, on behalf of Ude Company. bonds, undertakings and contracts of
suretyship, or other suretyship obligations, and that the Secretary or any Assistant Secretary of the Company be. and each of them hereby is, authorized to attest
the execution of any such Power of Attorney
RESOLVED, that the signature of any one of the Authorized Signors and the Secretary or any Assistant Secretary of the Company, and the seal of the C ompany
must be affixed to any such Power of Attorney, and any such signature or seal may he affixed by facsimile, and such Power of Attorney +hall be valid and
binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. COREPOINTF INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have catisetl these presents to be
signed by the Authorized Signtx and attested by their Secretary or Assistant Secretary this March 27. 2023
�) %*01 Nrrr1,, ,,44414111,//
•.•`�"NSURq,•. •.•`•,,•( AND //V
v
z .QORq Ctx J�. •pR''ORgT C�.r
Prince Nai c' Suin /.ttza co
Title: President, Suretv Underwriting -w- SEAL 193 6
J• •-F�AWPF:. • 'T_.� • • t/Fog
ACKNOWLEDGEMENT: '�.��p'"" *� •.•
4,•`,4• rr4l* 144•``,`
•444141
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF California COUNTY Oh Orange
On this 27 day of March . 20 23 . before me, floanit-Qin en Phu Pliant . personally appeared Sam /_aza _
who proved to me on the basis of satistactory evidence to be the person %hoose name is subscribed to within the instrument and acknowledged to me that they executed
the same in their authorized rapacity, and that by the signature on the instrument the entities upon behalf which the person acted. executed this instrument.
certih, raider penalty of pctjurV. under the laws of the State of California
WITNESS my hand and official seal.
Signature
CORPORATE CERTIFICATION
that the foregoing paragraph is true and correct.
ry HOANG-QUYEN P. /HAM
Notary Public - California =
Orange County
Commission t 2432970
•• My Comm. Expires Dec 31, 2026
The undersigned, the Secretary or Assistant Secretary of C'OREPOIN Eli INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY
COMPANY, does hereby certify that the provisions of the resolutions ofthe respective Boards oi'Directors of sn d . ApJ;ationS Set forth in this Power of'Attoincy
are in force as of the date of this Certification.
This Certification is executed in the City of Cleveki nd. Ohio. this March 14, _023.
DocuSigned by: �P
By: M. lb rut n%-( BarrW Moses. Assistant Secrrta y • J 1.OA No. NIA
lF�j
�:6864156ADE546C... t^,
DocuSignEnvelopelD:3352BFD6-5E9D-4796-837E-C1E455E6530F Ed.0323
Signed and sealed this 21st day of April, 2025
SECTION 00520
AGREEMENT FORM
PART1 GENERAL
1.01 THIS AGREEMENT, made and entered into the 2nd day of April 2025
by and between the City of Sanford Florida 300 North Park Avenue Sanford Florida
32771, a municipal corporation of the State of Florida, holding tax exempt status,
hereinafter referred to as the "CITY" (also referred to as "OWNER") and _Condor
Construction._ Corp., whose principal and local address is _ 1800 Pembrook Drive. Ste
220 Orlando Florida 32810, hereinafter referred to as to as the "CONTRACTOR" The
CITY and the CONTRACTOR are collectively referred to herein as the Parties.
1.02 The Owner and Contractor Agree as Follows:
A. The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the
General Conditions, the Supplementary Conditions, the Specifications listed in
the Index to the Project Manual, any technical specifications as incorporated by
the Project Manual; the Drawings as listed in the Project Manual, all Written
Amendments, Change Orders, Work Change Directives, Field Orders, Engineer's
written interpretations and clarifications issued on or after the Effective Date of
this Agreement, and all documents which are fully a part of the Contract with the
City are identified by title and number as set forth below and are available for
review at and downloading from the City's Web site (site in full) and all
documents are agreed to be incorporated into the Contract as if physically
attached to the Contract and are, further, agreed to be incorporated into the
Contract as if fully set forth therein verbatim. The Contract Documents include:
1. Executed, Section 00520 - Agreement Form.
2. The Project Manual. Note the Index (starting on page number 00010-1 of
the Project Manual) includes all instructions, terms, general and
supplemental conditions, bid documents, plans, prints and specifications
pertaining to the Project.
3. Addenda Applicable to the Bid
4. Contractor's Bid (Proposal), 00410.
5. Performance Bond, 00605.
6. Payment Bond, 00610
7. Material and Workmanship Bond, 00615.
8. Trench Safety (Executed Form), 00430
9. Non -Collusion Affidavit, 00432
10. Conflict of Interest Affidavit, 00434
11. Public Entities Crime Affidavit, 00436
12, Compliance With the Public Records Law Affidavit, 00438
13. Bidder Qualification Affidavit, 00440
14. Certification Of Non -Segregated Facilities (Executed Form), 00450
15. Disputes Disclosure (Executed Form), 00452
16. Drug Free Workplace (Executed Form), 00454
2ND ST STREETSCAPE IMPROVEMENTS AGREEMENT
00520-1
17. Unauthorized (Illegal) Alien Workers Affidavit, 00456
18, E -Verify Compliance Affidavit, 00458
19. Americans With Disabilities Act Affidavit, 00460
20. Financial Information (Executed Form) (If Required by City), 00462
21. Insurance Certificate(s)
22. Notice of Award, 00510
23. Criminal Background Check Requirements (If Required for Project by
City), 00525
24. Notice to Proceed, 00530.
25. Consent of Surety to Final Payment (Executed Form), 00617.
26. Contractor's Application for Payment (Executed Forms), 00625.
27. Certificate of Substantial Completion, 00626.
28. Certificate of Final Completion, 00627.
29. Contractor's Partial Release of Lien (Executed Forms), 00640.
30. Contractor's Release of Lien (Executed Form), 00645.
31. Subcontractor's Partial Release of Lien (Executed Forms), 00646.
32. Subcontractor's Final Release of Lien (Executed Form), 00647.
33, Project Field Order (Executed Form), 00940.
34. Work Directive Change (Executed Form), 00945.
35. Change Order (Executed), 00950.
36. Additional document(s) that are not specifically listed in Paragraph
1.02.A.1 through 1.02.A.36, but which are included in the Project Manual
and any additional documents agreed upon by the Parties shall be
included as a part of the Contract.
These documents form the Contract, and all are as fully a part of the Contract as
if attached to this Agreement or repeated herein. As the documents indicated
above are executed, the date of final execution and initials of the individual who
received the executed document(s) is to be added to the blank next to the listed
document(s) when processed and made a part of the City's official set of
Contract Documents.
B. Scope of Work
The Contractor shall perform all work required by the Contract Documents for the
construction of the 2nd St._Streetscace Improvements_(IFB No, 24125-07).
C. Contract Time
The Contractor shall begin work after the issuance of a written Notice to Proceed
from Owner and shall substantially complete the work within the Contract Time
identified in Paragraphs 1.02.C.5 of the Bid Form, which is 270 calendar days.
The work shall be finally complete, ready for Final Payment in accordance with
the General Conditions, within 45 calendar days from the actual date of
substantial completion.
2ND ST STREETSCAPE IMPROVEMENTS AGREEMENT
00520-2
D. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph C above, plus any
extensions thereof allowed in accordance with the General Conditions. They
also recognize the delays, expense and difficulties involved in proving in a legal
arbitration proceeding the actual loss suffered by OWNER if the Work is not
substantially complete on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not
as a penalty) CONTRACTOR shall pay OWNER 1000 for each calendar day
that expires after the time specified in Paragraph C for substantial completion
until the work is substantially complete. It is agreed that if this Work is not Finally
completed in accordance with the Contract Documents, the CONTRACTOR shall
pay the OWNER as liquidated damages for delay, and not as penalty, one-fourth
('/<) of the rate set forth above.
E. Contract Price
Unit Price Contract
The Owner will pay the Contractor in current funds for the performance of the
work, subject to additions and deductions by Change Order and subject to the
Measurement and Payment Provisions, and subject to actual constructed
quantities; the Total Contract Price of Two Million Three-Hundred-Ninebi-Three
Thousand Four -Hundred -Eighty -Four Dollars and Sixtv_Cents _r12 393 484.60).
Payments will be made to the Contractor on the basis of the Schedule of Unit
Prices included as a part of his Bid, which shall be as fully a part of the Contract
as if attached or repeated herein.
F. City of Sanford Tax Recovery
The CONTRACTOR shall cooperate with the CITY in the implementatior of the
CITY's tax recovery program, and to that end the CITY may make purchases
directly under its purchase order processes relative to various materials, supplies
and equipment that may be part of the services provided under this Agreement.
The CONTRACTOR hereby recognizes the right of the CITY to engage in tax
recovery/savings through direct purchases.
G. Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
H. Retainage
In accordance with the provisions of the State of Fiorida Local Government
Prompt Payment Act, the value of each application for payment shall be equal to
the total value of the Work performed to date, less an amount retained, and less
2"O ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520-3
payments previously made, and amounts withheld in accordance with the
General Conditions and Supplementary Conditions. Retainage for this project is
10°x, to be held by Owner as collateral security to ensure completion of Work.
When the Work is 50 percent complete, defined as being 50 percent complete
based on the construction progress schedule as updated during construction.
and expenditure of at least 50 percent of the total updated construction cost,
retainage shall be reduced in accordance with State law.
Engineer
The Project has been designed by CPH Consulting, LLC, referred to in the
documents as the Engineer.
Additional Terms and Conditions
The CONTRACTOR hereby warrants and represents to the CITY that it is
competent and otherwise able to provide professional and high-quality
goods and/or services to the CITY by means of employees who are neat
in appearance and of polite demeanor.
All submissions submitted by the CONTRACTOR in the proposals/bid
submitted to the CITY are hereby incorporated herein to the extent not
inconsistent with the terms and conditions as set forth herein.
The CONTRACTOR acknowledges that the CITY may retain other goods
and/or service providers to provide the same goods and/or services for
CITY projects. The CONTRACTOR acknowledges that the CITY, at the
CITY's option, may request proposals from the CONTRACTOR and the
other goods and/or service providers for CITY projects. The CITY
reserves the right to select which goods and/or services provider shall
provide goods and/or services for the CITY's projects.
The CONTRACTOR agrees to provide and ensure coordination between
goods/services providers.
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.
The CONTRACTOR hereby guarantees the CITY that all materials,
supplies, services and equipment as listed on a Purchase Order meet the
requirements, specifications and standards as provided for under the
Federal Occupations Safety and Health Act of 1970, from time to time
amended and in force on the date hereof
2ND ST. STREETSCAPE IMPROVEMENTS EEMENT
00520-4
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.
Persons employed by the CONTRACTOR in the provision and
performance of the goods and/or services and functions pursuant to this
Agreement shall have no claim to pension, workers' compensation,
unemployment compensation, civil service or other employee rights or
privileges granted to the CITY's officers and employees either by
operation of law or by the CITY.
9, No claim for goods and/or services furnished by the CONTRACTOR not
specifically provided for herein shall be honored by the CITY.
10. Execution of this Agreement by the CONTRACTOR is a representation
that the CONTRACTOR is familiar with the goods and/or services to be
provided and/or performed and with local conditions. The
CONTRACTOR shall make no claim for additional time or money based
upon its failure to comply with this Agreement. The CONTRACTOR has
informed the CITY, and hereby represents to the CITY, that it has
extensive experience in performing and providing the services and/or
goods described in this Agreement and that it is well acquainted with the
components that are properly and customarily included within such
projects and the requirements of laws, ordinance, rules, regulations or
orders of any public authority or licensing entity having jurisdiction over
the CITY's Projects.
11 Quality, Professional Standards, and Security Requirements
Under this paragraph 11, the term "CONTRACTOR'S employees"
shall include CONTRACTOR'S agents, employees and
SUBCONTRACTORS extending to SUBCONTRACTORS agents
and employees.
b. The CONTRACTOR shall be responsible for the professional
quality, accepted standards, technical accuracy, neatness of
appearance of employees, employee conduct, safety, and the
coordination of all services furnished by the CONTRACTOR under
any Agreement resulting from this solicitation. The City reserves
the right to require all CONTRACTOR employees, when on City
property or work sites, to wear identification badges at all times
which, at a minimum, provides the name of the employee and the
CONTRACTOR.
2NO ST. STREETSCAPE IMPROVEMENTS AGNEEMENT
00520-5
The CITY reserves the right to require the CONTRACTOR to
provide to the CITY a list of employees working on the project.
Also, the list shall include employee working days, times and
assignments within forty-eight (48) hours of the CITY's written
request for such information. This information will be reviewed,
screened and verified by the CITY, prior to the employees of the
CONTRACTOR entering the CITY's premises and/or work sites.
d. The CONTRACTOR shall comply with Section 00525 concerning
fingerprinting and criminal background check requirements of the
employees of the Contractor and Subcontractors.
e. In the event employees of the Contractor and Subcontractor do
not qualify to Work on the Project due to A) Failure to have the
required criminal background check reports submitted to the City
by the FDLE; or B) Unsatisfactory background check reports on
employees; then those employees will be disqualified by the City,
and those disqualified employees will not be allowed to Work on
the Project. Disqualification of employees to Work on the Project
is a non -excusable delay to the Contract for which the City will not
grant a Contract Time extension.
Additionally, the CITY may request and the CONTRACTOR shall
provide the name, address and social security number and
licenses (driver's, commercial drivers license or CDL, or other
operator's license) for employees of the CONTRACTOR and/or
SUBCONTRACTORS that may work on the CITY's premises in
positions found by the City to be critical to the security and/or
public safety of the CITY by reason of access to any publicly
owned or operated facility. The CONTRACTOR shall release such
information upon approval of the affected employees. If an
employee refuses to authorize the release of their address, social
security number and/or licenses they shall not be allowed to work
or continue to work in such critical positions.
g. The CONTRACTOR shall work closely with the CITY on all
aspects of the provision of the goods and/or services. With
respect to services, the CONTRACTOR shall be responsible for
the professional quality, technical accuracy, competence,
methodology, accuracy and the coordination of all of the following
which are listed for illustration purposes and not as a limitation:
documents, analysis, reports, data, plans, plats, maps, surveys,
specifications, and any and all other services of whatever type or
nature furnished by the CONTRACTOR under this Agreement.
The CONTRACTOR shall, without additional compensation,
correct or revise any errors or deficiencies in his/her/its plans,
analysis, data, reports, designs, drawings, specifications, and any
and all other services of whatever type or nature. The
CONTRACTOR's submissions in response to the subject bid or
2ND ST. STREETSCAPE IMPROVEMENTS A `.EEMENT
00620-6
procurement processes are incorporated herein by this reference
thereto.
12. Neither the CITY's review, approval or acceptance of, nor payment for,
any of the goods and/or services required shall be construed to operate
as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement and the CONTRACTOR
shall be and remain liable to the CITY in accordance with applicable law
for all damages to the CITY caused by the CONTRACTOR negligent or
improper performance or failure to perform any of the goods and/or
services furnished under this Agreement.
13. The rights and remedies of the CITY, provided for under this Agreement,
are in addition to any other rights and remedies provided by law.
14. Time is of the essence in the performance of all goods and/or services
provided by the CONTRACTOR under the terms of this Agreement.
15. Invoices, which are in an acceptable form to the CITY and without
disputable items, which are received by the CITY, will be processed for
payment within thirty (30) days of receipt by the CITY.
16. The CONTRACTOR will be notified of any disputable items contained in
invoices submitted by the CONTRACTOR within fifteen (15) days of
receipt by the CITY with an explanation of the deficiencies.
17. The CITY and the CONTRACTOR will make every effort to resolve all
disputable items contained in the CONTRACTOR's invoices.
18. Each invoice shall reference this Agreement, the appropriate billing
period.
19. The Florida Prompt Payment Act shall apply when applicable. A billing
period represents the dates in which the CONTRACTOR completed
goods and/or services referenced in an invoice,
20. Invoices are to be forwarded directly the City's designated CEI
representative, as identifed at the preconstruction meeting, for review and
processing.
21. CITY designates the City Manager or his/her designated representative.
to represent the CITY in all matters pertaining to and arising from the
work and the performance of this Agreement.
22, The City Manager, or his/her designated representative, shall have the
following responsibilities:
2ND ST. STREETSCAPE IMPROVEMENTS AGR£EAAENT
00520-7
a. Examination of all work and rendering, in writing, decisions
indicating the CITY's approval or disapproval within a reasonable
time so as not to materially delay the work of the CONTRACTOR;
b. Transmission of instructions, receipt of information, and
interpretation and definition of CITY's policies and decisions with
respect to design, materials, and other matters pertinent to the
work covered by this Agreement;
C. Giving prompt written notice to the CONTRACTOR whenever the
CITY official representative knows of a defect or change
necessary in the project; and
d. Coordinating and managing the CONTRACTOR's preparation of
any necessary applications to governmental bodies, to arrange for
submission of such applications.
23. Until further notice from the City Manager the designated representative
for this Agreement is:
Jeff Davis, Project Manager
Public Works Department
City of Sanford
P.O. Box 1788
Sanford, Florida 32772
24. CITY may terminate this Agreement for convenience at any time or For
any one (1) or more of the reasons as follows:
a. If, in the CITY's opinion, adequate progress is not being made by
the CONTRACTOR due to the CONTRACTOR 's failure to
perform; or
b. If, in the CITY's opinion, the quality of the goods and/or services
provided by the CONTRACTOR is/are not in conformance with
commonly accepted professional standards, standards of the
CITY, and the requirements of Federal and/or State regulatory
agencies, and the CONTRACTOR has not corrected such
deficiencies in a timely manner as reasonably determined by the
CITY; or
C. The CONTRACTOR, or any employee or agent of the
CONTRACTOR, is indicted or has a direct charge issued against
him for any crime arising out of or in conjunction with any work
that has been performed by the CONTRACTOR; or
d. The CONTRACTOR becomes involved in either voluntary or
involuntary bankruptcy proceedings, or makes an assignment for
the benefit of creditors; or
e. The CONTRACTOR violates the Standards of Conduct provisions
herein or any provision of Federal, State or local law or any
provision of the CITY's Code of Conduct.
25. In the event of any of the causes of termination, the CITY's designated
representative may send a certified letter to the CONTRACTOR
2ND ST. STREETSCAPE IMPROVEMENTS � GRUEMENT
00520-8 1
requesting that the CONTRACTOR show cause why the Agreement
should not be terminated. If assurance satisfactory to the CITY of
corrective measures to be made within a reasonable time is not given to
the CITY within seven (7) calendar days of the date of the letter, the CITY
may consider the CONTRACTOR to be in default, and may then
immediately terminate this Agreement.
26. In the event that this Agreement is terminated for cause and it is later
determined that the cause does not exist, then this Agreement or the
Purchase/Work Order shall be deemed terminated for convenience by the
CITY and the CITY shall have the right to so terminate this Agreement
without any recourse by the CONTRACTOR.
27. The CONTRACTOR may terminate this Agreement only if the CITY fails
to pay the CONTRACTOR in accordance with this Agreement.
28. Notwithstanding any other provision of this Agreement, the CITY shall
have the right at any time to terminate this Agreement in its entirely
without cause, if such termination is deemed by the CITY to be in the
public interest, in writing of deficiencies or default in the performance of
its duties under the Agreement and the CONTRACTOR shall have ten
(10) days to correct same or to request, in writing, a hearing. Failure of
the CONTRACTOR to remedy said specified items of deficiency or
default in the notice by either the CITY's designated representative within
ten (10) days of receipt of such notice of such decisions, shall result in the
termination of the Agreement, and the CITY shall be relieved of any and
all responsibilities and liabilities under the terms and provisions of the
Agreement.
29. The CITY shall have the right to terminate this Agreement without cause
with a sixty (60) day written notice to the other party. The CITY reserves
the right to terminate any Agreement for cause with a five (5) day written
notice to the CONTRACTOR. Notice shall be served to the parties as
specified in the Agreement.
30. In the event that this Agreement is terminated, the CITY shall identify any
specific work to be continued to completion pursuant to the provisions of
this Agreement.
31 In the event that after the CITY termination for cause for failure of the
CONTRACTOR to fulfill its obligations under this Agreement it is found
that the CONTRACTOR has not so failed, the termination shall be
deemed to have been for convenience and without cause.
32. In the event this Agreement is terminated or canceled prior to final
completion without cause, payment for the unpaid portion of the services
provided by the CONTRACTOR to the date of termination and any
additional services shall be paid to the CONTRACTOR.
2N° ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520-9
33. Upon receipt of notice of termination, given by either party, the terminated
party shall promptly discontinue the provision of all goods and/or services,
unless the notice provides otherwise.
34. The performance or provision of the CONTRACTOR's goods and/or
services under this Agreement may be suspended by the CITY at any
time.
35. In the event the 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 goods
and/or services unless and until the CITY's designated representative
notifies the CONTRACTOR in writing that the provision of the goods
and/or services of the CONTRACTOR called for hereunder are to be
resumed by the CONTRACTOR.
36. Upon receipt of written notice from the CITY that the CONTRACTOR's
provision of goods and/or services hereunder are to be resumed. the
CONTRACTOR shall continue to provide the services to the CITY.
37. The CONTRACTOR agrees that it will not discriminate against any
employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, national origin or disability and
will take affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to race, color,
religion, sex, age, national origin or disability. This provision shall include,
but not be limited to, the following; employment, upgrading, demotion or
transfer; recruitment advertising; layoff or termination; rates of pay or their
forms or compensation; and selection for training, including
apprenticeship. The CONTRACTOR, moreover, shall comply with all the
requirements as imposed by the Americans with Disability Act, the
regulations of the Federal government issued thereunder, and any and all
requirements of Federal or State law related thereto.
38. Indemnity and Insurance
a. To the fullest extent permitted by law, the CONTRACTOR shall
indemnify, hold harmless and defend the CITY, its agents,
servants, officers, officials and employees, or any of them, from
and against any and all claims, damages, losses, and expenses
including, but not limited to, attorney's fees and other legal costs
such as those for paralegal, investigative, and legal support
services, and the actual costs incurred for expert witness
testimony, arising out of or resulting from the performance or
2N° ST STREETSCAPE IMPROVEMENTS
00520-10
AGREEMENT
provision of services required under this Agreement, provided that
same is caused in whole or in part by the error, omission,
negligent act, failure to act, breach of contract obligation,
malfeasance, officers, officials, employees, or
subCONTRACTORs. Additionally, the CONTRACTOR accepts
responsibility for all damages resulting in any way related to the
performance of work. In no event, shall either party be
responsible or liable to the other for any incidental, consequential,
or indirect damages, whether arising by contract or tort.
b. In accordance with Section 725.06, Florida Statutes, adequate
consideration has been provided to the CONTRACTOR for this
obligation, the receipt 'and sufficiency of which is hereby
specifically acknowledged.
C. Nothing herein shall be deemed to affect the rights, privileges, and
immunities of the CITY as set forth in Section 768.28, Florida
Statutes.
d. In claims against any person or entity, indemnification under this
Section by an employee of the CONTRACTOR or its agents or
subCONTRACTORs, anyone directly or indirectly employed by
them or anyone for whose acts they may be liable, the
indemnification obligation under this Section shall not be limited by
a limitation on amount or type of damages, compensation, or
benefits payable by or for the CONTRACTOR or its agents or
subCONTRACTORs, under Workers Compensation acts,
disability benefits acts, or other employee benefit acts.
e. The execution of this Agreement by the CONTRACTOR shall
obligate the CONTRACTOR to comply with the indemnification
provision of this Agreement; provided, however, that the
CONTRACTOR must also comply with the provisions of this
Agreement relating to insurance coverage.
The CONTRACTOR shall submit a report to the CITY within
twenty-four (24) hours of the date of any incident resulting in
damage or which is reasonably likely to result in a claim of
damage.
39. The CONTRACTOR shall obtain or possess and continuously maintain
the insurance coverage as set forth and required in the bid documents.
40. All insurance other than Workers Compensation and Professional Liability,
that must be maintained by the CONTRACTOR shall specifically include
the CITY as an additional insured.
41. The CONTRACTOR shall provide Certificates of Insurance to the CITY
evidencing that all such insurance is in effect prior to the issuance of the
2ND ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520-11
first PurchaseiWork Order under this Agreement from the CITY. These
Certificates of Insurance shall become part of this Agreement. Neither
approval by the CITY nor failure to disapprove the insurance furnished by
a CONTRACTOR shall relieve the CONTRACTOR of the
CONTRACTOR's full responsibility for performance of any obligation
including the CONTRACTOR's indemnification of the CITY under this
Agreement. If, during the period which an insurance company is
providing the insurance coverage required by this Agreement, an
insurance company shall: (1) lose its Certificate of Authority, (2) no longer
comply with Section 440.57, Florida Statutes, or (3) fail to maintain the
requisite Best's Rating and Financial Size Category, the CONTRACTOR
shall, as soon as the CONTRACTOR has knowledge of any such
circumstance, immediately notify the CITY and immediately replace the
insurance coverage provided by the insurance company with a different
insurance company meeting the requirements of this Agreement. Until
such time as the CONTRACTOR has replaced the unacceptable insurer
with insurance acceptable to the CITY, the CONTRACTOR shall be
deemed to be in default of this Agreement.
42. The insurance coverage shall contain a provision that requires that prior
to any changes in the coverage, except increases in aggregate coverage,
thirty (30) days prior notice will be given to the CITY by submission of a
new Certificate of Insurance.
43. The CONTRACTOR shall famish Certificates of Insurance directly to the
CITY's Designated Representative. The certificates shall clearly indicate
that the CONTRACTOR has obtained insurance of the type, amount and
classification required by this Agreement.
44. Nothing in this Agreement or any action relating to this Agreement shall
be construed as the CITY's waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes.
45. The CITY shall not be obligated or liable under the terms of this
Agreement to any party other than the CONTRACTOR. There are no
third party beneficiaries to this Agreement.
46. The CONTRACTOR is an independent contractor and not an agent,
representative, or employee of the CITY. The CITY shall have no liability
except as specifically provided in this Agreement.
47. All insurance shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the CITY.
48. The CONTRACTOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for
the CONTRACTOR, to solicit or secure this Agreement and that the
CONTRACTOR has not paid or agreed to pay any person, company,
corporation, individual or firm other than a bona fide employee working
2"° ST. STREETSCAPE IMPROVEMENTS PGREEMENT
00520-12
solely for the CONTRACTOR, any fee, commission, percentage, gift, or
any other consideration, contingent upon or resulting from the award of
making this Agreement.
49. The CONTRACTOR shall not discriminate on the grounds of race, color.
religion, sex, or national origin in the performance of work under this
Agreement or violate any laws pertaining to civil rights, equal protection or
discrimination.
50. The CONTRACTOR hereby certifies that no undisclosed (in writing}
conflict of interest exists with respect to the Agreement, including, but not
limited to, any conflicts that may be due to representation of other clients,
customers or vendees, other contractual relationships of the
CONTRACTOR, or any interest in property that the CONTRACTOR may
have The CONTRACTOR further certifies that any conflict of interest
that arises during the term of this Agreement shall be immediately
disclosed in writing to the CITY. Violation of this Section shall be
considered as justification for immediate termination of this Agreement.
51. The CONTRACTOR shall ensure that all taxes due from the
CONTRACTOR are paid in a timely and complete manner including, but
not limited to, occupational license tax.
52. If the CITY determines that any employee or representative of the
CONTRACTOR is not satisfactorily performing his/her assigned duties or
is demonstrating improper conduct pursuant to any assignment or work
performed under this Agreement, the CITY shall so notify the
CONTRACTOR, in writing. The CONTRACTOR shall immediately
remove such employee or representative of the CONTRACTOR from
such assignment.
53. The CONTRACTOR shall not publish any documents or release
information regarding this Agreement to the media without prior approval
of the CITY.
54, The CONTRACTOR shall certify, upon request by the CITY, that the
CONTRACTOR maintains a drug free workplace policy in accordance
with Section 287.0878, Florida Statutes. Failure to submit this
certification may result in termination.
55. If the CONTRACTOR or an affiliate is placed on the convicted vendor list
following a conviction for a public entity crime, such action may result in
termination by the CITY. The CONTRACTOR shall provide a certification
of compliance regarding the public crime requirements set forth in State
law upon request by the CITY,
56. The CITY reserves the right to unilaterally terminate this Agreement if the
CONTRACTOR refuses to allow public access to all documents, papers,
letters, or other materials subject to provisions of Chapter 119. Florida
2ND ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520-13
Statutes, and other applicable law, and made or received by the
CONTRACTOR in conjunction, in any way, with this Agreement.
57, The CONTRACTOR shall comply with the requirements of the Americans
with Disabilities Act (ADA), and any and all related Federal or State laws
which prohibits discrimination by public and private entities on the basis of
disability.
58. The CITY will not intentionally award publicly -funded contracts to any
contractor who knowingly employs unauthorized alien workers,
constituting a violation of the employment provisions contained in B
U.S.C. Section 1324a(e) Section 274A(e) of the Immigration anci
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.
59. The CONTRACTOR agrees to comply with Federal, State, and local
environmental, health, and safety laws and regulations applicable to the
goods and/or services provided to the CITY. The CONTRACTOR agrees
that any program or initiative involving the work that could adversely
affect any personnel involved, citizens, residents, users, neighbors or the
surrounding environment will ensure compliance with any and all
employment safety, environmental and health laws.
60. The CONTRACTOR shall ensure that all goods and/or services are
provided to the CITY after the CONTRACTOR has obtained, at its sole
and exclusive expense, any and all permits, licenses, permissions,
approvals or similar consents.
61 If applicable, in accordance with Section 216.347, Florida Statutes, the
CONTRACTOR shall not use funds provided by this Agreement for the
purpose of lobbying the Legislature, the judicial branch or State agency.
62. The CONTRACTOR shall advise the CITY in writing of it who has been
placed on a discriminatory vendor list, may not submit a bid on a contract
to provide goods or services to a public entity, or may not transact
business with any public entity.
63. The CONTRACTOR shall not engage in any action that would create a
conflict of interest in the performance of that actions of any CITY
employee or other person during the course of performance of, or
otherwise related to, this Agreement or which would violate or cause
others to violate the provisions of Part III, Chapter 112, Florida Statutes,
relating to ethics in government.
64. The CONTRACTOR shall maintain books, records, documents, time and
costs accounts and other evidence directly related to its provision or
2NO ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520.14
performance of services under this Agreement. All time records and cost
data shall be maintained in accordance with generally accepted
accounting principles.
65. The CONTRACTOR shall maintain and allow access to the records
required under this Section for a minimum period of five (5) years after
the completion of the provision or performance goods and/or services
under this Agreement and date of final payment for said goods and/or
services, or date of termination of this Agreement.
66. The CITY may perform, or cause to have performed, an audit of the
records of the CONTRACTOR before or after final payment to support
final payment under any Purchase/Work Order issued hereunder. This
audit shall be performed at a time mutually agreeable to the
CONTRACTOR and the CITY subsequent to the close of the final fiscal
period in which goods and/or services are provided or performed. Total
compensation to the CONTRACTOR may be determined subsequent to
an audit as provided for in this Section, and the total compensation so
determined shall be used to calculate final payment to the
CONTRACTOR. Conduct of this audit shall not delay final payment as
required by this Section.
67. In addition to the above, if Federal, State, County, or other entity funds
are used for any goods and/or services under this Agreement, the
Comptroller General of the United States or the Chief Financial Officer of
the State of Florida, or the County of Seminole, or any representatives,
shall have access to any books, documents, papers, and records of the
CONTRACTOR which are directly pertinent to goods and/or services
provided or performed under this Agreement for purposes of making
audit, examination, excerpts, and transcriptions.
68. In the event of any audit or inspection conducted reveals any
overpayment by the CITY under the terms of the Agreement, the
CONTRACTOR shall refund such overpayment to the CITY within thirty
(30) days of notice by the CITY of the request for the refund.
69. The CONTRACTOR agrees to fully comply with all State laws relating to
public records.
70 The CONTRACTOR agrees that if any litigation, claim, or audit is started
before the expiration of the record retention period established above, the
records shall be retained until all litigation, claims or audit findings
involving the records have been resolved and final action taken.
71. The CONTRACTOR shall not sublet, assign or transfer any interest in this
Agreement, or claims for the money due or to become due out of this
Agreement to a bank, trust company, or other financial institution without
written CITY approval. When approved by the CITY, written notice of
such assignment or transfer shall be furnished promptly to the CITY.
2ND ST. STREETSCAPE IMPROVEMENTS
00520-15
AGREEMENT
72. Any CONTRACTOR proposed subcontractors shall be submitted to the
CITY for written approval prior to the CONTRACTOR entering into a
subcontract. Subcontractor information shall include, but not be limited
to, State registrations, business address, occupational license tax proof of
payment, and insurance certifications.
73. The CONTRACTOR shall coordinate the provision of goods and/or
services and work product of any CITY approved subcontractors, and
remain fully responsible for such goods and/or services and work under
the terms of this Agreement.
74. Any subcontract shall be in writing and shall incorporate this Agreement
and require the subcontractor to assume performance of the
CONTRACTOR's duties commensurately with the CONTRACTOR's
duties to the CITY under this Agreement, it being understood that nothing
herein shall in any way relieve the CONTRACTOR from any of its duties
under this Agreement. The CONTRACTOR shall provide the CITY with
executed copies of all subcontracts.
75. The CONTRACTOR shall reasonably cooperate at all times with the
CITY and other CITY contractors and professionals.
76. This Agreement is to be governed by the laws of the State of Florida.
77. Venue for any legal proceeding related to this Agreement shall be in the
Eighteenth Judicial Circuit Court in and for Seminole County, Florida.
78. This Agreement is the result of bona fide arms length negotiations
between the CITY and the CONTRACTOR and all parties have
contributed substantially and materially to the preparation of the Contract.
Accordingly, this Agreement shall not be construed or interpreted more
strictly against any one party than against any other party.
79. Neither party shall be considered in default in performance of its
obligations hereunder to the extent that performance of such obligations,
or any of them, is delayed or prevented by Force Majeure. Force Majeure
shall include, but not be limited to, hostility, terrorism, revolution, civil
commotion, strike, epidemic, fire, flood, wind, earthquake, explosion, any
law, proclamation, regulation, or ordinance or other act of government, or
any act of God or any cause whether of the same or different nature,
existing or future; provided that the cause whether or not enumerated in
this Section is beyond the control and without the fault or negligence of
the party seeking relief under this Section.
80, This Agreement, together with the exhibit(s), if any, constitutes the entire
integrated Agreement between the CITY and the CONTRACTOR and
supersedes all prior written or oral understandings in connection
therewith. This Agreement, and all the terms and provisions contained
2ND ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520-16
I
herein, including without limitation the exhibits hereto, constitute the full
and complete agreement between the parties hereto to the date hereof,
and supersedes and controls over any and all prior agreements,
understandings, representations, correspondence and statements
whether written or oral.
81. This Agreement may only be amended, supplemented or modified by a
formal written amendment.
82. Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly
signed by the parties.
83. Written notice requirements of this Agreement shall be strictly construed
and such requirements are a condition precedent to pursuing any rights
or remedies hereunder. The CONTRACTOR agrees not to claim any
waiver by CITY of such notice requirements based upon CITY having
actual knowledge, implied, verbal or constructive notice, lack of prejudice
or any other grounds as a substitute for the failure of the CONTRACTOR
to comply with the express written notice requirements herein. Computer
notification (e-mails and message boards) shall not constitute proper
written notice under the terms of the Agreement.
84 The failure of the CITY to insist in any instance upon the strict
performance of any provision of this Agreement, or to exercise any right
or privilege granted to the CITY hereunder shall not constitute or be
construed as a waiver of any such provision or right and the same shall
continue in force.
85. In no event shall any obligation of the CITY under this Agreement be or
constitute a general obligation or indebtedness of the CITY, a pledge of
the ad valorem taxing power of the CITY or a general obligation or
indebtedness of the CITY within the meaning of the Constitution of the
State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
86. The CONTRACTOR shall not have the right to compel the exercise of the
ad valorem taxing power of the CITY.
87, Each exhibit referred to and attached to this Agreement is an essential
part of this Agreement. The exhibits and any amendments or revisions
thereto, even if not physically attached hereto, shall be treated as if they
are part of this Agreement.
88_ The Section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, describe the
scope or intent of this Agreement or any part thereof, or in any way affect
this Agreement or construe any provision of this Agreement.
2ND ST. STREET SCAPE IMPROVEMENTS AG�EEMENT
00524-17 .1
89. If any term, provision or condition contained in this Agreement shall, to
any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such term, provision or condition to
persons or circumstances other than those in respect of which it is invalid
or unenforceable, shall not be affected thereby, and each term, provision
and condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law when consistent with equity and the public
interest.
90 All provisions of this Agreement shall be read and applied in para materia
with all other provisions hereof.
91. In the event of a dispute related to any performance or payment
obligation arising under this Agreement, the parties agree to exhaust any
alternative dispute resolution procedures reasonably imposed by the
CITY prior to filing suit or otherwise pursuing legal remedies.
92, The CONTRACTOR agrees that it will file no suit or otherwise pursue
legal remedies based on facts or evidentiary materials that were not
presented for consideration to the CITY in alternative dispute resolution
procedures or which the CONTRACTOR had knowledge and failed to
present during the CITY procedures.
93. In the event that CITY procedures are exhausted and a suit is filed or
legal remedies are otherwise pursued, the parties shall exercise best
efforts to resolve disputes through voluntary mediation. Mediator
selection and the procedures to be employed in voluntary mediation shall
be mutually acceptable to the parties. Costs of voluntary mediation shall
be shared equally among the parties participating in the mediation.
94 This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
2ND ST STREETSCAPE IMPROVEMENTS AGREEMENT
00520-18 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
Name of f=irm_—
r
By (Signature) Date (SEAL)
C ph,
Printed Name and Title /��QORATF y'9-
ATTEST : 0�
10 ��
By (Signature) Date /
N . 16-101 kom+vc_-t e ,� � ' QO'°�-
Printed Name and Title
OWNER:
Citv of Sanford
Name of Owner
04/02/2025
By (Signature) Date (SEAL)
Art Woodruff Ma, or 'AF
Printed Name and Title k l\,
ATTEST j
rrac� KXW" 04/02/2025
By (Signature) Date
Trace, Houchin MMC FCRM- Cit. Clerk _ _ tST•
Printed Name and Title
Approved as toiaw.rri
legal sufficiency.
04/02/2025
William L. Colbert Date
City Attorney
END OF SECTION
VAG ST. STREETSCAPE IMPROVEMENTS AGREEMENT
00520-18