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City Of Sanford
Agreement With Tri -City Electrical Contractors, Inc. For Data Cable/
Structured Cable Installation Services Relating To Public Safety
Complex (IFB 09/10 -04)
This Agreement made and entered into this _ 5 day of March, 2010 by and
between the:
City of Sanford, Florida
City Hall
300 North Park Avenue
Sanford, Florida 32771
a municipal corporation of the State of Florida, holding tax exempt status, hereinafter
referred to as the "City," and:
Tri -City Electrical Contractors, Inc.
430 West Drive
Altamonte Springs, Florida 32714
a Florida corporation, authorized to do business in the State of Florida, hereinafter referred
to as the "Contractor ".
The City and the Contractor are collectively referred to herein as the "parties ".
WITNESSETH:
WHEREAS, the City desires to retain the Contractor for the work identified in the
specifications outlined in City IFB 09/10 -04 for data cable /structured cable installation
services relating to the City's new Public Safety Complex; and
WHEREAS, attached hereto as Exhibit "A" along with the certain other documents
relating thereto are the City's documents relating to IFB 09/10 -04; and
WHEREAS, the City desires to employ the Contractor for the performance to
support the activities, programs, and projects of the City upon the terms and conditions
hereinafter set forth and in the City IFB 09/10 -04 pertaining to data cable /structured cable
installation services relating to the City's new Public Safety Complex, and the Contractor is
desirous of performing and providing such services upon said terms and conditions; and
WHEREAS, the Contractor hereby warrants and represents to the City that it is
competent and otherwise able to provide professional and high quality services to the City;
and
WHEREAS, the references to the provisions of services to the City to the City shall
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include to provision of goods and the term "Work Order" shall include the term "Purchase
Order" herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, it is agreed by and between the parties
hereto as follows:
SECTION 1: DEFINITIONS.
Ad valorem - In proportion to the estimated value of the goods taxed.
Agreement — This document and all subsequent Work Orders between the City and
Contractor. Each exhibit, even if not physically attached, shall be treated as if it is a part of
this Agreement. The effective date of this Agreement is the date that the City Commission
approves the selection of the Contractor and the Agreement is executed by the City.
Billing Period — The period of time between project commencement to the close of the
current period, (inclusive); or from the close of the previous billing period, (exclusive), to the
close of the current period, usually concurrent with the month. In no case shall this period
be less than one calendar month except for the final billing period.
Bona Fide - Made or carried out in good faith; sincere.
City — The City of Sanford, a municipal corporation of the State of Florida holding tax
exempt status.
Contractor - To include all principals of the Contractor including, but not limited to, full and
part time employees, professional or otherwise, and all other agents employed by or for
Contractor to perform its obligations hereunder.
Description of Services - Shall be written in paragraph form resonably describing those
services the City can expect the Contractor to provide. The description shall be written in
such a manner that the type of service is clearly provided, but broad enough that all
services reasonably expected of the Contractor, including services provided by partners,
subcontractors, and other supporting professionals, can be provided to the City.
Designated Representative — A person who administers, reviews and coordinates the
provision of services. This definition applies equally to the City and to the Contractor.
Exhibit "A" — City IFB 09/10 -04 and related documents as determined by the City.
Exhibit "B" — Project Status Report Form.
Exhibit "C" — Certificate of Insurance Coverages.
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Force Maieure - Force Majeure shall include, but not be limited to, hostility, revolution, civil
commotion, terrorism, 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 Agreement is beyond the control and without the fault or
negligence of the party seeking relief under this Agreement.
Law - Said phrase shall include statutes, laws, codes, ordinances, rules and regulations of
whatsoever type or nature enacted or adopted by a governmental entity of competent
jurisdiction.
Pari Materia — of the same matter; on the same subject. Laws pari materia must be
construed with reference to each other /together when related to the same matter or
subject. The provisions of a contract/agreement shall be construed together with no
isolated construction of a particular provision such that it would defeat the overall intent of
the contract/agreement.
Submittals — Any item required by this agreement that the Contractor must provide the
City either for inclusion as part of this Agreement or not.
Type of Service — The services are generally related to the provision of data
cable /structured cable installation services relating to the City's new Public Safety Complex
and shall be provided to the City in accordance with the controlling provisions of law.
Work Order - A detailed description of quantities, services and a completion schedule for
the provision of such goods and /or services issued by the City on it's approved form which,
on occasion, may contain documents published, on Contractor letterhead, describing all
work associated with the goods /services to be provided by the Contractor to the City for an
agreed price referencing this Agreement by title and date.
SECTION 2: CAPTIONS.
The Section headings and captions of this Agreement are for convenience and reference
only and in no way define, limit, describe the scope or intent of this Agreement or any part
thereof, or in any way affect this Agreement or construe any provision of this Agreement.
SECTION 3: EXTENT OF AGREEMENT /INTEGRATION /AMENDMENT.
(a). This Agreement, together with the exhibits, constitutes the entire integrated
Agreement between the City and the Contractor and supersedes all prior written or oral
understandings in connection therewith. This Agreement, and all the terms and provisions
contained herein including, without limitation, the exhibits, constitute the full and complete
agreement between the parties hereto and supersedes and controls over any and all prior
agreements, understandings, representations, correspondence and statements regardless
of whether written or oral.
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(b). This Agreement may only be amended, supplemented, or modified by a formal
written amendment.
(c). Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
SECTION 4: NO GENERAL CITY OBLIGATION.
(a). In no event shall any obligation of the City under this Agreement be or constitute a
general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of
the City or a general obligation or indebtedness of the City within the meaning of the
Constitution of the State of Florida or any other applicable laws, but shall be payable solely
from legally available revenues and funds.
(b). The Contractor shall not have the right to compel the exercise of the ad valorem
taxing power of the City.
SECTION 5: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED.
(a). Execution of this Agreement by the Contractor is a representation that the
Contractor is familiar with local conditions and with the services to be performed. The
Contractor shall make no claim for additional time or money based upon its failure to
comply with this Agreement. The Contractor has informed the City, and hereby represents
to the City, that it has extensive experience in performing and providing the services and /or
goods described in this Agreement and to be identified in the Work Orders, and that it is
well acquainted with the components that are properly and customarily included within such
projects and the requirements of statutes, laws,codes, ordinances, rules, regulations, or
orders of any public authority or licensing entity having jurisdiction over City projects.
Execution of a Work Order shall be an affirmative and irrefutable representation by the
Contractor to the City that the Contractor is fully familiar with any and all requisite work
conditions of the provisions of the services and /or goods to be provided.
(b). The recitals herein are true and correct and form and constitute a material part of
this Agreement upon which the parties have relied.
(c). 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 of
whatsoever type or nature. The Contractor is to be and shall remain forever an
independent contractor with respect to all services performed under this Agreement.
(d). Persons employed by the Contractor in the provision and performance of the
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
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City.
SECTION 6: GENERAL PROVISIONS.
(a). 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 the Contractor certify that they are authorized to bind the Contractor fully to
the terms of this Agreement.
(b). This Agreement is for the services as described in this Agreement which shall be
accomplished in accordance with the controlling provisions of law and as directed by the
City to include all labor and materials that may be required.
(c). The Contractor acknowledges that the City may retain other contractors to provide
the same types of services for City projects. The City reserves the right to select which
contractor shall provide services for City projects.
(d). The Contractor acknowledges that the City has retained, or may retain, other
contractors and the coordination between said contractors and the Contractor may be
necessary from time -to -time for the successful completion of each Work Order. The
Contractor agrees to provide such coordination as necessary.
(e). The Contractor agrees to provide and ensure coordination between goods /services
providers.
(f). Time is of the essence of the lawful performance of the duties and obligations
contained in this Agreement to include, but not be limited to, each Work Order. The parties
covenant and agree that they shall diligently and expeditiously pursue their respective
obligations set forth in this Agreement and each Work Order.
(g). The Contractor shall maintain an adequate and competent staff and professionally
qualified persons throughout the performance of this Agreement to ensure acceptable and
timely completion of each Work Order.
(h). Requirements for signing and sealing plans, reports and documents prepared by the
Contractor shall be governed by the laws and regulations of Seminole County and State
regulatory agencies.
(i). The Contractor hereby guarantees the City that all material, supplies, services and
equipment as listed on a Purchase Order or Work 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.
(j). No claim for services furnished by the Contractor not specifically provided for herein
shall be honored by the City.
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SECTION 7: CODES AND DESIGN STANDARDS.
(a). All the services to be provided or performed by the Contractor shall in the minimum
be in conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any Federal, State, or local regulatory
agencies.
(b). The Contractor shall be responsible for keeping apprised of any changing laws
applicable to the services to be performed under this Agreement.
SECTION 8: SUBCONTRACTORS.
(a). Any Contractor proposed subcontractor 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, proof of payment
of the local business tax and insurance certifications.
(b). The Contractor shall coordinate the provision of services and work product of any
City approved subcontractor and remain fully responsible for such services and work under
the terms of this Agreement.
(c). Any subcontract shall be in writing and shall incorporate this Agreement and require
the subcontractors 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.
SECTION 9: ASSIGNABILITY.
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.
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SECTION 10: COMMENCEMENT/ IMPLEMENTATION SCHEDULE OF AGREEMENT.
(a). The Contractor shall commence the provision of services as described in this
Agreement immediately upon execution of this Agreement and a notice to proceed with the
work set forth in the subject IFB. Thereafter Work Orders will be issued for work to be
accomplished hereunder.
(b). The Contractor shall adhere to the City's time requirements relative to the work to be
accomplished as set forth in the ITB to ensure timely completion and use of the City's new
Public Safety Complex.
(c). The Contractor and the City agree to make every effort to adhere to the schedules
established for the various Work Orders as described in each Work Order. However, if the
Contractor is delayed at any time in the provision of services by any act or omission of the
City, or of any employee of the City, or by any other Contractor employed by the City, or by
changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation,
unavoidable casualties, or any other causes of force majeure not resulting from the
inactions or actions of the Contractor and beyond the Contractor's control which would not
reasonably be expected to occur in connection with or during performance or provision of
the services, or by delay authorized by the City pending a decision, or by any cause which
the City shall decide to justify the delay, the time of completion shall be extended for such
reasonable time as the City may decide in its sole and absolute discretion.
(d). It is further expressly understood and agreed that the Contractor shall not be entitled
to any damages or compensation, of any type or nature, or be reimbursed for any losses
on account of any delay or delays resulting from any of the aforesaid causes or any other
cause whatsoever.
SECTION 11: LENGTH OF AGREEMENT.
(a). The term of this Agreement shall be for a period beginning on the date of the full
execution of this Agreement and terminating on December 31, 2011 and shall be
renewable, at the option of the City, for one (1) year periods thereafter for an additional
yea r..
(b). The Contractor's services shall begin upon written notification to proceed by the City.
(c). Thereafter, the Contractor's services shall be on a Work Order basis.
(d). Services may include matters such as serving as an expert witness.
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SECTION 12: DESCRIPTION OF SERVICES.
(a). The Contractor agrees to provide the services as outlined and described in this
Agreement all of which are to be provided to the City in accordance with the controlling
provisions of law as more specifically outlined in Exhibit "A" and Work Orders issued
hereunder.
(b). The Contractor shall diligently and in a professional and timely manner perform and
provide the services outlined herein or as included in each subsequently entered Work
Order. Unless modified in writing by the parties hereto, the duties of the Contractor shall
not be construed to exceed the provision of the services pertaining to this Agreement.
(c). The City and Contractor agree that there may be certain additional services required
to be performed by the Contractor during the performance of the work in the IFB or Work
Orders that cannot be defined sufficiently at the time of execution of this Agreement. Such
services shall be authorized in writing as a Change Order in accordance with Section 21.
The Work Orders may contain addititonal instructions or provide specifications upon certain
aspects of this Agreement pertinent to the work to be undertaken. Such supplemental
instructions or provisions shall not be construed as a modification of this Agreement.
SECTION 13: CONTRACTOR RESPONSIBILITIES.
(a). The Contractor shall be responsible for the professional quality, accepted standards,
technical accuracy, neatness of appearance of employees, employee conduct, safety, and
the coordination of all services furnished by the Contractor under this Agreement as well as
the conduct of its staff, personnel, employees and agents. All Contractor employees shall
at all times when performing work wear identification badges which, at a minimum,
provides the name of the employee and the Contractor.
(b). The Contractor shall provide to the City a list of employees working on the project.
The Contractor shall provide to the City a list of employee working days, times and
assignments within forty -eight (48) hours of the City's written request for such information.
This information, when requested by the City, shall be provided to the City prior to the
employees of the Contractor entering the City's premises.
(c). The Contractor shall comply with the Sanford City Code as it relates to security
screenings of private contractors and employees of private contractors. The Contractor
recognizes that its employees are functioning in a position critical to the security and /or
public safety of the City by reason of access to a City owned facility and, thus, all
employees shall undergo the following inquiries and procedures conducted by the City: (1)
fingerprinting in accordance with the City's pre - employment procedures, (2) submission of
the fingerprints to the Florida Department of Law Enforcement for State criminal history
evaluation, and (3) submission of the fingerprints to the Federal Bureau of Investigation for
a national criminal history evaluation. Such information shall be used by the City to
determine a person's eligibility to function in such critical employment positions as
described. Additionally, the Contractor shall provide the name, address and social security
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number and licenses (driver's, commercial drivers license, or other operator's license) for
its employees. The Contractor shall release such information upon approval of the
employees. If an employee refuses to authorize the release of their address, social
security number and /or licenses they shall not be allowed to work or continue to work for
the City's projects.
(d). The Contractor shall work closely with the City on all aspects of the provision of the
services. The Contractor shall be responsible for the professional quality, technical
accuracy, competence, methodology, accuracy and the coordination of all of the following
which are listed for illustration purposes only and not as a limitation: documents, analysis,
reports, data, plans, plats, maps, surveys, specifications, and any and all other services of
whatever type or nature furnished by the Contractor under this Agreement. The Contractor
shall, without additional compensation, correct or revise any errors or deficiencies in
his /her /its plans, analysis, data, reports, designs, drawings, specifications, and any and all
other services of whatever type or nature. The Contractor's submissions in response to the
subject bid or procurement processes are incorporated herein by this reference thereto.
(e). Neither the City's review, approval or acceptance of, nor payment for, any of the
services required shall be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement and
the Contractor shall be and remain liable to the City in accordance with applicable law for
all damages to the City caused by the Contractor's negligent or improper performance or
failure to perform any of the services furnished under this Agreement.
(f). The rights and remedies of the City, provided for under this Agreement, are in
addition to any other rights and remedies provided by law.
(g). Time is of the essence in the performance of all services provided by the Contractor
under the terms of this Agreement and each and every Work Order.
(h). The Contractor shall cooperate with the City in the implementation of the City's tax
recovery program and, to that end, the City may make purchases directly under its
purchase order processes relative to various materials, supplies and equipment that may
be part of the services provided under this Agreement. The Contractor hereby recognizes
the right of the City to engage in tax recovery/savings through direct purchases.
SECTION 14: CITY RIGHTS AND RESPONSIBILITIES.
(a). The City shall reasonably cooperate with the Contractor in a timely fashion at no
cost to the Contractor as set forth in this Section.
(b). The City shall furnish a City designated representative to administer, review, and
coordinate the provision of services under each Work Order.
(c). The City shall make City personnel available where, in the City's opinion, they are
required and necessary to assist the Contractor. The availability and necessity of said
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personnel to assist the Contractor shall be determined solely at the discretion of the City.
(d). The City shall furnish the Contractor with exisitng data, records, maps, plans,
specifications, reports, fiscal data and other engineering information that may be available
in the City's files that is necessary or useful to the Contractor for the performance of the
work provided for in this Agreement. All such documents conveyed by the City to the
Contractor shall be, and always remain, the property of the City and shall be returned to the
City upon completion of the work to be performed by the Contractor.
(e). The City shall examine all Contractor reports, sketches, drawing, estimates,
proposals and other documents presented to the City and indicate the City's approval or
disapproval within a reasonable time so as not to materially delay the provisions of the
services of the Contractor.
(f). The City shall provide access to and make provisions for the Contractor to enter
upon public and private lands as required for the Contractor within a reasonable time to
perform work as necessary to complete work.
(g). The City shall transmit instructions, relevant information, and provide interpretation
and definition of City policies and decisions with respect to any and all materials and other
matters pertinent to the services covered by this Agreement.
(h). The City shall give written notice to the Contractor whenever the City designated
representative knows of a development that affects the services provided and performed
under this Agreement, timing of the Contractor's provision of services, or a defect or
change necessary in the services of the Contractor.
(i). The rights and remedies of the City provided for under this Agreement are in
addition to any other rights and remedies provided by law. The City may assert its right of
recovery by any appropriate means including, but not limited to, set -off, suit, withholding,
recoupment or counterclaim, either during or after performance of this Agreement.
(j). The City shall be entitled to recover any and all legal costs including, but not limited
to, attorney fees and other legal costs that it may incur in any legal actions it may pursue in
the enforcement of the terms and conditions of this Agreement or the responsibilities of the
Contractor in carrying out the duties and responsibilities deriving from this Agreement.
(k). 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.
(1). Neither the City's review, approval or acceptance of, nor payment for, any of the
services required shall be construed to operate as a waiver of any rights under this
Agreement nor for any cause of action arising out of the performance of this Agreement
and the Contractor shall be and always remain liable to the City in accordance with
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applicable law for any and all damages to the City caused by the Contractor's negligent or
wrongful provision or performance of any of the services furnished under this Agreement.
(m). All deliverable analysis, reference data, survey data, plans and reports or any other
form of written instrument or document that may result from the Contractor's services or
have been created during the course of the Contractor's performance under this
Agreement shall become the property of the City after final payment is made to the
Contractor.
(n). In the event the City fails to comply with the terms and conditions of this Agreement,
the Contractor shall notify the City's designated representative in writing in order that the
City may take remedial action.
SECTION 15: 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 16: FORCE MAJEURE.
Neither party shall be considered in default in performance of its obligations hereunder to
the extent that performance of such obligations, or any of them, is delayed or prevented by
force majeure.
SECTION 17: STANDARDS OF CONDUCT.
(a). The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Contractor, to solicit or
secure this Agreement and that the Contractor has not paid or agreed to pay any person,
company, corporation, individual, or firm otherthan a bona fide employee working solely for
the Contractor, any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award of making this Agreement.
(b). If the City determines that any employee or representative of the Contractor is not
satisfactorily performing his or her assigned duties or is demonstrating improper conduct
pursuant to any assignment or work performed under this Agreement, the City shall so
notify the Contractor, in writing. The Contractor shall immediately remove such employee
or representative of the Contractor from such assignment.
(c). The Contractor hereby certifies by this writing that no undisclosed 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
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Agreement shall be immediately disclosed in writing to the City. Violation of this Section
shall be considered as justification for immediate termination of this Agreement.
(d). The Contractor shall not engage in any action that would create a conflict of interest
for 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.
(e). The City shall not intentionally award publicly- funded contracts to any Contractor
who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the
Immigration and Nationally Act (INA)]. The City shall consider the employment by the
Contractor of unauthorized aliens, a violation of Section 274A (e) of the INA. Such
violation by the Contractor of the employment provisions contained in Section 274A (e) of
the INA shall be grounds for immediate termination of this Agreement by the City.
(f). 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.
(g). 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.
(h). If the Contractor or an affiliate is placed on a discriminatory vendor list, such action
may result in termination by the City. The Contractor shall certify, upon request by the City,
that it is qualified to submit a bid under Section 287.134 (2) (c), Florida Statutes.
(i). 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 certify, upon request by the City, that is qualified to submit a bid under
Section 287.133 (2)(a), Florida Statutes.
(j). 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.
(k). The Contractor agrees to comply with Federal, State and local environmental, health
and safety laws and regulations applicable to the 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 shall ensure compliance with any and all employment safety, environmental
and health laws.
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(I). 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 a State agency.
(m). The Contractor shall not publish any documents or release information regarding
this Agreement to the media without prior approval of the City.
(n). The Contractor shall ensure that all 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.
(o). The Contractor shall ensure that all taxes due from the Contractor are paid in a
timely and complete manner including, but not limited to, the local business tax.
SECTION 18: NOTICES.
(a). Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place for
giving of notice shall remain such until it shall have been changed by written notice in
compliance with the provisions of this Section.
(b). For the present, the parties designate the following as the representative places for
giving of notice, to -wit:
(1). For the City:
City Manager
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(2)
For the Contractor
Jack A. Olmstead
Tri -City Electrical Contractors, Inc.
430 West Drive
Altamonte Springs, Florida 32714
(c). Written notice requirements of this Agreement shall be strictly construed and such
requirements are a condition precedent to pursuing any rights or remedies hereunder. The
Contractor agrees not to claim any waiver by City of such notice requirements based upon
City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or
any other grounds as a substitute for the failure of the Contractor to comply with the
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express written notice requirements herein. Computer notification (e -mails and message
boards) shall not constitute proper written notice under the terms of the Agreement.
SECTION 19: DESIGNATED REPRESENTATIVES.
(a). The City Manager, or designated representative, represents the City in all matters
pertaining to and arising from the work and the performance of this Agreement.
(b). The City Manager or designated representative shall have the following
responsibilities:
(1). Examination of all work and rendering, in writing, decisions indicating the
City's approval or disapproval within a reasonable time so as not to materially delay the
work of the Contractor;
(2). Transmission of instructions, receipt of information, and interpretation and
definition of City's policies and decisions with respect to design, materials, and other
matters pertinent to the work covered by this Agreement;
(3). Giving prompt written notice to the Contractor whenever the City knows of a
defect or change necessary in the project; and
(c). Until further written notice, the City's designated representative for this Agreement
is:
City Manager
City of Sanford
City Hall
300 North Park Avenue
Sanford, Florida 32771
(d). Prior to start of any work under this Agreement, the Contractor shall submit to the
City detailed resumes of key professional personnel that will be involved in performing
services described in the work. The City hereby acknowledges its acceptance of such
personnel to perform services under this Agreement. At any time hereafter that the
Contractor desires to change key professional personnel in an active assignment, it shall
submit the qualifications of the new professional personnel to the City for prior approval.
Key professional personnel shall include the principal -in- charge, project managers and
others interfacing with City personnel.
(e). Until further written notice, the Contractor's designated representative for this
Agreement is:
Jack A. Olmstead
Tri -City Electrical Contractors, Inc.
430 West Drive
14
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
Altamonte Springs, Florida 32714
SECTION 20: WORK ORDERS.
(a). The provision of services to be performed under this Agreement may commence
immediately upon the execution of this Agreement and a notice to proceed. Thereafter, a
Work Order issued by the City shall direct work under this Agreement. Services to be
provided by the Contractor to the City under Work Orders shall be negotiated between the
Contractor and the City. Each Work Order shall reference this Agreement by title and date,
include a detailed description of quantities, services, and a completion schedule, and will
be provided on Contractor letterhead. Services described in said Work Orders will
commence upon the full execution of a Work Order or as specified in a Work Order.
(b). If the services required to be performed by a Work Order is clearly defined, the Work
Order shall be issued on a "Fixed Fee" basis. The Contractor shall perform all services
required by the Work Order but in no event shall the Contractor be paid more than the
negotiated Fixed Fee amount stated therein.
(c). The Contractor and the City agree to make every effort to adhere to the schedules
established for the various Work Orders.
(d). If the services are not clearly defined, the Work Order may be issued on a "Time
Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is
provided, the Contractor shall perform all work required by the Work Order; but in no event
shall the Contractor be paid more than the Not -to- Exceed amount specified in the
applicable Work Order.
(e). For Work Orders issued on a "Fixed Fee Basis," the Contractor may invoice the
amount due based on the percentage of total Work Order services actually performed and
completed; but in no event shall the invoice amount exceed a percentage of the Fixed Fee
amount equal to a percentage of the total services actually completed.
(f). For Work Orders issued on a "Time Basis Method" with a Not -to- Exceed amount,
the Contractor may invoice the amount due for actual work hours performed; but in no
event shall the invoice amount exceed a percentage of the Not -to- Exceed amount equal to
a percentage of the total services actually completed.
(g). Each Work Order issued on a "Fixed Fee Basis" or "Time Basis Method" with a Not -
to- Exceed amount shall be treated separately for retainage purposes. If the City
determines that work is substantially complete and the amount retained, if any, is
considered to be in excess, the City may, at its sole and absolute discretion, release the
retainage or any portion thereof.
(h). For Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount, the Contractor may invoice the amount due for services actually performed and
completed. The City shall pay the Contractor one hundred percent (100 %) of the approved
15
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
amount on Work Orders issued on a "Time Basis Method" with a Limitation of Funds
amount.
(i). Invoices for work under the IFB shall be invoiced as if fora Work Order issued on a
"Fixed Fee Basis ".
SECTION 21: CHANGE ORDERS.
(a). The City may revise the description of services set forth in any particular Work Order
or the IFB.
(b). Revisions to any work shall be authorized in writing by the City as a Change Order.
Each Change Order shall include a schedule of completion for the services authorized.
Change Orders shall identify this Agreement and the appropriate Work Order number. The
Change Orders may contain additional instructions or provisions specific upon certain
aspects of this Agreement pertinent to the services to be provided. Such supplemental
instructions or provisions shall not be construed as a modification of this Agreement. An
agreement between the parties on and execution of any Change Order shall constitute a
final settlement and a full accord and satisfaction of all matters relating to the change of
work and /or services and to the impact of the change on unchanged goods and /or work
including, but not limited to, all direct and indirect costs of whatever nature and all
adjustments to the Contractor schedule.
(c). If instructed by the City, the Contractor shall change or revise work that has been
performed, and if such work is not required as a result of error, omission or negligence of
the Contractor, the Contractor may be entitled to additional compensation. The Contractor
must submit for City approval a revised proposal with a revised fee quotation. Additional
compensation, if any, shall be agreed upon before commencement of any such additional
work and shall be incorporated into the work by Change Order to the Work Order.
SECTION 22: COMPENSATION.
(a). Compensation to the Contractor for the services set forth in the IFB shall be the
fixed fee amount of $71,869.00.
(b). Compensation to the Contractor for the services performed on each Work Order
shall be as set forth the Work Order /Change Order.
(c). The Contractor agrees that hourly rates charged shall not exceed the following for
work occurring after the work set forth in the IFB:
(1). Monday through Friday, 7:00 a.m. until 5 :00 p.m.: $32.50 per technician.
(2). Monday through Friday, 5:00 p.m. until 7:00 a.m: $36.00 per technician.
(3). Weekends and Holidays: $48.75 per technician.
(d). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc.
and other items not directly attritbutable to items produced for each Work Order.
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex 16
(e). Work performed by the Contractor without written approval by the City's designated
representative shall not be compensated. Any work performed by the Contractor without
approval by the City is performed at the Contractor's own election.
(f). In the event the City fails to provide compensation underthe terms and conditions of
this Agreement, the Contractor shall notify the City's designated representative in order that
the City may take remedial action.
SECTION 23: INVOICE PROCESS.
(a). Payments shall be made by the City to the Contractor when requested as work
progresses for services furnished, but not more than once monthly. Each Work Order shall
be invoiced separately. The Contractor shall render to the City, at the close of each
calendar month, an itemized invoice properly dated, describing all services rendered as
Exhibit "B ", the Project Status Report Form, the cost of the services, the name and address
of the Contractor, Work Order Number, Contract Number and all other information required
by this Agreement.
(b). Invoices which are in an acceptable form to the City and without disputable items will
be processed for payment within thirty (30) days of receipt by the City.
(c). 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.
(d). The City and the Contractor will make every effort to resolve all disputable items
contained in the Contractor's invoices.
(e). Each invoice shall reference this Agreement, the appropriate Work Order and
Change Order if applicable, the billing period, and include the Project Status Report for the
period being billed. A Project Status Report form is attached as Exhibit "B ".
(f). The Florida Prompt Payment Act shall apply when applicable.
(g). Invoices are to be forwarded directly to:
Finance Director
City Hall
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
SECTION 24: TERMINATION OF AGREEMENT.
17
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
(a). The City may terminate this Agreement or any Work Order for convenience at any
time.
(b). The City may also terminate this Agreement or any Work Order for one or more of
the reasons as follows:
(1). If, in the City's opinion, adequate progress under this Agreement, or a Work
Order, is not being made by the Contractor; or
(2). If, in the City's opinion, the quality of the services provided by the Contractor
is /are not in conformance with commonly accepted professional standards, standards of
the City, the requirements of Federal or State regulatory agencies, and the Contractor has
not corrected such deficiencies in a timely manner as reasonably determined by the City; or
(3). The Contractor or any employee or agent of the Contractor is indicted or has
a direct charge issued against him for any crime arising out of or in conjunction with any
work that has been performed by the Contractor; or
(4). The Contractor becomes involved in either voluntary or involuntary
bankruptcy proceedings, or makes an assignment for the benefit of creditors; or
(5). The Contractor violates the standards of conduct provisions herein or any
provision of State or local law or any provision of the City's ethical rules or codes of
conduct.
(c). In the event of any of the causes described in this Section, the City's designated
representative may send a certified letter requesting that the Contractor show cause why
the Agreement or any Work Order should not be terminated. If assurance satisfactory to
the City of corrective measures to be made within a reasonable time is not given to the City
within fourteen (14) calendar days of the receipt of the letter, the City may consider the
Contractor to be in default, and may immediately terminate this Agreement or any Work
Order in progress under this Agreement.
(d). In the event that this Agreement or a Work Order is terminated for cause and it is
later determined that the cause does not exist, then this Agreement or the 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.
(e). Termination for convenience shall occur upon fifteen (15) days advance notice
consistent with the notice provisions of this Agreement or immediately if the City
determines that such termination is necessary to protect the public health, safety or
welfare.
SECTION 25: TERMINATION BY CONTRACTOR FOR CAUSE.
18
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
(a). The Contractor may terminate this Agreement if:
(1). The City materially fails to meet its obligations and responsibilities as
contained in Section 14; City Rights and Responsibilities; or
(2). The City fails to pay the Contractor in accordance with this Agreement.
(b). In the event of either of the causes described in Subsection (a), the Contractor shall
send a certified letter requesting that the City show cause why the Agreement should not
be terminated. If adequate assurances are not given to the Contractor within fourteen (14)
calendar days of the receipt of said show cause notice, the Contractor may consider the
City to be in default and may immediately terminate this Agreement.
SECTION 26: TERMINATION BY THE CITY WITHOUT CAUSE.
(a). Notwithstanding any other provision of this Agreement, the City shall have the right
at any time to terminate this Agreement in its entirety without cause, or terminate any
specific Work Order without cause, if such termination is deemed by the City to be in the
public interest, provided that fifteen (15) calendar days prior written notice is given to the
Contractor of the City's intent to terminate.
(b). In the event that this Agreement is terminated, the City shall identify any specific
Work Order(s) being terminated and the specific Work Order(s) to be continued to
completion pursuant to the provisions of this Agreement.
(c). This Agreement will remain in full force and effect as to all authorized Work Order(s)
that is /are to be continued to completion.
SECTION 27: PAYMENT IN THE EVENT OF TERMINATION.
In the event this Agreement or any Work Order is terminated or canceled prior to final
completion payment for the unpaid portion of the services provided by the Contractor to the
date of termination and any additional services shall be paid to the Contractor.
SECTION 28: ACTION FOLLOWING TERMINATION.
Upon receipt of notice of termination, given by either party, the terminated party shall
promptly discontinue the provision of all services, unless the notice provides otherwise.
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Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
SECTION 29: SUSPENSION.
(a). The performance or provision of the Contractor services under this Agreement or
any Work Order under this Agreement may be suspended by the City at any time.
(b). In the event the City suspends the performance or provision of the Contractor's
services hereunder, the City shall so notify the Contractor in writing. Such suspension
becoming effective upon the date stated in the notice. The City shall pay to the Contractor
within thirty (30) days all compensation which has become due to and payable to the
Contractor to the effective date of such suspension. The City shall thereafter have no
further obligation for payment to the Contractor for the suspended provision of services
unless and until the City's designated representative notifies the Contractor in writing that
the provision of the services of the Contractor called for hereunder are to be resumed by
the Contractor.
(c). Upon receipt of written notice from the City that the Contractor's provision of
services hereunder are to be resumed, the Contractor shall continue to provide the
services to the City.
SECTION 30: ALTERNATIVE DISPUTE RESOLUTION (ADR).
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreement, the parties agree to exhaust any alternative dispute resolution
procedures reasonably imposed by the City prior to filing suit or otherwise pursuing legal
remedies.
(b) The Contractor agrees that it will file no suit or otherwise pursue legal remedies
based on facts or evidentiary materials that were not presented for consideration to the City
in alternative dispute resolution procedures or which the Contractor had knowledge and
failed to present during the City procedures.
(c). In the event that City procedures are exhausted and a suit is filed or legal remedies
are otherwise pursued, the parties shall exercise best efforts to resolve disputes through
voluntary mediation. Mediator selection and the procedures to be employed in voluntary
mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall
be shared equally among the parties participating in the mediation.
SECTION 31: SEVERABILITY /CONSTRUCTION.
(a). If any term, provision or condition contained in this Agreement shall, to any extent,
be held invalid or unenforceable, the remainder of this Agreement, or the application of
such term, provision or condition to persons or circumstances other than those in respect
of which it is invalid or unenforceable, shall not be affected thereby, and each term,
provision, and condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law when consistent with equity and the public interest.
20
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
(b). All provisions of this Agreement shall be read and applied in pari materia with all
other provisions hereof.
(c). Violation of this Agreement by the Contractor is recognized by the parties to
constitute irreparable harm to the City.
(d). The use of the term "Work Order" shall also mean "Purchase Order' in this
Agreement when appropriate in the context and, likewise, the terms "work" or "services"
shall include the provision of goods in the appropriate context.
SECTION 32: CONTROLLING LAWS/VENUE /INTERPRETATION.
(a). This Agreement shall be governed by the laws of the State of Florida.
(b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth
Judicial Circuit Court in and for Seminole County, Florida.
(c). This Agreement is the result of bona fide arms length negotiations between the City
and the Contractor and all parties have contributed substantially and materially to the
preparation of the Contract. Accordingly, this Agreement shall not be construed or
interpreted more strictly against any one party than against any other party.
SECTION 33: INDEMNITY.
(a). To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless,
and defend the City, its agents, servants, officers, officials, and employees, or any of them,
from and against any and all claims, damages, losses, and expenses including, but not
limited to, attorneys fees and other legal costs such as those for paralegal, investigative,
and legal support services, and the actual costs incurred for expert witness testimony
arising out of or resulting from the performance or provision of services required under this
Agreement, provided that same is caused in whole or part by the error, omission, negligent
act, failure to act, malfeasance, misfeasance, conduct, or misconduct of the Contractor, its
agents, servants, officers, officials, employees, or subcontractors. The City does not waive
its right to assert consquential damages against the Contractor.
(b). In accordance with Section 725.06, Florida Statutes, adequate consideration has
been provided to the Contractor for this obligation, the receipt and sufficiency of which is
hereby specifically acknowledged.
(c). Nothing herein shall be deemed to affect the rights, privileges, and immunities of the
City as set forth in Section 768.28, Florida Statutes.
(d). In claims against any person or entity indemnified under this Section by an
employee of the Contractor or its agents or subcontractors, anyone directly or indirectly
employed by them or anyone for whose acts they may be liable, the indemnification
obligation under this Section shall not be limited by a limitation on amount or type of
21
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
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 in this Agreement; provided, however, that the
Contractor shall also comply with the provisions of this Agreement relating to insurance
coverages.
SECTION 34: INSURANCE.
(a). The Contractor shall obtain or possess and continuously maintain the following
insurance coverage, from a company or companies, with a Best Rating of A- or better,
authorized to do business in the State of Florida and in a form acceptable to the City and
with only such terms and conditions as may be acceptable to the City:
(1). Workers Compensation /Employer Liability: The Contractor shall provide
Worker Compensation insurance for all employees engaged in the work under this
Agreement in accordance with the laws of the State of Florida. Employers' Liability
Insurance shall be provided with limits not less than the following:
$100,000 Each Accident
$100,000 Disease Each Employee
$500,000 Disease Aggregate
(2). Comprehensive General Liability: The Contractor shall provide coverage for
all operations including, but not limited to, contractual, independent Contractor, products
and complete operations and personal injury with limits not less than the following:
$1,000,000 Bodily Injury & Property Damage - each occurrence
$1,000,000 Personal & Advertising Injury - each occurrence
$2,000,000 General Aggregate
$2,000,000 Products /Completed Operations Aggregates limit
$ 5,000 Medical Payments
$ 100,000 Fire Damage Legal Liability
(3). Comprehensive Business Automobile Liability: The Contractor shall provide
complete coverage with a combined single limit of not less than $1,000,000 Bodily Injury
and Property Damage in accordance with the laws of the State of Florida, as to the
ownership, maintenance, and use of all owned, non - owned, leased or hired vehicles.
(4). Professional Liability: The Contractor shall provide professional liability
insurance as well as errors and omission insurance in a minimum amount of $1,000,000
CSL or its equivalent, with a combined single limit of not less than $1,000,000, protecting
the Contractor against claims of the City for negligence, errors, mistakes, or omissions in
the performance of services to be performed and furnished by the Contractor.
22
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
(5) Other Required Insurance Coverage: Where unusual operations are
necessary to complete the work, such as Longshoremen and Harbor Workers' Exposures,
use of aircraft or watercraft, use of explosives, and any high risk circumstances. No
aircraft, watercraft or explosives shall be used without the express advance written
approval of the City which may, thereupon, required additional insurance coverages.
(b). All insurance other than Workers Compensation and Professional Liability that must
be maintained by the Contractor shall specifically include the City as an additional insured.
All insurance minimum coverages extend to any subcontractor, and the Contractor shall be
responsible for all subcontractors. The Contractor shall ensure that the City is named as an
insured party in each pertinent insurance policy.
(c). The Contractor shall provide Certificates of Insurance to the City evidencing that all
such insurance is in effect prior to the issuance of the first Work Order under this
Agreement. 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 an insurer acceptable to the
City, the Contractor shall be deemed to be in default of this Agreement.
(d). The insurance coverage shall contain a provision that requires that prior to any
changes in the coverage, except increases in aggregate coverage, thirty days prior notice
will be given to the City by submission of a new Certificate of Insurance and appropriate
policy modification.
(e). The Contractor shall provide Certificate of Insurance directly to the City's designated
representative. The certificates shall clearly indicate that the Contractor has obtained
insurance of the type, amount, and classification required by this Agreement.
(f). Nothing in this Agreement or any action relating to this Agreement shall be
construed as the City waiver of sovereign immunity beyond the limits set forth in Section
768.28, Florida Statutes.
(g). The City shall not be obligated or liable under the terms of this Agreement to any
party other than the Contractor. There are no third party beneficiaries to this Agreement.
23
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
(h). The Contractor is an independent Contractor and not an agent, representative, or
employee of the City. The City shall have no liability except as specifically provided in this
Agreement.
(i). All insurance shall be primary to, and not contribute with, any insurance or self -
insurance maintained by the City.
(j). The provision of insurance coverage shall not in any way cause the Contractor's
indemnification of the City to be reduced in any way or in any respect.
SECTION 35: EQUAL OPPORTUNITY EMPLOYMENT/NON- DISCRIMINATION.
The Contractor agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age,
national origin, or disability and shall 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.
SECTION 36: ACCESS TO RECORDS /AUDIT /PUBLIC RECORDS.
(a). The Contractor shall maintain books, records, documents, time and costs accounts,
and other evidence directly related to its provision or performance of services under this
Agreement. All time records and cost data shall be maintained in accordance with
generally accepted accounting principles.
(b). The Contractor shall maintain and allow access to the records required under this
Section for a minimum period of five (5) years after the completion of the provision or
performance services under this Agreement and date of final payment for said services, or
date of termination of this Agreement.
(c). The City reserves the right to unilaterally terminate this Agreement if the Contractor
refuses to allow public access to all documents, papers, letters, or other materials subject
to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or
received by the Contractor in conjunction, in any way, with this Agreement.
(d). 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 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 services
are provided or performed. Total compensation to the Contractor may be determined
24
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
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.
(e). In addition to the above, if Federal, State, County, or other entity funds are used for
any 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
representative, shall have access to any books, documents, papers, and records of the
Contractor which are directly pertinent to services provided or performed under this
Agreement for purposes of making audit, examination, excerpts, and transcriptions.
(f). 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.
(g). The Contractor agrees to fully comply with all State laws relating to public records.
(h). The Contractor agrees that if any litigation, claim, or audit is started before the
expiration of the record retention period established above, the records shall be retained
until all litigation, claims, or audit findings involving the records have been resolved and
final action taken.
SECTION 37: COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which, taken together, shall constitute one and the same
document.
SECTION 38: SUBMITTALS.
This Agreement describes each item that must be provided by the Contractor to the City.
All documents provided to the City by the Contractor must be accurate and updated
certifying that the Contractor is proceeding correctly.
SECTION 39: EXHIBITS.
Each exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The exhibits and any amendments or revisions thereto, even if not physically
attached hereto, shall be treated as if they are part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature with the City acting through its
City Commission and the Contractor signing by and through its duly authorized corporate
officer having the full and complete authority to execute same.
25
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
Attest:
/Michael 6Z lus,
Secretary/Director
Attest:
Janet Dougherty, Cit lerk
For use and reliance of the
Sanford City Commission only.
ADDrovA as to form andhe,(aV
William L. Colbert U '
City Attorney
/ V - 6; 9
Tri -City Electrical Contractors, Inc.
By: �' /�"
Jac Olms d
Pre " id
Date: 3 5 -
City Of Sanford
Linda K ihn, Mayor
Date
26
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex
Exhibit " A "
PART 1 GENERAL
1.01 Description
BID OR PROPOSAL SUBMISSION FORM
The following Submission Number IFB 09/10 -04 Title Structured Cable is
hereby submitted to The City of Sanford, Florida. I understand that the entirety of this
submission will be exempt from the Florida Public Information statutes. Reference: Florida
Statute 119.07(1) and 24(a), Article 1 of the State of Florida Constitution)
1.02 The Undersigned:
A. Acknowledges
receipt of: Addenda:
Numbers: RFI Numbers- 001. 002. 001004. 005. 006. 007
008, 009, 010
Number RFI Numbers- 011, 012, 013 Previously provided,
Acknowledged by this form
Number RF 14 & 15 Dated 2/24/2010
Number Dated
NOTE RFI's'submitted after:3:00p:m.,:Feb 24,2010 °will receive no response.
2. That he /she has examined the site and all Bidding Documents and
understands that in submitting his Bid, he /she waives all right to plead
any misunderstanding regarding the same.
That the City reserves the right to award the bid in its entirety, by groups
of items, or by individual line item(s) which ever is in the City's best
interests. It is noted that the City is responsible only for items or services
actually ordered by written contract or purchase order.
4. That the Offeror's submission will be rejected if the Offeror including a
company(ies) represented to be a participant in any purchase or contract
resulting from this bid is included in Convicted, Suspended or
Discriminatory vendor lists maintained by the State of Florida.
B. Agrees:
1. To hold this Bid open for 60 calendar days after the bid opening date.
2. 1 further certify that this offer is made without prior understanding,
agreement, connection, discussion, or collusion with any other
person, firm or corporation submitting a proposal for the same product
or service; no officer, employee or agent of the City of Sanford or any
other bidder /Offeror.
THIS FORM MUST BE SUBMITTED WITH BID
3. To enter into and execute a contract with the City of Sanford, if awarded on
the basis of this Bid, and to furnish all required bonding and insurance in
accordance with the Instructions to Bidders.
1.03 Bidder /Proposer shall submit the original and two copies of this submission including all
required documents and forms included with this Invitation for bids.
1.04 Any bids received after the opening date and time indicated below will not be
considered:
• Deliver bids to: City of Sanford Purchasing Office, Room 236; 300 N.
Park Avenue; Sanford, Florida 32771 (Sanford City Hall)
. Opening Date: Changed to- Feb. 26, 2010 at 2:00 p.m.
. Place of Opening: City Commission Chambers, Room 117, City Hall,
300 N Park Ave., Sanford, FL
1.05 SUBMITTED, signed and sealed this 26 day of February , 2010
Tri - City Electrical Contractors, Inc.
Bidder /Offeror
i�C' 2/26/10
By (Signature) Date
Charles W. McFarland, Sr VP .Admin /CFO
Printed Name and Title
410 West Chive
Business Address
Altamonte Springs, FL 32714
City State Zip Code
4n7- 78A — *11;nn 407- 332 -1791
Telephone No. Facsimile No.
END OF SECTION
THIS FORM MUST BE SUBMITTED WITH BID
6 T C
'14 f_
Electrical Contractors, Inc. o-
System Pricin1l
CATV SYSTEM
CCTV SYSTEM
PAGING SYSTEM
SECURITY SYSTEM
VOICE /DATA SYSTEM
MISCELLANEOUS SYSTEMS
TOTAL ALL SYSTEMS
(Labor and miscellaneous materials)
Less any bonds
PERFORMANCE BOND
$9,464.00
$5,091.00
$9,192.00
$7,153.00
$38,851.00
$1,343.00
$71,094.00
$775.00
(If required)
After review of the provided Mechanical HVAC drawings, it appears and is assu end that
Afte p g pp
non plenum rated cable can be used. The attached Bill of Materials includes non - plenum
rated cable part numbers for all systems. If Plenum rated cables are required, adjustments
to the part numbers will be required.
aMOrd
PuL .y Complex
IFe 09110 -04
City Of Sanford
Public Safety Complex
CATV Cabling
MATERIAL/LABOR DESCRIPTION
MANUFACTURER
NOTES
RG -11 coaxial cable -riser rated
RG -11 compression F connector
RG -6 quad-shield non plenum rated coaxial cable
RG -6 compression F connector for quad shield cable
Ortronics 1 -port flush faceplate - CATV outlet
Ortronics modular F insert - Electrical Ivory
Cable label
Faceplate label
Feed cable luggage tag
Pre -wire CATV outlet w/1 RG -6 coaxial cable
Test RG - coaxial cable with segment
Test RG - 11 coax cable segment
NAME
Belden
Ideal
Belden
Ideal
Ortronics
Ortronics
PART NUMBER
1523R
89 -211
1189A
89 -056
OR- 40300549 -13
OR- 6370006 -13
QUANTITIY
1,355
12
19,000
278
139
139
278
141
12
139
139
6
UNIT
Ft
Ea
Ft
Ea
Ea
Ea
Ea
Ea
Ea
Ea
Ea
Ea
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Contractor Provided
Contractor Provided
Contractor Provided
Contractor Provided
Contractor Provided
Contractor Provided
Labor and Miscellaneous
Materials Cost $9,464.00
City Of Sanford
Public Safety Complex
CCTV Cabling
MATERIAL/LABOR DESCRIPTION
MANUFACTURER
NOTES
Terminate Cat 6 cable @ TR
NAME
PART NUMBER
QUANTITIY
UNIT
Test Cat 6 cable w /OmniScanner
72
Ea
Dress Horz. cbl TR (per cbl
72
72
Ea
Ea
Ortronics blank insert for faceplate - Electrical No 10- k
Ortronics
OR- 42100002 -13
9
Ea
Owner Furnished
Cominq ST anaerobic fiber connector
Corning
95- 051 -52 -SP
12
Ea
Owner Furnished
Ortronics 48-port Category 6 patch panel (Security WAP
Ortronics
OR- PHD66U48
5
Ea
Owner Furnished
Ortronics 6-port ST adapter panel
Ortronics
OR- OFP- STS06N6
5
Ea
Owner Furnished
Ortronics blank adapter panel
Ortronics
OR -OFP -BLANK
5
Ea
Owner Furnished
BerkTek Category 6 rated cable - CCTV cabling
BerkTek
10032459
9,000
Ft
Owner Furnished - P/N to be verified
Belden RG -59 coaxial cable - CCTV system
Belden
8263
1000
Ft
Owner Furnished
2 conductor - 14AWG cable - CCTV cabling
West Penn
PLT226
1000
Ft
Owner Furnished
BerkTek 4- strand indoor /outdoor rated fiber 50um Laser Optimized- CCTV cabling
BerkTek
ICR004EB2010/25 -1 /0 BLA
1,750
Ft
Owner Furnished
Ortronics wall mount fiber cabinet
Ortronics
OR- 62100040
5
Ea
Owner Furnished
RG -59 compression F BNC connector
Ideal
89 -5047
36
Ea
Owner Furnished
Ortronics 2-port surface mount box - CCTV cabling
Ortronics
OR- 403TJ2
72
Ea
Owner Furnished
Cable label
168
Ea
Contractor Furnished
Faceplate label
72
Ea
Contractor Furnished
Pe -wire CCTV camera w/1 Category 6, 4-pair cable
72
Ea
Pre -wire CCTV camera w/1 RG -59 and 2 #14AWG cables
9
Ea
Ortronics Category 6 modular jack
Ortronics
OR -TJ600
72
Ea
Owner Provided - Color to be verified
Labor and Miscellaneous
Materials Cost $5,091.00
City Of Sanford
Public Safety Complex
PAGING
MATERIAL/LABOR DESCRIPTION
MANUFACTURER
NOTES
NAME
PART NUMBER
QUANTITIYJ
UNIT
BerkTek Category 5e, 4-pair non plenum cable - Paging
Valcom 24 -zone page controller
BerkTek
Valcom
10032535
V -2924A
19,0001
1
Ft
Ea
Owner Furnished - P/N to be verified
Owner Furnished
Valcom 2'x 2'lay in ceiling speaker
Valcom
V -9022
197
Ea
Owner Furnished
Valcom volume contol unit
Valcom
V -1092
85
Ea
Owner Furnished
Valcom pendant speaker
Valcom
V -1015B
4
Ea
Owner Furnished
Valcom 5 -watt page horn
Valcom
V -1030C
4
Ea
Owner Furnished
Valcom 4-amp power supply
Valcom
VP -4124
8
Ea
Owner Furnished
66M1 -50 connecting block - Paging
Siemon
66M -150
15
Ea
Owner Furnished
66M bracket - Paging
Siemon
89B
15
Ea
Owner Furnished
Valcom surface mountspeaker
Valcom
V -1052C
3
Ea
Owner Furnished
Cable label
586
Ea
Contractor Furnished
Pre -wire paging speaker/volume control home -run
1271
Ea
Pre -wire paging speaker loop
166
Ea
Terminatespeaker cable home -run in ER
127
Ea
Terminatespeaker cable home run at device
127
Ea
Terminate loop cable at device x 2 for both ends
166
Ea
Labor and Miscellaneous
Materials Cost $9,192.00
City Of Sanford
Public Safety Complex
SECURITY
MATERIAL /LABOR DESCRIPTION
MANUFACTURER
NOTES
NAME
PART NUMBER
QUANTITIY
UNIT
Prewire w1 /4-pr cbl, - 250ft.
3
Ea
Terminate Cat 6 cable @ TR
91
Ea
Test Cat 6 cable w /OmniScanner
91
Ea
Dress Horz. cbl @ TR (per cbI
88
Ea
BerkTek Category 6 OSP rated cable
BerkTek
10139885
2,0001
Ft
Owner Provided
Ortronics blank insert for faceplate - Electrical Ivory
Ortronics
OR- 421.00002 -13
10
Ea
Owner Provided
Ortronics 48-port Category 6 patch panel (Security WAP
Ortronics
OR- PHD66U48
7
Ea
Owner Provided
2- conductor - #18AWG cable - Monitored Door cabling
West Penn
PLT224
7,000
Ft
Owner Provided
BerkTek Category 6 Cable - Security - Red Jacket - Reel
BerkTek
100332476
11,000
Ft
Owner Provided
Cable label
306
Ea
Contractor Furnished
Faceplate label
91
Ea
Contractor Fumished
Patch panel port label
91
Ea
Contractor Furnished
Pre -wire Security device w/1 Cat 6 cable
83
Ea
Ortronics Category 6 modular jack - Security
Ortronics
OR -TJ600
83
Ea
Owner Provided - Color to be verified
Ortronics 2-port surface mount box - Security cabling
Ortronics
OR- 403TJ2
86
Ea
Owner Provided
Pre -wire Door Contact w/1 2c /18AWG cable
62
Ea
Pre -wire Video Monitor w/1 Cat 6 cable
3
Ea
Ortronics Category 6 modular jack - Video Monitor
Ortronics
OR -TJ600
3
Ea
Owner Provided - Color to be verified
Pre -wire Video Intercom Station w/1 Cat 6 cable
3
Ea
Ortronics Category 6 modular jack - Video Intercom Station
Ortronics
OR -TJ600
5
Ea
Owner Provided - Color to be verified
BerkTek Category 6 Cable - Video Intercom Station
BerkTek
100324XX
1,000
Ft
Owner Provided - Color to be verified
Pre -wire gate entrance pedestal Video Intercom Station w/1 Cat 6 OSP cable
2
Ea
Labor and Miscellaneous
Materials Cost $7,153.00
City Of Sanford
Public Safety Complex
VOICE /DATA CABLE
MATERIAULABOR DESCRIPTION
MANUFACTURER
Prewire w1/4- r cbl, - 100ft.
NAME
PART NUMBER
QUANTITIY
UNIT
NOTES
Prewire w1/4-pr cbl, - 150ft.
63
Ea
Prewire w2/4-pr cbl, - 250ft.
311
Ea
Terminate Cat 6 cable TR
11
Ea
Test Cat 6 cable w /OmniScanner
396
Ea
Dress Horz. cbl TR (per cbl
374
Ea
Dress Riser cbl TR (per cbl
396
Ea
Terminate Cable (per air
18
Ea
Test Cable (per air
1584
, 744
Ea
Test FO Strand w /Pwr Meter 1 WL
Ea
Test FO Strand w /OTDR 1 WL
108
Ea
BerkTek Category 6 Cable - Voice /Data
BerkTek
10032459
108
66,000
Ea
Ft
Owner Provided
Ortronics 2-port flush mount faceplate
Ortronics
OR- 40300548 -13
258
Ea
Owner Provided
Ortronics 1-port stainless steel wall hone faceplate add jack
Ortronics
OR- 403STJlWP
27
Ea
Owner Provided
Ortronics Category 6 modular jack
Ortronics
OR- TJ600 -13
373
Ea
Owner Provided
Ortronics blank insert for faceplate - Electrical Ivory
Ortronics
OR- 42100002 -13
45
Ea
Owner Provided
BerkTek 12- strand 50/125um Laser Optimised OM -3 fiber optic cable
BerkTek
PDR12EB3010/75
2,325
Ft
Owner Provided
1" riser rated fiber innerduct
Eastern Wire
PDRU1000
2,325
Ft
Owner Provided
Ortronics 2-port 106-style mounting frame
Ortronics
OR 40800017-
14
Ea
Owner Provided
Corning ST anaerobic fiber connector
Corning
95- 051 -52 -SP
216
Ea
Owner Provided
100-pair Category 3 riser rated cable
BerkTek
10032472
2,015
Ft
Owner Provided
Ortronics 48-port Category 5e patch panel (Telephone Feed
Ortronics
OR- PHD5E6U48
36
Ea
Owner Provided
Ortronics 48-port Category 6 patch panel Voice Data
Ortronics
OR- PHD66U48
17
Ea
Owner Provided
Ortronics 1 U rack mount fiber cabinet
Ortronics
OR -FC01 U -P
9
Ea
Owner Provided
Ortronics 41-1 rack mount fiber cabinet
Ortronics
OR- FC4U -P
2
Ea
Owner Provided
Ortronics 6-port ST adapter panel
Ortronics
OR- OFP- STS06NB
361
Ea
Owner Provided
Ortronics blank adapter panel
Ortronics
OR -OFP -BLANK
9
Ea
Owner Provided
BerkTek Category 6 Cable - Wireless Access Point
BerkTek
10032459
2,000
Ft
Owner Provided - Color to be verified
CPI ceiling mount wireless access point enclosure
CPI
ATT- CAP
Owner Provided - P/N to be verified for WAP
CPI 7'x 19" communications equipment rack
CPI
-UNI
46053 -703
14
6
Ea
Ea
being provided
Owner Provided
Rack isolation kit
CPI
10605 -019
6
Ea
lOwner Provided
Rack installation kit - concrete floor
CPI
40604 -001
6
Ea
Owner Provided
CPI 6" double sided vertical cable manager
CPI
11729 -703
12
Ea
Owner Provided
Ortronics horizontal wire manager
Ortronics
OR- 808045030
54
Ea
Owner Provided
CPi 12" x 10' universal cable runway
CPI
10250 -712
12
Ea
Owner Provided
CPI cable runway radius drop
CPI
12100 -712
10
Ea
Owner Provided
CPI cable runwav E bend - 12"
CPI
10822 -712
2
Ea
Owner Provided
CPI cable runway butt s lice kit
CPI
16301 -701
5
Ea
Owner Provided
CPI cable runwav 'unctions lice kit
CPI
16302 -701
4
Ea
Owner Provided
CPI rack to runway mounting late
CPI
10595 -712
10
Ea
Owner Provided
CPI cable runway triangle support bracket
CPI
11312 -712
10
Ea
Owner Provided
CPI cable runway wall angle support kit
CPI
11421 -712
61
Ea
Owner Provided
CPI cable runway protective end caps 1 r
CPI
10642 -001
12
Ea
Owner Provided
CPI grounding busbar
CPI
13622 -012
91
Ea
Owner Provided
Ground wire, #6 AWG w /sheath
CPI two hole compression ground lug for # 6
CPI
40162
165
Ft
Contractor Furnished
-901
181
Ea
Owner Provided
CPI cable runway grounding strap kit
CPI
40164 -001
9
Ea
Owner Provided
CPI one mounting hole ground terminal block
CPI
08009 -001
18
Ea
Owner Provided
Cable label
792
Ea
Contractor Furnished
Faceplate label
372
Ea
Contractor Furnished
Patch panel port label
374
Ea
Contractor Furnished
Engraved equipment anel label
70
Ea
Contractor Furnished
En raved equipment rack/cabinet label
121
Ea
Contractor Furnished
Feed cable luggage tag
361
Ea
Contractor Furnished
CPI wall mount equipment cabinet
CPI
11900 -736
2
Ea
Owner Provided
Free Standing server room equipment cabinet
CPI
Labor only to install
4
Ea
Owner Provided
Caddy Fastener 2 " 'hook w /beam clamp
Caddv Fastener
CAT32BC
1,023
Ea
Owner Provided
Ortronics 2-port surface mount box - WAP cabling
Ortronics
OR-403T,12
14
Ea
Owner Provided
25-pair Category 3 riser rated cable
BerkTek
10032396
310
Ft
Owner Provided
Install Owner Provided WAP
14
Ea
Labor and Miscellaneous
Materials Cost $38,851.00
City Of Sanford
Public Safety Complex
MISCELLANEOUS
MATERIAL/LABOR DESCRIPTION
MANUFACTURER
I
NOTES
Test FO Strand w /Pwr Meter 1 WL
Test FO Strand w /OTDR 1WL
Corning ST anaerobic fiber connector
Ortronics 6-port ST adapter panel
Ortronics blank adapter panel
Ortronics wall mount fiber cabinet
1/2" Foam helix cable - for roof top antennas
N male 1/2" foam connector
. Grounding kit
flange arrestor, N /F -F
Feed cable luggage ta g
BerkTek 4- strand indoor /outdoor rated fiber - Generator cabling
NAME
Cornin
Ortronics
Ortronics
Ortronics
Andrews
Andrews
Andrews
Pol Phaser
BerkTek
PART NUMBER
95- 051 -52 -SP
OR- OFP- STSO6NB
OR -OFP -BLANK
OR- 62100040
LDF4 -50A
L4TNM -PS
223158 -2
IS- 50NX -C2
ICR004EB2010/25 -1 /0 BLA
QUANTITIY
2
2
4
2
2
2
1,250
12
12
12
14
270
UNIT
Ea
Ea
Ea
Ea
Ea
Ea
Ft
Ea
Ft
Ft
Ft
Ft
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Owner Provided
Labor and Miscellaneous
Materials Cost $1,343.00
Electrical Contractors, Inc.
Moves /Changes Hourly Rates
Hourly rates for Moves, Adds and Changes are as follows:
M -F 7AM — 5PM
M -F 5PM — 7AM
Weekends
Holiday
$32.50 per hour per technician
$36.00 per hour per technician
$48.75 per hour per technician
$48.75 per hour per technician
CITY OF SANFORD
EXHIBIT "B"
PROJECT STATUS REPORT
Project Name:
Project Manager:
Status Report Period; From:
Phase: Planning ❑ Design ❑ Bidding ❑ Construction ❑
1. In paragraph form, list the current status of the project and work completed this
Billing Period.
2. In paragraph form, list all milestones reached this Billing Period.
3. In paragraph form, list any pending issues or items of note.
Project Manager Signature:
Date:
27
Data Cable/ Structured Cable Installation Services Agreement/Public Safety Complex