Loading...
2313 IFB 19/20-74 Fire Training Building - Mark ConstructionFINANCE DEPAR I MEN I TO: City Clerk/Mayor RE: IFB 19/20-74 Fire Training Building — Mark Construction The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ❑ Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies El Special Instructions Agreement LiIA� 6ojadai4e-v- From SharePoitit—Fiiiance—Purcliasiiig_Foriiis - 2018.doc 3/4/202 -3 - Date SECTION 00520 AGREEMENTFORM PART1 GENERAL 7' 1.01 TH��AGREEK0ENT'made and entered into ix�4h /-lLLdavof [ �] by andhebxxeethe 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 Mark Construction Co , whose principal and local address is 2452 Lake Emma Road, Suite 1040, Lake Mary, FL 32746 , hereinafter �e_f_erred 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 . Contractor's Bid, Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions, the Specifications 8ated in the Index to the Manua|, 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, Engineers 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 bothe Contract and are, further' agreed to be incorporated into the Contract as iffully set forth therein verbatim, The Contract Documents include: 1. Executed, Section DO52O-Agreement Form. 2. The Project Monmd. Note the Index onpage number O0010-1of the Project Manual) includes all instnuoUono, terrns, ganono| and supplemental conditions, bid documents, p|eno, prints and specifications pertaining tVthe Project. 3. Addenda Applicable tnthe Bid 4. Contractor's Bid, 00410. 5. Performance Bond, OOGO5. 6. Payment Bond, OO61D 7. Material and Workmanship Bond, DOO15. 8. Trench Safety (Executed Form).00438 S. Non Collusion Affidavit, OU432 10, Conflict ofInterest Affidavit, 00434 11. Public Entities Crime Affidavit, O&43@ 12. Compliance With the Public Records Law Affidavit, UO430 13. Bidder Information and Affidavit, OO44O 14. Certification OfNon-Segregated Facilities (Executed Furm).0045O 15. Disputes Disclosure (Executed For0),OO452 Fire Training Building - Pre Engineered \ AGREEMENT 16. Drug Free Form), 00454 17. Unauthorized UUeom0Alien Workers Affidavit, OO458 18. Compliance Affidavit, OO458 19. Americans With Disabilities Act Affidavit, O048O 20. Financial Information (Executed Form) (if Required bvCib/).00482 21. Criminal Background Check Requirements <|f Required for Project by City), 00525 22. |nsunamceCeNficak*(a) 23. Notice ofAward, OOS1O 24. Notice toProceed, DO53O. 25. Consent ofSurety toFinal Payment (Executed Form).00617. 26. Contractors Application for Payment (Executed Fmnna).ODD25. 27. Certificate of Substantial Completion, 00626. 28. Certificate ofFinal Completion, 00027. 29. Contractors Podio| Release ofLien (Executed Formn), 00640' 30. Subcontractor's Final Release ofLien (Executed Fonn).ODO42. 31. Subcontractor's Partial Release ofLien (Executed FVrmm).0064R. 32. Contractors Release ofLien (Executed Fomm).O0G44. 33. Project Field Order (Executed Form), 00940. 34. Work Directive Change (Executed FVrmn).DOQ45. 35. Change Order (Ewecubad).U0SSO. 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 mQnaad upon by the Padk*o ohnU be included asapart ofthe Contract. These documents form the Contract and all are as fully a part ofthe Contract as if attached to this Agreement or repeated herein. As the documents indicated above are mweouted, 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 pad 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 mfthe pre-engineered metal building and foundation for C. Contract Time The Contractor shall begin Work after the issuance cfewritten Notice toProceed from Owner and shall substantially complete the Work within the Contract Time identified inParagraphs 1.O2.C.5Vfthe Bid Form, which is 120 calendar days. The Work shall be finally complete, ready for Final Payment iMaccordance with the General Conditions, within 30 calendar days from the actual dote of substantial completion. O. Liquidated Damages Fire Training Building — Pre Engineered AGREEMENT 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 obove, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in 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 eaopenalty) CONTRACTOR shall pay OWNER $ 1,045 for each calendar day that expires after the time specified in Paragraph C for substantial completion until the Work iosubstantially complete. It is agreed that ifthis Work is not Finally completed in accordance with the Contract Documents, the CONTRACTOR shall pay the OWNER aaliquidated damages for delay, and not oepenalty, one-fourth (k8ufthe rate set forth above. E. Contract Phog Lump Sum Contract The Owner will pay the Contractor incurrent funds for the performance of the Work, subject toadditions and deductions bwChange Order, the Total Contract Lump Sum Price of. Ninety Eight Dollars . Payments will bomade tothe Contractor based onthe Schedule ofValues included ooapart ofhis Bid, which shall bean fully a part of the Contract as if attached or repeated heroin' and subject to completion ofthe Work, inaccordance with the Contract Documents. F City of Sanford Tax Recovery The CONTRACTORshall cooperate with the CITY in the implementation of the C|TY's tax recovery program and, tothat end, the CITY may make purchases directly under its purchase order processes relative to various materials, supplies and equipment that may be part of the services provided under this Agreement. The CONTRACTOR hereby recognizes the right of the CITY to engage in tax recovery/savings through direct purchases. G. Payments The Owner will make payments as provided in the General Conditions and Supplementary Conditions. H. Retainage In accordance with the provisions of the State of Florida Local Government Prompt Payment Act, the value ofeach application for payment shall beequal to the total value ofthe Work performed hodate, less on amount retained, and keom payments previously made and amounts withheld in accordance with the General Conditions and Supplementary Conditions. Retainage for this Project is 10%, to Fire Training Building - Pr Engineered AGREEMENT 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 CPN, Inc., referred to in the documents as the Engineer. Additional Terms and Conditions 1 The CONTRACTOR hereby warrants and represents to the CITY that it is competent and otherwise able to provide professional and high quality goods and/or services to the CITY by means of employees who are neat in appearance and of polite demeanor. 2. All submissions submitted by the CONTRACTOR in the proposals/bid submitted to the CITY are hereby incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein. The CONTRACTOR acknowledges that the CITY may retain other goods and/or service providers to provide the same goods and/or services for CITY projects. The CONTRACTOR acknowledges that the CITY, at the CITY's option, may request proposals from the CONTRACTOR and the other goods and/or service providers for CITY projects. The CITY reserves the right to select which goods and/or services provider shall provide goods and/or services for the CITY's projects. 4. The CONTRACTOR agrees to provide and ensure coordination between goods/services providers. 5. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) executing this Agreement for the CONTRACTOR certify that he/she/they is/are authorized to bind the CONTRACTOR fully to the terms of this Agreement. 6. The CONTRACTOR hereby guarantees the CITY that all materials, supplies, services and equipment as listed on a Purchase Order meet the requirements, specifications and standards as provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 7. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting the CONTRACTOR Fire Training Building - Pre Engineered AGREEMENT 00520-4 (including, but not limited to, its nffinera, employees, and the agent or employee of the CITY for any purpose, ovinany manner, whatsoever. The CONTRACTOR is to be and shall remain forever oUindependent contractor with respect boall services performed under this Agreement. 8. Persons mnnoknxad by the CONTRACTOR in the provision and performance of the goods and/or services and functions pursuant to this Agreement mhmU have no o|einm to penmion, workers' uornpanooUon, unemployment connpenoation, civil service or other employee rights or privileges granted to the C|TY's offinmre and employees either by operation oflaw orbythe CITY. 0. Noclaim for goods and/or services furnished by the CONTRACTOR md specifically provided for herein shall be honored by the CITY. 10. Execution ofthis Agreement bvthe CONTRACTOR is a representation that the CONTRACTOR iofamiliar with the goods and/or $enivaa to be provided and/or performed and with local conditions. The CONTRACTOR shall make noclaim for additional time ormoney based upon its failure to comply with this Agreement. The CONTRACTOR has informed the C|TY, 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 one properly and customarily included within such projects and the requirements of |aVYs` onjinance, ru|ee, regulations or orders of any public authority or licensing entity having jurisdiction over the CITY's Projects. 11. Quality, Professional Standards, and Security Requirements o. Under this paragraph 11, the term "CONTRACTOR'S employees" ahoU include CONTRACTOR'S mgento, employees and SUBCONTRACTORS extending ioSUBCONTRACTORS agents and employees. b. The CONTRACTOR uho| be responsible for the professional quality, accepted standards, technical mnouracy, neatness of appearance of erno|oyoms` employee conduct, oofetv, and the coordination ofall services furnished bythe CONTRACTOR under any Agreement resulting from this solicitation. The City reserves the right to require all CONTRACTOR emp|oyeen, when on City property orWork sites, to wear identification badges at all times which, at a nminlrUWrM, provides the name of the employee and the CONTRACTOR. C. The CITY n*menxea the right to require the CONTRACTOR to provide to the CITY m list of employees mmddng on the Also. the list nhoU include employee working dsys, times and Fire Training Bui|dimg-PeEmginnepvd AGREEMENT 0062W -G assignments within (40 hours of the CITY's written request for such information. This information will be naviewed, screened and verified by the C|TY, prior to the employees of the CONTRACTOR entering the C|TY'spremises and/or work sites. d. The CONTRACTOR shall comply with Section 00525 concerning criminal background check requirements ofthe employees ofthe Contractor and Subcontractors. a. In the event employees of the Contractor and Subcontractor do not qualify toWork onthe Project due to AJFailure tohave the required criminal background check reports submitted tothe City by the FDLE; or B\ Unsatisfactory background check *apodm on employees; then those employees will bedisqualified bythe City, and those disqualified employees will not be allowed to Work on the Project. Disqualification ofemployees toWork onthe Project is a non -excusable delay tothe Contract for which the City will not grant Contract Time extension. the CITY may request and the CONTRACTOR shad provide the nnme, address and social security number and licenses (jhvgr's, commercial drivers license or CDL or other operator's license) for employees of the CONTRACTOR and/or SUBCONTRACTORS that may work on the C|TY'm premises in positions found by the City to be critical to the security and/or public safety of the QTY by reason of ancaoo to any publicly owned oroperated facility. The CONTRACTOR shall release such information upon approval of the affected employees. If an employee refuses to authorize the na|emma of their oddnaou, social security number and/or licenses they shall not boallowed howork orcontinue towork insuch critical positions, e The CONTRACTOR shall work closely with the CITY on all aspects of the provision of the goods end/or services. With respect to services, the CONTRACTOR shall be responsible for the professional quality, technical accVrocy, competence, nnathodo|oOy, accuracy and the coordination of all of the following which are listed for illustration purposes and not as o limitation: documento, ane|yaia, rapods, data, p\ans, p|ata, maps, aun*ys, specifioadiona, and any and all other services ofwhatever type or neduna furnished by the CONTRACTOR under this Agreement. The CONTRACTOR ehaU, without additional uompenootion, correct or revise any onnra or deficiencies in his/her/its p|ans, ana|ysis, data, napods, deaigns, dnsxings, specifications, and any and all other aen/imas of whatever type or nature. The CONTRACTOR'm submissions in response tuthe subject bid or procurement processes are incorporated herein by this nahenonma thereto. Fire Training Building - Pre Engineered AGREEMENT 12. Neither the QTY'areview, approval or acceptance of, nor payment for, any of the goods and/or menviomm required mhoU be construed to operate as awaiver ofany rights under this Agreement orofany cause ofaction arising out ofthe performance ofthis Agreement and the CONTRACTOR oheU be and remain liable tothe CITY in accordance with applicable |ovv for all damages to the QTY 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 ofthe CITY, provided for under this Agreement, are in addition toany other rights and remedies provided by law. 14. Time is of the essence in the performance of GU goods and/or services provided bythe CONTRACTOR under the terms ofthis Agreement. 15. |nvoices, which are in an acceptable form to the CITY and without disputable iterDs, which are received by the C|TY, will be processed for payment within thirty (30) days ofreceipt bythe CITY. 18. The CONTRACTOR will be notified of any disputable ibamne contained in invoices submitted by the CONTRACTOR within fifteen (15) days of receipt bvthe CITY with anexplanation ofthe deficiencies. 17. The CITY and the CONTRACTOR will make every effort to resolve all disputable items contained |nthe C(]NTRACTQR'm invoices. 18. Each invoice $ho|> reference this Agnaernmnt, 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 |nmninvoice. 20. Invoices are to be forwarded directly the City's designated CB representative, asidenUfedG|the preconsbootipnmeeting, for review and processing. 21. CITY designates the City Manager or his/her designated nepnaoentetve, to represent the CITY in all nnottooa pertaining to and arising from the Work and the performance ofthis Agreement. 22. The City Manager, orhis/her designated representative, ohgU have the following responsibilities: a. Examination of all Work and rendering, in xvjtino, decisions indicating the CiTY'a approval or disapproval within o reasonable time n000not tomaterially delay the Work ofthe CONTRACTOR; b. Transmission of inotrunUone, receipt of infonnabon, and interpretation and definition ofC|TY's policies and decisions with FirwTminingBuUding—PraEngineered AGREEMENT respect to design, materials, and other matters pertinent to the Work covered bythis Agreement; C. Giving prompt written notice bzthe CONTRACTOR whenever the CITY offioim( representative knows of a defect or change necessary |nthe Project; ond d. Coordinating and managing the CONTFACTDR'a preparation of any necessary applications bogovernmental bodies, toarrange for submission ofsuch applications. 23 Until further notice from the City Manager the designated representative for this Agreement is-. Shirley Brinson, Fiscal Technician Fire Department 13O3William Clark Avenue Sanford, Florida 32771 24. CITY may terminate this Agreement for convenience at any time mfor any one (1)ormore ofthe reasons oefollows: o. If, in the CITY's opinion,adequate progress isnot being made by the CONTRACTOR due to the CONTRACTOR 's failure to perform; or b. If, in the C|TY'a opinion. the quality ofthe goods and/or services provided by the CONTRACTOR is/are not in conformance with commonly accepted professional standarda, standards of the C\TY, and the requirements of Federal and/or State regulatory aQencjem, and the CONTRACTOR has not corrected such deficiencies in atimely manner am reasonably determined by the CITY; or C. The CONTRACTOR, or any employee or agent of the CONTFQ\CTOF|, is indicted or has o direct charge issued against him for any crime arising out ofo,in conjunction with any Work that has been performed bythe CONTRACTOR; or d. The CONTRACTOR becomes involved in either voluntary or involuntary bankruptcy proceedings, or nOghen an assignment for the benefit ofcreditors; or a. The CONTRACTOR violates the Standards ofConduct provisions herein or any provision of Federal, State or local |mvv or any provision wfthe C|TY's Code ofConduct. 25. In the event of any of the causes of termination, the C|TY's designated representative may send a certified letter to the CONTRACTOR requesting that the CONTRACTOR show cause why the Agreement should not be terminated. If assurance satisfactory to the CITY of corrective measures tobe made within o reasonable time is not given to the CITY within seven (7)calendar days ofthe date ofthe letter, the CITY may consider the CONTRACTOR to be in dcfault, and may then immediately terminate this Agreement. FhreTraininGBaUding-PreEnginmered 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. 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. Fire Training Building — Pre Engineered AGREEMENT 00620-9 34. The performance or provision of the goods and/or services under this Agreement may be suspended by the CITY atony 35. In the event the CITY suspends the performance or provision of the CONTRACTOR services hereunder, the COY shall so notify the CONTRACTOR in xvriUng, such suspension becoming efheoUxa 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 toand payable tothe CONTRACTOR tothe effective date of such suspension. The CITY shall thereafter have nofurther obligation for payment to the CONTRACTOR for the suspended provision of goods and/or services unless and until the C|TY's designated representative notifies the CONTRACTOR in writing that the provision of the goods and/or oan/icea of the CONTRACTOR called for hereunder are to be resumed bvthe CONTRACTOR. 36. Upon receipt of written notice from the CITY that the CQNTRACTUR's provision of goods and/or services hereunder are to be roaunnad. the CONTRACTOR shall continue toprovide the services tothe 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, co|or, naUgimn, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without na8avd to raoe, oolor, ns||gion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: emp|oyment, upQmodinQ, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or their forms or compensation; and selection for tnaining, including apprenticeship. The CONTRACTOR, rnoneower, shall comply with all the requirements as imposed by the Americans with Disability /\ct, the nagu|obono of the Federal government issued thensunder, and any and all requirements of Federal or State law related thereto. 38. Indemnity and Insurance a. Tothe fullest extent permitted by law, the CONTRACTOR mhoU indenonifv, hold harnlk*ao and defend the CO`Y, its ogento, eervants, officers, officials and employees, or any of them, from and against any and all o|oimo. damages, |omeem, and expenses including, but not limited to, attorney's fees and other |eQo| costs such as those for pgna|agm|, 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 AonaennenL provided that same is caused in whole or in pert by the enror, omioa\on, negligent aot, failure to aut, breach of contract obHgabon, nlaUeasance, officena, officials, employees, or FireTrainingBuUding-Pre Engineered AGREEMENT oubCONTRACTORa. 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 ¢[ liable bJthe other for any incidental, consequential, orindirect damages, whether arising bvcontract ortort. b. In accordance with Section 725.06Florida Staiutas, adequate consideration has been provided to the CONTRACTOR for this ob|igoMon, 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 sed forth in Section 768.28, Florida Statutes. d. In ulahna against any person or entity, indemnification under this Section by an employee of the CONTRACTOR or its agents or subC{]NTRACT[]Rs, anyone directly or indirectly employed by them or anyone for whose mdo they may be |iobie, the indemnification obligation under this Section shall not belimited bv o limitation on amount or type of darnages, oornpanoetion, or benefits payable by orfor the CONTRACTOR or its agents or subC(}NTRACT(}Ra. under Workers Compensation acto, disability benefits acts, or other employee benefit acts. e. The execution qfthis Agreement bvthe CONTRACTOR shall obligate the CONTRACTOR to comply with the indemnification provision of this Agreement; provded, hovvever, that the CONTRACTOR must also comply with the provisions of this Agreement relating toinsurance coverage. The CONTRACTOR shall submit o report tothe CITY within twenty-four (24) hours of the date of any incident resulting in damage or which is reasonably likely to result in o claim of damage. 39. The CONTRACTOR shall obtain orpossess 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 ¢fInsurance hmthe CITY evidencing that all such insurance is in effect prior to the issuance of the first Purchase/Work Order under this Agreement from the CITY. These Certificates of Insurance shall become part of this Agreement. Neither approval bythe CITY nor failure todisapprove the insurance furnished bw m CONTRACTOR shall naUeVe the CONTRACTOR of the FheTrainingQmUding-Pre Engineered AGREEMENT COfull responsibility for performance of any obligation including the CDNTRACTDR's indemnification of the CITY under this Agreement. If, during the period VVhkb an insurance company is providing the insurance coverage required by this AQreernent, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with 8acUnn 440.57. Florida Oh*butea. or /3> fail to maintain the requisite Bests Rating and Financial Size Category, the CONTRACTOR ohg|[ as soon as the CONTRACTOR has knowledge of any such nircunnetonco, immediately notify the CITY and immediately replace the insurance coverage provided by the insurance company with e 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 tobaindefault ofthis Agreement. 42. The insurance coverage shall contain a provision that requires that prior toany changes inthe coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the CITY by submission of new Certificate ofInsurance. 43. The CONTRACTOR ohmU furnish Certificates of Insurance directly to the CITY's Designated Representative. The certificates shall clearly indicate that the CONTRACTOR has obtained insurance of the b/pe, amount and classification required bvthis Agreement. 44. Nothing in this Agreement orany action relating b»this Agreement shall be construed as the CAY`e waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 45. The QTY 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. 40. The CONTRACTOR is an independent contractor and not an agent, representative, oremployee ofthe CITY. The CITY shall have nmliability except as specifically provided imthis Agreement. 47. All insurance shall be primary to, and not contribute with, any insurance orself-insurance maintained by the CITY. 48. The CONTRACTOR warrants that it hos not employed or retained any company or panson, other than o bona fide employee working solely for the CONTRACTOR, to solicit or aacuva this Agreement and that the CONTRACTOR has not paid or agreed to pay any penoon, oomnpony, oorporation, individual or firm other than a bona fide employee working solely for the CONTRACTOR, any fae, oomrn|soion, pen:entoge, gUt, or any other consideration, contingent upon or resulting from the avvond of making this Agreement. Fire Training Bwlding-Pre Engineered AGREEMENT 49. The CONTRACTOR shall not discriminate on the grounds of race, color, religion, aax, or national origin in the performance of Work under this Agreement orviolate any laws pertaining to civil rights, equal protection or discrimination. 50. The CONTRACTOR hereby certifies that no undisclosed 8n conflict ofinterest exists with respect to the Agrmennerd, including, but not limited to, any conflicts that may bedue hmrepresentation of other clients, customers or vendeen, other contractual relationships of the CONTRACT[)R, 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 Aoneonnerd 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 mhm| ensure that all taxes due from the CONTRACTOR are paid in atimely and complete manner including, but not limited to, occupational license tax. 52. If the CITY dsdenninoa that any employee or representative of the C{]NTHA[T[}Fl is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct pursuant to any assignment orWork performed under this Agreement, the CITY shall so notify the CONTR8[TOR, in writing. The CONTRACTOR ahoU 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 tothe media without prior approval of the CITY. 54. The CONTRACTOR mhoU oertif/, upon request by the C[TY, that the CONTRACTOR maintains a drug free xvorko|omo mohuv in accordance with Section 287.0878. Florida Sbnb/bya. Fmduna to submit this certification may result intermination. 55. Ifthe CONTRACTOR oranaffiliate k»placed onthe convicted vendor list following a conviction for a public entity crime, such action may result in termination bythe CITY, The CONTRACTOR shall provide mcertificoUon of compliance regarding the public crime requirements set forth in State law upon request bythe CITY. 56. The CITY reserves the righttounilaterally terminate this Agreement if the CONTRACTOR refuses to allow public access to all documents, papers, |ed±ewa, or other materials subject to provisions of {J/oob»r YY@, Florida Stabytea, and other applicable |avv, and made or received by the CONTRACTOR inconjunction, \nenyvvoy.xviththio&Dnearnent. Fire Traininggmihding-PreEngineeved AGREEMENT M0$20-13 57. The CONTRACTOR shall comply with the requirements ofthe Americans with Disabilities Act (ADA), and any and all related Federal or Gtnha |ovva which prohibits discrimination bvpublic and private entities onthe basis of disability. 58. The CITY will not intentionally ovvord publicly -funded contracts to any contractor who knowingly mmnp|uym unouthnhzed alien xvorhera, constituting a violation of the employment provisions contained in 8 U.B.C. Section 1324a(e) SauUnn 274A(e) of the Immigration and Nationally Act (INA). The CITY ahoU consider the employment by the CONTRACTOR of unauthorized aUmnw, a violation of Section 274A(e) of the /8A. Such violation by the CONTRACTOR of the employment provisions contained in Section 274A(e) of the 0\A shall be grounds for immediate termination ofthis Agreement bvthe CITY. 59. The CONTRACTOR agrees to comply with Fadaro. Gtote, and local environmental, hemlth, and safety laws and regulations applicable tothe goods and/or services provided tothe CITY. The CONTRACTOR agrees that any program or initiative involving the Work that could adversely affect any personnel involved, ciUzono, neoidentu, uoanu, 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 man/icaa are provided to the QTY after the CONTRACTOR has obtained, at its sole and exclusive axpmnse, any and all permits, licenses, permissions, approvals orsimilar consents. 61. If applicable, in accordance with Section 218.347, Florida S/ab/haa. the CONTRACTOR shall not use funds provided by this Agreement for the purpose oflobbying the Legislature, the judicial branch orState agency. 82. The CONTRACTOR oho|| advise the CITY in writing ufitwho has been p|oomd on a discriminatory vendor list, may not submit a bid on a contract to provide goods or oen/icma to o public entib/, or may not boneau± business with any public entity. 83. The CONTRACTOR shall not engage in any action that would create o 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 Aonggrnent or which would violate or cause others to violate the provisions of Pad !||. Chapter 112, Florida 3bab/bes' relating hoethics in 0omanmnnont. 64. The CONTRACTOR shall maintain books, recorda, dncunlents, 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 a000ndonma with generally accepted accounting principles. Fire TminingBuUdnQ—PreEnQineemd AGREEMENT 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. 72. Any CONTRACTOR proposed subcontractors shall be submitted to the CITY for written approval prior to the CONTRACTOR entering into a Fire Training Building - Pre Engineered AGREEMENT 00520-15 subcontract. Subcontractor information shall include, but not balimited to. State naQiatnnUons, 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 ofany CITY approved auboontnactonn, and remain fully responsible for such goods and/or services and Work under the terms mfthis Agreement. 74. Any subcontract shall be in writing and shall incorporate this Agreement and require the subcontractor to assume performance of the CONTRACTOR'a duties commensurately with the C{}NTRACTOF1's duties bmthe CITY under this Agreement, itbeing understood that nothing herein shall |nany way relieve the CONTRACTOR from any ofits duties under this Agreement. The CONTRACTOR shall provide the CITY with executed copies ofall subcontracts. 75. The CONTRACTOR shall reasonably cooperate atall times with the CITY and other CITY contractors and professionals. 76. This Agreement istobegoverned by the laws ufthe State ofFlorida. 77. Venue for any legal proceeding related hathis Agreement shall beinthe Eighteenth Judicial Circuit Court inand 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 hothe preparationofthe Contract. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party than against any other party. 79. Neither party mhmU be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, orany ofthem, imdelayed orprevented bvForce Majeure. Force Majeure shall include, but not be limited to, honbUh/, ternlhsmn, revo|uhon, civil commotion, strike, epiderDic. UPe, flood, w|nd, eahhqu$ka, 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 nsduve, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault ornegligence 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 vxhtheM or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained hmnain, including without limitation the exhibits hereto, constitute the full and complete agreement between the pedjea hereto to the dote henaof, and supersedes and controls over any and all prior agreements, Fire Training BuUdinQ-PreEngineered AGREEMENT 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, orwaivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed bythe 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 ocduo| knmw|edge, in}phed, verbal mrconstructive noUms. lack of prejudice orany other grounds oaesubstitute for the failure ufthe 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 ofthe 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 phvikaoa granted to the CITY hereunder oheU not constitute or be construed as e waiver of any such provision o/ right and the same shall continue inforce. 85. In no event shall any obligation of the CITY under this Agreement be or constitute aganero| obligation or indebtedness of the C[TY, e pledge of the ad valorem taxing power of the CITY or m general obligation or indebtedness of the CITY within the meaning of the Constitution of the State ofFlorida or any other applicable |avvm, but shall be payable solely from legally available revenues and funds. 86. The CONTRACTOR shall not have the rightto compel the exercise ofthe odvalorem taxing power ofthe CITY. 07. Each exhibit referred to and attached hothis Agreement is on essential port of this Agreement. The exhibits and any amendments or revisions thereb), even if not physically attached hoeto, ahoU be treated as if they are part Vfthis Agreement. 88. The Section headings and captions of this Agreement are for convenience and reference only and innoway dafine.limit, describe the scope orintent ofthis Agreement cnany part thereof, orinany way affect this Agreement orconstrue any provision ofthis Agreement. 88. Ifany term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceob|e, the remainder of this Agreement, or the application of such term, provision or condition to Fire Training BuOaing—Pre Engineered AGREEMENT 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. K. Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests. In order to comply with Section 119.0701, Florida Statutes, public records laws, the CONTRACTOR must: Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the service. 2. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Fire Training Building - Pre Engineered AGREEMENT 00620-18 4. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. If the CONTRACTOR does not comply with a public records request, the CITY shall enforce the contract provisions in accordance with this Agreement. 6. Failure by the CONTRACTOR to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY. the CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY with a copy of the CONTRACTOR's response to each such request. 7. The CONTRACTOR shall note the following: IF THE CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, HOUCHINT@SANFORDFL.GOV. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. _ C (�.� ilt irRU11. r✓1 �ft C�1 C`CI CONTRACTOR: Name 1 z. 6 -,I,C) 20 By( Igoture) Date (SEAL.) Printed Name and Title ATTEST: Fire Training Building — Pre Engineered AGREEMENT 00520-19 By,(8ignpiure) Date W11'((J I -rrco r 1(u J N't kv Printed Name and Title Printed Name and Title ATTEST: &fta c� a�� t By (Signature) Date Traci Houchin, City Clerk Printed Name and Title 3 /" 7"--1' 61 END OF SECTION (SEAL) J�, Fire Training Building — Pre Engineered AGREEMENT 00520-20 By,,(8ignpfure) Date i Ifu J Printed Name and Title Name of By (Signat Y /// ate W4 Printed Name and Title ATTEST: By (Signature) Date Traci Houchin, City Clerk Printed Name and Title END OF SECTION If , Fire Training Building — Pre Engineered AGREEMENT 00520-20 tz) CITY OF WS— RM_X NANFORD FLORIDA Item NJ G CITY COMMISSION MEMORANDUM 20-1 SEPTEMBER 28, 2020 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Craig M. Radzak, Fire Chief SUBMITTED BY: Norton N. Bonaparte, Jr., City Manz191, e r SUBJECT: Approve Budget Amendment Resolution 2905 and Procurement of Services from Mark Construction Co any; Station 32 Training Building and Pavilion Project STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture Update Regulatory Framework Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Approval of Resolution No. 2905, amending the budget for additional funds for the procurement of services necessary to complete the Station 32 Training Building and Pavilion project. FiscAL/STAFFING STATEMENT: Additional funds are requested to fund the cost of the Station 32 Training Building and Pavilion not to exceed the amount of $67,087 and will be funded from the Fire Impact Funds. BACKGROUND: The Fire Department was approved capital funds in the amount of $73,000 for Station 32 Training Building and Pavilion in FY 15/16. The Department issued PO 36693 to CPH, Inc. in the amount of $10,589 for design and post design services for Station 32 Training Building and Pavilion. The City engaged in IFB 19/20-74, which resulted with the lowest bid being awarded to Mark Construction Company in the amount of $129,498. The procurement of the necessary services will be accomplished in accordance with the City's Purchasing Policies and Procedures. LEGAL REVIEW: The City Attorney has reviewed the subject Resolution and has no legal objection with the Resolution or with regard to the procurement matter as implemented in accordance with the City's Purchasing Policies and Procedures. RECOMMENDATION: City staff recommends that the City Commission approve Resolution No. 2905 providing for a budget amendment and also approve the procurement activity Mark Construction Company for the Station 32 Training Building and Pavilion project. SUGGESTED MOTION: '41 move to approve Resolution No. 2905 and the procurement of services from Mark Construction Company." Attachment: Budget Amendment Resolution No. 2905. A Resolution of the City of Sanford, Florida, amending the City's annual operating budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability and providing for an effective date. Whereas, the Commission of the City of Sanford, Florida has adopted an annual operating budget for the fiscal year beginning October 1, 2019 and terminating on September 30, 2020 specifying certain projected revenues and expenditures for the operations of Sanford municipal government; and Whereas, the City's budget presumes that each department generally will, to the best of their ability, maintain its expenditures within its allocated budgeted level and exercise prudence in expending funds during the course of the City's fiscal year; and Whereas, from time -to -time circumstances and events may require that the original City budget may need revision; and Whereas, the City Commission, in its judgment and discretion, has the authority to adjust the budget to more closely coincide with actual and expected events. Now, therefore, be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Adoption of Budget Amendment. The annual operating budget of the City of Sanford for the fiscal year beginning October 1, 2019 and terminating on September 30, 2020 is hereby revised and amended by Attachment "A". The Attachment is hereby incorporated into this Resolution as if fully set forth herein verbatim. Except as amended herein, the annual operating budget for the City of Sanford for fiscal year beginning October 1, 2019 and terminating on September 30, 2020 shall remain in full force and effect. Section 2. Implementing administrative actions. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed necessary and appropriate. Section 3. Savings. The prior actions of the City of Sanford relating to the adoption of the City budget and related activities are hereby ratified and affirmed. Section 4. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Effective Date. This Resolution shall become effective immediately upon enactment. 21 - Passed and adopted this 28th day of September 2020. Attest &16 6141 IAWt FNIA Traci Houchin, MMC, FCRM City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. ra, ril William L. Colbert, City Attorney City Commission of the City Sanford A/rt Wo ru ,Mayo O ,. M REQUEST FOR BUDGET AMENDMENT Fiscal Year 2020 TOTAL CHANGES IN REVENUES $ 67,087 CHANGES IN EXPENDITURES pVoiv Activity Dbj CIO fltoj(,ct# VudqtA 133 3001 522 62 00 ST32 Buildings S 173,377 S (15,390) $ 67,087 $ 51,697 TOTAL CHANGES IN EXPENDITURES $ 67,087 REASON FOR AMENDMENT: Fire Station 32 Trainina Buddino and I DIRECTOR APPROVAL: FINANCE APPROVAL: aO CITY COMMISSION AGENDA DATE- 8-6 Entry Date: Batch Number: 912212020 DATE: DATE* 09/22/2020 APPROVED? Document #: