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 #: