RFP_24_25_03_Addedum_1.pdf
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- Attached to
- Brownfield Remediation for Fulton St. Complex
- Solicitation number
- RFP 24/25-03
- Issued by
- Seminole County, Florida
About this file
This addendum (Addendum #1) is issued by the City of Sanford's Finance Department Purchasing Division for RFP 24/25-03 for Brownfield Remediation at the Fulton St. Complex. The project involves clearing and grubbing the site, preparing a final site remediation and cleanup plan, removing and properly disposing of contaminated soils in accordance with the cleanup plan, and grading the site to a pad-ready state. The solicitation response is due on Tuesday, May 13, 2025, at 2:00 P.M. Local Time, which represents an extension from the original date. The addendum clarifies that the RFP is limited to addressing only the remediation excavation area, with the balance of site work to be completed under a separate contract.
The addendum introduces EPA-mandated bonding requirements, specifically a Bid Bond, a Performance Bond for 100% of the contract price, and a Payment Bond for 100% of the contract price. The City's consultant is working on revisions to the bid documents to address various questions raised during the bidding process. Notably, the excavation area will be based on Figure 3 of the SCS Engineers report, which is considered the most accurate depiction of the brownfield area to be excavated. The addendum also indicates that no groundwater removal is anticipated during the excavation of contaminated soil, and provides a sample contract template and insurance requirements for potential bidders.
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City of Sanford | Finance Department | Purchasing Division 300 N. Park Avenue Suite 236, Sanford, Florida 32771
Phone: 407-688-5028 or 5030 | Fax: 407-688-5021 | Email: purchasing@sanfordfl.gov ADDENDUM
#1 RFP 24/25-03 BROWNFIELD REMEDITATION FOR
FULTON ST COMPLEX
DATE: April 28, 2025
TO: All Bidders/Proposers
FROM: Frank Mascola Purchasing Coordinator City of Sanford Purchasing Division
SUBJECT: RFP 24/25-03 BROWNFIELD REMEDIATION FOR FULTON ST COMPLEX|
ADDENDUM #1
This addendum is issued to provide additional information, clarification, corrections, additions, deletions and/or answers to questions concerning the above referenced solicitation. All information provided in this addendum is incorporated into the solicitation document as set forth therein. All other parts of the solicitation have been maintained as originally distributed. This addendum supersedes any verbal and/or other instructions given to any bidder/proposer qualified to respond pursuant to the requirements set forth in the solicitation document.
I. DUE DATE
This Addendum does change the solicitation due date. As such, the solicitation response is due no later than Tuesday, May 13, 2025, at 2:00 P.M. Local Time.
II. QUESTIONS AND ANSWERS (Q&A)
The City has received the following question(s) concerning the solicitation:
Q1. Good morning, do you anticipate answering questions as they are submitted, or will all questions be answered as one time after the question deadline? Also, can you please confirm the deadline for submitting questions is April 22, 2025, at 2:00 PM? Thanks
A1. We will answer as time allows during normal office hours. Note that the city is on a 4-day work week, Monday-Thursday, with limited staffing on Fridays.
Q2. Can you please clarify the scope of work for this RFP? On page 01110-1 it states, "The Project consists of the clearing and grubbing of the site, preparation of a final site remediation and cleanup plan, removal and proper disposal of contaminated soils in accordance with the final cleanup and remediation plan, and grading of the site to leave in a pad ready state in accordance with the “Construction Plans for the City of Sanford Rosmond Property” dated October 13, 2023. Contractor shall be responsible for managing all EPA requirements for monitoring, reporting, and close-out process." However, those plans also include a lot of work that was not discussed at the site visit on April 10th such as filling the 31,0003 SF wetland conservation area, installing PVC sewer line, construction of a pond, removal of the existing partially buried concrete slab.
A2. The RFP shall be limited to only address the remediation excavation area. The balance of the site work and grading will be done under a different contract. The RFP will require the remediation area to be brought back to grade consistent with the Construction Plans after excavation. The wetlands and balance of the site (pond area, existing slab etc.) shall remain is it's current condition.
mailto:purchasing@sanfordfl.gov
Phone: 407-688-5028 or 5030 | Fax: 407-688-5021 | Email: purchasing@sanfordfl.gov ADDENDUM
#1 RFP 24/25-03 BROWNFIELD REMEDITATION FOR
FULTON ST COMPLEX
Q3. The excavation area shown on Figure C1.0 Tree Removal Demolition & Erosion Control Plan (which was also shown/referenced during the site visit) doesn’t match the excavation areas shown on page 384 of the PDF (Figure 3 - Proposed Source Removal). Please confirm that the excavation area for this RFP is the area depicted on C1.0. Thanks!
A3. Figure 3 of the SCS Engineers report is the latest, most accurate depiction of the brownfield and would represent the area to be excavated. Figure C-1 of the site plan is from an earlier (2019) assessment of the location by WCPG.
Q4. At the site visit, it was mentioned that there was no bond requirement for this job, however, there is a Bid
Bond From in the RFP (00420-1, 00420-2) and it is mentioned in the Notice of Award Form. There is also a Performance Bond Form (00605-1 through 00605-04) and Payment Bond form (00610-1 through 00610- 3). Can you please confirm which bond, if any will be required? Thanks!
A4. Upon review of the EPA conditions, we found that 2 CFR 200.326 requires a Bid Bond, a Performance
Bond for 100% of the contract price and a payment bond for 100% of the contract price.
Q5. Thanks for your very prompt responses. Since there is a bonding requirement, can you provide a draft contract with the defined scope of work for only the work to be addressed in this RFP? Our bonding company will ask us for this information.
A5. We are working on revisions to the Bid Documents to address several items. We should have them posted by Thursday afternoon.
Q6. Here are several questions - please let us know if they need to be submitted individually.
A6. Please add these as individual questions for clarity in responses. Several of these will addressed in the revised Bid Docs.
Q7. Do you anticipate removal of groundwater during excavation of contaminated soil? If yes, how do you want contractor to handle encountered groundwater? Which line item includes removal, storage, transportation, and disposal of groundwater?
A7. No.
Q8. Since revisions to the bid document are going to be posted later this week, can the deadline for questions be extended in case there are questions related to the revised documents which will not be posted until after the current question deadline?
A8. Yes - The City's consultant is working on revised bid documents to address current questions time will be provided for any additional questions after the updated documents are made available.
Q9. We would like to respectfully ask, can a one- or two-week extension to the bid due date could be granted?
A10. Yes. An extension to May 13th has been added.
Phone: 407-688-5028 or 5030 | Fax: 407-688-5021 | Email: purchasing@sanfordfl.gov ADDENDUM
#1 RFP 24/25-03 BROWNFIELD REMEDITATION FOR
FULTON ST COMPLEX
III. CHANGES, ADDITIONS AND/OR CLARIFICATIONS
EPA requires P & P bonds for this project.
IV. SIGN-IN SHEET
N/A
V. ATTACHMENTS
1. EPA Bonding Requirement
2. Bond Forms Payment Section 00605, Performance Section 00610
3. City -Sample Contract
Respondents must acknowledge receipt of this Addendum by signing this form below and returning it to the Procurement Division prior to the hour and date specified for receipt of bids/proposals or by including this Addendum with your submittal. Failure to comply may result in disqualification of your response.
Acknowledgment is hereby made of Addendum #1 to RFP 24/25-03 Brownfield Remediation for Fulton St.
Complex
Name of Firm/Company Contact Email
Street Address City, State, Zip Code
Telephone Number Fax Number
Authorized Person Printed Name Authorized Person Title
Authorized Person Signature Date of Signature
SECTION 00605
PROCUREMENT PERFORMANCE BOND
(100% of Contract Price)
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KNOW ALL MEN BY THESE PRESENTS, that we, _____________________________________________________________________, as Principal/Contractor,and____________________________________________________, as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, as a municipal corporation of the State of Florida, as Obligee/City, in the sum of (Written Dollar Amount) dollars ($_______________________________) lawful money of the United States of American, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents.
WHEREAS, Contractor has by written agreement dated _____________, 20___, entered into a Contract with the City of Sanford in accordance with a bid (whether a proposal, response or other submission, by whatever name or of whatever nature) issued by the City for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the procurement documents which relative to the City’s purchasing or procurement solicitation entitled
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract as obligated to do so for the City and in accordance with all terms and conditions of the Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.
THE SURETY HEREBY WAIVES notice of any alteration or extension of time made by the City.
WHENEVER CONTRACTOR SHALL BE AND DECLARED by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default or shall promptly:
(1). Complete the Contract in accordance with its terms and conditions to include, but not be limited to, the time of performance which is of the essence; or
(2). Expeditiously obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or if the City elects, upon determination by the City and the Surety jointly of the most responsible bidder, arrange for a Contract between such bidder and the City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall be paid to the Contractor under the contract and any amendments thereto, less the amount properly paid by the City to the Contractor.
NO RIGHT OF ACTION SHALL ACCRUE on this bond to or for the use of any person or
SECTION 00605
PROCUREMENT PERFORMANCE BOND
2 | P a g e corporation other than the City named herein or the heirs, executors, administrators, or successors of the City.
NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the
Principal’s obligations shall be deemed a default. Notices under this bond shall be directed to the City Manager at the City Hall of the City of Sanford. And notices to the Principal and Surety shall be to their mailing addresses as set forth in the records of the Florida Department of State.
THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal at all times until release by the Obligee. In the event of any material change, cancellation, expiration or non-payment of premiums, the Surety shall notify the City by certified mail or registered mail, return receipt requested, at least thirty (30) days prior to the effective date of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond will expire prior to performance of the Principal’s obligations shall be deemed a default.
SIGNED, SEALED AND DATED THIS ___ DAY OF _________________, 20_____.
[Signature lines in a legally binding form.]
ACCEPTED BY:
ATTEST: CITY OF SANFORD:
Traci Houchin, MMC, FCRM Art Woodruff City Clerk Mayor, City of Sanford, Florida Date: __________________
Approved as to form and legality:
William L. Colbert, City Attorney
Note: (1). Write in the dollar amount of the bond, which must the same as the amount bid in the Solicitation.
(2). All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.
(3). Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified.
(4). Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all ventures shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER.
PROCUREMENT PAYMENT BOND
SECTION 00610
KNOW ALL MEN BY THESE PRESENTS, that we, ___________________________________________, as Principal/Contractor, and ____________________________________________, as Surety, are held and firmly bound unto the CITY OF SANFORD, FLORIDA, as a municipal corporation of the State of Florida, as Obligee/City, in the sum of (Written Dollar Amount) dollars ($___________________________________) lawful money of the United States of American, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents.
WHEREAS, Contractor has by written agreement dated __________, 20____, entered into a Contract with the City of Sanford in accordance with a bid (whether a proposal, response or other submission, by whatever name or of whatever nature) issued by the City for the furnishing of all labor, materials, equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the procurement documents which relative to the City’s purchasing or procurement solicitation entitled
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees, incurred by the claimants in suits on this bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect.
HOWEVER, this bond is subject to the following conditions and limitations:
(1). Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Contractor and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in Seminole County, Florida. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract) in which action such claim or claims shall be adjudicated and judgment rendered thereon.
(2). The Principal and Surety hereby designate and appoint_______________________________________________________________ as the agent of each of them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety.
(3). This bond is given pursuant to and in accordance with the controlling provisions of Section 255.05(1) Florida Statutes, and all the provisions of the law referring to this
PROCUREMENT PAYMENT BOND
SECTION 00610
character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full.
NOTICE TO THE OBLIGEE that this Bond will expire prior to performance of the Principal’s obligations shall be deemed a default. Notices under this bond shall be directed to the City Manager at the City Hall of the City of Sanford. And notices to the Principal and Surety shall be to their mailing addresses as set forth in the records of the Florida Department of State.
THIS BOND SHALL BE KEPT IN FULL FORCE AND EFFECT by the Principal at all times until release by the Obligee. In the event of any material change, cancellation, expiration or non-payment of premiums, the Surety shall notify the City by certified mail or registered mail, return receipt requested, at least thirty (30) days prior to the effective date of the change, cancellation, or expiration of this Bond. Notice to the Obligee that this Bond will expire prior to performance of the Principal’s obligations shall be deemed a default.
SIGNED, SEALED AND DATED THIS ___ DAY OF _________________, 20___.
[Signature lines in a legally binding form.]
ACCEPTED BY:
ATTEST: CITY OF SANFORD:
City Clerk Mayor, City of Sanford, Florida Date: __________________
Approved as to form and legality:
William L. Colbert, City Attorney
NOTES: (1). Write in the dollar amount of the bond, which must the same as the amount bid in the Solicitation.
(2). All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act.
(3). Attorneys-in-fact who sign Bid Bonds or Contract Bonds must file with each bond a certified.
(4). Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety.
AGREEMENT BETWEEN THE CITY OF SANFORD AND NAME OF VENDOR;
SOLICITATION NUMBER; GOODS/SERVICES
THIS AGREEMENT (hereinafter the “Agreement”) is made and entered into this
XX day of XXXXX, 20XX, by and between the City of Sanford, Florida, a Florida municipality, (hereinafter referred to as the “City”), whose mailing address is 300 North
Park Avenue, Sanford, Florida 32771, and NAME OF VENDOR, a TYPE OF ENTITY, whose principal address is XXXXX and whose mailing address is XXXXX, (hereinafter referred to as “SHORT NAME OF VENDOR”). The City and XXXXX may be collectively referenced herein as the “parties”.
WITNESSETH:
IN CONSIDERATION of the mutual covenants, promises, and representations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Recitals. The above statements are true and form a material part of this Agreement upon which the parties have relied.
Section 2. Authority. Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it.
The persons executing this Agreement for each party certify that they are authorized to bind the party fully to the terms of this Agreement.
Section 3. Scope of Agreement; Direction of the Provision of Goods and Services.
(a). This Agreement is for the provision of goods and services set forth in the attachments hereto and XXXXX agrees to accomplish the provision of goods and services specified in the attachments for the compensation set forth in those documents relating to the provision of the goods and services relating to TYPE OF
GOODS/SERVICES and for such other related goods and services as may be agreed upon by the parties as set forth in issued work/purchase orders.
(b). It is recognized that XXXXX shall provide goods and services as directed by the City.
(c). The City's contact/project manager for all purposes under this Agreement shall be the following:
Marisol Ordonez Purchasing Manager City of Sanford, Purchasing Division City of Sanford Post Office Box 1788 Sanford, Florida 32772-1788 Phone: 407.688.5028
Section 4. Effective Date and Term of Agreement. This Agreement shall take effect on the date that this Agreement is fully executed by the parties hereto.
This Agreement shall be in effect for a term of 1 year with the opportunity for 4 additional 1-year renewal periods when in the best interest of the City in its sole discretion. However, the total length of this Agreement, including all renewals, shall not exceed 5 years. The decision to renew or extend this Agreement shall be at the discretion of the City. XXXXX shall review the quality and status of the goods and services relating to the provision of the goods and services relating to TYPE OF
GOODS/SERVICES delivered to the City with the City on an annual basis at which time(s) the City may terminate this Agreement is its sole and absolute discretion. In any event, this Agreement shall remain in effect until the goods and services to be provided
3 | P a g e by XXXXX to the City under each work order have been fully provided in accordance with the requirements of the City; provided, however, that, the indemnification provisions and insurance provisions of the standard contractual terms and conditions referenced herein shall not terminate and the protections afforded to the City shall continue in effect subsequent to such goods and services being provided by XXXXX. No goods, services or actions have been provided prior to the execution of this Agreement that would entitle
XXXXX for any compensation therefor.
Section 5. Compensation. The parties agree to compensation as set forth in the attachments hereto as implemented by means of work/purchase orders issued by the City.
Section 6. Standard Contractual Terms and Conditions. All “Standard
Contractual Terms and Conditions”, as provided on the City’s website, apply to this
Agreement. Such Terms and Conditions may be found at the City’s website, which can be reached at: www.SanfordFL.gov. The parties shall also be bound by the purchasing policies and procedures of the City as well as the controlling provisions of Florida law.
Work/purchase orders shall be used, in accordance therewith, in the implementation of this Agreement to the extent deemed necessary by the City in its sole and absolute discretion. XXXXX shall be deemed to have undertaken its obligation to be fully informed of, and understand, all such provisions.
Section 7. XXXXX’s Mandatory Compliance with Chapter 119, Florida Statutes, and Public Records Requests.
(a). In order to comply with Section 119.0701, Florida Statutes, public records laws, XXXXX must:
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(1). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to provide goods or perform services.
(2). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law.
(4). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of XXXXX 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.
(b). If XXXXX does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement.
(c). Failure by XXXXX to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. XXXXX shall promptly provide the City with a copy of any request to inspect or copy public records in possession of XXXXX and shall promptly provide the City with a copy of XXXXX’s response to each such request.
(d). IF THE CONTRACTOR/VENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR’S (VENDOR’S) DUTY TO
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PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012,
TRACI HOUCHIN, MMC, FCRM, CITY CLERK, CITY OF SANFORD,
CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771,
TRACI.HOUCHIN@SANFORDFL.GOV.
Section 8. Time is of the Essence. Time is hereby declared of the essence as to the lawful performance of all duties and obligations set forth in this Agreement.
Section 9. Entire Agreement/Modification. This Agreement, together with all “Standard Contractual Terms and Conditions”, as provided on the City’s website and the attachments hereto (the documents relative to the procurement activity of the
City leading to the award of this Agreement) constitute the entire integrated agreement between the City and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral in connection therewith and all the terms and provisions contained herein constitute the full and complete agreement between the parties hereto to the date hereof. This
Agreement may only be amended, supplemented or modified by a formal written amendment of equal dignity herewith. In the event that XXXXX issues a purchase order, memorandum, letter, or any other instrument addressing the goods or services, work, and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that any such purchase order, memorandum, letter, or other instrument shall have no effect on this Agreement unless agreed to by the City, specifically and in writing in a document of equal dignity herewith, and any and all terms, provisions, and conditions contained therein, whether printed or written or referenced on a Web site or otherwise, shall in no way modify the covenants, terms, and provisions of this Agreement and shall have no force or effect thereon.
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Section 10. Severability. If any term, provision or condition contained in this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest.
Section 11. Waiver. The failure of the City to insist in any instance upon the strict performance of any provision of this Agreement, or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force.
Section 12. Captions. The section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement.
Section 13. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document.
Section 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the successors in interest, transferees and assigns of the parties.
Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The signatories hereof represent that
7 | P a g e they have the requisite and legal authority to execute this Agreement and bind the respective parties herein.
Section 15. Remedies. The rights and remedies of the parties, provided for under this Agreement, are in addition to any other rights and remedies provided by law or otherwise necessary in the public interest.
Section 16. Governing law, Venue and Interpretation. This Agreement is to be governed by the laws of the State of Florida. Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court in and for
Seminole County, Florida. This Agreement is the result of bona fide arms length negotiations between the City and XXXXX, and all parties have contributed substantially and materially to the preparation of the Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly against any one party. than against any other party and all provisions shall be applied to fulfill the public interest.
Section 17. Conditions of Grants or Funding; ARPA Contingency. XXXXX shall afford most favored customer/nation pricing to the City and, to the extent necessary for the City to comply with controlling law or the conditions of grants or funding from other governmental agencies or entities, agree to contract terms and conditions required from or by said grants or funding sources. XXXXX agrees to perform consistent with those provisions of controlling law as if mandatory contractual provisions of grantor agencies or entities were a part of this Agreement.
This Section shall be deemed to include, but not be limited to, the provisions of the
American Rescue Plan Act to the extent that the provisions of that Federal law may apply to the provision of goods and services under the provisions of this Agreement.
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IN WITNESS WHEREOF, the City and XXXXX have executed this instrument for the purpose herein expressed and XXXXX represents and affirms that the signatories below have full and lawful authority to bind XXXXX in every respect.
SIGNATURE BLOCKS FOLLOW:
ATTEST: NAME OF VENDOR, a TYPE OF
ENTITY.
By: ___ By:
NAME OF OFFICER OR WITNESS NAME OF OFFICER
TITLE OF OFFICER TITLE OF OFFICER
Date:
ATTEST: CITY OF SANFORD
________________________________ By: ___________________________
City Clerk Mayor Date: __________________________
Approved as to form and legal sufficiency.
William L. Colbert City Attorney
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EXHIBIT “B”
INSURANCE REQUIREMENTS
(1) XXXXX shall obtain or possess and continuously maintain the following insurance coverage, from a company or companies, with a Best Rating of A- or better, authorized to do business in the State of Florida and in a form acceptable to the City and with only such terms and conditions as may be acceptable to the City unless the bid documents exclude or include certain types of insurance coverage or the level of coverage:
(a) Workers Compensation/Employer Liability: XXXXX shall provide
Worker’s Compensation for all employees. The limits will be statutory limits for Worker’s Compensation insurance and $3,000,000 for Employer’s Liability.
(b) Comprehensive General Liability: XXXXX shall provide coverage for all operations including, but not limited to, contractual, products, complete operations, and personal injury. Commercial General Liability is to include premises/operations liability, products and completed operations coverage, and independent vendor’s liability or owner's and vendor’s protective liability. The limits will not be less than $2,000,000 Combined Single Limit (CDL) or its equivalent.
(c) Comprehensive Automobile Liability: XXXXX shall provide complete coverage for owned and non-owned vehicles for limits not less than $2,000,000 CSL or its equivalent.
(d) Professional Liability: XXXXX shall provide coverage for all professional services performed. The limits will not be less than $2,000,000 CSL or its equivalent.
(e) Sex Abuse Liability: XXXXX shall provide coverage with limits not less than $1,000,000 CDL or its equivalent.
(2) All insurance other than Workers Compensation to be maintained by XXXXX shall specifically include the City as an additional insured.
(3) For additional insurance requirements reference is made to the requirements shown in the City’s contract terms and conditions for all city procurements (www.SanfordFL.gov).
File details come from the government source that posted it. Updated .