HomeMy WebLinkAbout2021 Work Service AgreementDowSign Envelope to: C8E2C121-83SA-490&BDDF.E760511IC168
WORK SERVICES AGREEMENT
FrrB 21-05 CDBG SIDEWALK IMPROVEMENT PROJECT ON NORTH CENTRAL AVENUE IN THE DOWNTOWN
COMMMUNITY REDEVELOPMENT AGENCY AREA
AGREEMENT APPROVED BY CITY COUNCIL: 5-,A(• -AOA 1
AGREEMENT EFFECTIVE DATE:
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
A. Thomas Const. Inc.
2. Designated Contact Person as to CCCC : 3. Designated Contact Person as to Prime Contractor:
Lisa Frazier (PROJECT MANAGER) Andrew Thomas (PROJECT MANAGER)
Community Development Director A. Thomas Constr. Inc.
=5 Main Street 1380 Bayshore Drive
Sebastian, Florida 32958 Fort Pierce, FL 34948
Phone: 772-388-8228 Phone: 772-216-6898
Email: lfmzier@cityofsebasgan.org i., atconst06@Yahoo.com
4. Guaranteed Maximum Price (GMP). The Prime Contractor's GMP for the Work Is One Hundred Sixty Nine
Thousand, Four Hundred Seventy Nine dollars and Eighty Seven cents ($169,479.87) for the project. This
price is for the performance of the Work in accordance with the Invitation to Bid (ITS #21-05 and the Bid
Submittal on May 7, 2021 by A. Thomas Constr. Inc.
S. Project Time. The Prime Contractor shall complete the Work within ninety (90) days of the issuance of
permit(s). Time is of the essence in the performance of this Agreement.
NOTE: The City reserves the right to allow for any approved extensions.
6. Agreement Documents.
• Exhibit "A" —Original Bid Package ITS 21-05 with Addendums 1, 2, 3 and 4.
• Exhibit "B" — Bid Submittal on May 7, 2021 from the Prime Contractor.
• Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP
Additional Agreement Documents include the Notice to Proceed (NTP) and Cartificate(s) of Insurance.
T. Liquidated Damages. This Agreement does not include Incentives or disincentives for completion of the work.
B. City's Project Manager. the City shall designate a Project Manager. All Work done by the Prime
Contractor shall be subject to the review, Inspection and acceptance of the Project Manager and the City.
Any and all technical questions which may arise as to the quality, completeness and acceptability of Work
performed, or Work to be performed, Interpretation of plans/speclttcations and all technical questions as to
the acceptable fulfillment of the Agreement on the part of the Prime Contractor shall be referred to the City
Manager who will resolve such questions. All Work shall be subject at all times to Inspection and review
by the Project Manager and the City.
9. Schedules, Reports and Records. The Prime Contractor shall submit to the City cost schedules,
progress schedules, estimates, records, reports, and any other date, as related to the provision of the
Work covered under the Agreement. Furthermore, City reserves the right to Inspect and audit the Prime
Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules,
reports and records of the Prime Contractor, as they relate to the Agreement, shall be retained by the Prime
Contractor for a period of three (3) years from the date of final payment under the Agreement.
10. Prime Contractor Initiated Changes. If the Prime Contractor Initiates a substitution, deviation or change
in the work which affects the scope of work or the expense of other trades, the Prime Contractor shall be
liable for the expense thereof, and any Incidental extra work created by the change.
City of Sebastian, Florida / A. Thomas Const. Inc.
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11. Termination for Convenience. Upon ten (10) days' written notice to the Prime Contractor, the City may,
for its convenience and without cause, elect to terminate this Agreement. In the event of termination, the
City will be responsible for compensating the Prime Contractor only for the Work satisfactorily completed
or partially completed up to the date of termination. The Prime Contractor shall not be entitled to
compensation for loss of anticipated profit.
12. Insurance. During the term of the Agreement, the Prime Contractor, at Its sole expense, shall obtain and
maintain insurance of such a type and with such terms and limits as noted below. Providing and
maintaining adequate Insurance coverage is a material obligation of the Prime Contractor. The Prime
Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Prime
Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during
the duration of the agreement, including renewal terms.
15.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the
primary Interests of the City, and these coverage's, limits a endorsements shall in no way be required to be
relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the
Prime Contractor against any loss exposures, whether as a result of the Project or otherwise. All Insurance
policies shall name and endorse the following as additional insured(s): the City of Sebastian and Its City
Council members, officers, employees and agents.
Commercial
General Liability
Professional Liability
(Errors & Omissions)
Automobile Liability
workers
Compensation
an amount not less than:
• $2,000,000 General Aggregate Limit Each Aggregate Limit; Products &
Completed Operations; and Personal & Advertising Injury
• $50,000 Fire Damage Limit
• $5,000 Medical Expense Limit
an amount not law than:
• E500,000 Each O= ence, covering any damages caused by an error,
omission or any negligent ads.
an amount not lass than:
• 51,0D0,000 Each Occurrence & Combined Single Umft
• $S.00D Medical Ex. nse Umft
In accordance with Florida Statutes 440, maintain workers cemperlsewz
Insurance to the extent required by law for all their employees to be ergaged
In work under this contract
15.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part
VII of the Florida Statutes 'Local Government Prompt Payment Act' from the date which a properly
received payment requestlinvoice is recorded as received by City, for Work completed to the
satisfaction of City.
15.3 Payment Requeets/lnvoices. Requests for payment for the provision of the Work provided under the
Agreement shall be submitted no more frequently than once per month, unless stipulated differently in
the Agreement or solicitation documents. All requests for payment/involces shall be submitted in
sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper
pre -audit and post -audit thereof. Upon receipt of the Prime Contractor's payment requestAnvoice, the
City will review to ensure completeness and that the Work covered under the payment request has
been completed in accordance with this Agreement. If It is found that the payment requestlinvoice is not
complete, or the Work covered under the payment request does not satisfy this Agreement, the
payment request may be rejected.
15.4 Progress Payments.
15.4.1 1" Application for Payment. The first Application for Payment shall be submitted no earlier than thirty
(30) days following the issuance of the NTP. Prior to submitting Its first Application for Payment, the
Prime Contractor shall submit to the City, for Its review and approval:
(1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar
value for each element; and
(2) A complete list of all its proposed subcontractors showing the work and materials involved and the
dollar amount of each proposed subcontract and purchase order.
These submittals will be used as the basis for the submitted Applications for Payment
City of Sebastian, Florida / A. Thomas Conti. Inc.
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15.4.2 Monthly Applications for Payment. The Prime Contractor shall submit each of Its Applications for
Payment to the City on or before the 25th day of each month for work performed during the previous
month. Invoices received after the 25th day of each month shall be considered for payment as part of
the next month's application. Within ten (10) calendar days after receipt of each Application for
Payment, the City shall either:
(1) Indicate approval of the requested payment;
(2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore;
or
(2) Return the Application for Payment to the Prime Contractor Indicating, In writing, the reason for
refusing to approve payment. In the event of a total or partial denial of the Application for Payment,
the Prime Contractor may make the necessary corrections and resubmit the Application for
Payment for reconsideration within ten (10) calendar days of receiving notice of refusal.
Monthly payments to the Prime Contractor shall in no way imply approval or acceptance of the Prime
Contractors work.
15.4.3 Retalnage. City shall retain two percent (5%) of the gross amount of each monthly payment request or
five percent (5%) of the portion thereof approved by the City for payment, whichever is lass, up to fifty
percent (50%) completion. Thereafter, If on schedule, the City shall retain two point five percent (2.5%)
of the gross amount of each payment request. Such sum shall be accumulated and not released to the
Prime Contractor until final payment is due. Any interim interest on such sums shall accrue to City.
Due to circumstances beyond the Prime Contractor's control and at the Citys sole discretion, a
percentage of the amount retained from the gross amount of each monthly payment may be reduced
prior to final completion of the Project and said percentage released to the Prime Contractor. Release of
any portion or percentage of sums retained prior to final completion of the Project shall in no way Imply
approval or acceptance of work.
15.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof,
because of subsequently discovered evidence or subsequent Inspections. The City may nullify the
whole or any part of any approval for payment previously Issued and withhold any payments otherwise
due the Prime Contractor under this Agreement, to such extent as may be necessary In the Citys
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or
reasonable evidence indicating probable filing of such claims; (c) failure of the Prime Contractor to make
payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the
Work can be completed for the unpaid balance of the GMP; or (a) any other material breach of the
Contract Documents. If these conditions are not remedied or removed, the City may, after three (3) days
written notice, rectify the same at the Prime Contractor's expense. City also may offset against any
sums due the Prime Contractor the amount of any liquidated or un-liquidated obligations of the Prime
Contractor to the City, whether relating to or arising out of this Agreement.
15.4.5 Final Payment. The City shall make final payment to the Prime Contractor within thirty (30) calendar
days after the Work is inspected and accepted by the City. The Prime Contractors acceptance of final
payment shall constitute a full waiver of any and all claims by the Prime Contractor against the City
arising out of this Agreement or otherwise relating to the Project, except those previously made In
writing and Identified as unsettled at the time of the final Application for Payment. Neither the
acceptance of the Work nor payment by the City shall be deemed to be a waiver of the Citys right to
enforce any obligations of the Prime Contractors hereunder or to the recovery of damages for defective
Work not discovered by the City at the time of final inspection.
16 Public Records: the Prime Contractor will keep and maintain public records required by the City to
perform the service. Upon request from the Citys custodian of public records, the Prime Contractor will
provide the City with a copy of the requested records or allow the records to be Inspected or copied
within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida
Statues, or as otherwise provided by law. The Prime Contractor will ensure that the public records that
are exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the term of the Agreement and following completion of
the Agreement if the Prime Contractor does not transfer the records to the City. Upon completion of the
Agreement, the Prime Contractor will transfer, at no cost, to the City all public records in possession of
the Prime Contractor or keep and maintain public records required by the City to perform the service. If
the Prime Contractor transfers all public records to City upon completion of the Agreement, the Prime
City of Sebastian, Florida / A. Thomas Const. Inc.
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Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Prime Contractor keeps and maintains public records
upon completion of the Agreement, the Prime Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the Information technology
system of the City. If the Prime Contractor does not comply with the City's request for public records,
the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement
and may cancel the Agreement.
IF THE PRIME CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE PRIME CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN
OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL:
jwllliams@cltyofsebastian.org; PHONE: 772-388-8215.
17 Indemnification. The Prime Contractor shall indemnify and hold the City harniess from any and all
personal Injury or property damage claims, liabilities, losses or causes of action which may arise out of the
use and occupancy of the property by the Prime Contractor, its family, associates, agents, employees,
customers and attendees. This paragraph shall survive the expiration or termination of this agreement.
Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, at seq.,
Florida Statutes, or any other sovereign or governmental immunity.
18 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws
and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and
equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related
services. The Prime Contractor shall use good faith efforts to ensure opportunities to compete for and
perform contracts are avaflable on the Project.
19 Waiver. The delay or fallure by the City to exercise or enforce any of Its rights under this Agreement shall
not constitute or be deemed a waiver of the City's right thereafter to enforce those rights, nor shall any
single or partial exercise of any such right preclude the City of any other or further exercise thereof or the
exercise of any other right.
20 Severablllty. If a court deems any provision of the Agreement void or unenforceable, that provision shall be
enforced only to the extent that It is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect,
21 Survival. All express representations, waivers, indemnifications, and limitations of liability Included in this
Agreement will survive completion or termination of the Agreement for any reason.
22 Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to
bind the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year
noted above.
ATTEST (SEAL):
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CITY CLERK
Approved as to form and legality for
reliance by the City of Sebastian only:
Coac�ewnmW
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Manny Af16n Jr., Esq.
CITY ATTORNEY
THE CITY OF SEBASTIAN :
(-CW) oeou.wn•.w
BY:aal. (aT( sl2
CITY MANAGER
A. Thomas Const. Inc.
("Prime Contractor')
6/21/2021 18:22:44 Av EDT
BY: la,Axt,W—t 6MOLS
Andrew Thomas 00101214=740
City of Sebastian, Rodds / A. Thomas Const. Inc.
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