10-2177 Agreement with Mactec Engineering and Consulting Inc. for Brownfields Assessment Services

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Contract Number: MSA20100902LEC SECTION 4. BONDS: PERFORMANCE AND PAYMENT BOND (P&P). The CONSULTANT shall furnish and pay for bonds covering faithful performance of the contract and payment of all obligations arising thereunder by delivering to the CITY a PERFORMANCE and PAYMENT (P&P) bond. The P&P bond shall be furnished in the amount of Ten Thousand dollars ($10,000.00) in such a form as the CITY may prescribe and with a surety company acceptable to the CITY. All bonds (Bid Surety and/or P&P) are to be issued from a company licensed to sell bonds in the State of Florida and with a rating no less than A in the Best Key Rating Guide. The CITY has the right but not the obligation to verify that these requirements are met. The Performance & Payment (P&P) Bond must be delivered to the CITY on the specified date, but in no event later than the commencement date to perform work under the contract. Failure or neglect to deliver said bonds as specified shall be considered as having abandoned or defaulted under the contract, and the CITY shall have the right to exercise any and all legal or equitable rights against the CONSULTANT that the CITY deems are in the best interests of the CITY including, but not limited to, a claim for damages (including reimbursement of attorney's fees and costs incurred by the CITY), termination of the contract, and selection of another bidder to perform the work. Letters of Credit are not acceptable in lieu of the required bonds. The P&P Bond must be effective from the commencement date of the project until the CITY has acknowledged in writing that the project has reached final completion and all persons that provided labor, services, and materials for the prosecution of the work provided for in the contract have been fully paid. Be advised that the surety or sureties must agree to adjust the bonds to the contract price as it may be modified by approved change orders and will be deemed to legally and conclusively waive notice of such change. P&P Bond will be required by the CONSULTANT within three days after commencement of any services pursuant to this Agreement. SECTION 5. COMPENSATION. The CITY agrees to compensate CONSULTANT for the professional services called for under this Agreement on a Fixed Fee basis. When a Purchase Order is issued for a Fixed Fee basis, then the applicable Purchase Order Fixed Fee amount shall include any and all reimbursable expenses. SECTION 6. PAYMENT AND BILLING. Unless otherwise agreed to by the CITY, payment terms will be thirty (30) days net from receipt of invoice unless an appropriate prompt payment discount is provided and accepted. Payment shall be made by the CITY only after the items awarded to the CONSULTANT have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced, and the invoices is in all respects satisfactory to the CITY and appropriate for payment. All invoices shall bear the Purchase Order number and Contract number. The original invoice and one (1) copy shall be sent to: City Hall Finance Department 95 Triplet Lake Drive Casselberry, FL 32707 SECTION 7. TAXES. The CITY is exempt from Federal Excise and Sales taxes. Tax exemption number: State #85-8012530043C-7. SECTION 8. VISA ACCEPTANCE. The CITY has implemented a purchasing card program, using the VISA platform. The CONSULTANT may receive payment from the CITY by the purchasing card in the same manner as other VISA purchases. VISA acceptance is preferred but is not the exclusive method of payment. 2