HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-036 Temp. Reso. #13490
March 24, 2021
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NUMBER 21-01 B
AND APPROVING AN AGREEMENT WITH C&I
CONSTRUCTION AND DESIGN, INC. FOR THE
CONSTRUCTION OF THE TRACT 27 BOOSTER STATION
UPGRADE PROJECT IN THE AMOUNT OF $1,920,510.00,A
CONTINGENCY OF $192,051.00 (10%)WILL BE ADDED TO
THE ACCOUNT FOR A PROJECT TOTAL OF
$2,112,561.00; AUTHORIZING AN ADDITIONAL
APPROPRIATION IN THE AMOUNT NOT TO EXCEED
$162,561.00 TO BE INCLUDED IN A FUTURE BUDGET
AMENDMENT PURSUANT TO F.S. 166.241(2);
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
ADMINISTER THE CONTRACT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
• PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Tract 27 Booster Station was constructed in 1986; and
WHEREAS, the Tract 27 Booster Station assists in providing additional water
pressure and chemicals to the distribution system and ensures that the communities to the
extremities of the system receives adequate water flows and clean water; and
WHEREAS, the existing generator and pumps are all original items and are now
past their useful life; and
WHEREAS, the existing pump station building is presently does not meet the current
building codes including hurricane wind resistance; and
WHEREAS, this project will provide for a new standby generator, new service pumps
• and associated piping, improvements to the existing pump station building to comply with
Temp. Reso. #13490
March 24, 2021
Page 2 of 5
new building codes, new HVAC system for the updated pump station building and new
primary power distribution system for the Tract 27 Booster Station; and
WHEREAS, on December 20, 2020, the City of Tamarac published Invitation to Bid
No. 21-01 B for the construction and installation of the Tract 27 Booster Station Upgrade,
incorporated herein by reference and on file in the office of the City Clerk; and
WHEREAS, on February 11, 2021, seven (7) bids were opened and reviewed in
order to determine cost and responsiveness to the City's technical specifications; and
WHEREAS, a tabulation of bids showing all bids for Bid No. 21-01B is included
herein as "Exhibit 1", incorporated herein and made a specific part of this resolution; and
WHEREAS, staff determined the lowest responsive and responsible bidder to be C&I
Construction and Design, Inc.; and
WHEREAS, C&I Construction and Design, Inc. possesses the required knowledge
and experience for the construction and installation of the Tract 27 Booster Station
Upgrade Project and has agreed to the Terms and Conditions, Special Conditions, and
Technical Specifications of Bid No. 21-01B; and
WHEREAS, it is the recommendation of the Director of Public Services, Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials award Bid No. 21-01 B to and execute the Agreement with C&I Construction and
Design, Inc., for the construction and installation of the Tract 27 Booster Station Upgrade
Project, located at 9901 NW 77th Street, Tamarac, Florida, which is hereto attached as
"Exhibit 2"; and •
Temp. Reso. #13490
March 24, 2021
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WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award Bid No. 21-
01 B to and execute the agreement with C&I Construction and Design, Inc., for the
construction and installation of the Tract 27 Booster Station Upgrade Project for a contract
cost of $1,920,510.00, a contingency of $192,051.00 will be added to the account for a
project total of$2,112,561.00
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
1111 confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission of the City of Tamarac does HEREBY
award Bid No. 21-01 B to C&I Construction and Design, Inc., and approve the agreement
between the City of Tamarac and C&I Construction and Design, Inc., ("the Agreement") and
the appropriate City Officials are hereby authorized to execute the Agreement, hereto
attached as Exhibit 2, to provide for the construction and installation of the Water
Treatment Plant Finished Water Meter, in accordance with Bid Number 21-01 B.
SECTION 3: An expenditure in an amount not-to-exceed a contract cost of
$1,920,510.00, a contingency of$192,051.00 will be added to the account fora project total
Temp. Reso. #13490
March 24, 2021
Page 4 of 5
of$2,112,561.00, for said purpose, is hereby approved,
SECTION 4: Funding for said project is included in the FY 2020 Adopted
Budget; and, there is a current available appropriation in Project Number UT20U in the
amount of$1,950,000.00; and will require an additional appropriation of$162,651.00 that
will be included in a future Budget Amendment pursuant to F.S. 166.241(2).
SECTION 5: The City Manager, or his designee, is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes, but is not limited to
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions, and pricing of the
agreement. •
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
"The remainder of this page is left blank intentionally"
111
Temp. Reso. #13490
March 24, 2021
11111 Page 5 of 5
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 2i; day of (1,A.I c,L- ,2021.
ICHELLE J. G Z
MAYOR
ATTEST:
JENNiFER JOHNSON, CMC
Aft tiYCITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO
•
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
HANS INOT
CITY ATTORNEY
•
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
C & I CONSTRUCTION AND DESIGN, INC.
THIS AGREEMENT is made and entered into this_day of , 20_ by and
between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th
Ave., Tamarac, FL 33321 (the "CITY") and C & I CONSTRUCTION AND DESIGN, INC. a Florida
corporation with principal offices located at 14031 SW 143RD COURT, UNIT 6, MIAMI, FLORIDA
33186 (the"Contractor")to provide services to complete TRACT 27 BOOSTER STATION UPGRADES
PROJECT.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1. THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, Bid Document No. 21-01B for "TRACT 27
BOOSTER STATION UPGRADES PROJECT", issued by the City of Tamarac on December
20, 2020 including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions, Instructions to Bidder's), drawings and/or schematic plans, Technical
Specifications, all addenda, the Contractor's Bid response dated February 11, 2021, and all
modifications issued after execution of this Agreement. These contract documents form the
Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or
repeated therein. In the event that there is a conflict between Bid 21-01 B for "TRACT 27
BOOSTER STATION UPGRADES PROJECT" as issued by City, and the contractor's bid
response; Bid 21-01 B for"TRACT 27 BOOSTER STATION UPGRADES PROJECT" as issued
by City shall take precedence over the contractor's bid response. Furthermore, in the event of
a conflict between this document and any other Contract Documents, this Agreement shall
prevail.
2. THE WORK
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
complete the scope of work, as outlined in the contract documents including all
Addendums, Exhibits, Attachments and Appendices.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner.
Contractor shall comply with all OSHA safety rules and regulations in the
operation of equipment and in the performance of the work. Contractor shall at
all times have a competent field supervisor on the job site to enforce these
policies and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior
to the beginning of work under this Agreement and prior to any schedule change
with the exception of changes caused by inclement weather.
21-01 B—Tract 27 Booster Station Upgrades Project
1 Agreement
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as specified in the original bid document or as required by the City's Risk
and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all
other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors comply with the
above guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City and Eckler Engineering, Inc. as
additional insured. Contractor shall be responsible for payment of all deductibles and
self-insurance retentions on Contractor's Liability Insurance policies. The following are
required types and minimum limits of insurance coverage, which the Bidder agrees to
maintain during the term of this contract:
• General Liability - $1 M/$2M
• Automobile—$1 M/$1 M
• Workers Comp—Statutory
• Contractors pollution liability - $1 M/$2M
4. PERFORMANCE, PAYMENT AND WARRANTY BONDS
4.1 Within fifteen (15) calendar days after contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five(5)years. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United States as an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570.
4.2 The Contractor shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of one hundred 100% of the bid award amount as security
for the faithful project performance and payment of all the Contractor's obligations under
the contract documents, per City Code Section 10-156. The Performance Bond shall be
conditioned that the Successful Bidder performs the contract in the time and manner
prescribed in the contract. The Payment Bond shall be conditioned that the Successful
Bidder promptly make payments to all persons who supply the Successful Bidder in the
prosecution of the work provided for in the contract and shall provide that the surety shall
pay the same in the amount not exceeding the sum provided in such bonds, together
21-01 B—Tract 27 Booster Station Upgrades Project
2 Agreement
TAMARAC
The City For Your Life
_it}of Tamarac Purchasing and Contracts Division
with interest at the maximum rate allowed by law and that they shall indemnify and hold
harmless the CITY to the extent of any and all payments in connection with the carrying
out of said contract which the CITY may be required to make under the law. Payment
and Performance Bonds must be submitted on City forms, included herein.
4.3 At the completion and formal approval and acceptance of all work associated with the
project, a one-year warranty period will begin. If the surety on any bond furnished by the
Contractor is declared bankrupt or becomes insolvent, or its right to do business is
terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute
another bond meeting the requirements outlined above, which must also be acceptable
to the City. A Warranty Bond shall be submitted to the City for twenty-five percent(25%)
of the total value of the contract(including executed change orders) and come into effect
one (1) year after final payment becomes due, except as otherwise provided by law or
regulation or by the Contract Documents. Successful Bidder shall correct any defective
or faulty work or material which appear within one (1) year after final payment of the
Contract, upon notification by CITY. The Warranty Bond shall coverall costs of labor as
well as materials.
4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor
shall ensure that the Performance and Payment Bond or Bonds referenced above
shall be recorded in the Public records of Broward County at the Bidder's
expense. Proof of recording must be submitted to the City prior to issuance of
any purchase order or payment by the City. One (1) set of original Performance and
Payment Bond documents is required to be provided to the City prior to the issuance of
any Notice to Proceed by the City
5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten(10)days after the date that Contractor
receives the City's Notice to Proceed. The work shall be completed within Three
Hundred Ninety (390) Calendar days for Final Completion from issuance of City's
Notice to Proceed, subject to any permitted extensions of time under the Contract
Documents. The work under this agreement shall be substantially complete (i.e.
Substantial Completion)within Three Hundred Sixty(360)calendar days from issuance
of City's Notice to Proceed.
5.2 During the pre-construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all required
permits for the construction portion of the work may be obtained by the City in
accordance with the Schedule included in the Contract Documents. In the event that
any delays in the pre-construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force majeure or
are otherwise outside of the control of either party hereto, then the parties shall agree
on an equitable extension of the time for substantial completion hereunder and any
resulting increase in general condition costs.
6. CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of: One Million Nine Hundred
Twenty Thousand Five Hundred and Ten Dollars and Zero Cents ($1,920,510.00).
7. PAYMENTS
21-01 B—Tract 27 Booster Station Upgrades Project
3 Agreement
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until fifty
percent (50%) of the project is complete. Retainage will be reduced to five percent (5%)
thereafter, upon City review and approval. Retainage monies will be released upon satisfactory
completion and final inspection of the work. Invoices must bear the project name, project
number, bid number and purchase order number. City has up to thirty (30) days to review,
approve and pay all invoices after receipt. The Contractor shall invoice the City for final payment
and provide a written request to the City to commence the one (1) year warranty period, from
the date of City approval of Final Payment. All necessary Releases of Liens and Affidavits and
approval of Final Payments shall be processed before the warranty period begins. All payments
shall be governed by the Florida Prompt Payment Act, F.S., Part VI I, Chapter 218.
8. REMEDIES
8.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to the
City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance
and the quality of workmanship.
9. CHANGE ORDERS
9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five
percent (5%) and five percent (5%) respectively.
9.2 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall
not start work pursuant to a change order until the change order setting forth the
adjustments is approved by the City, and executed by the City and Contractor. Once the
change order is so approved, the Contractor shall promptly proceed with the work.
9.3 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
Contractor's expense without change in the Contract Price or Time except as approved
in writing by the City.
9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. The amount of the claim with supporting data
shall be delivered (unless the City allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts to which the claimant is
21-01 B—Tract 27 Booster Station Upgrades Project
4 Agreement
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
entitled as a result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
9.5 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days
after the occurrence of the event giving rise to the claim. Notice of the extent of the claim
shall be delivered with supporting data and stating the general nature of the claim.
Contractor hereby agrees to waive rights to recover any lost time or incurred costs from
delays unless Contractor has given the notice and the supporting data required by this
Paragraph.
9.7 Extensions of time shall be considered and will be based solely upon the effect of delays
to the work as a whole. Extensions of time shall not be granted for delays to the work,
unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay
the progress of work as a whole. Time extensions shall not be allowed for delays to parts
of the work that are not on the critical path of the project schedule. Time extensions shall
not be granted until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any
item requiring a change in the contract, and a change order has not been issued, City
reserves the right at its sole option to terminate the contract as it applies to these items
in question and make such arrangements as City deems necessary to complete the
work. The cost of any work covered by a change order for an increase or decrease in
contract price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or contract time
is required to be given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City.
Failure of the Contractor to obtain such approval from the Surety may be a basis for
termination of this Contract by the City.
10. LIQUIDATED DAMAGES
Project Substantial completion shall be within Three Hundred Sixty (360) calendar days
from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Three
Hundred and Ninety (390) calendar days from date of City's Notice to Proceed. All time
limits stated in the Contract Documents are of the essence of the Agreement. The parties
acknowledge that damages arising from delay in meeting these time limits are difficult or
impossible to ascertain. Therefore, the parties hereby agree that in the event that the Contractor
fails to meet the time limits, as may be extended by the City in accordance with the terms of the
Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed
against Contractor in the amount of Eight Hundred Dollars and Zero Cents($800.00)for each
calendar day beyond the time imposed until such work is completed.
11. NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF
THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY
CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase
in the construction cost or payment or compensation of any kind from City for direct, indirect,
21-01 B—Tract 27 Booster Station Upgrades Project
5 Agreement
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
consequential, impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable,foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,that
this provision shall not preclude recovery of damages by Contractor for hindrances or delays due
solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work, or
by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased
by Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of
the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not
reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control,
or by other causes which the City and Contractor agree may justify delay, then the Contract Time
shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to that extent specifically provided above. No extension of time shall be
granted for delays resulting from normal weather conditions prevailing in the area as defined by
the average of the last ten(10)years of weather data as recorded by the United States Department
of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather
Station.
12. WAIVER OF LIENS
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by
Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to
Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors
who worked on the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
13. WARRANTY
Contractor warrants the work against defect for a period of one (1) year from the date of City
approval of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to the affected area or to interior structure. The one (1) year
warranty period does not begin until approval of final payment for the entire project, and the
subsequent release of any Performance or Payment Bonds, which may be required by the
original bid document.
14. INDEMNIFICATION
14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages,
liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or
personal injury, or property damage, including loss of use thereof, directly or indirectly
caused by, resulting from, arising out of or occurring in connection with the operations
of the Contractor or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or property
damage solely attributable to the gross negligence or willful misconduct of the City or its
elected or appointed officials and employees. The above provisions shall survive the
21-01 B—Tract 27 Booster Station Upgrades Project
6 Agreement
TAMARAC
The City For Your Life
of 7amar Purchasing
and Contracts Division
4 r.Jcc 9
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, genetic information or
disability if qualified.
15.2 The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship.
16. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the
Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has made its
own investment in its business, and that it will utilize a high level of skill necessary to perform
the work. This Agreement shall not be construed as creating any joint employment relationship
between the Contractor and the City and the City will not be liable for any obligation incurred by
Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.
17. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
18. NOTICE
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TAMARAC
The City For Your Life
_'ity of Tcmarac Purchasing and Contracts Division
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Ottinot Law, PA
5944 Coral Ridge Drive, #201
Coral Springs, FL 33076-3300
CONTRACTOR
Name: C & I CONSTRUCTION AND DESIGN, INC.
Address: 14031 SW 143RD COURT, UNIT 6, MIAMI, FL 33186
FIN/EIN: 20-1969758
Contract Licensee: CGC1514770
Contact: Carlos Maldonado
Email: carlosRcicdinc.com
Phone: 305-255-6067
Fax: 305-255-6067
19. TERMINATION
19.1 Termination for Convenience: This Agreement may be terminated by City for
convenience, upon seven (7) days of written notice by terminating party to the other
party for such termination in which event Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify city against loss pertaining to this termination.
19.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
20. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Tamarac in
the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
21. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
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22. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
23. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the
remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces"shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions, such as delays in permitting due to outside agencies, which
are beyond the Contractor's control.
24.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
25. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement
can be supplemented and/or amended only by a written document executed by both the
Contractor and the City.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such
a presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
28.2 Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made
in error. If Contractor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
29. PUBLIC RECORDS
29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
29.1.1 Keep and maintain public records required by the CITY in order to perform the
service;
29.1.2 Upon request from the CITY, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at no cost to the CITY.
29.1.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the Agreement and
any renewals thereof if CONTRACTOR does not transfer the records to the CITY.
29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public
records in possession of CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all public
records to the CITY upon completion of the Agreement, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of the Agreement, 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 systems of the CITY.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
30. CLEAN AIR AND FEDERAL WATER POLLUTION CONTROL ACTS
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. 1251-1387).
287.0582 Contracts which require annual appropriation; contingency statement.—No
executive branch public officer or employee shall enter into any contract on behalf of the state,
which contract binds the state or its executive agencies for the purchase of services or tangible
personal property for a period in excess of 1 fiscal year, unless the following statement is
included in the contract: "The State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature."
31. E-VERIFY
Definitions:
"Agency" or "Public Employer" for purposes of this section shall mean the City of Tamarac,
a Municipal Corporation which is a political subdivision of the State of Florida.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange for
salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
"E-Verify system" means an Internet-based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the employment
eligibility of newly hired employees.
Effective January 1, 2021, public and private employers, contractors and subcontractors will
begin required registration with, and use of, the E-verify system in order to verify the work
authorization status of all newly hired employees. Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of:
a) All persons employed by Contractor to perform employment duties within Florida during
the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Contractor to perform work pursuant to the contract with the City. The Contractor
acknowledges and agrees that use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract with the City
of Tamarac.
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The City For Your Life
City of Tamara( Purchasing and Contracts Division
Should Vendor become the successful Contractor awarded for the above-named project, by
entering into this Agreement, the Contractor becomes obligated to comply with the provisions
of § 448.095, FL. Statutes, as amended from time to time. This includes but is not limited to
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees; and requiring all Subcontractors to provide an affidavit attesting that the
Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a Subcontractor knowingly violates the
statute, the Subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than 20 calendar days after the date of
termination. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract by the City for a period of 1 year after the date
of termination. By signing below, the Vendor acknowledges these terms shall be an integral
part of its bid and the Contract.
32. STATE OF FLORIDA DEO - CDBG-DR GRANT REQUIREMENTS
32.1 By execution of this Agreement, Contractor certifies that Contractor has familiarized
themselves with all regulations and requirements of 2 C.F.R. part 200 — Uniform
Administrative Requirements and Audit Requirements for Federal Awards, Appendix II
to Part 200 along with all applicable provisions of the Housing and Community
Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as
modified by the Federal Register notices that govern the use of CDBG-DR funds
available under this grant. These Federal Register notices include, but are not limited
to, Federal Register Guidance Vol. 83, No. 28/Friday, February 9, 2018/Notices and Vol.
83, No. 157/Tuesday, August 14, 2018/Notices in order to submit a bid for this project.
32.2 CONTRACTOR CERTIFIES THAT THE FOLLOWING DOES NOT APPLY TO THEIR
FIRM:
• Pursuant to Section 287.133(2)(a), F.S., a person or affiliate, as defined in Section
287.133(1), F.S., who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal or reply on a
contract to provide any goods or services to a public entity; may not submit a bid,
proposal or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals or replies on leases of
real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor or consultant under a contract with any public entity; and may
not transact business with any public entity in excess of thirty-five thousand dollars
($35,000) for a period of thirty-six (36) months following the date of being placed on
the convicted vendor list. By executing this Agreement, the Subrecipient represents
and warrants that neither it nor any of its affiliates is currently on the convicted vendor
list.
• Pursuant to Section 287.134(2)(a), F.S., an entity or affiliate, as defined in Section
287.134(1), who has been placed on the discriminatory vendor list may not submit a
bid, proposal or reply on a contract to provide any goods or services to a public
entity; may not submit a bid, proposal or reply on a contract with a public entity for
the construction or repair of a public building or public work; may not submit bids,
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TAMARAC
The City For Your Life Purchasing rrrrarcc and Contracts Division
proposals or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor or consultant under a
contract with any public entity; and may not transact business with any public entity.
By executing this Agreement, the Subrecipient represents and warrants that neither
it nor any of its affiliates is currently on the discriminatory vendor list.
33. CUSTODIAN OF RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and
CONTRACTOR, signing by and through its President duly authorized to execute same.
CITY OF TAMARAC
\\ lO TAI, i 0/ kite-"AJCZ
�?: • •.O % Mich J. Gomez, M y r
:::.:3••••• 1._.'r--A L •:.(i::: \ Dar -
ATTEST: ',�^"% ,i,�P ;�� ••,1 .\�: Michael C. Cernech, City Ma -ger
At,tv31,61‘ 1.1.(-tt•---....__ 3 "" )-H --)-(
Jennifer Jjnson, CMC Date
4t( City Clerk
C-s' 12 S-L.2_0.71 Ap a , r and legal sufficiency:
Date
a 0 i , City Attorney
S - 2 - 2_
Date
ATTEST: C & I CONSTRUCTION AND DESIGN INC.
.i ,� Company Name
<-72."9—j-
Signature -.'porate Secretary Signature of Carlos Maldonado
A :i jidSeZ 6,,,,,..i.,, ,i\(\i--, .s.,,,,-.,.-,,,--,
Type/Prin dme of orporate Secy. Type/Print Name of Carlos Maldonado
11Z,z i
(CORPORATE SEAL) Date
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TAMARAC
The City For Your Life
Pity o/rarnarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF t-
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared Carlos Maldonado the
President of C & I Construction And Design, Inc. a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged before me that
he/she executed the same.
WITNESS my hand and official seal this day of tifra-'A , 20 Zi.
C .
40'¢7,�.,, Sara G.Carvajal Caron
`;
COmm.#GG966160 Signature of Notary Public
�» State of Florida at Large
Expires:Mar.5,2021V0184
y��irnnn,\� gad ThR1 Aarpl1ry )1;\4A Gave t
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
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TAMARAC
The City For Your Life
:Pit of TOM n;nr Purchasing and Contracts Division
EXHIBIT A
ELECTRONIC CODE OF FEDERAL REGULATIONS
e-CFR data is current as of March 3, 2021
Title 2 —* Subtitle A —* Chapter II —> Part 200
Title 2: Grants and Agreements
PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
Procurement Standards
§200.317 Procurements by states.
When procuring property and services under a Federal award, a state must follow the same policies
and procedures it uses for procurements from its non-Federal funds. The state will comply with
§200.322 Procurement of recovered materials and ensure that every purchase order or other contract
includes any clauses required by section §200.326 Contract provisions. All other non-Federal entities,
including sub-recipients of a state, will follow §§200.318 General procurement standards through
200.326 Contract provisions.
§200.318 General procurement standards.
(a) The non-Federal entity must use its own documented procurement procedures which reflect
applicable State, local, and tribal laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this part.
(b) Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with
the terms, conditions, and specifications of their contracts or purchase orders.
(c)(1) The non-Federal entity must maintain written standards of conduct covering conflicts of interest
and governing the actions of its employees engaged in the selection, award and administration of
contracts. No employee, officer, or agent may participate in the selection, award, or administration of a
contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a
conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties
indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered
for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
However, non-Federal entities may set standards for situations in which the financial interest is not
substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or agents of
the non-Federal entity.
(2) If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct
covering organizational conflicts of interest. Organizational conflicts of interest means that because of
relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is
unable or appears to be unable to be impartial in conducting a procurement action involving a related
organization.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
(d) The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items.
Consideration should be given to consolidating or breaking out procurements to obtain a more
economical purchase. Where appropriate, an analysis will be made of lease versus purchase
alternatives, and any other appropriate analysis to determine the most economical approach.
(e) To foster greater economy and efficiency, and in accordance with efforts to promote cost-effective
use of shared services across the Federal Government, the non-Federal entity is encouraged to enter
into state and local intergovernmental agreements or inter-entity agreements where appropriate for
procurement or use of common or shared goods and services.
(f) The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of
purchasing new equipment and property whenever such use is feasible and reduces project costs.
(g) The non-Federal entity is encouraged to use value engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a
systematic and creative analysis of each contract item or task to ensure that its essential function is
provided at the overall lower cost.
(h) The non-Federal entity must award contracts only to responsible contractors possessing the ability
to perform successfully under the terms and conditions of a proposed procurement. Consideration will
be given to such matters as contractor integrity, compliance with public policy, record of past
performance, and financial and technical resources. See also §200.213 Suspension and debarment.
(i) The non-Federal entity must maintain records sufficient to detail the history of procurement. These
records will include, but are not necessarily limited to the following: rationale for the method of
procurement, selection of contract type, contractor selection or rejection, and the basis for the contract
price.
(j)(1) The non-Federal entity may use a time and materials type contract only after a determination that
no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its
own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the
sum of:
(i) The actual cost of materials; and
(ii) Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative
expenses, and profit.
(2) Since this formula generates an open-ended contract price, a time-and-materials contract provides
no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract
must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity
awarding such a contract must assert a high degree of oversight in order to obtain reasonable
assurance that the contractor is using efficient methods and effective cost controls.
(k) The non-Federal entity alone must be responsible, in accordance with good administrative practice
and sound business judgment, for the settlement of all contractual and administrative issues arising out
of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and
claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under
its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal
entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local,
state, or Federal authority having proper jurisdiction.
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The City For Your Life
city of Tamarac Purchasing and Contracts Division
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 43309, July 22, 2015]
§200.319 Competition.
(a) All procurement transactions must be conducted in a manner providing full and open competition
consistent with the standards of this section. In order to ensure objective contractor performance and
eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements,
statements of work, or invitations for bids or requests for proposals must be excluded from competing
for such procurements. Some of the situations considered to be restrictive of competition include but
are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding;
(3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts;
(5) Organizational conflicts of interest;
(6) Specifying only a "brand name" product instead of allowing "an equal" product to be offered and
describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(b) The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily
or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or
proposals, except in those cases where applicable Federal statutes expressly mandate or encourage
geographic preference. Nothing in this section preempts state licensing laws. When contracting for
architectural and engineering (A/E) services, geographic location may be a selection criterion provided
its application leaves an appropriate number of qualified firms, given the nature and size of the project,
to compete for the contract.
(c) The non-Federal entity must have written procedures for procurement transactions. These
procedures must ensure that all solicitations:
(1) Incorporate a clear and accurate description of the technical requirements for the material, product,
or service to be procured. Such description must not, in competitive procurements, contain features
which unduly restrict competition. The description may include a statement of the qualitative nature of
the material, product or service to be procured and, when necessary, must set forth those minimum
essential characteristics and standards to which it must conform if it is to satisfy its intended use.
Detailed product specifications should be avoided if at all possible. When it is impractical or
uneconomical to make a clear and accurate description of the technical requirements, a "brand name
or equivalent" description may be used as a means to define the performance or other salient
requirements of procurement. The specific features of the named brand which must be met by offers
must be clearly stated; and
(2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating
bids or proposals.
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The City For Your Life
City of Tamarac Putchasinq and Contracts Onnsion
(d) The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which
are used in acquiring goods and services are current and include enough qualified sources to ensure
maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders
from qualifying during the solicitation period.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.320 Methods of procurement to be followed.
The non-Federal entity must use one of the following methods of procurement.
(a) Procurement by micro-purchases. Procurement by micro-purchase is the acquisition of supplies or
services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (§200.67
Micro-purchase). To the extent practicable, the non-Federal entity must distribute micro-purchases
equitably among qualified suppliers. Micro-purchases may be awarded without soliciting competitive
quotations if the non-Federal entity considers the price to be reasonable.
(b) Procurement by small purchase procedures. Small purchase procedures are those relatively simple
and informal procurement methods for securing services, supplies, or other property that do not cost
more than the Simplified Acquisition Threshold. If small purchase procedures are used, price or rate
quotations must be obtained from an adequate number of qualified sources.
(c) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed price
contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all
the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bid method
is the preferred method for procuring construction, if the conditions in paragraph (c)(1) of this section
apply.
(1) In order for sealed bidding to be feasible, the following conditions should be present:
(i) A complete, adequate, and realistic specification or purchase description is available;
(ii) Two or more responsible bidders are willing and able to compete effectively for the business; and
(iii) The procurement lends itself to a firm fixed price contract and the selection of the successful bidder
can be made principally on the basis of price.
(2) If sealed bids are used, the following requirements apply:
(i) Bids must be solicited from an adequate number of known suppliers, providing them sufficient
response time prior to the date set for opening the bids, for local, and tribal governments, the invitation
for bids must be publicly advertised;
(ii) The invitation for bids, which will include any specifications and pertinent attachments, must define
the items or services in order for the bidder to properly respond;
(iii) All bids will be opened at the time and place prescribed in the invitation for bids, and for local and
tribal governments, the bids must be opened publicly;
(iv) A firm fixed price contract award will be made in writing to the lowest responsive and responsible
bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life
cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used
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to determine the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
(v) Any or all bids may be rejected if there is a sound documented reason.
(d) Procurement by competitive proposals. The technique of competitive proposals is normally
conducted with more than one source submitting an offer, and either a fixed price or cost-reimbursement
type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed
bids. If this method is used, the following requirements apply:
(1) Requests for proposals must be publicized and identify all evaluation factors and their relative
importance. Any response to publicized requests for proposals must be considered to the maximum
extent practical;
(2) Proposals must be solicited from an adequate number of qualified sources;
(3) The non-Federal entity must have a written method for conducting technical evaluations of the
proposals received and for selecting recipients;
(4) Contracts must be awarded to the responsible firm whose proposal is most advantageous to the
program, with price and other factors considered; and
(5) The non-Federal entity may use competitive proposal procedures for qualifications-based
procurement of architectural/engineering (A/E) professional services whereby competitors'
qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair
and reasonable compensation. The method, where price is not used as a selection factor, can only be
used in procurement of A/E professional services. It cannot be used to purchase other types of services
though A/E firms are a potential source to perform the proposed effort.
(e) [Reserved]
(f) Procurement by noncompetitive proposals. Procurement by noncompetitive proposals is
procurement through solicitation of a proposal from only one source and may be used only when one
or more of the following circumstances apply:
(1) The item is available only from a single source;
(2) The public exigency or emergency for the requirement will not permit a delay resulting from
competitive solicitation;
(3)The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals
in response to a written request from the non-Federal entity; or
(4) After solicitation of a number of sources, competition is determined inadequate.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014; 80 FR 54409, Sept. 10,
2015]
§200.321 Contracting with small and minority businesses, women's business enterprises, and labor
surplus area firms.
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(a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses,
women's business enterprises, and labor surplus area firms are used when possible.
(b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by
small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in
paragraphs (1) through (5) of this section.
§200.322 Procurement of recovered materials.
A non-Federal entity that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of
the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]
§200.323 Contract cost and price.
(a) The non-Federal entity must perform a cost or price analysis in connection with every procurement
action in excess of the Simplified Acquisition Threshold including contract modifications. The method
and degree of analysis is dependent on the facts surrounding the particular procurement situation, but
as a starting point, the non-Federal entity must make independent estimates before receiving bids or
proposals.
(b) The non-Federal entity must negotiate profit as a separate element of the price for each contract in
which there is no price competition and in all cases where cost analysis is performed. To establish a
fair and reasonable profit, consideration must be given to the complexity of the work to be performed,
the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality
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of its record of past performance, and industry profit rates in the surrounding geographical area for
similar work.
(c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only
to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for
the non-Federal entity under Subpart E—Cost Principles of this part. The non-Federal entity may
reference its own cost principles that comply with the Federal cost principles.
(d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must
not be used.
§200.324 Federal awarding agency or pass-through entity review.
(a) The non-Federal entity must make available, upon request of the Federal awarding agency or pass-
through entity, technical specifications on proposed procurements where the Federal awarding agency
or pass-through entity believes such review is needed to ensure that the item or service specified is the
one being proposed for acquisition. This review generally will take place prior to the time the
specification is incorporated into a solicitation document. However, if the non-Federal entity desires to
have the review accomplished after a solicitation has been developed, the Federal awarding agency or
pass-through entity may still review the specifications, with such review usually limited to the technical
aspects of the proposed purchase.
(b)The non-Federal entity must make available upon request, for the Federal awarding agency or pass-
through entity pre-procurement review, procurement documents, such as requests for proposals or
invitations for bids, or independent cost estimates, when:
(1) The non-Federal entity's procurement procedures or operation fails to comply with the procurement
standards in this part;
(2) The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded
without competition or only one bid or offer is received in response to a solicitation;
(3) The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a
"brand name" product;
(4) The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to
other than the apparent low bidder under a sealed bid procurement; or
(5) A proposed contract modification changes the scope of a contract or increases the contract amount
by more than the Simplified Acquisition Threshold.
(c) The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if
the Federal awarding agency or pass-through entity determines that its procurement systems comply
with the standards of this part.
(1) The non-Federal entity may request that its procurement system be reviewed by the Federal
awarding agency or pass-through entity to determine whether its system meets these standards in order
for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar
funding, and third party contracts are awarded on a regular basis;
(2) The non-Federal entity may self-certify its procurement system. Such self-certification must not limit
the Federal awarding agency's right to survey the system. Under a self-certification procedure, the
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Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying
with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or
standards as being in compliance with these requirements and have its system available for review.
§200.325 Bonding requirements.
For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition
Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and
requirements of the non-Federal entity provided that the Federal awarding agency or pass-through
entity has made a determination that the Federal interest is adequately protected. If such a
determination has not been made, the minimum requirements must be as follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee"
must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such
contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such contract.
(c)A payment bond on the part of the contractor for 100 percent of the contract price. A"payment bond"
is one executed in connection with a contract to assure payment as required by law of all persons
supplying labor and material in the execution of the work provided for in the contract.
§200.326 Contract provisions.
The non-Federal entity's contracts must contain the applicable provisions described in Appendix II to
Part 200—Contract Provisions for non-Federal Entity Contracts Under Federal Awards.
Remainder of Page Intentionally Blank
EXHIBIT C - Continued
Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made
by the non-Federal entity under the Federal award must contain provisions covering the following, as
applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of$10,000 must address termination for cause and for convenience by the
non-Federal entity including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include
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the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order
11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),
as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must
include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with
the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-Federal entity must
place a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance
of the wage determination. The non-Federal entity must report all suspected or reported violations to
the Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations
(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole
or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub-
recipient must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal
awarding agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,
each contractor must be required to compute the wages of every mechanic and laborer on the basis of
a standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
the open market, or contracts for transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of"funding agreement" under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into
a contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
(G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387), as amended—Contracts and sub-grants of amounts in excess of $150,000 must contain a
provision that requires the non-Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
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Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
(J) See §200.322 Procurement of recovered materials.
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CITY OF TAMARAC
VENDOR OWNERSHIP SURVEY
Contact: Carlos Maldonado Agency: C & I Construction & carlos@cicdinc.com
Design, Inc
Vendor Name:
Using the drop-down menu to the right to answer the questions below:
1. Does your firm employ more than 50 persons (including full-time and
part-time employees) No
2. Is your firm a construction firm?
Yes
2A: If YES to number 2 above, is the average annual gross revenue for
your firm for the past three (3)years greater than $9 million? No _
2B: If NO to number 2 above, is the average annual gross revenue for
your firm for the past three (3) years greater than $5 million? No
3. Which of the following best describes the gender of your firm's primary
owner(at least 51% ownership): Male
4. Which of the following best describes the ethnicity of your firm's primary
owner(at least 51% ownership): Hispanic/Latino
If you chose "Other", Please indicate:
5. Which of following best describes the primary owner's veteran status
(at least 51% ownership): Non-Veteran
6. If your firm has been certified as a Small Business (SBE), a Women
Owned Business (WBE), a Minority Owned Business (MBE) or a Miami Dade County
Veteran Owned Business (VBE), please indicate the agency or
agencies that have granted the certification to your firm. (If you choose
"other" please indicate the name or names of the certifying
agency(ies)):
Please save and email this document to: Keith Glatz,CPPO(email: keith.glatz@tamarac.org)
Purchasing&Contracts Manager
City of Tamarac
Fax: (954)597-3565 Phone: (954)597-3567
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