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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-074Temp. Reso. #13634 June 28, 2021 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021- U-7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A PIGGY -BACK AGREEMENT WITH PSI ROOFING, A FLORIDA CORPORATION UTILIZING OMNIA CONTRACT NUMBER 180901-FL-021, AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID PIGGY -BACK AGREEMENT WITH PSI ROOFING, TO REPLACE THE METAL ROOF AT THE TAMARAC COMMUNITY CENTER, AT A COST NOT TO EXCEED $281,123.31, A CONTINGENCY IN THE AMOUNT OF 10% OR $28,112.33 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL PROJECT BUDGET OF $309,235.64; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac strives to keep its public facilities and buildings maintained in a high level for its residents, citizens, and employees; and WHEREAS, the roof of Tamarac Community Center (TCC) located at 8601 West Commercial Boulevard, in the City of Tamarac, Florida, is in need of replacement due to normal deterioration resulting from time and weather; and WHEREAS, the replacement of the roof at City Hall is important for the long-term care and maintenance of the building and will prevent costlier and more complex repairs in the future, and the City has exhausted all reasonable means to extend the life of the TCC Metal Roof; and WHEREAS, The City of Tamarac participates in various cooperative purchasing Temp. Reso. #13634 June 28, 2021 Page 2 of 5 organizations for public sector procurement, including OMNIA Partners (OMNIA), such cooperative purchasing organizations reduce the cost to the City of Tamarac by aggregating the purchasing power of public agencies nationwide; and WHEREAS, the City of Tamarac is an eligible agency to utilize such cooperative contracts through OMNIA; and WHEREAS, OMNIA, through the National Roofing Partners (NRP), awarded Contract Number R180901 for Roofing Products, Services, and Job -Order -Contracting Services to PSI Roofing as an Authorized Contractor for OMNIA Contract No. 180901- FL-021, effective March 1, 2019 through February 28, 2021 and subsequently renewed through February 28, 2022 and eligible for two (2) additional one-year year renewals through February 28, 2024, a copy of Contract No. R180901 is incorporated herein by reference and is on file in the Office of the City Clerk; and WHEREAS, PSI Roofing, possesses the required knowledge and experience to for the TCC Roof Replacement Project, and has provided a Project Cost Proposal per OMNIA Contract 180901-FL-021, a copy of the Project Cost Proposal is attached hereto as "Exhibit 1 "; and WHEREAS, it is the recommendation of the Director of Public Services, the Director of Financial Services and the Purchasing and Contracts Manager that the Piggy- back Agreement with PSI Roofing, be approved and executed by the appropriate City Officials, a copy of said Piggy -back Agreement is attached hereto as "Exhibit 2", and 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 approve and authorize a Piggy -back Agreement with PSI Roofing, for the TCC Metal Roof Replacement Project at a cost not to exceed $281,123.31, a contingency in the amount Temp. Reso. #13634 June 28, 2021 Page 3 of 5 of 10% or $28,112.33 will be added to the project account for a total project budget of $309,235.64. 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 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 approves a Piggy -back Agreement with PSI Roofing, for the TCC Roof Replacement Project, in accordance with the the Contractor's Cost Proposal and OMNIA Contract 180901-FL-021, at a cost not to exceed $281,123.31, a contingency in the amount of 10% or $28,112.33 will be added to the project account for a total project budget of $309,235.64, a copy of the Project Cost Proposal and the Piggy -back Agreement are attached hereto as "Exhibit 1" and "Exhibit 2", respectively; and SECTION 3: The City Manager or his designee is HEREBY authorized to execute the Piggy -back Agreement with PSI Roofing, utilizing OMNIA Contract #180901- FL-021 for the TCC Roof Replacement Project; and is HEREBY authorized to approve any Change Orders in amounts not to exceed $65,000.00 per Section 6-147 of the City Code. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13634 June 28, 2021 Page 4 of 5 SECTION 5: Funding for the TCC Roof Replacement Project in the amount of $310,000.00 is available in the Capital Maintenance Fund. SECTION 6: 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" Temp. Reso. #13634 June 28, 2021 Page 5 of 5 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �LV day of ,TIC.' 2021. MICHELLE . GOMEZ 1ky,M\Yo7Cl ATTEST: � NNIF JO N ON, CMC CI ' CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ Jos DIST 1: COMM. BOLTON DIST 2: COMM. GELIN fir; DIST 3: V/M VILLALOBOS DIST 4: COMM. PLACKO �S I HEREBY CERTIFY that I have approved this R,TSOLUTION as to form. I O NERIN, JI CITY ATTORNEY TR 13634 EXHIBIT 1 c ROOFING ' 7 cm May 17, 2021 Tom Vreeland City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Re: Community Center Barrell Roof, 8601 W Commercial Blvd., Tamarac, FL 33351 NRP CPN#: 180901-FL-021 Mr. Vreeland: National Roofing Partners (NRP) and its local partner, PSI Roofing, have developed the following pricing proposal for the Community Center Barrell Roof project. This pricing proposal was developed in compliance with NRP's contract number 180901 with OMNIA Partners and includes the total cost to recover the existing roof and install a new 50mil PVC membrane. Attached is the Proposal & Scope of Work which defines the work that PSI Roofing proposes to complete. The project scope includes a manufacturer's 20-year warranty, extended warranty options are available at an additional cost, provided upon request. Based on this scope of work, pricing to complete the Community Center Barrell Roof project is $278,13817. This pricing is compliant with the OMNIA Partners' unit pricing. All material is guaranteed to be as specified. All work will be completed in a workmanlike manner according to standard roofing practices and in accordance with manufacturers specifications. If this proposal is accepted, please see instructions for purchase order: 1. The purchase order will be issued to PSI Roofing. 2. The purchase order should be clearly marked "Per OMNIA Contract #180901-FL-021" 3. E-mail the purchase order and tax-exempt certificate, if applicable, in PDF format to: a. agleiser(o)psi-roofing.com b. Cc:OMNIAPartners@NationalRoofingPartners.com 4. Once we receive a P.O., a notice to proceed will be issued and work can begin at the member's discretion. If you have any questions or need additional information, please contact our office. Best Regards, Amanda Gleiser PSI Roofing 792 NE 45t" Street Oakland Park, FL 33334 954-444-3688 /0_1� NRP NATIONAL ROOFING PARTNERS TR 13634 EXHIBIT 1 Thank you for allowing us the opportunity to provide you with our proposal for the Community Center Barrell Roof. We have included all necessary labor, equipment, and materials to complete the project in a safe and timely fashion. OVERVIEW OF SITE: Approximate Roof Area: 16,500 square feet SCOPE OF WORK: • Perform a fastener pull test to confirm metal deck conditions to receive a mechanically fastened assembly. • Over the existing roof, layout and mechanically fasten a 1-1/2" EPS Flute Filler board between the metal roof ribs to even out the roof surface as per manufacturer and code requirements. • Install a 6" wood blocking on entire roof perimeter with 1/2" plywood as per code requirements. • Over the filler board, mechanically fasten a Securock Gypsum Fire Rated cover board as per manufacturer's requirements. • Over the cover board, fully adhere a 50 Mil PVC Duro-Last Duro-Tuff Blue Color single ply membrane with approved adhesive. All laps to be heat welded as per manufacturer's requirements. • Remove and dispose all curb and penetration flashings. • Provide and install curb flashings with approved adhesive to all roof curbs as per manufacturer's requirements. • All flashings to be terminated with Duro-Last termination bar and approved sealant. • Over open eaves provide and install Duro-Last Drip Edge Metal with Kynar finish (combined 860LF), where applicable. • Flash all roof penetrations with pre -fabricated Duro-Last flashings as per manufacturer's requirements. • Haul away and dispose all construction debris. • Owner shall receive a Twenty (20) Year NDL Warranty on workmanship and labor from Duro-Last. • Owner shall receive a Two (2) Year Workmanship Warranty on labor from PSI Roofing. �Pa C. ROOFING =L�tZL ev� NRP V NATIONAL ROOFING PARTNERS TR 13634 EXHIBIT 1 • Permit fees are excluded (to be paid by owner) 17C7rwk re l PRICE FOR SCOPE OF WORK ABOVE: $ 278,13817 Pricing is valid for 30 days. The prices listed in the preceding table are an estimate for the services discussed. Estimates are subject to change if project specifications are changed or costs for outsourced services change before a contract is executed. This proposal is based on the use of Standard AIA Contract Documents. Taxes are not included unless noted above. For tax exempt customers, tax amount listed above may be excluded from purchase order or contract. REFERENCE DRAWING: A B C D E F G H I I K L M N 0 P Q R S T g 1 a g Z. X 3 ❑ 4 S L ❑ C 6 N m — U_M ❑ '� M 7 C i cM E E J LL 8 U L ❑ 9 U U > E El10 M0� E to Oo 11 r� 12 LJ 13 OWNER CityelTm- 1515 NW Beth Ave. 14.. Tam—, FL33351 SCALE E11MR.-.1 N. SS' NTS MxN BV •Not To Scale :For Reference Purposes Only.AN EXCLUSIONS: Permit fees. Any roof mounted electrical or mechanical work. Detach and reset Security mounted cameras. Interior/exterior painting, structural/non-roof related engineering, lightning protection, concrete cutting, stucco work, painting, any additional structural/decking work not listed above, and plumbing. Any work on other roof sections, sloped mansards, or others. Any work on flat roof. Any re -roof of the existing roof. Any cover and protect of interiors. Any canopies or adjacent structures repair/replacement. Any mechanical, electrical, and plumbing units' repairs/removal or replacement not specifically described above. Any gutters and downspouts repairs/replacement. Disconnect and reconnect of satellite dishes is excluded. Any right of way permit, MOT plans or associated costs with road closure. Performance and Payment Bonds. Work during night shift (6pm to 6am), R NRP <� 25Yea. NATIONAL ROOFING PARTNERS TR 13634 EXHIBIT 1 holidays and weekends. Any work not mentioned above. All these items can be added to the contract after commencement of work upon contractor's discretion and owner's approval. SAFETY: Site safety set up will comply with OSHA standards. A preliminary site inspection prior to commencement of the project will be completed to identify potential areas of hazard. MISCELLANEOUS: When installing highly reflective white roof coverings, construction debris, dust, or sediment will leave dirt on the new covering. PSI Roofing will take care to minimize debris and foot traffic over the new roof covering, but some inherent dirt will remain as a result of the construction process. Post -construction cleaning of the roof covering is not included in this proposal unless specifically stated in the scope of work. If this proposal does not clearly state and include the installation of a "full tapered" insulation assembly, ponding water may be present after completion of the roof system and PSI Roofing shall not be held liable to remedy ponding water situations. Certain products used in the installation of roofing materials emit odor. Products in this category include, but are not limited to, asphalt, adhesives, primers, etc. Mechanical units, intake vents and other air drawing equipment may be required to be shut down by the owner during certain times of construction if interior space is sensitive to odors. TERMS, CONDITIONS AND APPROVAL: Progress invoices will be submitted monthly and progress payments will be due within 30 days after invoice date or per contract payment terms. Any alteration or deviation from specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. Owner to carry fire, tornado, and other necessary insurance. All warranties to be issued upon completion of contract. Those who work on your property or provide materials and services and are not paid in full may have a right to enforce their claim for payment against your property through a construction lien. Thank you for taking to time to read and understand our proposal for this outstanding project and please do not hesitate to contact us at any time if you have any questions. no RN P ROOFING 7 V CG.25�Years3 NATIONAL ROOFING PARTNERS City of Tamarac ! \— 7525NWOhA✓enue Tamarac, FL 33321 N R p 1� 17-May-2021 LINE ITEM PRICE ESTIMATE Project Name: OMNIA Tamarac Community Center Banell Roof Project Address: P A R T N E R S 8601 W Commercial Blvd. Tamarac, FL 33351 TR 13634 EXHIBHighway T] ay00 cite 400 Coppell, TX 75019 CPN# 180901-FL-021 r '1'' < n r Pricing Summary by Category Category Water Resistant Roofing Subtotal $ Category Insulation Subtotal $ Category Roof Tiles and Shingles Subtotal $ Category Roofing and Roof Restoration Subtotal $ Category Masonry Subtotal $ - Category Metal Work Subtotal $ 7,989.00 Category Woodwork Subtotal $ - Cateco Standing Seam Metal Roof System Subtotal $ Category Roof Specialties and Accessories Subtotal $ Category Roof Services Subtotal $ 87,219.45 Category General Cost Factors Subtotal $ - Category lAdditional Line Items Subtotal I $ 185,914.86 Line Item Total $ 281,123.31 Discount $ (2,965.14) Proposal Price $ 278,138.17 Detailed Line Item Breakdown Item No. Description UOM Price Qty Total Water Resistant Roofing $ Insulation $ Roof Tiles and Shingles $ Roofing and Roof Restoration Masonry Metal Work 29 Remove metal edge, gravel stop, eave strip, or coping LF 1.541 860 $ 1,324.40 29b Gravel stop, galvanized steel, 24 gauge, 6' face LF 5.81 860 $ 4,996.60 31f Metal flashing, apron flashing, 9" wide LF 4.17 400 $ 1,668.00 Woodwork $ Standing Seam Metal Roof System $ Roof Specialties and Accessories $ Roof Services 47g Difficult access or fall restriction; surcharge Each 14% 183,741 $ 25,723.74 48 JAdditional and occasional supplies, materials, equipment and services 48d Multiplier/factor to be applied to the R.S. Means costs. % to be applied 0.92 66,843 $ 61,495.71 General Cost Factors Additional Line Items 19-1 Sweep roof surface SF 0.42 16,500 $ 6,930.00 19-11 Single ply roof system; PVC, 50mil 19-11a mechanically attached SF 3.13 16,500 $ 51,645.00 19-22 Single ply roof system; pipe boot EA 36.40 8 $ 291.20 19-35 Manufacturer's warranty, re -roof, 20 year SF 0.33 16,500 $ 5,445.00 19-41 Material;additional freight charges % 2"/0 72,234 $ 1,444.67 19-42 Equipment; fork lift % 25% 4,800 $ 6,000.00 1944 Equipment; crane, less than 150 It tall % 25% 30,000 $ 37,500.00 19-45 Equipment; other % 25% 4,000 $ 5,000.00 1949 Multiplier, roof with slope > 4:12 or non-standard architecture % 25% 183,7411 $ 45,935.25 19-52 Multiplier, total roof area < 20,000 sq it % 14% 183,7411 $ 25,723.74 Line Item Total 1 $ 281,123.31 TAMARAC of Tamarac The City For Your Life Purchasinq and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND PSI ROOFING THIS AGREEMENT is entered into on -TOW d116 209- 1 between the City of Tamarac , a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (City) and PSI Roofing, a Florida corporation with principal offices located at 792 NE 451h Street, Oakland Park, Florida 33334 (Contractor) for the purpose of providing Roofing Services to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed Two Hundred Seventy - Eight Thousand One Hundred Thirty -Eight Dollars and Seventeen Cents ($278,138.17), Contractor shall provide services in accordance with the terms and conditions of the RL National Roofing Partners, LLC dba National Roofing Partners (NRP) Omnia Partners Contract # R180901 — FL — 021 for which the Contractor is an authorized servicer, attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full. Upon execution of this Agreement, all references made to RL National Roofing Partners, LLC dba National Roofing Partners (NRP) # R180901-FL-021 and the Contractor, who serves as their local servicer, in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Term: The term of this Agreement shall be concurrent with the term set forth in Exhibit A, through March 28, 2022 effective on the date of approval of this Agreement. The City reserves the right to renew this Agreement for up to one (1) additional one (1) year term(s) for up to an additional One (1) year(s), in the event that the Agreement is renewed by the Region 4 Education Service Center. 4. Project Timeline: Project substantial completion shall be within One Hundred Fifty (150) calendar days from Contractor's receipt of City's Notice to Proceed. The Notice to Proceed will not be issued until a pre -construction meeting has taken place to determine access and staging. Final Completion shall be Thirty (30) calendar days from date of substantial completion totaling One Hundred Eighty (180) calendar days. 5. Liquidated Damages: 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 TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division 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 One Hundred Dollars ($100.00) for each calendar day beyond the time imposed until such work is completed. 6. Changes In Contract Time: A. Change Order 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. B. Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than fifteen (15) days) after the occurrence of the event giving rise to the claim 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. C. Basis For Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work. 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. 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. 7. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. In the event of a conflict between these documents, this Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order. 8. Contract Sum and Payments: The Contract Sum for the above work is Two Hundred Seventy -Eight Thousand One Hundred Thirty -Eight Dollars and Seventeen cents ($278,138.17). All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 9. Insurance: In addition to the insurance requirements stated in the NRP Omnia Contract R180901- FL-021 Agreement, 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, and all other insurance as required by the City. Contractor shall maintain such insurance in full TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division 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. The following minimal insurance coverage shall be provided: a. Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -Contractor that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The City must be named as a certificate holder and an additional insured for General Liability coverage unless Owners and Contractors' Protective Coverage is also provided or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. c. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. This coverage shall be an "Any Auto" type policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. d. In the event that sub -contractors used by the Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless the City for any claim in excess of the sub -Contractors' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. e. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 10. Indemnification: a. 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 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. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. c. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. e. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 11. Non -Discrimination & Equal Opportunity Employment: 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 TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division disability if qualified. 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, genetic information 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. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 12. 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. 13. 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. 14. Termination: a. Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. 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 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. 15. Public Records a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: Keep and maintain public records required by the City in order to perform the service; 2. Upon request from the City's custodian of public records, 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 a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the 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. b. During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division 16. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, 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. 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. 14. 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 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. 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. 15. 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. 16. 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. 17. 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. 18. 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 the 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 the enforceability of that provision or of the remainder of this Agreement. 19. No Construction Against Drafting Party: TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. 20. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 881h Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Fox Rothschild, LLP One Biscayne Tower 2 S. Biscayne Blvd. Suite 2750 Miami, Florida 33131 CONTRACTOR PSI Roofing 792 NE 45th Street Oakland Park, Florida 33334 21. Public Records Custodian 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 TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division (954) 597-3505 CITYCLERK@TAMARAC.ORG 10 TAMARAC City of Tamarac The City For Your Life 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 Miche a J. Gomez, Wor Da ATTEST: Michael C. Cernech, City Ma ager J nifer 'hnso , C Date City Clerk 'fz 6 - _�2_/ Appro s to form and leg I sufficiency: Dat F ATTEST: r�, PSI ROOFING Company e ,, Signature of Corporate Secretary Signature of Presi t Type/Print Name of Corporate Secy. PAULO SOUZA Presiden t Date 11 TAMARAC of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: :SS COUNTY OFPJr_Vv:k 'rj:> : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid d in the Co t aforesai to take acknowledg ents, personally appeared t' Q,� o uzo. c-cs,Dan� of , a�brTbc. Corporation, to me known to be the persons) described in and wh executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 6?9 day of J un& 20---al . 20,'pV Pu `CCHERYL L. SELLARD Signature of Notary Public MY COMMISSION A RH128179 State of Florida at Large EXPIRES: May 10, 2025 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. 12