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City of Tamarac Resolution R-2021-131
Temp. Reso. #13692 November 10, 2021 Page 1 of 7 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NUMBER 21-05B AND APPROVING AN AGREEMENT WITH ALL FLORIDA CONTRACTING SERVICES, LLC FOR THE CONSTRUCTION OF THE LIFT STATION GENERATORS PROJECT IN THE AMOUNT OF $616,310.00, A CONTINGENCY OF $61,631.00 (10%) WILL BE ADDED TO THE ACCOUNT FOR A PROJECT TOTAL OF $677,941.00; AUTHORIZING AN APPROPRIATION FOR THE RECEIPT AND EXPENDITURE OF THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM), IN AN AMOUNT OF $431,668.50, AND FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), IN AN AMOUNT OF $353,000.00 AND FOR THE TOTAL PROJECT BUDGET, 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 Public Services Department operates and maintains eighty-eight (88) lift stations throughout the City; and WHEREAS, these lift stations operate using electrical service provided by Florida Power & Light; and WHEREAS, this power source proves to be relatively reliable most of the time, occasional failure occurs requiring the use of an alternate source such as a portable or standby generator; and WHEREAS, power failures under normal circumstances are rare, the City of Temp. Reso. #13692 November 10, 2021 Page 2 of 7 Tamarac becomes much more vulnerable during hurricane season. As with Hurricane Irma in 2017, widespread power outages are often experienced when tropical weather impacts South Florida. It is possible that most or all of the lift stations in the City can be rendered without power and require operation through diesel-powered generators.; and WHEREAS, there are four (4) lift stations with standby generators throughout the City; and WHEREAS, the City owns ten (10) portable generators which are rotated between the remaining eighty-four (84) lift stations to help mitigate potential sewer overflows; and WHEREAS, the City of Tamarac Public Services Department identified several lift stations throughout the City where there were problems caused by power outages during previous hurricanes or heavy rain events. These lift stations do not have standby generators and have to be serviced using portable generators during and after storm events; and WHEREAS, the task of constantly moving the portable generators from one lift station to the next requires excessive man-hours and effort from city maintenance crews thereby taking away from other important tasks during the critical time of recovery; and WHEREAS, Lift Station (LS) 16A services Millennium and Challenger Schools which are both used as hurricane shelters. LS 34 and 37 services high volume residential areas and LS 2E is the furthest station from the Public Services grounds and is the most difficult to access during or immediately after hurricanes; and WHEREAS, this project will allow the City to provide more efficient and reliable Temp. Reso. #13692 November 10, 2021 Page 3 of 7 servicing of Lift Stations 16A, 34, 37 and 2E during power outages; and WHEREAS, on January 19, 2021, the City of Tamarac published Invitation to Bid No. 21-05B for the construction and installation of the Lift Station Generators Project, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on February 25, 2021, ten (10) 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. 21-05B 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 All Florida Contracting Services, LLC; and WHEREAS, the base bid submitted by All Florida Contracting Services, LLC is $772,510, and Bid No. 21-05B included Alternate Items as options for the generator manufacturer and generator warranty period. The City opted for Alternates 2A, for a $160,200.00 deduct to allow All Florida Contracting Services to supply an alternate generator manufacturer, and Alternate 2B, for a $4,000.00 addition to have All Florida Contracting Services provide an additional 3-year non-prorated warranty for the generators; and WHEREAS, the final contract amount as negotiated through the selected alternates is therefore $616,310.00. WHEREAS, All Florida Contracting Services, LLC possesses the required knowledge and experience for the construction and installation of the Lift Station Temp. Reso. #13692 November 10, 2021 Page 4 of 7 Generators Project and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 21-05B; 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. 21-05B to and execute the Agreement with All Florida Contracting Services, LLC, for the construction and installation of the Lift Station Generator Project, located at Lift Stations 2E, 16A, 34 and 37 in Tamarac, Florida, which is hereto attached 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 award Bid No. 21- 05B to and execute the agreement with All Florida Contracting Services, LLC, for the construction and installation of the Lift Station Generator Project for a contract cost of$616,310.00, a contingency of$61,631.00 will be added to the account for a project total of$677,941.00. 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 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. Temp. Reso. #13692 November 10, 2021 Page 5 of 7 SECTION 2: The City Commission of the City of Tamarac does HEREBY award Bid No. 21-05B to All Florida Contracting Services, LLC, 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 Lift Station Generators, in accordance with Bid Number 21-05B. SECTION 3: An expenditure in an amount not-to-exceed a contract cost of $616,310.00, a contingency of$61,631.00 will be added to the account for a project total of $677,941.00, for said purpose, is hereby approved, SECTION 4: Funding for said project is included in the FY 2021 Adopted Budget; and there is a current available budget in Project Number UT19M in the amount of $500,000.00. SECTION 5: An appropriation is HEREBY approved for the receipt and expenditure of the grants from Florida Division of Emergency Management (FDEM), in an amount of$431,668.50, and Florida Department of Economic Opportunity (FDEO), in an amount of$353,000.00. SECTION 6: 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. Temp. Reso. #13692 November 10, 2021 Page 6 of 7 SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: 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. #13692 November 10, 2021 Page 7 of 7 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ,v day of ,2021. ICHELLE J. GOMLZ MAYOR ATTEST: (JENNIFER)OHNSON, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ y DIST 1: COMM. BOLTON 76; DIST 2: COMM. GELIN _ r� DIST 3: VIM VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to f m. J H R. HERN, J CITY ATTOR n e c c e - - 1s- - - ---i $k' R si a R mK6 a.U. 'mra A 8=& 1:f a R a 'bszg e x8:8 .q;8 444 404 8g18 Q8g :4'8aa: i 55 3":' 0' 9."a 8aaa 1a" an - 8aa4aQy c o97 2gyi .!-f '?af 558 Vi.. ,98.fBa_ pp 3 g egg A B F q a 4 R a eh. 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E»A„„„8 B B B 9 9 r G„Z ❑E 8 8 5 a l §5 8 A 8 8 9 8 8 §8 5 8 a 8 8 sag a 8 8 8 8 8 a 8 8 8 8 8 IR 8 8 8 8 8 8 8 8 8 8 m 9 5 „E - 8 8 gig ' 8 8 8 8 8 8 8 8 8 8 8 8 ca E 8 E c i s 5 e 8 a i8F 82 M ., t 8 8 8 8 x8W 8 8 8 88 ' 88 8 A 9 8 8 S 9 5 8 8 8 8 8 8 M i 9 F F. A a g All 8 83 8 8 8 8 5 8 8 888 _ 4 C 8 8 8 8' ' 8 s G 8 8 4 L R & 888 » gg g g g g 5 5 g gig o g 88 8 8 8 8 8 8 8 8 8 8 m oa g i gat ig g g g g g S S ill 3 ; 8 8 8 8 8 , 8 8 8 8 8 8 8 8 8 888 H7 .„ „„ „ „ „ „ „ „ „ „„„gc s 8 1 g@$ o f CO W 88 8 a 8 8 8 8 8 8 8 8 ' N » „ »„ „„„„ „ „ „ „ „ - „ „„„ 9 X a I a 9 E G m a 1 _ T. n G gc s a s g _ 9 9 9gg S m 8 8 8 8 8 8 8 8 8 8 e 8 8 8 888 H TAMARAC City of Tamarac The City YourL Purchasing and Contracts Division CONSTRUCTION AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL FLORIDA CONTRACTING SERVICES, LLC. THIS AGREEMENT is made and entered into this i "day of viovemL 1--, 2Cj 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 All Florida Contracting Services, a Florida Limited Liability Company, with principal offices located at 3814 NW 126TH Avenue, Coral Springs, Florida 33065 (the"Contractor")to provide services for the installation of Lift Stations 16A, 34,37 And 2E Generators. 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. 21-05B for "LIFT STATIONS 16A, 34, 37 AND 2E GENERATORS", issued by the City of Tamarac on January 19, 2021 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 March 4, 2021, 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 21-05B for"LIFT STATIONS 16A, 34, 37 AND 2E GENERATORS" as issued by City, and the contractor's bid response; Bid 21-05B for"LIFT STATIONS 16A, 34, 37 AND 2E GENERATORS" 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 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. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and in the term of this regulations now in effect, or hereinafter enacted during TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 and the Florida Department of Economic Opportunity (DEO) 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 the Florida Department of Economic Opportunity (DEO) as additional insureds. 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 - $1M/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 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 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. 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. 4.3 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 Contractor'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 Two Hundred Seventy Days (270) 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 Two Hundred Forty Days (240) 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 shown on Exhibit A with a "not to exceed" total of Six Hundred Sixteen Thousand Three Hundred Ten Dollars ($616,310.00). 7. PAYMENTS Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of five percent(5%)will be deducted from each monthly payment through project completion, upon City review and approval. Retainage monies will be released upon TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division satisfactory completion and final inspection of the specific work order. Invoices must bear the bid number, project name, project number, and purchase order number. The City has up to twenty-five (25) business days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, 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 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. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 Two Hundred Forty (240) calendar days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Two Hundred and Seventy (270) 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 Five Hundred Dollars and Zero Cents ($500.00) 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, 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 TAMARAC City of Tamarac Th y For Purchasing and Contracts Division 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 Five (51 years 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 affected area or to interior structure. The five (5) 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 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 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. 15.3 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. 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 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 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Fox Rothschild LLP 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Attn: John R. Herin, Jr. CONTRACTOR Name: All Florida Contracting Services, LLC. Address:3814 NW 126th Avenue, Coral Springs, FI: 33065 FIN/EIN:26-3789060 Contract Licensee:CGC1517560 Contact: Michael J. Cox Email: mcox@afcs-co.com Phone: 954-775-7767 Fax: 954-753-3122 1 9.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. 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. TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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, 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. TAMARAC City of Tamarac City For Your Life Purchasing and Contracts Division The28. 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. TAMARAC City of Tamarac The City For Your Life 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 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 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, included herein as Exhibit B 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 1 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CDBG-DR funds available under this grant, as referenced in the Bid document. 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, 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 C ITYC LERK@TAMARAC.ORG 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 gpNIT tiPO,f, , signing by and through its President/Owner duly authorized to execute same. \\\� , •r4�9•0 CITY OF TAMARAC USN 4�� =� :eS‘A�g�3 ¢ Michelle J. Gomez, Ma r off✓ Se L •:°, •AT: - /7<fhkO/2&P n G nn, Interim City Manager itt. _ / it ND QQ 2t J nifer J I so , C C5;11A-411 Date ity Clerk //— /8- o�0,c9--/ Appr4, e�, as t. . I and legal .ufficiency: Date AtillE:111011ri IF ATTEST: A L FLORIDA CONTRACTING SERVICES, LLC. Company Name e Sign re of Cor..rate Sec -tary Signature of Pre ident Gird / Inr_r- Michael J. Cox T e/Print Name of Corporate Sep . President Type/Print p Y (CORPORATE SEAL) Date TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF rtOri COS- : COUNTY OF gio,c, 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 Michael J. Cox, President of All Florida Contracting Services, LLC., a Florida Limited Liability Company, 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 , 20 . j0/(A— 1(// ( Signature of Notary Public Notary Public State of Florida State of Florida at Large :off `. Tara Hom p My Commission GG 226423 �� y? d" Expires 06/07/2022 /'K6 or a Print, Type or Stamp Name of Notary Public Tr Personally, known to me or ❑ Produced Identification Type of I.D. Produced LDID take an oath, or CJ DID NOT take an oath. TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division FEE SCHEDULE EXHIBIT A # ITEM DESCRIPTION ESTIMATED UNIT UNIT COST TOTAL QUANTITY COST 1 Indemnification 1 Sump $10.00 $10.00 2 Mobilization/Demobilization 1 Lumpu $20,000.00 $20,000.00 3 As-Built/Record Drawings 1 Sump $3,000.00 $3,000.00 4 Bonds and Insurance 1 Lump m $8,000.00 $8,000.00 Addition of New Standby Generator System and all Associated Work at LS- 16A,Complete, Per Drawings and Specifications. Addition of New Standby Generator System and all Associated Work at LS-34, Complete, Per Drawings and Specifications. Addition of New Standby Generator System and all 5 1 Associated Work at LS-37, Lump $473,600.00 **$473,600.00 Complete, Per Drawings and Sum Specifications. Addition of New Standby Generator System and all Associated Work at LS-2E, Complete, Per Drawings and Specifications. **(Original bid price for generators were $156,600.00, $149,200.00, $162,500.00, $165,500.00 Less Alternate deductions of $160,200.00 = $473,600.00) TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Additional three (3) years 100% coverage, non- 6 prorated labor and material 1 Sump $4,000.00 $4,000.00 warranty for the complete generator system. Addition of New Automatic Transfer Switch and all 7 Associated Work at LS-18, 1 Sump $26,400.00 $26,400.00 Complete, Per Drawings and Specifications. Addition of New Automatic Transfer Switch and all 8 Associated Work at LS-18B, 1 Lumpu $22,200.00 $22,200.00 Complete, Per Drawings and Specifications. Addition of New Automatic Transfer Switch and all Lump 9 Associated Work at LS-2A, 1 Sum $23,600.00 $23,600.00 Complete, Per Drawings and Specifications. 10 General Conditions 1 Lump m $3,500.00 $3,500.00 11 NPDES Compliance 1 Lump m $1,000.00 $1,000.00 12 FPL Service Fee 1 Allowance $10,000 $10,000.00 13 Soils and Concrete Testing 1 Allowance $5,000 $5,000.00 14 Permit Fees 1 Allowance $16,000 $16,000.00 TOTAL: $616,310.00 Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards FEDERAL CERTIFICATIONS ADDENDUM FOR AGREEMENT FUNDED BY U.S. FEDERAL GRANTS TO WHOM IT MAY CONCERN: The project is projected be partially or fully funded through afederal grants. Therefore, Bidder / Proposer should familiarize themselves with all regulations and requirements contained in 2 C.F.R. part 200 before submitting bid / proposal.If the Bidder/Proposer is awarded the contract,this form shall become an Exhibit A of the Final Agreement. The following certifications and provisions may be required and will apply if the City of Tamarac expends funds from federal grants for any purchase resulting from this procurement process. Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases,awarded by the grant recipient shall contain the procurement provisions of Appendix II to Part 200,as applicable. APPENDIX II TO 2 CFR PART 200 (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. Pursuant to Federal Rule(A)above,when a Participating Agency expends federal funds,the Participating Agency reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party. Does Vendor agree?YES Initials of Authorized Representative of offeror (B)Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement.(All contracts in excess of$10,000) Pursuant to Federal Rule(B)above,when a Participating Agency expends federal funds,the Participating Agency reserves the right to immediately terminate any agreement in excess of$10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror in the event Offeror fails to:(1)meet schedules,deadlines,and/or delivery dates within the time specified in the procurement solicitation,contract,and/or a purchase order;(2)make any payments owed;or(3)otherwise perform in accordance with the contract and/or the procurement solicitation.Participating Agency also reserves the right to terminate the contract immediately,with written notice to offeror,for convenience,if Participating Agency believes,in its sole discretion that it is in the best interest of Participating Agency to do so. Offeror will be compensated for work performed and accepted and goods accepted by Participating Agency as of the termination date if the contract is terminated for convenience of Participating Agency.Any award under this procurement process is not exclusive and Participating Agency reserves the right to purchase goods and services from other offerors when it is in Participating Agency's best interest. Does Vendor agree? YES NO Initials of Authorized Representative of offeror (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 the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity"(30 CFR 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." Pursuant to Federal Rule(C) above, when a Participating Agency expends federal funds on any federally assisted construction contract,the equal opportunity clause is incorporated by reference herein. Does Vendor agree to abide by the above? YES 1 Initials of Authorized Representative of offeror (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 Page 1 of 5 Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards 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 subrecipient 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. Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair,offeror will be in compliance with all applicable Davis-Bacon Act provisions. Does Vendor agree? YES it' Initials of Authorized Representative of offeror (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. Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. Does Vendor agree? YES )° ° Initials of Authorized Representative of offeror (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 subrecipient 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 subrecipient 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. Pursuant to Federal Rule(F)above,when federal funds are expended by Participating Agency,the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror agrees to comply with all applicable requirements as referenced in Federal Rule(F)above. Does Vendor agree? YES 1446 Initials of Authorized Representative of offeror (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 subgrants 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 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). Page 2 of 5 Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Pursuant to Federal Rule(G)above,when federal funds are expended by Participating Agency,the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule(G)above. Does Vendor agree? YES p4t_ Initials of Authorized Representative of offeror (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. Pursuant to Federal Rule(H)above,when federal funds are expended by Participating Agency,the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from participation by any federal department or agency. Does Vendor agree? YES frt'' Initials of Authorized Representative of offeror (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. Pursuant to Federal Rule(I)above,when federal funds are expended by Participating Agency,the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process,the offeror certifies that it is in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment(31 U.S.C.1352). The undersigned further certifies that: (1) No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract,the making of a Federal grant,the making of a Federal loan,the entering into a cooperative agreement,and the extension,continuation,renewal,amendment,or modification of a Federal contract,grant,loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress,or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying",in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub- awards exceeding$100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly. Does Vendor agree? YES p41' Initials of Authorized Representative of offeror RECORD RETENTION REQUIREMENTS FOR CONTRACTS INVOLVING FEDERAL FUNDS When federal funds are expended by Participating Agency for any contract resulting from this procurement process,offeror certifies that it will comply with the record retention requirements detailed in 2 CFR§200.333. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.333 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports,as applicable,and all other pending matters are closed. Does Vendor agree? YES eg Initials of Authorized Representative of offeror Page 3 of 5 Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT When Participating Agency expends federal funds for any contract resulting from this procurement process,offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.6321 et seq.;49 C.F.R.Part 18). Does Vendor agree? YES /14C, Initials of Authorized Representative of offeror CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration,Federal Railroad Administration,or Federal Transit Administration funds,offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition. Does Vendor agree? YES /ram Initials of Authorized Representative of offeror PROCUREMENT OF RECOVERED MATERIALS REQUIREMENTS FOR—2 C.F.R.§200.322 Participating Agency 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.. Does Vendor agree? YES /71-6 Initials of Authorized Representative of Vendor CERTIFICATION OF ACCESS TO RECORDS—2 C.F.R.§200.336 Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any books,documents,papers and records of offeror that are directly pertinent to offeror's discharge of its obligations under the Contract for the purpose of making audits,examinations,excerpts,and transcriptions.The right also includes timely and reasonable access to offeror's personnel for the purpose of interview and discussion relating to such documents. Does Vendor agree? YES / Initials of Authorized Representative of offeror CERTIFICATION OF AFFORDABLE CARE ACT Offeror understands and agrees that it shall be solely responsible for compliance with the patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care and Education Reconciliation Act 111-152(collectively the Affordable Care Act"ACA").The Offeror shall bear sole responsibility for providing health care benefits for its employees who provide services as required by Federal law. Does Vendor agree? YES Ir4e Initials of Authorized Representative of offeror CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions. Does Vendor agree? YES /n'6 Initials of Authorized Representative of offeror Offeror agrees to comply with all federal,state,and local laws,rules,regulations and ordinances,as applicable.It is further acknowledged that offeror certifies compliance with all provisions,laws,acts,regulations,etc.as specifically noted above. Vendor's Name: All Florida Contracting Services, LLC. Page 4off5 Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Address,City,State,and Zip Code: 3814 NW 126t___h Avenue, oral brings, FL 33065 Phone Number: 954-775_7767 Fax Number: 954.753-3122 Printed Name and Title of Authorized Representative: Michael Cox President Email Address: mcox@afcs-co.com Signature of Authorized Representative: 'e Date: 02/24/21 Page 5 of 5 l e �i �n° S UTH FLORIDATER NAGS ENT DISTRICT REGISTERED VENDOR NO.: 117385 April 25, 2019 Mr. Michael Cox, President CERTIFICATION EXPIRATION DATE All Florida Contracting Services April 25,2022 3814 NW 126th Avenue Coral Springs, FL 33065 Dear Mr. Cox: Congratulations, the South Florida Water Management District (District) has recertified your firm as a Small Business Enterprise (SBE). This certification is valid for three (3) years and may only, be applied when business is conducted in the following area(s): Pollutant Storage Systems, Electrical and General Contracting Services Your submittal of bids or proposals to supply other products or services outside of the specialty area(s)noted above will not count toward SBE participation. If you require certification in other specialty areas,please contact the Procurement Bureau,SBE Section,for additional information. Renewal is required every three (3) years and should be requested a minimum of 45 days prior to the above expiration date. If any changes occur within your company during the certification period such as ownership, affiliate company status, address, telephone number, licensing status, gross revenue, or any information that relates to your SBE Certification status, you must notify this office in writing immediately. It is imperative that we maintain current information on your company at all times. FAILURE TO REPORT CHANGES MAY RESULT IN DECERTIFICATION. Certification is not a guarantee that your firm will receive work, nor an assurance that your firm will remain in the District's vendor database. We look forward to a mutually beneficial working relationship. Sincerely, Joni Lynn Fox Sr. Contract Compliance Specialist Procurement Bureau JLF/kk 3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • 1-800-432-2045 Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsfwmd.gov Client#: 110023 ALLFLO ACORD,v CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/22/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jaclyn Zito CBIZ Insurance Services, Inc. PHONE 561 278-0448 FAX (A/C,No,Ext): (A/C,No): 3945 W.Atlantic Ave E-MAIL Jacl n.Zito CBIZ.com Delray Beach, FL 33445 ADDRESS: Y 561 278-0448 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Evanston Insurance Co. 35378 INSURED INSURER B:Natl'Union Fire Ins Co of Pittsbrgh,PA 19445 All Florida Contracting Services, LLC Insurance Company of the West 27847 3814 NW 126th Ave. INSURER c: y INSURER D:GuideOne National Insurance Co. 14167 Coral Springs, FL 33065 INSURER E Old Dominion Insurance Co. 40231 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP W LIMITS INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY MKLV2PBCOOIO25 03/19/2021 03/19/2022,.EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISES(ERENTED nce) $100,000 X BI/PD Ded:5,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER:_ $ E AUTOMOBILE LIABILITY B1 P5808M 03/19/2021 03/19/2022 (Ea acccidentSINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ AUTOS ONLY X SCHEDULED BODILY INJURY(Per accident) $ AUS X AUTOS ONLY X NO - WNED PROPERTY DAMAGE $ AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR 6E063727411 03/19/2021 03/19/2022 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION$ _ $ C WORKERS COMPENSATION WFL504028203 03/19/2021 03/19/2022 X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 D Pollution Liab ENV56200464500 03/19/2021 03/19/2022 $1,000,000 per occur. $2,000,000 aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Tamarac SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7525 NW 88th Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Fort Lauderdale, FL 33321 AUTHORIZED REPRESENTATIVE ,'. f j'4' .rya eisf e•c.u-e rem- ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2708505/M2708421 80DT