HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-007T
Temp. Reso. #13225
January 9,2019
Page 1
CITY OF TAMARAC, FLORIDA
RESoLUIoN No. R-201e - 0 7
A RESOLUTION OF THE CITY COMMISS]ON OF THE CIry
OF TAMARAC, FLORIDA, AWARDING BID NO. 19-O8B TO
AND APPROVING AN AGREEMENT WITH FLORIDA
DESIGN DRILLING CORPORATION FOR THE WATER
TREATMENT PLANT RAW WELLS 10, 11 , 12 & 13
PROJECT, IN ACCORDANCE WITH BID NO. 19-O8B FOR A
CONTRACT AMOUNT OF $929,000.00; A CONTINGENCY
IN THE AMOUNT OF $92,900.00 WILL BE ADDED TO THE
PROJECT ACCOUNT FOR A TOTAL PROJECT BUDGET
OF $1,021,900; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING AN
APPROPRIATION IN AN AMOUNT NOT TO EXCEED
$252,814 TO FUND SAID PROJECT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac owns, operates and maintains a Water Treatment
Plant located at 7803 NW 61st Street; and
WHEREAS, the Water Treatment Plant has nineteen (19) raw water wells that
pump raw water from the Biscayne Aquifer into the Water Plant Treatment Process; and
WHEREAS, the City of Tamarac began a program in 2014 to convert raw water
wells from vertical turbine pumps to submersible pumps and has converted eleven (11)
raw water wells to date; and
WHEREAS, the Public Services Department is in the process of starting another
separate project to complete four (4) more wells; at this time the four (4) remaining raw
water wells will be converted as part of this project and will thereby complete the Raw
Water Well Rehabilitation Program at this time; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 19-088 for the Water
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Temp. Reso. #13225
January 9,2019
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Treatment Plant Raw Wells 10, 11 , 12 & 13 Project on October 10, 2018; incorporated
herein by reference and on file in the office of the City Clerk; and
WHEREAS, on November 14,2018, the City of Tamarac received six (6) proposals
for the Water Treatment Plant Raw Wells 10, 11,12 & 13 Project, a bid tabulation is
attached hereto as "Exhibit 1"; and
WHEREAS, staff determined the lowest responsive responsible bidder to be
Florida Design Drilling Corporation; and
WHEREAS, Florida Design Drilling Corporation possesses the required
knowledge and experience to construct the Water Treatment Plant Raw Wells 10, 11, 12
& 13 Project and has agreed to the Terms and Conditions, Special Conditions, and
Technical Specifications of Bid No. 19-088; and
WHEREAS, an appropriation in an amount not to exceed $252,814 will be required
to fund said project; and
WHEREAS, it is the recommendation of the Public Services Director and
Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 19-
088 and execute the agreement with Florida Design Drilling Corporation for the Water
Treatment Plant Raw Wells 10, 11, 12 & 13 Project, a copy of said agreement is attached
hereto as "Exhibit2"; 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. 19-
088 and execute the agreement for the Water Treatment Plant Raw Wells 10, 11, 12 &
13 Project with Florida Design Drilling Corporation for a contract amount of $929,000.00;
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Temp. Reso. #13225
January 9, 2019
Page 3
a contingency in the amount of $92,900.00, for a total project budget of $1,021,900.
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 hereof.
SECTION 2 The City Commission HEREBY awards Bid No. 19-088 to
Florida Design Drilling Corporation and approves an Agreement between the City of
Tamarac and Florida Design Drilling Corporation ("the Agreement") and the appropriate
City Officials are HEREBY authorized to execute the Agreement, attached hereto as
"Exhibit 2", to provide for the Water Treatment Plant Raw Wells 10, 11, 12 & 13 Project.
SECTION 3 An expenditure for a contract cost of $929,000.00; and a
contingency in the amount of $92,900.00, for a total project budget of $1,021,900 for said
purpose is HEREBY approved.
SECTION 4: An appropriation not to exceed $252,814 is HEREBY
approved and shall be included in a Budget Amendment prior to November 30, 2019.
SECTION 5 The City Manager or his designee is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes, but is not limited to,
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions and pricing of the
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Temp. Reso. #13225
January 9,2019
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agreement
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflact.
SECTION 7 lf 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 is intentionallv left blank
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Temp. Reso. #13225
January 9, 2019
Page 5
This Resolution shall become effective immediately upon itsSECTION 8:
passage and adoption
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAM S
CITY ATTORNEY
@,
\
PASSED, ADOPTED AND APPROVED this ay
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
2019
MICHELL OMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: V/M PLACKO
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CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING ATVD COilTRACTS D'Y'S'O/V
" Comm ilted to Exc el I en ce... Always"
httos:/rtamarac. bidsandtenders.oro
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAG
AND
FLORIDA DESIGN DR!LL!NG CORPORATION
THIS AGREEMENT is made and entered into this _ day of _, 20- by and
between the City of Tamarac, a municipal corporation with principal offices located at7525 N.W. 88th
Ave.,Tamarac,FL33321(the..ClTY,,)andaFloridacorporation
with principal offices located at 7733 Hooper Road West Palm Beach. FL 33411 (the "Contracto/') to
provide construction services for Water Treatment Plant Raw We!!s 10.11.12 & 13 Upqrades
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor
agree as follows:
1) THECONTRACTDOCUMENTS
The Contract Documents consist of this Agreement, Bid Document No. 19-088 for "Water
Treatment Plant Raw Wells 10.1 1 .12 & 13 Uporades", issued by the City of Tamarac on October
10. 2018 including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions, !nstructions to Bidde/s), drawings and/or schematic plans, Technical
Specifications, all addenda, the Contractor's Bid response dated November 14. 2018, and all
modifications issued after execution of this Agreement. These contract documents form the
Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or
repeated therein. ln the event that there is a conflict between Bid 19-088 for "Water Treatment
Plant Raw Wells 10.1 1 .12 & 1 3 Upqrades" as issued by City, and the contractor's bid response;
Bid 19-088 for "Water Treatment Plant Raw Wells 10.11.12 & 13 Uoorades" as issued by City
2l
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.
THE WORK
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
,fAnl|ARAC;
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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.
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.
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.
Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
2.1.1
2.1.2
2.1.3
2.1.4
19-O8B -WaterTreatmentPlantRawWells 10,11.12 & 13 Upgrades 1
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
3) TNSURANCE
TAMARAC
,8-at-',
PU RC H AS ING AIYD CO'VIRACTS D'WS'Oil
" Comm itled to Excellen ce... Always"
https:/namarac.bidsandtende13.omfhs City Fry \'ltur Ut"
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, CommercialGeneral Liability, Builder's Risk and all
other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors comply with the
above guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
lnsurance 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 lnsurance 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 - $1M/$2M. Automobile - $1M/$1M. Wokers Comp - Statutoryo Contractors pollution liability - $1M/$2M
4I 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 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. lf the surety on any bond furnished by the
19-O8B - Water Trealment Plant Rauy Wells 10 11.12 & 13 Upgrades 2
CIW OF TAilARAC
7525 NW 88th Ave
Tamarac, FL 33321
TAMARAC..eTh. Ctty Fo{ }bur Uto
PURCtTAStilG A,VO COMRACTS DTWSTOA'
" Comm ifted to Ex c el I ence...Always"
htos :/namarac. bidsandtenders.oro
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.
5)
4.3 Such bonds shall continue in effect for one ('1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with
the final sum of said bonds reduced after final payment to an amount equal to twenty
five percent (25Yo) of the Contract price, or an additional bond shall be conditioned that
the Contractor correct any defective of faulty work or material which appear within one
(1) year after final completion of the Contract, upon notification by CITY. The Warranty
Bond shall cover the cost 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 Biddeds
expense. Proof of recording must be submifted 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
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
and Sixty (260) Calendar days for Fina! 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
Gompletion) within Two Hundred and Thirtv (230) 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. ln 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.
CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of
Thousand Dollars and 4 cents ($929,@).Nine Hundred Twentv-Nine
7I PAYMENTS
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until fifty
percent (50%) of the project is complete. Retainage will be reduced to five percent (5%)
thereafter. Retainage monies will be released upon satisfactory completion and final inspection
of the work. lnvoices must bear the Water Treatment Plant Raw Wells '10,1 1,'12 & 13 Upgrades,
project number, bid number and purchase order number. City has up to thir$ (30) days to
review, approve and pay all invoices after receipt. The Contractor shall invoice the City for final
19-o8B -WaterTreatment Plant Raw Wells 10,11.12 & 13 Upgrades 3
6)
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
s)
PURC H AS ING AA'D CO'\TRACIS D'WS'O'V
" Co mm itled to Exc el I ence... Always"
httos://tamarac, bid3andtender3.oro
payment and provide a written request to the City to commence the one (1) year warranty
period, from the date of City approval of Final Payment. All necessary Releases of Liens and
Affidavits and approval of Final Payments shall be processed before the warranty period begins.
All payments shall be governed by the Florida Prompt Payment Act, F.S., Part Vll, Chapter 218.
REMED!ES
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
Contracto/s failure to perform in accordance with the requirements of this Agreement.
8.2 Correction of Work: lf, 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.
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
Contracto/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 pafi 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 wriften
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.
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
afterthe 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.
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8)
19-O8B -WaterTreatfientPlant RawWells 10,11 12 & 13 Upgrades 4
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
10)
11)
TAMARAC.er.PURC HASINC A'VO CONIRACTS O'WS'O'V
" Comm ilted to Excel len c e... Always"
httos:/ltamarac.bidsandtender!.oro
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 projecl 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 ln 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. lf 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 Contracto/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.
LIQUIDATED DAMAGES
Project Substantial completion shall be within Two Hundred and Thirtv (230) calendar
days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be M
Hundred and Sixtv (260) 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 for each
calendar day beyond the time imposed until such work is completed.
NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOGUMENTS 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. ln addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work, or
by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased
by Change Order in order to equitably increase the general conditions component of the
19-O8B -WaterTreatment Planl RawWeils 10.11.12 & 13 Upgrades 5
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
TAMARAC,rr1,.-4,'\ar:Iha City For \rour Lils
PURCHASING AI.'O CO'VIRACIS D'Y'S'O'V
"Committed to Excerrence...Always"
httos:r/tamerac. bidsandtender3.orq
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 Contractot'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 e(ension 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.
121 WATVER OF LTENS
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
Owne/' 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 two (2) years from the date of City
approval of final payment. ln the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to the affected area or to interior structure. The @-j![ 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.
141 !NDEMNtFtCATtON
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 proper$ 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
r5) NON-DISCRTMTNATION & EQUAL OPPORTUNTTY EMPLOYMENT
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, religion, color, gender, national origin,
sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractorwill take affirmative action to ensure that employees are treated during
employment, without regard to their race, religion, color, gender or national original, or disability.
19-oAB -WaterTreatmentPlanl RawWelE 1A,11.12 & 13 Upgrades 6
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
rarrnAnaci
/1---1.-t-2
Th. Ctty Fs lfanr Ute
PURCHASING A'VD COIVIRACTS D'WS'OA'
" Com m itted to Exc el lenc e... Always"
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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 shall agree to post in conspicuous places, available to 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
Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
16) TNDEPENDENTCONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. lt 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 lnsurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the lnternal Revenue Code, the State Worke/s Compensation Act, and the State
Unemployment lnsurance 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 incuned by
Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.
171 ASSTGNMENT AND SUBCONTRACTTNG
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.
f 8) NOTTCE
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Name: FLORIDA DESIGN DRILLING CORPORATION
19-O8B -WaterTreatment PlantRawWeUs 10,11.12 & 13 Uryrades 7
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURC H AS INC A/VD CONTRACTS D'Y'S'O'V
" C o mm itted to Ex c el I ence...Always"
hfr pr://tamarac. bidsandtenders.oro
Address:7733 HOOPER ROAD WEST PALM BEACH, FL 33411
FIN/ElN:20-2779560
Contract Licensee: Genera I Contractor (GC) : CGC 1 5221 04
Contact:Jeffrey Holst: Vice President
Email: jeff@fldrilling.com
Phone: 561 -844-2966
Fax: 561-844-2967
19) TERMTNATTON
t9.t 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. ln 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.
201 AGREEMENT SUBJECT TO FUNDTNG
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.
211 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.
221 STGNATORY AUTHORTW
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
23) SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the
remainder of this Agreement.
241 UNCONTROLLABLECTRCUMSTANCES
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
TAMARACte.,2
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19-088 -WaterTreatmen! Plant RavyWells 10.11.12 & l3Upgrades I
Th6 City For \6ur Lil6
TAMARACa#*'\rd.'
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURC H A9ING A,VD COTVIRACTS oryrsrorv
" Com m itted to Exc ell ence...Always"
httos:r/tamarac. bidsandtonder3.oro
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 controlof the nonperforming par$. lt includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civildisturbance, sabotage,
and govemmental actions, such as delays in permitting due to outside agencies, which
are beyond the Contractois contro!.
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 pafi 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 CONSTRUCTTON AGATNST DRAFTTNG 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 othenrvise 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.
271 CONTTNGENT 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.
28) scRUTlNlzED COMPANTES - 287.135 AND 21 5.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of lsrael. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott lsrael list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the lran 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 contracl for the
provision of goods or services with any scrutinized company referred to above.
19-088 -WaterTrealmentPlant RawWells 10.11 12 & 13 Upgrades I
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
TAMARAC/4-'4.\-,
Ths City For \bur Ute
PURCHASING A'VD CO'{TRACTS D'Y'STOil
" Com m itted to Excellence... Always"
httos:/ltamarac. bidsandtanders.orq
28.2 Submifting 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. lf 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 thatthe determination of false certification was made
in error. lf 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 pursuantto Section 287.135, Florida Statutes, as amended from
time to time.
291 PUBLTC RECORDS
29.1 The City of Tamarac is a public agency subject to Chapter 1 19, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
29.1.1 Keep and maintain public records that ordinarily and necessarily would be required
by the City in order to perform the service;
29.1.2 Provide the public with access to such public records on the same terms s that the
City would provide the records and at a cost that does not exceed that provided in
chapter 119, Fla. Stat., or as otherwise provided by law;
29.1.3 Ensure that public records that are exempt or that are confidential and exempt
from public record requirements are not disclosed except as authorized by law;
and
29.1.4 Meet all requirements for retaining public records and transfer to the City, at no
cost, all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
and exempt. All records stored electronically must be provided to the City in a
format that is compatible with the information technology systems of the agency.
29.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the Default
in accordance with the provisions set forth in, "Termination", herein.
30) GUSTODTAN 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
19-088 - Water Treatment Planl Raw Welts 10,1 1 .12 & I 3 Upgrades 10
ForlhrlJl|
IAMARAC/n-r-t-,Ih.
CITY OFTANARAC
7525 NW 88th Ave
Tamarac, FL33321
PURCHAS'NG A'TO CO'i,,'iRACTS D'I/'S'O'V
- Comm lttd to Excelteaco...Always'
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(e54) 597-3505
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Balance of Page lntentional Left Blank
1 9-OAB - Water Tr&atment Planl Raw Wells 1 0, I 1, 1 2 & 13 Upgrades 1 1
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TAMARAC{4,*N
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
Patricia A. Teufel, CMC
City Clerk
,lr"lt1
Ddte I
ATTEST
Signature of Corporate
Type/Print Name of Corporate Secy
(coRPoRATE SEAL)
PURCHASTNC A rD COTVTRACTS O'vrsloil
" Com mitted to Ex c ell ence...Always"
httpt:r/tamarac. bidsandtende13.orq
lN WTNESS 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 Vice President duly authorized to execute same.
CITY TAMARAC
Mich e J. Gomez,
ATTEST:c , City Manager
".\---.^-l- lf-t1
Date
as to legal sufficiency
//q/n
Date
FLORIDA DESIGN DRILLING CORPORATIONO/L,fu
S i6at/re o=tjlce Preside nt
Jeffrev Turner Holst
Name of Vice President
/2,4*,/zolt
Date
19-088 -WaterTreatment Plant RawWelE 1A,11.12 & 13 Upgrades 12
Yhs City For\hur Ltfa
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING A'\'O COIVIRACTS D'II,SIOA'
" C ommitted to Exeellen ce...Always"
https ://tamarac. bidsandtenders.orq
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared
President of a Corporation, to me known to be the person(s) described in
and who executed the foregoing instrument and acknowledged before me that he/she executed the
same.
WITNESS my hand and official seal this day of Is.c';o'tit- /tr ,20 t& .
Signature Public
Personally known to me or
Produced ldentification
Type of l.D. Produced
DID take an oath, or
DID NOT take an oath.
SS
Na
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MCGEE
Notary Public - Statc of Florida
Commission { G6 129/64
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19-A8B -Water Trcatment Plant Raw Wells 10.11.12 & 13 Upgrades 13
.ACORD'I
FLORDES.Ol
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYYI
12t14t2018
THIS CERTIFICATE IS ISSUED AS A TATTER OF INFORISATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERT]FICATE DOES NOT AFFIRTATIVELY OR NEGATIVELY ATIENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF I]{SURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUING TNSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certlflcate holder le an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provlslons or bo endorsed.
It SUBROGATION lS WAIVFD, subJect to the tems and conditions of the policy, certaln policies may rsqulre an endorcement A statement onthis cortificate does not confer rights to the certlflcate holder in lleu of such e-ndorsemen(s).
ne
lJ8.tEo. e'o, (561) 868-6291 427-6730
INSURERTSI AFFORDING COVERAGE NAIC *
PROOUCER
Colllnsworth, Alter, Lambert, LLC
3lir?i6luskee street
Juplter, FL33177
tirsuREP a ,Zurich American lnsurance 16535
lilsuRER B : Landmark American lns co
rNsuRER c : Navioatons Soecialtv lnsurance co
rNsuRER D:A30en American lnsurance comoanv 43460
INRIIPFP F '
Florlda Delgn Ddlling Corporatlon, I{DCR LLC
7733 Hooper Rd.
West Palm Beach, FL 33411
INSUREO
INSURER F
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW}iAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWTHRESPECTTOT/\ftIICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREINISSUBJECTTOALLTHETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOIAAI MAY HAVE BEEN REDUCED BY PAID CI.AIMS.
INSRtm TYPE OF INSURANCE POLICY NUTIBER POUCY EFFtMutnD,m POUCY EXPlIMmnffit UMITS
1,000,0003EACH OCCURRENCE
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1,000,000tPERSONAL & ADV INJURY
GFNFRAI AGGRFGATF 2,000,0003
PP6N I'TS. (:r)MP/r)P AGG 2,000,0003
A COTIIIERCIAL GENERAL LIABILITY
x
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x
POLICY
CLAIMS.MADE OCCUR
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A AUTOMOBILE LI,ABIUTY
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SCHEDT,LEDAUTOS
NONOVM{EDAUTOS ONLY
x
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PIP 10,000s
x FACH OCCI.'RRENCE 4,000,0003x
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1,000,0003E.L. DISEASE - EA EMPLOYET
A WORKERS COIPENSANONAND EMPLOYERS' LIABIUTY
ANY PROPRIETOR,/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?(Mlndetory ln ilHl
lf vss. (bscrib€ underoFscRtPTtoN oF oPFRAT|oNS Mil
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OESCRPnONOFOPEMnOilSTLOCATIONSTVEHICLES (ACORDl0l,Addldon.lRemdcSchodulo,rEybeatt chedllmom3p.mlsEqulcdlBid No. 18{88 - Water Treatment Plant Raw Wells 10,11,{2 & 13 Upgradesfhe certifacate holder is included as additional insured for ongoing and completed operations on the general liabilaty per CG2O1O|0413, and CG2037/(X13 and
auto liability when required by writtcn contract. General Liability is primary and non- contributory when required by written contract Waiver of subrogation
applies to General Liability, Auto, and Workorc' Compensation coverages for the additional insureds when requi!€d by written contract. The Excess Liability
policy extends over the General Liability, Auto, and Employers Liability coverages per policy forms and conditions, Cancellation applies per policy terms and
conditions.
SHOULD Al{Y OF THE ABOVE DESCRIBED POLICIES BE CAI{CELLED BEFORE
THE EXPIRATION DATE THEREOF, NONCE WLL BE DELIVERED IN
ACGORDAilCE wlTH THE POLICY PROVISIONS.City of Tamarac, a munlcipal corporation
7525 NW SEth Avenue
Room 108
Tamarac, FL 3332{
€--
AUIHORIZED REPRESENTATIVE
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 25 (2016103)