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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-017Temp. Reso. #13229 January 2, 2019 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019 L 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 18-23RB TO AND APPROVING AGREEMENTS WITH HYVAC, INC. AND MASTER MECHANICAL SERVICES, INC. FOR THE REPLACEMENT OF THE HVAC UNITS IN VARIOUS CITY FACILITIES FOR A COMBINED TOTAL CONTRACT AMOUNT OF $571,232.00 AND A COMBINED CONTINGENCY IN AN AMOUNT OF $57,123.00, WILL BE ADDED TO THE PROJECT FOR A TOTAL PROJECT BUDGET OF $628,355.001 AUTHORIZING AN APPROPRIATION IN AN AMOUNT NOT TO EXCEED $94,798.00 TO FUND SAID PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has determined that the life expectancy of the current heating, ventilating, and air conditioning (HVAC) units at Various City Facilities have reached their useful life expectancy; and WHEREAS, the City published Invitation to Bid No. 18-23RB for the replacement of the HVAC units at Various City Facilities, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on December 19, 2018, two (2) 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. 18-23RB is included herein as "Exhibit 1 ", incorporated herein and made a specific part of this resolution; and WHEREAS, City staff reviewed the bids from HyVac, Inc. and Master Mechanical Services, Inc., and determined both to be responsive and responsible bidders; and Temp. Reso. #13229 January 2, 2019 Page 2 WHEREAS, City staff determined it would be advantageous to split the award of Bid No. 18-23RB between HyVac, Inc. and Master Mechanical Services, Inc., awarding the respective locations to which each bidder proposed the lowest cost, as detailed in the Bid Tabulation, attached herein as "Exhibit 1 ", incorporated herein and made a specific part of this Resolution, and WHEREAS, City staff recommend the split award of Bid No. 18-23RB to and recommend approval of an Agreement with HyVac, Inc., for replacement of the HVAC at the Broward Sheriff's Office (located at 7515 NW 88t' Avenue), Recreation Center (located at 7501 N University Drive), Public Services North Building (located at 6011 Nob Hill Road), and Park & Recreation Administration Building (located at 6001 Nob Hill Road), at a contract cost of $283,272.00, a contingency in the amount of $29,327.00 will be added to the project locations for a total budget of $322,599.00" a copy of the Agreement between the City of Tamarac and HyVac, Inc. is attached herein as "Exhibit 2", incorporated herein and made a specific part of this Resolution; and WHEREAS, City staff recommend the split award of Bid No. 18-23RB to and recommend approval of an Agreement with Master Mechanical Services, Inc. for replacement of the HVAC at the Aquatics Center (located at 9300 NW 58th Street), City Hall (located at 7525 NW 88th Avenue), and Public Services South Building (located at 10101 State Street), at a contract cost of $277,960.00, a contingency in the amount of $27,796.00 will be added to the project locations for a total budget of $305,756.00; a copy of the Agreement between the City of Tamarac and Master Mechanical Services, Inc. is attached herein as "Exhibit 3", incorporated herein and made a specific part of this Resolution; and 1 L Temp. Reso. #13229 January 2, 2019 Page 3 WHEREAS, the Public Services Director, Financial Services Director, and Purchasing and Contracts Manager recommend that the City Commission award Bid No. 18-23RB and authorize Agreements with HyVac, Inc. and Master Mechanical Services, Inc. for the replacement of the HVAC units at Various City Facilities, copies of the Agreements between the City of Tamarac and HvVac, Inc. and Master Mechanical Services, Inc. are hereto attached as Exhibit 2 and Exhibit 3, respectively, and are made a specific part of this Resolution; 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. 18- 23RB to and authorize Agreements with HyVac, Inc. and Master Mechanical Services, Inc. for the replacement of the HVAC units at Various City Facilities for a combine contract amount of $571,232.00 and a combined contingency, in an amount of $57,123.00, will be added to the project for a total project budget of $628,355.00. 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. #13229 January 2, 2019 Page 4 SECTION 2: The City Commission HEREBY awards Bid No. 18-23RB to HYVAC, INC. and approves an Agreement between the City of Tamarac and HYVAC, INC. ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", for the replacement of the HVAC units at the Broward Sheriff's Office (located at 7515 NW 88th Avenue), Recreation Center (located at 7501 N University Drive), Public Services North Building (located at 6011 Nob Hill Road), and Park & Recreation Administration Building (located at 6001 Nob Hill Road), at a contract cost of $283,272.00, a contingency in the amount of $29,327.00 will be added to the project locations for a total budget of $322,599.00. SECTION 3: The City Commission HEREBY awards Bid No. 18-23RB to HYVAC, INC. and approves an Agreement between the City of Tamarac and Master Mechanical Services, Inc. ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 3", for the replacement of the HVAC units at Aquatics Center (located at 9300 NW 58th Street), City Hall (located at 7525 NW 88th Avenue), and Public Services South Building (located at 10101 State Street), at a contract cost of $277,960.00, a contingency in the amount of $27,796.00 will be added to the project locations for a total budget of $305,756.00. SECTION 4: A combined expenditure for a contract cost of $571,232.00 and a contingency, in an amount of $57,123, will be added to the project for a total project budget of $628,355.00 for said purpose is hereby approved. SECTION 5: An appropriation not to exceed $94,798.00 is HEREBY approved and shall be included in a Budget Amendment prior to November 30, 2019. 1 Temp. Reso. #13229 January 2, 2019 Page 5 SECTION 6: The City Manager, or his designee, are hereby authorized to make changes, issue change orders in accordance with section 6-1470) of the City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. 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 intentionally left blank Temp. Reso. #13229 January 2, 2019 Page 6 SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED ADOPTED AND APPROVED this / 3 day of � �� , 2019. ICHELLE J. 6bMEZ MAYOR ATTEST: PATRICIA TEUF L, C CITY CLERK f` RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN i�-- DIST 4: V/M PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM ;�"VSAMUtL S. GOREN CITY ATTORNEY 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O) 0 0 0 g o 0 u_ n Nmo o 0 0 oleo 0 0 0 C C F- m to C O � L .N-i O yj t/? L1 iA VT vT V1 N vT O Lo O lD Cv C u al a O OOOOOO o 0 0 o . 0 0 0 o N N Gn N Ln 00 0 0 0 0 L4 to a` +rn00L000 ... •� (G m Ln N V n Lr l0 rL ti� (Y cf N V? V1 VT vi vi N v1 an SO O O O O O O O O O O O O S O fa H n m Ln lD N L!1 'i V n In O l N O F- v O m o rL o 0 u o c N to v1 VY Vl vl V1 t/? � M N n ru V M N S 00 S 0 0 0 pp 0 ], y 0�1 Qm1 a e-1 h o� tit lolnLn.-,o� N N Vf an an VT �A vt• t/1 to Q) Y v ? 7 O a to C t0 Y C C C Q E O= L Z Y v Y al al Y Y al al Y al N a Q Q. £ a 3333�33 m o E i- v c a) Q U Q > > > > > > > > � m ` Q N N Vl ✓1 V1 v1 � Vl Q as C _ c ai > a E n E a E a E Cl a E E a E n� E -Q =p S > ` Q � c U � � Y NW cc 1 � � m N m m o m o N M 1 N N •y m N N m EMM M r'1 — ti N m ro H J m LL J Ql U � ♦_ J N L � O `u E u Z O N - N S 2 E E n W j O Z Z)O z O Z Q cc,Z - ti , ti Z L w lOD lOD p O J p C Z Z O u C N S U N a) m u u N Ln Z Z O O U N � u Q a E E J TAMARAC The City For Your Life SERVICE AGREEMENT BETWEEN THE CITY OF TAMARAC AND HYVAC, INC THIS AGREEMENT is made and entered into this day of 208by and between the City of Tamarac, a municipal corporation with principal officesffocated at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Hyvac Inc. a Florida corporation with principal offices located at 312 S. Military Trail Deerfield Beach, Florida 33442 (the "Contractor") to provide services for Citywide HVAC Improvements 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. 18-23RB for "Citywide HVAC Improvements", issued by the City of Tamarac on October 28, 2018 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 December 19, 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. In the event that there is a conflict between Bid 18-23RB for "Citywide HVAC Improvements" as issued by City, and the contractor's bid response; Bid 18-23RB for "Citywide HVAC Improvements" as issued by City shall take precedence over the contractor's bid response. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2) THE WORK 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents including all Addendums, Exhibits, Attachments and Appendices. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this TAMARAC The City For Your Life City o/ Tamarac purchasing and Contracts Divsion Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) INSURANCE 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: General Liability - $1 M/$2M Automobile — $1 M/$1 M Workers Comp - Statutory 4) TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 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 One Hundred Twenty (120) 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 Ninety (90) calendar days from issuance of City's Notice to Proceed. 4.2 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. 5) CONTRACT SUM �3r r3 i'c_ TAMA� RAC The City For Your Life City of Tamarac The and Contracts Division The Contract Sum for the above work is a "not to exceed" total Two Hundred Ninety - Three Thousand Two Hundred Seventy -Two Dollars and Zero Cents ($293,272.00) For Bid Items: Indemnification, 3: Broward Sheriff's Office, 4: Recreation Center, 6: Public Services North and 7: Park Admin Building. 6) PAYMENTS 6.1 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. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. 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 VII, Chapter 218. 7) REMEDIES 7.1 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. 7.2 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. 8) CHANGE ORDERS 8.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 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. 8.3 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. �?rl3 K C..,;rvr� r�UA^trr� .�.rrncnr; 3�%e,.,,,r� City of Tamarac 9) TAMARAC The City For Your Life Purchasing and Contracts Divi,ion 8.4 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. 8.5 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. 8.6 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. 8.7 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. 8.8 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. LIQUIDATED DAMAGES Project Substantial completion shall be within Ninety (90) calendar days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Thirty (30) calendar days from date of substantial completion, totaling One Hundred Twenty (120) calendar days. All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in 6.. 3 i- Roc fy�na;; IVAC ? t-„v�i.�ent� 4 F v c TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 Three Hundred Dollars and Zero Cents ($300.00) for each calendar day beyond the time imposed until such work is completed. 10) 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 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. 11) 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. 12) WARRANTY Contractor warrants the work against defect for a period of four 4 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 the affected area or to interior structure. ?8- 3r2•s Rebid ; rywr•7c tib'AC irnproverncn' TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division The four 4 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. 13) INDEMNIFICATION 13.1 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. 13.2 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 14) NON-DISCRIMINATION & EQUAL OPPORTUNITY 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 Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. 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. 15) 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 !r, 3 'cs - Fee) t t ;'grid, M//V. ir. H „m<r: - Al 1 The City For Your Life City of Tomoroc Purchasing and Contracts Div+lion 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. 16) 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. 17) 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 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: Hyvac Inc. Address:312 South Military Trail Deerfield Beach, Florida 33442 FIN/EIN:65-0164358 Contract Licensee:CMC050326 Contact:Bryan Dart Email: bdart@hyvacinc.com Phone: 954-427-3811 Ext. 4 Fax: 954-426-3762 18) TERMINATION 18.1 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. 18.2 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 'e3-�3r?,i City of Tamarac 19) 20) 21) 22) 23) TAMARAC The City For Your Life Pi,,. chasing and Contracts Division Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 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. 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. 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. 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. UNCONTROLLABLE CIRCUMSTANCES 23.1 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. 23.2 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. TAMARAC The City For Your Life City of Tamarac P;j(chaOny and Contracts Oivi.sion, 24) 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. 25) 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. 26) 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. 27) PUBLIC RECORDS 27.1 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: 27.1.1 Keep and maintain public records required by the CITY in order to perform the service; 27.1.2 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. 27.1.3 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. 27.1.4 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 TAMARAC The City For Your Life of Tamarac Furcha5irg and Cootracts Division 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. 27.2 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. 28) SCRUTINIZED COMPANIES - 287.135 AND 215.473 28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 28.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 29) 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 I TYC L E R K@TAMARAC . O RG %u_?r'= ,,f,.,c" TAMARAC The City For Your Life IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Owner duly authorized to execute same. AR M .. AC p tvA R D COS, Patricia A City Clerk CITY Of TAMARAC Mich Ile J. Gomez, May chael C. Cernech, City Manager Ap rdved as to f rm and legal sufficiency: Date \/' I t ATTEST: SignayGre of Corporate ecretary P7/t-v,/9 002,;, g/3 Type/Print Name of Corporate Secy. (CORPORATE SEAL) tiny Attorney :=A Date H ac Inc Signature Owner Anael Cabrera Type/Print Name of Owner I I Date TAMARAC The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF �.Z"�r1uT�( : 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 Angel Cabrera, Owner of HWac Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of �'� ����1'� , 20 to of FiAekk etitarge '��• NOWr'*k - Sbte of Florida • C�NMllipie� I FF 245347 ame Personally, known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID TAKE AN OATH, OR DID NOT TAKE AN OATH. 't�wt� - 'r�dK9 `y �{feN ',� HYVAINC-01 WENDY ACORO'" CERTIFICATE OF LIABILITY INSURANCE DATE(M �-� 1/22/201YYY) 2019 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure, LLC d/b/a InSource 9500 South Dadeland Boulevard 4th Floor Miami, FL 33156-2867 INSURED Hyvac Mechanical Services, Inc 312 South Military Trail Deerfield Beach, FL 33442 ac°O,,"N , Ft): (305) 670-6111 (a , No):(305) 670-9699 '' ADDRESS; email@insource-inc.com 1 E-MAIL - _INSURER(SLAFFORDING COVERAGE NAIC_N___ INSURER A: Continental Casual Company 20443 INSURER 8_Continental _Insurance Company 35289 __ INSURER c:Valley Forge Insurance Co_ 20508 INSURER D : INSURER E : COVFRAGFS CFRTIFICATF N111URF17- RFVICInN NIIMRFR- 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF I POLICY EXP LTRA T LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE . $. 1,000,000 CLAIMS -MADE '.. X OCCUR X 6056677225 01/01/2019 01/01/2020 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 15,000 _ MED EXPO y one person) ._$ -_ - PERSONAL & ADV INJURY $ — --- -- —AT 1,000,000 IITAPPLIEiI PER: EN'L AGGREGATE_ S PER: III' G AGGREGATE , $ i 2,000,000 PLI POLICY ''.. _GENERAL 2,000,000 LX-, JECT i_ _PRODUQT_S_COMP/O_PAGG $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidentl- --- $ 1,000,000 X ANY AUTO 6056677211 01/01/2019 01/01/2020 - _ BODILY -INJURY -(Pederson OWNED SCHEDULED'. _., AUTOS ONLY _ _ _ AUTOS BODILY INJURYiPeraccide�_$_ X NON -OWNED $ ;AUTOS ONLY _.X .AUTOS _ erOaccdentAMAGE B X UMBRELLA X OCCUR EACH OCCURRENCE $ 5'000'000 ExcEss ABAB i ,CLAIMS -MADE 6056677242 01/01/2019 01/01/2020 AGGREGATE_ _ $ 5,000,000 DIED X RETENTION $ 10,000 C WORKERS COMPENSATION I 'I AND EMPLOYERS LIABILITY X i PER '- OTH- -._._ STATUTE _ -ER WC656677239 01/01/2019 01/01/2020 Y / N' ANY PROPRIETOR/PARTNER/EXECUTIVE NJ, E.L. EACH ACCIDENT $ 1,000000 OFFICER/MEMBER EXCLUDED? N/A in NH) __ _ _ _ --- 1, 000,000 (Mandatory E.L. DISEASE - EA EMPLOYEE; $_ yes, describe under _ 1,000,000 D DESCRIPTION OF OPERATIONS below '. E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Tamarac is included as additional insured with respects to General Liability, when required by written contract or agreement. CFRTIFICATF 14nl nFR t`AIdPCI I ATInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tamarac Purchasing Dept. Room 108 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7525 NW 88th Ave AUTHORIZED REPRESENTATIVE Tamarac, FL 33321 y � ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TAMARAC The City For Your Life Tamarac Purchosina and Contracts Division SERVICE AGREEMENT BETWEEN THE CITY OF TAMARAC AND MASTER MECHANICAL SERVICES INC. THIS AGREEMENT is made and entered into thisa ay of 20/ by and between the City of Tamarac, a municipal corporation with principal offices Gated at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Master Mechanical Services, Inc. a Florida corporation with principal offices located at 15181 NW 33 PI Miami, FL 33054 (the "Contractor") to provide services for Citywide HVAC Improvements 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. 18-23RB for "Citywide HVAC Improvements", issued by the City of Tamarac on October 28, 2018 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 December 19, 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. In the event that there is a conflict between Bid 18-23RB for "Citywide HVAC Improvements" as issued by City, and the contractor's bid response; Bid 18-23RB for "Citywide HVAC Improvements" as issued by City shall take precedence over the contractor's bid response. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2) THE WORK 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents including all Addendums, Exhibits, Attachments and Appendices. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this 18-23RB - Rebid Citywide HVAC Improvements 1 Agreement TAMARA�C The City For Your Life Tamarac 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 harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 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 4) TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 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 One Hundred Twenty (120) 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 Ninety (90) calendar days from issuance of City's Notice to Proceed. 4.2 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. 5) CONTRACT SUM 18-23RB - Rebid Citywide HVAC Improvements 2 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division The Contract Sum for the above work is a "not to exceed" total of Two Hundred Seventy - Seven Thousand Nine Hundred Sixty Dollars and Zero Cents ($277,960.00) For Bid Items: Indemnification, 1: Aquatics Center, 2: City Hall and 5: Public Services South. 6) PAYMENTS 6.1 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. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VI I, Chapter 218. 7) REMEDIES 7.1 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. 7.2 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. 8) CHANGE ORDERS 8.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 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. 8.3 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. 18-23RB - Rebid Citywide HVAC Improvements 3 Agreement TA,.-MiRAC The City For Your Life City of Tamarac Purchasing and Contracts Division 8.4 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. 8.5 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. 8.6 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. 8.7 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. 8.8 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. 9) LIQUIDATED DAMAGES Project Substantial completion shall be within Ninety (90) calendar days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Thirty (30) calendar days from date of substantial completion, totaling One Hundred Twenty (120) calendar days. All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in 18-23RB - Rebid Citywide HVAC Improvements 4 Agreement TAMARAC r The City For Your Life Tamarac Purchasing and Contracts Division 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 Three Hundred Dollars and Zero Cents ($300.00) for each calendar day beyond the time imposed until such work is completed. 10) 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 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. 11) 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. 12) WARRANTY Contractor warrants the work against defect for a period of four 4 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 the affected area or to interior structure. 18-23RB - Rebid Citywide HVAC Improvements 5 Agreement TAMt�A,RAC The City For Your Life Tamarac and Contracts Division The four 4 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. 13) INDEMNIFICATION 13.1 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. 13.2 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 14) NON-DISCRIMINATION & EQUAL OPPORTUNITY 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 Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. 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. 15) 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 16-23RB - Rebid Citywide HVAC Improvements 6 Agreement TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division 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. 16) 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. 17) 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 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: Master Mechanical Services, Inc. Address:15181 NW 33 PI Miami, FL 33054 FIN/EIN:65-0460474 Contract Licensee:CMC057200 Contact:Tina Pinna Email: tpinna@mastermechanicalservices.com Phone: 305-825-3004 Fax: 305-825-1607 18) TERMINATION 18.1 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. 18.2 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 18-23RB - Rebid Citywide HVAC Improvements 7 Agreement TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 19) 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. 20) 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. 21) 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. 22) 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. 23) UNCONTROLLABLE CIRCUMSTANCES 23.1 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. 23.2 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. 18-23RB - Rebid Citywide HVAC Improvements 8 Agreement 24) 25) 26) 27) TAMARAC The City For Your Life Tamarac MERGER; AMENDMENT and Contracts Division 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. 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. 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. PUBLIC RECORDS 27.1 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: 27.1.1 Keep and maintain public records required by the CITY in order to perform the service; 27.1.2 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. 27.1.3 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. 27.1.4 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 18-23RB - Rebid Citywide HVAC Improvements 9 Agreement T�� The City For Your Life Tamarac Purchasing and Contracts Division 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. 27.2 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. 28) SCRUTINIZED COMPANIES - 287.135 AND 215.473 28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 28.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 29) CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 16-23RB - Rebid Citywide HVAC Improvements 10 Agreement TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. P� A R A . 41' P�. ti O V ` j O A T: / RD�G��� ` `\ 'Patricia A. Teufel, CIVIC City Clerk d' Date CITY OF TAMARAC J Michelle ..Gomez, Mayr Michael C. Cernech, City Manager Date Ap roved as to for and legal sufficiency: Cit Attorney ;. % �f r Date ATTEST: Master Mechani ices, Inc. C t-t Si�atcf-C—o—f porate Secretary Sign ure of President Type/Print Name of Corporate Secy. (CORPORATE SEAL) JoAnn Pinna Type/Print Name of President 12-%1%9 Date 18-23RB - Rebid Citywide HVAC Improvements 11 Agreement TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF RCW d� :SS COUNTY OF WK a,�tAe - : 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 JoAnn Pinna President of Master Mechanical Services Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. s+ WITNESS my hand and official seal thiSAday of ua-r , 2019 A r-1 ignatur -of Notary Public State, -'of Florida at Large Print, Type or Stamp Name of Notary Public Personally, known to me or ❑ Produced Identification O�PpY PUB" STEPHANIE CABEZAS 2 * MY COMMISSION # GG 061145 EXPIRES: February 5, 2021 Bended Thry Bud0 bWaY 'c"'Ces Type of I.D. Produced ❑ DID TAKE AN OATH, OR V DID NOT TAKE AN OATH. 18-23RB - Rebid Citywide HVAC Improvements 12 Agreement CERTIFICATE OF LIABILITY INSURANCE P3/29 ATE /DDIYYYY) /2018 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 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company PHONE (305)446-2271 FAx (A/C, No, Ex - ___ __. _-__ __(A/C, -No): 3350 S Dixie Hwy E-MAIL ADDRESS: Certificates@kahn-carlin.com INSURER(S) AFFORDING COVERAGE NAIC # _ Miami FL 33133 INSURER Trust Insurance Co 20141 INSURED - INSURERB:Monroe Guaranty Insurance Co 32506 Master Mechanical Services Inc INSURERc:FCCI Insurance Co 10178 1 NW 33 Place INSURERD:Federal Insurance Company 20281 INSURERE: --.. _. _. Miami FL 33054 INSURERF: COVERAGES rl=0TICIf'A TC kn ulao ET .nT 1 ooeecnn�e THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH POLICY PERIOD RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO WHICH THIS TO ALL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - THE TERMS, INSR iADDLISUBR' - - _- ___ - -_ LTR TYPE OF INSURANCE POLICY NUMBER MOLICYYEFF POLICY EXP MM/DDY � LIMITS _---- ----- X COMMERCIAL GENERAL LIABILITY - --- -- — EACH OCCURRENCE $ 1, 000, 000 A CLAIMS -MADE X .00CUR - DAMAGE TO RENTED -_ _. _ PREMISES Ea occurrence $ 100, 000 X GL00116388 3/31/2018 3/31/2019 MED EXP (Any one person) $ 5,000 -1 PERSONAL & ADV INJURY $ II' 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER _ GENERAL AGGREGATE $ 2 , 000, 000 0 -__ ...---- POLICY: X JE X LOC PRODUCTS-COMP/OPAGG $ - - _ 2,000,000 OTHER: _._ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 000, 000 (Ea accident)_ X _ _. 1. ANY AUTO '�, BODILY INJURY (Per person) $ B '. ALL OWNED SCHEDULED - - -- AUTOS CA 100024142 3/31/2018 3/31/2019 BODILY INJURY (Per accident) $ _.X..I. NON -OWNED - ---- X HIRED ; AUTOS. PROPERTY DAMAGE $ -- .'_(Per accident)- L X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ EXC r— A ES CLAIMS -MADE' 17MB 100024143 3/31/2018 3/31/2019 AGGREGATE $ ' 4,000,000 4, 000, 000 XIARETENTI DED ON$ $ WORKERS COMPENSATION X 'PER TH- AND EMPLOYERS' LIABILITY YIN N STATUTE __ : ER ANY PROPRIETOR/PARTNER/EXECUTIVE ---- _ OFFICER/MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ 1, 000, 000 _ C (Mandatory in NH) - 001WClSA72097 3/31/2018 3/31/2019 E.L. DISEASE - EA EMPLOYEE If es, describe -_- 1,000,000 _. _. DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 11000,000 D Equipment Floater 06642183ECE 3/31/2018 3/31/2019 ! Limit 105,298 Leased/Rented Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an Additional Insured, when required by written contract, with respects to General Liability. City of Tamarac Building Dept list Floor Tamarac 6011 Nob Hill Road Tamarac, FL 33321-6200 I KJIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christian/LISCAN�`/� U 19U8-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)