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HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-132Temp. Reso. # 14018 November 8, 2023 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023 - / 3 �- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 23-39B TO AND APPROVING AN AGREEMENT WITH SHENANDOAH GENERAL CONSTRUCTION, LLC FOR CITYWIDE STORMWATER CULVERT CLEANING, INSPECTION, AND REPAIR; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS NOT TO EXCEED THE APPROVED BUDGET ANNUALLY, OR AS MAY BE AMENDED BY CITY COMMISSION, FOR SAID PURPOSE; EFFECTIVE UPON APPROVAL THROUGH DECEMBER 12, 2026; AUTHORIZING PROPER CITY OFFICIALS TO EXECUTE CONTRACT RENEWALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is responsible for maintaining public waterways, canals, and drainage areas within the City of Tamarac; and WHEREAS, the regular maintenance and cleaning of culverts connecting said waterways, canals, and drainage areas aids in the mitigation and prevention of flooding; and WHEREAS, the City published Invitation to Bid #23-39B for Citywide Stormwater Culvert Cleaning, Inspection, and Repair, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, the bid closed on September 7, 2023, and the City opened three (3) proposals from Shenandoah General Construction, LLC, In Depth Inc., and Envirowaste Services Group, a bid tabulation is attached hereto as Exhibit 1; and WHEREAS, Shenandoah General Construction, LLC was determined to be the Temp. Reso. # 14018 November 8, 2023 Page 2 of 4 lowest responsible and responsive bidder in accordance with the City's technical specifications; and WHEREAS, funds are available in the Stormwater Fund for the purchase of Stormwater Culvert Cleaning, Inspection, and Repair Services; and WHEREAS, expenditures for Stormwater Culvert Cleaning, Inspection, and Repair Services will not exceed the approved budget, including any approved budget amendments; and WHEREAS, the Director of Public Services, the Director of Financial Services, and the Purchasing and Contracts Manager recommend that the appropriate City Officials enter into an Agreement with Shenandoah General Construction, LLC for Citywide Stormwater Culvert Cleaning, Inspection, and Repair Services, a copy of the Agreement is attached hereto as Exhibit 2; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 23- 39B to and execute an Agreement with Shenandoah General Construction, LLC. 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. # 14018 November 8, 2023 Page 3 of 4 SECTION 2: The City Commission hereby awards Bid No. 23-39B to and approves the Agreement with Shenandoah General Construction, LLC ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement attached hereto as "Exhibit 2" for the Citywide Stormwater Culvert Cleaning, Inspection, and Repair Services. SECTION 3: The City Manager or designee are HEREBY authorized to extend or renew the Agreement with Shenandoah General Construction, LLC for Citywide Stormwater Culvert Cleaning, Inspection, and Repair Services, per the Terms and Conditions of Bid No. 23-39B. SECTION 4: Expenditures for Citywide Stormwater Culvert Cleaning, Inspection, and Repair Services per Bid No. 23-39B are hereby authorized, and will not exceed the approved budget, or as may be amended by City Commission. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally." .qFrTION] 7 passage and adoption. Temp. Reso. # 14018 November 8, 2023 Page 4 of 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this $t` day of 12023. ATTEST: )h AAA KI BERLY bIL__L_0WCMC CITY CLERK MICHELLE J. GOMEZ, MAYOR RECORD OF COMMISSION VOTE. - MAYOR GOMEZ DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT JR DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. ,,,,HANS OTTINOT CITY ATTORNEY TR 14018 Exhibit 1 23-39B - Citywide Culvert Cleaning, Inspection & Repair Shenandoah General Envirowaste Services Group In Depth Inc. Construction, LLC Line Description quantity Unit of Unit Price Total Unit Price Total Unit Price Total Item Measure 1 Indemnification 1 Lump sum $10.00 $10.00 $10.00 510.01) $10.00 $10.00 2 DRAINAGE INFRASTRUCTURE 20 Each $250.00 $5,000.00 $20.00 $400.01) $1,900.DO $38,000.DO ASSESSMENT 3 EMERGENCY MOBILIZATION 3 Each $250.00 $750.00 $5DO.00 $1,500.00 $4,500.00 $13,500.00 4 HYDRAULIC PUMP WITH UP TO 600' 40 HR $70.00 $2,800.00 $325,00 $13,000.00 $0.00 $0.00 LF OF HOSE 5 CLEANING OF 121NCH DIAMETER 100 FT $4.00 $400.00 $6.50 $650.00 $0.00 $0.00 PIPE 5 CLEANING OF 15 INCH DIAMETER 1Do FT $5.50 $550.00 $7.00 $700,00 $0.00 $0.00 PIPE 2 CLEANING OF 181NCH DIAMETER 1Do FT $7.25 $725.00 $8.00 $800.00 $0.00 $0.00 PIPE 8 CLEANING OF 21 INCH DIAMETER 1Do FT $7.25 $725.00 $9.00 $900.W $0.00 $0.00 PIPE 9 CLEANING OF 241NCH DIAMETER 100 FT $9.50 $850.00 $10.00 $1,000.00 $0.00 $O.DO PIPE 10 CLEANING OF 271NCH DIAMETER 100 FT $8.50 $850,00 $10.50 $1,050.00 $0.00 $0.00 PIPE 11 CLEANING OF 301NCH DIAMETER 100 FT $12.D0 $1,200.00 $11.00 $1,100.00 $0.00 $0.00 PIPE 12 CLEANING OF 36 INCH DIAMETER 100 FT $14.00 $1,400.00 $12.50 $1,250.00 $20.00 $2,000.00 PIPE 13 CLEANING OF 421NCH DIAMETER 100 FT $18.50 $1,850.00 $13.00 $1,300.00 $21.00 $2,100.00 PIPE 14 CLEANING OF 481NCH DIAMETER 1Do FT $22.00 $2,200.00 $18.00 $1,900.00 $22.DO $2,200.00 PIPE 15 CLEANING OF 541NCH DIAMETER 100 FT $25.00 $2,500.00 $21.00 $2,100.00 $23.00 $2,300.00 PIPE 16 CLEANING OF 601NCH DIAMETER 100 FT $27.00 $2,700.00 $24.00 $2,400.00 $24.00 $2,400.00 PIPE 17 CLEANING OF 661NCH DIAMETER 100 FT $29.00 $2,900.00 $27.00 52,700.00 $25.00 $2,500.00 PIPE 18 CLEANING OF 721NCH DIAMETER 100 FT $35.00 $3,500.00 $32.00 $3,200,00 $30.00 $3,000.00 PIPE 19 CLEANING OF 841NCH DIAMETER 100 FT $55.00 $5,500.00 $37.00 $3,700,00 $30.00 $3,000.00 PIPE or larger 20 ISPECIALTY CLEANING OF 121NCH 100 FT $9.00 $900.001 $12.50 $1,250.00 $0.00 $0.00 21 SPECIALTY CLEANING OF 15 INCH 100 FT $12.00 $1,200.00 $13.00 $1,300.00 $0.D0 $0.00 DIAMETER PIPE 22 SPECIALTY CLEANING OF 181NCH 100 FT $13.00 $1,300.00 $14.00 $1,400.00 $0.00 $0.00 DIAMETER PIPE Z3 SPECIALTY CLEANING OF 21 INCH 100 FT $13.00 $1,300.00 $14.50 $1,450.W $0.00 $0.00 DIAMETER PIPE 24 SPECIALTY CLEANING OF 241NCH 100 FT $14.00 $1,400.00 $16.00 $1,600,00 $0.00 $0.00 DIAMETER PIPE Z5 SPECIALTY CLEANING OF 271NCH 100 FT $15.00 $1,500.00 $17.00 $1,700.00 $O.DO $0.00 DIAMETER PIPE 26 SPECIALTY CLEANING OF 301NCH 1DO FT $17.00 $1,700.00 $18.DO $1,800.00 $0.00 $0.00 DIAMETER PIPE 27 SPECIALTY CLEAN ING OF 36 INCH 100 FT $18.00 $1,800.00 520,00 52,D00.o0 $30.00 $3,000.00 DIAMETER PIPE 28 SPECIALTY CLEAN ING OF 42 INCH 100 FT $28.00 $2,800.00 $23.00 $2,300,00 $31.00 $3,100.00 DIAMETER PIPE 29 SPECIALTY CLEANING OF 481NCH 100 FT $32.00 $3,200.00 $26.00 $2,600.00 $32.00 $3,200.00 DIAMETER PIPE 30 SPECIALTY CLEANING OF 541NCH 100 FT $36.00 $3,600.00 $28.00 $2,800.00 $33.00 $3,300.00 DIAMETER PIPE 31 SPECIALTY CLEANING OF 60 INCH 100 FT $42.00 $4,200.00 $30.00 53,000.00 $34.00 $3,400.00 DIAMETER PIPE 3Z SPECIALTY CLEANING OF 66 INCH 100 FT $47.00 $4,700.00 $34.00 $3,400.00 $35.00 $3,500.00 DIAMETER PIPE 33 SPECIALTY CLEANING OF 72 INCH 100 FT $50.00 $5,000.00 $38.00 $3,800.00 $40.00 $4,000.00 DIAMETER PIPE 34 SPECIALTY CLEANING OF 841NCH 100 FT $64.00 $6,400.00 $42.00 $4,200.00 $40.00 $4,000.00 DIAMETER PIPE or larger 3S FOREPERSON 200 HR $55.00 $11,000.00 $75.00 $15,000.00 $75.001 $15,000.00 36 LABORER 300 HR $40.00 $12,000.00 $50.00 515,000.D0 $55.00 $16,500.00 37 DIVING CREW /3 PERSON CREW 80 HR $475.00 $38,000.00 $475.00 $38,000.00 $415.001 $33,200.00 Total: 1 $138,410,001 $142,160.001 $163,210.00 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND Shenandoah General Construction, LLC THIS AGREEMENT is made and entered into this $4, day of PWNC , 20.3by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Shenandoah General Construction, LLC a Florida corporation with principal offices located at 1888 NW 22nd St, Pompano Beach, FL, 33069 (the "Contractor") to provide services to clean, inspect and repair the City of Tamarac's Stormwater Drainage System. 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. 23-39B for "CITYWIDE CULVERT CLEANING, INSPECTION & REPAIR", issued by the City of Tamarac on August 10, 2023, 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 September 7, 2023, 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 23-39B for "CITYWIDE CULVERT CLEANING. INSPECTION & REPAIR" as issued by City, and the contractor's bid response; Bid 23-39B for "CITYWIDE CULVERT CLEANING, INSPECTION & REPAIR" 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 Agreement, which are applicable to the Contractor, its employees, agents or 23-39B Citywide Culvert Cleaning, Inspection & Repair 1 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. TERM OF CONTRACT 4.1 The contract period shall be for three (3) years based upon successful performance by the Contractor. The initial contract term shall commence upon date of award by the City or at a date mutually agreeable with the successful contractor, whichever is later and shall expire three (3) years from that date. Upon completion of the first three 3 year period, the City reserves the right to renew the Contract for two 2 additional one u year periods providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 4.2 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the Purchasing & Contracts Manager. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. The ongoing performance evaluation process will continue during any renewal periods for the life of the Agreement 5. CONTRACT SUM The Contract Pricing for the above work shall be in accordance with the unit pricing contained within Attachment A and shall not exceed: Three Hundred Ninety Thousand Dollars ($390,000.00) for the term of the contract. The contract shall be for the actual amount as ordered by the City. 6. PAYMENTS 23-39B Citywide Culvert Cleaning, Inspection & Repair 2 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 6.1 Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the project name, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. 6.2 All payments under this Agreement shall be governed by the Local Government 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, including City's right to withhold payment. 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. 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 23-39B Citywide Culvert Cleaning, Inspection & Repair 3 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. AVAILABILITY OF CONTRACTOR Contractor shall be reasonably available to the City through telephone access and shall notify the City promptly of any absence or anticipated delay in the performance of services under this Agreement. 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 23-39B Citywide Culvert Cleaning, Inspection & Repair 4 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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 one (1) year from the date of City approval of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 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 23-39B Citywide Culvert Cleaning, Inspection & Repair 5 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 14.1 During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. 14.2 The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 14.3 The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 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 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: 23-39B Citywide Culvert Cleaning, Inspection & Repair 6 Agreement TAAMAARAC City of Tamarac The C' ity or You~L Purchasing and Contracts Division CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address CONTRACTOR Name: Shenandoah General Construction, LLC Address: 1888 NW 22nd Street, Pompano Beach, FL, 33069 FIN/EIN: 59-1707673 Contract Licensee: CGC1524099: General Contractor State of Florida Contact: Yamileth Hoffman Email: y.hoffman@shenandoahus.com Phone: 954-975-0098 Fax: 954-975-9718 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 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. Written notice of cancellation of this agreement shall state the date upon which the Contractor shall cease all Work under this Contract and vacate the Project(s) site(s). The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: Stop all Work on the Project(s) on the date specified in the notice (the effective date); Take such action as may be necessary for the protection and preservation of the City's materials and property; Cancel all cancelable orders for materials and equipment; Assign to the City and deliver to the site, or any other location specified by the City, any non -cancelable orders for materials and equipment that can not otherwise be used except for Work under the Contract and have been specifically fabricated for the sole purpose of the Work and not incorporated in the Work; Take no action that shall increase the amounts payable by the City under the Contract Documents and take reasonable measures to mitigate the City's liability under the Contract Documents. All charts, drawings, reports, as-builts and other documents, including electronic documents, related to Work authorized under the Contract, whether finished or not, must be turned over to the City. Failure to timely deliver the documentation shall cause to withhold any payments due without recourse by the Contractor until all documentation is delivered to the City. 23-39B Citywide Culvert Cleaning, Inspection & Repair 7 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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. 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 23-39B Citywide Culvert Cleaning, Inspection & Repair 8 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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.SCRUTINIZED COMPANIES - 287.135 AND 215.473 27.1 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. 27.2 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. 28.PUBLIC RECORDS 28.1 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: 28.1.1 Keep and maintain public records required by the CITY in order to perform the service. 28.1.2 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. 28.1.3 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. 28.1.4 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 23-39B Citywide Culvert Cleaning, Inspection & Repair 9 Agreement A N A D 1 40 City of Tamarac The City For Your life Purchasing and Contracts Division - - --- ---- -- - - required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 28.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 29. E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 30. 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 23-39B Citywide Culvert Cleaning, Inspection & Repair 10 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division 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(a-)-TAMARAC.ORG Remainder of Page Intentionally Blank 23-39B Citywide Culvert Cleaning, Inspection & Repair 11 Agreement City of Tamarac The City For Your Life Purchasing and Contracts Division — — - -- IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President / Owner duly authorized to execute same. TA rv�gR ESTABLISHED' Q W ' 1963 �0.• SEAL O ATTEST- �N RD C ... N' ,``�.`• Kimberly Dillon) CIVIC City Clerk 111201 tio'L3 Date ATTEST: Signatur of Corporate Secretary i Charles Bendgen Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC e e J. omez, Mayor Mich� to I eevent Sucuoglu, City Manager �pZ Date Pi1F® Date d legal sufficiency: SHENANDOAH GENERAL CONSTRUCTION, LLC Company Name Af Signature of A ident Anthony Guglielmi Type/Print Name of President C)G Date 23-39B Citywide Culver[ Cleaning, Inspection & Repair 12 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF Florida :SS COUNTY OF Broward 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 Anthony Guglielmi, President of SHENANDOAH GENERAL CONSTRUCTION, LLC, 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 ©q I t.S 20�.3 YAMiLETH HOFFMAN r° • ° Commission # GG 982 50 * * Expires August 15, e 024 Budgdtkt>MY k8$ N9rfOF fV°Po wde TW Signature of Notary Public \j S e of Florida at Large OEImC t4o 0.1-\ P int, Type or Stamp Name of Notary Public Personally, known to me or Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 23-39B Citywide Culvert Cleaning, Inspection & Repair 13 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division ttachment A — Pricin Line Unit of Description Unit Price Item Measure 1 Indemnification Lump sum $10.00 DRAINAGE INFRASTRUCTURE 2 ASSESSMENT Each $250.00 3 EMERGENCY MOBILIZATION Each $250.00 HYDRAULIC PUMP WITH UP TO 4 600' LF OF HOSE HR $70.00 CLEANING OF 12 INCH DIAMETER 5 PIPE FT $4.00 CLEANING OF 15 INCH DIAMETER 6 PIPE FT $5.50 CLEANING OF 18 INCH DIAMETER 7 PIPE FT $7.25 CLEANING OF 21 INCH DIAMETER 8 PIPE FT $7.25 CLEANING OF 24 INCH DIAMETER 9 PIPE FT $8.50 CLEANING OF 27 INCH DIAMETER 10 PIPE FT $8.50 CLEANING OF 30 INCH DIAMETER 11 PIPE FT $12.00 CLEANING OF 36 INCH DIAMETER 12 PIPE FT $14.00 CLEANING OF 42 INCH DIAMETER 13 PIPE FT $18.50 CLEANING OF 48 INCH DIAMETER 14 PIPE FT $22.00 CLEANING OF 54 INCH DIAMETER 1s PIPE FT $25.00 CLEANING OF 60 INCH DIAMETER 16 PIPE FT $27.00 CLEANING OF 66 INCH DIAMETER 17 PIPE FT $29.00 CLEANING OF 72 INCH DIAMETER 18 PIPE FT $35.00 CLEANING OF 84 INCH DIAMETER 19 PIPE or larger FT $55.00 SPECIALTY CLEANING OF 12 INCH 20 DIAMETER PIPE FT $9.00 23-39B Citywide Culvert Cleaning, Inspection & Repair 14 Agreement TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division SPECIALTY CLEANING OF 15 INCH 21 DIAMETER PIPE FT $12.00 SPECIALTY CLEANING OF 18 22 INCH DIAMETER PIPE FT $13.00 SPECIALTY CLEANING OF 21 INCH 23 DIAMETER PIPE FT $13.00 SPECIALTY CLEANING OF 24 24 INCH DIAMETER PIPE FT $14.00 SPECIALTY CLEANING OF 27 INCH 25 DIAMETER PIPE FT $15.00 SPECIALTY CLEANING OF 30 26 INCH DIAMETER PIPE FT $17.00 SPECIALTY CLEAN ING OF 36 27 INCH DIAMETER PIPE FT $18.00 SPECIALTY CLEAN ING OF 42 28 INCH DIAMETER PIPE FT $28.00 SPECIALTY CLEANING OF 48 INCH 29 DIAMETER PIPE FT $32.00 SPECIALTY CLEANING OF 54 INCH 30 DIAMETER PIPE FT $36.00 SPECIALTY CLEANING OF 60 INCH 31 DIAMETER PIPE FT $42.00 SPECIALTY CLEANING OF 66 INCH 32 DIAMETER PIPE FT $47.00 SPECIALTY CLEANING OF 72 INCH 33 DIAMETER PIPE FT $50.00 SPECIALTY CLEANING OF 84 INCH 34 DIAMETER PIPE or larger FT $64.00 35 FOREPERSON HR $55.00 36 LABORER HR $40.00 37 DIVING CREW /3 PERSON CREW HR $475.00 23-39B Citywide Culvert Cleaning, Inspection & Repair 15 Agreement