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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-0141 Temp. Reso. #13067 1/18/18 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CHANGE ORDER NUMBER 2 TO THE AGREEMENT WITH SAMMET POOLS, INC., FOR THE CAPORELLA AQUATIC CENTER MAIN POOL AND ACTIVITY POOL RENOVATIONS PROJECT, FOR UNFORESEEN CONDITIONS IDENTIFIED DURING CONSTRUCTION, AT A COST NOT TO EXCEED $43,883.61; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 2; AUTHORIZING AN ADDITIONAL APPROPRIATION OF $43,883.61) PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 9, 2016, the City Commission approved the award of RFP No. 16-29R to Sammet Pools, Inc., for the Caporella Aquatic Center Main Pool and Activity Pool Renovations Project through Resolution No. R-2016-126, a copy of said Resolution attached hereto as Exhibit 1; and WHEREAS, Change Order Number 2 for unforeseen conditions that were identified during the construction of the renovation project, including a price increase due to a delay in the Notice to Proceed and materials having a higher cost at project time, removal of existing pool lights and replacement with new LED pool lights, repairs to cracks in the pool surfacing and the re -grout of the main pool, in the amount not to exceed $43,883.61, is attached hereto as Exhibit 2; and Temp. Reso. #13067 1/18/18 Page 2 WHEREAS, Sammet Pools, Inc., has submitted a proposal to account for higher material costs due to work starting later than originally planned, removal and replacement of seven (7) 300 watt LED pool lights, repair of two (2) structural cracks in the pool, and to clean and re -grout entire pool, a copy of said proposal is attached hereto as Exhibit 3; and WHEREAS, Public Services and Parks and Recreation staff have reviewed said proposal and have determined that the pricing is competitive and acceptable, - and WHEREAS, the cost of additional services attributed to this change order necessitates an additional expenditure in an amount not to exceed $43,883.61; and WHEREAS, available funding exists in the appropriate Capital Projects Fund (Project #PW17B) for said purpose; and WHEREAS, the Director of Public Services and the Director of Parks and Recreation recommend the authorization of Change Order No. 2 to the contract for Caporella Aquatic Center Main Pool and Activity Pool Renovations Project in an amount not to exceed $43,883.61; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve Change Order No. 2 to the contract for the Caporella Aquatic Center Main Pool and Activity Pool Renovations Project and authorize an additional expenditure in an amount not to exceed $43,883.61 for said purpose. f� Temp. Reso. #13067 1/18/18 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. All Exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: Change Order No. 2 to the contract with Sammet Pools, Inc., for the Caporella Aquatic Center Main Pool and Activity Pool Renovations Project, to account for higher material costs due to work starting later than originally planned, removal and replacement of seven (7) 300 watt LED pool lights, repair of two (2) structural cracks in the pool, and to clean and re -grout entire pool at a cost not to exceed $43,883.61 is hereby approved, and the appropriate City Officials are hereby authorized to execute said Change Order, attached hereto as Exhibit 2. SECTION 3: An appropriation in the amount not to exceed $43,883.61 is hereby approved and will be included in a Budget Amendment prior to November 30, 2018, pursuant to F.S. 166.241(2). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13067 1/18/18 Page 4 SECTION 5: 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. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this RESSLER MAYOR ATTEST: CITY CLERK I RECORD OF COMMISSION VOTE 2018. MAYOR DRESSLER DIST 1: COMM. BOLTON L DIST 2: V/M GOMEZ DIST 1 COMM. FISHMAN L�l• �-� DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAVOEL S. 00R'E '/ CITY ATTORNEY E 1 1 Temp. Reso. #13067 — Exhibit 1 Temp. Reso. #12874 10/14/16 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016- lo* A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP 16-29R AND EXECUTE AN AGREEMENT WITH SAMMET POOLS, INC., FOR THE CAPORELLA AQUATIC CENTER MAIN POOL AND ACTIVITY POOL RENOVATIONS PROJECT FOR AN AMOUNT NOT TO EXCEED $84,355; A CONTINGENCY AMOUNT OF $4,145 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL PROJECT BUDGET OF $88,500; AUTHORIZING AN EXPENDITURE OF $84,355 PLUS CONTINGENCY OF $4,145; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Caporella Aquatic Center opened in the spring of 2007; and WHEREAS, the facility has become a very popular destination for residents and visitors alike; and WHEREAS, the facility is used for swim lessons, recreational swimming, and more; and WHEREAS, due to time and normal wear and tear, it has become necessary to replace the Diamond Brite surfacing for the Caporella Aquatic Center Pool; and Temp. Reso. #12874 10/14/16 Page 2 WHEREAS, the City of Tamarac publicly advertised RFP 16-29R entitled "Caporella Aquatic Center Main Pool and Activity Pool Renovations Project" on August 19, 2016; and WHEREAS, Request for Proposals RFP 16-29R is incorporated by reference and available in the Office of the City Clerk, and WHEREAS, the City received two responses to RFP 16-29R, from Aumiller Pools, LLC, and Sammet Pools, Inc.; and WHEREAS, the Selection Committee determined Sammet Pools, Inc., was the lowest responsible and responsive bidder; and WHEREAS, a copy of the ranking sheet is attached hereto as Exhibit 1; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and Purchasing and Contracts Manager that the Caporella Aquatic Center Main Pool and Activity Pool Renovations Project be awarded to Sammet Pools, Inc.; and WHEREAS, the City Manager, or his designee, shall be authorized to make changes, issue Change Orders pursuant to Section 6-1470) of the City Code, and close the contract award including, but not limited to making final payment and release of any bonds when the work has been successfully completed within the terms and conditions Temp. Reso. #12874 10/14/16 Page 3 of the contract and within the price, 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 authorize the award of RFP 16-28R entitled "Caporella Aquatic Center Main Pool and Activity Pool Renovations Project" to Sammet Pools, Inc., and execute an Agreement attached hereto as "Exhibit 2", for an amount not to exceed $84,355 and a contingency allowance will be added to this project to be used only on an as -needed basis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, 1 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That RFP 16-29R entitled "Caporella Aquatic Center Main Pool and Activity Pool Renovations Project" is hereby awarded to Sammet Pools, Inc., for an amount not to exceed $84,355, and a contingency in the amount of $4,145, for a total budget of $88,500. fl Temp. Reso. #12874 10/14/16 Page 4 SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement with Sammet Pools, Inc., relating to the Diamond Brite Replacement for Caporella Aquatic Center Pool, attached hereto as Exhibit 2_ SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. 1 1 1 1 PASSED, ADOPTED AND APPROVED this `0 " "day of ATTEST: PATRICIA TEL5F 'MC CITY CLERK V I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SA L S. G RE CITY ATTORNEY Temp. Reso. #12874 10/14/16 Page 5 W,RY DRESSLER MAYOR , 2016. RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO Temp. Reso. #12874 - Exhibit 1 16-29R - Diamond-Brite Replacement for Caporella Aquatic Center Pool ' ERPOOLS y Proposer's't�lame� Aw Quali of Res onse - Max fib, Assistant Director of Public Services for Public Works 1 City Engineer 12 Assistant Director of Parks & Recreation 14 Operations Manager / Public Works 20 Community Services Manager, Parks & Recreation 16 � ,Services tot o ihovided — E 'uip"en /La out �iitay 30 Q[flts Assistant Director of Public Services for Public Works / City Engineer 20 Assistant Director of Parks & Recreation 26 Operations Manager / Public Works 0 Community Services Manager, Parks & Recreation 25 Qualifications o;the ;Pro aerti~x Assistant Director of Public Services for Public Works / City Engineer 18 Assistant Director of Parks & Recreation 15 Operations Manager Public Works 15 Community Services Manager, Parks & Recreation 18 Assistant Director of Public Services for Public Works / City Engineer 20 Assistant Director of Parks & Recreation 10 Operations Manager / Public Works 15 Community Services Manager, Parks & Recreation 9 TOTAL POINTS Assistant Director of Public Services for Public Works / City Engineer 70 Assistant Director of Parks & Recreation 65 Operations Manager / Public Works 50 Community Services Manager, Parks & Recreation 68 TOTAL POINTS 253 R Assistant Director of Public Services for Public Works / City Engineer 2 Assistant Director of Parks & Recreation 2 Operations Manager / Public Works 2 Community Services Manager, Parks & Recreation 2 ,y�ghl�ittetrm is the ittgltest Faln[c! y �,.,.. 2 City o� Tamarac Purchasing & Contracts Division DIAMOND-BRITE REPLACEMENT FOR CAPORELLA AQUATIC CENTER POOL BETWEEN THE CITY OF TAMARAC AND SAMMET POOLS, INC. THIS AGREEMENT is made and entered into this J#day of 20 p by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W_ 88th Ave., Tamarac, FL 33321 (the "CITY") and SAMMET POOLS, INC., a Florida corporation with principal offices located at 7027 WEST BROWARD BLVD # 264 PLANTATION FL 33317 (the "Contractor") to provide for DIAMOND-BRITE REPLACEMENT FOR CAPORELLA AQUATIC CENTER POOL. 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, Request For Proposal Document No. 16-29R — CAPORELLA AQUATIC CENTER MAIN POOL AND ACTIVITY POOL RENOVATIONS PROJECT, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's proposal included herein, and all modifications issued after execution of this Agreement. These contract documents foram 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 Request for Proposal No. 16-29R as issued by the City, and the Contractor's Proposal, RFP No. 16- 29R as issued by City shall take precedence over the Contractor's Proposal. 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. RFP 16-29R 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_ Agreement — RFP No. 16-29R City of Tamarac Purchasina & Contracts Division 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 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 below 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. Insurance limits are outlined below: fiancmkvwwnts rEco" re e# 8usinea� Cam [Fits �f Crtrerrt ti.�rye.as�lrM� C Mu. Ad .n.+Fwm UsreAgr ad 50..wWgr ef r~aAfton r 4) Time of Commencement and Substantial Completion Agreement — RFP No. 16-29R City of Tamarac Purchasing & Contracts Division 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 Six 60 calendar days from Contractor's receipt 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 Thirty (30) calendar days from issuance of the City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. Final Completion shall be within 30 calendar days from the date of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean the project is sufficiently complete in accordance with the Contract Documents so that the project can be occupied or used for its intended purpose, void of any safety concerns. For the purposes of this Agreement, final completion shall mean the issuance of final payment. 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 The Contract Sum for the above work is Eighty Four Thousand Three Hundred Fifty Five Dollars and Zero cents ($84,355.00). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until 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, Request For Proposal 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 Agreement — RFP No.16-29R City of Tomorac Purchosing & Contracts Division 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 Liquidated Damages: Upon failure of the Contractor to complete each individual requirement within the specified and mutually agreed upon time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of five hundred dollars ($500.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor. The amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall also be responsible for reimbursing City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. 7.3 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 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. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 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. Agreement — RFP No. 16-29R 4 City of Tamarac Purchasing & Contracts Division 8.3 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. 8.4 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. 8.5 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. 8.6 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. 8.7 In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the 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 the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the 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) No Damages for Delays Agreement — RFP No. 16-29R City of Tamarac Purchasing & Contracts Division 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 THE 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 no 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. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors 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 from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of five (5) years from the date of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The five (5) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original Request for Proposal document. Agreement — RFP No. 16-29R City of Tamarac 12) Indemnification Purchasing & Contracts Division 12.1 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. 12.2 The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 001100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 12.3 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 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for Agreement — RFP No. 16-29R City of Tomorac Purchasing & Contracts Division 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. 14) 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. 15) 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. 16) 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: Agreement — RFP No. 16-29R 8 City of Tomoroc Purchasing & Contracts Division Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR SAMMET POOLS. INC. 7027 WEST BROWARD BLVD # 264 PLANTATION, FL 33317 65-0696620 954-232-1915 JSammet@sammetpools.com 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 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. 18) Public Records 18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 18.1.1 Keep and maintain public records required by the City in order to perform the service; 18.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 18.1.3 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 Agreement — RFP No. 16-29R City of Tamarac Purchasing & Contracts Division duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 18.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 18.2 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. 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 the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not Agreement — RFP No.16-29R 10 City of Tamarac Purchasing & Contracts Division constitute a waiver of that provision nor shall it affect the 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. 23.2 Neither parry 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 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) Records / Audits The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law_ Specifically, the Contractor shall: Agreement — RFP No. 16-29R 11 City of Tamarac Purchosing & Contracts Division 26.1 Keep and maintain public records required by the City in order to perform the service; 26.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 26.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 26.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 27) Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYC LERK@TAMARAC.ORG Remainder of Page Intentionally Blank Agreement — RFP No 16-29R 12 itq of Tamarac Purchasing & 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 Owner duly authorized to execute same. I F TAMARA 11Z Harry essler, Mayor `i 0 „ P2 _Date O: _= ATT T: = '`� '� v�� _ a6Cernech, City Manager G0 Patricia A. Teufel, CMC ; .. , ; ; 0\\\ Date City Clerk Date ATTEST: Signature of Corporate Secretary Corporate Secy. (CORPORATE SEAL) Agreement — RFP No. 16-19R 13 Approv d as to for nd legal sufficiency: Ci ' ttorney /Ih//1. Date SAMMET, JOHN CHARLES JR President/Owner lnllqltl, Date City of Tamarac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF L J R 1PX :SS COUNTY OF BROWA-R.1-2 : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the Coun aforesaid to take acknowledgments, personally appeared 7' of li 6 S I a �` O)C API) 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 d���'ad 20/ y..... I,. TINA M. yyHEATLEY Notary Pubk - State of Florida . •? My Comm. Expires Aug 6. 2018 ''• • ••• Commission N FF 135878 Bonded Tfxough National Nalary Assn. Agreement — RFP No. 16-29R 14 Signature of Notary Pubic State of Florida at La ge Print, Type or tamp Name of Notary Public ❑ Personally known to me or Produced Identification /2�- Type of I. D. Produced ❑ DID take an oath, or DID NOT take an oath. ---,Nmlbk SAMME-3 OP ID: GJ AFRO" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDwyrYY)09/15/2016 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 endorsemen s . PRODUCER �^CT David R. Griffiths Insurance Byy Ken Brown, Inc. PO Box a 117 Maitland, FL 32794-8117 David R. Griffiths PHONE 321-397 3870 a No 321-397-888 E41IIAL ADDRESS. MSURE 8 AFFORDING COVERAGE NAIC lF INSURER A:Amerisure Mutual ins. Co 23396 INSURED Sammet Pools, Inc. 7027 West Broward Blvd Plantation, FL 33317 INSURERB: INSURERC: INSURER D INSURER E : INSURER F : COVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY MD EFF POLICY EXP LETS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,E CLAIMS -MADE P(I OCCUR X GL20987250102 09/19/2016 09/19/2017 GE ENTED Dn ES Ea occurm $ 100,0 X MED EXP (Any one person) $ 5,00 POOL POP PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,0 POLICY a ECo- EOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAS CLAIMS -MADE DELI I I RETENTION $ $ A INORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y� C209872601 09/19/2016 09119/2017 PER OTFt- X STATUTE X ER E.L. EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) N I A E.L. DISEASE - EA EMPLOYEE $ 500,00 EL- DISEASE- POLICY LIMIT $ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OR OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schemie, may be attached N rnore apace Is required) Certificate Holder are Additional Insured with respect to the General Liability as required per written contract. CFRTIFICATF Hnl nFR CANCELLATION TAMARAC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tamarac tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6011 Nob Hill Road 1st FL Tamarac, FL 33321 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Form W-9 Request for Taxpayer Give Form to the (Bev. December Identification Number and Certification requester. Do not entoftthe Department of the Treasury eternal Revenue Service send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. C\ 2 Business name/disregarded entity name, if different from above m Sammet Pools Inc. co a c: 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not individuals; see O ❑ Individual/sole proprietor or [] C Corporation Q S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): c g single -member LLC ❑ Limited liability company. Ester the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee if any) P� code p 2 Note. For a single -member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting H the tax classification of the single -member owner. code (if any) ri u ❑ Other (see instructions) ► (Anares m ­s melnt—d ouftbe the us) !E 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) U a 7027 West Broward Blvd. Suite #264 6 City, state, and ZIP code Plantation, FI.33317 7 List account numbers) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number ( However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other page - m - entities, it is your employer identification number (EIN). If you do not have a number, see How to get aTM 77N on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer identification number guidelines on whose number to enter. 6 5- 0 1 6 1 9 1 6 1 6 1 2 1 0 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4_ The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct_ Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all 61teresit a divid ds on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandon e sured perty, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than inter t di end ou not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. HI to-�_ Signature of A V /k" ► f fi (� i Here U.S. person 14 yL Date General Instruct! ns Section references are to the !nt I Reve ue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) •�a+n rvc��' JEFF ATWATER CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW " CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 6/7/2016 EXPIRATION DATE: 6R/2018 PERSON: SAMMET JOHN C FEIN: 650696620 BUSINESS NAME AND ADDRESS: SAMMET POOLS INC 7027 WEST BROWARD BLVD # 264 PLANTATION FL 33317 SCOPES OF BUSINESS OR TRADE: LICENSED POOL CONTRACTOR Pursuant to Chapter 440.05(14), F_S., an officer of a corporation who elects exemption trorn this chapter by firing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05(12), F.S_, Certificates of election to be exempt.. apply only wdhin the scope of the business or trade listed on the notice of election to be exempt Pursuant to Chapter 440.05(13), F.S_, Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation it, at any time after the fling of the notice or the issuance of the cerffinwe. the person named on the notice or certificate no "er meets the requirements of this section for issuance of a certfcate. The department shall revoke a DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413-1609 '�.; STATE OF FLORIDA f ' DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 SAMMET, JOHN CHARLES JR SAMMET POOLS INC 7027 W BROWARD BLVD # 264 PLANTATION FL 33317 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com- There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and team more about the Department's initiatives- (850) 487-1395 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND _ PROFESSIONAL REGULATION C PC0569G4 ISSUED: 06/06/2016 CERT COMMERICAL POOLISPACONTR SAMMET, JOHN CHARLES JR SAMMET POOLS INC Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch.489 FS- and congratulations on your new license! Exprahm dabs : AUG 31, 2018 L1606060000850 DETACH HERE RICK SCOTT. GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER WIZRTTIRM�� The COMMERCIAL POOLISPA CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS- Expiration date: AUG 31, 2018 SAMMET JOHN CHARLES JR SAMMET POOLS INC 7027 W BROWARD BLV© * 2-64 PLANTATION FL33317 N ISSUED: 06J06/2016 DISPLAY AS REQUIRED BY LAW SEQ # L1606060000850 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100. Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017 DBA: SAMMET POOLS INC Receipt#:POOL%MARINE CONTRACTOR (CERT Business Nagle: Business Type:POOL/SPA CONTRACTOR) Owner Name: JOHN CHARLES SAMMET JR Business Opened:12 / 17 / 1993 Business Location: 7027 W BROWARD BLVD 264 State/County/Cert/Reg:CP-0056904 PLANTATION Exemption Code: Business Phone:954-583-3060 Rooms Seats Employees Machines Professionals 2 For Vending Business Only Number of Machines' ve.,a6,.,, -r....e. Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 27.00 0.00 0.00 0.00 0.00 0.00 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: JOHN CHARLES SAMMET JR 7027 W BROWARD BLVD #264 PLANTATION, FL 33317 Receipt #05A-15-00010447 Paid 09/20/2016 27.00 2016 -2017 rzonwAonr`njIlki" t.1 nrAI c7I�Cf.AUG.C�_TAXJ7C(`CI[�T_._ CHANGE ORDER DATE OF ISSUANCE: January 24, 2018 OWNER: CITY OF TAMARAC 7525 NW 881" Avenue Tamarac, FL 33321-2401 BID NO.: 16-29R CONTRACTOR: Sammet Pools, Inc. 7027 West Broward Blvd.,Ste. 264 Plantation, FL 33317 Temp. Reso. #13067 - Exhibit 2 CHANGE ORDER NO.: 002 PROJECT NAME: Caporella Aquatic Center Main Pool and Activity Pool Renovations Project PROJECT NO.: PW17B P.O. NUMBER: 200381 IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: The Caporella Aquatic Center Main Pool and Activity Pool Renovations Project was delayed due to the need to coordinate the timing with both the pool slide and the pump room projects. This delay impacted to the material costs, and additional issues presented themselves during the demolition process of the project. PURPOSE OF CHANGE ORDER: The purpose of this change order is to document the aforementioned additional services required to properly complete the project due to: 1. Project delay created an increase in material costs for the contractor. 2. Once the water was drained from the main pool, two (2) separate cracks were discovered in the bottom of the pool. To maintain the integrity of the new pool surface, extensive structural improvements need to be done to ensure the pool structure will not crack in the future. 3. During the dewatedng of the pool, a number of gaping holes were discovered between the waterline tiles and surface trough tiles, therefore, these tiles need to be regrouted. 4. Once work had started, the contractor identified leaks in seven (7) of the light fixtures impacting the longevity of those lights which necessitates replacement. This work will require the replacement of seven (7) existing pool lights. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contact Time $84,355.00 60 DAYS from NTP 12/05/16 Previous Change Order No.000 to No.001 Net Change From Previous Change Orders $0.00 391 DAYS City ef'arnaruc Ptw(,hasino d Contracts Divisio; Contract Price Prior To This Change Order $84,355.00 Contract Time Prior To This Change Order 451 DAYS Net (Increase) Of This Change Order Net (Increase) Of This Change Order $40, 028.61 7 DAYS Contract Price With All Approved Change Contract Time With All Approved Change Orders Orders $124, 383.61 458 DAYS Account No(s) Affected: 310-5020-541.63-13 Amount Affected $ 40,028.61 ROUTING: Dept. Director, Contractor, Purchasing Manager, City Manager, Purchasing Manager RECOMME IDED E6— ED BY BY rrector ity Managef j \L ntrac or Date /4�1 / /fC Date I 'i - i Date i 1 i� \\ % Temp. Reso. #13067 - Exhibit 3 SAMMET POOLS, INC. 70W Wy�tBrow r BlOv. X64 d.isn17 e954 0 UC.fCPPCos6904 Date: November 281, 2017 To: City Of Tamarac Attn: Tara Glassover i From: John Sammet Subject: Caporella Aquatic Center Pool Light 9300 NW 58t' St. Bill To: City Of Tamarac Parks & Recreation 6001 Nob Hill Rd. Tamarac, Fl. 33321 Change Order Proposal #1 *Remove 5 existing Pentair LED 300 watt pool lights and install 5 new 100' Pentair Led 300 watt pool lights. $2,750.00 * Remove 2 existing Pentair LED 300 watt pool lights and install 2 special order 150' cord new Pentair Led 300 watt pool lights. $ 1250.00 Total Investment: $ 4,000.00 Thank you ry much for the opportunity to earn your business. For any further assistance, please Feel free to ontact our office at (954) 232-1915 or fax (954) 530-0801. S 4P,1 Jo Sammet, Jr., President Sahimet Pools Inc. CPC 056904 SAMMET POOLS, INC. 7027 west Broward Blvd. #264 Plantation, FL 333=7 954.232.1915 Phone 954.530.9801 Fax Ue. & Insured CPC*56904 Date: December 16, 2017 —Revised 1/18/18 To: City Of Tamarac Attn: Bryan Farrow From: John Sammet Subject: Caporella Aquatic Center — Main Pool and Activity Pool PO # 200381 Change Order Proposal # 2 Price increase due to contract being signed over a year ago and work starting later than originally agreed upon as follows: Chief Pools Original Proposal dated 6/21/16 Chief Pools Revised Proposal dated 12/13/17 Difference Subtotal Price Increase (We removed our markup to lower the price) Tile Labor Cost Increase Insurance Increase Subtotal Price Increase (We removed our markup to lower the price) TOTAL PRICE INCREASE CHANGE ORDER REQUEST: Thank you very much for the opportunity to earn your business. For any further assistance, please Feel fr , e to co tact our office at (954) 232-1915 or fax (954) 530-0801. Si � lye Jo et, , President Saminet Pools Inc. CPC 056904 $ 49,560.00 $ 54,465.00 $ 4,905.00 $ 4,905.00 $ 850.00 $ 745.00 $ 1,595.00 $ 6,500.00 CHIEF POOL AND PUMP SERVICE, INC. Pool Plastering/Renovation Division ► 201 S. 'H' Street - Lake Worth, FL 33460 Phone - 661-640-7217/ Fax - 661-697-0063 DATE: 6/21/2016 JOB NUMBER: COMPANY: SAMMET POOLS NAME: CITY OF TAMARAC - CAPORELLA AQUATIC CENTER ADDRESS: 9300 NW 58TH ST CITY, ST ZIP: TAMARAC, FL DESCRIPTION PREP LAP POOL $9,990.00 PLASTER 520 LN FT (9,990 SQ FT) POOL WITH STANDARD $29,970.00 AGGREGATE ADD $2,000 TO CUT AROUND RACE LANE TILES ON FLOOR AND WALLS. CHIEF POOLS DOES NOT ASSUME RESPONSIBILITY FOR ANY TILE BROKEN DURING THE PREPPING/PLASTERING PROCESS. PREP SPLASH POOL $2,400.00 PLASTER 200 LN FT (2,400 SQ FT) SPLASH AREA WITH STANDARD $7,200.00 AGGREGATE ADD $800 TO INCLUDE FILTER TANKS START-UP AND TILE WORK NOT INCLUDED 50% DEPOSIT REQUIRED PRIOR TO SCHEDULING WITH BALANCE DUE UPON COMPLETION Of JOB_. TOTAL: $49,560.00 SIGNATURE: °� :,� _ DATE:I i I1 CHIEF POOL AND PUMP SERVICE, INC. s = Pool Plastering/Renovation Division 201 S. 'H' Street - Lake Worth, FL 33460 Phone - 561-640-7217/ Fax - 561-697-0063 DATE: 12/13/2017 JOB NUMBER: COMPANY: SAMMET POOLS NAME: CITY OF TAMARAC - CAPORELLA AQUATIC CENTER ADDRESS: 9300 NW 58TH ST CITY, ST ZIP: TAMARAC, FL DESCRIPTION PREP LAP POOL $9,990.00 PLASTER 520 LN FT (9,990 SQ FT) POOL WITH STANDARD $33,915.00 AGGREGATE ADD $2,000 TO CUT AROUND RACE LANE TILES ON FLOOR AND WALLS. CHIEF POOLS DOES NOT ASSUME RESPONSIBILITY FOR ANY TILE BROKEN DURING THE PREPPING/PLASTERING PROCESS. PREP SPLASH POOL $2,400.00 PLASTER 200 LN FT (2,400 SQ FT) SPLASH AREA WITH STANDARD $8,160.00 AGGREGATE ADD $800 TO INCLUDE FILTER TANKS START-UP AND TILE WORK NOT INCLUDED 50% DEPOSIT REQUIRED PRIOR TO SCHEDULING WITH BALANCE DUE UPON COMPLETI N OF JOB / TOTAL: $54,465.00 SIGNATURE: k �' '11`J11---/ DATE: I ,--) It Date: December 18, 2017 To: City Of Tamarac Attn: Bryan Farrow From: John Sammet SAMMET POOLS, iNc. 7027 West Broward Blvd. #264 Pfantatl094 FL 33317 9S4.131.191S Phone 954.530.0801 Fax Lie. & Insured CPCOS6904 Subject: Caporella Aquatic Center —Main Pool and Activity Pool PO # 200381 Change Order Proposal # 03 As we discussed this morning on site with Linda, Bryan, Dania and Tara upon draining the pool we noticed numerous gabbing holes in the in the tile of lap pool which certainly will be leaking a tremendous amount of water that not only cost more money for water it also increases the cost of chemicals. Sammet Pools recommendation is to clean out and regrout as needed the entire pool. Labor and material to repair holes in tile grout $ 1,500.00 Our Profit Markup @ 5% $ 112.50 Our Overhead Markup @ 5% 112.50 Total Price Increase $1,725.00 TOTAL PRICE INCREASE CHANGE ORDER REQUEST: $1,725.00 Thank you very much for the opportunity to earn your business. For any further assistance, please Feel free to p64tact our office at (954) 232-1915 or fax (954) 530-0801. Sic el , J@n Jr., resident Sarlmet Pools Inc. CPC 056904 SAMMET POOLS9 INC. 7027 west Browa -d Blvd& ft 4 Plantation, FL 33317 954•232.1915 Phone 954.530AM01 Fax LAC. & Insured CPCO56904 Date: January 20te 2018 To: City Of Tamarac Attn: Greg Warner, John Doherty and Bryan Farrow From: John Sammet Subject: Caporella Aquatic Center — Main Lap Pool PO # 200381 Change Order Proposal # 04 As we discussed the morning of 1/18 onsite with Linda, Bryan, Dania and Tara upon draining the lap pool we discovered 2 structural cracks and the ways to remedy them. Greg and I had a conference call with my engineer Scott Vaughn on Friday morning 1/19. Scott recommended that we get a couple core drilled samples from the floor of the pool where the structural cracks are located. We core drilled (2) holes and reported findings to Scott Vaughn, Greg Warner and John Doherty. Scott says that the only option available to properly remedy the compromised pool floor is to remove the entire pool floor in the affected areas 4' beyond each structural crack. This means we will need to remove an area approx.. 23'x 28' 9"-12" thick. After removal we will repair any damage to the existing floor return system. We will grade and excavate by hand any materials to achieve a minimum 12" thick pool floor then compact the sub -grade with plate compactor. Next we drill approx. (254) 4" deep holes in the existing pool shell. Epoxy (254) 4' #4 rebar into existing pool shell with Quickrete Hi Strength anchor epoxy. The double matt steel consists of the following install bottom matt #4 rebar 6" on center each way ( o.c e.w.) which consist of (42) 23' #4 rebar and (34) 28' #4 rebar and upper matt 12" o.c. e.w. which consist of (28) 23' #4 rebar and (23) 28' #4 rebar. Apply Sikadur 35 Hi Mod LV bonding agent to existing pool shell where new concrete meets. Shoot approx.. 25 yards of 4,000 psi concrete to fill in pool floor. Engineering calculations, plans and up to (2) site visits. $ 3,150.00 Permit allowance $ 1,000.00 Demo approx.. 23'x 28' 9"-12" concrete floor and haul away. $ 7,152.00 Repair floor return system. $ 800.00 Compact subgrade with plate compactor. $ 325.00 (254) 4' #4 rebar. $ 508.00 (56) 28' #4 rebar. $ 548.50 (70) 23' #4 rebar. $ 563.50 (12) tubes of Quickrete Hi Strength epoxy. $ 241.30 (4) Bosch %2" x 4" Carbide drill bits. $ 42.27 (3) Units of Sikadur 35 Hi Mod LV. $ 710.44 Labor to drill approx.. (254) 4" deep holes, epoxy (254) 4' #4 rebar, tie both matts of rebar. (2) semi -skilled workers (4) 9 hour days at $24/hr. $ 1,728.00 (2) skilled workers (4) 9 hour days at $31/hr. $ 2,232.00 (1) supervisor (4) 9 hour days at $50/hr. $ 1,800.00 Shotcrete crew to shoot approx.. 25 yards of 4,000 psi concrete for new pool floor. $ 4,475.00 Labor and material to properly repair structural cracks. $25,276.01 Overhead Markup @ 5% $ 1,263.80 Profit Markup @ 5% $ 1,263.80 Above Total $ 27,803.61 TOTAL PRICE INCREASE CHANGE ORDER REQUEST: $ 27,803.61 ThankIyou very much for the opportunity to earn your business. For any further assistance, please Feel flee to contact oi4r office at (954) 232-1915 or fax (954) 530-0801. JohnIa a jr., Ps ident Samm4rt Pools Inc. CPC 056904