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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-149Temp. Reso. #13202 November 14, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 -_/ Lf q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 18-25B TO AND APPROVING AN AGREEMENT WITH FG CONSTRUCTION, LLC FOR THE NW 51ST COURT RESURFACING PROJECT, IN ACCORDANCE WITH BID NO. 18-25B FOR A CONTRACT AMOUNT OF $114,236.90; A CONTINGENCY IN THE AMOUNT OF $11,423.69 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL PROJECT BUDGET OF $125,660.59; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents and visitors with safe roadway systems throughout the City; and WHEREAS, the Public Services Department monitors the pavement conditions of entire Public Rights -of -Way and has identified roadway segments at NW 511t Court to have substantial deficiencies requiring immediate improvement work, including but not limited to compacted subgrade, placement of Mirafi RS580i geotextile, compacted limerock base and asphaltic concrete pavement; and WHEREAS, the City of Tamarac publicly advertised Bid No. 18-25B for the NW 51 st Court Resurfacing Project on September 12, 2018; incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on October 10, 2018, the City of Tamarac received seven (7) proposals for the NW 51st Court Resurfacing Project, a bid tabulation is attached hereto as "Exhibit 1 "; and Temp. Reso. #13202 November 14, 2018 Page 2 WHEREAS, staff determined the lowest responsive responsible bidder to be FG Construction, LLC; and WHEREAS, FG Construction, LLC possesses the required knowledge and experience to construct the NW 51 st Court Resurfacing Project and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 18- 2513; and WHEREAS, it is the recommendation of the Public Services Director and Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 18- 25B and execute the agreement with FG Construction, LLC for the NW 51 st Court Resurfacing Project, a copy of said 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. 18- 25B and execute the agreement for the NW 51St Court Resurfacing Project with FG Construction, LLC for a contract amount of $114,236.90; a contingency in the amount of $11,423.69, for a total project budget of $125,660.59. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part hereof. 1 1 1 1 Temp. Reso. #13202 November 14, 2018 Page 3 SECTION 2: The City Commission HEREBY awards Bid No. 18-25B to FG Construction, LLC and approves an Agreement between the City of Tamarac and FG Construction, LLC ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, attached hereto as "Exhibit 2", to provide for the NW 51St Court Resurfacing Project. SECTION 3: An expenditure for a contract cost of $114,236.90; and a contingency in the amount of $11,423.69, for a total project budget of $125,660.59 for said purpose is hereby approved. SECTION 4: Funding for the NW 51st Court Resurfacing Project for a contract amount of $114,236.90 and a contingency in the amount of $11,423.69, for a total project budget of $125,660.59 is available in the Local Option Gas Tax Fund. SECTION 5: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6- 147 of the City Code, and close the contract award, which includes, but is not limited to, making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 Temp. Reso. #13202 November 14, 2018 Page 4 of this Resolution. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this/� day of "a' , 2018. FfARFZY D ESSLER MAYOR ATTEST: PATRICIA TEUFEL, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER 1. DIST 1: COMM. BOLTON >0 DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY 1 CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave. -y. "Committed to Excellence... Always" Tamarac, FL 33321 Tho City for Your Life CONSTRUCTION AGREEMENT BETWEEN THE CITY OF TAMARAC I.1►1�] FG CONSTRUCTION. LLC THIS AGREEMENT is made and entered into this jt+ day of & 2rwbtj 20JZ 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 FG CONSTRUCTION, LLC a Florida corporation with principal offices located at 2701 NW 55th Ct Tamarac, FL 33309 (the "Contractor") to provide construction services for Bid No. 18-25B - NW 51st Court Resurfacing Project Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Bid Document No. 18-25B for "NW 51st Court Resurfacing Project", issued by the City of Tamarac on September 12th 2018 including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions, Instructions to Bidder's), drawings and/or schematic plans, Technical Specifications, all addenda, the Contractor's Bid response dated October 10th 2018, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid 18-25B for "NW 51st Court Resurfacing Proiect" as issued by City, and the contractor's bid response; Bid 18-25B for "NW 51st Court Resurfacing Project" 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. 18-25B - NW 51st Court Resurfacing Project 1 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave .. -�,� "Committed to Excellence —Always" Tamarac, FL 33321 The City for Your Lifts 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 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) PERFORMANCE, PAYMENT AND WARRANTY BONDS 4.1 Within fifteen (15) calendar days after contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. 4.2 The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of one hundred 100% of the bid award amount as security for the faithful project performance and payment of all the Contractor's obligations under the contract documents, per City Code Section 10-156. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the 18-258 - NW 51st Court Resurfacing Project 2 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave "Committed to Excellence... Always" Tamarac, FL 33321 Thts City For your bite amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. At the completion and formal approval and acceptance of all work associated with the project, a one-year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 4.3 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Contractor correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public records of Broward County at the Bidder's expense. Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City 5) TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within Forty -Five (46) Calendar days for Final Completion from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion) within Thirty (30) calendar days from issuance of City's Notice to Proceed. 5.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 6) CONTRACT SUM 18-258 - NW 51st Court Resurfacing Project 3 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �,.a. -ti,,. "Committed to Excellence... Always" Tamarac, FL 33321 The City For Your life The Contract Sum for the above work is a "not to exceed" total of One Hundred Fourteen Thousand Two Hundred Thirty -Six Dollars and Ninety Cents Dollars ($114,236.90). 7) PAYMENTS Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until fifty percent (50%) of the project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City for final payment and provide a written request to the City to commence the one (1) year warranty period, from the date of City approval of Final Payment. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 8) REMEDIES 8.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non- conformance and the quality of workmanship. 9) CHANGE ORDERS 9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five percent (5%) and five percent (6%) respectively. 9.2 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 9.3 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 18-258 - NW 51st Court Resurfacing Project 4 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �r-��,✓°°.,. �,� "Committed to Excellence... Always" Tamarac, FL 33321 Thy City For Your Lite 9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 9.6 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 9.6 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 9.7 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any item requiring a change in the contract, and a change order has not been issued, City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 10) LIQUIDATED DAMAGES Project Substantial completion shall be within Thirty (30) calendar days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be Fifteen (16Lcalendar days from date of substantial completion. All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in meeting these time limits are difficult or impossible to 18-258 - NW 51st Court Resurfacing Project 5 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �••�,,f "Committed to Excellence... Always" Tamarac, FL 33321 YWr City For Your Life ascertain. Therefore, the parties hereby agree that in the event that the Contractor fails to meet the time limits, as may be extended by the City in accordance with the terms of the Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed against Contractor in the amount of Two Hundred Fifty Dollars and no Cents 250.00 for each calendar day beyond the time imposed until such work is completed. 11) NO DAMAGES FOR DELAYS ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 12) WAIVER OF LIENS Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City form all claims of liability by Contractor in connection with the agreement. 13) WARRANTY Contractor warrants the work against defect for a period of One 1 years from the date of City approval of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to the affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment 18-258 - NW 51st Court Resurfacing Project 6 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave "Committed to Excellence... Always" Tamarac, FL 33321 iha City For Your Life for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 14) INDEMNIFICATION 14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time 15) NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 16) INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full 18-258 - NW 5lst Court Resurfacing Project 7 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �Z„� "Committed to Excellence... Always" Tamarac, FL 33321 The City For Your life opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 17) ASSIGNMENT AND SUBCONTRACTING Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 18) NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Name: FG CONSTRUCTION, LLC Address:2701 NW 55th Ct Tamarac, FL 33309 FIN/EIN:30-0684928 Contract Licensee: General Contractor (GC): CGC1511391 Contact:Bao Dana Email: bao(a-)gavement.net Phone: 954-766-4053 Fax: 866-791-3135 19) TERMINATION 19.1 Termination for Convenience: This Agreement may be terminated by City for convenience, upon seven (7) days of written notice by terminating party to the other party for such termination in which event Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify city against loss pertaining to this termination. 18-258 - NW 51st Court Resurfacing Project 8 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ^ ,-�� "Committed to Excellence... Always" Tamarac, FL 33321 Th�-, (;0 / Fnr You, Litti 19.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 20) AGREEMENT SUBJECT TO FUNDING This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 21) VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 22) SIGNATORY AUTHORITY The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 23) SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the remainder of this Agreement. 24) UNCONTROLLABLE CIRCUMSTANCES 24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions, such as delays in permitting due to outside agencies, which are beyond the Contractor's control. 24.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from 8-258 - NW 5Ist Court Resurfacing Project 9 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ays "Committed to Excellence... Always" Tamarac, FL 33321 The- City For Your Life 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. 26) MERGER; AMENDMENT This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 26) NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 27) CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 28) SCRUTINIZED COMPANIES - 287.135 AND 215.473 28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 28.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error 18-25B - NW 51st Court Resurfacing Project 10 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave �-�„/"# �, "Committed to Excellence... Always" Tamarac, FL 33321 The City For Your Life then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 29) PUBLIC RECORDS 29.1 The City 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: 29.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 29.1.2 Provide the public with access to such public records on the same terms s that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 29.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 29.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 29.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in, "Termination", herein. 30) CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 18-25B - NW 51st Court Resurfacing Project 11 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Avew-��/^'.- �,,+ "Committed to Excellence... Always" Tamarac, FL 33321 Th<, City For Your utq 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 Managing Member duly authorized to execute same. \e0� �f � IMI 1111// CITY OF JAAl M R C \� gyp'•. • �' ''� s ' .� HarrIessler, Mayor Dat ATTEST: f'fy�t? COS)°`�� Michael C. ernech, City Man er t1t19°° _VPatricia A. Teufel, CIVIC Date City Clerk Approve as to form and legal sufficiency: Date 1 t rney Date ATTEST: FG CONSTRUCTION, LLC Signat f Corp Secretary Signatur a g" Member L(4A-14 NC q yc/V Khang Nguyen Type/Print Name of Corporate Secy. Name of Managing Member (CORPORAT Date RUCr V , ••a�aabi►lty�3�Z SEAL :0 N9�►:eshaazfl`1 �QQ' FOF` FLAP 18-258 - NW 51st Court Resurfacing Project 12 Agreement No Text CITY OF TAMARAC TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave ./'��g"'L� "Committed to Excellence... Always" Tamarac, FL 33321 The City For Your lMe CORPORATE ACKNOWLEDGEMENT STATE OF h C AO�- SS COUNTY OF 1 ,O SHCETA`LAWRENCfi SAY Cor 1 SSION 4t FF2f4141 . „� � EXPIRES March 26. 2019 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared V-) no1 i A a"\&n , President of �- a Corporaf n, to hie k own 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 0C4-, 20 C3 . g a ure of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public [� Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or 1J DID NOT take an oath. 18-258 - NW 51st Court Resurfacing Project 13 Agreement No Text FGCON-1 FDATE(MWDD/YYYY) 10/09/2018 ACORD` CERTIFICATE OF LIABILITY INSURANCE �� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 800-467-4914 Bluestone Insurance 611 NE 4th Avenue C NTACT Lynn Corning PHONE 800-467-4914 FAX 954-719-7118 (A/C, No, Ext): (A/C, No): E-MAILss: ynn ue 1 nsurance.com ADDRE Ft Lauderdale, FL 33304 David Bartholomew INSURERS AFFORDING COVERAGE NAIC # INSURER A:FUBA Insurance Co. INSURED FG Construction LLC 2701 NW 55th Court Ft. Lauderdale, FL 33309 INSURER B : Liberty Mutual Insurance Colon Insurance Company INSURER C: Y P y INSURER 0: Great American Insurance Co. INSURER E : INSURER F : nnVFROr:FS rFRTIFlrATF NIIMRFR- RFVISION 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. INSR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR Y 103GL9918123-00 07/25/2018 07/25/2019 EACH OCCURRENCE 1,000,000 $ DPREMISES AMAGE TOER�EoNcTuErDrenoel $ 100,000 MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [X] JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 B AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS WN AUTOS ONLY AUTO OEDY X Comp X Coll Y BASS7877363 04/21/2018 04/21/2019 COMBINEDSINGLELIMIT a a. t 1,000,000 $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PPe�PEcRldent AMAGE $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 103GL9918123-00 07/25/2018 07/25/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN10659733 �FFICER/MEMgER EXCLUDED? illandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below N / A 01/22/2018 01/22/2019 PTAT T ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 D Equipment Floater [PP26526106 03/10/2018 03/10/2019 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more'space Is required) General Contractor -Certificate holder is named as Additional Insured City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE David Bartholomew ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD No Text