HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-061Temp. Reso. # 13105
June 13, 2018
Page 1
CITY OF TAMARAC, FLORIDA
I ;" 0
RESOLUTION NO. R-2018-,- 2' "
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING RFP NO. 17-03R TO
AND APPROVING AN AGREEMENT WITH WEST
CONSTRUCTION, INC. FOR THE DESIGN/BUILD OF FIRE
STATION 36 PROJECT FOR A CONTRACT AMOUNT OF
$5,199,041.00; A CONTINGENCY IN THE AMOUNT OF
$300,000.00 WILL BE ADDED TO THE PROJECT
ACCOUNT FOR A TOTAL PROJECT BUDGET OF
$5,499,041.00; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING AN
APPROPRIATION OF $300,000.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to provide its
residents and businesses with a high level of fire and rescue services; and
WHEREAS, City Staff assessed the available options and constraints, and
determined the best course of action was to construct a new Fire Station along the
University Drive Corridor; and
WHEREAS, the City Commission approved the purchase of the proposed Fire
Station 36 Site at 7200 N. University via Resolution No. R-2014-54, and, via Resolution
No. R-2015-24 approved the demolition of existing buildings for the clearing and
preparation of the site, copies of Resolution No. R-2014-54 and Resolution No. 2015-24
are incorporated herein by reference and are on file in the office of the City Clerk; and
WHEREAS, the Proposed Fire Station 36 Building, is located on an approximately
3.41 acre lot located at 7200 N. University Drive, Tamarac, Florida 33321 (see conceptual
site plan attached herein as Exhibit 1); the western 1.4 (approximately) acre section of
Temp. Reso. # 13105
June 13, 2018
Page 2
the project site is currently being utilized as a temporary fire rescue station, which will
remain active throughout the duration of this project; the eastern 2.0 (approximately) acre
section of the project site is currently vacant and is reserved for Fire Station 36; and
WHEREAS, the City published Request for Proposal (RFP) 17-03R for the
Design/Build of the Fire Station 36 Project (Steps 1 and 2) in accordance the requirements
of State of Florida Statute 287.055, the Consultant's Competitive Negotiations Act
(CCNA) which included the construction of a new hardened fire station, development of
cost estimates with product specifications, design plans and details, permitting, and
construction of the Fire Station 36 Construction Project in accordance with the terms,
conditions, and specifications contained in RFP 17-03R as well as in compliance with the
2014 Florida Building Code, a copy of RFP 17-03R is incorporated herein by reference
and on file in the office of the City Clerk; and
WHEREAS, a Selection Advisory Evaluation Committee was convened and was
comprised of the Fire Department Chief, acting on behalf of the City Manager, Director of
Public Services, Assistant Director of Public Services/Capital Improvement Project
Program Manager acting on behalf of the City Engineer, Project Engineer acting on behalf
of the Assistant City Manager, Assistant Director of Community Development acting on
behalf of the Director of Community Development, Budget Manager acting on behalf of
the Director of Financial Services, and the Purchasing Senior Procurement Specialist
acting on behalf of the Purchasing and Contracts Manager, and
WHEREAS, the Selection Advisory Evaluation Committee reviewed the proposals
of four (4) firms, All -Site Construction, Inc., Di Pompeo Construction, Gulf Construction,
LLC, and West Construction, Inc., which were short-listed to the top -ranked three (3)
Temp. Reso. # 13105
June 13, 2018
Page 3
firms, including Di Pompeo Construction, Gulf Construction, LLC, and West Construction,
Inc., a copy of the Step 1 Evaluation is incorporated herein by reference and on file in the
office of the City Clerk; and
WHEREAS, the above mentioned short-listed firms were solicited for Step 2 of the
proposal which was issued on January 18, 2018, with a due date of February 20, 2018;
and
WHEREAS, responses to Step 2 were received from all three (3) short-listed firms,
and each of the three (3) firms made a formal presentation to the Selection Advisory
Evaluation Committee on April 18, 2018; and
WHEREAS, upon completion of the formal presentations, the Selection Advisory
Evaluation Committee reviewed the proposals of the three (3) firms on Step 2 and ranked
West Construction, Inc. as number one (1) out of the three (3) firms after the completion
of formal oral presentations from three (3) firms; a copy of the Evaluation Worksheet is
attached hereto as "Exhibit 2", incorporated herein and made a specific part of this
Resolution; and
WHEREAS, it is the recommendation of the Director of Public Services, the Fire
Chief, the Director of Financial Services, and the Purchasing and Contracts Manager that
the City Commission of the City of Tamarac award RFP 17-03R to and execute an
Agreement with West Construction, Inc., a copy of the Agreement is attached hereto as
"Exhibit 3", incorporated herein and made a specific part of this Resolution; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to award RFP 17-
Temp. Reso. # 13105
June 13, 2018
Page 4
03R to and execute an Agreement with West Construction, Inc., for the Design/Build of
Fire Station 36 Project at a contract cost of $5,199,041.00; a contingency in the amount
of $300,000 will be added to the project account for a total project budget of $5,499,041.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: The City Commission hereby awards RFP No. 17-03R to and
approves an Agreement between the City of Tamarac and West Construction, Inc. ("the
Agreement") and the appropriate City Officials are hereby authorized to execute the
Agreement, hereto attached as "Exhibit 3", to provide for the Design/Build of Fire Station
36 Project located at 7200 N. University Drive, Tamarac, Florida 33321.
SECTION 3: An expenditure for a contract cost of $5,199,041.00; a
contingency in the amount of $300,000 will be added to the project account for a total
project budget of $5,499,041 is hereby approved.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City Code
including any additional work within the constraints of the contingency allowance, and
Temp. Reso. # 13105
June 13, 2018
Page 5
close the contract award including, but not limited to making final payment within the terms
and conditions of the contract and within the contract price.
SECTION 5: An appropriation in the amount not to exceed $300,000 is
hereby approved and will be included in Budget Amendment Number Two in November
2018, pursuant to F.S. 166.241(2).
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION T If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
"The remainder of this page is intentionally left blank."
1
SECTION 8:
passage and adoption.
Temp. Reso. # 13105
June 13, 2018
Page 6
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this /3 day of )2018.
— 1 6�41 —
HA Y RESSLER, MAYOR
ATTEST:
TRICIA TE FEL, C C
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
VM/AaG w/
SAMUEL S. GO N
CITY ATTORNE
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
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TR 13105 - Exhibit 2
April2018 Design Build Fire Station 36 RFP 17-03R
Committee Evaluation Totals
STEP 2
Proposer's Name:
DiPompeo Construction I
Gulf Building LLC
Expertise/Qualifications (Max 20 points)
Fire Chief
20
20
Project Engineer
18
18
"" 9
Director of Public Services
19
19
19
Asst. Director of Public Services
16
17
18
Asst. Director of Community Dev.
19
17
19
Budget Manager
18
18
18
Senior Proc. Specialist
20
20
Availability of the
proposed staff members (Max 15 points)
Fire Chief
15
15
Project Engineer
13
14
Director of Public Services
14
14
Asst. Director of Public Services
14
14
r---
C14
Asst. Director of Communi Dev. 14 13
Budget Manager 15 15
Senior Proc. Specialist 15 15
Knowledge of and approach to the proposed work (Max 20 points)
Fire Chief
15
15
2
Project Engineer
19
13
18 '
Director of Public Services
17
15
19
Asst. Director of Public Services 16 14 19
Asst. Director of Community Dev. 16 12 19
Budget Manager 12.5 15
Senior Proc. Specialist 17 16
Team Work History; (Max 20 Points)
Fire Chief
15
12
Pro ect Engineer
15
17
Director of Public Services
18
15
Asst. Director of Public Services
15
16
Asst. Director of Community Dev.
18
17
18
Budget Manager 20 20
Senior Proc. Specialist 17 19
Project Cost Proposal (Max 25 points)
Fire Chief
20
17.75
Project Engineer
20
17.75
Director of Public Services
20
17.71i
Asst. Director of Public Services
20
17.75
Asst. Director of CommunityDev.
20
17.75
Bud et Mana er
20
17.75
Senior Proc. Specialist
20
17.75
TOTAL POINTS
Fire Chief
85
79.75
Project Engineer
85
79.75
Director of Public Services
88
80.75
Asst. Director of Public Services
81
78.75
Asst. Director of CommunityDev.
76.75
87
Budget Manager
85.5
85.75
Senior Proc. Specialist
87.75
89
600.E
669.25
TOTAL RANKING
Fire Chief
2
3
Project Engineer
2
3
Director of Public Services
3
2
Asst. Director of Public Services
2
3
Asst. Director of Cc munity Dev.
2
3
Bud el Mana er
3
2
Senior Proc. Specialist
2
3
Vendors Ranked
2
3
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hftg)s://tamarac.bidsandtenders.org
AGREEMENT
BETWEEN THE CITY OF TAMARAC AND
WEST CONSTRUCTION, INC.
THIS AGREEMENT is made and entered into this ay of 2017 by and
between the City of Tamarac, a municipal corporation with princ al offices located at 7525 N.W.
88th Ave., Tamarac, FL 33321 (the "CITY") and WEST CONSTRUCTION, INC., a Florida
corporation with principal offices located at 820 NORTH 4TH STREET LANTANA, FL 33462 (the
"Contractor") to provide for the DESIGN BUILD OF FIRE STATION 36,
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Contractor agree as follows:
The Contract Documents
The Contract Documents consist of this Agreement, RFP Document No 17-03R Steps 1
and 2, 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 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 17-03R as issued by the City, and the Contractor's Proposal, 17-03R
Steps 1 and 2 as issued by the 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 17-03 Steps 1 and 2.
2.1.2 Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner. Contractor
shall comply with all OSHA safety rules and regulations in the operation of
equipment and in the performance of the work. Contractor shall at all times have
a competent field supervisor on the job site to enforce these policies and
procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to
the beginning of work under this Agreement and prior to any schedule change with
the exception of changes caused by inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the Contractor, its employees, agents or subcontractors, if
any, with respect to the work and services described herein.
3. Insurance
17-03R — Design / Build Fire Station 36 1 West Construction, Inc.
CITY OF TAMARAC
7525 NW Rtith Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"ComnliHed to Excellence. -Always"
hftps://tamarac.bidsandtenders.org
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. The following are required types and minimum
limits of insurance coverage, which the Bidder agrees to maintain during the term of this
contract:
Insurnnca Requirements
Line of Business/ Cove ratte
q<currenca Aggregate
Line of BuslneulOovera a
Umlts
Commercial General Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
$2,000,000
$3,000xa
Evlosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Saverabilily of Interost Clause
Commercial Automobile Liability
$1.000,000 1$2,00.000
Workers' Com ensation & Employers
Staluto
Professional Liability Errors and Omissions
S1,0M,000
The Offeror must provide the Cilywith evidence of Professional Liability Insurance
with, Of a minimum, a limit of $1.000,000 per occurrence and in the aggregate.
'Claims-Wdo' forms are acceptable for Professional Liability.
Builder's Risk Insurance: In an amount not less than The Replacement Cost for the
consbuctlon of the work Coverage shall be "All Rlsk^ coverage for one hundred
percent (100%) of the completed value with a deductible of not more than five
thousand and W100 dollars ($5,000) per claim.
4. Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced after City execution
of the Agreement and not later than ten (10) days after the date that Contractor receives
the City's Notice to Proceed, subject to at permitted extensions of time under the Contract
Documents. Project substantial completion shall be within Five Hundred Sixty (560) days
from issuance of City's Notice to Proceed, subject to any permitted extensions of time
under the Contract Documents. Final completion, shall be Forty -Five (45) calendar days
from date of substantial completion totaling, Six Hundred Five (605) calendar days. For
the purposes of this Agreement, 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
17-03R— Design /Build Fire Station 36
West Construction. Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https:/Itamarae.bidsandtenders.org
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 Five Million One Hundred Ninety -Nine
Thousand Forty -One Dollars and Zero cents ($5,199,041.00).
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, bid number and purchase
order number. City has up to thirty (30) days to review, approve and pay all invoices after
receipt. The Contractor shall invoice the City and provide a written request to the City to
commence the one (1) year warranty period. All necessary Releases of Liens and
Affidavits and approval of Final Payments shall be processed before the warranty period
begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VI I,
Chapter 218.
7) REMEDIES
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by
the City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall be
the sole judge of non-conformance and the quality of workmanship.
8) CHANGE ORDERS
8.1 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.
17-03R — Design / Build Fire Station 36 3 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https://tamarac.bidsandtenders.org
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.
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
17-03R — Design / Build Fire Station 36 4 West Construction, Inc
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hfti)s:/ttamarac.bidsandtenders.org
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
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 one (1) year 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 one (1) year
warranty period does not begin until approval of final payment for the entire project, and
the subsequent release of any Performance or Payment Bonds, which may be required
17-03R — Design / Build Fire Station 36 5 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https://tamarac.bidsandtend ers. orq
by the original bid document.
12) INDEMNIFICATION
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 00/100 ($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 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.
17-03R — Design / Build Fire Station 36 6 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
14) INDEPENDENT CONTRACTOR
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
hftps://tamarac.bidsandtenders.org
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:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR:
WEST CONSTRUCTION, INC.
820 NORTH 4TH STREET
LANTANA, FL 33462-1710
17-03R— Design /Build Fire Station 36 7 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
59-1809068
MORGAN, MARTHA A
MAmorgan@westconstructioninc.net
NMartinez@westconstructioninc.net
Phone: 561-588-2027
Fax: 661-582-9419
17) Termination
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
httos://tamarac.bidsandtenders.ora
17.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the terminating party to the
other party 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 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
17-03R — Design / Build Fire Station 36 8 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https://tamarac.bidsandtenders.org
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 extent of such prohibition or unenforceability without
invalidating 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 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 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
17-03R — Design / Build Fire Station 36 9 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence —Always"
httos://tamarac. bidsandtenders.orn
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) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other than a
bona fide employee working solely for 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 Contractor, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement.
27) PUBLIC RECORDS 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
CITYCLERK(&-TAMARAC.ORG
17-03R — Design / Build Fire Station 36 10 West Construction, Inc.
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https:/ttamarac.bidsandtenders.org
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager,
and CONTRACTOR, signing by and through its President duly authorized to execute same.
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Patricia A
City Clerk
— � /n�
Date
ATTEST
'Si lature bf Cor,96fate Secretary
MaWlew F. West
Seeretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF
Harry Dressler, Mayor
Date
ApproXecj as to f m d legal sufficiency:
,X
City Attorney
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Date
WEST CONSTRUCTION, INC.
Company Name
S&�Srure"5'f Pfesident
Martha A. Morgan
Type/Print Name of President
Date
17-03R — Design / Build Fire Station 36 11 West Construction; Inc.
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave . "Committed to Excetience—Always„
Tamarac, FL 33321 https:/I tamarac.bidsandtenders.org
CORPORATE ACKNOWLEDGEMENT
STATE OF Get
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COUNTY OF '
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
and in the,Coun y of resaid to take aqktlolvvl g entsi personally ap eared
of a
d Corpor tion, 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,�Kyday
t�arP�e otary Public
�° ..•..,o� QUELJ.B of Florida at Large
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EXPIRES: June 3, 2019
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17-03R — Design / Build Fire Station 36 12 West Construction, Inc.