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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 V •- 1 1 7-' L 7- a AYO F-i I - m_ lrr II i N CV l 1 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. ``\\%%IIIlIIit., pBAC �O'•� Off. 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 I&/) F 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 / :SS 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 # MY COMMISSION i F 2 EXPIRES: June 3, 2019 �'+rEOF POP Bonded ThNB*etNotary Servim Print, Type or Stamp Name of Notary Public dPersonally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oa DID NOT take an 17-03R — Design / Build Fire Station 36 12 West Construction, Inc.