HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-0691
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Temp. Reso. # 13121
June 27, 2018
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2018�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 18-
17B TO AND APPROVING AN AGREEMENT WITH H.G.
CONSTRUCTION, DEVELOPMENT AND INVESTMENT,
INC. ("H.G. CONSTRUCTION"), FOR THE TAMARAC
BIKEWAY/WALKWAY SYSTEM PROJECT — PHASE V,
ALONG NW 76TH STREET FROM UNIVERSITY DRIVE TO
NW 70TH AVENUE, AND PHASE VI, ALONG NW 64TH
AVENUE FROM NW 57TH STREET TO BAILEY ROAD, IN
ACCORDANCE WITH BID NO. 18-17B FOR A CONTRACT
AMOUNT OF $658,371.08; A CONTINGENCY IN THE
AMOUNT OF $65,837.10 WILL BE ADDED TO THE
PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET
OF $724,208.18; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance
multi -modal transportation, wellness and recreational opportunities throughout Tamarac;
and
WHEREAS, the City desires to provide a safe connectivity between City facilities,
schools; shopping areas, residential areas and the Broward County Greenway system
by establishing an integrated bikeway/walkway system throughout the City; and
WHEREAS, per Resolution R-2018-11, dated January 24, 2018, the City
Commission authorized City Officials to accept a grant award in an amount not to
exceed $400,000.00 from the Federal Highway Administration (FHWA) through the
Federal Department of Transportation (FDOT) through the State of Florida Legislative
Appropriations Process, a copy of R-2018-11 is incorporated herein by reference and is
Temp. Reso. # 13121
June 27, 2018
Page 2
on file in the office of the City Clerk, and
WHEREAS, The City of Tamarac received the fully executed LAP Agreement
and the Notice To Proceed (NTP) from FDOT for grant funding in an amount not to
exceed $400,000.00 for the Phase V and VI Bikeway Project on April 6, 2018, the LAP
Agreement allowed the City to put the project out to bid and begin the construction of
the Bikeway Phase V and VI Project. Per the LAP Agreement, the project must be
completed on or before June 30, 2020, a copy of the NTP is incorporated herein by
reference and is on file in the office of the City Clerk; and
WHEREAS, the City published Invitation to Bid No.18-17B for the construction
of the Tamarac Bikeway/Walkway System Project — Phase V and VI, incorporated
herein by reference and on file in the office of the City Clerk; and
WHEREAS, on May 30, 2018 the City of Tamarac received eight (8) proposals
for the Tamarac Bikeway/Walkway System Project — Phase V and VI, with H.G.
Construction, being the lowest responsive bidder, a bid tabulation attached hereto as
Exhibit "'I", incorporated herein and made a specific part of this resolution; and
WHEREAS, H.G. Construction, possesses the required knowledge and
experience for the construction of the proposed project and has agreed to the Terms
and Conditions, Special Conditions, and Technical Specifications of Bid No. 18-1713;
and
WHEREAS, it is the recommendation of the Director of Public Services, Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials be authorized to award Bid No. 18-17B and execute the agreement with H.G.
Temp. Reso. # 13121
June 27, 2018
Page 3
Construction, for the construction of the Tamarac Bikeway/Walkway System Project —
Phase V and VI, attached hereto as Exhibit "2", incorporated herein and made a specific
part of this resolution; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to award Bid No. 18-
17B and execute the agreement for the construction of the Tamarac Bikeway/Walkway
System Project — Phase V and VI with H.G. Construction, for a contract amount of
$658,371.08. A contingency in the amount of $65,837.10 will be added to the Project
Account for a total project budget of $724,208.18.
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 Bid No. 18-17B to and
approves an Agreement between the City of Tamarac and H.G. Construction, ("the
Agreement") and the appropriate City Officials are hereby authorized to execute the
Agreement, hereto attached as "Exhibit 2", to provide for the construction of the
Temp. Reso. # 13121
June 27, 2018
Page 4
Tamarac Bikeway/Walkway System Project — Phase V, along NW 76th Street from
University Drive to NW 70th Avenue, and Phase VI, along NW 64th Avenue from NW
57th Street to Bailey Road, in accordance with Bid No. 18-17B.
SECTION 3: An expenditure for a contract amount of $658,371.08. A
contingency in the amount of $65,837.10 will be added to the Project Account for a total
project budget of $724,208.18 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, and 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: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
C
n
SECTION 7:
passage and adoption.
Temp. Reso_ # 13121
June 27, 2018
Page 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this OL /
ATTEST.-
PATRICIA TEU
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
f
PAMLJEL S. GORE
CITY ATTORNEY
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MAYOR
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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80008088888000N8N8880088
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac. FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Exceflence...Always"
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
H.G. CONSTRUCTION, DEVELOPMENT AND INVESTMENT, INC.
THIS AGREEMENT is made and entered into this ,cam�" day of 2018 by and
between the City of Tamarac, a municipal corporation with print al offices located at 7525 N.W. 88th
Ave., Tamarac, FL 33321 (the "CITY") and H.G. CONSTRUCTION, DEVELOPMENT AND
INVESTMENT, INC., a Florida corporation with principal offices located at 7003 North Waterway Drive
Suite 218 MIAMI, FL 33155 (the "Contractor") to provide for 18-17B - Tamarac Bikeway / Walkway
System Phase V & VI.
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. 18-17B, including all
conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions), Drawings, Technical Specifications, all Addenda, FDOT Forms, the Contractor's
bid/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
Bid 18-17B as issued by the City, and the Contractor's Proposal, 18-17B as issued by City shall
take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between
this document and any other Contract Documents, this Agreement shall prevail.
2. THE WORK
The Contractor shall perform all work for the City required by the contract documents as set
forth below:
2.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the
scope of work, as outlined in the contract documents 18-17B.
2.2 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.
2.3 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.
2.4 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.
18-17B - Tamarac Bikeway/ Walkway System Phase V & Vi
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
3.
4.
INSURANCE
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
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 as well as
the Florida Department of Transportation (FDOT). 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:
Insurance Requirements
Line of Business/ Coverage
Occurrence I Aggregate
Limits
Commercial General Liability Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
$1,000,000
$1,000,000
Products/Completed Operation
Broad Form Property Damage
Cross Liability and Severability of
Interest Clause
Automobile Liability
$1,000,000.00
$1,000,000.00
Workers' Compensation &
Employer's Liability
Statutory
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. Project substantial completion shall be within Two
Hundred Fifty (250) 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, Two
Hundred Ninety -Five (295) 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 pre -construction or construction portion of the work occur, despite the
18•17B - Tamarac $ikeway/Walkway System Phase V a V! `q
2
CITY OF TAMARAC
7525 NW 88th Ave
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence...Always"
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 Six Hundred Fifty -Eight Thousand Three Hundred
Seventy -One Dollars and Eight Cents ($658,371.08).
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 VII, Chapter 218.
7. REMEDIES
7.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
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 It or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance
and the quality of workmanship.
8. CHANGE ORDERS
8.1 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall not
start work pursuant to a change order until the change order setting forth the adjustments
is approved by the City, and executed by the City and Contractor. Once the change order
is so approved, the Contractor shall promptly proceed with the work. All Change Orders
shall include overhead and profit, not to exceed five percent (5%) and five percent (5%)
respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
18-17B -Tamarac Bikeway / Walkway System Phase V & VI
CITY OF TAMARAC
7525 NW 88th Ave
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence —Always"
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
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.
18-176 - Tamarac Sikewayl Walkway System Phase V & VI
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
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 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
extensionof 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 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
18-17B - Tamarac Bikeway/Walkway System Phase V & Vl
CITY OF TAMARAC
7525 NW 88th Ave
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence —Always"
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.
12.4. FDOT Additional Indemnification Requirements
12.4.1 To the fullest extent permitted by law, the Agency's contractor shall indemnify
.and hold harmless the Agency, the State of Florida, Department of
Transportation, and its officers and employees, from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of the
contractor and persons employed or utilized by the contractor in the performance
of this Contract.
12.4.2 This indemnification shall survive the termination of this Contract. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida and the Agency's sovereign immunity.
12.4.3 To the fullest extent permitted by law, the Agency's consultant shall indemnify
and hold harmless the Agency, the State of Florida, Department of
Transportation, and its officers and employees, from liabilities, damages, losses
and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of the
consultant and persons employed or utilized by the consultant in the performance
of this Contract.
12.4.4 This indemnification shall survive the termination of this Contract. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida and the Agency's sovereign immunity.
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
18-17B - Tamarac Bikeway/ Walkway System Phase V & Vt
CITY OF TAMARAC
7525 NW 88th Ave
PURCHASING AND CONTRACTS DIVISION
"Committed to Excetlence...A/ways"
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.
14. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the
Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment
Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the
manner and means of carrying out Contractor's activities and responsibilities hereunder
provided, further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City,
State, or United States policies, rules or regulations relating to the use of Contractor's funds
provided for herein. The Contractor agrees that it is a separate and independent enterprise from
the City, that it had full opportunity to find other business, that it has made its own investment in
its business, and that it will utilize a high level of skill necessary to perform the work. This
Agreement shall not be construed as creating any joint employment relationship between the
Contractor and the City and the City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
15. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without the
prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted
without the prior written consent of the city.
16. NOTICE
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY:
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
18-17B -Tamarac Bikeway I Walkway System Phase V & Vt
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac. FL 33321
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR:
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence. -Always"
H.G. CONSTRUCTION, DEVELOPMENT AND INVESTMENT, INC.
7003 North Waterway Drive
Suite 218
MIAMI, FL 33155
FIN/E I N: 43-2094655
Contract Licenese: Certified General Contractor
Contact: HILARIO GONZALEZ
E: robert@hgconstruction.us
P: 786-845-8999
F: 786-845-8999
17. TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by City to the Contractor for such
termination in which event the Contractor shall be paid its compensation for services
performed to termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination.
17.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
18. PUBLIC RECORDS
18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
18.1.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
18.1.2 Provide the public with access to such public records on the same terms and
conditions 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;
18.1.3 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
18.1.4 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
18-17B - Tamarac Bikeway Walkway System Phase V & V1
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
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.
18.2 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 Article 17 "Termination" herein.
19. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Tamarac in
the annual budget for each fiscal year of this Agreement, and is subject to termination based on
lack of funding.
20. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
21. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing that the
signatory for Contractor has the authority to enter into this Agreement.
22. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating the remaining provisions hereof or affecting the validity or enforceability of such
provisions in any other jurisdiction. The non -enforcement of any provision by either party shall
not 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 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.
18-17B -Tamarac Bikeway Walkway System Phase V & V1
CITY OF TAMARAC
7525 NW S$th Ave
Tamarac, FL 33321
24. MERGER; AMENDMENT
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence. -Always"
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. 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(c-TAMARAC.ORG
Remainder of Page Intentionally Blank
1 &-17B - Tamarac Bikeway J Walkway System Phase V & V1
10
CITY OF TAMARAC
7525 NW 88th Ave
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
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.
`\01��i111�JrCIT&F TAMARAC
40. Harry ressler, KTayor
�N� Cc
Patricia A. Teufel, CM
City Clerk ,
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
Date
Approved as to form and legal sufficiency:
City or ey
(" /fZ(v
Date
H.G. CONSTRUCTION, DEVELOPMENT AND
INVESTMENIT._INC.
Company
S
nt/Owner
Hilario Gonzalez
Type/Print Name of Owner
Date
18-17B -Tamarac Bikeway Walkway System Phase V & VI
11
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac. FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
CORPORATE ACKNOWLEDGEMENT
STATE OF FI ea id/,,
:SS
COUNTY OF IANI—
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State afore aid
and in the County aforesaid to take acknowledgments personally appeared )4 IAaD GVN2af�
Rteac of H,-- tJmenl YEIDP,��T� - , a F-1bt c a-- Corporation,
to me known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this i' day of20W .
OLGAL.CRUZ
MY COMMISSION # GG 10=
EXPIRES: September 23, 2021
BOndecl Thru Notary Public tJNerwrrters
Signatu of Notary Public
State of Florida at Large
G- avz
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
DID NOT take an oath.
18-17B - Tamarac Bikeway/Walkway System Phase V & VI
12
ACORff CERTIFICATE OF LIABILITY INSURANCE
�--�
DATE(MMIDDIYYYY)
05/21/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Merchant Insurance Solutions
12326 Isabella Drive
CONTACT
NAME: StaCi Merchant
PHONE (239) 823-4382 ac No , (866) 406-4983
E-MAIL smerchant@merchanbnsurancesolubons.com
INSURERS AFFORDING COVERAGE
NAIC N
Bonita Springs FL 34135
INSURER A: United Specialty Insurance Company
12537
INSURED
INSURER B : WESCO INSURANCE COMPANY
25011
HG Construction, Development and Investment, Inc.
INSURER C: EVANSTON INSURANCE COMPANY
35378
7003 North Waterway Drive
INSURERD: ICW GROUP
NIA
Suites 218 & 219
INSURER E: Indemnity Insurance Corporation
12018
Miami FL 33155
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IISUBR
LTRR
TYPE OF INSURANCE
�DL1
INSD
WVD
POLICY NUMBER
POUCYEFF
EFF
POLICY EXP
LIMITS
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
EACH OCCURRENCE
$ 1,000,000
DAMAGE TI N
PREMISES Ea occurrence
$ 100,000
MED EXP (Any one person)
$ Excluded
PERSONAL & ADV INJURY
$ 1,000,000
A
DC100289-01
10/26/2017
10/26/2018
GENT
AGGREGATE LIMIT APPLIES PER:
POLICY a JPER) LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINEDSINGLELIMIT
Ea accident
$ 1,000,000
X
BODILY INJURY (Per person)
$ 1,000,000
B
ALL OWNED SCHEDULED
AUTOS AUTOS
WPP125830303
04/07/2018
04/07/2019
BODILY INJURY (Peraccldenq
$
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Peraocident
$
$
X
UMBRELLA LIAB
X OCCUR
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,000
C
EXCESS LAB
CLAIMS -MADE
EZXS1014884
10/2612017
10/26/2018
DED I I RETENTION$
PR/COMP OPS AGG
$ 4,000,000
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANFICER'MEMBER EXCLUDED ECUTIVE a
(Maensdatory In NH)
Dy, describe under
ESCRIPT N OF OPERATIONS below
NIA
WFL503633200
04I0212018
04102/2019
X STATUTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
E
Contractors Equipment Floater
109559371001
03/24/2018
03/24/2019
Total Limit of Covered Items $200,261
Deductible $2,500
DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
Bid No: 18-17B
Project Name: Tamarac Bikeway / Walkway Systems Phase V and VI
Vi-.f�llr rLrilL: HIV LIlCr�
City of Tamarac
Purchasing & Contracts Division
7575 NW 88th Avenue, Room 108
Tamarac
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
FL 33321 ���
U 19WZ014 ACORO CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD