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HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-097Temp. Reso. #13000 September 13, 2017 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 17-16B TO AND APPROVING AN AGREEMENT WITH JOHNSON- DAVIS, INC. FOR THE BOULEVARDS DRAINAGE REPAIR PROJECT FOR A CONTRACT AMOUNT OF $295,518.00, A CONTINGENCY IN THE AMOUNT OF $44,328.00 WILL BE ADDED TO THE ACCOUNT FOR A PROJECT TOTAL OF $339,846.00; AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $165,496.00 WHICH WILL BE INCLUDED IN A BUDGET AMENDMENT PURSUANT TO F.S. 166.241(2); AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents a safe, operational stormwater drainage system throughout the City; and WHEREAS, the City of Tamarac has determined that a section of stormwater drainage pipe located between NW 53rd Street and NW 54th Street within the Tamarac Lakes North, Section 3, Subdivision (AKA Boulevards Subdivision) has exceeded its useful life and needs to be abandoned and replaced with new drainage pipes; and WHEREAS, on August 10, 2017, seven (7) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, a tabulation of bids showing all bids for Bid No. 17-16B is included herein as "Exhibit 1 "; and WHEREAS, staff determined the lowest responsive and responsible bidder to be Johnson -Davis, Inc.; and Temp. Reso. #13000 September 13, 2017 Page 2 WHEREAS, the Public Services Director, Financial Services Director, and Purchasing and Contracts Manager recommend that the appropriate City Officials award Bid No. 17-16B to and enter into an agreement with Johnson -Davis, Inc. for the refurbishing of the Boulevards Drainage Repair Project, a copy of the Agreement is included herein as "Exhibit 2"; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 17- 16B to and enter into an Agreement with Johnson -Davis, Inc. for the Boulevards Drainage Repair Project for a contract amount of $295,518.00, a contingency in the amount of $44,328.00 will be added to the account for a project total of $339,846.00, a copy of the Agreement is included herein as "Exhibit 2". 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 and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission HEREBY awards Bid No. 17-16B to Johnson -Davis, Inc. and approves an Agreement between the City of Tamarac and Johnson -Davis, Inc. ("the Agreement") and the appropriate City Officials are hereby 0 E Temp. Reso. #13000 September 13, 2017 Page 3 authorized to execute the Agreement, hereto attached as "Exhibit 2 for the Boulevards Drainage Repair Project for a contract amount of $295,518.00, a contingency in the amount of $44,328.00 will be added to the account for a project total of $339,846.00. SECTION 3: An expenditure not to exceed a contract amount of $295,518.00, a contingency in the amount of $44,328.00 will be added to the account for a project total of $339,846.00 for said purpose is hereby approved. SECTION 4: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6- 147 of the City Code, and close the contract award, which includes, but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 5: An appropriation in the amount not to exceed $165,496.00 is hereby approved and will be included in a Budget Amendment prior to November 30, 2017, 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 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8 passage and adoption. Temp. Reso. #13000 September 13, 2017 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ' day of 4--' ,2017. A RY DRESS ER MAYOR ATTEST: . . . ' CITY CLEWC RECORD OF COMMISSION VOTE: MAYOR DRESSLER G DIST 1: COMM. BOLTON e� DIST 2: COMM. GOMEZ DIST 3: COMM. FISHMAN W4 DIST 4: VICE MAYOR PLACKO61 —'�—-_ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY u �1 �l CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave Tamarac, FL 33321 "Committed to Excollence...Alway (954) 597-3570 Purchasinn(d`ramarac.ora httt)s://,tgmarac. b idsa n dtenders.or4 AGREEMENT BID 17-16B - Boulevards Drainage Repair Project BETWEEN THE CITY OF TAMARAC AND JOHNSON - DAVIS INCORPORATED THIS AGREEMENT is made and entered into this L day of �'�'�' 2017 by and between the City of Tamarac, a municipal corporation with principal offi es located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and JOHNSON - DAVIS INCORPORATED, a Florida corporation with principal offices located at 604 HILLBRATH DRIVE LANTANA, FL 33462 (the "Contractor") to provide for Boulevards Drainage Repair Project. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1. THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Bid Document No. 17-16B, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, 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 17-16B as issued by the City, and the Contractor's Proposal, 17-16B 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. 1 7-16B 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. 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. 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. 17-16B - Boulevards Drainage Repair Project 1 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Coinnutted to Excellence, ..Always 7525 NW 88th Ave i ' (954) 597-3570 Purchasing(a)Tamarac.org Tamarac, FL 33321 httns://tamarac.bidsandtenders.2 3. INSURANCE 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. 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. 4. TIME OF COMMENCEMENT, SUBSTANTIAL COMPLETION AND FINAL 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. The work shall be completed within Seventy -Five (75) days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. 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 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 Two Hundred Ninety -Five Thousand Five Hundred Eighteen Dollars and Zero cents ($295,518.00). 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 17-16B - Boulevards Drainage Repair Project 2 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Committed to Excellence. -Always" 7525 NW 88th Ave (954) 597-3570 PurchasinAP`ramarac.ora Tamarac, FL 33321 httas://tamarac.bidsondtenders.gra 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 / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 8. CHANGE ORDERS 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 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. 17-16B - Boulevards Drainage Repair Project 3 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88th Ave Tamarac, FL 33321_ "Committed to Excellence —Always' (954) 597-3570 Purchasing(a)Tamarac.org https://tamarac.bidsandtenders.orq 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9. NO DAMAGES FOR DELAYS 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 17-16B - Boulevards Drainage Repair Project 4 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Cor"Irlitted to ExceOlence..AlwayS 7525 NW 88th Ave e ' (954) 597-3570 Purchasina(Wamarac.ora Tamarac FL 33321 httas://tamargc.bidsandtenders.ora 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 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. 17-16B - Boulevards Drainage Repair Project 5 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Cormnitred to Excellence. ..Always" 7525 NW 88th Ave (954) 597-3570 Purchasina(&Tamarac.ora Tamarac, FL 33321 httas://tamarac.bidsandtenders.2M 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. 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 17-16B - Boulevards Drainage Repair Project 6 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Committed to Excellence... Always" 7525 NW 88th Ave ' ' ' ' (954) 597-3570 Purchasina(Wamarac.ora Tamarac, FL 33321 httos://taglarac.bidsandtenders.orn 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 JOHNSON - DAVIS INCORPORATED 604 HILLBRATH DRIVE LANTANA, FL 33462 59-1753888 561-588-1170 sjohnson@johnsondavis.com President - Scott J. Johnson 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; __._-------____-_ - ----------- _.______..._._-...--.----..____.-__._.---._ 17-16B - Boulevards Drainage Repair Project 7 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Corninitted to Excellence... Always" 7525 NW 88th Ave (954) 597-3570 Purchasing(Wamarac.org Tamarac, FL 33321 ___„_,_ httpga/t�marac.bid,�andtenders.ors� 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 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 17-16B - Boulevards Drainage Repair Project 8 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Committed to Excellence —Always' 7525 NW 88th Ave {954) 597-3570 PurchasingC@Tamarac.ora Tamarac, FL 33321 htt s://tamarac.bidsandtenders.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. 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. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK(&-TAMARAC.ORG Remainder of Page Intentionally Blank -_.____---------------------____-_ --.-------_ __ ____-----------.__----------------.._._____.__._ 17-16B - Boulevards Drainage Repair Project 9 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Cornmitted to Excellence —Always" 7525 NW 88th Ave ' ' ' ' (954) 597-3570 PurchasinaC�Tamarac.ora Tamarac, FL 33321 -httos://tamarac.bidsandtongerl.ora 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. � TA ESTABLISHED". 4 1963 SEAL ATTES 0\�� Patr4ft A. Teufel, CMGI City Clerk U Date ATTEST: C&' Signature of Corpop6te Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) Haryf'VresVK, M yor Date Michael C. Cernech, City Man -(,9 Date Ap roved as to form and legal sufficiency: City Attorney l51% Date JOHNSON - DA Company Name Signatu Scott J. Johnson Type/Print Name of President ell?/7 Date TED -__ 17-16B - Boulevards Drainage Repair Project 10 JOHNSON - DAVIS INCORPORATED CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION "Committed to Excellence —Always" 7525 NW 88th Ave ► ► • ► (954) 597-3570 PurchasinsaWamarac.oro Tamarac FL 33321 hags;((tamarsc.hiasandtendgrs.orn CORPORATE ACKNOWLEDGEMENT STATE OF r40f'--e0"4, SS COUNTY OF0�2 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared PR,GbEn/T , Of in7cG✓L-�Y�/'v7ra�� 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 day of 7 , 20 /;7 LARISADITUPELlEY G `2 ell .► MY COMMISSION # FF 056341 Signature of Notary Public EXPIRES: January 22, 2018 State of Florida at Large y nF foe° Bonded Thru Budget Notary Services 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. 17-16B - Boulevards Drainage Repair Project 11 JOHNSON - DAVIS INCORPORATED ACORO" `...� JOHNINC-02 CERTIFICATE OF LIABILITY INSURANCE MMCQUILL DATE(MM/DD/YYYY) 08/16/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER Racine Johnson Insurance Racine CONTACT Sharon MBjeskl, ARM PHONE A/C, No, EXt : (920) 433-7107 A/c, No :(877) 254-8586 555 Main Street, Suite 291 Racine, WI 53403 E-MAIL , smajeski@johnsonins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: HDI Global Insurance Com an 41343 INSURED INSURER B : Certain Underwriters at Lloyd's INSURER C : Travelers Insurance Johnson -Davis, Inc. INSURER D : 604 Hillbrath Drive INSURER E Lantana, FL 33462 INSURER F : I+Cf1TIC1/ATC Luua000. REVISION NUMBER: t.UVCKAVCa %.Gr[ IIr IV/1 I G!VWIVITHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 2,000,000 CLAIMS -MADE ❑X OCCUR X EGGCC000173517 03/01/2017 03/01/2018 DAMMISES (E.AGE TO RENTED sJa, 300,000 10,000 MED EXP (Any oneperson) 2,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 POLICY ❑X PRO LOC PRODUCTS - COMP/OP AGG JECT A OTHER: COMBINED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY BODILY INJURY Per ersonOWNED ANY AUTO EAGCC000173517 03/01/2017 03/01/2018 BODILY INJURY Per accidentHIRED SCHEDULEDAUTOS ONLY AUTOS Parr e.., ent AMAGE NON-OWNED Ix L AUTOS ONLY AUTOS ONLY PIP Basic 10,000 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE 3,000,000 EXCESS LIAR CLAIMS -MADE EXAGC000173517 03/0112017 03101/2018 r3,00X AGGREGATE 0,000 DED I X I RETENTION$ 0 PER OTH- WORKERS COMPENSATION E.L. EACH ACCIDENT AND EMPLOYERS' LIABILITY YIN N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory m NH) N / A E.L. DISEASE -POLICY LIMIT Excess Liab over 3 M 1,000,000 B If yes, describe under DESCRIPTION OF OPERATIONS below Excess Liability ELD10006501302 03/0112017 03/01/2018 C Equipment Floater 660-4H592540-TIL-17 03/01/2017 03/01/2018 Blanket 300,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Pollution Liability Policy # 7930030920002- Limit - $1,000,000 - 3/1/2017-18 - Homeland Insurance Company of NY Contractor's - Project: Boulevards Drainage Repair, Bid 17-16B City of Tamarac is additional insured with respect to General Liability. City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 3� ,l11 + f ACORD 25 (2016/03) W 18tftl-ZU10 AGUKU t:UKYUKA I IUIY. An rignts reserveu. The ACORD name and logo are registered marks of ACORD � n� A L/ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYI Y) $,16,2017 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 M3 Insurance Solutions, Inc. 828 John Nolen Drive Madison WI 53713 CONTACT NAME: Trisha Stark PHONE FAX A/C No Ext: - - A/C No: AIL ADDRESS: Trisha. StarkQm3ins. com PRODUCER CUSTOMER ID #: JOHNINC-01 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A:Amerisure Mutual Insurance Johnson -Davis Incorporated 604 Hillbrath Drive INSURERS: Lantana FL 33462 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1313267199 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. INSRLTR LTR TYPE OF INSURANCE ADDL R POLICY NUMBER POLICY MM/DCY EXP D//YYYY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—IOCCUR EACH OCCURRENCE $ DAMAGE TO RENTEU PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRO LOC POLICY JECT PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ FICLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC210013501 3/1/2017 3/1/2018 X WCSTATU- OTH- I ER E.L. EACH ACCIDENT $1, 000, 000 E.L. DISEASE - EA EMPLOYEE $1, 000, 000 E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Boulevards Drainage Repair, Bid 17-16B CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED City of Tamarac BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7525 NW 88th Ave Tamarac FL 33321 AUTHORIZED REPRESENTATIVE S� ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Johnson -Davis, Inc. POLICY NUMBER: EGGCC000173517 COMMERCIAL GENERAL LIABILITY C G 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oroanizatian(s) I Location(s) Of Covered Operations City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Project: Boulevards Drainage Repair, Bid 17-16B I Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II - Wbo Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only wilh respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by' 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the kxation(s) designated above. However 1. The insurance afforded to such additional insured only appties to the extern permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide fnr such additional insured. B. With respect to the insurance afforded to these additional insureds, the fallowing additional exclusions apply. This insurance does not apply to "bodily injury" or 'property damage" occurring after 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than sefvice, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the b>cation of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project_ CG 20 10 0413 0 Insurance Services Office, Inc_, 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 04 13