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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-013Temp. Reso. #12742 December 30, 2015 Page 1 of 5 Revision 1, January 12, 2016 Revision 2, January 19, 2016 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2016- /J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 16-04B TO SHAMROCK RESTORATION SERVICES, INC., AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND SHAMROCK RESTORATION SERVICES, INC., FOR AN AMOUNT OF $184,863 FOR THE SURFACE PREPARATION AND COATING SYSTEM FOR THE CITY OF TAMARAC WATER TREATMENT PLANT PROJECT; A CONTINGENCY IN THE AMOUNT OF $20,000 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL AMOUNT OF $204,863; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Services Department Utilities Division of the City of Tamarac is responsible for the operation and maintenance of the water and wastewater utilities which requires the treatment and distribution of potable water in a safe, efficient and economical manner; and WHEREAS, to maintain the City's facilities and to eliminate potential health hazards due to degradation of steelwork at the Utilities Water Treatment Plant is critical; and WHEREAS, the coating system of the Utilities Water Treatment Plant is necessary to maintain the integrity of the steel and metal work of the Utilities Water Treatment Plant and to maintain compliance with regulatory agencies; and Temp. Reso. #12742 December 30, 2015 Page 2 of 5 Revision 1, January 12, 2016 Revision 2, January 19, 2016 WHEREAS, the City of Tamarac publicly advertised Bid No. 16-04B, Surface Preparation and Coating System for the City of Tamarac Water Treatment Plant Project in the Sun -Sentinel on November 1, 2015 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the City solicited competitive bids and on December 9, 2015 received, opened and reviewed six (6) bids as follows: COMPANY NAME TOTAL BID $ Shamrock Restoration Services, Inc. $184,863.00 Roof Painting by Hartzell 217,933.00 Harry's Painting & Enterprises, Inc. 237,957.00 Situ Group LLC 252,700.00 Atlantic Painting & Sandblasting 304,710.00 Southland Painting Corp. 333,510.00 A copy of the Bid Tabulation is included herein as "Exhibit A"; and WHEREAS, Shamrock Restoration Services, Inc., was deemed the most responsive and responsible bidder (a copy of said bid is on file with the City Clerk's Office); and WHEREAS, THE City of Tamarac Public Services Department included this project in the Capital Improvement Program with completion in 2016 with $250,000 approved in the Fiscal Year 2016 Capital Improvement Program; and WHEREAS, approved funding for this project in the amount of $250,000 is available from the Utilities Operational accounts; and 1 Temp. Reso. #12742 December 30, 2015 Page 3 of 5 Revision 1, January 12, 2016 Revision 2, January 19, 2016 WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 16- 04B, Surface Preparation and Coating System for the City of Tamarac Water Treatment Plant Project, and to execute an agreement with Shamrock Restoration Services, Inc., for a contract cost of $184,863, and a contingency in the amount of $20,000 will be added to the Project Account, for a total project budget of $204,863 for this Surface Preparation and Coating System for the City of Tamarac Water Treatment Plant Project; 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 approve the award of Bid No. 16-04B, Surface Preparation and Coating System for the City of Tamarac Water Treatment Plant Project and to execute an agreement with Shamrock Restoration Services, Inc., for a contract cost of $184,863, and a contingency in the amount of $20,000 will be added to the Project Account, for a total project budget of $204,863. 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. All exhibits referenced herein are incorporated within this resolution and made a specific part hereof. SECTION 2: The award of Bid No. 16-04B, Surface Preparation and Coating System for the City of Tamarac Water Treatment Plant Project to Shamrock Restoration Services, Inc., is hereby authorized. Temp. Reso. #12742 December 30, 2015 Page 4 of 5 Revision 1, January 12, 2016 Revision 2, January 19, 2016 SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and Shamrock Restoration Services, Inc., (a copy of which is attached hereto as "Exhibit B") as part of said award. SECTION 4: An expenditure for a contract cost of $184,863 and a contingency in the amount of $20,000 for a total project budget of $204,863 is approved to be funded from the appropriate 2016 Utilities Operational accounts. SECTION 5: The City Manager, or his designee, is hereby'authorized to approve and initiate Change Orders in amounts not to exceed $65,000 per Section 6-147 of the City Code, and close the contract award, which includes, but is not limited to, making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. 1 Temp. Reso. #12742 December 30, 2015 Page 5 of 5 Revision 1, January 12, 2016 Revision 2, January 19, 2016 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this )-7 day of 2016. lh�� AkRvYDRESSLER ATTEST: fo"ZA4 gwv�W" PATRICIA TEUF , WC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM NMUEL S. GGRI ITY ATTORNEY "EXHIBIT A" TR #12742 Bid No. 16-04 B Surface Preparation & Coating System for The Water Treatment Plant Bid Opening Date: December 9, 2015 @ 2:00 P.M. �~4 q BIDDER S/ 0. CO 011,°�x 4��LPq�/°DhP Jd1- d /C4�CPOd/Bds0a V°'F/ B dryd`�1s e�a srB° Shamrock Restoration Services, Inc. X X X X X X X X X X x $ 184,g63.00 Roof Painting by Hartzell X X X X X X X X X X X $ 217,933.00 Harry's Painting& Enterprises Inc. X X X X X X X X X X X $ 237,957.00 Situ Group LLC X• X X X X X X X X NR/NA X $ 252,700.00 Atlantic Painting & Sandblasting X X X I X X X X X X X X $ 304,710.00 Southland Painting Corp X I X X I X I X I X X X X X X $ 333,510.00 Notes: X = Necessary documents were submitted NR = Not Received N/A - Not Applicable AGREEMENT BID NO. 16-04 B SURFACE PREPARATION & COATING SYSTEM FOR THE WATER TREATMENT PLANT City of Tamarac Purchasing & Contracts Division 7525 NW 88th Avenue Room 108 (954) 597-3570 Issued on behalf of the Public Services Department City of Tamarac AGREEMENT BETWEEN THE CITY OF TAMARAC AND Purchasing and Contracts Division THIS AGREEMENT is made and entered into this day of , 20,10 by and between the City of Tamarac, a municipal core ration witff principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Shamrock Restoration Services Inc., a Florida corporation with principal offices located at 27091 Osage Street, Brooksville, FL 34601 (the "Contractor') to provide for Surface Preparation & Coating System for the Water Treatment Plant. 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. 16-04 B Surface Preparation & Coating System for the Water Treatment Plant, 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 16-04 B - Surface Preparation & Coating System for the Water Treatment Plant as issued by the City, and the Contractor's Proposal; Bid No. 16-04 B 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 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. 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 Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 2 City of Tamarac I� Purchasing and Contracts Division 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 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 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. The work shall be completed within 150 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 Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 3 of Tamarac Purchasing and Contracts Division 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 One Hundred Eighty Four Thousand, Eight Hundred Sixty Three Dollars and No cents ($184,863.00). 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 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 Bid No. 96-04 B _. Surface Preparation and Coating System — Water Treatment Plant Agreement Page 4 of Tamarac Purchasing and Contracts Division 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. Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 5 of Tamarac 9) No Damages for Delays Purchasing and Contracts Division 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 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. Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 6 of Tamarac 12) Indemnification and Contracts Division 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 Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 7 City of Tamarac Purchasing and Contracts Division 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 Bid No. 16-04 B -- Surface Preparation and Coating System — Water Treatment Plant Agreement Page 8 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 Bid No, 16-04 B — Surface Preparation and Coating System -- Water Treatment Plant Agreement Page 9 .af" , of Tamarac 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 Shamrock Restoration Services Inc. Attn: Michael Reynolds, President 27091 Osage Street Brooksville, FL 34601 17) Termination Purchasing and Contracts Division 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 Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 9 City of Tamarac Purchasing and Contracts Division 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 shall constitute a Default and Breach enforce the Default in accordance with "Termination" herein. 19) Agreement Subject to Funding the provisions set forth in this Article of this Agreement and the City shall the provisions set forth in Article 17 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. ---- ---._ — -- Agreement Bid No 16-04 B — Surface Preparation and Coating System-- Water Treatment Plant g"eemen Page ?0 rays 14 of Tamarac and Contracts Division 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. Remainder of Page Intentionally Blank Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 11 of Tamarac Purchasing and Contracts Division 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 duly authorized to execute same. CI OF TAMARAC Harry D essler, Mayor 0 / —oil (0 Date AT '� Y'� �0 ichael . Cernech, City Manager Patricia A. Teufel, CMPJ City Clerk (v/ a 7 11,6 Date ATTEST: re of Corporate Secretary AAKRAEL j2eyn0LP5- Type/Print Name of Corporate Secy. (CORPORATE SEAL) I- t 't Date Approved as to form and legal sufficiency: rney n Date Shamrock Rest tion Services Inc. ignature of Pr sident/Owner IVIi ael Reynolds Type=Neresident/Ojwner / / L Dat Bid No. 16-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 12 of Tamarac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF iiXa :SS COUNTY OF C6 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 Michael Reynolds, of Shamrock Restoration Services Inc., a Florida 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 201L B.J. GAMBLE MY COMMISSION N FF 073169 EXPIRES: November 25, 2017 yd Bonded Thru Notary Public Underwriters Signature of Notary Public State of Florida at Large B.� G1amliita � Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ® Produced Identification Type of I.D. Produced d❑ DID take an oath, or DID NOT take an oath. Bid No. 15-04 B — Surface Preparation and Coating System — Water Treatment Plant Agreement Page 13 ACoR" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/23/2015 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 Killingsworth Agency 19259 Cortez Blvd. P . 0. BOX 1750 Brooksville FL 34605-1750 CONTACT Danielle Healis NAME: PHONE (352) 796-1451 A/C No: (352) 799 -5986 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA:OhiO Security Ins. Co. INSURED Shamrock Restoration Services,Inc 27091 Osage St Brooksville FL 34601 INSURERB:FL Citrus, Bus. & Ind. Fund INSURERC:Zurich Insurance Services Inc INSURERD: INSURER E : INSURERF: nwoo A, —Me f-=DTICIf-ATF All IMRER•15-16 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. INSR I LTR11q, TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDfYYYY MWDDYEFFY� LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ❑X OCCUR PREMISES Ea occcur ence $ 300,000 MED EXP (Anyone person) $ 15,000 X Y BKS56309638 9/18/2015 9/18/2016 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 X POLICY ❑ PRO ElLOC JECT OTHER: Package Modification Factor 1 $ AUTOMOBILE LIABILITY Ea accideDiSINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS X $10,000 PIP BAS56309638 9/16/2015 9/18/2016 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ BACEE $ UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ 11000,000 B ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 10649437 4/6/2015 4/6/2016 E.L. DISEASE - POLICY LIMIT I $ 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS below I I C Inalnd Marine Policy ECO8031579 8/19/2015 8/19/2016 Rented Equipment - $100,000 Deductible - $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation limits increased by endorsement effective 10/9/2015. City of Tamarac is listed as additional insured in reference to general Liability. A waiver of subrogation in favor of the certificate holder appllies to General Liability. e-mail: Lynda.Cummings@tamarac.org I-Il It MULUtK City of Tamarac 7525 NW 88th Avenue 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 Vicki Parrish/GLARE " 1_ ' - `- V-111—, l�J 1`J88-LVI�i A\.Vrcu �,vrcrvrvrr wrv. nu nynw ,cac,.cv. ACORD 25 (2014/01) INS025 onI4on The ACORD name and logo are registered marks of ACORD For, W-9 Request for Taxpayer Give Form to the requester. I not Rev. December2014) Identification Number and Certification I send to the IRS. Departrnent of the Treasury Internal Revenue Service i Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above N rn Shamrock Restoration Services, Inc CO a c 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not individuals; see O ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): a c �. , single member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partriership) ► Exempt payee code (if any) p Note. For a single -member LLC that is disregarded, do not check L LC; check the appropriate box in the line above for Exemption from FATCA reporting +. the tax classification of the single -member owner. code (if any) LC IL El Other (see instructions) ► pippk manb acco a t eww ned outside fhe U.S.) •�-- 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional v COL 27091 Osage Street 0m 7 6 City, state, and ZIP code o Brooksville, FL 34601 7 List account numbers) here (optional) IMM Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 1 aocrar backup withholding. For individuals, this is generally your social security number (SSN). However, fora - m - resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Mow to get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Frnployer ider hcation number guidelines on whose number to enter. T_5FE7 6 35 9 - Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or 1 am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3 01VI I Signature of Here U.S. person 10, Date ► / General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number ISSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DN (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 109$-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (f any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat No. 10231X Foam W-9 (Rev. 12 2014) of Tamarac and Contracts Division CITY OF TAMARAC Bid No. 16-04 B SURFACE PREPARATION & COATING SYSTEM FOR THE WATER TREATMENT PLANT AGREEMENT CHECKLIST �"I. Print out two (2) documents for execution by authorized signer. (Usually an officer of the corporation or an agent of the company who is authorized to bind the company in contractual matters as evidenced by a Corporate Resolution). A fully executed original will be returned to you for your files. E 2. Leave date on Page 1 blank. The date is entered upon City's execution. e3. Make sure the company's Corporate Secretary of record signs, dates and seals (with corporate seal, if available) in the spaces provided on the signature page. The City checks corporate information on-line via the State of Florida Division of Corporations at www.sunbiz.org. M4. Carefully review the Corporate Acknowledgement and make sure it is notarized and dated on the same day that the actual Agreement was signed. A discrepancy between the date of notarization and the agreement execution date may cause delays in processing. 5. The Deadline to return the executed document for this Agreement is .January 6, 2016. Please return two copies of the executed documents to the attention of the Purchasing & Contracts Manager, 7525 NW 88th Avenue, Room 108, Tamarac Florida 33321. For telephone inquiries, contact the Purchasing Office at 954-597- J6. 3570. Email inquiries can be sent to keith.glatz(a�tamarac.org. Make sure executed documents are returned on or before the above deadline, preferably by a shipment method that allows tracking, i.e. US Postal Service Express Mail or Priority Mail with delivery confirmation, UPS or overnight courier. 7. Prepare Certificates of Insurance per the requirements of the bid / proposal. -r, T8. Prepare and return current W-9 Form, and request for Direct Deposit. ❑ 9. Payment and Performance Bond Forms are not required to be returned with the signed Agreement; however, these forms are due within fourteen (14) calendar days following award by the City of Tamarac City Commission. Failure to follow the above guidelines may require the City to return the documents for re-signing.