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HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-137TR12888 November 15, 2016 Page 1 CITY OF TAMARAC, FLORID A RESOLUTION NO. R-2016 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE AWARD OF INVITATION TO BID (ITB) # 16-16-RB TO MINER FLORIDA LTD. FOR THE PURCHASE AND REPLACEMENT OF FIRE STATION 15 FOUR -FOLD BAY DOORS IN AN AMOUNT NOT TO EXCEED $188,746.67 WHICH INCLUDES A NOT TO EXCEED COST OF $171,587.89 AND A CONTINGENCY OF $17,158.78, AND TO AUTHORIZE THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MINER FLORIDA LTD. PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fire Station (FS) 15 bay doors are in need of replacement due to constant malfunctioning and reaching the end of their estimated useful life; and WHEREAS, FS 15 bay doors were installed in 2005 and are overhead style doors which are not the best option for a fire station constant utilization which causes significant wear and tear on the components of the door system, and WHEREAS, every time a door malfunctions, an emergency response is potentially impacted along with compromising the safety of fire personnel, security of the FS, protection of emergency vehicles; and WHEREAS, after conducting extensive research on what kind of bay doors will be installed at the FS15, it is recommended to install fourfold style doors; and WHEREAS, the comparison of four fold doors vs. overhead doors demonstrated that four fold doors have a greater installation cost but are virtually maintenance free and less likely to need repairs over the life of the doors in comparison with overhead doors; and WHEREAS, an invitation to Bid was initiated on September 7, 2016 (ITB 16-16-RB), with a closing date of September 27, 2016, a copy of which is on file with the City Clerk; and TR12888 November 15, 2016 Page 2 WHEREAS, two proposals were received and representatives from Public Services, Purchasing and Fire Departments reviewed the proposals; and WHEREAS, Miner Florida LTD. is the company determined to be the lowest responsive and responsible bidder, meeting all the bid requirements and offering the lowest quote for an amount of $171,587.89; a copy of the bid tabulation is attached hereto as Exhibit 1; and WHEREAS, the recommendation of the Public Services Director, Fire Chief and Purchasing and Contracts Manager is to award Invitation for Bid (ITB) # 16-16-RB to Miner Florida LTD. for the purchase and replacement of FS 15 four -fold bay doors for a total contract amount not to exceed $188,746.67 which includes a not to exceed cost of $171,587.89 plus a contingency of $17,158.78, and to authorize the appropriate City Officials to execute an Agreement with Miner Florida LTD. attached hereto to as Exhibit 2; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Invitation for Bid (ITB) # 16-16-RB to Miner Florida LTD. for the purchase and replacement of FS 15 four -fold bay doors for a total contract amount not to exceed $188,746.67 which includes a not to exceed cost of $171,587.89 plus a contingency of $17,158.78, and to authorize the appropriate City Officials to execute an Agreement with Miner Florida LTD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 attached hereto are expressly incorporated herein and made a part hereof. SECTION 2: The City Commission approves the award of Invitation for Bid (ITB) # 16- 16-RB to Miner Florida LTD. for the purchase and replacement of FS 15 four -fold bay doors for a total contract amount not to exceed $188,746.67 which includes a not to exceed cost of $171,587.89 plus a contingency of $17,158.78, and to authorize the appropriate City Officials to execute an Agreement with Miner Florida LTD. TR12888 November 15, 2016 Page 3 SECTION 3: Funding is available for the purchase and replacement of FS15 bay doors from the appropriate operations account at a total cost not to exceed $188,746.67 including a $17,158.78 contingency. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. day 2016. PASSED, ADOPTED AND APPROVED this / of&,LnL, i HA4 ESSLER, MAYOR ATTEST: RECORD OF'°COMMISSION VOTE: MAJOR DRESSLER � PAT A. TEUFEL, CMC CITY CLERK COMM. COMM. BOLTON l/je-�✓ GOMEZ COMM. FISHMAN �— I HEREBY CERTIFY that I have approved this V/M PLACKO RESOLUTION asAtform. J ;�Ilvl . SA EL S"150RE CITY ATTORNEY EXHIBIT 1 - TR#12888 Senior Procurement Officer 10/12/2016 Andrew J. Rozwadowski EXHIBIT 1 - TR#12888 EVALUATION Bid No. 16-16RB REBID REMOVAL & REPLACEMENT OF FIREHOUSE GARAGE DOORS Bid Opening Date: October 12, 2016 @ 3:00 P.M. e. O 'r46oi ay 9 o°Oo� .r`aO�, co q2� �P s46� cods. A^OOF 9Oo• q0a 9Oa ro rroa To rai BIDDERQ11 9c ° o� ra ,➢ r o� a� ao a° i ,r d oo' �ioaB o�v o9 0o°r a� 00, a °° ,cos �q�ac oro ! osor4t '�Gao som �yO ��O �yO O �P `° `10 aroera °O o o°� rr moo co z 2 3 'poll. 0, ARZ Builders, Inc. X X X X X X X X X X X X X X X X 4 Miner South Florida X X X X X X X X X NR X X X X X X t X= Necessary documents were submitted NR=Not Received N/A - Not Applicable Andrew. Rozwadowski Senior Procurement Officer 10/13/2016 Bid No. 16-16RB REBID REMOVAL & REPLACEMENT OF FIREHOUSE GARAGE DOORS BETWEEN THE CITY OF TAMARAC AND MINER FLORIDA, LTD. THIS AGREEMENT is made and entered into this Lo day of V�OVQM3M 2016 by�.and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and MINER FLORIDA, LTD., a Foreign Limited Partnership of Texas corporation with principal offices located at 1311 Gateway Blvd. Boynton Beach. FL 33426 (the Contractor") to provide for THE REBID REMOVAL & REPLACEMENT OF FIREHOUSE GARAGE DOOR AT FIRESTATION 15. 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. 16-16RB — REBID REMOVAL & REPLACEMENT OF FIREHOUSE GARAGE DOORS, 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 No. 16-16RB as issued by the City, and the Contractor's Proposal, Bid No. 16-16RB 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. 16-1 6RB 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. Agreement— Bid No. 16-16RB Page 1 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified below or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractors 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. Insurance limits are outlined below: Insurance Requirements Line of Business/ Coverage Occurrence Aggregate Limits Commerdal General Liability Including: $1,�0i0� $���� Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operation Broad Form Property Damage Cross Uability and Severability of Interest Clause Automobile Liability $1,000,000.00 $1,000,000.00 Workers' Compensation & Employers Liability Statutory 4) Time of Commencement and Substantial Completion Agreement —Bid No. 16-16RB Page 2 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 One -Hundred Eighty Days (180) calendar days from Contractor's receipt of City's Notice to Proceed subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion) within One -Hundred Fifty (150) calendar days from issuance of the City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. Final Completion shall be within 30 calendar days from the date of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean the project is sufficiently complete in accordance with the Contract Documents so that the project can be occupied or used for its intended purpose, void of any safety concerns. For the purposes of this Agreement, final 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 One Hundred Seventy One Thousand Five Hundred Eighty Seven Dollars and Eighty -Nine cents ($171,587.89). 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 Agreement —Bid No. 16-16RB Page 3 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. Agreement —Bid No. 16-16RB Page 4 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 no limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general Agreement —Bid No. 16-16RB Page 5 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 paymenl 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 five (5) years 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 five (5) 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 Agreement — Bid No. 16-16RB Page 6 indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific. consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 12.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 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 Agreement —Bid No. 16-16RB Page 7 Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR William Escobar MINER FLORIDA, LTD. 1311 Gateway Blvd Boynton Beach, FL 33426 20-1501775 wescobar@minercorp.com 561-547-5434 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 Agreement— Bid No. 16-16RB Page 8 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 18.1The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 18.1.1 Keep and maintain public records required by the City in order to perform the service; 18.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 18.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 18.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 18.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. Agreement —Bid No. 16-16RB Page 9 19) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 21) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 22) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 23) Uncontrollable Circumstances 23.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 23.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances Agreement —Bid No. 16-16RB Page 10 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) PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank Agreement— Bid No. 16-16RB Page 11 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 Territory Vice President duly authorized to execute same. J&JTY OF TAMARAC \Ow AJO-11- 0 , Har ress er, Mayor W ESTABLISHED, D 1963 ® SEAL _...----- ATTEST: Michael C. Cernech, City Manager VC0kj0\0\\\ Patricia A. Teufel, CMC Date City Clerk I .-%� ( 1 (w Ap roved as to form and legal sufficiency: Date ' I A, Cit Attorney ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) );45.44 Date Miner South Florida Company Signature of President/Owner William Escobar Type/Print Name of Territory Vice President Date IkIt�,I2,0k6 Agreement —Bid No. 16-16RB Page 12 CORPORATE ACKNOWLEDGEMENT STATE OF VL-of-\oA :SS COUNTY OF IPALIX Zhu : 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 L W 1 LI AIK E SCoBi� �N4 , of 1 N 64 �t Oje t DA b 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. I" WITNESS my hand and official seal this day of tuOUeMeEC 201 . o�*aYPKevin Mungal I ignat re 'f Notary Public z Notary Public -State ofFlorida IS State of Florida at Large m� o` Commission #GG 43953 'rFOFF � Expires 11/1/2626 Print, Type or Stamp Name of Notary Public 0 Personally known to me or ❑ Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. Agreement —Bid No. 16-16RB Page 13 ACC>Rif CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 111/15/2016 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 Hylant - Toledo 811 Madison Ave. Toledo OH 43604 NAMEACT Kelly Sorosiak PHONE 419-259-6091 A X N , 419-255-7557 E-MAIL . Kelly.Sorosiak@hylant.com INSURERS AFFORDING COVERAGE NAIC # INSURER A :Travelers Prop Cas Co of Amer 25674 INSURED MATEHAN-01 INSURERB:Charter Oak Fire Insurance Co 25615 Material Handling Services, LLC (See attached addendum for list of named insureds) 3235 Levis Commons Blvd. INSURER C : INSURER D : INSURER E : Perrysburg OH 43551 INSURER F : CAVFRAnFA CGRTIFICATF NIIIMRCD• 1Fi37R1771,Q 120v101nu wuuAoen. 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 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X� OCCUR Y6309G392756COF16 8/15/2016 8/15/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT LOC ❑ GENERAL AGGREGATE $10,000,000 GEN'L X PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y8109G392756COF16 8/15/2016 8/15/2017 Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) BO $ X I HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR YCUP9G392756TIL16 8/15/2016 8/15/2017 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE DIED X I RETENTION$0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N N/A YJUB9G39275616 8/15/2016 8/15/2017 PER O7H- X STATUTE I I.ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,non ,ono DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is additional insured on a primary and non-contributory basis per the general liability policy, including ongoing and completed operations, and automobile policy when required by written contract. Waiver of subrogation applies per the general liability, automobile and workers compensation policies when required by written contract. Umbrella policy is follow form. 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 *," lyt ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Material Handling Services, LLC, etal Addendum to Liability Certificate 2016/2017 Hylant Insurance FORMS AND ENDORSEMENTS SCHEDULE: Commercial General Liability Coverage Form CG0001 10/01 • Xtend Endorsement for Commercial Industries - CGD458 07/13 • Blanket Additional Insured (Contractors) #CGD246 08/05 • Other Insurance -Additional Insured -Primary & Non -Contributory #CGD425 07/08 • Designated Entity - Earlier Notice of Cancellation/Nonrenewal Provided By Us #ILT405 3/11 Commercial Automobile Coverage Form #CA0001 03/10 • Business Auto Extension Endorsement #CAT353 03/10 • Designated Entity - Earlier Notice of Cancellation/Nonrenewal Provided By Us #ILT405 3/11 Workers Compensation Coverage Form #WCOOOOOOB 07/11 • Waiver of Our Right to Recover from Others - AL, AK, AZ, AR, CO, CT, DE, DC, FL, GA, HI,ID, IL, IM, IA, KS, KY, LA, ME MD, MA, MI, MN, MS, MO, MT, NE, NH, NV, NM, NY, NC, OK, OR, PA, RI, SC, SD, TN, VT, VA, WI, WY - #WC000313(00) • Texas Waiver of Our Right to Recover from Others #WC420304(A) • California Waiver of Our Right to Recover from Others #WC040306(01) • Utah Waiver of Our Right to Recover from Others #WC430305(00) • Designated Entity - Earlier Notice of Cancellation/Nonrenewal Provided By Us #ILT405 3/11 Commercial Umbrella Coverage Form #0101-XS 03/00 NAMED INSURED SCHEDULE: Material Handling Services, LLC Miner Equipment, LLC National Maintenance Services, LLC Miner Holding Company, Inc. IEMFS, LTD dba Flexx MHE Intermediate Holdings, LLC Total Fleet Solutions, LTD. Intermediate Holdings, LLC Miner, LTD., dba The Miner Corp. & its Affiliates Canadian Maintenance Services, LLC Miner, Ltd. Total Fleet Solutions, Inc. Miner Fleet Management Group, LTD National Maintenance Services, Inc. Miner Fleet Management Group, LLC Waymar Handling Services LLC Miner Fleet Management Group GP, LLC A -Sure Solution Inc. Miner Houston, LTD Miner Ltd. dba Material Handling Group Miner Houston GP, LLC Aldor Corporation of Nashville Miner North Texas, LTD Challenger Industries, Inc. dba Challenger Enterprises Nationwide Miner North Texas GP, LLC Security & Building Services, Inc. Miner Southwest, LLC Decker Forklifts, Inc. Miner El Paso, LTD. Decker Rentals LLC Miner EL Paso GP, LLC Decker Equipment Miner Central Texas, LTD Process Power Ltd. Miner Central Texas GP, LLC Neon Material Handling, Inc. Miner Florida, LTD Decker Real Estate Holdings, LLC Miner Florida GP, LLC Just In Time Forklift, LLC Miner Florida dba Auto Doors Inc. of Georgia Miner Houston, Ltd. dba Dial One House of Doors Miner GP, LLC House of Doors Inc. DBA Dial One House of Doors