Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City of Tamarac Resolution R-2015-123
E Temp. Reso. TR12723 Page 1 of 5 December 9, 2015 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015 Id-3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 16-01 B TO AND APPROVING AN AGREEMENT WITH BEJAR CONSTRUCTION INC. PER BID NO. 16- 01 B FORA CONTRACT AMOUNT OF $274,999.00 AND A CONTINGENCY IN AN AMOUNT OF $27,500.00, WILL BE ADDED TO THE PROJECT FOR A TOTAL PROJECT BUDGET NOT TO EXCEED $302,499.00; AUTHORIZING AN EXPENDITURE IN THE AMOUNT NOT TO EXCEED $302,499.00 FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is vulnerable to a variety of natural disasters including hurricanes and tornadoes; and WHEREAS, the impact of a major disaster would likely result in extended loss of power to City facilities and such loss of power would severely impact operations and may delay or limit the City's ability to respond to such events, and WHEREAS, the City of Tamarac strives to keep its public facilities and buildings maintained in a high level for its residents, citizens, and employees; and WHEREAS, Parks and Recreation staff has determined that an emergency generator is needed to provide continuity of operations at the Recreation Center at 7501 North University Drive and the generator will effectively provide emergency power for essential services; and Temp. Reso. TR12723 Page 2 of 5 December 9, 2015 WHEREAS, the City of Tamarac publicly advertised Bid No. 16-01 B for the Recreation Center Generator Installation Project; a copy of Bid No. 16-01 B is available on file in the Office of the City Clerk; and WHEREAS, on October 7, 2015, two (2) bids were opened and reviewed in orderto determine cost and responsiveness to the City's technical specifications, a bid tabulation is attached hereto as Exhibit "1 ", incorporated herein and made a specific part of this Resolution; and WHEREAS, upon review of proposals by City staff, it was determined Bejar Construction Inc., submitted the lowest responsive and responsible bid and, meets the minimum experience requirements for the project; and WHEREAS, Bejar Construction Inc., possesses the required knowledge and experience for the Recreation Center Generator Installation Project and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 16-01 B; and WHEREAS, funds exist in the General Capital Fund for said purpose; and WHEREAS, it is the recommendation of the Public Services Director, the Financial Services Director, and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 16-01 B and execute an Agreement with Bejar Construction Inc., for the Recreation Center Generator Installation Project, attached hereto as Exhibit "2", incorporated herein and made a specific part of this Resolution; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 16- 01 B and execute the agreement for the Bejar Construction Inc., for a contract amount of Temp. Reso. TR12723 Page 3 of 5 December 9, 2015 $274,999.00; a contingency in the amount of $27,500.00 will be added to the project account, for a total project budget not to exceed $302,499.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and made a specific part of this Resolution. 1 SECTION 2: The City Commission HEREBY awards Bid No. 16-01 B to Bejar Construction Inc., and approves an Agreement between the City of Tamarac and Bejar Construction Inc., ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, hereto attached as Exhibit "2", to provide for the Recreation Center Generator Installation Project. SECTION 3: An expenditure for a contract amount of $274,999.00; a contingency in the amount of $27,500.00 will be added to the project account, for a total project budget no to exceed $302,499.00 for said purpose is hereby approved. J Temp. Reso. TR12723 Page 4 of 5 December 9, 2015 SECTION 4: Funding is available for the Recreation Center Generator Installation Project from the appropriate accounts in the General Capital Fund for a contract amount of $274,999.00; a contingency in the amount of $27,500.00 will be added to the project account, for a total project budget not to exceed $302,499.00. SECTION 5: The City Manager, or his designee, are hereby authorized to make changes, issue change orders in accordance with section 6-147 0) of the City Code, and close the contract award including, but not limited to making final payment within the terms and conditions of the contract and within the contract price. SECTION 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. L 1 n r r� SECTION 8: passage and adoption. Temp. Reso. TR12723 Page 5 of 5 December 9, 2015 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED thisday of ATTEST: /N W A 1-ap fl-rNOM&I' PATRICICrf CITY CLE91C I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM EL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: VICE MAYOR GLASSER DIST 4: COMM. PLACKO ,2015. TR 12723 Exhibit 1 Bid No. 16-01 B - Parks and Recreation Center Generator Addition BIDDER: CONTACT: ADDRESS: CITY, STATE: TELEPHONE NO: FAX NO: EMAIL: BID TABULATION Bejar Construction, Inc. All Florida Contracting Services Benny Bejar Michael Cox 6326 S.W. 191 Ave 3814 NW 126 Avenue Pembroke Pines, FL 33332 Coral Springs, FL 33065 954-431-5981 954-775-7767 954-431-4627 954-753-3122 beiarconstruction@msn.com mcox@afcs-co.com ITEM NO. ITEM DESCRIPTION TOTAL COST TOTAL COST 1 Mobilization/ Demobilization $ 13,750.00 $ 6,000.00 2 Constuction of Emergency Generator Addition $ 261,239.00 $ 287,118.00 3 Idemnification $ 10.00 $ 10.00 TOTAL $ 274,999.00 $ 293,128.00 Alternate Bid Item 1A (Add Provide Additional 3 years 1A Warranty $ 2,096.00 $ 2,641.00 Alternate Bid Item 2A (Deduct) Alternate for Alternate Generator 2A system manufacturer $ 23,194.00 $ 2,000.00 Generac Industrial Diesel Alternate Generator Manufacturer Generator Kohler Alternate Bid Item 2B (ADD) Alternate Generator System 2B Additional Warrantv $ 1,695.00 $ 2,500.00 Bid Bond Yes Yes Bid Opening: 10/07/2015 @ 2:00 PM Page 1 16-01 B - Bid Tabulation 4 City of Tamarac CITY OF TAMARAC AGREEMENT CHECKLIST BID NO. 16-01 B PARKS AND RECREATION CENTER GENERATION ADDITION & Contracts Division ❑ 1. 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. ❑ 2. Leave date on Page 1 blank. The date is entered upon City's execution. ❑ 3. 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. ❑ 4. 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 executed documents for this Agreement is: October 23, 2015. Return two copies of the executed documents to the attention of the Purchasing Division, 7525 NW 88th Avenue, Room 108, Tamarac Florida 33321. For telephone inquiries, contact the Purchasing Office at 954-597-3570. Email inquiries can be sent to Iynda.cummings(abtamarac.orr Ic or keith.glatz(cDtamarac.org. ❑ 6. Make sure executed documents are returned on or before the above deadline, in person or 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. ❑ 8. Prepare and return current W-9 Form, and request for Direct Deposit. Failure to follow the above guidelines may require the City to return the documents for re-signing. Bid No. 16-01 B - Parks and Recreation Center Generator Addition BIDDER: CONTACT: ADDRESS: CITY, STATE: TELEPHONE NO: FAX NO: EMAIL: BID TABULATION Bejar Construction, Inc. All Florida Contracting Services Benny Bejar Michael Cox 6326 S.W. 191 Ave 3814 NW 126 Avenue Pembroke Pines, FL 33332 Coral Springs, FL 33065 954-431-5981 954-775-7767 954-431-4627 954-753-3122 beiarconstruction@msn.com mcox@afcs-co.com ITEM NO. ITEM DESCRIPTION TOTAL COST TOTAL COST 1 Mobilization/ Demobilization $ 13,750.00 $ 6,000.00 Constuction of Emergency 2 Generator Addition $ 261,239.00 $ 287,118.00 3 Idemnification $ 10.00 $ 10.00 TOTAL $ 274,999.00 $ 293,128.00 Alternate Bid Item 1A (Add Provide Additional 3 years 1A Warranty $ 2,096.00 $ 2,641.00 Alternate Bid Item 2A (Deduct) Alternate for Alternate Generator 2A system manufacturer $ 23,194.00 $ 2,000.00 Alternate Generator Manufacturer Generac Industrial Diesel Generator Kohler Alternate Bid Item 2B (ADD) Alternate Generator System 26 Additional Warranty $ 1,695.00 $ 2,500.00 Bid Bond Yes Yes Bid Opening: 10/07/2015 @ 2:00 PM Page 1 16-01 B - Bid Tabulation AGREEMENT PARKS AND RECREATION CENTER GENERATOR ADDITION BID ISSUED: SEPTEMBER 6, 2015 City of Tamarac Purchasing & Contracts Division 7525 NW 88t' Avenue Room 108 (954) 597-3570 Tamarac, FL 33321 City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND BEJAR CONSTRUCTION, INC. THIS AGREEMENT is made and entered into this day of 20 ' 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 Bejar Construction, Inc., a Florida corporation with principal offices located at 6326 S.W. 191 Avenue, Pembroke Pines, FL 33332 (the "Contractor") for construction of the Parks and Recreation Center Generator Addition. 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 No. 16-01 B, "Parks & Recreation Center Generator Addition", 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. 16-01 B - "Parks & Recreation Center Generator Addition", as issued by the City, and the Contractor's Proposal; Bid No. 16-01 B, "Parks & Recreation Center Generator Addition" 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. Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 2 City of Tamarac Purchasing and Contracts Division 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 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 240 days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 3 City of Tamarac Purchasing and Contracts Division substantial completion hereunder and any resulting increase in general condition costs. 5) Contract Sum The Contract Sum for the above work is Two Hundred Seventy Four Thousand, Nine Hundred Ninety Nine Dollars and no cents ($274,999.00). 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 I 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. Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 4 City of Tamarac Nwobam Purchasing and Contracts Division 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. 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, Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 5 City of Tamarac 1 Purchasing and Contracts Division indirect, consequential, impact or other costs, expenses or damages including but no limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required 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 Sid No. 16-01 8 — Parks and Recreation Center Generator Addition — Agreement Page 6 City of Tamarac MAINIMMId Purchasing and Contracts Division or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 12.2 The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 12.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 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 Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 7 City of Tamarac Purchasing and Contracts Division Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Bejar Construction, Inc. Attn: Benny Bejar, President 6326 S.W. 191 Avenue Pembroke Pines, FL 33332 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 Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 8 City of Tamarac Purchasing and Contracts Division services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Public Records 18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 18.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 18.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 18.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 18.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 18.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 17 "Termination" herein. 19) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 9 City of Tamarac Purchasing and Contracts Division 20) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 21) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 22) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 23) Uncontrollable Circumstances 23.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 23.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 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. Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 10 City of Tamarac MOMMMId Purchasing and Contracts Division 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. Bid No. 16-01 B — Parks and Recreation Center Generator Addition — Agreement Page 11 City 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. TY OF TAMARAC --rAjd� Harry D essler, ayor /a - o � —/.6- C`°�Q" 1 ate ® \ ATT;ZT;�',,,, �A®•�. �p G��ichael C. Cernech, City Manager Patricia A. Teufel, CM City Clerk Date Date Approv d as to form and legal sufficiency: --VUL-X orney 1-7 11 Date �� ~t 15115--l' Benny B. Bejar Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date Page 12 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition City of Tamarac Purchasing & Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF •.SS COUNTY OF ��ejV,, 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 Benny B. Bejar, of Bejar Construction, 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 o20% Signature of Notary Public f,,- TINA FRANCO MY COMMISSION #FF121006 State of Florida at Large -111 '. EXPIRES May 8. 2018 (407) 398-ot53 FloridallotarvSe Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ]DID take an oath, or ❑ DID NOT take an oath. Page 13 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition City of Tamarac Purchasing & Contracts Division C' 4 IL 14 JA • IL J2 1 I l i i1#I \'. rage -14 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition City of Tamarac Purchasing & Contracts Division PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Bejar Construction, Inc. , as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Two Hundred Seventy Four Thousand, Nine Hundred Ninety Nine Dollars and No Cents ($274,999.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract for Bid No. 16-01 B — Parks and Recreation Center Generator Addition awarded the day of 20 , with OWNER for construction of the Parks and Recreation Center Generator Addition which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. Page 15 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition City of Tamarac & Contracts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the. Surety's obligation under this Bond. Signed and sealed this day of , 20_. WITNESSES Secretary Principal By (AFFIX SEAL) Signature and Title Type Name and Title signed above WITNESSES Surety Secretary By (AFFIX SEAL) Signature and Title Type Name and Title signed above IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Page 16 Bid No. 16-01 B — Parks and Recreation Center Generator Addition Agreement City of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT PAYMENT BOND State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: Of (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) Page 17 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition City of Tamarac Purchasing & Contracts Division PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, Bejar Construction, Inc., as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Two Hundred Seventy Four Thousand, Nine Hundred Ninety Nine Dollars, ($ 274,999.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, for Bid No. 16-01 B — Parks and Recreation Center Generator Addition awarded the _ day of , 20_, with OWNER for construction of the Parks and Recreation Center Generator Addition which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20 , for the construction of the Parks and Recreation Generator, within 240 calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms Page 18 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition of Tamarac IPurchasing & Contracts Division and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above rage 7,9 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition of Tamarac IN THE PRESENCE OF: INSURANCE COMPANY: & Contracts Division By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Page 20 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition City of Tamarac IPurchasing & Contracts Division ACKNOWLEDGMENT PERFORMANCE BOND State of County of On this the ____ day of 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) ,a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) Page 21 Agreement Bid No. 16-01 B — Parks and Recreation Center Generator Addition Form W-9 Request for Taxpayer Give Form to the (Rev. August2013) Identification Number and Certification requester. Do not Ioep�a,"I R coot es Bury send to the IRS. Name shown on your i e tax return) N Busi ess name/disreg ed entity name, if different from above Check appropriate box for federal tax classification: Exemptions (see instructions): ° ❑ Individual/sole proprietor ❑ C Corpoiration Corporation ❑ Partnership ❑ Trusttestate Exempt payee code (if any) `o ❑ Umfted liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exemption from FATCA reporting code (if any) w ❑ Other (see Instructions) P- ress (number, street, and apt. or suite no.) 32{, Requester's name and address (optional) City, state, and ZIP code ca _rig -,0 / c-)::- ,,�i, _ r r-L. Ust account number(a) here (optional) Eft Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line I Soclal security number FM _ m — to avoid backup withholding. For individuals, this is your social security number (SSN). However, fora 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 How to get a TiN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer ide iWcation number � , _ � © —M L V number to enter. • Certffication Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I 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 1 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 i 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 ORA), and generally, payments oth�[ titan M e vjd ds, you are not required to sign the certification, but you must provide your correct,TIN. See the Instructions on pac>p 3: ar n aturs Here U. on ► Data I. ( l ( V^' General Section references are to the Ints YoWil Var♦d'e Cbde unless of erwise noted. Future developments. The IRS has created a page v for information about Form W-9, at www.irs.govM9. information about any future developments affecting Forth W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA oode(s) entered on this form (If any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a forth other than Form W-9 to request your TiN, you must use the requester's forth If it is substantially similar to this Form W-9. Definition of a U.S. peraqn. For federal tax purposes, you are considered a U.S. person If you are: A person who is required to file an information return with the IRS must obtain your ,_1 nuiviuuaiwho is a U.S. citizen or U.S. resident alien, correct taxpayer identification number (TIN) to report, for example, Income paid to • A partnership, corporation, company, or association created or organized in the you, payments made to you in settlement of payment card and third party network United States or under the laws of the United Stag, transactions, real estate transactions, mortgage Interest you paid, acquisition or , An estate (other than a foreign estate), or abandonment of secured property, cancellation of debt, or contributions you made to an IRA , A domestic trust (as defined in Regulations section 301.7701-7). Use Form W-9 only 9 you are a U.S. person (Including a resident alien), to Special rules for partnerships. Partnerships that conduct a trade or business in provide your correct TiN to the person requesting it (the requester) and, when the United States are generally required to pay a withholding tax under section applicable, to: 1446 on any foreign partners' share of effectively connected taxable income from 1. Certify that the TIN you are giving is correct (or you are waiting for a number such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a to be issued), foreign g person, and pay the section 1446 withholding tax. Therefore, if you are a 2. Certify that you are not subject to backup withholding, or U.S. person that is a partner In a partnership conducting a trade or business in the 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If United States, provide Forth W-9 to the partnership to establish your U.S. status applicable, you are also certifying that as a U.S. person, your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership income From a U.S. trade or business is not subject to the Cat. No.10231X Form W-9 (Rev. 8-2013) BEJAR-1 OP ID: KT CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/21/2015 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 W.F. Roemer Insurance Agency 3775 NW 124Avenue Coral Springs, FL 33065 Jonathan F. Remes CONTACT Jonathan F. Remes PHONE Fax c No: 954-731-8438 A/c No EXt:954-731-5566 AC' E-MAIL s: jremes@roemer-ins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: vinings Insurance Company 16632 INSURED Bejar Construction, Inc. 6326 SW 191 Avenue INSURER B : INSURER C : Pembroke Pines, FL 33332 INSURER D : INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILA TYPE OF INSURANCE INSDL POLICY NUMBER MM/LDDY� MM/LDDY� LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE AIOCCUR X GLP019280100 04/11/2015 04/11/2016 EACH OCCURRENCE $ 2,000,00 PREMISES Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYA] j RO LOC GENERAL AGGREGATE $ 2,000,00 PRODUCTS -COMP/OP AGG $ 2,000,00 $ OTHER: A AUTOMOBILE LIABILITY ANY AUTO GLP019280100 04/11/2016 04/11/2016 (Ea accident) SINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS ( BODILY INJURY Per accident) $ X PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A H_ STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If as, describe under DESCRIPTION OF OPERATIONS below ' E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The interest of City of Tamarac and Eckler Engineering, Inc. is included as an Additional insured when required by written contract subject to policy terms and conditions. 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— T,AATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACC>Ra III.� CERTIFICATE OF LIABILITY INSURANCE DATE (MINDONY" 1 10/20/2015 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 endorsemant(s). PRODUCER W F ROEMER INSURANCE AGENCY INC CONTACT _NAM_k,,_ JONATHAN F REMES P"O%�410547315566 TFAX j4a A/CLtLo 3775 NW 124TH AVE E-MAIEss L JREMESCROEMER-INS.COM ___AAIC #__ CORAL SPRINGS FL 33065 I INSURED BEJAR CONSTRUCTION INC _!NswttERA_FWCJUA-,- 6326 SW 191ST AVENUE INSURER C - I RE R INSURER D: PEMBROKE PINES FL 33332 INSURER E 1 -7 INSURER F: I FEIN. 650860667 COVERAGES CERTIFICATE NUMBER:1510200093 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 REOUIREMENT, 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. IN I TIR —7— TYPE OF INSURANCE POMYMUMBM GENERAL LIABILITY EACH OCCURRENCE CCMMERCIALGENERAL LIABIUTY CLAIMS -MADE OCCUR i j j MED E,XP (Any aT PERSONAL & ADV INJURY III Fyf_ AGGRFY.A7F 130T APPI.IES PER, J PRODUCTS COMPtOP AGO 1 POLICY i J T LOC AUTOMOBILE LIABILITY ADS 1 L E LIMIT ANY AUTO BODILY INJURY (POI S ALL OWNED SCMEDULED AUTOS AUTOS BODILY INJURY (Per awdert) NON HIRED AUTOS -OWNED ALIT"OS PROPERTY DAMAGE S UMBRELLA LIAR !OCCUR EACH OCCURRENCE I; CLAWSNADE! DED AE-rewnoNs WORKERS COMPENSATION AND EMPLOYERS'LIAEALtlY YIN 1 _XA,0 A ANY PROPRIETOMPARTNER)EXECUTIVE C L EACH ACCIDENT OFFICEJME BER EXCLUDED? N] N I A IMl 0307N282 M?,12015 1 3a712016 DO (Mmidatory In NH) E.L.DISEASE -EAEMPLOY � S 1,000.000,00 If ytm, cescnbe under bekm El DISEASE POLICY LIMIT 151,000,000.00 __PERA11QNS DO DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Aftath ACCIRD 161, A04140ml RvftWi�% SOWO&Ar. N MtV& GP*Co is f#400f6d) CERTIFICATE HOLDER �T 4411"L 0119 City of Tamarac SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7525 NW 88th Avenue THE EXPIRATION DATE tWFREOF, NOTICE WILL BE DELIVERED IN I ACCORDANCE VATH THE POLICY PROVISIONS. Tamarac il 33321 AVTWP"ORePRESENTArWE� Phone Number, 954-597.3569 _w 0 1989-2010 ACORD CORPORAT". All rights reserved. ACORD 25 (2010106) The ACORD name and logo are registered marks of ACORD