HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-027Temp. Reso. ## 12612
February 25, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015 ;*,, 7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 14-
05R TO AND APPROVING AN AGREEMENT WITH WEST
CONSTRUCTION, INC. FOR THE DESIGN/BUILD OF FIRE
STATION 78 PROJECT FOR A CONTRACT AMOUNT OF
$314587604.20; A CONTINGENCY IN THE AMOUNT OF
$345)860.42 WILL BE ADDED TO THE PROJECT
ACCOUNT FOR A TOTAL PROJECT BUDGET OF
$3,804,464.62; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING AN
APPROPRIATION OF $814,465; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to provide its
residents and businesses with a high level of fire and rescue services; and
WHEREAS, the existing Fire Station 78 Building, located at 4801 West
Commercial Boulevard, is inadequate based on current needs; and
WHEREAS, City Staff assessed the available options and constraints, and
determined the best course of action was to demolish the existing facility and construct
a new building on the Fire Station 78 site; and
WHEREAS, the City published Request for Proposal (RFP) 14-05R for the
Design/Build of the Fire Station 78 Project (Steps 1 and 2) including the demolition of
the existing fire station, construction of a new hardened fire station, developing cost
estimates with product specifications, design plans and details, permitting, and
construction of the Fire Station 78 Demolition and Reconstruction Project in accordance
with the terms, conditions, and specifications contained in RFP 14-05R as well as in
Temp. Reso. # 12612
February 25, 2015
Page 2
compliance with the 2010 Florida Building Code, a copy of RFP 14-05R is incorporated
herein by reference and on file in the office of the City Clerk; and
WHEREAS,
an Evaluation Committee
was convened and was comprised
of the
Fire Department
Chief, Director of Public
Services, Assistant Director of
Public
Services/City Engineer, Project Engineer, Director of Community Development, Director
of Financial Services, and the Purchasing and Contracts Manager; and
WHEREAS, the Evaluation Committee reviewed the proposals of the five firms
on step two (2) and ranked West Construction, Inc. as number one (1) out of the five (5)
firms; a copy of the Evaluation Worksheet is attached hereto as "Exhibit 1 ", incorporated
herein and made a specific part of this resolution; and
WHEREAS, it is the recommendation of the Director of Public Services, the Fire
Chief, the Director of Financial Services, and the Purchasing and Contracts Manager
that the City Commission of the City of Tamarac award RFP 14-05R to and execute an
Agreement with West Construction, Inc., a copy of the Agreement is 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 RFP
14-05R to and execute an Agreement with West Construction, Inc., for the Design/Build
of Fire Station 78 Project at a contract cost of $3,458,604.20; a contingency in the
amount of $345,860.42 will be added to the project account for a total project budget of
$37804)464.62.
Temp. Reso. # 12612
February 25, 2015
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA THAT:
SECTION 1:
The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2:
The City Commission hereby awards RFP No. 14-05R to
and approves an Agreement between the City of Tamarac and West 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 Design/Build of Fire
Station 78 Project located at 4801 West Commercial Boulevard.
SECTION 3:
An expenditure for a contract cost of $3,458,604.20; a
contingency in the amount of $345,860.42 will be added to the project account for a
total project budget of $3,804,464.62 is hereby approved.
SECTION 4:
The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City
Code, and close the contract award including, but not limited to making final payment
within the terms and conditions of the contract and within the contract price.
SECTION 5:
An appropriation in the amount not to exceed $814,465-00 is
hereby approved and will be included in Budget Amendment Number Two in November
2014, pursuant to F.S. 166.241(2).
SECTION 6:
Temp. Reso. # 12612
February 25, 2015
Page 4
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7:
If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 8:
passage and adoption.
This Resolution shall become effective immediately upon its
f
PASSED, ADOPTED AND APPROVED thisA &#Z—day of
ATTEST:
PATRICIA TE-UF,EL, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
-M
CITY ATTO RN
HAR DRES
MAYOR
SLER
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: VICE MAYOR BUSHNELL
DIST
2:
COMM.
GOMEZ
DIST
3:
COMM.
GLASSER
DIST
4:
COMM.
PLACKO
14-05R TR 12612 - Exhibit 1
DESIGN/BUILD OF FIRE STATION 78 - STEP 2
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D. Stephenson Chadand Rurey Pirtle Construction
Di Pompeo Construction Construction, Inc. Construction, Inc. Company West Construction, Inc.
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Fire Department Chief 18 16 10 18 17
Director Public Services 16 1 14 18 14 10
Assistant Director Public Services 16 10 17 12 8
Pro'ect Engineer, Public Services 18 12 16 12 12
Director Community Development 18 15 18 15 18
Director Financial Services 19 18 17 14 18
Purchasing Manager, Finance 20 20 18 18 20
BACKGROUND,D:EXPTOTAL
1
Now
;.FRS ' CIS
Fire Department Chief 12 12 15 15 15
Director Public Services 12 10 14 10 5
Assistant Director Public Services 13 9 14 8 10
Pro'ect Engineer, Public Services 13 10 14 11 12
Director Community Development 15 10 15 10 15
Director Financial Services 13 13 12 13 11
Purchasing Manslaper, Finance 15 10 1 15 12 10
Fire Department Chief 18 5 20 5 18
Director Public Services 15 5 18 2 15
Assistant Director Public Services 17 8 18 5 12
Pro'ect Engineer, Public Services 18 1 12 19 10 13
Director Community Development 20 15 20 15 20
Director Financial Services 13 13 16 8 13
Purchasing Mangper, Finance 15 7 20 10 20
DIESI[CAM
ILDIEW
Fire Department Chief 16 16 12 12 20
Director Public Services 14 10 12 10 5
Assistant Director Public Services 15 10 17 13 18
Pro'ect Engineer, Public Services 17 12 16 14 15
Director Community Development 19 15 19 15 20
Director Financial Services 19 17 18 18 20
Purchasinp Man er, Finance 19 1 15 13 10 19
fESIGN/BUILD TEAM WORK•' • • --95 107•
z
3
Fire Department Chief 16.99 20.1 16.57 18.03 25
Director Public Services 16.99 20.1 16.57 18.03 25
Assistant Director Public Services 16.99 20.1 16.57 18.03 25
Pmiect Engineer, Public Services 16.99 20.1 16.57 18.03 25
Director Community Development 16.99 20.1 16.57 18.03 1 25
Director Financial Services 16.99 20.1 16.57 18.03 25
Purchasina Mana er Finance 16.99 20.1 16.57 18.03 25
PROJECT
• PROPOSAL TOTAL.3 140.7 115.99 126.21
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/.., /
Fire Department Chief 80.99 69.1 73.57 68.03 95
Director Public Services 73.99 59.1 78.57 54.03 60
Assistant Director Public Services 77.99 57.1 82.57 56.03 73
Pro'ect Engineer, Public Services 82.99 66.1 81.57 65.03 77
Director Community Development 88.99 1 75.1 88.57 73.03 98
Director Financial Services 80.99 81.1 79.57 71.03 87
Purchasing Mangoper, Finance 85.99 72.1 82.57 68.03 94
TOTALPOINTS 571.93• 1 566.99 455.21 584,00
:: ,x i.r..✓ .. r/ � � yy,/ /i .. .. , ..z ,.. s.. s: r .. ,r ,.. .,,././.
r „h „ ,✓, ,.. , .r,,, , ,.. � ,� 1,,_ y.�", .,.r��„yam ����e,r��rr�, �. % � � r�i r�
Fire Department Chief 2 4 3 5 1
Director Public Services 2 4 1 5 3
Assistant Director Public Services 2 4 1 5 3
Pro'ect Engineer, Public Services 1 4 2 5 3
Director Community Development 2 4 3 5 1
Director Financial Services 3 2 4 5 1
Punchasin Manger, Finance 2 4 1 3 1 5 1 1
•• 2 4 3 1 5 11
STEP 2
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
(NEST CONSTRUCTION, INC.
ram.
THIS AGREEMENT is made and entered into this. day of , 2015
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 West Construction
Inc., a Florida corporation with principal offices located at 318 South Dixie Highway,
Suites 4-5, Lake Worth, FL 33460 (the "Contractor") to design and build Tamarac's new
Fire Station 78 located at 4801 W. Commercial Boulevard, Tamarac, FL 33321.
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, RFP Document No. 14-05R,
including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), Scope of Work, all addenda, the
Contractor's original RFP proposal plus Fire Station 78 Mod-1 dated January 9,
2015 (Exhibit A), 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 14-05R as issued by City, and Contractor's original
Proposal and as modified by Mod-1, 14-05R as issued by City shall take
precedence over the Contractor's original Proposal and Mod-1. Furthermore, in
the event of a conflict between this document and any other Contract Document,
this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
I Agreement
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 Final Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be completed within (560) calendar 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 City in accordance with the Schedule included in
the Contract Documents. In the event any delays in the pre -construction or
construction portion of work occur, despite the diligent efforts of the parties
hereto, and such delays are the result of force majeure or otherwise
2 Agreement
outside of control of either party hereto, then the parties shall agree on an
equitable extension of time for substantial completion hereunder and any
resulting increase in general condition costs.
5) Contract Sum
The Contract Sum for the above work is Three Million Four Fifty -Eight Thousand
Six Hundred Four Dollars and twenty cents ($3,458,604.20). ^nA ih J
s Payments
Payment will be made monthly for work that has been completed, inspected an
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. The City desires to be able to make
payments utilizing City's Visa Procurement Card as a means of expediting payments. It
is highly desirable that the successful proposer have the capability to accept a Visa
Procurement/Credit card as a means of payment.
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 settingforth 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
I Xo- 500000'
( 0 t t
3 Agreement
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.
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 City and 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 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 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
4 Agreement
be the Contractor's responsibility, and the amount of each applicable bond shall
be adjusted accordingly. The Contractor shall furnish proof of such adjustment
to the City Failure of the Contractor to obtain such approval from the Surety may
be a basis for termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at an time in the progress of the Work by labor disputes, fire, unusual delay in
Y Y
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 City approval of final payment. In the event that defect occurs during this time,
5 Agreement
Contractor shall perform such steps as required to remedy the defects. Contractor shall
be responsible for any damage 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 subsequent release of any Performance or Payment Bonds, which
may be required by the original RFP 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 Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
768.28, as amended from time to time.
12.3 The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor 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
Contractor. Furthermore, the City and Contractor 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 Contractor's responsibility to indemnify.
13) Non -Discrimination &Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. 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 shall
6 Agreement
agree to post in conspicuous places, available to 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 Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not
conflict with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business, that it
has made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any joint
employment relationship between the Contractor and the City and the City will not be liable for
any obligation incurred by Contractor, including but not limited to unpaid minimum wages
and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given 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 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
7 Agreement
CONTRACTOR:
West Construction Inc.
318 South Dixie Highway, Suite 4-5
Lake Worth, FL 33460
(561) 588-2027
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 the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
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 s 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
8 Agreement
shall enforce the Default in accordance with the provisions set forth in
Article 17, "Termination", herein.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
20) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
22) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to extent of such prohibition or
unenforceability without invalidating remaining provisions hereof or affecting 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
9 Agreement
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) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other
than a bona fide employee working solely for Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
Balance of Page Intentionally Left Blank
10 Agreement
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President duly
authorized to execute same.
ATTEST:
Patricia A. Teufel, c
City Clerk
i
Ddte
ATTEST:
ignature o,
Matthew F. West
M4-j
orate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
Harry bress`ler, Mayor
ager
Date
Approved as to form and legal sufficiency:
a#N
City orney
)1/ 2 e it
WEST CONSTRUCTION, INC.
Company Name _
Signature of President
Martha A. Morgan
Type/Print Name of President
i /9- / l /s
Date
11 Agreement
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
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
Martha Morgan, President of West 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.
�lsr
WITNESS my hand and official seal this, d�
dna t"_a ry Public
State of Florida at La rg e
RACQUEL J. BARRETT
* . * MY COMMISSION # E 097664
f9rFOF f4��\o Bon iiGupaor Stamp
Name of Notary Public
[+�' Personally known to me or
❑ Produced Identification
Type of I.D. Produced
DID take an oath, or
41D NOT take an oath
12 agreement
EXHIBIT "A"
City of Tamarac - Fire Station 78
Addltlonel Cat - Broakdown
DecMOW
42, 2044
F
_ 2.6g44OAMM
Ckw Grub
r. ft Podbrad'
Mw
is to
.:[Ear-thwo*
Sol Of+#t T�
4000
C0 Pavement fir►
Sig
"�� Toes�1
t. 0
l As r
2 .off
g!Eu wfst
C a
R2ffst Frormas rid ftiM t*re
. a A M 0 FrOv
t
_ -.j$42.40
B!!btr
"238
O
:
W
A
Yam Emt Systorn.. .;
PUnbing
v.00
Ire. 1!
:SUBTOTAL
-
9.34
TOTAL.
411 0.40
<, west
s } a!+�/.� /► _ fit} /�. (� j _ i- - - - - --___- - - -- --- -
-
west
Mg So#Ah OWe HVway I Suft 4-8 / Lake Worth, Florlds 33460 1 one: 1-8-20271 Fax: 561y582 ig
Lk*nse No. CBC057Q38 l CGC1516626 / AA2 1503 / vvww.we+ cgnstrkictioning.n t / �Mest- rch.cv
January 09, 2016
Jim Nlootra
Senior Procurement Specigst
CRY of Tamarac
7525 NW 86th, Ave
Room 08
Tamarac, Fkxida 33321
(0) 597-3569
Jinn, orq
RE: Tamarac Fire Station 78
4801 W. CommrclWOvd.
Tamarac, Fkwjda 33321
Budget Revisions per Negotiation Meetings and Site Visits
Below areourresponses to the comments from the CRY's response letter dated Jan 7, 200.
Comment 1. Dumpster (5, .00) -The only requested ctwMe to Vie dumpster erwiowre
was to relocate the enclosure to the, rear of the wkhin the secured area.
Please provide further explanation on the proposed $5,000.00 cost Increase.
Response: We entarged the dumnpster to inctude, enough space for a second recy-cle
dumpster. We are willing to remove this cost from the revised proposal.
Comment 2. LandscapWg (i10,000.04) — The open space and/or available Manti-no area was
signifficantly reduced with the larger bubling footprint Please provide furftw explanation for
the k=ease to the landscaping cost with a decrease In the aVa;Hable *nflr
ng area..
ReaW�
posse: ost had Increased this bu get line Its ml-foradditionial screeno of
Commercial Boulevard L from the outdoor patio space and the rear of the property., West
can delete these enbancernents from the revised proposal.
Corm nt:3. Blanket Insulation 0.00 Please provide a more detailed descri ption
and toCat on. for this Ron
ionaioResponse,,- This Is a result of the additional conditioned space. Additl Insulatn
,
required for the envelope of the building.
WON W
West construction kw. I West Architectum + D994% 8'2C;2
318 South Me H%Ihway I Suite 4-5 / Lake Worth, Fbrids 33460 1 Phone: 561 7 Fax: :561-H2409
Mew No. CM057038 / CGM16626 /AA26001603 I ftm_.westcOAstN_gjtQnjnc. net I W&.weg-?tC--h.C*M
Comment 4. Bunker Gear Lockers ($3,9M.-00) -- In accordance w1th the Design cr er
Package and Addendum No. 10 of the R F P, the original proposal required 2
heavy duty single tier I -Tier) makers r dh perforated doors and skies. Each
locker 20" x 2 x 9" with the folowing specifications: I "bier, CLK 14D, CAW,
1 Shelf, 2 SG -Hooks. Wherefore, any cost Increase associated - n' e-Ong tie
required number of lockers or Increasing the size of the bunker gear room to
accommodate the 27 lockers, shall he the responsilAtUty of West Construction..
Response: meet concurs and has removed this from the additional scope.
Camment 5. fir Hawk Vehicle Exhaust System ($4,900. 00) - In aecordance With the
Design Criteria Package (DCP), the orig:�al proposal required -overhead atr
cleaning deices within the fire apparatus bay area. Barring the submtktat of
suppot g documentation sho—ingt the Increase to the try t (approx.13%) warrants an additional unt, the cost of providing a vehicle exhaust system
for the bay area shah be the responSibility of West Canstnx�Uon. P6ase rtcts. the
C3CP also celled for Air Fir System, Model No. ACtJ-3000 units, not Air' ##awk.
R 1 e best has confirmed with the* vondor that no additionsl waits are roquired and
we have removed this cost from the additional scope.
lr.# AL
di
RjOV%jW
proposal Y IF 3.9'3869116-40
Jim
West Coratruction Inc.1 West Grewiftot # D"lans
319 , W MAS Highway l S#Ae 4-51 Lace Wodh, FWM& 334601- c : M-: -8-M7 I fax: 04$21 e
License No. COM70381 CG1 516626 ! M26Wi6M ! www we-stcon U tion nc.net f w wr.west-arch.
0
RIAIA
a down of tho budgeit.roVWorm Oesulting from ft enha 'wrb mor elovatk", Of
neety made to tho OXN
$1,461,040
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CERTIFICATE OF LIABILITY INSURANCE
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CERTIFICATE WY BE MUED OR MAY PERTAJN, THE INSURANCE AFFORWD BY THE Pt�IES DESCRIBED HEREIN ISSt ECT T�?I" THE TERM.
"a SICI S A C MONS O SWH POUCIES. tIAITS SNP NAY HAVE BEEN RED€M W MO CIAtMS;
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