HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-125Temp. Reso. # 12431
Rev. #1-Revised 12/2/13
December 111 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013 lam
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 13-
19B TO AND APPROVING AN AGREEMENT WITH FHP
TECTONICS CORPORATION FOR THE NW 108T"
TERRACE/NW 80TH STREET DRAINAGE IMPROVEMENT
PROJECT BETWEEN MCNAB ROAD AND NOB HILL
ROAD, IN ACCORDANCE WITH BID NO. 13-19B FOR A
CONTRACT AMOUNT OF $533,134.64; A CONTINGENCY
IN THE AMOUNT OF $53,313.46 WILL BE ADDED TO THE
PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET
OF $586,448.10; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING
BUDGET AMENDMENTS FOR PROPER ACCOUNTING
PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents with safe high
quality drainage and roadway systems throughout the City; and
WHEREAS, it is evident that portions of the asphalt roadway on NW 108th
Terrace/NW 80th Street between McNab Road and Nob Hill Road, especially near the
center median, have become delaminated from the base rock along a majority of the
roadway and is in need of repair; and
WHEREAS, the natural condition of extremely poor percolation that exists in the
area has adversely affected the roadway; and
WHEREAS, a median drainage system is necessary to convey stormwater runoff
from the large grassed medians to the existing perimeter drainage system located
outside the roadway asphalt surface; and
Temp. Reso. # 12431
Rev. #1-Revised 12/2/13
December 11, 2013
Page 2
WHEREAS, the City of Tamarac publicly advertised. Bid No. 13-19B for the NW
108th Terrace/NW 80th Street Drainage Improvement Project; incorporated herein by
reference and on file in the office of the City Clerk; and
WHEREAS, on
November
21,
2013,
thirteen (13)
bids
were opened and
reviewed in order to
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 that FHP
Tectonics Corporation, submitted the lowest responsive and responsible bid, meets the
minimum experience requirement for the project, and shows evidence of having
experience in drainage construction, which are critical elements of this project; and
WHEREAS, FHP Tectonics Corporation possesses the required knowledge and
experience to construct the NW 108th Terrace/NW 80th Street Drainage Improvement
Project and has agreed to the Terms and Conditions, Special Conditions, and Technical
Specifications of Bid No. 13-1913; and
WHEREAS, it is the recommendation of the Public Services Director and
Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 13-
19B and execute the agreement with FHP Tectonics Corporation, for the NW 108th
Terrace/NW 80th Street Drainage Improvement 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, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to award Bid No. 13-
Temp. Reso. # 12431
Rev. #1-Revised 12/2/13
December 11, 2013
Page 3
19B and execute the agreement for the NW 108th Terrace/NW 80th Street Drainage
Improvement Project with FHP Tectonics Corporation for a contract cost of
$533,135-64; and a contingency in the amount of $53,313.46, for a total project budget
of $586,448.10.
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 Bid No. 13-19B to
FHP Tectonics Corporation and approves an Agreement between the City of Tamarac
and FHP Tectonics Corporation ("the Agreement") and the appropriate City Officials are
hereby
authorized
to execute the
Agreement,
hereto attached as "Exhibit "2", to provide
for the
NW 108th
Terrace/NW
80th Street
Drainage Improvement Project between
McNab Road and Nob Hill Road.
SECTION 3:
An expenditure for a contract amount of $533,134.64 a
contingency in the amount of $53,313.46, for a total project budget of $586,448.10 for
said purpose is hereby approved.
Temp. Reso. # 12431
Rev. #1-Revised 12/2/13
December 11, 2013
Page 4
SECTION 4: Funding for the NW 108th Terrace/NW 80th Street Drainage
Improvement Project between McNab Road and Nob Hill Road for a contract cost
$533,134.64 and a contingency in the amount of $53,313.46, for a total project budget
of $586,448.10 is available in Project Number SW116 in the Stormwater Capital Project
Fund.
SECTION 5:
The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-147 (j) 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 budget amendments for proper accounting purposes are
hereby authorized.
SECTION 7: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8:
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 9:
Temp. Reso. # 12431
Rev. #1-Revised 12/2/13
December 11, 2013
Page 5
This Resolution shall become effective immediately upon its
passage and adoption.
PASSED PP AND ADOPTED
• APPROVED thisfiday of )2013.
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
el
M
SAMUEL S. GOREN
CITY ATTORNEY
BETH TALABISCO
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHNEL
DIST 2: VICE MAYOR GOME`2 VLz-v
DIST 3: COMM. GLASSER-14,A7v
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
FHP TECTONICS CORP.
tl�
THIS AGREEMENT is made and entered into this day of L, 2013
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 FHP Tectonics
Corp., an Illinois corporation with principal offices located at 5515 N. East River Road,
Chicago, IL 60656 (the "Contractor") for the construction of drainage improvements
located at NW 108th Terrace and NW 80th Street, Tamarac, FL.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 13-19B,
including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all
addenda, the Contractor's bid, 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 13-19B as issued by City, and Contractor's
Proposal, 13-19B 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 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
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.
I Agreement
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 substantially completed within (180) 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 the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
2 Agreemeot
5) Contract Sum
The Contract Sum for the above work is Five Hundred Thirty Three Thousand
One Hundred Seventy Two Dollars and one cent ($533,134.64).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by
the City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the
work exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall
be the sole judge of non-conformance and the quality of workmanship.
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and
executed by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work. All Change Orders shall
include overhead and profit, not to exceed five percent (5%) and five percent
(5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
3 Agreement
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
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.
4 Agreement
9) No Damages for Delays
T ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
deliveries, adverse weather conditions not reasonably anticipated, unavoidable
casualties or other causes beyond the Contractor's control, or by other causes which
the City and Contractor agree may justify delay, then the Contract Time shall be
reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting
delay, in accordance with and to that extent specifically provided above. No extension
of time shall be granted for delays resulting from normal weather conditions prevailing
in the area as defined by the average of the last ten (10) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible
for any damages caused by defect to affected area or to interior structure. The one (1)
year warranty period does not begin until approval of final payment for the entire project,
and the subsequent release of any Performance or Payment Bonds, which may be
required by the original bid document.
5 Agreement
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
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.
Agreement
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
CONTRACTOR:
FHP Tectonics Corp.
290 NW 165th St., Suite P200
Miami, FL 33169
(305) 940-0264
Agreement
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
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.
Agreement
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
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.
Agreement
25) No Construction Against Drafting Party
Each party to this Agreement expressly recog-nines 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.
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 thro.ugh its
Mayor and City Manager, and CONTRACTOR, signing by and through its Senior Project
Manager duly authorized to execute same.
CITY O TAMARAC
`XJ%J1111 J,,/J
� N R A C �ii,
PM... • • •..,,• ,, Beth Talabisco, Mayor
0 1-3
•®DGIt
�. U
ATTEST: � •••. .•'�'� Michael C. Cernech City Manager
..�, Y 9
f i/A R D
-")ePatricia A. Teufel, CIVIC Date
City Clerk
t OL11 I Qd I Z)
V
ATTEST:
Signature of Asst. Corporate Secretary
Kathleen Pattison
Type Name of Asst. Corporate Secy.
(CORPORATE SEAL)
Approved as to form and legal sufficiency:
q
Date
N ICS. CORP.
Signature of Senior Project Manager
David P. Roy
Type Name of Senior Project Manager
Date
11 agreement
CORPORATE ACKNOWLEDGEMENT
STATE OF PWr�6Q
COUNTY OF?WQV00it^6 :SS
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
David P. Roy, Senior Project Manager of FHP Tectonics Corp., a Florida Foreign Profit
Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of ����►J�' � , 2013.
114Tf*le
VANIQUA I LEE
Notary Public - State of Florida
My Comm. Expires Mar 31, 2015
Commission # EE 79494
Signature of Notdry Public
State of Florida at Large
Van Uq
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
12 Agreement
LY AL�`�O,iR
r CERTIFICATE OF LIABILITY INSURANCE
DATE (MMJDD/YYYY)
11/26/2013
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
MARSH USA INC.
540 W. MADISON
CH I CAGO, IL 60661
Attn: chicago.CertRequest@marsh.com
CONTACT
NAME:
NE
PHC N
FAX
No):
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Zurich American Insurance Company
16535
INSURED
FHP Tectonics Corp.
290 NW 165th Street, Suite P200
INSURER B : American Zurich Insurance Company
40142
INSURER C :Illinois National Insurance Company
23817
INSURER D : Indian Harbor Insurance Co.
36940
Miami, FL 33169
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: CHI-004806072-01 REVISION NUMBER:1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
OF INSURANCE
ADDLSUBRTYPE
INSR
WVD
POLICY NUMBER
MMIDDY EFF
MPMlDDY EXP
LIMITS
A
GENERAL LIABILITY
GLO 5833476-01
10/01/2013
10/01/2014
EACH OCCURRENCE
$ 1,000,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE M OCCUR
DAMAGE TO NTED
PREMISES EaEoccurrence
$ 300,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
$
X POLICY PRO- JECTLOC
A
AUTOMOBILE LIABILITY
BAP5833474-01
10/01/2013
10/01/2014
COMBINED SINGLE LIMIT
Ea accident
1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
AUTOSAUTOS
PROPERTY DAMAGE
Per accident
$
X X NO OWNED
HIRED AUTOS AUTOS
$
C
X
UMBRELLA LIAB
X
OCCUR
BE014929118
10/01 /2013
10/01/2014
EACH OCCURRENCE
$ 25,000,000
AGGREGATE
$ 25,000,000
EXCESS LIAB
CLAIMS -MADE
DED
I X
RETENTION $ 10,000
$
B
WORKERS COMPENSATION
WC 5833475-01(AOS)
10/01/2013
10/01/2014
X
WC STATU-
OTH-
B
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
N / A
WC 5833477-01 ( WI)
10/01/2013
10/01/2014
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
$
D
Professional/Pollution Liab.
CE07420104
10/01/2013
10/01/2014
Each Act 5,000,000
'SIR: $50,000'
Aggregate 5,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Re: Job # Bid No.13-19B NW 108 Terrace/NW 80 Street Drainage Project
City of Tamarac is/are included as additional insured (except Workers' Compensation) where required by written contract.
This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract.
Waiver of subrogation is applicable where required by written contract.
CERTIFICATE HOLDER CANCELLATION
City of Tamarac
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Purchasing Division
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
7525 NW 88th Ave.
ACCORDANCE WITH THE POLICY PROVISIONS.
Room 108
Tamarac, FL 33321
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Manashi Mukherjeei'' .'
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 057572
LOC #: Chicago
AC � ADDITIONAL REMARKS SCHEDULE Page - 2 of 2
AGENCY
MARSH USA INC.
NAMED INSURED
FHP Tectonics Corp.
290 NW 165th Street, Suite P200
Miami, FL 33169
POLICY NUMBER
CARRIER
NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Excess Layer Liability
Insurer: Endurance American Insurance Company
Policy Number: EXC10004227000
Policy Period: 10/01/2013 -10/01 /2014
Each Occurrence: $25,000,000
Aggregate: $25,000,000
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
DATE (MM/DD/YYYY)
EVIDENCE OF PROPERTY INSURANCE 11/26/2013
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
ADDITIONAL INTEREST NAMED. BELOW. THIS EVIDENCE DOES NOT, AFFIRMATIVELY OR NEGATIVELY AMEND,_ EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY PHONE COMPANY
MARSH USA INC. Zurich American Insurance Company
540 W. MADISON
CHICAGO, IL 60661
Attn: Chicago.CertRequest@marsh.com
FAX E-MAIL
A/C No): ADDRESS:
CODE: SUB CODE:
AGENCY
CUSTOMER ID
INSURED LOAN NUMBER POLICY NUMBER
F.H. Paschen, S.N. Nielsen & MBR 9327011-00
Associates, LLC
5515 N. East River Road EFFECTIVE DATE EXPIRATION DATE
Chicago, IL 60656 10/01/2013 10/01/2014 CONTINUED UNTIL
9 F7 TERMINATED IF CHECKED
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATION/DESCRI PTIO N
Re: Job # Bid No.13-19B NW 108 Terrace/NW 80 Street Drainage Project.
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
EVIDENCE OF PROPERTY INSURANCE 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.
COVERAGE INFORMATION
COVERAGE / PERILS / FORMS
AMOUNT OF INSURANCE
DEDUCTIBLE
Builder's Risk Total Policy Limit
PD Limit + Delay Limit
Physical Damage
PD Limit
Delay in Completion
Not Covered
Off -Site Storage
2,500,000
Transit
2,500,000
Flood, Water Damage, Earthquake, Named Storm
INCLUDED
Coverage includes $1,000,000 in limited damage to existing coverage when required by written contract.
REMARKS (Including Special Conditions)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST CHI-004806181-01
NAME AND ADDRESS
City of Tamarac
Purchasing Division
7525 NW 88th Ave.
Room 108
Tamarac, FL 33321
MORTGAGEE
LOSS PAYEE
LOAN #
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
ADDITIONAL INSURED
Manashi Mukherjee
ACORD 27 (2009/12) 01993-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD