HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-073Temp. Reso. #11828
May 13, 2010
Page 1
CITY OF TAMARAC, FLORIDA r
RESOLUTION NO. R-2010- / 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AN
AGREEMENT WITH SPECIFIED ARCHITECTURAL
SYSTEMS, INC., A SOLE SOURCE DISTRIBUTOR,
FOR THE REPLACEMENT OF THE TRANSLUCENT
PANEL ROOF SYSTEM COMPONENTS AT THE CITY
OF TAMARAC CITY HALL BUILDING LOCATED AT
7525 NW 88T" AVENUE; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; AUTHORIZING AN EXPENDITURE
NOT TO EXCEED $43,350.00, WHICH INCLUDES A
CONTRACT PRICE OF 39,350.00 AND A PROJECT
CONTINGENCY OF $4,000.00 A; PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the existing roof system at City Hall was installed in 2004 and
consists of translucent panels which provide protection from the elements while
supplying natural daylight to the interior of the atrium area; and
WHEREAS, the roof system has been compromised due to the premature
discoloration and deterioration of the roof panels on the south side of the City Hall
roof; and
WHEREAS, to prevent property damage from leaks, maintain the integrity
of the roofing system, and preserve the aesthetics of City Hall, replacement of the
affected roof panels is recommended; and
WHEREAS, in the Fiscal Year 2001 Budget, a "sinking fund" was created
for the purpose of setting aside smaller increments of funding each year until such
time that the full replacement cost would be accumulated, thereby allowing for the
Temp. Reso. 911828
May 13, 2010
Page 2
planned replacement of the roof without an unusually large financial commitment
in one particular year; and
WHEREAS, the manufacturer of the existing panel system, Kalwall
Corporation, has only one certified installer in the state of Florida and staff
research revealed that there is no other manufacturer which produces an
equivalent roof system which meets the specifications of the existing system; and
WHEREAS, City of Tamarac Code §6-151 grants the authority to waive
competitive bid requirements for the purchase of supplies and services available
from only one (1) source; and
WHEREAS, the vendor has agreed to provide the replacement translucent
panel roof components at no cost due to the premature deterioration; and
WHEREAS, the cost proposal submitted by Specified Architectural
Systems, Inc. for installation is both fair and reasonable and is equal to or better
than what would be extended to another customer with similar needs; and
WHEREAS, consideration for another system would require significant
structural modifications, including electrical and lighting changes, at a cost that
would greatly exceed the proposed replacement cost; and
WHEREAS, funding is available for this project in the "Buildings — Roofing
Systems Repair and Replacement" capital improvement project (PW98H); and
WHEREAS, the Director of Public Works and Contracts Manager
recommend that the appropriate City Officials enter into an agreement with
Specified Architectural Systems, Inc., a sole source distributor, for the
replacement of the translucent panel roof system at City Hall in an amount not to
Temp. Reso. #11828
May 13, 2010
Page 3
exceed $43,350.00, which includes a contract price of $39,350 and a project
contingency of $4,000; 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
execute an agreement with Specified Architectural Systems, Inc. for the
replacement of the translucent panel roof system at City Hall in an amount not to
exceed $43,350.00.
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
incorporated herein and made a specific part of this resolution.
SECTION 2: The City Commission hereby approves the Agreement
between the City of Tamarac and Specified Architectural Systems, Inc. ("the
Agreement") and the appropriate City Officials are hereby authorized to execute
the Agreement attached hereto as Exhibit 1" for the replacement of the
translucent panel roof system components at City Hall
SECTION 3: An expenditure in an amount not to exceed $43,360,
which includes a contract price of $39,350 and a project contingency of $4,000, is
hereby authorized to be funded from the General Capital Project Fund (310) as a
part of the Buildings — Roofing System Repair and Replacement Capital
Improvement Project (SW98H).
SECTION 4: All resolutions or parts of resolutions in conflict
Temp. Reso. #11828
May 13, 2010
Page 4
herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 6: 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 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 14�4 2010.
BETH TALABIS O
MAYOR
ATTEST:
eZP/-/,W 61V
Record of COMMISSION VOTE:
ARION--SWENS6ff, CMC
MAYOR TALABISCO
CITY CLERK
DIST 1: COMM BUSHNEL
DIST 2: COMM ATKINS-GRA
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER �f
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SA EL S. G
CITY ATTOR Y
City of T1171arac
Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SPECIFIED ARCHITECTURAL SYSTEMS INC.
THIS AGREEMENT is made and entered into this day of , 2010
by and between the City of Tamarac, a municipal corporation with principay offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Specified
Architectural Systems, Inc., a Florida corporation with principal offices located at 9942
Currie Davis Drive, Suite C, Tampa, FL 33619 (the "Contractor") to provide for the
replacement of the Kalwall translucent panel system for City Hall.
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, and the Contractor's
proposal dated May 13, 2010, 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 this document and the Contractor's
Proposal dated May 13, 2010, this document 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 replace the existing Kalwall Translucent Roof Panel
System with a new Kalwall Panel System at the City Hall facility
located at 7525 NW 88th Avenue in Tamarac, Florida, including
the removal and disposal of the existing panels from the area.
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 a written installation
schedule for approval including specific dates and times prior to
i Aci!c : n'ient
City of Tamarac Purchasing and Contracts Division
the beginning of work under this Agreement. Contractor shall
provide the City with seventy-two (72) hours written notice prior
to any schedule change with the exception of changes caused by
inclement weather. Contractor shall adjust the method of
installing the roof during regular business hours to avoid
interference with the regular activities of employees and visitors
of the CITY HALL facility to include work at night or on weekends
as necessary.
2.1.4 All equipment must be stored in a safe manner and the worksite
must be kept free of debris when the Contractor is not in
operation. The City shall not be responsible for damage to any
equipment or personal injuries caused by the Contractor's failure
to safely store equipment and clean the worksite.
2.1.5 Contractor shall only remove those panels which could be
replaced and sealed against water intrusion before the end of
work each day and Contractor shall adequate take safety
measures to ensure the protection of persons and property within
the CITY HALL facility at all times. Contractor shall keep the
work site reasonably free from debris and properly dispose of all
materials in a timely manner.
2.1.6 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 General Liability Insurance policies shall be
2 Agreement
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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 execution of the Agreement at a time mutually agreeable to both
parties. Drawings must be completed and reviewed prior to material
fabrication. The total project shall be substantially completed as mutually
by City and Contractor. 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.
5) Contract Sum
The Contract Sum for the above work is Thirty -Nine Thousand Three Hundred
Fifty dollars and Zero Cents ($39,350.00).
6) Payments
6.1 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.
6.2 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
City of Tatnatac ar;d Coit!eacl�� Divisiot,
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
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 Contractors 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
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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, 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
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City of 7c)1T"atn"; F1( °i 3S!(7C7 (1( (L°lt(aci_ Divis)on
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.
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
City r,f 7a im.,lia+
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
13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, 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, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, 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 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.
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
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tarty of Vain arric, f'ur„ h�suic acid (3oncrac:ts D osion
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
Specified Architectural Systems, Inc.
9942 Currie Davis Dr., Ste C
Tampa, FL 33619
Attn: Jon Thornton
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
City of 7arnai ac Pal(l ql.;ulcr wO Corill j.iOs blvi'siol'
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) 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.
19) Liquidated Damages
Upon failure of Contractor to complete the work within the time specified for
completions (plus approved extensions if any), Contractor shall pay City the sum of
$250.00 for each calendar day that the completion of the work is delayed beyond the
time specified in the contract for completion, as fixed and agreed liquidated damages
and not as a penalty. Liquidated damages are hereby fixed and agreed upon between
the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by City as a consequence of such delay and both
parties desiring to obviate any question of dispute concerning the amount of said
damages and the cost and effect of the failure of Contractor to complete the contract
on time. Regardless of whether or not a single Contract is involved, the above -stated
liquidated damages shall apply separately to .each portion of the work for which a time
of completion is given_ The City shall have the right to deduct from and retain out
moneys which may be due or which may become due and payable to Contractor, the
amount of such liquidated damages and if the amount retained by City is insufficient to
pay in full such liquidated damages, Contractor shall pay in full such liquidated
damages. Contractor shall be responsible for reimbursing City, in addition to liquidated
damages or other per day damages for delay, for all costs of engineering, architectural
fees, and inspection and other costs incurred in administering the construction of the
project beyond the completion date specified or beyond an approved extension of time
granted to Contractor whichever is later.
These liquidated damages will not prohibit City from recovering ascertainable
actual damages incurred as a result of the same delay to which the liquidated damages
apply. Contractor may be liable for both liquidated damages as stated herein, and for
excess completion costs of this project. In the event Contractor has been either
terminated from or has abandoned the project prior to completion, this liquidated
damages clause is still applicable to hold Contractor liable for the liquidated damages.
20) Venue
City of Tatw:tac at,u Cootraots Divisloo
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
1 /j,rrrr:crrror,i
City of Tarrnarac ('urc:hasrruf and (.c)ntiautw Division
document executed by both the Contractor and the City.
25) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
1 i /crru c n; rat
City or 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
President/Owner duty authorized to execute same.
ATTEST:
CITY OF TAMARAC
Beth FIan sbaum-T abis , Mayor
Date
Jeffrey ill r, City Manager
rMAN
i! r bate
�r
Date
ATTEST:
r,
Signature of Corporate Secretary
X11fr-1E r d'
Type/Print Name ol Corporate Secy.
(CORPORATE SEAL)
Appro as to for and legal sufficiency:
, A40
City ttorney
.s114
Date
SPECIFIED ARCHITECTUAL. SYSTEMS, INC.
Company Name
Si ur of resi ent/Owner
Jon Thornton
President
ate
- ___.-_ ....._._. ...... -.
92 Agiec ment
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF jjC-,f-1Q—
:SS
L
COUNTY OF .X0'0U
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
Jon Thornton, President, of Specified Architectural Systems, 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 of ; , 20�
Signature of Notary Public
NOTE`, '•� i'UBLIC-STATE OF FLORIDA
State of Florida at Large
Michele L. Reed
Commission #DD690222
-° Expires: ,r �28, 20H --
BONDED TIIRU ATLANTIC BONDING Co., INC, Print, Type or Stamp
Name of Notary Public
F Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
DID NOT take an oath.
13 Agre�tt�E:r t
SpEamEDARCHITECTURAL SYSTEMS., INC.
9942 Currie Davis Drive, Ste. C - Tampa, FL 33619
(813) 915-6100 • Fax (813) 626-7623
www.specaresys.com • CGC1508102
COST PROPOSAL DATE: May 13, 2010
TO: City of Tamarac RE: Tamarac City Hall Complex
Public Works Department Tamarac, FL
6011 Nob Hill Road, 2"d Floor Kalwall Skyroof System
Tamarac, FL 33321-6206
Attention: Bill Lewis
We are pleased to submit the following revised proposal for the work associated with correcting the leak
issues of the Kalwall center -ridge skyroof located above 2" `' floor lobby:
DESCRIPTION:
Replacement of entire south side of center -ridge skyroof (approx. 2430 SF of material). This consists of
all new Kalwall panels, battens, ridge cap and flashings for this portion of the skyroof.
Notes: 1) New panel system to utilize existing structural support.
2) New Kalwall panel system to match specified requirements and design loads of existing
system and shall be in conformance with current Building Code requirements.
119 1_\S•I9T-'i&-_1
$39,350.00.
INCLUDED IN THIS PROPOSAL:
- Protection of surrounding roof materials during installation
- Removal and disposal of existing skyroof panels and battens
- New material delivered and installed
- Manufacturer's (1) year material warranty and Installer's standard 5-year weathertight warranty for the
area being replaced.
- Florida state sales tax
EXCLUDED IN THIS PROPOSAL:
- If required, replacement or repair of existing structure, perimeter curbs and or counter -flashing below our
the skyroof system being replaced
- Protective Safety materials for space below (i.e. safety netting)
- Removal and reinstallation of lightning protection
- Performance bond and Permits
- Any item not specifically noted herein
GENERAL NOTES:
1) This bid proposal is based on the dimensions from Kalwall's drawing #K03-1534.
2) The Kalwall system has Florida Product Approval for use in Broward County and meets the wind-
borne debris requirements of the Florida Building Code.
3) Pricing is subject to review after (30) days and upon final engineering and approval.
We appreciate the opportunity to submit this revised proposal and look forward to working with you on
this project.
Jon Thornton
Client#: 1897
i&J;J *d.1i-N
'AGORD. CERTIFICATE OF LIABILITY INSURANCE
p51,� 0DNYYYI
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Willis of Florida, Inc.
6771 Professional P W St-101
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Sarasota, FL 34240
941 554-3140
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: FCCI Insurance Co.
10178
Specified Architectural Systems Inc.
9942 Currie Davis Dr. Suite C
Tampa, FL 33619
INSURER B=
INSURER C:
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS_
INSR
LTR
ADD'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (INAMOfM
POLICY
DATE 110111 TKINMM
LIMITS
A
GENERAL LIABILITY
GL00021187
06/26109
OW6110
EACH OCCURRENCE
$1 000 000
MERCIAL GENERAL LIABILITY
PREMISES ( Ea ocavrenoel RENTED
DAMAGnXC—P"D
$100 000
CLAIMS MADE � OCCUR
MED EXP (My are person)
$5 000
PERSONAL & ADV INJURY
$1 000 000
Ded:500
GENERAL AGGREGATE
$2 000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$2 000 000
X LOC
POLICY JET
A
AUTOMOBILE LIABILITY
CA00073714
06/26109
06/26/10
COMBINED SINGLE LIMIT
(FA —went)
$1,000,000
X ANY AUTO
BODILY INJURY
$
ALL OWNED AUTOS
SCHEDULED AUTOS
(P- )
BODILY INJURY
$
X HIRED AUTOS
X NON -OWNED AUTOS
(per fir)
PROPERTY DAMAGE
$
(Peraoddelt)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
A
EXCESS/UMBRELLA LIABILITY
UMS00016147
06/26109
OW26110
EACH OCCURRENCE
$5 000 000
X1 OCCUR CLAIMS MADE
AGGREGATE
$5 00O 000
$
$
DEDUCTIBLE
$
X RETENTION $10000
A
WORKERS COMPENSATION AND
47917
01 /01110
01/01/11
x I JIM I 10rTR
EMPLOYERS' LIABILITY
El. EACH ACCIDENT
$1 000 000
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEE
$1,000 000
OFFICER/MEMBER EXCLUDED?
IF yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT
$1 000 000
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
10 Days notice of cancellation due to non-payment of premium
Project: Tamarac City Hall Complex
The certificate holder is named as additionally insured with regard to General Liability.
City of Tamarac
7525 N.W. 88th Ave.
Tamarac, FL 33321
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL All DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2001/08)1 of 2 #S301145/M289767 TSTEA Q ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
AGUKU Z5-5 (2001105) 2 of 2 #S301146/M289767