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City of Tamarac Resolution R-2020-077
Temp. Reso. #13474 September 9, 2020 • Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2020- <; %7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NUMBER 20-14B AND APPROVING AN AGREEMENT WITH SOUTHERN UNDERGROUND INDUSTRIES, INC. FOR THE CONSTRUCTION OF THE WATER TREATMENT PLANT FINISHED WATER METER UPGRADE PROJECT IN THE AMOUNT OF $432,010.00, A CONTINGENCY OF$43,201.00 (10%) WILL BE ADDED TO THE ACCOUNT FOR A PROJECT TOTAL OF $475,211.00; AUTHORIZING AN ADDITIONAL APPROPRIATION IN THE AMOUNT NOT TO EXCEED $350,211.00 TO BE INCLUDED IN A FUTURE BUDGET AMENDMENT PURSUANT TO F.S. 166.241(2); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains the water supply, treatment, and distribution systems; and WHEREAS, "finished water" is a term given to the water after it goes through all the required treatment processes and is ready for consumption; and WHEREAS, the finished water is routed through a meter, where it is measured for accounting purposes, prior to entering the distribution system; and WHEREAS, the existing finished water meter has lost its accuracy and is currently approaching the end of its useful life and is due to be replaced and upgraded; and WHEREAS, this project will provide for the construction and installation of a new • Mag Flow Meter which is more advanced and possesses greater accuracy than the existing Temp. Reso. #13474 September 9, 2020 Page 2 of 5 • meter; and WHEREAS, on July 5, 2020, the City of Tamarac published Invitation to Bid No. 20- 14B for the construction and installation of the Water Treatment Plant Finished Water Meter Upgrade, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on August 20, 2020, four(4) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, a tabulation of bids showing all bids for Bid No. 20-14B is included herein as "Exhibit 1", incorporated herein and made a specific part of this resolution; and WHEREAS, staff determined the lowest responsive and responsible bidder to be Southern Underground Industries, Inc.; and • WHEREAS, Southern Underground Industries, Inc. possesses the required knowledge and experience for the construction and installation of the WTP Master Water Meter and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 20-14B; and WHEREAS, it is the recommendation of the Director of Public Services, Financial Services Director, and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 20-14B to and execute the Agreement with Southern Underground Industries, Inc., for the construction and installation of the WTP Finished Water Meter, located at 7803 NW 61st Street, Tamarac, Florida, which is hereto attached as "Exhibit 2"; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in • Temp. Reso. #13474 September 9, 2020 • Page 3 of 5 the best interest of the citizens and residents of the City of Tamarac to award Bid No. 20- 14B to and execute the agreement with Southern Underground Industries, Inc., for the construction and installation of the WTP Master Water Meter for a contract cost of $432,010.00, a contingency of$43,201.00 will be added to the account for a project total of $475,211.00 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 1111 upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The City Commission HEREBY awards Bid No. 20-14B to Southern Underground Industries, Inc., and approves the agreement between the City of Tamarac and Southern Underground Industries, Inc., ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, hereto attached as Exhibit 2, to provide for the construction and installation of the Water Treatment Plant Finished Water Meter, in accordance with Bid Number 20-14B. SECTION 3: An expenditure in an amount not-to-exceed a contract cost of $432,010.00, a contingency of$43,201.00 will be added to the account for a project total of $475,211.00, for said purpose, is hereby approved, Temp. Reso. #13474 September 9, 2020 Page 4 of 5 4111 SECTION 4: Funding for said project is included in the FY 2020 Adopted Budget; and, there is a current available appropriation in Project Number UT20F in the amount of$125,000.00; and will require an additional appropriation of$350,211.00 that will be included in a future Budget Amendment pursuant to F.S. 166.241(2). SECTION 5: The City Manager, or his designee, is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6- 147 of the City Code, and close the contract award, which includes, but is not limited to making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions, and pricing of the agreement. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. "The remainder of this page is left blank intentionally" Temp. Reso. #13474 September 9, 2020 • Page 5 of 5 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this7±-_' day of 7`z.A.L4c.- ;2020. r MICHELLE J. GOMEZ Y MAYOR ATTEST: J IFE ' O ON, CMC CITY CLERK • RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: V./M. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN G DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM Prd 19/2: SAMUEL S. GO CITY ATTORNEY • No Text TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TAMARAC AND SOUTHERN UNDERGROUND INDUSTRIES, INC. THIS AGREEMENT is made and entered into this C� day of -�-- , 2012C' 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 Southern Underground Industries, Inc. a Florida corporation with principal offices located at 1454 SW 13th Court Pompano Beach, FL 33069 (the "Contractor") to provide services to complete WTP Finished Water Meter. 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. 20-14B for "WTP Finished Water Meter", issued by the City of Tamarac on July 2, 2020 including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions, Instructions to Bidder's), drawings and/or schematic plans, Technical Specifications, all addenda, the Contractor's Bid response dated August 20, 2020, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid 20-14B for"WTP Finished Water Meter" as issued by City, and the contractor's bid response; Bid 20-14B for"WTP Finished Water Meter" as issued by City shall take precedence over the contractor's bid response. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2. THE WORK 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents including all Addendums, Exhibits, Attachments and Appendices. 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. 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. 20-10B-Citywide HVAC Replacement 1 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 and Eckler Engineering, Inc. as additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: • General Liability- $1 M/$2M • Automobile—$1 M/$1 M • Workers Comp— Statutory • Contractors pollution liability - $1 M/$2M 4. PERFORMANCE, PAYMENT AND WARRANTY BONDS 4.1 Within fifteen (15) calendar days after contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five(5)years.The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. 4.2 The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of one hundred 100%of the bid award amount as security for the faithful project performance and payment of all the Contractor's obligations under the contract documents, per City Code Section 10-156. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. At the completion and formal approval and acceptance of all work associated with the project, a one-year warranty period will begin. If the surety on any bond furnished by the 20-10B-Citywide HVAC Replacement 2 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 4.3 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Contractor correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials 4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public records of Broward County at the Bidder's expense. Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City 5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 5.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10)days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within One Hundred and Eighty (180) Calendar days for Final Completion from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work under this agreement shall be substantially complete (i.e. Substantial Completion)within One Hundred and Fifty (150) calendar days from issuance of City's Notice to Proceed. 5.2 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. 6. CONTRACT SUM The Contract Sum for the above work is a "not to exceed" total of: Four Hundred Thirty-Two Thousand Ten Dollars and Zero Cents ($432,010.00). 7. 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 fifty percent (50%) of the project is complete. Retainage will be reduced to five percent (5%) thereafter, upon City review and approval. 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 for final payment and provide a written request to the City to commence the one (1) year warranty period, from 20-10B-Citywide HVAC Replacement 3 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division the date of City approval of Final Payment. 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. 8. REMEDIES 8.1 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. 8.2 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. 9. CHANGE ORDERS 9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five percent (5%) and five percent (5%) respectively. 9.2 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. 9.3 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. 9.4 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. 9.5 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. 9.6 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 20-10B-Citywide HVAC Replacement 4 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division delays unless Contractor has given the notice and the supporting data required by this Paragraph. 9.7 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. 9.8 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, 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 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. 10. LIQUIDATED DAMAGES Project Substantial completion shall be within One Hundred and Fifty(150)calendar days from Contractor's receipt of City's Notice to Proceed. Final Completion shall be One Hundred and Eighty (180) calendar days from date of City's Notice to Proceed. All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in meeting these time limits are difficult or impossible to ascertain. Therefore,the parties hereby agree that in the event that the Contractor fails to meet the time limits, as may be extended by the City in accordance with the terms of the Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed against Contractor in the amount of One Thousand Dollars Dollars and Zero Cents ($1,000.00) for each calendar day beyond the time imposed until such work is completed. 11. 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 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 20-10B-Citywide HVAC Replacement 5 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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. 12. WAIVER OF LIENS Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors 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 form all claims of liability by Contractor in connection with the agreement. 13. WARRANTY Contractor warrants the work against defect for a period of one (11 year from the date of City approval 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 the 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. 14. INDEMNIFICATION 14.1 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. 14.2 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 15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 15.1 During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, genetic information or disability if qualified. 20-10B-Citywide HVAC Replacement 6 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 15.2 The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 16. 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. 17. 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. 18. 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 20-10B-Citywide HVAC Replacement 7 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CONTRACTOR Name: Southern Underground Industries, Inc. Address: 1454 SW 13th Court Pompano Beach, FL 33069 FIN/EIN: 26-2521235 Contract Licensee: CGC1511806 Contact:Lisa Valencia Email: LISAV(a�SOUTHERNUI.COM Phone: 305-216-0370 Fax: 305-216-0370 19. TERMINATION 19.1 Termination for Convenience: This Agreement may be terminated by City for convenience, upon seven (7) days of written notice by terminating party to the other party for such termination in which event Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify city against loss pertaining to this termination. 19.2 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. 20. 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. 21. 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. 22. 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. 23. 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 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 enforceability of that provision or of the remainder of this Agreement. 24. UNCONTROLLABLE CIRCUMSTANCES 24.1 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 20-10B-Citywide HVAC Replacement 8 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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, such as delays in permitting due to outside agencies, which are beyond the Contractor's control. 24.2 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. 25. 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. 26. 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. 27. CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the 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 the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 28. SCRUTINIZED COMPANIES - 287.135 AND 215.473 28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 28.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract 20-10B-Citywide HVAC Replacement 9 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 29. PUBLIC RECORDS 29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 29.1.1 Keep and maintain public records required by the CITY in order to perform the service; 29.1.2 Upon request from the CITY, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at no cost to the CITY. 29.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement and any renewals thereof if CONTRACTOR does not transfer the records to the CITY. 29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public records in possession of CONTRACTOR, or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records in a format that is compatible with the information technology systems of the CITY. 29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. 30. CUSTODIAN OF RECORDS IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 20-10B-Citywide HVAC Replacement 10 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. CITY OF TAMARAC Michelle J. Gomez, Mayor klIVA I I II I I I ATTEST: Michael C. Cernech, City Manager ef •�C ` `'� Je nif r Jo •nson, Date ity lerk - =L ` 1 c) .O Appro e as to form nd legal sufficiency: Dat i City orney Veih `1J Date ATTEST: SOUTHERN UNDERGROUND INDUSTRIES, INC. Company Name ignatur f-C—cfrporate Secretary ignature of President 1)- S r C�,-��e T-�c9 r� Belseri Comerford Type/Print Name of Corporate Secy. Type/Print Name of President (CORPORA Jc\;.;A .rod Date • Off.. o ; S c/a/ Q- (9X1YCI 20-10B-Citywide HVAC Replacement 11 Agreement TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF Fhr i<Q2 : :SS COUNTY OF r?>(D J a_.rzf : 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 Belseri Comerford the President of Southern Underground Industries, 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 r-4-1-c A, (# 20a___, --cZ --6.7.-V--(62..., Signature of Notary Public 00 NitNotary Public State of Florida State of Florida at Large :.7 P Valencia ( V4 ,�� � My My Commission GG 116590 a'� }- ���( , +1.o,„e Expires 06/19/2021 Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification OA- Type of I.D. Produced ❑ DID take an oath, or '® DID NOT take an oath. 20-10B-Citywide HVAC Replacement 12 Agreement ___—......41 SOUTUND-04 RRODRIGUEZ '4�R� CERTIFICATE OF LIABILITY INSURANCE DAT/29/202E 0YY) 5/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M C NTACT N E: Collinsworth,Alter,Fowler&French,LLC PHONE FAX No):(305 362-2443 8000 Governors Square Blvd (A/C,No,Ext):(305)822-7800 I ) Suite 301 E-MAIL ADDRESS: Miami Lakes,FL 33016 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Everest National Insurance Co 10120 INSURED INSURER B:Liberty Insurance Corp. 42404 Southern Underground Industries,Inc. INSURER C:North River Insurance Company 21105 1454 SW 13th Court INSURER D:Liberty Mutual Fire Insurance Company 23035 Pompano Beach,FL 33069 INSURER E:Federal Insurance Company 20281 INSURER F:Westchester Surplus Lines Ins 10172 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSQ WVDIMM/DD/Yl'YY) IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE X OCCUR X x CF3GL00104201 6/1/2020 6/1/2021 E TO RENTED PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 78i LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER:Capped at$5,000,000 $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO AS7Z91471781020 6/1/2020 6/1/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSONLY AUTOS BODILY INJURY(Per accident) $ R p X AUTOS ONLY X AUUTOS ONLYY (Per accdent)AMAGE $ $ C UMBRELLA LIAB X OCCUR 4,000,000 EACH OCCURRENCE $ X EXCESS LIAB CLAIMS-MADE 5821122366 6/1/2020 6/1/2021 AGGREGATE $ DED RETENTION$ Aggregate $ 4,000,000 D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N x WC2Z91471781010 6/1/2020 6/1/2021 1,000,000 OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Equipment Floater 45468572 6/1/2020 6/1/2021 Leased&Rented 500,000 F Pollution Liability G71528406002 6/1/2020 6/1/2021 Each Incident/Agg 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Tamarac is included as additional insured with respect to general liability when required by written contract. Waiver of subrogation applies in favor of the additional insured with respect to general liability and workers comp when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tamarac THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7525 NW 88th Avenue Tamarac,FL 33321 AUTHORIZED�ED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD