HomeMy WebLinkAboutCity of Tamarac Resolution R-2020-116 Temp. Reso 13522
November 10, 2020
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2020 — 1 / Co
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT
WITH SHENANDOAH GENERAL CONSTRUCTION
COMPANY FOR THE REPAIR AND SLIP LINING OF
STORMWATER PIPE AND OUTFALL LOCATED IN CANAL
ZONE 6, UTILIZING BROWARD COLLEGE CONTRACT NO.
RFP-2018-167-EH; AUTHORIZING AN EXPENDITURE OF
FUNDS FOR AN AMOUNT NOT MORE THAN $120,950.00
A CONTINGENCY OF $12,095.00 WILL BE ADDED TO THE
PROJECT FOR A TOTAL PROJECT BUDGET OF
$133,045.00; AUTHORIZING AN APPROPRIATION IN THE
AMOUNT NOT TO EXCEED $133,045.00 TO BE INCLUDED
IN A FUTURE BUDGET AMENDMENT PURSUANT TO F.S.
166.241(2); PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents a safe, operational
stormwater drainage system throughout the City; and
WHEREAS, the City of Tamarac has determined repairs are needed to stormwater
pipe and outfall located on Site 5 located within Canal Zone 6, including, but not limited
to, the removal of the existing outfall ends, heat fuse HDPE pipe, and install 63" OD HDPE
DR32.5 into existing failing 72" stormwater pipe, per the proposal attached hereto as
"Exhibit 1"; and
WHEREAS, the Storm Drain Cleaning, Repairs, and Maintenance Term Contract
Broward College Contract No. RFP-2018-167-EH, awarded to Shenandoah General
Construction Company ("Shenandoah"), is effective November 28, 2018 through
November 26, 2021, and is available for the City of Tamarac to utilize as a piggy-back
agreement, a copy of Contract No. RFP-2018-167-EH is incorporated herein by reference
Temp. Reso. 13522
November 10, 2020
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and is on file at the Office of the City Clerk; and
WHEREAS, the Public Services Department has determined that Shenandoah has
the experience and expertise to perform the proposed work, and the contract terms and
prices are advantageous to the City; and
WHEREAS, it is the recommendation of the Public Services Director, Financial
Services Director, and Purchasing and Contracts Manager that the City Commission of
the City of Tamarac approve an Agreement with Shenandoah for the proposed
Stormwater Repairs, utilizing Broward College Contract No. RFP-2018-167-EH, authorize
the appropriate City Officials to execute said Agreement, and authorize an expenditure in
an amount not to exceed $120,950.00 to Shenandoah for said work; 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 approve an Agreement with
Shenandoah for the proposed Stormwater Repairs, utilizing Broward College Contract
No. RFP-2018-167-EH, authorize the appropriate City Officials to execute said
Agreement; and, authorize an expenditure in an amount not to exceed $133,045.00,
which includes a contract cost of $120,950.00 and a contingency of $12,095.00, to
Shenandoah for said work, per the project proposal and Agreement attached hereto as
"Exhibit 1" and "Exhibit 2", respectively.
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
Temp. Reso. 13522
November 10, 2020
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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 with
Shenandoah General Construction Company ("the Agreement") for the proposed
stormwater repairs and slip lining project, utilizing Broward College Contract No. RFP-
2018-167-EH, and HEREBY authorizes the appropriate City Officials to execute the
Agreement, a copy of which is attached hereto as "Exhibit 2"
SECTION 3: An expenditure for a total project cost not exceed
$133,045.00, which includes the contract cost of $120,950 and a contingency of
$12,095.00, for said purpose is HEREBY approved.
SECTION 4: The proposed project is unanticipated and unfunded and will
require an appropriation in an amount not to exceed $133,045.00 that will be included in
a 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
Temp. Reso. 13522
November 10, 2020
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Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 10 day of NOV 1r3 - 2020.
//41,47- _____
MICHELL J. GOMEZ
MAYOR
ATTEST:
JENNIFER,JOHNSON
CITY CLERK RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON _RQT
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN -S
DIST 4: COMM. PLACKOC-&
I HEREBY CERTIFY that I have
approved this RESOLUTION as to form.
>i i'%xc
S UEL . GOR
CITY ATTORN
TR 13522 Exhibit 1
Page 1 of 1
N AH
1888 NW 22nd Street Pipe inspection&Restoration Specialist Pompano Beach,FL,33069
(954)975-0098 shenandoahus.com
DATE:August 07,2020 PROPOSAL#P18445
SUBMITTED TO:Tamarac,City of
STREET:Accounts Payable Division7525 NW
88th Ave
CITY,STATE&ZIP:Tamarac,FL 33321
PHONE:(954)597-3570
FAX:(954)597-3565
EMAIL:mike.cain@tamarac.org
JOB NAME:Canal Zone 6 Site 5 Slipline
ATTENTION:Mike Cain
We propose to furnish a crew and all necessary equipment to dive crew to cut existing outfall ends and remove from water.
Heat fuse HDPE pipe and Install 63"OD HDPE DR32.5 into existing failing 72"CMP.Divers to seal ends and install vent and fill
ports. Pump annular space with flow-fill.at the above mentioned job location.This work will be performed at our following hourly
and/or unit prices:
#20 Slip Lining 60"Pipe (at$370.00 Per L.F.) 200 L.F. $74,000.00
#96 Foreman (at$55.00 Per L.F.) 70 L.F. $3,850.00
#97 Equipment Operator (at$150.00 Per Hour) 40 hour(s) $6,000.00
#102 Crane (at$80.00 Per Hour) 10 hour(s) $800.00
#101 Dive Crew(cut ends and mud work) (at$450.00 Per Hour) 70 hour(s) $31,500.00
#104 Track Excavator 60' (at$60.00 Per Hour) 20 hour(s) $1,200.00
#105 Wheel Loader (at$40.00 Per Hour) 20 hour(s) $800.00
#98 Labor (at$35.00 Per Hour) 80 hour(s) $2,800.00
Estimated Total: $120,950.00
Units estimated and actual to be billed.Crane to be utilized to place pipe in water from parking lot at boat ramp.
Piggy-Back Broward College RFP-2018-167-EH
SIGNATURE:
SHENANDOAH GENERAL CONSTRUCTION CO. TITLE DATE
Anthony Guglielmi Estimator 08/07/2020
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SHENANDOAH GENERAL CONSTRUCTION, LLC
THIS AGREEMENT is entered into on i014Vid 04 7�, 20 etween the
City of Tamarac, a municipal corporation with principaa(( offices located at 7525 NW 88th Avenue,
Tamarac, Florida 33321 (City) and Shenandoah General Construction, LLC, a Florida Limited
Liability Corporation with principal offices located at 1888 NW 22nd Street, Pompano Beach, FL
33069 Contractor) for the purpose of providing Repair of the Canal Zone 6, Site 5 Slipline for the
City of Tamarac. The parties hereby agree to the following terms and conditions.
1. In return for valuable consideration in an amount not to exceed, One Hundred Twenty
Two Thousand One Hundred Fifty Dollars and No Cents ($122,150.00) Contractor shall
comply with the terms and conditions within the Broward College Agreement for Storm
Drain Cleaning, Repairs and Maintenance Contract#RFP-2018-167-EH attached hereto
as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A
are incorporated herein as if set forth in full, except as may be modified by Shenandoah
General Construction Company Proposal #P18445 dated October 6, 2020 specific to the
City of Tamarac as set forth in Exhibit B, attached hereto and incorporated herein as if
set forth in full. The work to be conducted under this Agreement shall be in accordance
with specifications and the scope of work as detailed in Exhibit B herein.
2. Upon execution of this Agreement, all references made to the Broward College
Contract #RFP-2018-167-EH in Exhibit A and to the Shenandoah General Construction
Company Proposal #P18445 dated October 6, 2020 Exhibit B shall be interpreted as
pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B
shall be deemed as having been implemented for use within the City of Tamarac. It is
understood that wherever the words "agency name" or "agency board name" appear,
they shall be read as "City of Tamarac" and "City of Tamarac Commissioners".
3. Time of Commencement, Substantial Completion & Liquidated Damages
3.1 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. Project substantial completion
shall be within Thirty (30) calendar days from issuance of City's Notice to
Proceed, subject to any permitted extensions of time under the Contract
Documents. Final completion, shall be Fifteen (15) calendar days from date of
substantial completion totaling, Forty-Five (45) calendar days. For the purposes
of this Agreement, completion shall mean the issuance of final payment.
3.2 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.
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3.3 Liquidated Damages: Project Substantial completion shall be as indicated in
Section 3.1 herein of this Agreement. 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 Five Hundred Dollars and No Cents ($500.00) for each calendar day
beyond the time imposed until such work is completed.
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
5. Contract Sum and Payments:
The Contract Sum for the above work is One Hundred Twenty Thousand Nine Hundred
Fifty Dollars and No Cents ($120,950.00). All payments shall be governed by the Local
Government Prompt Payment Act, F.S., Part VII, Chapter 218.
6. Insurance:
6.1 Insurance: In addition to the insurance requirements stated in Broward College
Contract #RFP-2018-167-EH, 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, and all other insurance as required by the City.
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. The following minimal insurance coverage
shall be provided:
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub-Contractor that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) days notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
b. Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
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Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. The City must be named as an additional insured for General Liability coverage
unless Owners and Contractors' Protective Coverage is also provided, or
required. Sixty (60) days written notice must be provided to the City via
Certified Mail in the event of cancellation.
f. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto" type policy. The City must be listed as an
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
g. In the event that sub-contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub-Contractors'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub-contractors.
h. Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
i. 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.
7. Indemnification:
7.1 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
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during the term of this Agreement, even though the claim may be made after the
termination hereof.
7.2 Upon completion of all services, obligations and duties provided for in this Agreement,
or in the event of termination of this Agreement for any reason, the terms and
conditions of this Article shall survive indefinitely.
7.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees (including appellate attorney's fees) and
costs.
7.4 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.
7.5 City reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
7.6 Nothing contained herein is intended nor shall it be construed to waive City's rights
and immunities under the common law or Florida Statute 768.28 as amended from
time to time.
8 Non-Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, or disability if qualified.
The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor and its subcontractors shall agree to post in
conspicuous places, available to its employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause.
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9 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.
10 Change Orders
10.1 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.
10.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract Price
or Time except as approved in writing by the City.
10.3 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.
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10.4 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.
10.5 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.
10.6 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.
10.7 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.
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 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
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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.
12 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.
13 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 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 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.
15 Termination:
15.1 Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor
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.
15.2 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
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continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
16 Public Records
16.1 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:
16.1.1 Keep and maintain public records required by the City in order to
perform the service;
16.1.2 Upon request from the City's custodian of public records, 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 a cost
that does not exceed the cost provided in this chapter or as otherwise
provided by law.
16.1.3 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 contract if the contractor does not transfer
the records to the City.
16.1.4 Upon completion of the contract, transfer, at no cost to the City, all
public records in possession of the Contractor, or keep and maintain
public records required by the City to perform the service. If the
Contractor transfers all public records to the City upon completion of
the contract, the Contractor shall destroy any duplicate public records
that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the 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.
16.2 During the term of the contract, the Contractor shall maintain all books, reports and
records in accordance with generally accepted accounting practices and standards
for records directly related to this contract. The form of all records and reports shall
be subject to the approval of the City's Auditor. The Contractor agrees to make
available to the City's Auditor, during normal business hours and in Broward, Dade
or Palm Beach Counties, all books of account, reports and records relating to this
contract.
17 Scrutinized Companies
By execution of this Agreement, in accordance with the requirements of F.S.
287.135 and F.S. 215.473, 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
8
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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. 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 and
seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended
from time to time.
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 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.
20 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.
21 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.
22 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
9
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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.
23 Notice:
Any notice, demand, communication, or request required or permitted hereunder shall be
in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or
ground courier services or by messenger service, addressed to the party for whom it is
intended at the following addresses.
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Shenandoah General Construction, LLC
1888 NW 22nd Street
Pompano Beach, FL 33069
ATTN: Daniel Dimura, Vice President
Telephone# (954) 975-0098
24 Public Records Custodian:
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
10
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 City Manager, and CONTRACTOR, signing by and through its Vice
President dully authorized to execute same.
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Je ifer Jo r sort,`L Date
ity Clerk
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ichael C. Cernech, City Manage
Date
Approv d s to form and legal sufficiency:
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ATTEST: .. Sheriand0h General Construction, LLC
Comp n' t e_
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Sign 1".. •" Corpor. - secretary Signature of Vice President
/ Daniel Dimura
Margaret Lary, Controller
Type/Print Name of Corporate Secy. Vice President
October 9, 2020
(CORPORATE SEAL) Date
11
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA :
:SS
COUNTY OF Broward
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 Daniel
Dimura, Vice President of Shenandoah General Construction, LLC, a Florida Limited Liability
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 9 day of October I20 20
TERRICARRICK-PI -CE
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MY COMMISSION#GG 982729 VSign. ure of Notary Public
"" EXPIRES:June 13,2024 State of Florida at Large
''F OF f ' Bonded lbru Notary Public Urdervnitets
Terri Pierce
Print, Type or Stamp
Name of Notary Public
® Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
12
Cypress Creek Administrative Center
ei-, COLLEGE 6400 N.W. 6th Way, Fort Lauderdale, FL 33309
Phone 954-201-7455/Fax 954-201-7330
www.broward.edu broward.edu/community/vendor
SUPERCEDES LETTTER DATED NOVEMBER 30,2018
October 8,2019
Ms. Margaret Lary,
Shenandoah General Construction Company
1888 NW 222nd St.
Pompano Beach, FL 33069 email:margaret.laryAshenandoahconstruction.com
Dear Ms. Lary:
This is to confirm that your response for Storm Drain Cleaning, Repairs and Maintenance (term contract), contract
RFP-2018-167-EH, has been approved by the College.
Pursuant to the terms and conditions of this solicitation, it is necessary that your company provides the College with a
Certificate of Insurance within ten (10)days of this notification. "The District Board of Trustees of Broward College, Florida"
shall be named as an additional insured under the General Liability policy. The address in the Certificate Holder box is to
read: "The District Board of Trustees of Broward College, Florida, Office of Risk Management, 6400 N.W. 6th Way, Fort
Lauderdale, FL 33309". Please include the solicitation number on the certificate.
i
We request that your firm register as a vendor with Broward College; this will allow us to issue purchase orders or make
payments against invoices to your company.To register, please use the following link to complete the process: .
http://www.broward.edu/community/vendor/Pages/default.aspx
The initial term of this contract is thirty-six(36) months from the date of this contract award. This contract includes three(3)
additional,one-year renewal options subject to the College's approval. The Procurement Services Office reserves the right to
issue each Option-to-Renew, in the best interest of the College. The initial term shall be:
F
CONTRACT PERIOD: November 27, 2018 through November 26,2021 h
If there are any questions, please feel free to contact Eileen Hunt, Procurement Contracting Officer, at(954) 201-5317.
.
Sincerely;
7
, ,,tt, ,,,,,tkti,t_
Z ida iollano, CPPB it
stri Director, Strategic Sourcing I,
Attachment:fully executed contract
cc: RFP-2018-167-EH File
Kenneth Klindt, Senior AVP, Facilities Management
Sean Devaney,AVP, Facilities Collegewide Maintenance
i
AN EQUAL ACCESS/EQUAL OPPORTUNITY INSTITUTION
I;
CBROWARD
COLLEGE
www.broward.edu
CONTRACT FOR SERVICES
TERMS AND CONDITIONS
This contract for services ("Contract") is entered into as of 2018 between
the District Board of Trustees of Broward College, Florida("College") and
Shenandoah General Construction Company ("Vendor")
(collectively,the"Parties"),will be in effect until 3 years after execution ("Contract").
1.INVOICES AND PAYMENTS.
A copy of all invoices (including an itemization of the date, hours expended, and description of the
deliverable) shall be sent to the attention of Sean Devaney, sdevaney(cbroward.edu
Invoices may be submitted via email, facsimile or U.S. mail. The time at which payment will be
due from the College will be approximately thirty(30)days from receipt of an undisputed invoice,
acceptance of deliverables,and upon satisfaction of the College conditions that are detailed herein.
2.INDEMNIFICATION.
For value received,the Vendor shall indemnify and hold the College, its officers, directors, board
of trustees, agents, assigns, and employees harmless from liabilities, damages, losses and costs,
including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence,
recklessness or intentionally wrongful conduct of the Vendor and other persons employed or utilized
by the Vendor in the performance of the Contract. The Vendor further acknowledges that it is solely
responsible for ensuring its compliance and the compliance of its subcontractors,suppliers,agents,
assigns, invitees and employees with the terms of this Contract. This paragraph shall survive the
expiration or termination of this Contract.
3. INDEMNIFICATION FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY
CLAIMS.
For value received,the Vendor shall indemnify and hold the College, its officers, directors, board
of trustees, agents, assigns, and employees harmless from liabilities, damages, losses and costs,
including, but not limited to reasonable attorneys' fees for any claim or lawsuit brought alleging
infringement of any intellectual property right based on any software, books, articles or any other
materials("Materials")used by Vendor in accordance with this Contract. Vendor warrants that the
materials are owned by or licensed to the Vendor. Vendor is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and
employees with the terms of this Contract. This paragraph shall survive the expiration or
termination of this Contract.
4.TERMINATION FOR DEFAULT.
A"material breach"of this Contract is defined as any substantial,unexcused non-performance by
failing to perform an act that is an important part of the transaction or performing an act
inconsistent with the terms and conditions of the Contract. If the Vendor materially fails to fulfill
its obligations under this Contract, the College will provide written notice of the deficiency by
forwarding a Cure Notice citing the specific nature of the material breach. The Vendor shall have
thirty(30)days to cure the breach. If the Vendor fails to cure the breach within the thirty(30)day
period, the College shall issue a Termination for Default Notice. The College may pursue
whatever legal and/or equitable remedies it chooses regarding Vendor's breach of contract.
5.TERMINATION FOR CONVENIENCE.
The College may terminate this Contract with or without cause at any time for convenience upon 30
calendar days'prior written notice to the Vendor. In the event of termination for convenience, the
College shall compensate the Vendor for all authorized and accepted deliverables and/or services
completed through the date of termination in accordance with the Statement of Work, which is
attached hereto and incorporated herein as Exhibit"A." The College shall be relieved of any and all
future obligations hereunder, including but not limited to lost profits and consequential damages,
under this Contract. The College may withhold all payments to the Vendor for such work until such
time as the College determines the exact amount due to the Vendor.
6.AUDIT.
The Vendor shall maintain all records, books and documents pertinent to the performance of this
Contract in accordance with generally accepted accounting principles consistently applied. The
College shall have inspection and audit rights to such records for a period of 3 years from final
payment under this Contract. Records relating to any legal disputes arising from performance
under this Contract shall be made available until final disposition of the legal dispute. If the audit
reveals that Vendor owes the College any funds,Vendor shall pay for the audit and return all funds
to the College immediately.
7.NONDISCRIMINATION.
The Vendor hereby assures that no person shall be excluded on the grounds of race,color,religion,
national origin, disability, age gender, marital status, sexual orientation or any other basis
prohibited by law from participation in, denied the benefits of, or otherwise be subjected to
discrimination in any activity hereunder. The Vendor shall take all measures necessary to
effectuate these assurances.
8.PUBLIC ENTITY CRIMES/SDN LIST.
The Vendor,by its execution of this Contract,acknowledges and attests that neither it,nor any of its
suppliers,subcontractors,affiliates or consultants who shall perform work which is intended to benefit
the College, is a State of Florida convicted vendor or is included on the State of Florida's
discriminatory vendor list. The Vendor further understands and accepts that this Contract shall be
either void or subject to immediate termination by the College, in the event there is any
misrepresentation or lack of compliance with the laws and the mandates of Section 287.133 or Section
287.134,respectively,Florida Statutes. The College,in the event of such termination,shall not incur
any liability to the Vendor for any work or materials furnished.
Page 2 of 10 Contract for Services SBL 1/26/2017
9.PUBLIC RECORDS/REQUEST FOR CONTRACTOR RECORDS.
The Vendor shall allow public access to all project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the Vendor assert any exemptions to the
requirements of Chapter 119 and related statutes,the burden of establishing such exemption,by way
of injunctive or other relief as provided by law, shall be upon the Vendor and Vendor shall bear all
costs and fees related to the same.
If the Vendor meets the definition of"contractor"under Section 119.0701,Florida Statutes,in addition
to other contract requirements provided by law, the Vendor must comply with public records laws,
and shall:
(a) Keep and maintain public records required by the College to perform the service.
(b) Upon request from the College,provide the College with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119,Florida Statutes,or as otherwise provided by law.
(c) 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 contract if the Vendor does not transfer the
records to the College.
(d) Upon completion of the Contract, transfer, at no cost, to the College all public records in
possession of the Vendor or keep and maintain public records required by the College to
perform the service. If the Vendor transfers all public records to the College upon completion
of the Contract, the Vendor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the Vendor keeps
and maintains public records upon completion of the contract, the Vendor shall meet all
applicable requirements for retaining public records. All records stored electronically must
be provided to the College,upon request from the College's custodian of public records,in a
format that is compatible with the information technology systems of the College
(e)IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES,TO THE VENDOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE COLLEGE AT (954) 201-7639,
LEGALSERVICES@BROWARD.EDU, OR 111 EAST LAS OLAS
BOULEVARD,#523,FORT LAUDERDALE,FL 33301.
IN ADDITION, THE VENDOR ACKNOWLEDGES THAT THE COLLEGE
CANNOT AND WILL NOT PROVIDE LEGAL ADVICE OR BUSINESS ADVICE
TO THE VENDOR WITH RESPECT TO ITS OBLIGATIONS PURSUANT TO
THIS SECTION RELATED TO PUBLIC RECORDS. THE VENDOR FURTHER
ACKNOWLEDGES THAT IT WILL NOT RELY ON THE COLLEGE OR ITS
COUNSEL TO PROVIDE SUCH BUSINESS OR LEGAL ADVICE, AND THAT
THE VENDOR IS HEREBY ADVISED TO SEEK BUSINESS/LEGAL ADVICE
WITH REGARD TO PUBLIC RECORDS MATTERS ADDRESSED BY THIS
CONTRACT. THE VENDOR ACKNOWLEDGES THAT ITS FAILURE TO
Page 3 of 10 Contract for Services SBL 1/26/2017
COMPLY WITH FLORIDA LAW AND THIS CONTRACT WITH RESPECT TO
PUBLIC RECORDS SHALL CONSITUTE A MATERIAL BREACH OF THIS
CONTRACT AND GROUNDS FOR TERMINATION PURSUANT TO
PARAGRAPH 4.
10.NO WAIVER OF SOVEREIGN IMMUNITY.
Nothing contained herein shall be construed or interpreted as:(1)denying to either party any remedy
or defense available to such party under the laws of the State of Florida or the United States;(2)the
consent of the State of Florida or their respective officers, employees, servants, agents, agencies, or
public bodies corporate to be sued; or(3)a waiver of sovereign immunity of the State of Florida or
the United States by any agency or political subdivision to which sovereign immunity may be
applicable or of any rights or limits to liability existing under Florida Statutes Section 768.28 or
beyond that provided by applicable law. This section shall survive the termination of all performance
or obligations under this Contract and shall be fully binding until such time as any proceeding brought
on account of this Contract is barred by any applicable statute of limitations.
11.COLLEGE'S TAX EXEMPTION.
The Vendor shall not utilize the College's tax exemption certificate number issued pursuant to Sales
and Use Tax Law, Chapter 212, Florida Statutes, when purchasing materials used to fulfill its
contractual obligations with the College. The Vendor shall be responsible and liable for the payment
of all applicable FICA/Social Security and other taxes resulting from this Contract.
12.ASSIGNMENT/GUARANTOR.
The Vendor shall not assign, delegate or otherwise transfer its rights and obligations as set forth in
this Contract without the prior written consent of the College. Any attempted assignment in violation
of this provision shall be null and void. The Vendor shall not pledge the College's credit or make the
College a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
form of indebtedness. Pledging the College's credit shall also be construed to include the use of
"factoring agents"or the practice of selling business accounts receivables to a third party at a discount
for the purpose of obtaining funding which is also expressly prohibited.
13.FORCE MAJEURE.
Notwithstanding any provisions of this Contract to the contrary,the Parties shall not be held liable for
any failure or delay in the performance of this Contract that arises from fires, floods, strikes,
embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of
government, riots, civil commotion, force majeure, act of God, or for any other cause of the same
character which is unavoidable through the exercise of due care and beyond the control of the Parties.
Failure to perform shall be excused during the continuance of such circumstances, but this Contract
shall otherwise remain in effect.
14.AMENDMENTS.
This Contract may be amended only when reduced to writing and signed by both Parties.
Page 4 of 10 Contract for Services SBL 1/26/201 7
15.ENTIRE AGREEMENT.
This Contract states the entire understanding and agreement between the Parties and no course or
prior dealing, usage of the trade or extrinsic or parol evidence shall be relevant to supplement,vary
or explain any term used with respect to this Contract. The acceptance or acquiescence of any course
of performance rendered under this Contract shall not be construed as a waiver nor shall it be relevant
to define or vary any term stated herein. This Contract shall inure to the benefit of and shall be binding
upon the Parties,their respective assigns and successors in interest.
16.COMPLIANCE.
The Vendor,its employees,subcontractors or assigns shall comply with all applicable federal,state
and local laws and regulations relating to the performance of the Contract.
17.APPLICABLE LAW/VENUE.
The laws of the State of Florida shall govern all aspects of the Contract. In the event it is necessary
for either Party to initiate legal action regarding the Contract, venue for all claims shall be in
Broward County, Florida.
18.VENDOR NOT TO LIMIT WARRANTY.
The Vendor shall not limit or exclude any express or implied warranties and any attempt to do so shall
render this Contract void,at the option of the College. The Vendor warrants that the services comply
with the deliverables in the Statement of Work,and are expressly fit for their particular purpose,and
are in accordance with industry standards.
19.TERMS/PROVISIONS.
Should any term or provision of this Contract be held, to any extent, invalid or unenforceable, as
against any person, entity or circumstance during the term hereof, by force of any statute, law, or
ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or
provision of this Contract, and the Contract shall remain operable,enforceable and in full force and
effect to the extent permitted by law.
20.STATEMENT OF SERVICES.
The Vendor shall, to the satisfaction of the College, fully and timely perform all work items
described in the Statement of Work. As part of the services to be provided by the Vendor under
this Contract,the Vendor shall substantiate,in whatever form reasonably requested by the College,
the methodology, lab analyses, scientific theories, data, reference materials and research notes to
formulate its opinions. This requirement shall survive the expiration or termination of this
Contract. The Parties agree that time is of the essence in the performance of each and every
obligation hereunder. It is the Vendor's responsibility to advise its employees or hired workers of the
nature of the project, as described in the Contract and the Statement of Work attached hereto. The
Vendor shall determine the method, details and means of performing the services, within the
parameters established by the Statement of Work. The College may provide additional guidance and
instructions to the Vendor's employees or hired workers where necessary or appropriate as determined
by the College. The Vendor agrees to abide by any and all additional guidance and instructions.
Page 5 of 10 Contract for Services SBL 1/26/2017
21.COMPENSATION/CONSIDERATION.
The total consideration for all work required by the College pursuant to the Contract shall not exceed
the amount indicated in the Statement of Work. Should the Vendor incur any travel expenses,payment
for such travel will be in accordance with Section 112.061,Florida Statutes. The Vendor shall supply
the College with receipts and supporting documentation for all reimbursable travel expenses. The
Vendor, by executing the Contract, certifies to truth-in-negotiation, specifically, that wage rates and
other factual unit costs supporting the consideration are accurate,complete and current at the time of
contracting. If the total consideration for this Contract is subject to multi-year funding allocations,
funding for each applicable fiscal year of this Contract will be subject to College Board of Trustees
budgetary appropriation. In the event the College does not approve funding for any subsequent fiscal
year, this Contract shall terminate upon expenditure of the current funding, notwithstanding other
provisions in this Contract to the contrary. The College will notify the Vendor of the termination in
writing.
22.INSURANCE.
The insurance requirements in terms of types of insurance and the amount of insurance will vary
depending on the Statement of Work.The College will determine the amounts and types of insurance
required,if any,for the work performed. The Vendor shall procure and maintain,through the term of
this Contract, insurance coverage required by the College, each with a limit of not less than
$3,000,000 in general liability insurance, $1,000,000 in automobile liability
insurance,$0 in professional liability insurance,and all Florida statutorily required
workers' compensation insurance. The coverage required shall extend to all employees and
subcontractors of the Vendor. The Vendor must provide a Certificate of Insurance completed in full,
indicating the producer, insured, carrier's name, and Best rating,policy numbers and effective and
expiration dates of each type of coverage required. The Certificate of Insurance shall be signed by
an authorized representative and shall identify the College as an additional insured as required.
No work is authorized until such time as the College has received a Certificate of Insurance in
compliance with the above requirements.
23. OWNERSHIP.
The College shall retain exclusive title, copyright and other proprietary rights in all work items,
including, but not limited to, all documents, technical reports, research notes, scientific data,
computer programs, including the source and object code, which are developed, created or
otherwise originated hereunder by the Vendor under this Contract. The Vendor shall grant to the
College a perpetual,non-transferable,exclusive right to use any proprietary software, if any. Any
equipment purchased by the Vendor with College funding shall be returned and title transferred
from the Vendor to the College upon expiration or termination of the Contract.
24. COMPLIANCE/LICENSES.
The Vendor,its employees,subcontractors or assigns,shall obtain, at its own expense,all licenses,
permits and other authorizations necessary to comply with all applicable federal, state and local
laws and regulations relating to the performance of the Contract. The Vendor is also responsible
for compliance with all labor and employment laws as well as all Federal, State, and local
discrimination laws. The Vendor is solely responsible for compliance with all labor and tax laws
pertaining to its officers, agents,and Vendor employees and shall indemnify and hold the College
harmless from any failure by Vendor to comply with such laws.
Page 6 of 10 Contract for Services SBL 1/26/2017
25.INDEPENDENT CONTRACTOR.
The Vendor shall be considered an independent contractor and nothing in this Contract shall be
interpreted to establish any relationship other than that of an independent contractor between the
Parties and their respective employees,agents, subcontractors or assigns,during or after the term of
the Contract. Both Parties are free to enter into contracts with other Parties for similar services. The
College assumes no duty with regard to the supervision of the Vendor and the Vendor shall remain
solely responsible for compliance with all safety requirements and for the safety of all persons and
property at the site of performance under the Contract. In the event the Vendor is a sole proprietor,
the Vendor is responsible for submitting legally required tax returns to the Federal Government.
26.DISPUTES.
In the event a dispute arises which the Vendor and the College cannot resolve between themselves,
the Parties shall have the option to submit to nonbinding mediation. The mediator or mediators shall
be impartial, shall be selected by the Parties and the cost of the mediation shall be borne equally by
the Parties. The mediation process shall be confidential to the extent permitted by law. Mediation
shall not occur unless both Parties agree in writing.
27.IMMIGRATION.
The Vendor shall be responsible for verifying employee authorization to work in the U.S.and make
a good faith effort to properly identify employees by timely reviewing and completing appropriate
documentation, including but not limited to, USCIS Form I-9. Written verification shall be kept by
the Vendor and made available for inspection on demand by the College. The hourly rate of pay for
each employee shall comply with State law and industry standards for similar work performed under
the Contract.The Vendor shall maintain records verifying the rate of pay for each employee working
on this Contract and make such records available for inspection on demand by the College. Failure
to comply with these provisions shall be a material breach of the Contract and cause for termination
of the Vendor.
28. CHANGE IN PERSONNEL.
The College may at any time and at its sole discretion request that the Vendor replace any Vendor
personnel provided by the Vendor to work on this Contract if the College believes that it is in the best
interest of the College to do so. The College may, but will not be required to, provide a reason for
requesting the replacement of personnel. Such change in personnel shall be made immediately upon
the College's written request for a change of personnel. The Vendor shall place the above language
in any contract that it has with subcontractors. The Vendor will enforce the replacement of
subcontractor personnel upon a request by the College.
29. BACKGROUND CHECKS.
This clause applies to long term Vendors working on site,including,but not limited to,Childcare
services. Janitorial Services, Food Services and Security. Vendor shall conduct thorough
background checks for all of the Vendor's employees or hired workers who will be working on
any College site. The background checks shall consist of education verification, a national
criminal check for state and federal felonies and misdemeanors,and a check on immigration status
in accordance with the above provision titled "IMMIGRATION." After reviewing the results of
the background check, the Vendor shall determine whether the Vendor's employee and/or hired
worker meets the necessary criteria for the position sought to be filled by the College. The College
Page 7 of 10 Contract for Services SBL 1/26/2017
will rely on the Vendor's assessment of its employees' or hired workers' suitability to be hired for
the position(s)sought to be filled by the College,based on the background check conducted by the
Vendor. Prior to allowing any employees or hired workers to work on-site at College facilities,
the Vendor will provide written verification to the College that a complete background check, as
described above, was conducted for any such employee or hired worker. The Vendor will place
the above language in any contract that it has with its subcontractors and is responsible for
enforcement of this provision.
Vendor who has long term onsite workers performing work at College facilities agrees to be
bound by the College policies and standards of conduct listed in the "Contractor Policy Code
Acknowledgement Form,"which is attached hereto and incorporated herein as Exhibit"B."
30. MARKETING.
Vendor may use the College's name in marketing materials for the purpose of publicizing contract
awards; however, Vendor is prohibited from obtaining affirmations from College staff regarding
its products or services. Affirmations include any kind of testimonials or endorsements of the
Vendor as well as the products and/or services offered by the Vendor. The College, as a
government entity, must fairly and equitably compete for goods and services, and therefore the
endorsement of any particular firm, product, or service is strictly prohibited. Vendor is strictly
prohibited from releasing any statements to the media regarding work performed under this
Contract without the review,and the express prior written approval of the College. The College's
approval is at its sole discretion;however,such approval will not be unreasonably withheld.
31. EMPLOYMENT BENEFITS.
Vendor expressly understands and agrees that Vendor, its officers, agents,and employees,are not
entitled to any employment benefits from the College.
32. STOP WORK ORDER.
The College may order that all or part of the work stop if circumstances dictate that this action is in
the College's best interest. Such circumstances may include, but are not limited to, unexpected
technical developments,direction given by the College's Board of Trustees,a condition of immediate
danger to the College,the Vendor or the public,or the possibility of damage to equipment or property.
This provision shall not shift responsibility for loss or damage,including but not limited to,lost profits
or consequential damages sustained as a result of such delay,from the Vendor to the College. If this
provision is invoked,the College shall notify the Vendor in writing to stop work as of a certain date
and specify the reasons for the action,which shall not be arbitrary or capricious. The Vendor shall
then be obligated to suspend all work efforts as of the effective date of the notice and until further
written direction from the College is received. If deemed appropriate by the College and in the event
work is resumed, the College may amend this Contract to reflect any changes to the Statement of
Work and/or the project schedule.
Page 8 of 10 Contract for Services SBL 1/26/2017
MEW
33. ADDITIONAL TERMS AND CONDITIONS.
Parties shall initial here if there are any additional terms and conditions and they are contained in
Exhibit"C."
College Vendor
FOR VENDOR USE ONLY
Vendor Name (type) Shenandoah General Const. Co. Tax ID No. 59-1707673
Authorized Vice President
Representative Daniel DiMura Title
1888 NW 22 Street,Pompano
Beach, FL 33069 954-975-0098
Address Telephone
Signature of Vendor Date it p,j,
Attested By Name (type) �e,rL,y�����_ �:,.� Title /h(?c2
Signature of Attester Lpate Signed /I/c5z&//
Page 9 of 10 Contract for Services SBL 1/26/2017
•
FOR COLLEGE USE ONLY
Contract Originator Name Title
Signature Date
AVP/Dean Name Title
Signature Date
Campus President/VP Name Title
Signature Date
Senior Vice President Thomas w. olliff Title svP, Administrative services
p—DocuSigned by:
Signature aS 0J. miff Date 11/27/2018
"—A1267F44E088457...
IF REQUIRED
College President Name
Signature Date
Approved as to Form and Legality
Signature Date
Board Chairperson Name
Signature Date
Page 10 of 10 Contract for Services SBL 1/26/2017
BROWARff
C COLLEGE
Contract for Services
Statement of Work
Exhibit"A"
CONTRACT TERM AND RENEWALS: The contract commences on the date of the last
executed signature and continues for a period of three (3)years. The term of the contract may,by
mutual agreement between College and the Vendor,upon final College approval,be renewed for
three (3) additional one-year periods, and if needed, extended for 90 days beyond the expiration
date of the final renewal period. Procurement Services Department will, if considering renewal,
request a letter of intent to renew from each Vendor. The Vendor will be notified when the
recommendation has been acted upon by the College. All prices submitted shall be firm for the
term of the contract unless agreed to otherwise in writing.
This contract includes the terms and conditions and provisions of RFP-2018-167-EH and the
Vendors response. In the event of a conflict between the documents, the order of priority shall be
as follows:
1) Contract
2) Amendments to the RFP, if any, with the latest taking precedence and
chronologically thereafter
3) RTQ
4) Amendments to the Vendor response/proposal, if any, with the latest taking
precedence and chronologically thereafter
5) Vendor response/proposal
SCOPE
Vendor(s)shall provide Storm Drain Cleaning,Repairs and Maintenance at college-wide locations
as identified and described by the Facilities Department. The Vendor shall provide the services on
an as-needed and project-by-project basis, based on the needs of the College, which will be
described in subsequent Purchase Order(s)to be issued.
LICENSE(S)
The Proposer will be responsible for obtaining and paying for all necessary licenses and permits,
and providing copies to College representative. Proposer will maintain all appropriate licenses
and permits specified by Broward County and any appropriate agency of State of Florida,and shall
provide copies of these licenses and/or permits to College upon request. Failure to maintain
required licenses and permits shall be cause for termination.
FLORIDA STATE: CERTIFIED GENERAL CONTRACTOR;
BROWARD
C COLLEGE
OR
CERTIFIED PLUMBING CONTRACTOR;
OR
CERTIFIED UNDEGROUND UTILITY AND EXCAVATION CONTRACTOR;
OR
BROWARD COUNTY:
CERTIFIED BUILDING CONTRACTOR CLASS "A";
(MUST BE REGISTERED WITH THE STATE OF FLORIDA)
OR
CENTRAL MASTER PLUMBER;
(MUST BE REGISTERED WITH THE STATE OF FLORIDA)
OR
GENERAL ENGINEERED CONSTRUCTION BUILDER;
OR
PRIMARY PIPELINES (WATER, SEWER, DRAINAGE)-CLASS "A"
Any work performed not within the scope of the above contract must be performed by a licensed
subcontractor.
PERMITS/FEES
College will pay permit fees directly to its Consultant(s); Storm Drain Vendor is not required to
pay permit fees.
Other than permit fees,the Vendor shall be responsible for obtaining and paying fees. Payment for
fees shall be reimbursed to the Vendor utilizing"pass-thru". Such fees include,but are not limited
to,fees and dumping fees for all line items. A copy of the dumping fees receipt shall be submitted
with the Vendor's invoice for payment. The College will not pay for illegal or improper disposal
of debris/waste.Vendor will invoice the College for reimbursement.No mark-up shall be allowed.
DEBRIS,WASTE AND CHEMICALS
*BROWARD"
C COLLEGE
Vendor(s) shall be responsible for the prompt removal of all debris,which is a result of services.
Vendor(s) shall apply and dispose of all chemicals and waste in a manner that complies with all
local, state and federal laws and regulations
SUBCONTRACTORS
Due to environmental and liability concerns, no subcontracting will be allowed.
TRAFFIC CONTROL
Vendor(s) shall be responsible for training and compliance with all OSHA standards pertaining to
confined space entry and D.O.T. regulations for traffic control. BC's representative reserves the
right to shut down any job site for unsafe conditions.
RESPONSE TIME
Schedule for routine maintenance shall be coordinated with the College.
All regular maintenance shall be performed during the College's normal working hours(7:00 A.M.
to 4:00 P.M., Monday through Friday)unless otherwise authorized by the College.
Work may be performed at hours other than normal business hours at the direction and discretion
of the College's Facilities Management Department Site Representative. Arrangements must be
approved in advance.
The Vendor shall stand ready and be available to perform overtime work when requested to do so
by the owner.
Due to the nature of the College's operational needs, Vendor understands and agrees that it may
be necessary to perform certain service or repairs during non-normal work hours, including
weekends and holidays. All work times shall be coordinated with the College.
If College requests an Emergency Mobilization and provides a verbal scope to the Vendor, the
Vendor shall have six(6)hours to set up at the site of the emergency and begin work. The Vendor
must submit an estimate to the College within 24 hours of the day of emergency mobilization.
Vendor(s) shall provide a contact person to ensure twenty-four hours response.
BROWARD V
C COLLEGE
EMERGENCY CALL-OUT
Emergency call-out is responding on short notice to perform any of the sevices listed in this RFP.
This may be required outside of normal working hours such as after 4:00 p.m. or on weekends or
holidays. Emergency call out response time will be two (2) hours after initial contact with
Vendor(s). Vendor(s) should submit and maintain a valid emergency list consisting of no less than
three(3) local contact numbers for no less than three(3)company representatives to be submitted
with the bid or upon request.
PROTECTION OF EXISTING FACILITIES
The Vendor shall take all necessary precautions during the period of the service to protect existing
facilities from damage by workmen and shall repair or replace, at its; own expense, any damage
to property caused by their employees or suppliers.
CLEANING UP
The Vendor at all times shall keep the premises free from accumulation of waste materials and
rubbish caused by their operations and from leaks and spillage from equipment. Upon completion
of the work,he shall remove all their waste materials and rubbish from and about the installation,
as well as all their tools, equipment, machinery, and surplus materials, and shall clean all building
surfaces and leave the work area clean.
CONDITIONS FOR EMERGENCY/HURRICANE OR DISASTER(FORCE MAJEURE)
Proposer shall provide first-priority services to the College in the event of a hurricane, flood or
other natural disaster. It is hereby made a part of this RFP that before, during and after a public
emergency, disaster, hurricane, flood or other force majeure that College shall require a "first
priority" basis for goods and services. It is vital and imperative that the majority of citizens are
protected from any emergency situation which threatens public safety and health, as determined
by the Associate Vice President for Business Services & Resource Management. Vendor agrees
to rent/sell/lease all goods and services to the College or other governmental entities, as opposed
to a private citizen or corporation, on a first priority basis. College expects to pay a fair and
reasonable price for all products/services in the event of a disaster,emergency or hurricane.Vendor
shall furnish a twenty-four(24)hour telephone number in the event of such an emergency.
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