HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-092Temp. Reso. #13157
August 22, 2018
Page 1
CITY OF TAMARAC, FLORIDA
j
RESOLUTION NO. R-2018 `vim
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 18-22B TO
AND APPROVING AN AGREEMENT WITH GREEN
CONSTRUCTION TECHNOLOGIES, INC. FOR THE
COMMERCIAL BOULEVARD LANDSCAPING
BEAUTIFICATION PROJECT, LOCATED ON
COMMERCIAL BOULEVARD (SR-870) BETWEEN
UNIVERSITY DRIVE (SR-817) AND PROSPECT ROAD, IN
ACCORDANCE WITH BID NO. 18-22B FOR A CONTRACT
AMOUNT OF $391,602.25; A CONTINGENCY IN THE
AMOUNT OF $19,580.11 (5%) WILL BE ADDED TO THE
PROJECT ACCOUNT FOR A TOTAL PROJECT
CONSTRUCTION/INSTALLATION BUDGET OF
$411,182.36, AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING AN
APPROPRIATION IN AN AMOUNT NOT TO EXCEED
$183,310.36; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ADMINISTER THE CONTRACT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, In December 2013, the City of Tamarac completed a Corridor Study;
and among the recommendations, the Study suggested the City gateway entrance
located on Commercial Boulevard, travelling west from the Florida Turnpike to University
Drive, has great opportunities for streetscape enhancements; and
WHEREAS, as Commercial Boulevard is a state road (SR-870) the City of
Tamarac was eligible for state grant funds to beautify Commercial Boulevard within City
limits; and
WHEREAS, City staff received authorization via Resolution R-2015-86 and applied
Temp. Reso. #13157
August 22, 2018
Page 2
for the Highway Beautification Council (HBC) funds for landscape enhancements on
Commercial Boulevard through the Florida Department of Transportation (FDOT),
Resolution Number R-2015-86 is incorporated herein by reference and is on file in the
office of the City Clerk; and
WHEREAS, via Resolution R-2018-42, City staff were authorized to accept the
HBC grant funds in an amount not to exceed $100,000.00, Resolution Number R-2018-
42 is incorporated herein by reference and is on file in the office of the City Clerk; and
WHEREAS, the City published Invitation to Bid No.18-2213 for the Commercial
Boulevard Beautification Project, a copy of the Bid No. 18-22B is incorporated herein by
reference and on file in the office of the City Clerk; and
WHEREAS, on June 26, 2018 the City of Tamarac received four (4) proposals for
the Commercial Boulevard Beautification Project, with Green Construction Technologies,
Inc., being the lowest responsive responsible bidder, a bid tabulation attached hereto as
"Exhibit 1 ", incorporated herein and made a specific part of this resolution; and
WHEREAS, Green Construction Technologies Inc., possesses the required
knowledge and experience for the construction of the proposed project and has agreed
to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No.
18-2213; 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 be authorized to award Bid No. 18-22B and execute the agreement with Green
Construction Technologies Inc., for the Commercial Boulevard Beautification Project,
Temp. Reso. #13157
August 22, 2018
Page 3
attached hereto as "Exhibit 2", incorporated herein and made a specific part of this
resolution; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City of Tamarac to award Bid No. 18-22B and
execute the agreement for Commercial Boulevard Beautification Project with Green
Construction Technologies Inc., for a contract amount $391,602.25; a contingency in the
amount of $19,580.11 (5%) will be added to the Project Account for a total project
construction/installation budget of $411,182.36.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2: The City Commission hereby awards Bid No. 18-22B to and
approves an Agreement between the City of Tamarac and Green Construction
Technologies, Inc., ("the Agreement") and the appropriate City Officials are hereby
authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the
Commercial Boulevard Beautification located on Commercial Boulevard (SR-870)
between University Drive (SR-817) and Prospect Road, in accordance with Bid No. 18-
22B.
Temp. Reso. #13157
August 22, 2018
Page 4
SECTION 3: An expenditure for a contract amount of $391,602.25-1 a
contingency in the amount of $19,580.11 (5%) will be added to the Project Account for a
total project construction/installation budget of $411,182.36 is hereby approved.
SECTION 4: An appropriation in an amount not to exceed $183,310.36 is
hereby authorized and will be included in a budget amendment prior to November 30,
2018, pursuant to Florida Statute 166.241(2).
SECTION 5: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City Code,
and close the contract award including, but not limited to making final payment within the
terms and conditions of the contract and within the contract price.
SECTION 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 intentionally left blank."
E
C
n
SECTION 8:
passage and adoption.
Temp. Reso. #13157
August 22, 2018
Page 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this )r- day of Ot'64dt2018.
HAR Y D ESSLER, MAYOR
ATTEST:
PATRICIA TE
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
A UEL S. GOREN
CITY ATTORNEY
1
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: V/M GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
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CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Eucellence... Always"
Tamarac, FL 33321 ' ► https:/Itamarac.bideandtenders.org
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of _, 2Q/by and
between the City of Tamarac, a municipal corporation with principal gifices located at 7525 N.W.
88th Ave., Tamarac, FL 33321 (the "CITY") and GREEN CONSTRUCTION TECHNOLOGIES
INC. a Florida corporation with principal offices located at 2130 NE 15TH TERRACE WILTON
MANORS, FL 33305 (the "Contractor") to provide services to complete Bid # 18-22B -
Landscape Median Proiect
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. 18-22B for
"Landscape Median Project", issued by the City of Tamarac on May 27, 2018 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 June 26, 2018, 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 18-22B for "Landscape Median Project" as issued by City, and the
contractor's bid response; Bid 18-22B for "Landscape Median Project" 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 held 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
98-22B - Landscape Median Project 9 Agreenrent
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NIN 88rh Ave "Committed to Excellence... Always"
Tamarac, FL 33321 + + ' + httas:lltamarac.bidsandtonders.org
3)
4)
Agreement, which are applicable to the Contractor, its employees, agents
or subcontractors, if any, with respect to the work and services described
herein.
INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original bid document or as required by the
City's Risk and Safety Manager before beginning work under this Agreement
including, but not limited to, Workers' Compensation, Commercial General
Liability, Builder's Risk and all other insurance as required by the City, including
Professional Liability when appropriate. Contractor shall maintain such insurance
in full force and effect during the life of this Agreement. Contractor shall provide
to the City's Risk and Safety Manager certificates of all insurances required under
this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance.
Contractor's Liability Insurance policies shall be endorsed to add the City as an
additional insured as well as the Florida Department of Transportation (FDOT).
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:
Insurance Requirements
Line of Business/ Coverage
Occurrence
I Aggregate
Limits
Commercial General liability Including.
Premises/Operations
Contractual liability
Personal Injury
Explosion, Collapse, Underground Hazard
$1r000,000
$1,000,000
Products/Completed Operation
Broad Form Property Damage
Cross Liability and Severability of
Interest Clause
Automobile Liability
$1,000,000.00
$1,000,000.00
Workers' Compensation &
Employers Liability
Statutory
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that
Contractor receives the City's Notice to Proceed. The work shall be completed
within Two Hundred and Five (205) 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
Sixty 160 calendar days from issuance of City's Notice to Proceed.
1b-228 - Landscape Median Project 2 Agreement
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https:/Itamarac.bidsandtenders.org
4.2 During the pre -construction portion of the work hereunder, the parties agree to
work diligently and in good faith in performing their obligations hereunder, so that
all required permits for the construction portion of the work may be obtained by the
City in accordance with the Schedule included in the Contract Documents. In the
event that any delays in the pre -construction or construction portion of the work
occur, despite the diligent efforts of the parties hereto, and such delays are the
result of force majeure or are otherwise outside of the control of either party hereto,
then the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition costs.
5) CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of Three Hundred Ninety -
One Thousand Six Hundred Two Dollars and Twenty -Five Cents ($391.602.25).
6) PAYMENTS
6.1 Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until fifty percent (50%) of the project is complete. Retainage will be
reduced to five percent (5%) thereafter. Retainage monies will be released upon
satisfactory completion and final inspection of the work. Invoices must bear the
project name, project number, bid number and purchase order number. City has
up to thirty (30) days to review, approve and pay all invoices after receipt. The
Contractor shall invoice the City and provide a written request to the City to
commence the one (1) year warranty period. All necessary Releases of Liens and
Affidavits and approval of Final Payments shall be processed before the warranty
period begins. All payments shall be governed by the Florida Prompt Payment Act,
F.S., Part VII, Chapter 218.
7) REMEDIES
7.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with
the requirements of this Agreement, or for losses sustained by the City resultant
from the Contractor's failure to perform in accordance with the requirements of this
Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits
poor workmanship, the City reserves the right to require that the Contractor correct
all deficiencies in the work to bring the work into conformance without additional
cost to the City, and / or replace any personnel who fail to perform in accordance
with the requirements of this Agreement. The City shall be the sole judge of non-
conformance and the quality of workmanship.
8) CHANGE ORDERS
8.1 All Change Orders shall include a maximum Overhead and Profit, not to
exceed five percent (5%) and five percent (5%) respectively.
8.2 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
98-228 - Landscape Median Project 3 Agreement
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence ... Ahvays"
httas://tamarac.bideandtenders.org
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.
8.3 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.
8.4 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.
8.5 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.
8.6 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 delays unless Contractor has given the notice and the
supporting data required by this Paragraph.
8.7 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.
8.8 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
16-22B - Landscape Median Project 4 Agreement
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave ® „Committed to Excellence... Always„
Tamarac, FL 33321 https://tamarac.bidsandtenders.org
responsibility, and the amount of each applicable bond shall be adjusted
accordingly. The Contractor shall furnish proof of such adjustment to the City.
Failure of the Contractor to obtain such approval from the Surety may be a basis
for termination of this Contract by the City.
9) LIQUIDATED DAMAGES
Project Substantial completion shall be within One Hundred and Sixty 1��calendar
days from Contractor's receipt of City's Notice to Proceed. Final Completion shall beTwo
Hundred and Five 2( 05) calendar days from date of 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 Two Hundred Fifty Dollars and Zero Cents ($250.00) for each calendar day
beyond the time imposed until such work is completed.
10) 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 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.
11) 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
1E-22B - Landscape Median Project 6 Agreement
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence... Always"
Tamarac, FL 33321 ► ' https:lltamarac.bidsandtenders.org
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
12) WARRANTY
Contractor warrants the work against defect for a period of One 1 year from the date of
City approval of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to affected area or to interior structure. The one (1) year warranty
period does not begin until approval of final payment for the entire project, and the subsequent
release of any Performance or Payment Bonds, which may be required by the original bid
document.
13) INDEMNIFICATION
13.1 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.
13.2 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
14) NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, religion, color, gender, national origin,
sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are treated during
employment, without regard to their race, religion, color, gender or national original, or disability.
Such actions must include, but not be limited to, the following: employment, promotion; demotion
or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor shall agree
to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made
aware of and will comply with this nondiscrimination clause.
15) 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
16-228 - Landscape Median Protect 6 Agreement
CITY OF TAMARAC ® PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence ...Ahveys"
Tamarac, FL 33321 1 + https:lltamarac.bidsandtenders.ora
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.
16) 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.
17) NOTICE
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Name: GREEN CONSTRUCTION TECHNOLOGIES INC.
Address:2130 NE 15TH TERRACE WILTON MANORS, FL 33305
FINIEIN:65-0802133
Contract Licensee:CGC1504609: General Contractor State of Florida
Contact:Patrick Erwin
Email: gct-gc@bellsouth.net
Phone: 954-563-3379
Fax: 954-563-3379
18) TERMINATION
18.1 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
18-22B - Landscape Median Project 7 Agreement
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence... Always"
Tamarac, FL 33321 + ► ' r https:iltamarac.bidsandtenders.orp
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.
18.2 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.
19) AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination
based on lack of funding.
20) VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter
in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
21) SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
22) SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to 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.
23) UNCONTROLLABLE CIRCUMSTANCES
23.1 Neither the City nor Contractor shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which, by the exercise of reasonable diligence, the non -performing party could
not avoid. The term "Uncontrollable Forces" shall mean any event which results in
the prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the nonperforming party.
It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic,
war, riot, civil disturbance, sabotage, and governmental actions, such as delays in
permitting due to outside agencies, which are beyond the Contractor's control.
18-22B - Landscape Median Project 8 Agreement
CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence... Always"
Tamarac, FL 33321 i httas:/ftamarac.bidsandtenders.ora
23.2 Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
24) MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by both
the Contractor and the City.
25) NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such a
presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
26) CONTINGENT FEES
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.
27) PUBLIC RECORDS
27.1 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:
27.1.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
27.1.2 Provide the public with access to such public records on the same terms s
that the City would provide the records and at a cost that does not exceed
that provided in chapter 119, Fla. Stat., or as otherwise provided by law;
27.1.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
18-22B - Landscape Median Project 9 Agreement
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https:litamarac.bidsandtenders.org
27.1.4 Meet all requirements for retaining public records and transfer to the City, at
no cost, all public records in possession of the contractor upon termination
of the contract and destroy any duplicate public records that are exempt or
confidential and exempt. All records stored electronically must be provided
to the City in a format that is compatible with the information technology
systems of the agency.
27.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the
Default in accordance with the provisions set forth in, "Termination", herein.
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 and seek civil remedies
pursuant to Section 287.135, Florida Statutes, as amended from time to time.
29) 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
18-22B - Landscape Median Project 10 Agreement
CITY OF TAMARAC ® PURCHASING AND CONTRACTS DIVISION
7525 NW 88th Ave "Committed to Excellence—Always"Tamarac, FL 33321 + https:/Itamarac.bidsandtenders.org
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.
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yP �P�t�1i�
Patricia A.
City Clerk
O
Date
ATTEST:
e
Signature of Corporate Secretary
y1
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY MA
Harry ressler, lvlayor
Michael C-Cernech, City Manager
R-6 t19
Approved as to for a d legal sufficiency:
City AttoIne
21r
Date
GREEN CONSTRUCTION TECHNOLOGIES
KC
( I , 7'� A- CA
Signs re of Presid n
Christina L. Erwin
President
'a(o <
l T
Date
16-22B - Landscape Median Project ? 1 Agreement
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
CORPORATE ACKNOWLEDGEMENT
STATE OF i- L
®�,C :SS
COUNTY OF :
PURCHASING AND CONTRACTS DIVISION
"Committed to Excellence... Always"
https:lltamarac.bidsandtenders.org
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 Christina L. Erwin, President of
Green Construction Technologies. 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
�,�ari'v'°�e;'; =DICKINSONNSON'r. �;° Noof FloridaN :oea C951490%; oFF��?d� My 19, 2020
a7/,20��.
Signature of Notary Public
State of Florida at Large
V4 I . 0 4«k�
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
Produced Identification
F -- VL,
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
18-22B - Landscape Median Project 12
Agreement
CI i Y OF TAMARAC PURCHASING ARID CONTRACTS DIVISION
7525 NW 88th Ave "Committee{ to Excellence —Always"
Tamarac, FL 333,2E + ► httns:iitatmarac.WgHntttenders om
CITY OF TAMARAC
AGREEMENT ADDENDUM TO
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
GREEN CONSTRUCTION TECHNOLOGIES INC.
THIS AGREEMENT ADDENDUM is supplemental to and is fully made a part of the
Construction Agreement (Construction Agreement) 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 GREEN CONSTRUCTION TECHNOLOGIES INC. a Florida corporation with
principal offices located at 2130 NE J§TH TERRACE WILTON MANORS, FL 33305 (the
"Contractor") to provide services to complete Bid # 18-22B - Landscape Median Proiect
The City and Contractor agree to add additional language to the Construction Agreement, which
shall be expressly incorporated as follows, which specifically addresses requirements specified
by the Florida Department of Transportation (FDOT) Grants, and are a part of the original bid
document No. 18-22B for "Landscape Median Project", issued by the City of Tamarac on May
27, 2018 as follows:
1) E-Verify System
The Contractor hereby certifies that it shall utilize the U.S. Department of
Homeland Security's E-Verify system the employment eligibility of all new
employees hired by the Contractor or any of its subcontractor during the term of
the Agreement.
2) Additional Indemnification Requirements
2.1 The Contractor shall indemnify and hold harmless the City, the State of
Florida, Department of Transportation, their officers and employees from
liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorney fees to the extent caused, in whole or in part, by the
professional negligence, error or omission, recklessness, or intentional
wrongful conduct of the consultant or persons employed or utilized by the
consultant in the performance of the Agreement. This indemnification shall
survive the termination of this Agreement.
Remainder of Page Intentionally Blank
CITY OF TAMARAC
7525 NW 88th Ave
Tamarac, FL 33321
PURCHASING AND CONTRACTS DIVISION
"Cornmitted to Excellence... Always'
https:/Itamotrac.bidsandtona ers.org
IN WITNESS WHEREOF, the parties have made and executed this Agreement
Addendum 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.
pRAC
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LL
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NO
Patricia A. Teufel C C
City Clerk
a/x" !Or
Date
ATT-lfi�:
eilgnature of Corporate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF RA
Harry Dr OF RA
M10r)9
f-'Iz —/1F
"Michael C. Cernech, City Merger
--- 'Z& -
Date
Date
GREEN CONSTRUCTI TECHNOLOGIES
SiOiature of Pr6tident
Christina L. Erwin
President
J- I
Date
%,I I I Vr- I M1011-im"Ll
7525 NW 88th Ave
Tamarac, FL 33321
r-V(%1—nM0ItVV Moll" ",%.,IV 1 rxj4t. 10 Ljj VIOIUIV
"committed to Excellence —Always"
httos:lltamarac.bidsandtonders.ora
CORPORATE ACKNOWLEDGEMENT
STATE OF 10104a-
COUNTY OF H � VL 1'VV L�3'�ti—::SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, personally appeared Christina L. Erwin,
President of Green Construction Technologies, 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 A1L) VM 20
'-§7ig—nafure of Notay'Public
State*I a at La
commission #GGlem
Euires:Wuly25,2022
�'S'§*" In A"" N"q
Name, oftotary Public
Personally known to me or
❑ Produced Identification
Type of VD, Produced
E3" DID take an oath, or
F-1 DID NOT take an oath.
100,24531 C , 1, 270;4-0150164� 3