HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-024Temp. Reso. No. 13808
February 22, 2023
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 C� 4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 23-06B TO
AND APPROVING AN AGREEMENT WITH THE STOUT
GROUP, LLC. FOR THE CONSTRUCTION OF C-14 CANAL
EROSION IMPROVEMENT PROJECT, IN ACCORDANCE
WITH BID NO. 23-06B FOR A CONTRACT AMOUNT OF
$1,059,960.00; A CONTINGENCY IN AN AMOUNT OF
$105,996.00 WILL BE ADDED TO THE PROJECT
ACCOUNT, FOR A TOTAL PROJECT BUDGET OF
1,165,956.00; AUTHORIZING AN APPROPRIATION IN THE
AMOUNT NOT TO EXCEED $328,897.00, FOR THE
RECEIPT AND EXPENDITURE OF THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
(FDEP) GRANT AND FOR THE TOTAL PROJECT BUDGET,
TO BE INCLUDED IN A FUTURE BUDGET AMENDMENT
PURSUANT TO F.S. 166.241(2); AUTHORIZING AN
EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the improvements are necessary due to South Florida Water
Management District (SFWMD) concern over serious erosion occurring along C-14 Canal
Bank, opposite the City's West and Central Storm Water Master Pump Stations. The
erosion is a result of the significant outfall flow at each station (design flow of 105,000
GPM at each station) pushing against the north canal bank of the C-14 Canal during
Hurricane Season as well as to regulate the City overall canal water elevation; and
WHEREAS, timely restoration and improvements of canal bank can help prevent
further erosion and deterioration, allowing City to discharge large volume of storm water
from both West and Central Storm Water Pump Station without impacting the integrity of
the canal bank which is maintained by the District; and
Temp. Reso. No. 13808
February 22, 2023
Page 2 of 5
WHEREAS, the City of Tamarac publicly advertised Bid No. 23-06B C-14 Canal
Erosion Improvement Project , on October 23, 2022, incorporated herein by reference
and on file in the office of the City Clerk; and
WHEREAS, on December 7, 2022, the City of Tamarac received four (4)
proposals for the C-14 Canal Erosion Improvement Project a bid tabulation is hereto
attached as "Exhibit 1 "; and
WHEREAS, Staff determined the lowest responsive and responsible bidder to be
The Stout Group, LLC.; and
WHEREAS, the Stout Group, LLC., possesses the required knowledge and
experience to construct the C-14 Canal Erosion Improvement Project and has agreed to
the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No.
23-0613; and
WHEREAS, available funds for the balance of said headwall repairs exist in the
Stormwater Capital Improvement budget; and
WHEREAS, via the Florida Department of Environmental Protection (FDEP) Grant
Agreement #LPA0227, City accepted a grant from FDEP for the C-14 Canal Erosion
Improvement Project in an amount not to exceed $300,000.00 and the Grant is effective
through December 31, 2024; and
WHEREAS, it is the recommendation of the Public Services Director and
Purchasing and Contracts Manager that the appropriate City officials award Bid No. 23-
06B and execute the Agreement with The Stout Group, LLC. for the C-14 Canal Erosion
Improvement Project at two (2) locations under Bid No. 23-06B, attached hereto as
Exhibit #2; incorporated herein and made a specific part of this resolution; and
Temp. Reso. No. 13808
February 22, 2023
Page 3 of 5
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award Bid No.
23-06B and execute the agreement for the C-14 Canal Erosion Improvement Project with
The Stout Group, LLC. for a contract cost of $1,059,960.00 and a contingency in the
amount of $105,996.00, for a total project budget of $1,165,956.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2: The City Commission HEREBY awards Bid No. 23-06B to The
Stout Group, LLC., and approves an Agreement between the City of Tamarac and The
Stout Group, LLC., ("The Agreement") and the appropriate City officials are hereby
authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the C-
14 Canal Erosion Improvement Project at two (2) locations under Bid No. 23-06B.
SECTION 3: An expenditure for a contract cost of $1,059,960.00 and a
contingency in the amount of $105,996.00, for a total project budget of $1,165,956.00 for
said purpose is hereby approved.
SECTION 4: Authorizing an appropriation in the amount not to exceed
$328,897.00, for the receipt and expenditure of the Florida Department of Environmental
Temp. Reso. No. 13808
February 22, 2023
Page 4 of 5
Protection (FDEP) Grant and for the total project budget, to be included in a future Budget
Amendment pursuant to F.S. 166.241(2).
SECTION 5: The City Manager or his designee is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes but is not limited to
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions and pricing of the
agreement.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
"The remainder of this page is intentionally left blank."
Temp. Reso. No. 13808
February 22, 2023
Page 5 of 5
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this aa^d day of 2023.
ATTEST:
r
KIMBERJ1 DILLON, CMC
CI Y CLERK
J A-
MICHELLE J. G MEZ
MAYOR
RECORD OF COMMISSION VOTE. -
MAYOR GOMEZ q6_5
DIST 1: V/M. BOLTON
DIST 2: WRIGHT, JR. y
DIST 3: COMM. VILLALOBOS Lft�_
DIST 4: COMM. DANIEL �s
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF, TAMARAC ONLY.
HANS OTTI NOT
CITY ATTORNEY
TR 13808 EXHIBIT 1
23-06B -C-14 CANAL EROSION IMPROVEMENT PROJECT
ENCO, ELC
THE 9TOUTGROUP
SHORELINE FOUNDATION
LANDSHOREENiERPRISES
;1ee
a on
Qaanuty
Unitof Meawre
Unit Pnce
utal
Unit-
Total
Onh Price
Total
ni n<e
otal
INDEMNIFICATION
1
Lump Sum
$ 10.00
$ 10.00
$ 10.00
$ 1000
$ 10.00
$ 10.00
$ 10.00
$ 10.00
BID SCHEDULE 1
Mobilization 5 Demob¢aUon
1
Lump Sum
$ 12,000.00
$ 12,000.00
$ 50,000.00
$ 50,000.00
S 23,150.00
S 23,150.00
$ 39,421.99
$ 39.421.99
1
Maintenance of T""c /
Pedestrian Safety
1
Lum Sum
$ 2,500.00
$ 2,500.00
$ 5,000.00
$ SAW"
$ 8,500.00
$ 8,500.00
$ 1,929.55
$ 1.929.55
<
Record Drawings
1
Wm Sum
$7.500.00
$ 7.500.00
$ 5,000.00
$ 5,000.00
$ 4,500.DO
$ 4.500.00
$ 18,154.58
$ 18,154.58
5
Erosion Control
i
Lump Sum
$ 23,500.00
$ 23,500.00
It 30,000.00
$ 30,000.00
$ 12,405.00
S 12,405.00
$ 8,461.DO
$ 8,461.00
z
Site Preparation
1
Lump Sum
$ 2,500.00
$ 2,500.00
$ 265,000.00
It 265,000.00
$ 24,800.00
S 24,800.00
$ 5.004.33
$ 5,004.33
T
lExcavation
1300
Cubic Yards
$ 100.00
$ 130,000.00
$ 15.00
$ 19.500.00
S 27.00
$ 35,100.00
$ 41.34
$ 53,742.00
e
Embankment FIII
180
Cubic Yards
$ 150.00
$ 27,000.00
$ 20.00
$ 31600.00
S 76.00
S 13,680.D0
$ 129.14
$ 23,245.20
Rock Rip Rap System
1950
Cubic Yards
$ 204.00
$ 397,800.00
1165.00
$ 126,750.00
S 228.00
$ 444.600.00
$ 233.21
$ 454,759.50
Sod (Bahia)
9500
Square Yards
$ 8.00
$ 76,000.00
$ 1.00
$ 9,500.00
$ 4.50
$ 42,750.00
$ 7.93
$ 75,335.00
t
Irrigation Repairs
1
Lump Sum
$ 2,5D0.00
$ 2,500.00
$ 5,000.00
$ 5,000.00
$ 6,500.00
$ 6,500.00
$ 9,660.20
it 9,660.20
11
SUBTOTAL
$ 681,300.00
$ 519,350.00
$ 615,985.00
$ 699,713.35
13
BID SCHEDULE 2
2
Mobilization a Demobization
1
Lump Sum
$ 129000600
$ 12,000.00
$ 50,000.00
$ 50,000.00
S 23,150.00
$ 23,150.00
$ 39,421099
$ 39.421.99
3
Maintenance of Traffic /
Pedestrian Safety
1
Lump Sum
$ 2,500.00
$ 295GO.00
$ 5,000.00
$ 5,000.00
5 8,500.00
$ 8,500.00
$ 1,929.55
$ 1.929.55
<
Record Drawings
1
Lump Sum
$7,500.00
$ 7,500.00
$ 5,000.00
$ 5,000.00
S 4,500.DO
$ 4,500.00
$ 18,154.58
$ 18,154.58
5
Erosion Control
1
1 Lump Sum
I $ 20,500.DO
$ 20.500.00
$ 30,000.00
$ 30,000.00
$ 12,405.00
$ 12.405.00
$ 8,461.00
$ 8,461.00
6
Site Prepzradan
1
Lump Sum
$ 2,600600
$ 2,500.00
$ 280,000.00
$ 280,000.00
S 24,800.00
$ 24,800.00
$ 5.004.33
$ 5,004.33
7
Excavation
1320
Cubic Yards
$80.00
$ 105,600.00
$ 15.00
$ 19,900.00
$ 27.00
$ 35,640.00
$ 41.34
$ 54,568.80
Embankment FIII
250
Cubic Yards
$ 150.00
$ 37,500.00
$ 20.00
$ 51000.00
$ 76.00
$ 191000.00
$ 12SA4
$ 32,285.00
s
Rock Rip Rap System
2020
Cubic Yards
$204.001
$ 412,080.00
$ 65.00
$ 131,300.G0
S 228.00
$ 460,560.D0
$ 233.21
$ 471,084.20
p
Sad (Bahia)
9500
Square Yards
$ 8.00
$ 76,000.00
$ 1.00
$ 91500.00
$ 41SO
$ 42.750.00
$ 7.93
$ 75,335.00
2
Irrigation Repairs
1
Lump Sum
$2,500.00
$ 2,500.00
$ 5,000.00
$ 5,000.00
3 6,500.00
$ 6.500.00
$ 9.660.20
$ 9,660.20
Subtotal:
$ 678,680.00
$ 540,600.00
$ 637,805.00
$ 715,904.65
Total:
1,359,990.00
$ 1,059,960.00
1 $ 1,253,300.00
1 $ 1,405,623.00
Phonda Kaplan
<ureme 5pecia1krt
12/3I/2022
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THE STOUT GROUP, LLC.
/k
THIS AGREEMENT is made and entered into this -A day of 20'73 by and
between the City of Tamarac, a municipal corporation with principal offices ocated at 7525 N.W. 88th
Ave., Tamarac, FL 33321 (the "CITY") and The Stout Group, LLC corporation with principal offices
located at 10850 NW 138th Street, Bay # 3, Hialeah Gardens, Florida 33018 (the "Contractor") to
provide for construction services to C-14 Canal Erosion Improvement Project.
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. 23-06B for "C-14
Canal Erosion Improvement Project", issued by the City of Tamarac on October 23, 2022
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 December 7, 2022, 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 23-06B for "C-14 Canal
Erosion Improvement Project" as issued by City, and the contractor's bid response; Bid 23-
06B for "C-14 Canal Erosion Improvement 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, English speaking field supervisor on the job site
to enforce these policies and procedures at the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice
prior to the beginning of work under this Agreement and prior to any schedule
change with the exception of changes caused by inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
23-06B C-14 Canal Erosion Improvement Project 1 1�6D
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
subcontractors, if any, with respect to the work and services described herein.
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as specified in the original bid document or as required by the City's Risk
and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and
all other insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Contractor will ensure that all subcontractors comply with
the above guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance
retentions on Contractor's Liability Insurance policies. The following are required types
and minimum limits of insurance coverage, which the Bidder agrees to maintain during
the term of this contract:
• General Liability - $1 M/$2M
• Automobile — $1 M/$1 M
• Workers Comp — Statutory
4. PERFORMANCE, PAYMENT AND WARRANTY BONDS
4.1 Within fifteen (15) calendar days after contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years. The surety shall hold a
current certificate of authority from the Secretary of Treasury of the United States as
an acceptable surety on federal bonds in accordance with United States Department
of Treasury Circular No. 570.
4.2 The Contractor shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of one hundred 100% of the bid award amount as
security for the faithful project performance and payment of all the Contractor's
obligations under the contract documents, per City Code Section 10-156. The
Performance Bond shall be conditioned that the Successful Bidder performs the
contract in the time and manner prescribed in the contract. The Payment Bond shall
be conditioned that the Successful Bidder promptly make payments to all persons who
supply the Successful Bidder in the prosecution of the work provided for in the contract
and shall provide that the surety shall pay the same in the amount not exceeding the
sum provided in such bonds, together with interest at the maximum rate allowed by
law and that they shall indemnify and hold harmless the CITY to the extent of any and
all payments in connection with the carrying out of said contract which the CITY may
be required to make under the law. Payment and Performance Bonds must be
submitted on City forms, included herein. At the completion and formal approval and
acceptance of all work associated with the project, a one-year warranty period will
begin. If the surety on any bond furnished by the Contractor is declared bankrupt or
23-06B C-14 Canal Erosion Improvement Project 2 CZD
WIV A i 40,
The City For Your Life
City of Tamarac Purchasing and Contracts Division
becomes insolvent, or its right to do business is terminated in Florida, the Contractor
shall, within seven (7) days thereafter, substitute another bond meeting the
requirements outlined above, which must also be acceptable to the City.
4.3 A Warranty Bond shall be submitted to the City and come into effect one (1) year after
final payment becomes due and approved except as otherwise provided by law or
regulation or by the Contract Documents with the final sum of the Warranty bond equal
to twenty five percent (25%) of the total value of the Contract price (including executed
change orders), conditioned that the Contractor correct any defective of faulty work or
material which appear within one (1) year after final completion of the Contract, upon
notification by CITY. The Warranty Bond shall cover all the cost of labor as well as
materials.
4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the
Contractor shall ensure that the Performance and Payment Bond or Bonds
referenced above shall be recorded in the Public records of Broward County at
the Bidder's expense. Proof of recording must be submitted to the City prior to
issuance of any purchase order or payment by the City. One (1) set of original
Performance and Payment Bond documents is required to be provided to the City prior
to the issuance of any Notice to Proceed by the City
5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that
Contractor receives the City's Notice to Proceed. The work shall be completed within
Three Hundred and Fifteen (315) 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 Two Hundred and Seventy (270) calendar days
from issuance of City's Notice to Proceed.
5.2 During the pre -construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all
required permits for the construction portion of the work may be obtained by the City
in accordance with the approved 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 in accordance with the requirements of the Contract Documents.
6. CONTRACT SUM
The Contract Sum for the above work is a "not to exceed" total of One Million, Fifty -Nine
Thousand, Nine Hundred and Sixty Dollars ($1,059,960.00).
7. PAYMENTS
Payment upon City approval will be made monthly for work that has been completed,
inspected and properly invoiced (application for payment). A retainage of five percent (5%)
will be deducted from each monthly payment through project completion, upon City review
and approval. Retainage monies will be released upon satisfactory completion and final
inspection of the specific work order. Invoices must bear the bid number, project name, project
number, and purchase order number. The City has up to twenty-five (25) business days to
review, approve and pay all invoices after receipt of an approved application for payment. The
Contractor shall invoice the City and provide a written request to the City to commence the
23-06B C-14 Canal Erosion Improvement Project 3
TiM.i,RAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
one-year warranty period, following the completion of all work, certificates of approvals, punch
lists, etc., in accordance with the Contract Documents. All necessary Release of Liens and
Affidavits shall be processed before the warranty period begins. All payments shall be
governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218.
8. REMEDIES
8.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement,
including City's right to withhold payment.
8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to
the City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. Correction of all deficiencies shall not relieve the
Contractor of its duties and obligations under this agreement, in meeting all project
requirements and objectives including but not limited to achieving project milestones
(Substantial and Final Completion) in accordance with the Contract Documents. The
City shall be the sole judge of non-conformance, the quality of workmanship and any
impact it may have on the Project Schedule.
9. CHANGE ORDERS
9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five
percent (5%) and five percent (5%) respectively (not cumulative).
9.2 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall
not start work pursuant to a change order until the change order setting forth the
adjustments is approved by the City and executed by the City and Contractor. Once
the change order is so approved, the Contractor shall promptly proceed with the work.
9.3 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the Contractor
shall be at Contractor's expense without change in the Contract Price or Time except
as approved in writing by the City.
9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 calendar 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.
23-06B C-14 Canal Erosion Improvement Project 4 RT6
TiMiRAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
9.5 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15)
calendar 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.
9.7 Extensions of time shall be considered and will be based solely upon the effect of
delays to the work as a whole. Extensions of time shall not be granted for delays to
the work, unless the Contractor can clearly demonstrate that such delays did or will,
in fact, delay the progress of work as a whole. Time extensions shall not be allowed
for delays to parts of the work that are not on the critical path of the project schedule.
Time extensions shall not be granted until all float or contingency time, at the time of
delay, available to absorb specific delays and associated impacts is used. Extensions
of time for delays due to Contractor's inability to perform work in a timely manner,
failure to properly coordinate work that causes adverse impact on project schedule or
negligence to properly sequence the work in a manner to meet all project obligations
in accordance with the Contract Documents shall not be accepted.
9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any
item requiring a change in the contract, and a change order has not been issued, City
reserves the right at its sole option to terminate the contract as it applies to these items
in question and make such arrangements as City deems necessary to complete the
work. The cost borne by the City to complete the work shall be levied against the
Contractor including applicable mark-up of ten (10%) for overhead and engineering
costs. The cost of any work covered by a change order for an increase or decrease in
contract price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or contract
time is required to be given to a surety by the provisions of the bond, the giving of such
notice shall be the Contractor's responsibility, and the amount of each applicable bond
shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to
the City. Failure of the Contractor to obtain such approval from the Surety may be a
basis for termination of this Contract by the City.
10. LIQUIDATED DAMAGES
Because of the importance of this project being finished on time, upon failure of the Contractor
to complete each individual requirement within the specified and mutually agreed upon time
frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of Five
Hundred Dollars ($500.00) for each calendar day after the time specified for Substantial
Completion and the project is sufficiently complete for its intended use in accordance with the
Contract Documents, void of any safety concerns. In the event of a delay in completion beyond
the time frame set forth in the Contract Documents for Final Completion, after Substantial
completion has been obtained, liquidated damages will be assessed against the Contractor
in the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00) for each calendar
day beyond the time frame set in the Contract Documents until such work is completed and
ready for final payment. This amount is not a penalty but liquated damages to the City.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the
impossibility of precisely ascertaining the amount of damages that will be sustained by the
City because of such delay, and both parties desiring to obviate any question of dispute
concerning the amount of said damages and the cost and effect of the failure of the Contractor
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
to complete the Contract on time. The City shall have the right to deduct from and retain out
moneys which may be due, or which may become due and payable to Contractor. If the
amount deducted and/or retained by the City is insufficient to pay in full such liquidated
damages, Contractor shall pay in full such liquidated damages. Contractor shall also be
responsible for reimbursing the City the total of all monies paid by the City to the engineer for
additional engineering, inspection and administrative services until the work is complete.
11. NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF
THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY
CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase
in the construction cost or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by Contractor for hindrances or delays
due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work,
or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order. 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. An extension
of time will be considered for "Excusable Inclement Weather Delays" resulting in any weather
condition, the duration of which varies in excess of the average conditions expected, which is
unusual for the particular time and place where the Work is to be performed, or which could not
have been reasonably anticipated by the Contractor, as determined by the U.S. Weather Bureau
records for the preceding 3-year period. No extension of Contract Time will be allowed for any
inclement weather that could be reasonably have been predicted from such weather records.
Should the contractor prepare to begin work at the regular starting time at the beginning of any
regular work shift on any day on which excusable inclement weather, or the conditions resulting
from the weather, or the condition of the Work prevents work from beginning at the usual starting
time, and the crew is dismissed as a result thereof, the Contractor will not be charged for a
working day, whether or not conditions change thereafter during said day, and the major portion
of the day could be considered to be suitable for such construction operations. The Contractor
shall base its construction schedule upon the inclusion of the number of days of excusable
inclement weather. No extension of the Contract Time due to excusable inclement weather will
be considered until after the said number of days of excusable inclement weather has been
reached. However, no reduction in Contract Time would be made if said number of days of
excusable inclement weather is not reached.
12. WAIVER OF LIENS
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by
Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors
who worked on the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
13. WARRANTY
Contractor warrants the work against defect for a period of One 1 year from the date of City's
Final Acceptance of the project and 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.
14. INDEMNIFICATION
14.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages,
liability, and expenses (including attorneys' fees) in connection with loss of life, bodily
or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful misconduct of
the City or its elected or appointed officials and employees. The above provisions
shall survive the termination of this Agreement and shall pertain to any occurrence
during the term of this Agreement, even though the claim may be made after the
termination hereof.
14.2 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time
to time
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall
not discriminate against any employee or applicant for employment because of race,
color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity and expression, genetic
information, or disability if qualified.
15.2 The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if
qualified. Such actions must include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
15.3 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
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
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.
16. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions
of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not
conflict with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business, that it
has made its own investment in its business, and that it will utilize a high level of skill necessary
to perform the work. This Agreement shall not be construed as creating any joint employment
relationship between the Contractor and the City and the City will not be liable for any
obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or
overtime premiums.
17. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not transfer or assign the performance required by this Agreement without
the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
18. NOTICE
Whenever either party desires or is required under this Agreement to give notice to any other
party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail,
U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Ottinot. Law, P.A.
1745 Eagle Trace Blvd., Suite A
Coral Springs, FL 33071
ATTN: Hans Ottinot
CONTRACTOR
Name:
Address:
FIN/EIN:
Contract Licensee:
Contact:
Email:
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Phone:
Fax:
19. TERMINATION
19.1 Termination for Convenience: This Agreement may be terminated by City for
convenience, upon seven (7) days of written notice by terminating party to the other
party for such termination in which event Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify city against loss pertaining to this termination.
19.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the Contractor
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
Written notice of cancellation of this agreement shall state the date upon which the
Contractor shall cease all Work under this Contract and vacate the Project(s) site(s).
The Contractor shall, upon receipt of such notice, unless otherwise directed by the
City: Stop all Work on the Project(s) on the date specified in the notice (the effective
date); Take such action as may be necessary for the protection and preservation of
the City's materials and property; Cancel all cancelable orders for materials and
equipment; Assign to the City and deliver to the site, or any other location specified by
the City, any non -cancelable orders for materials and equipment that can not otherwise
be used except for Work under the Contract and have been specifically fabricated for
the sole purpose of the Work and not incorporated in the Work; Take no action that
shall increase the amounts payable by the City under the Contract Documents and
take reasonable measures to mitigate the City's liability under the Contract
Documents. All charts, drawings, reports, as-builts and other documents, including
electronic documents, related to Work authorized under the Contract, whether finished
or not, must be turned over to the City. Failure to timely deliver the documentation
shall cause to withhold any payments due without recourse by the Contractor until all
documentation is delivered to the City.
20. AGREEMENT SUBJECT TO FUNDING
This agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of Tamarac
in the annual budget for each fiscal year of this Agreement and is subject to termination based
on lack of funding.
21. VENUE
This Agreement shall be governed by the laws of the State of Florida as now and hereafter in
force. The venue for actions arising out of this agreement is fixed in Broward County, Florida.
22. SIGNATORY AUTHORITY
The Contractor shall provide the City with copies of requisite documentation evidencing that
the signatory for Contractor has the authority to enter into this Agreement.
23. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as
to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
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TAMARAC
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City of Tamarac Purchasing and Contracts Division
invalidating the remaining provisions hereof or affecting validity or enforceability of such
provisions in any other jurisdiction. The non -enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of
the remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions, such as delays in permitting due to outside
agencies, which are beyond the Contractor's control.
24.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
25. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This Agreement
can be supplemented and/or amended only by a written document executed by both the
Contractor and the City.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert
such a presumption in any proceedings or disputes connected with, arising out of, or involving
this Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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. PUBLIC RECORDS
29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
29.1.1 Keep and maintain public records required by the CITY in order to perform the
service.
29.1.2 Upon request from the CITY, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at no cost to the CITY.
29.1.3 Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and following completion of the
Agreement and any renewals thereof if CONTRACTOR does not transfer the
records to the CITY.
29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public
records in possession of CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all
public records to the CITY upon completion of the Agreement, CONTRACTOR
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If CONTRACTOR keeps
and maintains public records upon completion of the Agreement,
CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the CITY, upon
request from the CITY's custodian of public records in a format that is compatible
with the information technology systems of the CITY.
29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
30. E-VERIFY
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Definitions:
"Agency" or "Public Employer" for purposes of this section shall mean the City of Tamarac, a
Municipal Corporation which is a political subdivision of the State of Florida.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract
with a public employer to provide labor, supplies, or services to such employer in exchange
for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor
or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a
contractor or another subcontractor in exchange for salary, wages, or other remuneration.
"E-Verify system" means an Internet -based system operated by the United States Department
of Homeland Security that allows participating employers to electronically verify the
employment eligibility of newly hired employees.
Effective January 1, 2021, public and private employers, contractors and subcontractors will
begin required registration with, and use of, the E-verify system in order to verify the work
authorization status of all newly hired employees. Contractor acknowledges and agrees to
utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment
eligibility of:
a) All persons employed by Contractor to perform employment duties within
Florida during the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned
by Contractor to perform work pursuant to the contract with the City. The Contractor
acknowledges and agrees that use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract with the City
of Tamarac.
Should Vendor become the successful Contractor awarded for the above -named project, by
entering into this Agreement, the Contractor becomes obligated to comply with the provisions
of § 448.095, FL. Statutes, as amended from time to time. This includes but is not limited to
utilization of the E-Verify System to verify the work authorization status of all newly hired
employees; and requiring all Subcontractors to provide an affidavit attesting that the
Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The
Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to
comply will lead to termination of this Contract, or if a Subcontractor knowingly violates the
statute, the Subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than 20 calendar days after the date
of termination. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract by the City for a period of 1 year after the
date of termination. By signing below, the Vendor acknowledges these terms shall be an
integral part of its bid and the Contract.
31. 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
23-06B C-14 Canal Erosion Improvement Project 12
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective
dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City
Manager, and CONTRACTOR, signing by and through its President / Owner duly authorized to
execute same. ,��►►►��►►ire,
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CITY OF TAMARAC
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Michell J. Gomez, Mayor
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23-06B C-14 Canal Erosion Improvement Project 14
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF F)vy4i 4 c`
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COUNTY OF k4; 4y,7 -bek .
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
'V5e Lf( S k,C �L I President of rw �;T"V om , LGc.
a 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 'Fc 1f'L4 4 r y 11, 20 23.
E
o`~ YVME ZULUAGA
Notary Public - State of Florida
Commission # HH 2O5674
k My Comm. Expires Jan 7, 2026
Bonded through National Notary Assn.
23-06B C-14 Canal Erosion Improvement Project 15
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Sign ture of NbtaYy,Public
State of Florida at Large
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❑ Produced Identification
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Type of I.D. Produced
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❑ DID NOT take an oath.