HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-027Temp. Reso. #13896
February 22, 2023
Page 1 of 6
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - Oa
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 23-10B TO
AND APPROVING AN AGREEMENT WITH GREEN
CONSTRUCTION TECHNOLOGIES, INC. FOR THE
CONSTRUCTION OF THE UNIVERSITY DRIVE MEDIANS
LANDSCAPING IMPROVEMENTS PROJECT (FDOT
BEAUTIFICATION GRANT FUNDED PROJECT FM NO.
450508-1-74-01), IN ACCORDANCE WITH BID NO. 23-10B
FOR A CONTRACT AMOUNT OF $687,764.78; A
CONTINGENCY IN THE AMOUNT OF $68,776.48 WILL BE
ADDED TO THE PROJECT ACCOUNT FOR A TOTAL
PROJECT BUDGET OF $756,541.26; AUTHORIZING AN
APPROPRIATION FOR THE RECEIPT AND EXPENDITURE
OF THE GRANT FUNDS, NOT TO EXCEED $100,000.00,
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 City of Tamarac and Florida Department of Transportation
(FDOT) have expressed interest in completing certain landscaping improvements to
various FDOT Rights -of -Way to beatify and improve major corridors within the City of
Tamarac.
WHEREAS, the project is located on City owned Property, between NW 78th ST
and Southgate Blvd on North University Drive in the City of Tamarac, Broward County,
Florida.
WHEREAS, the projects located within Broward County, FDOT provides grant
funding to municipalities for landscape improvements on state owned Rights -of- Way,
through the Highway Beatification Grant Program.
Temp. Reso. #13896
February 22, 2023
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WHEREAS, The City Commission, via Resolution Number R-2021-112, dated
September 22,2021, authorized the City Manager to accept the award for the
Beautification Grant through FDOT for proposed landscaping improvements on University
Drive from Southgate Boulevard to NW 78t' Street, and
WHEREAS, the work for this project includes, but is not limited to, Clearing and
Grubbing of trees and shrubs, removal of existing pavers and existing irrigation system.
The installation of tree protection barrier, tree root and branch pruning. Landscape
installation of small and large trees and sod. Installation of new irrigation pump, suction
line, valves, heads, lateral lines, sleeving and installation of Architectural pavers bricks.
Project shall include all applicable restorations as well as all appurtenances and other
incidentals as indicated by the project drawings, and
WHEREAS, the proposed landscaping project on University Drive helps to further
the implementation of the adopted 2020 Go Forward Roadway Landscaping Master Plan.
The award of the FDOT Beautification Grant served to help leverage local funds to reduce
the net cost of the project to the City; and
WHEREAS, on December 11, 2022, the City Publicly advertised Bid Number 23-
10B for the University Drive Medians Landscaping Improvements Project and received
and opened two (2) bid proposals on January 25, 2023, a copy of the Bid Tabulation is
attached hereto as "Exhibit 1 "; and
WHEREAS, The City's Consultant, MILLER LEGG along with the Public Services
Department and Financial Services Department examined the responses to the bid. After
review and evaluation of all responses to this bid it was determined both bidders (Green
Temp. Reso. #13896
February 22, 2023
Page 3 of 6
Construction Technologies Inc.& Arazoza Brothers, Corp.) to be compliant in meeting the
requirement for this project; and
WHEREAS, City staff reviewed the submitted requirements and determined the
lowest bidder, Green Construction Technologies, Inc., to be the lowest responsive and
responsible bidder; and upon review of their proposal and background check, that Green
Construction Technologies, Inc., possess the skills, experience and capacity to meet the
requirements to construct The University Drive Medians Landscaping Improvements
Project and has agreed to the Terms and Conditions, Special Conditions and Technical
Specifications of Bid No. 23-1013; and
WHEREAS, it is the recommendation of the Public Services Director, Director of
Financial Services, and Purchasing and Contracts Manager that the appropriate City
Officials award Bid No. 23-10B and execute the agreement with Green Construction
Technologies, Inc. for the University Drive Medians Landscaping Improvements Project;
and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award Bid No. 23-
10B and execute the agreement for the University Drive Medians Landscaping
Improvement Project with Green Construction Technologies, Inc. for a contract amount
of $687,764.78; a contingency in the amount of $68,776.48, for a total project budget of
$756, 541.26.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. #13896
February 22, 2023
Page 4 of 6
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 hereof.
SECTION 2: The City Commission HEREBY awards Bid No. 23-10B to
Green Construction Technologies, Inc. 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, attached
hereto as "Exhibit 2", to provide for the University Drive Medians Landscaping
Improvements Project.
SECTION 3: Funding for the University Medians Landscaping
Improvements Project in the amount not to exceed $687,764.78 shall be available for this
project is included in Project No. PW22F, in the amount of $450,100.00. The additional
funding required to meet the project budget (including contingency identified below) will
come from Project NO. GP20C in the amount of $306,441.26. The City is responsible for
the initial outlay of funds for the total project cost. Upon successful completion of the
project, the grant -funding portion in the amount of $ 100,000.00 would be reimbursed via
the FDOT Beautification Grant.
SECTION 4: An expenditure for a contract cost of $687,764.78; and a
contingency in the amount of $68,776.48, for a total project budget of $756,541.26 for
said purpose is hereby approved.
SECTION 5: Authorizing an appropriation for the receipt and expenditure
Temp. Reso. #13896
February 22, 2023
Page 5 of 6
for the grant funds to be included in a future budget amendment pursuant to F.S.
166.241(2);
SECTION 6: 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 7: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8: 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 left blank intentionally."
Temp. Reso. #13896
February 22, 2023
Page 6 of 6
SECTION 9: This Resolution shall become effective immediately upon its
passage and adoption.
x�
PASSED, ADOPTED AND APPROVED this as day ofg2u) 2023.
ATTEST:
KII BERLI DILLON, CMC
CITY CLERK
_94t�kz1�'9.,L_
MICHELLE J. bOWIEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ �S
DIST 1: V/M. BOLTON E
DIST 2: WRIGHT, JR.
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE CITY OF TAMARAC ONLY.
> MTINOT
ATTORNEY
TR 13896 Exhibit 1
23-10B - UNIVERSITY DRIVE MEDIANS LANDSCAPING IMPROVEMENTS PROJE
ARAZOZA BROTHERS, CORP.
GREEN
CONSTRUCTION
TECHNOLOGIES, INC.
Line Item
Description
p
Quantity
Unit of
Unit Price
Total
Unit Price
Total
Measure
1
Indemnification
1
Lump Sum
$ 10.00
$ 10.00
$ 10.00
$ 10.00
2
As -Built Record Drawing
1
Lump Sum
$ 10,000.00
$ 10,000.00
$ 5,500.00
$ 5,500.00
3
Payment & Performance Bond
1
Lump Sum
$ 13,495.57
$ 13,495.57
$ 13,000.00
$ 13,000.00
4
Mobilization/Demobilization
1
LumpSum
$ 25,000.00
$ 25,000.00
$ 28,000.00
$ 28,000.00
s
Maintenance of Traffic
1
LumpSum
$ 40,000.00
$ 40,000.00
$ 48,000.00
$ 48,000.00
6
Demolition & Site Prep
1
Lump Sum
$ 70,200.00
$ 70,200.00
$ 61,405.00
$ 61,405.00
7
Tree Protection Barrier
1
Lump Sum
$ 13,000.00
$ 13,000.00
$ 8,975.00
$ 8,975.00
s
Tree Root and Branch Pruning
52
Each
$ 300.00
$ 15,600.00
$ 695.00
$ 36,140.00
9
Landscaping (Small Plants)
2554
Each
$ 18.65
$ 47,632.10
$ 13.33
$ 34,044.82
10
St. Augustine Sod (including
earthwork/grading/restoration)
22232
Square Feet
$ 0.75
$ 16,674.00
$ 1.97
$ 43,797.04
11
Landscaping (Large Plants)
17
Each
$ 4,402.95
$ 74,850.15
$ 498.00
$ 8,466.00
Bric Pavers w ea er cur ing
12
-Temron 4" X 8" paver
charcoal, light huntington &
289
Square Yards
$ 260.00
$ 75,140.00
$ 229.28
$ 66,261.92
white
13
Irrigation Pump
1
Each
$ 46,000.00
$ 46,000.00
$ 35,000.00
$ 35,000.00
14
Irrigation Suction Line
325
Linear Feet
$ 25.00
$ 8,125.00
$ 60.00
$ 19,500.00
1s
Irrigation Valves
15
Each
$ 600.00
$ 9,000.00
$ 800.00
$ 12,000.00
16
Irrigation Heads
411
Each
$ 45.00
$ 18,495.00
$ 60.00
$ 24,660.00
17
Irrigation Main Lines
4407
Linear Feet
$ 17.00
$ 74,919.00
$ 21.00
$ 92,547.00
is
Irrigation Lateral Lines
6378
Linear Feet
$ 3.50
$ 22,323.00
$ 8.00
$ 51,024.00
19
Irrigation Sleeving
1198
Linear Feet
$ 90.00
$ 107,820.00
$ 83.00
$ 99,434.00
Total:
$ 688,283.82
$ 687,764.78
Rhonda Kaplan
Senior Procurement Specialist
1/26/2023
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CONSTRUCTION AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
GREEN CONSTRUCTION TECHNOLOGIES, INC.
THIS AGREEMENT is made and entered into this _�'day of i(" �l'i 20_Z 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., with
principal offices located at 2130 NE 15th Terrace, Wilton Manors, Florida 33305 (the "Contractor") to
provide construction and landscaping services for University Drive Medians Landscaping
Improvements 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. 23-10B for "University
Drive Medians Landscaping Improvements", issued by the City of Tamarac on December 11,
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 January 25, 2023,
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 23-10B for
"University Drive Medians Landscaping Improvements" as issued by City, and the
contractor's bid response; Bid 23-10B for "University Drive Medians Landscaping
Improvements" 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.
23-10B University Drive Medians Landscaping Improvements
The city For Your Life
City of Tamarac Purchasing and Contracts Division
2.1.4 Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this
Agreement, which are applicable to the Contractor, its employees, agents or
subcontractors, if any, with respect to the work and services described herein.
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
23-10B University Drive Medians Landscaping Improvements
The City For Your Life
City of Tamarac Pu/chasin _and C ntr-acts f-ivision
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 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 bonds
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
Two Hundred and Fifty (250) 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 Twenty (220) 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 Six Hundred Eighty -Seven
Thousand, Seven Hundred Sixty Four Dollars and Seventy Eight Cents. ($687,764.78).
7. PAYMENTS
23-10B University Drive Medians Landscaping Improvements
The City For Your Life
in �emd_�`� rtr�cts.Division
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 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 VI I, 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
4
23-10B University Drive Medians Landscaping Improvements
► ► : ► /1
The City For Your Life
Ci Tae�tarac _.__ aarqOsriz es ��teitratts Division
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 days) after the occurrence of the event giving rise to the claim
and stating the general nature of the claim. The amount of the claim with supporting
data shall be delivered (unless the City allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be accompanied by claimant's
written statement that the amount claimed covers all known amounts to which the
claimant is entitled as a result of the occurrence of said event. No claim for an
adjustment in the Contract Price will be valid if not submitted in accordance with this
Paragraph.
9.5 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15)
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
23-10B University Drive Medians Landscaping Improvements
�. � 1
J
The City For Your Life
City of Tamarac ^-- vrctrasing and Contracts-Divislan
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 readiness 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 to complete the Contract on time. City shall have the
right to deduct from and retain out moneys which may be due, or which may become due
and payable to Contractor. The amount of such liquidated damages and if the amount
retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in
full such liquidated damages. Contractor shall also be responsible for reimbursing 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,
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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
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.
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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 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
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Contractor shall not transfer or assign the performance required by this Agreement without
the prior written 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. E.
Suite A
Coral Springs, Florida 33071
ATTN: Hans Ottinot
CONTRACTOR
Name:
Address:
FIN/EIN:
Contract Licensee:
Contact:
Email:
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
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City of Tamarac u,,chasaing ante ('ontracts_Division
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 the requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
23. SEVERABILITY; WAIVER OF PROVISIONS
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting validity or enforceability of
such provisions in any other jurisdiction. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect enforceability of that
provision or of the remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not
avoid. The term "Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this Agreement
and which is 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.
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24.2 Neither party shall, however, be excused from performance if nonperformance is due
to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence, prevented,
removed, or remedied with reasonable dispatch. The nonperforming party shall, within
a reasonable time of being prevented or delayed from performance by an
uncontrollable force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the obligations of this
Agreement.
25. MERGER; AMENDMENT
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Contractor and the City.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert
such a presumption in any proceedings or disputes connected with, arising out of, or involving
this Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor is not on
the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies
with Activities in Sudan List, and not on the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City will
not contract for the provision of goods or services with any scrutinized company
referred to above.
28.2 Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5) days from receipt of
notice to refute the false certification allegation. If such false certification is discovered
during the active contract term, Contractor shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the determination of
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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
30
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.
E-VERIFY
As a condition precedent to entering into this Agreement, and in compliance with
Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and
use the E-Verify system to verify work authorization status of all employees hired after
January 1, 2021. Contractor shall require each of its subcontractors to provide
Contractor with an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the
subcontractor's affidavit as part of and pursuant to the records retention requirements
of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a
good faith belief that a person or entity with which it is contracting has knowingly violated
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Section 448.09(1), Fla. Stat or the provisions of this section shall terminate the contract
with the person or entity. City, upon good faith belief that a subcontractor knowingly
violated the provisions of this section; but Contractor otherwise complied, shall promptly
notify Contractor and Contractor shall immediately terminate the contract with the
subcontractor.
An agreement or contract terminated under the provisions of this section is not a breach
of contract and may not be considered such. Any agreement or contract termination
under the provisions of this section may be challenged pursuant to Section
448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this
Agreement by the City for a violation of this section by Contractor, Contractor may not
be awarded a public contract for at least one (1) year. Contractor further acknowledges
that Contractor is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this section. Contractor or subcontractor
shall insert in any subcontracts the clauses set forth in this section; requiring the
subcontractors to include these clauses in any lower tier subcontracts. Contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractor with the
clauses set forth in this section.
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
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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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.
OF�TA`M
W Al
ESTABLISHED Q
= 70 - 1963 ; p
SEAL : Q ;
CITY F TAMARAC
Mich Ile J. Gomez, Mayor
ATTESY:,,, CCUN'C-� ``\`\ �f'C`L Ci Manager
Kimberly Dillo , CIVIC Date
City Clerk
Date
of Corporate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
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Ap, ov Wtf m and legal sufficiency:
OvAdyneyv
ate
Company Name(�j-) C_� V�StyttLh�y���r�a�t�S
Cp0pany Name _
ure of Presldl-nt / Owner
Type/Print Name of President / Owner
Date
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TAMARAC
The City For Your Life
City of Tamarac _ Purchasina and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF
^� :SS
COUNTY OF ���1'
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid anti
in the County aforesaid to_�90 acknowledgments, personally appeared C' t^i �r7,v h &-'Wt `�
President co Ks �'^�oJCorporation, to me known to be the person(s) described in and who
ii
execuWe goti�fg in�i ment and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of F.--64v0-y l 203-3
oridauAANv=w
W COMMISSION # NN 336839
EXPIRES: Navembw 30, 2026
Name of Notary Public
!❑
�6- Personally, known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
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