HomeMy WebLinkAboutCity of Tamarac Resolution R-2017-063Temp. Reso. #12962
May 19, 2017
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2017- 6 S
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 17-
11 B TO BLD SERVICES, LLC, AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
AGREEMENT BETWEEN THE CITY OF TAMARAC AND
BLD SERVICES, LLC, FOR AN AMOUNT OF $7,700,635.00
FOR THE WASTEWATER I & I LATERAL LINING
PROJECT LOCATED IN MULTIPLE AREAS WITHIN THE
CITY OF TAMARAC; AUTHORIZING AN ADDITIONAL
APPROPRIATION OF $565,119; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac conducted a Wastewater Master Plan Study in
2012, excessive inflow & infiltration (I & 1) was identified by wastewater pump station
basins; and
WHEREAS, $11,000,000.00 in new money bonds was issued in November 2016
for the Wastewater I & I Lateral Lining Project and the lateral lining is the largest part of
this project. This Project will complete the 2012 Wastewater Master Plan
recommendations to reduce excessive I & I within the City of Tamarac; and
WHEREAS, the lining of the laterals is necessary to eliminate the I & I that is
present in the laterals and will eliminate root intrusions that can cause other serious
issues; and
WHEREAS, the Public Services Department FY17 locations for lateral lining will
be completed in Mainlands Sections 2, 3, 4, 5, 5A, 6, 6A, 7, 8, and 9, Heathgate, The
Pines of Woodmont, Cypress Club at Woodmont, Sabal Palm Village, Lakes of Carriage
Hills, Westwood 3, 4, 4A, 7, and 24, Courtyards of Broward, Bermuda Club condos,
Buttonwood at Woodmont, Villas at Woodmont, Woodlands, Village at Woodland Lake,
Temp. Reso. #12962
May 19, 2017
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Woodland Estates, The Courts, Tamarac Lakes South, Banyan Lakes, Shakerwood,
Shaker Village, Woodland Meadows, Forsyth, Greenbriar, The Boulevards, Concord
Village, and Lime Bay Sections 1 & 2.
WHEREAS, the City of Tamarac publicly advertised Bid No. 17-11 B for the
Wastewater I & I Lateral Lining Project in the Sun -Sentinel on February 27, 2017
(incorporated by reference and on file in the office of the City Clerk); and
WHEREAS, the City solicited competitive bids and on March 23, 2017, received,
opened and reviewed three (3) bids as follows:
COMPANY NAME
TOTAL BID $
National Water Main Cleaning Co.
$6,544,110.00
BLD Services, LLC
$7,700,635.00
LMK Pipe Renewal LLC
$9,632,130.00
A copy of the Bid Tabulation is included herein as "Exhibit X; and
WHEREAS, National Water Main Cleaning Co. was the lowest bidder but the
bidder could not demonstrate any Lateral Project Work in the State of Florida which was
mandatory with this Bid Request and thus National Water Main Cleaning Co. was
deemed unqualified to Bid this project; and
WHEREAS, BLD Services LLC, was deemed the most responsive and
responsible bidder (a copy of said bid is on file with the City Clerk's Office); and
WHEREAS, funding for this project in the amount $7,700,635.00 is available from
the $11,000,000.00 2016 bond proceeds and the Utility Renewal and Replacement
Fund; and
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Temp. Reso. #12962
May 19, 2017
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WHEREAS, it is the recommendation of the Director of Public Services and
Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 17-
11 B, the Wastewater I & I Lateral Lining Project, and to execute an agreement with BLD
Services, LLC, for a contract cost of $7,700,635.00 for this Wastewater I & I Lateral
Lining 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 approve the
award of Bid No. 17-11 B, Wastewater I & I Lateral Lining Project and to execute an
agreement with BLD Services, LLC, for a contract cost of $7,700,635.00.
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 hereof.
SECTION 2: The City Commission hereby awards the lateral lining
contract to BLD Services, LLC, in an amount not to exceed $7,700,635.00.
SECTION 3: The appropriate City Officials are hereby authorized to
execute an agreement between the City of Tamarac and BLD Services, LLC, (a copy of
which is attached hereto as "Exhibit B") as part of said award.
Temp. Reso. #12962
May 19, 2017
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SECTION 4: An expenditure for a contract cost of $7,700,635.00 is
hereby approved.
SECTION 5: The City Manager, or his designee, is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000 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: An appropriation in the amount not to exceed $565,119 is
hereby approved and will be included in a Budget Amendment prior to November 30,
2017 pursuant to F.S. 166.241(2).
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.
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SECTION 9:
passage and adoption.
2017.
Temp. Reso. #12962
May 19, 2017
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This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this HA day of
ATTEST-
, PATRICIA TEUFEL, CMC
CITY CLERK
1
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
E
HAR Y DR SSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BOLTON
DIST 2: COMM. GOMEZ
DIST 3: COMM. FISHMAN
DIST 4: VICE MAYOR PLACKO_
"EXHIBIT A"
TR #12962
ITEM
EST.
Complete Bid Tab
National Water Main Cleaning
NO.
DESCRIPTION
UNIT
QTY.
Co.
BLD Services, LLC
LMK Pipe Renewal, LLC
CIPP Full -Wrap Lateral Lining, 6" Sewer Lateral in
1
8" to 12" mains, up to 5 LF
EA
1
$ 5,000.00
$ 5,000.00
$ 1,850.00
$ 1,850.00
$ 3,450.00
$ 3,450.00
CIPP Full -Wrap Lateral Lining, 6" Sewer Lateral in
2
8" to 12" mains, up to 20 LF
EA
2644
$ 2,375.00
$ 6,279,500.00
$ 2,775.00
$ 7,337,100.00
$ 3,500.00
$ 9,254,000.00
CIPP Full -Wrap Lateral Lining, 6" sewer Lateral in
3
8" to 12" mains, greater than 20 LF
LF
1
$ 250.00
$ 250.00
$ 75.00
$ 75.00
$ 60.00
$ 60.00
CIPP Full -Wrap Lateral Lining, 8" Sewer Lateral in
4
8" to 12" mains, up to 5 LF
EA
1
$ 5,000.00
$ 5,000.00
$ 3,375.00
$ 3,375.00
$ 3,450.00
$ 3,450.00
CIPP Full -Wrap Lateral Lining, 8" Sewer Lateral in
S
8" to 12" mains, up to 10 LF
EA
106
$ 2,350.00
$ 249,100.00
$ 3,500.00
$ 371,000.00
CIPP Full -Wrap Lateral Lining, 8" Sewer Lateral in
6
8" to 12" main, greater than 10 LF
LF
1
$ 250.00
$ 250.00
$ 125.00
$ 125.00
$ 60.00
$ 60.00
7
Re -cut lateral opening in main
EA
1
$ 5,000.00
$ 5,000.001
$ 350.00 1
$ 350.00 1
$ 100.00
$ 100.00
8
Indemnification
LS
1
$ 10.00
$ 10.001
$ 10.00 1
$ 10.001
$ 10.00
$ 10.00
Grand Total:
$6,544,110.00
$9,632,130.00
Senior Procurement Specialist
3/23/2017
Andrew J. Rozwadowski
I & I SERVICE FOR LATERALS
BETWEEN THE CITY OF TAMARAC
AND
BLD SERVICES, LLC
THIS AGREEMENT is made and entered into this�day of 2017 by
and between the City of Tamarac, a municipal corporation wit principal offices located at
7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and BLD SERVICES, LLC, a Florida
corporation with principal offices located at 2424 TYLER STREET KENNER, LA 70062
(the "Contractor") to provide for I & I Service for Laterals.
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. 17-11B, including all
conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal
included herein, 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 17-11 B as issued by the City, and the Contractor's Proposal, 17-11 B as issued by City
shall take precedence over the Contractor's Proposal. 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. 17-
11B
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of the
work. Contractor shall at all times have a competent field supervisor on
the job site to enforce these policies and procedures at the Contractor's
expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
any schedule change with the exception of changes caused by inclement
weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws
17-11 B ? 1 & 1 Service for Laterals - Agreement
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.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that
Contractor receives the City's Notice to Proceed. The work shall be completed
within Five Hundred Forty Seven (547) days from issuance of City's Notice to
Proceed, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, completion shall mean the
issuance of final payment.
4.2 During the pre -construction portion of the work hereunder, the parties agree to
work diligently and in good faith in performing their obligations hereunder, so
that all required permits for the construction portion of the work may be
obtained by the City in accordance with the Schedule included in the Contract
Documents. In the event that any delays in the pre -construction or construction
portion of the work occur, despite the diligent efforts of the parties hereto, and
such delays are the result of force majeure or are otherwise outside of the
control of either party hereto, then the parties shall agree on an equitable
extension of the time for substantial completion hereunder and any resulting
increase in general condition costs.
5) Contract Sum
17-11 B 2 1 & 1 Service for Laterals - Agreement
The Contract Sum for the above work is Seven Million Seven Hundred Thousand Six
Hundred Thirty Five Dollars and Zero cents ($7,700,635.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly payments
until 50% of the project is complete. Retainage will be reduced to five percent (5%) thereafter.
Retainage monies will be released upon satisfactory completion and final inspection of the
work. Invoices must bear the project name, project number, bid number and purchase order
number. City has up to thirty (30) days to review, approve and pay all invoices after receipt.
The Contractor shall invoice the City and provide a written request to the City to commence
the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval
of Final Payments shall be processed before the warranty period begins. All payments shall
be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor
does not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all deficiencies
in the work to bring the work into conformance without additional cost to the City, and / or
replace any personnel who fail to perform in accordance with the requirements of this
Agreement. The City shall be the sole judge of non-conformance and the quality of
workmanship.
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases, decreases
or other changes to the work as may be considered necessary or desirable to complete the
proposed construction in a satisfactory manner. The Contractor shall not start work pursuant
to a change order until the change order setting forth the adjustments is approved by the City,
and executed by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work. All Change Orders shall include overhead
and profit, not to exceed five percent (5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
Contractor's expense without change in the Contract Price or Time except as approved in
writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun. Any
claim for an increase or decrease in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party promptly (but in no event later than
17-11B
3 J & J Service for Laterals - Agreement
15 days) after the occurrence of the event giving rise to the claim and stating the general
nature of the claim. The amount of the claim with supporting data shall be delivered (unless
the City allows an additional period of time to ascertain more accurate data in support of the
claim) and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts to which the claimant is entitled as a result of the occurrence of
said event. No claim for an adjustment in the Contract Price will be valid if not submitted in
accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days after
the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be
delivered with supporting data and stating the general nature of the claim. Contractor hereby
agrees to waive rights to recover any lost time or incurred costs from delays unless
Contractor has given the notice and the supporting data required by this Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the effect of
delays to the work as a whole. Extensions of time shall not be granted for delays to the work,
unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the
progress of work as a whole. Time extensions shall not be allowed for delays to parts of the
work that are not on the critical path of the project schedule. Time extensions shall not be
granted until all float or contingency time, at the time of delay, available to absorb specific
delays and associated impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by the City and the Contractor
for any item requiring a change in the contract, and a change order has not been issued, the
City reserves the right at its sole option to terminate the contract as it applies to these items
in question and make such arrangements as the City deems necessary to complete the work.
The cost of any work covered by a change order for an increase or decrease in the contract
price shall be determined by mutual acceptance of a Guaranteed Maximum Price by the City
and Contractor. If notice of any change in the contract or contract time is required to be given
to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's
responsibility, and the amount of each applicable bond shall be adjusted accordingly. The
Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to
obtain such approval from the Surety may be a basis for termination of this Contract by the
City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR
DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE
MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor
shall not be entitled to an increase in the construction cost or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages including but no 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
17-11 B ¢ 1 & / Service for Laterals - Agreemen
of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any time
in the progress of the Work by an act or neglect of the City's employees, or separate
contractors employed by the City, or by changes ordered in the Work, or by delay authorized
by the City pending arbitration, then the Contract Time shall be reasonably extended by
Change Order, and the Guaranteed Maximum Price shall be reasonably increased by
Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress
of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions
not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's
control, or by other causes which the City and Contractor agree may justify delay, then the
Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall
be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to that extent specifically provided above. No
extension of time shall be granted for delays resulting from normal weather conditions
prevailing in the area as defined by the average of the last ten (10) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and Atmospheric
Administration at the Fort Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of
this Agreement. Payment of the invoice and acceptance of such payment by the Contractor
shall release City from all claims of liability by Contractor in connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the date
of final payment. In the event that defect occurs during this time, Contractor shall perform
such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to 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.
12) Indemnification
12.1 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.
17-11 B 1 & / Service for Laterals - Agreement
12.2 The City and Consultant recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Consultant and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of
which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by Consultant.
Furthermore, the City and Consultant understand and agree that the covenants
and representations relating to this indemnification provision shall serve the
term of this Agreement and continue in full force and effect as to the City's and
the Consultant's responsibility to indemnify.
12.3 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
13) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its subcontractors shall
not discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, or disability if qualified.
The Contractor will take affirmative action to ensure that employees and those of its
subcontractors are treated during employment, without regard to their race, color, sex
including pregnancy, religion, age, national origin, marital status, political affiliation, familial
status, sexual orientation, gender identity or expression, or disability if qualified. Such actions
must include, but not be limited to, the following: employment, promotion; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Contractor
and its subcontractors shall agree to post in conspicuous places, available to its employees
and applicants for employment, notices to be provided by the contracting officer setting forth
the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will
ensure that all subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
14) 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
17-11 B / & / Service for Laterals - AgreemeW
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.
15) 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.
16) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
BLD SERVICES LLC
2424 TYLER STREET
KENNER, LA 70062
72-1512625
jacob@bidllc.net
504-466-1344
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by the City
for convenience, upon seven (7) days of written notice by City to the Contractor
for such termination in which event the Contractor shall be paid its
compensation for services performed to termination date, including services
reasonably related to termination. In the event that the Contractor abandons
17-11 B 7 1 & l Service for Laterals - Agreement
this Agreement or causes it to be terminated, Contractor shall indemnify the city
against loss pertaining to this termination.
17.2 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.
18) Public Records
18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
18.1.1 Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service;
18.1.2 Provide the public with access to such public records on the same terms
and conditions that the City would provide the records and at a cost that
does not exceed that provided in chapter 119, Fla. Stat., or as otherwise
provided by law;
18.1.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
18.1.4 Meet all requirements for retaining public records and transfer to the City,
at no cost, all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt. All records stored electronically
must be provided to the City in a format that is compatible with the
information technology systems of the agency.
18.2 The failure of Contractor to comply with the provisions set forth in this Article
shall constitute a Default and Breach of this Agreement and the City shall
enforce the Default in accordance with the provisions set forth in Article 17
"Termination" herein.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
20) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
17-11 B 8 1 & l Service for Laterafs - Agreement
County, Florida.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
22) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting the validity or enforceability of
such provisions in any other jurisdiction. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
23) Uncontrollable Circumstances
23.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of its
obligations under this Agreement and which is beyond the reasonable control of
the nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
23.2 Neither party shall, however, be excused from performance if nonperformance is
due to forces, which are preventable, removable, or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The nonperforming
party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party
describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
24) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Contractor and the City.
25) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise accrue
to the benefit of any party to the Agreement, and each party expressly waives the right to
17-11 B 1 & f Service for Laterals - Agreement
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
Remainder of Page Intentionally Blank
17-11 B 10 1 & 1 Service for Laterals - Agreement
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 Vice President duly
authorized to execute same.
Patricia A. Teufel, M
C TAMARAC
Harry Dr, ssler, Mayor
1` 401 1
C. Cernech, City
6- -\ '0-% —(>;I-
Date
TAAq Approved as to form and legal sufficiency:
Date Z
'ESTABLISHED*.
1963 City t rney
as A
SEL,'' Z0
ATTEST:
igndfure of Corporate Sbcretary
V
Shirley Jarrell Wagner
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
BLD SERVICES, LLC
Company Name
Signature Presi nt/Owner
Jacob Trapani / Vice President
Type/Print Name of President/Owner
May 23, 2017
Date
17-116 ? 1 Agreement
CORPORATE ACKNOWLEDGEMENT
STATE OF LOUISIANA
SS
COUNTY OF JEFFERSON
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
Jacob Trapani , of BLD Services, LLC
a Louisiana 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.
23rd
WITNESS my hand and official seal this. day of May 2017.
®e LO
m
� r
Si nature of N ary Public
`tate of LouisianE
ELIZABETH PREST PIEDISCALZO
Notary Public ID # 128654
State of Louisiana
My commission is for life.
Print, Type or Stamp
Name of Notary Public
RI Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
x❑ DID NOT take an oath.
17-11 B 12 Agreement
M
I - D
SERVICES, LLC
UNANIMOUS MEMBER AND MANAGER RESOLUTION
I, Shirley Jarrell Wagner, the acting Secretary of BLD
Services, L.L.C., do hereby certify that the following
resolution was duly adopted by all of the members and manager of
BLD Services, L.L.C., and that this resolution is in full force
and effect as of the date hereof:
RESOLVED, that Jacob Trapani, Vice President
of BLD Services, L.L.C., be and is hereby
appointed and designated as Agent and
Attorney -in -Fact of BLD Services, L.L.C.,
with full power and authority to act on
behalf of BLD Services, L.L.C., in
connection with any and all negotiations,
bids, concerns and transactions, including
but not limited to the execution of any and
all bids, papers, documents, affidavits,
bonds, sureties, contracts and acts, and to
receive and receipt thereof all purchase
orders and notices issued pursuant to the
provisions of any such bids or contracts;
and further to take any and all actions
necessary to carry out the purposes and
intents of this resolution; and that the
members and manager of BLD Services, L.L.C.,
therefore, do hereby ratify, confirm,
approve and accept each and every act
performed by Jacob Trapani as said Agent and
Attorney -in -Fact of BLD Services, L.L.C., in
furtherance of this resolution.
May 19, 2 017
of
IRT *Y JARRELL WA ER DATE
SECRpIrARY OF BLD SERVICES, L.L.C.
00312556-2
2424 Tyler Street • Kenner, LA 70062 • Office 504-466-1344 • Toll -Free 888-272-6711 • Fax 504-461-5971 • www.bldllc.net