HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-052Temp. Reso. 12785
6/8/2016
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CITY OF TAMARAC, FLORIDA"
RESOLUTION NO. R-2016 J ,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 16-
11 B TO AND APPROVING AN AGREEMENT WITH
WILLIAMS PAVING CO. INC., FOR THE CONSTRUCTION
OF THE NW 77T" STREET MULTI -PURPOSE PATHWAY
PROJECT, IN ACCORDANCE WITH BID NO. 16-11 B FOR
A CONTRACT AMOUNT OF $118,870.76; A
CONTINGENCY IN AN AMOUNT OF $11,887.08 WILL BE
ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL
PROJECT BUDGET OF $130,757.84; AUTHORIZING AN
EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac wishes to enhance
multi -modal transportation, wellness and recreational opportunities throughout Tamarac;
and
WHEREAS, the City desires to provide a safe connectivity between City facilities,
schools, shopping areas, residential areas by establishing integrated bikeway/walkway
systems and multi -purpose pathways throughout the City; and
WHEREAS, the NW 77th Street Multi -purpose Pathway Project, located on the
north side of NW 77th Street between NW 96th Avenue and the Tamarac Sports
Complex, will provide for connectivity between the existing bike lanes along NW 96th
Avenue and the Tamarac Sports Complex; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 16-11 B for the NW
77th Street Multi -purpose Pathway Project on March 30, 2016, incorporated herein by
reference and on file in the office of the City Clerk; and
Temp. Reso. 12785
6/8/2016
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WHEREAS, on May Td, 2016, the City of Tamarac received six (6) proposals for
the NW 77th Street Multi -purpose Pathway Project, a bid tabulation is attached hereto
as "Exhibit 1 "; and
WHEREAS, staff determined the lowest responsive and responsible bidder to be
Williams Paving Co. Inc.; and
WHEREAS, Williams Paving Co. Inc., possesses the required knowledge and
experience to construct the NW 77th Street Multi -purpose Pathway Project and has
agreed to the Terms and Conditions, Special Conditions, and Technical Specifications
of Bid No. 16-11 B; and
WHEREAS, it is the recommendation of the Public Services Director and
Purchasing and Contracts Manager that the appropriate City officials award Bid No. 16-
11 B and execute the Agreement with Williams Paving Co. Inc., for the NW 77th Street
Multi -purpose Pathway Project, located on the north side of NW 77th Street between
NW 96th Avenue and the Tamarac Sports Complex, a copy of said agreement is
attached hereto as "Exhibit #2"; 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.
16-11 B and execute the agreement for the NW 77th Street Multi -purpose Pathway
Project with Williams Paving Co. Inc., for a contract cost of $118,870.76 and a
contingency in the amount of $11,887.08, for a total project budget of $130,757.84.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. 12785
6/8/2016
Page 3 of 4
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. 16-11 B to
Williams Paving Co. Inc., and approves an Agreement between the City of Tamarac and
Williams Paving Co. Inc., ("The Agreement') and the appropriate City officials are
hereby authorized to execute the Agreement, attached hereto as "Exhibit 2", to provide
for the NW 77th Street Multi -purpose Pathway Project.
SECTION 3: An expenditure for a contract cost of $118,870.76 and a
contingency in the amount of $11,887.08, for a total project budget of $130,757.84 for
said purpose is hereby approved.
SECTION 4: Funding for the NW 77th Street Multi -purpose Pathway
Project for a contract cost of $118,870.76 and a contingency in the amount of
$11,887.08, for a total project budget of $130,757.84 is available in Project Number
G P 16A.
SECTION 5: The City Manager or his designee is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section
6-147 of the City Code, and close the contract award, which includes, but is not limited
to, making final payment and releasing bonds per Section 6-149 of the City Code, when
the work has been successfully completed within the terms, conditions and pricing of
the agreement.
C
Temp. Reso. 12785
6/8/2016
Page 4 of 4
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 7: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption. Fit
PASSED, ADOPTED AND APPROVED this
ATTEST:
REIMERS
i
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
d-k_
/Cf
SAMUEL S. GOREN
CITY ATTORNEY
day of �-s- 2016.
HA RY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER L
DIST 1: COMM. BUSHNELL -Z7
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER-
DIST 4: COMM. PLACKO
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NW 77TH STREET MULTI -PURPOSE PATHWAY PROJECT
BETWEEN THE CITY OF TAMARAC
UKED
WILLIAMS PAVING CO. INC.
THIS AGREEMENT is made and entered into this __P��day of 20_/�_ by
and between the City of Tamarac, a municipal corporation with Ancipai offices located at
7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Williams Paving Company, Inc. ., a
Florida corporation with principal offices located at 11300 NW south River Dive, Medley, FL 33178 (the
"Contractor") for BID NO. 16-11 B - NW 77TH STREET MULTI -PURPOSE PATHWAY
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. 16-11 B, 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
i 6- i 1 B as issued Uy City, anti Contractor's Proposai,- 16= i i _B as issued by City snail take
precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between
this document and any other Contract Document, 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.
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.
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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 General 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._ Insurance limits are outlined below:
Builder's Risk Insurance is required in an amount not less than the replacement cost
for the construction of the work. Coverage shall be "All Risk" coverage for one
hundred (100%) of the completed value.
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
substantially completed within one hundred twenty (120) calendar days from
issuance of City's Notice to Proceed, subject to any permitted extensions of
time under the Contract Documents. The work shall be completed (final
completion) within thirty (30) calendar days from issuance of substantial
completion, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, final 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 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 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
time for substantial completion hereunder and any resulting increase in general
condition cost.
5) Contract Sum
The Contract Sum for the above work. is: One Hundred Eiahteen Thousand, Eiaht
Hundred, Seventy Two Dollars and Sixteen Cents. I$118,872.16).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Retainage of ten percent (10%) will be deducted from monthly
payments until 50% of project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of work. Invoices must bear project name, project number and bid P.O.
number. City has up to thirty (30) days to review, approve and pay all invoices after
receipt. Contractor shall invoice the City and provide a written request to 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 warranty period
begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII,
Chapter 218. City desires to be able to make payments utilizing City's Visa
Procurement Card as a means of expediting payments. It is highly desirable that the
successful proposer have the capability to accept a Visa Procurement/Credit card as a
means of payment.
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
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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 excepi 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 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.
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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 City and Contractor for
any item requiring a change in the contract, and a change order has not been issued,
City reserves the right at its sole option to terminate the contract as it applies to these
items in question and make such arrangements as City deems necessary to complete
the work. The cost of any work covered by a change order for an increase or decrease
in the contract price shall be determined by mutual acceptance of a Guaranteed
Maximum Price by 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 not limited to costs of acceleration or inefficiency, arising because of
delay, disruption, interference or hindrance from any cause whatsoever, whether such delay,
disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that this provision shall not preclude recovery
of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any time
in the progress of the Work by an act or neglect of the City's employees, or separate
contractors employed by the City, or by changes ordered in the Work, or by delay authorized
by the City pending arbitration, then the Contract Time shall be reasonably extended by
Change Order, and the Guaranteed Maximum Price shall be reasonably increased by
Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress
of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions
not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's
control, or by other causes which the City and Contractor agree may justify delay, then the
Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall
be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to that extent specifically provided above. No
extension of time shall be granted for delays resulting from normal weather conditions
prevailing in the area as defined by the average of the last ten (10) years of weather data as
13ic1 Noi 16-1 1 S - ?VFW 7711� Patho,�ay PioVed - .Agrpe> e
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 and as additionally provided for in the contract documents. 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 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.
12) Indemnification
12.1 Contractor shall indemnify and hold harmless 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
Incc of lifer hnrlily or nchmnnni inh ini nr nrnnPrty rlamaoa innh it inn loss of i ige
thereof, directly or indirectly caused by, resulting from, arising out of or
occurring in connection with the operations of 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 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 claim may be made after the termination hereof.
12.2 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.
13) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor and its sub -contractors 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 sub-
contractors 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
..........._...............
eld No 16-11 B- MA 77,, S�reetM�afr-�arir��o e ': �t�„<t Frt�j�<;f Agleealeof
compensation; and selection for training, including apprenticeship. The Contractor and its
sub -contractors 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 sub -contractors, 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
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 oveitime-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
{Sick No, 16-11 z4 - f,J,,: 'ii, Stt,<,t-:t molt pfrrpa,"
Fort Lauderdale, FL 33308
14 to] NII I IlWATOR to]A
Williams Paving Company, Inc.
11300 SW S River Drive
Medley, FL 33178
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 the terminating party
to the other party for such termination in which event the Contractor shall be
paid its compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Contractor
abandons this Agreement or causes it to be terminated, Contractor shall
indemnify the city against loss pertaining to this termination.
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.
... _.. . 1.0.1, /A grecomenL SubjeCtto Funding ..
This agreement sha!! remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City of
Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
19) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
20) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
21) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting the validity or enforceability of
such provisions in any other jurisdiction. The non -enforcement of any provision by either
party shall not constitute a waiver of that provision nor shall it affect the enforceability of that
provision or of the remainder of this Agreement.
&d Na 16-11 n — NW ??!,'r S rr Fxt Mt;rrr <> rrA t r f� l hfay 'rc�r ';t A.c r r �r tit
22) Uncontrollable Circumstances
22.1 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.
22.2 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.
23) 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
e.,lnr_..4�enmen4 can be supplemented �nr/nr �mcn�nMnnly by a wri .t avaritarby
both the Contractor and the City.
24) 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.
25) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other than
a bona fide employee working solely for 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 Contractor, any fee, commission, percentage, gift or
any other consideration contingent upon or resulting from the award or making of this
Agreement
26) Public Records
......... __.........
Bid Nt . 163_11 B - NW 77!0 j¢tee, Ajtjttt-T>: ;T.Z?t: H F v tk ay Project -
26.1 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:
26.1.1 Keep and maintain public records required by the City in
order to perform the service;
26.1.2 Upon request from the City's custodian of public records,
provide the public agency with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in this chapter or as otherwise
provided by law.
26.1.3 Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the contract
term and following completion of the contract if the contractor does not
transfer the records to the City.
26.1.4 Upon completion of the contract, transfer, at no cost to the
City, all public records in possession of the Contractor, or keep and
maintain public records required by the City to perform the service. If the
Contractor transfers all public records to the City upon completion of the
contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. if the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records in a format that is compatible with the
information technology systems of the City.
26.2 During the term of the contract, the Contractor shall maintain all books,
reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract. The form of all records
and reports shall be subject to the approval of the City's Auditor. The Contractor
agrees to make available to the City's Auditor, during normal business hours and
in Broward, Dade or Palm Beach Counties, all books of account, reports and
records relating to this contract.
27. PUBLIC RECORDS CUSTODIAN
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CITY CLERK
Bid No. j _ 2 i ,�"< _ 1�u 1 /7?!i Sftc'£?f fVlol#s-�?(Il,t
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
1'�tl. �Ztte�t 1��.,t#;-p7�I(,)OS) Rl"fl
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President duly
authorized to execute same.
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ATT ��� COUs,
Patricia A. Teufel, CIVIC
City Clerk
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Date
ATTEST:
Signature of Corporate Secretary
Ronnie Smith
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
ITY UTA AC
Harry ressler, Mayor
r
Date
Approved s to form and legal sufficiency:
City �A4t&rnev _.
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Date
Williams Paving Company, Inc.
re of President
Jose Rodriguez
Type/Print Name A President
Kay 20, 2016
Date
�'rt.
t.:'?1 try?J.� . wh pf") c 't,'rr . E. , en!
STATE OF Florida
COUNTY OF
CORPORATE ACKNOWLEDGEMENT
Miami -Dade
SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Jose Rodriguez , President, Williams Paving Company, Inc. , a Florida
Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this
b PU KIMBERLY A
CALLEN
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�`� Notary Public State r29, 2018
Comm• Expires AP
= MY # FF 087970
4
E{ Faa Commission
`.i
loth day of May
20 16
Sig ure of Notary Public
State of Florida at Large
Kimberly A. Callen.. _
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
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