HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-074Temp. Reso. #12807
June 8, 2016
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016--L
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 16-
22B TO CLOSE CONSTRUCTION, LLC, AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE THE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND CLOSE CONSTRUCTION, LLC, FOR AN
AMOUNT OF $220,010 FOR THE FILTER MEDIA
REPLACEMENT - PACKAGE FILTERS 5 AND 6 PROJECT
LOCATED AT THE TAMARAC UTILITIES WATER
TREATMENT PLANT SITE; A CONTINGENCY IN THE
AMOUNT OF $22,001 WILL BE ADDED TO THE PROJECT
ACCOUNT FOR A TOTAL AMOUNT OF $242,011;
AUTHORIZING AN EXPENDITURE FROM THE
APPROPRIATE ACCOUNTS; AUTHORIZING AN
APPROPRIATION OF $242,011; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Public Services Department Utilities Division of the City of
Tamarac is responsible for the operation and maintenance of the water and wastewater
utilities which requires the treatment and distribution of potable water in a safe, efficient
and economical manner; and
WHEREAS, to maintain the City's water consumption demands and to eliminate
potential health hazards in the event of additional filter system disruptions at the Utilities
Water Treatment Plant, the Filter Media Replacement - Package Filters 5 and 6 Project
(hereinafter "Filters 5 and 6") is critical; and
WHEREAS, $350,000 was budgeted as a Utilities 20-Year Capital Improvement
Project in FY 2018 to replace the filter media after an expected service life of 10 years;
however, the filters are "rock hard" due to lime buildup which has reduced the filter
capacity and shortened the service life from 10 years to 7 years; and
Temp. Reso. #12807
June 8, 2016
Page 2 of 5
WHEREAS, the replacement of the media in Filters 5 and 6 is necessary to
maintain maximum water production capabilities, ensure efficient treatment plant
operations and to maintain compliance with water quality standards; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 16-22B for the Filter
Media Replacement - Package Filters 5 and 6 Project in the Sun -Sentinel on April 24,
2016 (incorporated by reference and on file in the office of the City Clerk); and
WHEREAS, the City solicited competitive bids and on June 2, 2016, received,
opened and reviewed four (4) bids as follows:
COMPANY NAME
TOTAL BID $
Close Construction, LLC
$2201010
R.J. Sullivan Corporation
$234,567
Cypress Construction & Coating
$266,246
Florida Design Contractors, Inc.
$278,910
A copy of the Bid Tabulation is included herein as "Exhibit X; and
WHEREAS, Close Construction, 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 $242,011 is available from
Utilities Operational accounts, and
WHEREAS, it is the recommendation of the Director of Public Services and
Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 16-
1
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Temp. Reso. #12807
June 8, 2016
Page 3 of 5
22B, Filter Media Replacement - Package Filters 5 and 6 Project, and to execute
an agreement with Close Construction, LLC, for a contract cost of $220,010, and a
contingency in the amount of $20,001 will be added to the project account, for a total
project budget of $242,011 for this Filter Media Replacement - Package Filters 5 and 6
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. 16-22B, Filter Media Replacement - Package Filters 5 and 6 Project
and to execute an agreement with Close Construction, LLC, for a contract cost of
$220,010, and a contingency in the amount of $22,001 will be added to the project
account, for a total project budget of $242,011.
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. All exhibits referenced herein are incorporated within this resolution and
made a specific part hereof.
SECTION 2: The award of Bid No. 16-22B, Filter Media Replacement -
Package Filters 5 and 6 Project to Close Construction, LLC, is hereby authorized.
Temp. Reso. #12807
June 8, 2016
Page 4 of 5
SECTION 3: The appropriate City Officials are hereby authorized to
execute an agreement between the City of Tamarac and Close Construction, LLC, (a
copy of which is attached hereto as "Exhibit B") as part of said award.
SECTION 4: An expenditure for a contract cost of $220,010 and a
contingency in the amount of $20,001 for a total project budget of $242,011 is hereby
approved.
SECTION 5: An appropriation in the amount not to exceed $242,011 is
hereby approved and will be included in Budget Amendment Number Two in November
2016, 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 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.
E
Temp. Reso. #12807
June 8, 2016
Page 5of5
SECTION 9: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of la-&
2016. -
1
DIANE G - SER
VICE A OR
ATTEST:
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
-411a
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
4/1
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
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SAMU L S. GORE N
CITY ATTORNEY
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FILTER MEDIA REPLACEMENT - PACKAGE FILTERS 5 & 6
BETWEEN THE CITY OF TAMARAC
AND
Close Construction, LLC.
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THIS AGREEMENT is made and entered into this P day of 20x
by and between the City of Tamarac, a municipal corporation &ithrincipal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Close
Construction, LLC. a corporation with principal offices located at
301 NW 4th Ave, Okeechobee, FL 34972 (the "Contractor") to provide Filter Media
Replacement - Package Filters 5 & 6
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. 16-22 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 16-22 B as issued by the City, and the Contractor's
Proposal, 16-22 B as issued by the 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.
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 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:
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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
.
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2
the date that Contractor receives the City's Notice to Proceed. The work
shall be substantially completed within sixty (60) days from issuance of
City's Notice to Proceed, subject to any permitted extensions of time
under the Contract Documents. Final completion shall be fifteen (15)
calendar days from date of Substantial completion. 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
The Contract Sum for the above work is Two Hundred Twenty Thousand Ten
Dollars and Zero cents ($220,010.00).
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. The 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
from the Contractor's failure to perform in accordance with the requirements of this
Agreement.
16 22 3 /LTl�_:R , '_ F/ _ _, 5 & 6 A
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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 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
16-22 B n - RMEDl4 -Fh r-. vr�er,r
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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 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
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-22 B - ri. T-iI -D(A REP!iVENT -'ArK3L: FS 5 1
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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.
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
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13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, sex, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, sex, marital status, political affiliation, familial status,
sexual orientation, 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 shall
agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
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 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
3 - F!i TER Pi'EU(t r� '_�Cc ✓1`: "i 1" - AC,K, 'c Fi _ PFRS 5 & 6
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7
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
Close Construction, LLC
301 NW 4th Ave
Okeecobee, FI 34972
(863)467-0831
Danny(&-closeconstruction.us
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.
18) 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
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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.
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.
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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 Agreement can be supplemented and/or amended only by a written
document executed by 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) Public Records
25.1 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:
25.1.1 Keep and maintain public records required by the City
in order to perform the service;
25.1.2 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.
25.1.3 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.
25.1.4 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
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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.
25.2 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.
26) 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
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC.ORG
Remainder of Page Intentionally Blank
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
Thomas C. Close its president duly authorized to execute same.
A
CITY OF TAMARAC
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13
b1b u- - A Date
�<i �ATTEST: & C, 49a gCernech, ECity Ma ager
L
Patricia A. Teufel , C C Date
City Clerk
J
Date
"1*31111
Signature of Corporate Secretary
6)L\\`_�
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Approved as to for and legal sufficiency:
City ttorney
Date
Close Construction, LLC.
CompaV Name
S@Kature of President/Owner
Thomas C. Close
Type/Print Name of President/Owner
Date
77_ B G 4 R, ME_ �l r 1, . ,a rRS earn:;
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CORPORATE ACKNOWLEDGEMENT
STATE OF Y:\C)C
:SS
COUNTY OF C)\Lkj-C`nObEe :
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
of \owe C�yc't;ac� ; LLC.
a YAm \-do- � 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.
01-
WITNESS my hand and official seal this day of `�-SQPJ _ , 201k-L
MELISSA ANN STONE 3K-k—
STATENOTARY PuSUC G�OFFLORIDA Signature of Notary Public
Comrn#FFON597 State of Florida at Large
Expires 2/24/2018
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
N DID NOT take an oath.
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