HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-119CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014/9
A RESOLUTION OF THE CITY COMMISSION OF T
TAMARAC, FLORIDA, AWARDING BID NO. 14-23B TO AN[
AN AGREEMENT WITH AGC ELECTRIC INC. PER BID NO.
CONTRACT AMOUNT OF $269,384.77 AND A CONTIN(
AMOUNT OF $26,938.48, WILL BE ADDED TO THE PR(
TOTAL PROJECT BUDGET OF $296,323.25; AUTH
EXPENDITURE IN THE AMOUNT OF $296,323.25
Temp. Reso. TR 12571
Page 1 of 5
November 12, 2014
iE CITY OF
APPROVING
14-23B FOR A
ENCY IN AN
JECT FOR A
)RIZING AN
FROM THE
APPROPRIATE ACCOUNTS; AUTHORIZING AN APPRO RIATIO
$46,323.25; PROVIDING FOR CONFLICTS; PROVIDING
SEVERABI LITY; AND PROVIDING FOR AN EFFECTIVE DATE.
N OF
FOR
WHEREAS, the City of Tamarac is vulnerable to a variety) of natural disasters
including hurricanes and tornadoes; and
WHEREAS, the impact of a major disaster would likely result in extended loss of
power to City facilities and such loss of power would severely impa
delay or limit the City's ability to respond to such events; and
operations and may
WHEREAS, the City of Tamarac strives to keep its public facilities and buildings
maintained in a high level for its residents, citizens, and employees; and
WHEREAS, Public Services staff has determined that the
mergency generator
powering the Public Services Complex Buildings located at 6001 Nod Hill Road and 6011
Temp. Reso. TR12571
Page 2of5
November 12, 2014
Nob Hill Road needs to be upgraded to safely and effectively provide emergency power for
essential services; and
WHEREAS, the City of Tamarac publicly advertised Bid No. 14-23B for the Public
Services Generator Installation Project; incorporated herein by reference and on file in the
office of the City Clerk; and
WHEREAS, on October 9, 2014, four (4) bids were opened and reviewed in order to
determine cost and responsiveness to the City's technical specifications, a bid tabulation is
attached hereto as "Exhibit 1 ", incorporated herein and made a specific part of this
resolution; and
WHEREAS, upon review of proposals by City staff, it was determined AGC Electric
Inc., submitted the lowest responsive and responsible bid and, meets the minimum
experience requirements for the project; and
WHEREAS, AGC Electric Inc., possesses the required knowledge and experience
for the Public Services Generator Installation Project and has agreed to the Terms and
Conditions, Special Conditions, and Technical Specifications of Bid No. 14-2313; and
WHEREAS, it is the recommendation of the Public Services Director, the Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials award Bid No. 14-23B and execute an Agreement with AGC Electric Inc., for the
Public Services Generator Installation Project, attached hereto as
herein and made a specific part of this resolution; and
WHEREAS, the City Commission of the City of Tamarac, d
interest of the citizens and residents of the City of Tamarac to awa
Temp. Reso. TR12571
Page 3 of 5
November 12, 2014
hibit "T, incorporated
s it to be in the best
Bid No. 14-23B and
execute the agreement for the AGC Electric Inc., for a contract amount of $269,384.77; a
contingency in the amount of $26,938.48 will be added to the projei
project budget of $296,323.25.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY C
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1:
The foregoing "WHEREAS" clauses a
confirmed as being true and correct and are hereby made a specific
account, for a total
MMISSION OF THE
hereby ratified and
art of this Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION I
The City Commission HEREBY awards Bi
Electric Inc., and approves an Agreement between the City of Tama
No. 14-23B to AGC
c and AGC Electric
Inc., ("the Agreement") and the appropriate City Officials are hereby authorized to execute
the Agreement, hereto attached
Generator Installation Project.
as "Exhibit 'T', to provide for the Public Services
Temp. Reso. TR12571
Page 4 of 5
November 12, 2014
SECTION I An appropriation in the amount not to exceed $46,323.25 is
hereby approved and will be included in a Budget Amendment, pursuant to F.S.
166.241(2).
SECTION 4:
An expenditure for a contract amount of $269,384.77; a
contingency in the amount of $26,938.48 will be added to the project account, for a total
project budget of $296,323.25 for said purpose is hereby approved.
SECTION 5:
The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-147 (j) of the City Code,
and close the contract award including, but not limited to making final payment within the
terms and conditions of the contract and within the contract price.
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:
passage and adoption.
Temp. Reso. TR12571
Page 5 of 5
November 12, 2014
This Resolution shall become effective immediately upon its
q-� N
PASSED ADOPTED AND APPROVED this 1cfA _ day of,
ATTEST:
TRI GIA- IFE U F E L
CITY CLERK
A
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
of VW CN
SAMUEt S. 6bR-
E
CITY ATTORNEY
) L/j! -, /-, t
HARRY DRESSLE
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNEL
DIST 2: VICE MAYOR GO EZ
DIST 3: COMM. GLASSE
DIST 4: COMM. PLACKO LAa...
72014.
TR 12571
Exhibit 1
BID TABULATION
PUBLIC SERVICES GENERATOR ADDITIO
BID NO. 14-23B
OPENED: 10/09/14
AGC ELECTRIC, INC.
EXTENDED (3) YR. WARRANTY
ALL FLORIDA CONTRACTING SVCS.
FHP TECTONICS CORP.
MEGAWATTAGE, LLC
$265,735.00
3l649.77
296,800.00
4,093.00
299,379.00
3,820.00
414,980.00
3,411.00
Note: All recommendations for award are unofficial until Board approval.
PROJECT
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
AGC ELECTRIC, INC.
THIS AGREEMENT is made and entered into this ay c
2014 by and between the City of Tamarac, a municipal corporal
offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (th(
AGC Electric Inc., a Florida corporation with principal offices loc
79th Street, Hialeah, FL 33016 (the "Contractor") for the Tamara
Generator Replacement Project.
Now therefore, in consideration of the mutual covenants herein
City and Contractor agree as follows:
on with principal
"CITY") and
3ted at 2660 W
Public Services
fter set forth, the
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Docu ent No. 14-23B,
including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions), drawings, Technical Specifications, II addenda, the
Contractor's bid/proposal included herein, and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, anc 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 14-2313 as issued by City, and Contrac or's Proposal, 14-
23B 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
Document, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City requin
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials,
necessary to complete the scope of work, at,
contract documents.
2.1.2 Contractor shall supervise the work force to ensu
conduct themselves and perform their work
professional manner. Contractor shall comply wit
rules and regulations in the operation of equi f
performance of the work. Contractor shall at
competent field supervisor on the job site to enfc
and procedures at the Contractor's expense.
:d by the contract
and equipment
outlined in the
•e that all workers
in a safe and
i all OSHA safety
►ment and in the
all times have a
rce these policies
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
1 Agreement
2.1.4
3) Insurance
to any schedule change with the exception of
inclement weather.
anges caused by
Contractor shall comply with any and all Federa , State, and local
laws and regulations now in effect, or hereinaft r enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, ith respect to the
work and services described herein. 7
3.1. Contractor shall obtain at Contractor's expense all nece:
such form and amount as specified in the original bic
required by the City's Risk and Safety Manager befor
under this Agreement including, but not IiMitE
Compensation, Commercial General Liability, Builder's
insurance as required by the City, including Professio
appropriate. Contractor shall maintain such insurance
effect during the life of this Agreement. Contractor sr
City's Risk and Safety Manager Certificates of all In;
under this section prior to beginning any work under thi
Contractor will ensure that all subcontractors comply
guidelines and will retain all necessary insurance in for
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless
resulting from failure of the Contractor to take out a
-insurance. Contractor's General Liability Insurance
endorsed to add the City as an additional insured. C
responsible for payment of all deductibles and self-insur,
Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement sha
after City execution of the Agreement and not later than 1
the date that Contractor receives the City's Notice to P
shall be substantially completed within (210) calendar d(-
of City's Notice to Proceed, subject to any permitted E
under the Contract Documents. For the purposes of
completion shall mean the issuance of final payment.
4.2 During the pre -construction portion of the work heret
agree to work diligently and in good faith in performini,
hereunder, so that all required permits for the construc
work may be obtained by City in accordance with the Sc
the Contract Documents. In the event that any dE
construction or construction portion of the work occu
efforts of the parties hereto, and such delays are tt
;sary insurance in
document or as
e beginning work
d to, Workers'
Risk and all other
nal Liability when
in full force and
all provide to the
►urances required
31 Agreement. The
with the above
ce throughout the
for any damages
id maintain such
policies shall be
:)ntractor shall be
ince retentions on
be rcommenced
en (10) days after
roceed. The work
rys from issuance
xtensions of time
this Agreement,
nder, the parties
i their obligations
ion portion of the
iedule included in
lays in the pre -
despite diligent
e result of force
Agreement
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 Two Hundred
Sixty
Ni
e Thousand
Three
Hundred
Eight
Four
Dollars
and
seventy-seven
cents
($
69,384.77).
6) Payments
Payment will be made monthly for work that has been complet
properly invoiced. Retainage of ten percent (10%) will be dedu
payments until 50% of project is complete. Retainage will b
percent (5%) thereafter. Retainage monies will be released
completion and final inspection of work. Invoices must bear pro
number and bid P.O. number. City has up to .thirty (30) days t
and pay all invoices after receipt. Contractor shall invoice the (
written request to City to commence the one (1) year wa
necessary Releases of. Liens and Affidavits and approval of Fin
be processed before warranty period begins. All payments shc-
Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City
to make payments utilizing City's Visa Procurement Card
expediting payments. It is highly desirable that the successful
capability to accept a Visa Procurement/Credit card as a meanE
7) Remedies
7.1 Damages: The City reserves the right to recover any ac
damages incurred as a result of the failure of the Contrac
accordance with the requirements of this Agreement, or for losse
City resultant from the Contractor's failure to perform in acc
requirements of this Agreement.
�d, inspected and
�ted from monthly
DA reduced to five
upon satisfactory
ject name, project
review, approve
;ity and provide a
rranty period. All
al Payments -shall
II be governed by
Desires to be able
as a means of
>roposer have the
of payment.
ertainable actual
it to perform in
sustained by the
rdance with the
7.2 Correction of Work: If, in the judgment of the City, wor 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 c{
without notice to any surety, the City reserves and shall have
increases, decreases or other changes to the work as ma
necessary or desirable to complete the proposed construction
manner. The Contractor shall not start work pursuant to a chan
change order setting forth the adjustments is approved by the C
by the City and Contractor. Once the change order is so approv(
3
)mpensation, and
:he right to make
y be considered
in a satisfactory
ge order until the
ity, and executed
:d, the Contractor
Agreement
shall promptly
proceed with
the work. All Change Orders
shall
and
profit,
not
to exceed
five
percent
(5%) and
five percent
(5%)
8.2 The Contract Price constitutes the total compenc
authorized adjustments, if applicable) payable to the Contractor
work. All duties, responsibilities and obligations assigned to or
Contractor shall be at Contractor's expense without change in th
Time except as approved in writing by the City.
include overhead
-espectively.
ition (subject to
or performing the
indertaken by the
Contract Price or
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 claimants 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
Charge
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 b based on written
notice delivered by the party making the claim to the other p rty no later than
fifteen (15) days after the occurrence of the event giving ,rise to t e 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 bas d solely upon the
effect of delays to the work as a whole. Extensions of time shall of be granted for
delays to the work, unless the Contractor can clearly demonstrat that such delays
did or will, in fact, delay the progress of work as a whole. Time a tensions 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 reac led 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 require to be given to a
4 Agreement
surety by the provisions of the bond, the giving of such notice shall be the
Contractor's responsibility, and the amount of each applicab a 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 DOCUMEN
S ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HE
EIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTE
SION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY R
ASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the co
r!struction cost ort
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, disruptio
, 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 Cit
'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 Maxim
m Price shall be
reasonably increased by Change Order in order to equitably incr
ase the general
conditions component of the Guaranteed Maximum Price. Furthermo
e, 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 anticipa
ed, unavoidable
casualties or other causes beyond the Contractor's control, or by of
er 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
or 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
submitted by all suppliers, subcontractors, and/or Contractors wh(
project that is the subject of this Agreement. Payment of the invoice a
such payment by the Contractor shall release City from all clair
Contractor in connection with the agreement.
M
of lien shall be
worked on the
n d acceptance of
ns of liability by
Agreement
11) Warranty
Contractor warrants the work against defect for a period of two (2) years .plus an
additional three (3) year extended warranty period (Add Alternate 1A in Bid Schedule),
from date of final payment and as additionally provided for in the cont ct documents. In
the event that defect occurs during this time, Contractor shall perfo m such steps as
required to remedy the defects. Contractor shall be responsible or 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 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,
appointed officials, employees, and agents from any any
actions, damages, liability, and expenses (including a
connection with loss of life, bodily or personal injury, or
including loss of use thereof, directly or indirectly cau
from, arising out of or occurring in connection with 1
Contractor or its officers, employees, agents, sL
independent Contractors, excepting only such loss
personal injury, or property damage solely attributal
negligence or willful misconduct of City or its elected or
and employees. The above provisions shall survive the
Agreement and shall pertain to any occurrence during
Agreement, even though claim may be made after the tei
12.2 Nothing contained herein is intended nor shall be co
City's rights and immunities under the common law of
768.28, as amended from time to time.
13) Non -Discrimination &Equal Opportunity Employment
During performance of Contract, Contractor shall not discrim
employee or applicant for employment because of race, color, sl
national origin, marital status, political affiliation, familial status, sexy
disability if qualified. Contractor will take affirmative action to ensur
are treated during employment, without regard to their race, color,
national origin, marital status, political affiliation, familial status, sext
disability if qualified. Such actions must include, but not be limited
employment, promotion; demotion or transfer; recruitment or recruit
layoff or termination; rates of pay or other forms of compensation;
training, including apprenticeship. The Contractor shall agree to po;
places, available to employees and applicants for employment, notice
by the contracting officer setting forth the provisions of this nondisci
The Contractor further agrees that he/she will ensure that Subcontract
made aware of and will comply with this nondiscrimination clause.
09
its elected and
1 all claims, suits,
ttorneys' fees) in
)roperty damage,
sed by, resulting
he operations of
ibcontractors, or
A life, bodily or
)le to the gross
appointed officials
.ermination of this
the term of this
mination hereof.
nstrued to waive
Florida Statutes
inate against any
.1K religion, age,
aal orientation, or
that employees
,ex, religion, age,
jai orientation, or
to, the following:
ment advertising,
and selection for
31 in conspicuous
;s to be provided
-imination clause.
ors, if any, will be
Agreement
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. Insu
ance 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 he
eunder 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 util
ze a high level of
skill necessary to perform the work. This Agreement shall not be con
trued as creating
any joint employment relationship between the Contractor and the Cit
and the City will
not be liable for any obligation incurred by Contractor, including but no
limited to unpaid
minimum wages and/or
overtime
premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance
Agreement without the prior consent of the City. This Agreement, or al
shall not be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreem(
to any other party, it must be given by written notice either delivered in
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or
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,
required by this
iy portion thereof,
)nt to give notice
person, sent by
by messenger
7 Agreement
CONTRACTOR
AGC Electric, Inc.
2660 W 79th Street
Hialeah, FL 33106
(305) 823-2280
17) Termination
17.1 Termination for Convenience: This Agreement may
the City for convenience, upon seven (7) days of writ
terminating party to the other party for such termination 1
Contractor shall be paid its compensation for servi(
termination date, including services reasonably related
the event.that the Contractor abandons this Agreement
terminated, Contractor shall indemnify the city against
this termination.
17.2 Default by Contractor: In addition to all other -remedie
City, this Agreement shall be subject to cancellation by t
should the Contractor neglect or fail to perform or ob
terms, provisions, conditions, or requirements herein (
neglect or failure shall continue for a period of thirty (30)
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
expenditures provided for in the Agreement have been approprit,
Commission of the City of Tamarac in the annual budget for each 1
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 F
hereafter in force. The venue for actions arising out of this agre+
Broward County, Florida.
20) Signatory Authority
The Contractor shall provide the City with copies of requisi
evidencing that the signatory for Contractor has the authority t+
Agreement.
21) Severability; Waiver of Provisions
be terminated by
ten notice by the
n which event the
:es performed to
to termination. In
or causes it to be
loss pertaining to
s available to the
he City for cause,
serve any of the
;ontained, if such
days after receipt
as long as the
ited by the City
Fiscal year of this
lorida as now and
�ment is fixed in
documentation
enter into this
Any provision in this Agreement that is prohibited or une forceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of uch prohibition or
unenforceability without invalidating the remaining provisions hereo or affecting the
validity or enforceability of such provisions in any other jurisd ction. , The non -
Agreement
enforcement of any provision by either party shall not constitute
provision nor shall it affect the enforceability of that provision or of the
Agreement.
22) Uncontrollable Circumstances
22.1 Neither the City nor Contractor shall be considered to bi
Agreement if delays in or failure of performance
Uncontrollable Forces, the effect of which, by the exer(
diligence, the non -performing party could not a
"Uncontrollable Forces" shall mean any event whic
prevention or delay of performance by a party of its obli
Agreement and which is beyond the reasonable
nonperforming party. It includes, but is not limited to fire, f
storms, lightning, epidemic, war, riot, civil disturbance
governmental actions.
22.2 Neither party shall, however, be . excused from
nonperformance is due to forces, which are preventok
remediable, and which the nonperforming party couli
exercise of reasonable diligence, prevented, removed,
reasonable dispatch. The nonperforming party shall, wi
time of being prevented or delayed from performance by
force, give written notice to the other party describing 1
and uncontrollable forces preventing continued per
obligations of this Agreement.
23) Merger; Amendment
This Agreement constitutes the entire Agreement between t
the City, and negotiations and oral understandings between the p
herein. This Agreement 'can be supplemented and/or amended
document executed by both the Contractor and the City.
24) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this
from the negotiation process in which each party was representec
contributed to the drafting of this Agreement. Given this fact, r
presumptions against the party drafting this Agreement concerninc
interpretation or otherwise accrue to the benefit of any party to the
each party expressly waives the right to assert such a presumption it
or disputes connected with, arising out of, or involving this Agreement.
CS
r
a waiver of that
remainder of this
3.1 in default of this
shall be due to
,ise of reasonable
void. The term
h results in the
gations under this
control of the
ood, earthquakes,
sabotage, and
performance if
le, removable, or
J have, with the
or remedied with
:hin a reasonable
an uncontrollable
he circumstances
ormance of the
ie Contractor and
irties are merged
)nly by a written
►greement results
by counsel and
o legal or other
its construction,
Agreement, and
any proceedings
Agreement
25) Contingent Fees
Contractor warrants it has not employed
or retained any
compa
y
or person, other
than a bona fide employee working solely
for Contractor
to soli
it
or secure this
Agreement and that it has not paid or agreed to pay any person, com
individual or firm, other than a bona fide employee working solely for C
commission, percentage, gift or any other consideration contingent upo
the award or making of this Agreement.
26) Public Records
26.1 The City of Tamarac is a public agency subject to Chapter 119, F
The Contractor shall comply with Florida's Public Records Law. Specific
Contractor shall:
26.1.1 Keep and maintain public records that ordinarily and necE
required by the City in order to perform the service;
26.1.2 Provide the public with access to such public records on t
that the City would provide the records and at a cost that
that provided in chapter 119, Fla. Stat., or as otherwise p
26.1.3 Ensure that public records that are exempt or that are con
exempt from public record requirements are not disclosed
authorized by law; and
26.1.4 Meet all requirements for retaining public records and tran
no cost, all public records in possession of the contractor 1
of the contract and destroy any duplicate public records th
confidential and exempt. All records stored electronically r
to the City in a format that is compatible with the informaS
systems of the agency..
26.2 The failure of Contractor to comply with the provisions set forth i
constitute a Default and Breach of this Agreement and the City shall er
in accordance with the provisions set forth in Article 17, "Termination",
any, corporation,
ntractor, any fee,
or resulting from
lorida Statutes.
Ily, the
rily would be
ie same terms s
loes not exceed
)vided by law;
Fidential and
except as
sfer to the City, at
ipon termination
at are exempt or
nust be provided
)n technology
this Article shall
)rce the Default
:rein.
10 Agreement
IN WITNESS WHEREOF, the parties have made and execut(
on the respective dates under each signature. CITY OF TAMARA(
through its Mayor and City Manager, and CONTRACTOR, signing t
President duly authorized to execute same.
Patricia A.
City Clerk
Date
ATTEST:
Teufel, Q
ignature oPCorporate Secretary
Pierrette De La Sierra
id this Agreement
signing by and
y and through its
OF XAMARAC
Harry ressler, Mayor
Date
�dli6hffef �C�rrf ch, City anager
I t 13 .. "
Date
Approved.a§ to form and
City Atto ey
Date
AGC
Com
Nam
nc.
ian"of President
Tomas Curbelo
gal sufficiency:
Type/Print Name of Corporate Secy. Type/Print Name of Presioent
(CORPORATE SEAL)
Date
11 Agreement
CORPORATE ACKNOWLEDGEMENT
STATE OF •
:SS
COUNTY OF •
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
Tomas Curbelo, President, AGC Electric, Inc., a Florida Corporation,
me known to be
the person(s) described in and who executed the foregoing instrument/ and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of
014.
Signature of Notary Public
State pf Florida at Large
Print, Type or Stamp
Name of Notary Public
❑❑ Persona�y known to me or
Prod ced Identification
0
■
Type of I.D. Produced
DI
DID
take an oath, or
OT take an oath.
84 Agreement
0
City of Tamarac
rP-. HE - - -0. �004. 101
Purchasing and Contracts Divisi . on
CORPORATE ACKNOWLEDGEMENT
STATE OF Florida
Miami -Dade :SS
COUNTY OF
I HEREBY CERTIFY that on
this day,
before
me, an Officer duly aul
aforesaid and in the County
aforesaid
to take
acknowledgments, pe
Tomas V. Curbelo , President,
AGC Electric, Inc.
orized in the State
onally appeared
, 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. day of October 22, � 20 14.
�� r�'•,S' b l is
'. MR e. e1P .&61k rge
comi, ission # FF 095275
rint, Type or Stamp
N me of NotaryPublic
❑ Perso ally known to me or
21 Pr duced Identification
Driver's Licen
Type of I.D. Produced
DID take an oath, or
DI NOT take an oath.
Agreement