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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