HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-075Temp. Reso. # 12516
July 9, 2014
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 14-
16B TO AND APPROVING AN AGREEMENT WITH
HOMESTEAD CONCRETE AND DRAINAGE, INC., FOR
THE LIME BAY SIDEWALK INSTALLATION PROJECT,
LOCATED ALONG LIME BAY BOULEVARD BETWEEN
WESTWOOD BOULEVARD WEST AND WESTWOOD
BOULEVARD EAST, IN ACCORDANCE WITH BID NO. 14-
16B FOR A CONTRACT AMOUNT OF $107)716.61; A
CONTINGENCY IN THE AMOUNT OF $21 ,543.32 WILL BE
ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL
PROJECT BUDGET OF $129,259.93; AUTHORIZING AN
EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac desires to provide sidewalks and ADA
accessible ramps to enhance accessibility and pedestrian traffic within low -moderate
income areas of Tamarac; and
WHEREAS, sidewalk installation funding for low to moderate income
neighborhoods was provided for in Resolution R-2009-94, for the Community
Development Block Grant (CDBG) Program, FY 2009/2010 Annual Action Plan,
Resolution R-2010-103, CDBG FY 2010/2011 Annual Action Plan, Resolution R-2011-
69, CDBG FY 2011 /2012 Annual Action Plan, and Resolution R-2013-80, CDBG FY
2013/2014 Annual Action Plan, adopted on July 9, 2009, July 14, 2010, June 27, 2011,
and July 10, 2013, respectively, and is incorporated herein by reference and on file in
the office of the City Clerk; and
Temp. Reso. # 12516
July 9, 2014
Page 2
WHEREAS, the City published Invitation to Bid No.14-1613 for the construction
of the Lime Bay Sidewalk Installation Project, incorporated herein by reference and on
file in the office of the City Clerk; and
WHEREAS, on July 1, 2014 the City of Tamarac received six (6) proposals for
the Lime Bay Sidewalk Installation Project, with Homestead Concrete and Drainage,
Inc., being the lowest responsive and responsible bidder, a bid tabulation attached
hereto as Exhibit "1 ", incorporated herein and made a specific part of this resolution;
and
WHEREAS, Homestead Concrete and Drainage, Inc., possesses the required
knowledge and experience for the construction of the proposed project and has agreed
to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid
No. 14-1613; and
WHEREAS, it is the recommendation of the Public Services Director and the
Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 14-
16B and execute the agreement with Homestead Concrete and Drainage, Inc., for the
construction of the Lime Bay Sidewalk Installation Project, attached hereto as Exhibit
"2", incorporated herein and made a specific part of this resolution; and
Temp. Reso. # 12516
July 9, 2014
Page 3
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to award Bid No. 14-
16B and execute the agreement for the construction of the Lime Bay Sidewalk
Installation Project with Homestead Concrete and Drainage, Inc., for a contract cost of
$107,716.61 and a contingency in the amount of $21,543.32 will be added to the Project
Account, for a total project budget of $129,259.93.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA THAT:
SECTION 1:
The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2:
The City Commission hereby awards Bid No. 14-16B to
Homestead Concrete and Drainage, Inc., and approves an Agreement between the City
of Tamarac and Homestead Concrete and Drainage, Inc., ("the Agreement") and the
appropriate City Officials are hereby authorized to execute the Agreement, hereto
attached as "Exhibit 2", to provide for the construction of the Lime Bay Sidewalk
Installation Project located along Lime Bay Boulevard between Westwood Boulevard
West and Westwood Boulevard East.
Temp. Reso. # 12516
July 9, 2014
Page 4
SECTION 3: An expenditure for a contract cost of $107,716.61 , and a
contingency in the amount of $21,543.32 for a total project budget of $129,259.93 is
hereby approved.
SECTION 4:
The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) 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 5:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6:
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 7:
passage and adoption.
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED thisqt4-day of
ATTEST:
,CMC
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
Temp. Reso. # 12516
July 9, 2014
Page 5
f , 2014.
W-
AR Y DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNE L t� 0
DIST 2: V/M GOMEZ
DIST 3: COMM. GLAS ER
DIST 4: COMM. PLACKO 4�V�
Of
I R 1151b
Exhibit 1
14w16B LIME BAY SIDEWALK INSTALL
BEJAR CONSTRUCTION, INC. $139,105.00
ARZ BUILDERS, INC. $160,060.00
DPI)EVELOPMENTOFTHETREASURE $180,498-00
COAST, LLC.
OPENED: 7/01/2014 @ 1:00 PM
All recommendations for award are unofficial until City Commission approval.
AGREEMENT
BETWEEN THE CITY OF TAMARAC
HOMESTEAD CONCRETE & DRAINAGE, INC.
THIS AGREEMENT is made and entered into this / day of
2014 by and between the City of Tamarac, a municipal corporation with p incipal
offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
Homestead Concrete & Drainage, Inc., a Florida corporation with principal offices
located at 221 SW 4th Ave., Homestead, FL 33030 (the "Contractor") for the Lime
Bay Sidewalk Installation Project.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1 ) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 14-16B,
including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all
addenda, Federal Labor Standards Provisions HUD 4010, 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 14-16B as issued by City, and Contractor's
Proposal, 14-16B 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.
Work for this project includes, but is not limited to the construction of concrete
sidewalks, concrete curbs and gutters, installation and/or modification to drainage
structures, concrete/asphalt aprons, aluminum pipe guiderails, ADA ramps with liquid
applied detectable warning mats, earthwork, site preparation, clearing and grubbing,
restoration, irrigation, and landscaping, as well as all appurtenances and other
incidentals as indicated by the drawings and technical specifications or as required to
properly complete the project as intended.
Work for this project may be wholly or in part, federally funded by Housing and Urban
Development (HUD) — Community Development Block Grant (CDBG). When such
funding is provided, Contractor shall comply with all terms, conditions and
requirements enumerated by the grant funding source, as well as requirements of
Florida Statute, the Tamarac City Charter or City Code, whichever is the more
restrictive requirement. When using Federal Funding, Contractor shall comply with all
wage and reporting provisions of the Federal Davis -Bacon Act, weekly payroll
submission requirements and acceptance of employee field monitoring.
1 Agreement
i
Note: "Recipients, Contractors, Subcontractors that receive federal assistance,
specifically from HUD, are encouraged to provide, to the greatest extent feasible,
training, employment, and contracting opportunities generated by the expenditure of this
assistance to low and very low income persons, and business concerns owned by low
and very low income persons, or which employ low and very low income persons."
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.
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.
2 Agreement
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's General Liability Insurance policies shall be
endorsed to add the City as an additional insured. Contractor shall be
responsible for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be substantially completed within (120) calendar days from issuance
of City's Notice to Proceed, subject to any permitted extensions of time
under the Contract Documents. For the purposes of this Agreement,
completion shall mean the issuance of final payment.
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by City in accordance with the Schedule included in
the Contract Documents. In the event that any delays in the pre -
construction or construction portion of the work occur, despite diligent
efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of time for substantial
completion hereunder and any resulting increase in general condition cost.
5) Contract Sum
The Contract Sum for the above work is One Hundred Seven Thousand Seven
Hundred Sixteen Dollars and sixty one cent ($107,716.61), based on lump sum and unit
prices provided in Contractor's bid response received July 1, 2014.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Retainage of ten percent (10%) will be deducted from monthly
payments until 50% of project is complete. Retainage will be reduced to five
percent (5%) thereafter. Retainage monies will be released upon satisfactory
completion and final inspection of work. Invoices must bear project name, project
number and bid P.O. number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. Contractor shall invoice the City and provide a
written request to City to commence the one (1) year warranty period. All
necessary Releases of Liens and Affidavits and approval of Final Payments shall
be processed before warranty period begins. All payments shall be governed by
Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able
to make payments utilizing City's Visa Procurement Card as a means of
expediting payments. It is highly desirable that the successful proposer have the
capability to accept a Visa Procurement/Credit card as a means of payment.
3 Agreement
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by the
City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall be
the sole judge of non-conformance and the quality of workmanship.
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and executed
by the City and Contractor. Once the change order is so approved, the Contractor
shall promptly proceed with the work. All Change Orders shall include overhead
and profit, not to exceed five percent (5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to
authorized adjustments, if applicable) payable to the Contractor for performing the
work. All duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract Price or
Time except as approved in writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order.
A fully executed change order for any extra work must exist before such extra work
is begun. Any claim for an increase or decrease in the Contract Price shall be
based on written notice delivered by the party making the claim to the other party
promptly (but in no event later than 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.
4 Agreement
8.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later than
fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of
the extent of the claim shall be delivered with supporting data and stating the
general nature of the claim. Contractor hereby agrees to waive rights to recover
any lost time or incurred costs from delays unless Contractor has given the notice
and the supporting data required by this Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be granted for
delays to the work, unless the Contractor can clearly demonstrate that such delays
did or will, in fact, delay the progress of work as a whole. Time extensions shall not
be allowed for delays to parts of the work that are not on the critical path of the
project schedule. Time extensions shall not be granted until all float or contingency
time, at the time of delay, available to absorb specific delays and associated
impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by City and
Contractor for any item requiring a change in the contract, and a change order has
not been issued, City reserves the right at its sole option to terminate the contract
as it applies to these items in question and make such arrangements as City
deems necessary to complete the work. The cost of any work covered by a change
order for an increase or decrease in the contract price shall be determined by
mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If
notice of any change in the contract or contract time is required to be given to a
surety by the provisions of the bond, the giving of such notice shall be the
Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the
City Failure of the Contractor to obtain such approval from the Surety may be a
basis for termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
5 Agreement
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
deliveries, adverse weather conditions not reasonably anticipated, unavoidable
casualties or other causes beyond the Contractor's control, or by other causes which
the City and Contractor agree may justify delay, then the Contract Time shall be
reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting
delay, in accordance with and to that extent specifically provided above. No extension
of time shall be granted for delays resulting from normal weather conditions prevailing in
the area as defined by the average of the last ten (10) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment and as additionally provided for in the contract documents. In the
event that defect occurs during this time, Contractor shall perform such steps as
required to remedy the defects. Contractor shall be responsible for any damages
caused by defect to affected area or to interior structure. The warranty period does not
begin until approval of final payment for the entire project, and the subsequent release
of any Performance or Payment Bonds, which may be required by the original bid.
12) Indemnification
12.1 Contractor shall indemnify and hold harmless City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with 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
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of City or its elected or appointed officials
and employees. The above provisions shall survive the termination of this
Agreement and shall pertain to any occurrence during the term of this
Agreement, even though claim may be made after the termination hereof.
6 Agreement
12.2 Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
768.28, as amended from time to time.
13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Contractor will take affirmative action to ensure that employees
are treated during employment, without regard to their race, color, sex, religion, age,
national origin, 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.
7 Agreement
16) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N .W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Homestead Concrete&Drainage, Inc.
221 SW 4th Ave.
Homestead, FL 33030
(305) 248-9649
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 program may be wholly or in part, federally funded by Housing and Urban
Development (HUD) —Community Development Block Grant (CDBG); therefore, this
agreement shall remain in full force and effect only as long as the expenditures provided
for in the Agreement have been appropriated by the City Commission of the City of
8 Agreement
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
Contractor shall provide 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 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.
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
9 Agreement
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) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other
than a bona fide employee working solely for Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement
26) Public Records
26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
26.1.1 Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
26.1.2 Provide the public with access to such public records on the same terms s
that the City would provide the records and at a cost that does not exceed
that provided in chapter 119, Fla. Stat., or as otherwise provided by law;
26.1.3 Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
26.1.4 Meet all requirements for retaining public records and transfer to the City, at
no cost, all public records in possession of the contractor upon termination
of the contract and destroy any duplicate public records that are exempt or
confidential and exempt. All records stored electronically must be provided
to the City in a format that is compatible with the information technology
systems of the agency.
26.2 The failure of Contractor to comply with the provisions set forth in this Article shall
constitute a Default and Breach of this Agreement and the City shall enforce the Default
in accordance with the provisions set forth in Article 17, "Termination", herein.
10 Agreement
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President duly authorized to execute same.
City Clerk
Vj
Date
ATTEST:
`XXO 11 I III /0,/
A R �q Rio
CC
• .0
r ! •
• I
or 0
�o
1 16 1 1 pro
8ign-ature of Corporate cretary
��7E o
Tj�o- t �e04910brporate Secy.
.A
.CD • t, �,1
DRA E
*Sf- A 0
Harry
ITV\0F T
,ier, mayor
q -'0 11 -0- 1
ARAC
Approved as to form and legal sufficiency:
City Attorney
-� I g I I L-k
Date
Homestead Concrete & Drainage, Inc.
Company,Dkam,e
— )C-
Signature of President
Alfredo Cordero
Type/Print Name of President
-�(6
Date
11 Agreement
CORPORATE ACKNOWLEDGEMENT
STATE OF -20 Val
AjajY�t
��COUNTY OF o`�`k:SS
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Alfredo Cordero, President, Homestead Concrete & Drainage, Inc. , a Florida
Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this , day of
, 2014.
�.,��'�•. S. .� Qtadjolic
} if ILI rge
' ' m # FF 06958
Ttao nai t a xy
Print, Type or Stamp
Name of Notary Public
Pg Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
75 Agreement