HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-130Temp. Reso. # 12258
November 28, 2012
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012130
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 12-
13R TO AND APPROVING AN AGREEMENT WITH JMW
CONSTRUCTION CORPORATION FOR THE
DESIGN/BUILD OF THE SPORTS COMPLEX PRESS BOX
PROJECT IN ACCORDANCE WITH BID NO. 12-13R FOR
A CONTRACT AMOUNT OF $158,650.00; A
CONTINGENCY IN THE AMOUNT OF $23,800.00 WILL BE
ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL
PROJECT BUDGET OF $182,450.00; AUTHORIZING AN
EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
AUTHORIZING BUDGET AMENDMENTS FOR PROPER
ACCOUNTING PURPOSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City of Tamarac desires to provide its residents and visitors a
higher level of service by enhancing and improving its outdoor recreation facilities and
environment; and
WHEREAS, Tamarac Sports Complex, located at 9901 NW 77th Street, provides
recreational facilities and programs to thousands of athletes and city residents each and
every year; and
WHEREAS, Due to increasing usage and popularity of the two football fields
located at the Sports Complex, The Public Services and Parks and Recreation
Departments are proposing adesign/build two story press box/storage facility project to
support the athletic leagues and increasing usage of the two football fields; and
WHEREAS, the proposed two story press box/storage facility will feature a first
floor storage room for athletic league equipment and a second floor press/announcer
box; and
Temp. Reso. # 12258
November 28, 2012
Page 2
WHEREAS, the City published Request for Proposal RFP #12-13R for the
design/build of the Sports Complex Press Box Project; and
WHEREAS, Request for Proposals RFP #12-13R (Steps 1 & 2) and Addendums
1 and 2, are incorporated by reference and available in the Office of City Clerk; and
WHEREAS,
the City examined responses from
Recreational,
Design and
Construction, Inc.,
DiPompeo Construction Corporation
and JMW
Construction
Corporation; and
WHEREAS, the above mentioned firms were requested to make formal
presentations to the RFP Selection and Evaluation Committee, consisting of City
Engineer John Doherty, Parks and Recreation Assistant Director Linda Probert, Finance
Services Director Mark Mason, Purchasing and Contract Manager Keith Glatz, Public
Services Superintendent Rodney Sims and Public Services Project Manager Alan Lam;
and
WHEREAS, a copy of the ranking sheet is attached hereto as "Exhibit 1"; and
WHEREAS, the RFP .Selection and Evaluation Committee determined that the
response submitted by JMW Construction Corporation, incorporated by reference and
available in the Office of the City Clerk, was best able to meet the needs of the City; and
WHEREAS, the City of Tamarac has negotiated a contract with JMW
Construction Corporation for their services at a cost not to exceed $182,450.00, which
includes a contingency allowance of $23,800.00 (attached hereto as "Exhibit 2"); and
WHEREAS, it is the recommendation of the Director of Public Services and
Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 12-
13R and execute the agreement with JMW Construction Corporation for the
Temp. Reso. # 12258
November 28, 2012
Page 3
design/build of the Sports Complex Press Box Project attached hereto as Exhibit "3",
incorporated herein and made a specific part of this resolution; and
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. 12-
13R and execute the agreement with JMW Construction Corporation for the
design/build sports complex press box project for a contract cost of $158,650.00 and a
contingency in the amount of $23,800-00 will be added to the Project Account, for a total
project budget of $182,450.00.
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. 12-13R to
JMW Construction Corporation and approves an Agreement between the City of
Tamarac and JMW Construction Corporation ("the Agreement") and the appropriate City
Officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit
391
, to provide for the design/build of the Sports Complex Press Box Project, located at
9901 NW 77th Street, Tamarac.
Temp. Reso. # 12258
November 28, 2012
Page 4
SECTION 3: An expenditure for a contract cost of $158,650-00 and a
contingency in the amount of $23,800.00 for a total project budget of $182,450.00 for
said purpose is hereby approved.
SECTION 4:
Funding in the amount of $160,000 for the design/build of
the Sports Complex Press Box Project, located at 9901 NW 77t" Street, Tamarac, is
p p
available in Project Number GP12E, Account Number 320-7001-572.62-01.
SECTION 5:
An appropriation in the amount of $22,450 to provide
sufficient funding for this Agreement will be included in a budget amendment pursuant
to F.S. 166.241(2).
SECTION 6:
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 7:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8:
If any clause, section, other part or application of this
Resolution
is held by any court of competent
jurisdiction
to be unconstitutional or invalid,
in part or
application, it shall not affect
the validity
of the remaining portions or
applications of this Resolution.
SECTION 9:
passage and adoption.
Temp. Reso. # 12258
November 28, 2012
Page 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this � D day of , 2012.
V" 1 1 1 1 1-1 v-%" I V V V
MAYOR
ATTEST:
PATRICIA TEUFVL, CMC
INTERIM CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO �
DIST 1: COMM. BUSHN LL
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSL R-
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
T
6AMIIEL S. GOREN
CITY ATTORNEY
City of Tamarac VAPurchasing & Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
JMW CONSTRUCTION CORPORATION
THIS AGREEMENT is made and entered into this I V day of out- fr , 2012
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and JMW
Construction Corporation, a Florida corporation with principal offices located at 4163
Artesa Drive, Boynton Beach, FL 33436 (the "Contractor") to provide for design and
build services to construct the TAMARAC PRESS BOX/STORAG E FACILITY.
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, Attachment "A", the RFP
Document issued by City, 12-13R (Steps 1 and 2), including all conditions therein
(General Terms and Conditions, Special Conditions and/or Special Provisions),
drawings and/or schematic plans, Technical Specifications, all addenda, the
Contractor's original RFP Proposal and the Pressbox Scope Adjustment dated 11 /11 /12
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 co
nflict
between RFP 12-13R (Steps 1 and 2) as issued by City, and the Contractor's Proposal,
p '
RFP 12-13
R (Steps 1 and 2) 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 Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
y
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.
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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.
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
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 completed within (200) calendar days for Final Completion from
issuance of City's Notice to Proceed, subject to any permitted extensions
of time under the Contract Documents.
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
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pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
5) Contract Sum
The Contract Sum for the above work is a "not to exceed" total of One Hundred
Fifty Eight Thousand Six Hundred Fifty Dollars ($158,650.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed _
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218.
The City desires to be able to make payments utilizing City's Visa Procurement
Card as a means of expediting payments. It is highly desirable that successful proposer
have the capability to accept a Visa Procurement/Credit card as a means of payment.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses
sustained by the City resultant from the Contractor's failure to perform in
accordance with the requirements of this Agreement.
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.
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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.
8.2 The Contract Price constitutes the total compensation (subject to
authorized adjustments, if applicable) payable to the Contractor for
performing the work. All duties, responsibilities and obligations assigned to
or undertaken by the Contractor shall be at Contractor's expense without
change in the Contract Price or Time except as approved in writing by the
city.
8.3 The Contract Price and/or Time may only be changed by a Change Order.
A fully executed change order for any extra work must exist before such
extra work is begun. Any claim for an increase or decrease in the Contract
Price shall be based on written notice delivered by the party making the
claim to the other party promptly (but in no event later than 15 days) after
the occurrence of the event giving rise to the claim and stating the general
nature of the claim. The amount of the claim with supporting data shall be
delivered (unless the City allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known
amounts to which the claimant is entitled as a result of the occurrence of
said event. No claim for an adjustment in the Contract Price will be valid if
not submitted in accordance with this Paragraph,
8.4 The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later
than fifteen (15) days after the occurrence of the event giving rise to the
claim. Notice of the extent of the claim shall be delivered with supporting
data and stating the general nature of the claim. Contractor hereby agrees
to waive rights to recover any lost time or incurred 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
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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
contract price shall be determined by mutual acceptance of a Guaranteed
Maximum Pace by the City and Contractor. If notice of any change in the
contract or contract time is required to be given to a surety by the
provisions of the bond, the giving of such notice shall be the Contractor's
responsibility, and the amount of each applicable bond shall be adjusted
accordingly. The Contractor shall furnish proof of such adjustment to the
City. Failure of the Contractor to obtain such approval from the Surety may
be a basis for termination of this Contract by the City.
9) Liquidated Damages
All time limits stated in the Contract Documents are of the essence of the
Agreement. The parties acknowledge that damages arising from delay in meeting these
time limits are difficult or impossible to ascertain. Therefore, the parties hereby agree that
in the event that the Contractor fails to meet the time limits, as may be extended by the
City in accordance with the terms of the Agreement or as otherwise provided in the
Agreement, liquidated damages will be assessed against Contractor in the amount of
Two Hundred and Fifty Dollars and No Cents ($260.00) for each calendar day beyond
the time imposed until such work is completed.
10) 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 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
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hindrances or delays due solely to fraud, bad faith or active interference on the part of
City or its agents. In addition, if Contractor is delayed at any time in the progress of the
Work by an act or neglect of the City's employees, or separate contractors employed
by the City, or by changes ordered in the Work, or by delay authorized by the City
pending arbitration, then the Contract Time shall be reasonably extended by Change
Order, and the Guaranteed Maximum Price shall be reasonably increased by Change
Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the
progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse
weather conditions not reasonably anticipated, unavoidable casualties or other causes
beyond the Contractor's control, or by other causes which the City and Contractor
agree may justify delay, then the Contract Time shall be reasonably extended by
Change Order. Otherwise, Contractor shall be entitled only to extensions of the
Contract Time as the sole and exclusive remedy for such resulting delay, in
accordance with and to that extent specifically provided above. No extension of time
shall be granted for delays resulting from normal weather conditions prevailing in the
area as defined by the average of the last ten (10) years of weather data as recorded
by the United States Department of Commerce, National Oceanic and Atmospheric
Administration at the Fort Lauderdale Weather Station.
11) Waiver of Liens
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to
City by Contractor from all suppliers, subcontractors, and/or Contractors who submitted
a "Notice to Owner$ and a Consent of Surety on behalf of any and all other suppliers
and subcontractors 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 form all claims of liability by Contractor in connection with the agreement.
12) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of City approval of final payment. In the event that .defect occurs during this time,
Contractor shall perform such steps as required to remedy the defects. Contractor shall
be responsible for any damages caused by defect to affected area or to interior
structure. The one (1) year warranty period does not begin until approval of final
payment for the entire project, and the subsequent release of any Performance or
Payment Bonds, which may be required by the original bid document.
13) Indemnification
13.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
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independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
13.2 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
14) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. 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.
15) 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
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not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
16) 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.
17) 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 A, ttorne_y at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
JMW Construction Corporation
4163 Artesa Drive
Boynton Beach, FL 33436
(561) 752-0480
18) Termination
18.1 Termination for Convenience: This Agreement may be terminated by
City for convenience, upon seven (7) days of written notice by terminating
party to the other party for such termination in which event Contractor
shall be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify city against loss pertaining to this termination.
18.2 Default by Contractor: In addition to all other remedies available to the
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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.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
20) 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.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
22) severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
23) Uncontrollable Circumstances
23.1 Neither the t 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, such as delays in permitting due to outside agencies,
which are beyond the Contractor's control.
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23.2 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.
24) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Contractor and the City.
25) 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.
26) Contingent Fees
The Contractor warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the 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 the
Contractor, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
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w
City of Tamarac Purchasing & Contracts Division
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.
TA
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Interim City Clerk
Data
LAI
nature of Corpor�'V& Secretary
John Wilie
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
ft
Beth Talabisco, Mayor
//
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Approvo as to form and legal sufficiency:
City Attorney
Date
Val
President/Owner
John Wille
Ii�l��l II I I. �rr�rr.��Ir rr.rrr�. 111 I �I�Ir I�I�I�T�r�
Type/Print Name of President
�Ill�r�.�ll I I�rl III rYl. I 1 r.r .rr11�� rrir III` 1 r rl ��� r 1 I r 1 .Irk r .Ir IY
Date
11
Sample Agreement
City of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF?Ac.�'1 `�.�
Purchasing & Contracts Division
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
John Wille, President of JIVIW Construction Corporation, 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 tti %kAl 2012.
Signature of Notary Public
State of
FloriRlat Large
'NOTARY U1C� ���
�Cn --
BON'DW'IIItU
Dr *5tamp
iy Public
[�.. Personally known to me or
(� Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
12 Sample Agreement