HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-007Temp. Reso. #11747
December 14, 2009
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2010- 0 T
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 09-
21 B TO HARRY'S PAINTNG AND ENTERPRISES, INC., AND
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
TAMARAC AND HARRY'S PAINTING AND ENTERPRISES,
INC., FOR AN AMOUNT OF $103,370.00 FOR THE
REHABILITATION OF THE EAST/WEST 8 MG ACCELATOR
AND GREENLEAF FILTER FOR THE CITY OF TAMARAC
WATER TREATMENT PLANT PROJECT; APPROVING
FUNDING FOR THIS PROJECT FROM THE APPROPRIATE
UTILITIES OPERATIONAL ACCOUNT; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ADMINISTER THE
CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Utilities Department of the City of Tamarac is responsible for the
operation and maintenance of the water and wastewater utilities which requires the
treatment and distribution of potable water in a safe, efficient and economical manner; and
WHEREAS, to maintain the City's facilities and to eliminate potential health hazards
due to degradation of internal steelwork at the Utilities Water Treatment Plant is critical;
and
WHEREAS, the internal coating system of the East/West 8 MG Accelator and
Greenleaf Filter at the Utilities Water Treatment Plant is necessary to maintain the integrity
of the East/West 8MG Accelator and Greenleaf Filter at the Utilities Water Treatment Plant
and to maintain compliance with regulatory agencies; and
Temp. Reso. #11747
December 14, 2009
Page 2 of 4
WHEREAS, the City of Tamarac publicly advertised Bid No. 09-21 B, Rehabilitation
of the East/West 8 MG Accelator and Greenleaf Filter for the City of Tamarac Water
Treatment Plant Project in the Sun -Sentinel on October 4, 2009 and October 11, 2009
(incorporated by reference and on file in the office of the City Clerk); and
WHEREAS, the City solicited competitive bids and on November 12, 2009 received,
opened and reviewed five (5) bids as follows:
COMPANY NAME
TOTAL BID $
Harry's Painting & Enterprises, Inc.
$ 103,370.00
Atlantic Painting & Sandblasting
182,010.00
Cypress Construction & Coatings
197,536.00
Southland Painting Corp.
236,160.00
Grizzley General Contracting
290,009.00
WHEREAS, Harry's Painting & Enterprises, Inc., was deemed the most responsive
and responsible bidder (incorporated by reference and on file in the office of the City
Clerk); and
WHEREAS, THE City of Tamarac Utilities Engineering included this project in the
Capital Improvement Program with completion in 2010 and construction dollars of
$350,000.00 approved in the FY2010 Capital Improvement Program; and
WHEREAS, approved funding for this project in the amount of $350,000.00 is
available from the Utilities Operational account; and
WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing
and Contracts Manager that the appropriate City Officials award Bid No. 09-21 B,
1
1
1
1
Temp. Reso. #11747
December 14, 2009
Page 3 of 4
Rehabilitation of East/West 8 MG Accelator and Greenleaf Filter for the City of Tamarac
Water Treatment Plant Project, and to execute an agreement with Harry's Painting &
Enterprises, Inc. in an amount not to exceed $103,370.00 for the Rehabilitation of the East
West 8 MG Accelator and Greenleaf Filter for the City of Tamarac Water Treatment Plant
Project (a copy of said agreement is attached hereto as "Exhibit 1 "); and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to approve the award
of Bid No. 09-21 B, for the Rehabilitation of the East/West 8 MG Accelator and Greenleaf
Filter for the City of Tamarac Water Treatment Plant Project and to execute an agreement
with Harry's Painting & Enterprises, Inc., for an amount not to exceed $103,370.00.
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. The exhibit attached hereto is incorporated herein and made a
specific part of this resolution.
SECTION 2: The appropriate City Officials are hereby authorized to approve
and award Bid No. 09-21 B and award an agreement forthe Rehabilitation of the East/West
8 MG Accelator and Greenleaf Filter for the City of Tamarac Water Treatment Plant
Project to Harry's Painting & Enterprises, Inc., for an amount not to exceed $103,370.00.
SECTION 3: The $103,370.00 is approved to be funded from the appropriate
budgeted Utilities FY 2010 Operational account.
Temp. Reso. #11747
December 14, 2009
Page 4 of 4
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 13 day of ,
2010. 27
4 1 9&/ �/'
BETH FLANSBAUM -TALASISCO
MAYOR
ATTEST:
Record of COMMISSION VOTE:
MARION SWENSOtil, MC MAYOR FLANSBAUM-TALABISCO
CTY CLERK DIST 1: COMM BUSHNELL—��
DIST 2: COMM ATKINS-GRA[Y
DIST 3: COMM GLASSER1,1g_
DIST 4: VM DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
4///) it, ,//>///.
SAM L S. GO
CITY ATTORNEY
City,,af Tamarac
Purchasingand CGn[r%;2ct6..,' Ivision
I-11100=1=1'i14z11 r
1 ► ■ � �iL�i� .
ME
HARRY'S PAINTING & ENTERPRISES, INC.
THIS AGREEMENT is made and entered into this A*ay of , 2009
by and between the City of Tamarac, a municipal corporation with p cipal o ices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Harry's Painting &
Enterprises, Inc., a Florida corporation with principal offices located at 5250 Avery
Road, New Port Richey, FL 34652 (the "Contractor") for the rehabilitation the City's
East/West 8 MG Accelator & Greenleaf Filter at the Water Treatment Plant 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, Bid Document No. 09-21 B,
including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions), drawings, Technical Specifications, all addenda, the
Contractor's bid/proposal included herein, and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, and all are as fully a
part of the Agreement as if attached to this Agreement or repeated therein. In the event
that there is a conflict between 09-21 B as issued by City, and Contractor's Proposal, 09-
21 B 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 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.
Agreement
City of Tamarac pwchasiac, and contrac1s Division
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.
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 (300) 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
Agrpement
City of Tamarac � Purchasiog and Contracts Dhlisk)r,
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 Rehabilitation of the City's Water Treatment Plant's
East/West 8MG Accelator & Greenleaf Filter structures is One Hundred Three
Thousand, Three Hundred Seventy dollars and no cents ($103,370.00) which includes a
contingency allowance amount to be used and paid only to the extent necessary as
determined by the City.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218. The City desires to be able to make
payments utilizing City's Visa Procurement Card as a means of expediting payments. It
is highly desirable that the successful proposer have the capability to accept a Visa
Procurement/Credit card as a means of payment.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by
the City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
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.
Agreement
City of Tamarac ParcPrasiog anif Contracts Dwision
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and
executed by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work. All Change Orders shall
include overhead and profit, not to exceed five percent (5%) and five percent
(5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract
Price or Time except as approved in writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price shall
be based on written notice delivered by the party making the claim to the other
party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The
amount of the claim with supporting data shall be delivered (unless the City
allows an additional period of time to ascertain more accurate data in support of
the claim) and shall be accompanied by claimant's written statement that the
amount claimed covers all known amounts to which the claimant is entitled as a
result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully executed
change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen
(15) days after the occurrence of the event giving rise to the claim. Notice of the
extent of the claim shall be delivered with supporting data and stating the
general nature of the claim. Contractor hereby agrees to waive rights to recover
any lost time or incurred 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
4 Agreement
City of 7, nara� � � � wpzurch,,asSi ng and Con;ra€,ds Division
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
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
5 Agreement
City of Tamarac r'trrchasirgg and Contracts Division
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.
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,
6 Agreement
City of Tannarias Plu?chasiog and Contiacts Division
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.
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:
Agreement
City of Tamarac
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
t�firC!"ic:SttiC, c:'3�� C �i:3at`at:'aS
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
Harry's Painting & Enterprises Inc.
5250 Avery Road
New Port Richey, FL 34652
(727) 848-1950
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
18) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
19) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
City of 7"amarac. PUtchasiog and Contracts Division
20) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
21) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
22) Uncontrollable Circumstances
22.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
22.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
23) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Contractor and the City.
9 Agreemerti
City of Tamarac � wch,'.isio and =e"ontracts Divis;or?
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.
Remainder of Page Intentionally Blank
10 Agrpement
City of Tamarac
Purchasing and 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.
O�A Marian Swenson, C)AC
City Ci�erk
/4y a
Date
ATTEST:
Signat re of Corporate Secretary
Kathryn Tsioukanaras
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
A 5 � �//'; � Va, 4
Beth Flansbaum-Talabisco, Mayor
Date
vz�l�� � ' /°?lw�
/JeffreylZ Miller, City Manager
Date 4"
Approve7WI,
m and legal sufficiency:
City Attdrney
Date
Harry's Painting & EWerprises, Inc.
Company Name /
ignature of President
Theoharis Tsioukanaras
Type/Print Name of President
20091
Date
11 Agreement
Ci�v of Tamarac Purchasing and com", d's
CORPORATE ACKNOWLEDGEMENT
STATE OF V I o Y► A a
:SS
COUNTY OF P(t S C O
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
Theoharis Tsioukanaras, President, Harry's Painting & Enterprises, 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 thislay of fkcembC r
ORQ&K kiltMA,
Signature of Notary Public
_ State of Florida at Large
TERESA 81JCAR0
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(407)39"I83 -
N Me°�N9- twv ublic
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M Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
[� DID NOT take an oath.
12 Agreer unt