HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-1151
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Temp. Reso. # 11916
August 10t", 2010
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-20101115�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT
WITH RAILCO, INC., FOR THE REMOVAL AND
INSTALLATION OF NEW IMPACT RESISTANT WINDOWS
AT THE BROWARD SHERIFF'S OFFICE IN ACCORDANCE
WITH BID 10-05B FOR AN AMOUNT NOT TO EXCEED
$67,170.00, WHICH INCLUDES A CONTRACT AMOUNT OF
$58,170.00 AND A $9,000.00 CONTINGENCY, FROM THE
APPROPRIATE ACCOUNTS; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; 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 protect its critical facilities against high
winds and to improve emergency management capabilities within the City; and
WHEREAS, the modifications to the Broward Sheriff's Office would improve the
safety of the building inhabits and reduce the financial an operational impact to the City of
Tamarac by reducing storm related damages; and
WHEREAS, the City published Invitation to Bid No.10-05B for the replacement of
windows, incorporated herein by reference and on file in the office of the City Clerk; and
WHEREAS, on July 29th, 2010 the City of Tamarac received six (6) proposals for
the proposed impact window improvements at BSO, with Railco, Inc., being the lowest
responsive bidder, a bid tabulation is incorporated herein by reference and on file in the
office of the City Clerk, and
Temp. Reso. # 11916
August 101", 2010
Page 2
WHEREAS, Railco, Inc., possesses the required knowledge and experience for the
proposed impact window project and has agreed to the Terms and Conditions, Special
Conditions, and Technical Specifications of Bid No. 10-0513; and
WHEREAS, it is the recommendation of the Public Works Director and the
Purchasing and Contracts Manager that the appropriate City Officials execute the
agreement with Railco, Inc., for the installation of said impact window improvements
attached hereto as "Exhibit 1 ", 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 execute the contract for the
installation of the proposed impact windows at the BSO Building with Railco, Inc., at a cost
not to exceed $67,170.00, which includes the contract amount of $58,170.00 and $9,000 a
contingency.
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.
Temp. Reso. # 11916
August 10t", 2010
Page 3
SECTION 2: The City Commission hereby approves the agreement between
the City of Tamarac and Railco, Inc., ("the Agreement") and the appropriate City Officials
are hereby authorized to execute the Agreement, hereto attached as "Exhibit 1 ", to
provide construction services for the removal and installation of impact resistant windows
at the BSO building.
SECTION 3: An Expenditure in an amount not to exceed $67,170.00, which
includes the contract amount of $58,170.00 and a $9,000.00 contingency, for said purpose
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 budget amendments for proper accounting purposes are
hereby authorized.
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.
Temp. Reso. # 11916
August 10th, 2010
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of ,2010.
ATTEST:
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MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
,ZL. .
SA EL S. GOREN
CITY ATTORNEY
u4 •:
Record of COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: COMM GLASSER
DIST 4: VM DRESSLER
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
RAILCO, INC.
THIS AGREEMENT is made and entered into this day of ,
2010 by and between the City of Tamarac, a municipal corporation with prin 'pal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Railco, Inc.
a Florida corporation with principal offices located at 1545 West 35th Place, Hialeah, FL
33012 (the "Contractor") to provide for the installation of impact resistant windows and
doors at the Broward Sheriff Office, located at 7515 NW 88th Avenue, Tamarac, FL 33321.
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. 10-05B,
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 10-05B as issued by the City, and the Contractor's Proposal, 10-05B as issued by
the 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 install impact resistant windows and doors per bid specification at
the Broward Sheriff Office located at 7515 NW 8e Avenue, Tamarac,
FL 33321.
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, 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
Contractors Liability Insurance policies.
4) Time of Commencement and Substantial Completion
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 the date of issuance of said Notice to Proceed.
5) Contract Sum
The Contract Sum for the above work is Fifty Eight Thousand, One Hundred
Seventy Dollars and no cents ($58,1 i0.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoices. 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 shall be processed before the warranty period begins. All payments shall be
governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218.
7) 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.
8) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of completion of work. 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 substantial completion of the entire project, and the
subsequent release of any Performance or Payment Bonds, which may be required by the
original bid document.
9) Indemnification
9.1 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 attomeys' 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 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.
9.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
9.3 The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
9.4 The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10,00), receipt of
which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants
and representations relating to this indemnification provision shall serve the
term of this Agreement and continue in full force and effect as to the City's and
the Contractor's responsibility to indemnify.
9.5 City reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement.
9.6 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.
10) 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, color, sex, religion,
age, national origin, 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, 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.
11) 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.
12) 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.
13) 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 City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Railco, Inc.
1545 West 35t" Place
Hialeah, FL 33012
(305) 823-2625
14► Termination
14.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the City to the
Contractor for such termination in which eventthe 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.
14.2 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.
15► Uncontrollable Forces
15.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in orfailure 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.
15.2 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.
16) Agreement Subject to Funding
This agreement shall remain in full farce 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.
17► 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.
18) 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.
19) 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 parry shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
20) 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.
21) 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
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.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
ignature of Corporate Secretary
Mar arita Fa undo
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor
Date
Jeffrey L. Miller, City Manager
Date
Approved as to form and legal sufficiency:
City Attorney
Date
RaHco In
Compan ame
SigKitu f Pfe4Ment
Lenny G._Fa undo
Type/Print Name of President
Date
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Lenny Fagundo , President of Railco, 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 AfJr-a M e-, , 2010.
.J/'At X - - - I
Signs ure of No ary Public
f Florida at Large
Notary Public State of Florida
Glenn Rottman
My Commission D
mExiires07/1or2o11 nt, Type Or Stamp
e of Notary Public
'&, Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.