HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-170Temp. Reso. # 11513
November 26, 2008
Revised Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2008
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 08-
04B AND EXECUTE AN AGREEMENT WITH WEST
CONSTRUCTION INC. FOR THE REPLACEMENT OF THE
ASPHALT DRIVEWAYS AT FIRE STATION 15 LOCATED AT
6000 HIATUS ROAD IN AN AMOUNT NOT TO EXCEED
$48,100.00 FROM THE APPROPRIATE ACCOUNTS;
AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR
PROPER ACCOUNTING PURPOSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac maintains its Fire Station 15 located at 6000 Hiatus
Road; and
WHEREAS, the driveways are in need of replacement due to normal deterioration
resulting from time and weather, timely replacement is important for the long term care and
maintenance of the facility and prevents costlier and more complex repairs in the future;
and
WHEREAS, the City published Invitation to Bid #08-04B for the replacement of the
existing asphalt driveways, a copy of which is on file in the Office of the City Clerk; and
WHEREAS, on October 8, 2008 twelve bids were opened and reviewed in order to
determine cost and responsiveness to the City's technical specifications; and
WHEREAS, a tabulation of bids showing all bids for Bid No. 08-04B is included
herein as "Exhibit 1 "; and
WHEREAS, the lowest responsive and responsible bidder, West Construction Inc.
Temp. Reso. # 11513
November 26, 2008
Revised Page 2
has agreed to replace the Fire Station 15 driveways, pursuant to the Terms & Conditions,
Special Conditions, and Technical Specifications of Bid #08-0413; and
WHEREAS, the Public Works Director and Purchasing and Contracts Manager
recommend that the appropriate City Officials enter into an agreement with West
Construction Inc. for the replacement of the Fire Station 15 driveways; 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 award Bid No. 08-
04B for the replacement of the Fire Station 15 driveways at a cost not to exceed
$48,100.00.
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 referenced herein and attached hereto are hereby
incorporated in this Resolution and made a specific part hereof.
SECTION 2: West Construction Inc. is awarded the Invitation to Bid No. 08-
04B for the replacement of the Fire Station 15 driveways at a cost not to exceed
$48,100.00.
SECTION 3: The appropriate City officials are hereby authorized to execute
an agreement, hereto attached as Exhibit 2, with West Construction Inc. in an amount not
to exceed $48,100.00.
SECTION 4: That funding in an amount not to exceed $48,100.00 has been
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Temp. Reso. # 11513
November 26, 2008
Revised Page 3
approved.
SECTION 5: All budget amendments for proper accounting purposes are
hereby authorized.
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of,2008_
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
._ SAMUEL GOREN
CITY ATTORNEY
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RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM BUSHNELL�y
DIST 2: COMM ATKINS-GRA f
DIST 3: COMM. GLASSER C
DIST 4: COMM. DRESSLER �d
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
WEST CONSTRUCTION, INC. �6
THIS AGREEMENT is made and entered into this `,- day of
2008 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 West Construction,
Inc., a Florida corporation with principal offices located at 318 South Dixie Highway, Suites
4&5, Lake Worth, FL 33460 (the "Contractor") to provide for installation of reinforced
concrete driveways at Fire Station No. 15.
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. 08-04B,
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 08-04B as issued by the City, and the Contractor's Proposal, 08-04B 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 fumish all labor, materials, and equipment necessary
to install reinforced concrete driveways per bid specification contained
in Bid No. 08-04B.
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.
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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) 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 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
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 75
calendar days from the date of issuance of said Notice to Proceed.
5) Contract Sum
The Contract Sum for the above work is Forty Eight Thousand One Hundred
Dollars and no cents ($48,100.00).
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
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(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 Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or Contractors who worked on the project that is 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 attorneys' fees) in
connection with lass 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.
i. The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
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ii. indemnifications including, but not limited to., reasonable attomey's fees
(including appellate attorney's fees) and costs.
iii_ 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.
9.3 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
Taut Act, the provisions of the Intemal 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 R Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
West Construction, Inc.
318 South Dixie Highway, Suite 4&6
Lake Worth, FL 33460
(561) 588-2027
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 City to
Contractor 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 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 City for cause, should
Contractor neglect or fail to perform or observe any of the terns, 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.
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15) Uncontrollable Forces
15.1 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.
16.2 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 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_
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 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.
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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, MC
CITY OF TAMARAC
Beth Flansbaum-Talabis , Mayor
Id- /-)-/o 9
Date
L / 7
Jeffrey V101illeff, City Manager
Date
I// /7,4: "'/ap-
City Clerk
Approved a form and legal sufficiency:
Date
City Attorney
t .Z!;;- C,
Date
ATTEST. West Construction. Inc.
Company Nam a T
Sidnatur o rate Secretary Signature of President/ ner
qti .
Matthew West
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
Martha A. Morgan
Type/Print Name of President/Owner
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Date ry
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CORPORATE ACKNOWLEDGEMENT
STATE OF?� �--"
�� -SS
, L COUNTY OF , Z2L1Ld -j
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
Martha A. Morgan, of West Construction, 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 ohe-r w, 2008
Signature of Notary Public
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State of Florida at Large
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XPM S: (sec 8,2(X)<I Name of Notary Public
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Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ ,... DID take an oath, or
DID NOT take an oath.