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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-033Temp. Reso. #11366 February 22, 2008 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008-e 7, �_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 08- 06E TO AKERBLOM CONTRACTING, INC., AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND AKERBLOM CONTRACTING, INC., FOR AN AMOUNT NOT TO EXCEED $210,955.00 FOR THE PUMP STATIONS 18B AND EAST MASTER REHABILITATION PROJECT; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains eighty-one (81) wastewater pump stations; and WHEREAS, wastewater Pump Stations 18B and the East Master are two critical wastewater pump stations in the City of Tamarac serving University Hospital and the Eastern subdivisions of Tamarac and are located at 7200 NW 801h Avenue and 5555 NW 2151Terrace, respectively (copies of which are attached hereto in map form as "Exhibit A"); and WHEREAS, in accordance with the Utilities Department's mandate to improve, renew and rehabilitate existing water and wastewater systems to ensure a safe, reliable and adequate water supply and wastewater systems to all residents and customers of the City, Pump Stations 18B and the East Master Rehabilitation Project was recommended, approved and funded as a Capital Improvement Project; and Temp. Reso. #11366 February 22, 2008 Page 2 of 4 WHEREAS, the Utilities Department's Engineering Division completed the design, bidding and construction documents for Pump Stations 18B and the East Master; and WHEREAS, the City of Tamarac publicly advertised Bid No. 08-06B, Pump Stations 18B and East Master Rehabilitation Project in the Sun Sentinel on January 13, 2008 and January 20, 2008 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the City solicited competitive sealed bids and on February 13, 2008, received, opened and reviewed five (5) responsive and complete bids as follows: ; and COMPANY NAME TOTAL BID $ Akerblom Contracting, Inc. 210,955.00 TLC Diversified, Inc. 216,590.00 Intercounty Engineering 294,010.00 Governor Construction 318,110.00 H.A. Contracting 338,010.00 WHEREAS, Akerblom Contracting, Inc., was deemed the most responsive and responsible bidder (a copy of said bid is attached hereto as "Exhibit B"); and WHEREAS, approved funds are available in the Utilities Operational accounts; 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. 08-06B, Pump Stations 18B and East Master Rehabilitation Project, to Akerblom Contracting, Inc., and execute an agreement with Akerblom Contracting, Inc., in an amount not to exceed $210,955.00 for the rehabilitation of the stations; and Temp. Reso. #11366 February 22, 2008 Page 3 of 4 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. 08-06B, Pump Stations 18B and East Master Rehabilitation Project, to Akerblom Contracting, Inc., and execute an agreement with Akerblom Contracting, Inc., in an amount not to exceed $210,955.00. 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. SECTION 2: The award of Bid No. 08-06B, Pump Stations 18B and East Master Rehabilitation Project, to Akerblom Contracting, Inc., is hereby authorized. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement with Akerblom Contracting, Inc., (a copy of which is attached hereto as "Exhibit C") as part of said award. SECTION 4: An expenditure in the amount of $210,955.00 is approved to be funded from the appropriate budgeted Utilities Operational accounts. SECTION 5: The City Manager, or his designee, be authorized to make changes, issue Change Orders not to exceed $30,000 per Section 6-156(b) of the City Code, and close the contract award including, but not limited to, making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. Temp. Reso. #11366 February 22, 2008 Page 4 of 4 -SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: 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 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this lilk day of 2008. 8kZ 'Z ATTEST: BETH FLANSBAUM -TALABISCC Cti2�.s�G MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN ` CITY ATTORNEY AAW9- RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO WL DIST 1: V/M FORTNER WAJ DIST 2: COMM ATKINS-GRAD Lila/ DIST 3: COMM. SULTANOF a DIST 4: COMM. DRESSLER AGREEMENT BETWEEN THE CITY OF TAMARAC AND AKERBLOM CONTRACTING, INC. THIS AGREEMENT is made and entered into this A� day of 2oW8 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 Akerblom Contracting, Inc., a Florida corporation with principal offices located at 2017 S.W. 28 Terrace, Ft. Lauderdale, FL 33312 (the "Contractor') to provide for Pump Station 18B and the East Master Pump Station Rehabilitation. 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. 08-0613, 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 08-06B as issued by the City, and the Contractor's Proposal, 08-06B 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 complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior AyieeInent 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 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 60 calendar days from issuance of City's Notice to Proceed, with up to 15 additional calendar days for Final completion, 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 the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the Agreement 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 Two Hundred Ten Thousand, Nine Hundred Fifty-five Dollars and no cents ($210,955.00). 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 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. 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 3 Agreement 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. 8.6 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the 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 the City deems necessary to complete the work. The cost of Agieement 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 Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. 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 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. Agteement 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date 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. 12) Indemnification 12.1 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 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. 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. 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. Agreement 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: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Agreement CONTRACTOR Akerblom Contracting, Inc. 2017 SW 28`h Terrace Ft. Lauderdale, FL 33312 Phone: (954) 224-1766 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. 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 Agreement 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. 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 Agreement IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor 3khk Date ;7 i-. raw.. ATTEST: / 1 f Jeffrey L. lille , City Manager )9ZQ�c - ---1 KGuirlua n✓ Marion Swensorf, CIVIC City Clerk Date ATTEST: Date Approved a�gal sufficiency: City Attorney Date Akerblom Contractina, Inc. Company Name nature of Corporate Secretary Sign��identJO� Jeanne Akerblom Carl E. Akerblom, President Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date Agieement CORPORATE ACKNOWLEDGEMENT STATE OF �LD/i'I/iH :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 Carl Akerblom, President of Akerblom Contracting 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 Slgn e(re of Notary Public =°jLleNr-- Florida at Large JAC�UEIINE UI _ __ 2010 f � 4arin , Type a or Starr Name of Notary Publ ❑ Personally known to me or Produced Identification fir/BPS L /e IZAJS6 Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. Agreement r. i1r Af a ' z LL z o F tt O a p g O w N� LL ¢ z m W w 5 w O O w s , � iaaE1 i�r;v�f � 1t9 ,J ff *II L� ti q totj 1 Sq a �. •�y' N. ,l AAA 3 � S,f t a a•6 Sf, �A� IL 00 I� l _J G .� s s �- z o >- !� 3 Z It ILO O a w � O N COm In X Z w a J W H i a� 0 c c m c ca Z ca a i = o 12 d LL 0 r ❑a u TEMP. RESO. # 11366 EXHIBIT "A" US07A EAST MASTER WASTE WATER PUMP STATION REHABILITATION NW 58TH COURT NEW STANDBY EMERGENCY GENERATOR .r K TAMARAC 6" FORCE MAIN 5500 W PUMP STATION V BUILDING 5555 NW 21st TER FTLAUDERDALEh : 8" FORCE MAIN �;^x FT LAUDERDALE ui EXECUTIVE co AIRPORT N Z S� Q 5, K COR�pPm W o CITY OF TAMARAC UTILITIES - 6001 NOB HILL ROAD TAMARAC, FL 33321 9 "EXHIBIT B" u ' � Pi chasux; and Contracts Dwision City of 101710rau TR #11366 COMPANY NAME: (Please Print): Phone: 4 m /7b Fax: r:5! — Z2 7Z BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. E/Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. Wroperly fill out the Bid Forms and the Schedule of Bid Prices. 3. [I W out and sign the Non -Collusive Affidavit and have it properly notarized. 4. [Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. Fj],Pff out the Bidder's Qualification Statement. 6. Pf it out the References page. 7. [Lp, irgn the vendor Drug Free Workplace Form. 8. ®-Fi1( out the List of Subcontractors. 9. [j�Tclude a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. L�Q-Lout and sign the Certified Resolution. 11. ©nclude proof of insurance. 12. ['In Jude copy of State Certified or County Competency License(s) 13. rench Safety Form Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 39" City of Tamarac Purchasing and Contracts oivision BID FORM BID NO. 08-06B PUMP STATION 18B AND EAST MASTER REHABILITATION The City of Tamarac is hereby requesting Bids from qualified contractors for work which consists of Contractor furnishing all labor, materials, equipment, services, and incidentals as indicated in the specifications herein and generally to include rehabilitation of existing City of Tamarac Pump Stations 18B and East Master. The rehabilitation of the pump stations shall include, but not be limited to demolition, by-pass pumping at 18B, pumps and motors, Wet Well Coating at 18B, mechanical piping, electrical and control equipment installation, Generator removal at East Master, 1000 Gallon Diesel tank Clean Closure and Removal at East Master, Painting at East Master, Light fixture replacement at East Master, and Baldor Electrical Generator installations. Construction also includes dewatering, complying with permit conditions, testing and restoration work for a complete and operating system as well as all appurtenances and other incidentals as indicated by the drawings and specifications or as required to properly complete the projects as planned. To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses; State: Certified General Contractor License, as defined by F.S. 489.105 3a with at least five (5) years verifiable full-time experience with a minimum of two (2) wastewater pump station rehabilitation projects of similar size and scope within past 5 years. or County: A Broward County Competency Engineering full-time Contractor Class A license with at least five (5) years with a minimum two (2) wastewater pump station rehabilitation projects of similar size and scope within past 5 years. Occupational license must be in effect as required by Florida Statute §205.065. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 1 B, of the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. —. -- -..... _..._ ___.... ,jp Bid Porrn & Srfiedtde of Birf Paces SCH-5 0 City of Tamarac ; „ {" � Purchasing and Contracts Division RIM BID SCHEDULE For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. Item No. Quantity Description Total Price 1 2 Sum For furnishing all labor, tools, equipment, construction, including but not limited to site preparation, protection of existing utilities, excavation; complying with the Trench Safety Act (TSA); and all other appurtenant and miscellaneous items for Pump Station 18B Rehabilitation field verification of existing tie-in force main, the aggregate sum of: $ Lump Sum For furnishing all labor, tools, construction, equipment, supervision, bond, insurance, other miscellaneous costs, overhead and profit required for a complete, satisfactory and fully functional installation as shown on the drawings for Pump Station 18B Rehabilitation, the aggregate sum of: 3 Lump Sum For furnishing, operating, maintaining and removing a by-pass pumping system at Pump Station 18B, the aggregate sum of: 4 Lump Sum For installing an electrical control panel provided by the City for Pump Station 18B as shown on the drawings and in accordance with the specifications, the aggregate sum of: 3 3, 00c9� 0 4 $ 1;1; 0 O 40,. as 0 $e9 $ 5 Lump Sum For installing a 40 KW, 240 volt- 3 phase Baldor Electrical Generator (supplied by City) with John Deere diesel engine per Plans and Specifications on a reinforced concrete pad. $ p A0, d 6 Subtotal For the sum of Items 1 through 5 which constitute the total cost of the PS #18B Rehabilitation: $ /J,QQ IF Sic! Form & Schedule of Bid Pac o's SCH-5 City of Tamarac Pmcbasing and Contracts Owision Lump Sum For furnishing all labor, tools, equipment, construction, including but not limited to site preparation, protection of existing utilities, excavation; complying with the Trench Safety Act (TSA); and all other appurtenant and miscellaneous items for the East Master Rehabilitation field verification of existing tie-in force main, the aggregate sum of: 8 Lump Sum For furnishing all labor, tools, construction, equipment, supervision, bond, insurance, other miscellaneous costs, overhead and profit required for a complete, satisfactory and fully functional installation as shown on the drawings for the East Master Rehabilitation, the aggregate sum of: $ $ 50 ,AO r � 9 Lump Sum For cleaning and removing an existing above ground 1000 gallon diesel fuel tank and leveling the containment concrete structure at the East $ a pp0. n Cll Master Pump Station, the aggregate sum of: 10 Lump Sum For removal of the 105 KW Caterpillar driven diesel generator from the building as shown on the drawings and in accordance with the $ p p© t2® specifications, the aggregate sum of: 11. Lump Sum For removal of the seal pump system in the 0 6building and in accordance with the specifications, the aggregate sum of: 12 Lump Sum For installing a 80 KVV , 480 volt- 3 phase Baldor Electrical Generator (supplied by City) with a John Deere diesel engine and Automatic Transfer switch ( Hubbell LX450C33E) per $ C9 Ol/d9 e, 0 A Plans and Specifications on a reinforced concrete pad. 13 Lump Sum For painting the inside of the East Master building including the floor in accordance with the specifications, the aggregate sum of: $ -12 Bid Form & Scheduls of Bid Pnr. s SCH-5 v ^w Purclrasinq id Contincts IJrvision (art: of "anrarac .'. _..- _.... 14. Lump Sum For replacement of the Light Fixtures inside the East Master building in accordance with the specifications, the aggregate sum of: $ a DOQP 6 6 15. Subtotal For the sum of Items 7 through 14 which constitute the total cost of the East Master $ Q L7Y-z6-, tg6 Rehabilitation: 16 CONSIDERATION FOR INDEMNIFICATION OF CITY $ 10.00 *17 "ALLOWANCE CONTINGENCY REFERENCE PAGE 38, PARA. 35 $ 30,000.00 TOTAL BID -TOTAL OF ITEMS 6,15, 16 & 17 $ c2 /0.0 95$ ()® We propose to furnish the following in conformity with the specifications and at the above bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. NAME OF CONTRACTOR: AMR' 16XOM C0/L)T/?RC7'/N�/ Bid Fnnn S >r,Iv.rO.r„ oiF,id Prraa, SC,H-5 City of Tamarac " Pwrhasinq and Contracts Division BID FORM (continued) BID NO. 08-08B PUMP STATION 18B AND EAST MASTER REHABILITATION The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. 00%5- ;� &4, - AMRA aM eoA)TR19CT/NG'. -VAIC- ut or ed 'gnat re Company Name Cnift 91 06&9816LOP4 Typed/Printed Name Telephone 7 Fax elv�- for ab a signer (if any) City, State, ZIP -38'©7 Federal Tax ID Number s License Number Bid Form & Schedule of Bid Prices SCH-S N.nrhasinc and Contacts Division, fail of 7arnarac BID FORM (continued) BID NO. 08-06B PUMP STATION 18B AND EAST MASTER REHABILITATION Bidder's Name: elf jE&3/,0l✓1 C ON rl?AC7'"/A16i I F 37100' , TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: �7fi calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at time of bid opening. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. Will your firm accept credit cards as payment from the City of Tamarac? Yes ❑ No [' J ............. 46 -_... _.. Old Form & Schedule of Bid ?d(;r-s SCH-7 Utv of Tamarac NON -COLLUSIVE AFFIDAVIT Purchasing & Contracts Division State of %/L-M,MVI ) )ss. County of_6aftu�) Cf gl d�i1f_ j?j p !� being first duly sworn, deposes and says that: 1. He/she is the (Owner, Partner, Officer, Representative or Agent) of /3L 0l.1 t 00/�j the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: �(�iQ PA�T(ISiYI Witness By i Printed Name 19M5Z,0C ) r- Title Collusive Affidavit Page ? h 4 Cmj of rarnar2c °- Yuronasmy and Conhacts gnnaon ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of AROWIM22 On this the /_3 day of F69IN RY 200 5', before me, the undersigned Notary Public of the State of Florida, personally appeared p and (Name(s) of individual(s) who appeared be ore notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or 99"Produced identification: (Type of Identification Produced) ❑ DID take an oath, or t6ID NOT take an oath �)g Non Crliusive Affidavit Page 2 Citr of "famarac and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain:. re Typed/Printed Name Telep one PARTNERSHIP ❑ 9'35-- 791-97tr? Fax address for abolV6­signer (if any) CORPORATION [OTHER ❑ ,q,��fi CONT�4l�cT/.� i X�C ompany Name Address /='T' 4 AD City, State, ZIP T Federal Tax ID Number Num ceitificatiun w J;tv of I amarac � _. ..._ Yuir;nasiny and GORllacts 01081011 BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company k�_ _Z7e Address 0 /7 5,10 2 '9' T,-RDA° City State Zip FORT 1,&44 333 Telephone ag�/r — /746 Fax Number 9 ri 71? %— 77,X q 1. How many years has your organization been in business under its present name? _,Xa Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No [� If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract r a purchase order from the City of Tamarac or other governmental entity? Yes No ❑ If yes, explain (date, service/project, bid title etc.) S'�'.4ri�i+ 49 A &N® If 65hh*Z3 9. Have you ever received a complai on a contract or bid awarded to you by any governmental entity? Yes ❑ No Of yes, explain: 10. Have you ever been debarred o suspended governmental entity? Yes ❑ No If yes, explain: from doing business with any ....._.............._..... _. _.._. _. 50_.._._. _. BiddelsQuohflcation rWemeld of Tamarac. and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Ti4n t +A1a� 1 ---------- _/_t R A-- AM--E.5--..-------�aog� - - . - -- - �.._ _._. -- ---- -- _ ---- _----- N a--1 /Q up 9RDA L---- - - -- -- References of Tamarac Purchasing and Contracts Divistoo LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. % Total Contractor Subcontractor Work to Be Performed Contract License No. Name/Address ,r-o';7 19V - -------- ----- - Mgr _Iyex List o-f—Subrontractons Z of farnaracYu2hasinr/ & Contraus t)nnsron TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compl oiance to be summarized below: TRENCH SAht t T ivicr%ov " MEASURE (Qty) COST (Description) (LF/SF) A. a© $ �r00 $ /fi0e0A $ $ B. C. TOTAL If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: Signa ure) ACKNOWLEDGEMENT STATE OF: 644®Pl COUNTYOF: r:P AA PERSONALLY APPEARED BEFORE ME, the undersigned authority, /ARL Tz J4KBR , who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this _J.,�.day of 200� NOTARY PUBLIC My Commission Expires: Trerx:h Safety Form SUBMIT BID TO: A OF TAM CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 NVITATIONFOR BID Bidder Acknowledgement BID NO.: 08-08B BID TITLE: PUMP STATION 18B AND EAST MASTER REHABILITATION BID OPENING DATE/TIME: FEBUARY 8, 2008 AT 3:00 PM BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3569 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: JANUARY 24, 2008 @ 10:30AM, ROOM 105 BONDING: 5% Bid Bond, 100% Payment/Performance Bond Bud Pkg Cost: $ 50.00 GENERAL COND9TIONS These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by Indicating such change in the Instructions to Bidders or in the special conditions of the bid. Any and all special conditions that may vary from these general conditions shall prevail over these General Conditions and any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. SEALED BIDS — t This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form shall be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: COMPANY COMPANY PHONE: q_67"-(�,_2 �4 _ /74,6 _ NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL AD 9 BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: � —A� W07 I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. 36412 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Akerblom Conracting, Inc. as Principal, hereinafter called the Principal, and Lincoln General Insurance Company a corporation duly organized under the laws of the State of PA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Tamarac, FL as Obligee, hereinafter called the Obligee, in the sum of 5 % of bid amount, not to exceed Fifteen Thousand Dollars & 00.100 Dollars ($15,000.00 ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pump station 18B and East Master Rehabilitation #08-06B NOW, THEREFORE, ifthe Obligee shall accept the bid ofthe Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 290' day of January 2008 (Witness) (Witness) Akerblom Akerblom, Lincoln General Insurance Company (Seal) (Seal) Burton Harris, Attorney -in -Fact and Florida Resident Agent #A111883 AIA DOCUMENT A310 • BID BOND • AIA 4D • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 UNCCLN GENERAL INSURANCE CWAPANY P01VER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS; That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania, does hereby nominate, constitute and appoint: Burton Harris; Christine Marshall Harris; Marino Mercedes Ramil,Oda/is Cabrera Its true and lawful Attomey(s)-in-Fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature, and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said Attorney, pursuant to the authority hereby e hereby ratified and confirmed. 0 RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures a6ander authority of the following resolutions adopted by the Board ofDirectors ofLincwin General Insurance Companyon tof September, 2002.\ RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together wit Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) nam Attorney(s)-in-Fact to date, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations of. those. signatures and seals, and such facsimile representations shallhavethe same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying. IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to be signed by its duly authorized officers this Wh day of October, 2004. jta Secretary Presider On this IS"' day of October, 2004, before me personally came John T. Clark, to me known, who being duly swom, did depose and say: that he is the President of the Corporation described in and which executed the above instrument that he knows the seal affixed to theaforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;'and -that he executed the said instrument by like order and authority and the same was his free act and deed. The Commonwealth of Pennsylvania York County i6O=ft SEAL ' REPSEE L KP.IVACSY' l Notary Public ; YORN. CITY,YORK COUNTY ' PfV CommLsion Expires Oct 29, 2008 I, Gary J. Omdorfi; Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 29th dayof January 1 2WB- Secretary i _cow. CERTIFICATE OF LIABILITY INSURANCE , PRODUCER THIS CERTIFICATE IS ISSUED AS A MAT Brown & Brown of Florida, Inc. - ONLY AND CONFERS NO RIGHTS UPON 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY' Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE INSURED INSURER A: Continental Casualty CompxnY+ Akerblom Contracting, Inc. 2017 SW 28th Terrace Fort Lauderdale FL 33312 INSURER D: A asioan Ca, Co of Reading PAf Ins Co DATE (MMIDDNYYY) Ol/24/08 ORMATION 'ICATE TEND OR cS BELOW. NAIC # 20443 20427 20478 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Rw LTR B VIM NSR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X❑OCCUR POLICY NUMBER B2091315865 DATE MMIDDTI B 07/15/07 DATE MMIDD 10 07/15/08 LIMITS EACH OCCURRENCE $1 OOO OOO PREMISES E oocunuice $ 100 000 MED EXP(Anyone person) $5 000 PERSONAL& ADV INJURY $1,000 000 GENERAL AGGREGATE $ 2 OOO 000 PRODUCTS-COMP/OP AGO $Z OOO OOO GENL AGGREGATE LIMIT APPLIES PER: POLICY jELOC Emp Ban. 1,000,000 C AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS B2091315901 07/15/07 07/15/08 COMBINED SINGLE LIMIT (Ea accident) $1, 000, 000 X BODILY INJURY (Perperson) $ - BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Peraccidenl) $ GARAGE LIABILITY ANY AUTO - AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ F-XCESSAIMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ FACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? If yes describe under SPECIAL PROVISIONS below 290433111 05/10/07 05/10/08 X TORV LIMITS I X ER E.L. EACH ACCIDENT s500000 E.L. DISEASE - EA EMPLOYE $500000 E.L. DISEASE - POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is an ADDITIONAL INSURED with respect to General Liability & Pollution as requested per written contract. Re: Project 06-07B *10 days written notice for non-payment of premium. Ii P19"Al City of Tamarac 7525 NW Sth Avenue Tamarac FL 33321 CITYOFT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL *30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 ACfl :i .'.'., ; ; ri. i STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06101300432 ITUMMMMMEWL—ICENSE NBR 10/13/20061000000000 CGCO55076 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2008 AKERBLOM, CARL E AKERBLOM CONTRACTING INC 2017 S.W. 28TH TERRACE FORT LAUDERDALE FL 33312 JEB BUSH SIMONE MARSTILLER GOVERNOR SECRETARY -- ------ ---- ---------DISPLAY__AS REQUIRED-B_Y_L&W -- — a P 9 n oI7a¢narac Pomhasmg_and Contacts Division SAMPLE AGREEMENT "EXHIBIT C" TR #11366 BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this _ day of , 20_ 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_ a corporation with principal offices located _ (the "Contractor") to provide for 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. 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 as issued by the City, and the Contractor's Proposal, 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 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 �!Ma � o Ciry of rtamaiar r oMru:(s D H-isior 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 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 75 days (60 days for Substantial completion plus 15 days for Final Completion) 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 the City in accordance with the Schedule J p Div�s�on or T �mFu.^t: �tid Contracts ._._ _. included in the Contract Documents. In the event that any delays in the 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 Dollars and cents ($ ) 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. 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 City of Tamarac; Purchasing and Contacts Division ................. . - - - - 0 ---- - - - -1-1-......'....., ..... . 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 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 the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the Agreement ' Sn City of t anmrac — Poichasing and Contracts Division contract as it applies to these items in question and make such arrangements as the 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 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) 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 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 Agroornont B g of T1+narac P urrhavng and Contracts Division _......... ... ............_..... ._....----._ ................ ..--_-- ............- .-...-. .....-........- 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. 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. 12) Indemnification 12.1 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 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. 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, sex, 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, sex, 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 Agieerriont of TamaracPL -i, atiu+c� nd Cnntrarts C7ro+sion 4- - - ................ ... ... .... . ... ... ......... e - — -- - - - — - — ----- 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: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: of Tamarac Purchasing and Contracts Division Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 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. 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 Agreement of 7anruac Purchasing and Contracts Division 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. 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. .. _._.. _ _------ _ _ 81 Ayfooment or Taanarac �4 g and Contracts . ....._.. Remainder of Page Intentionally Blank Agrcernenl o/ 7 rmarac �n r i Contracts DiVISron Pun;hasrn anc 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 duly authorized to execute same. CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CIVIC Date City Clerk Approved as to form and legal sufficiency: Date City Attorney Date ATTEST: Company Name Signature of Corporate Secretary Type/Print Name of Corporate Secy. (CORPORATE SEAL) Signature of President/Owner Type/Print Name of President/Owner Aymemont 0�101 City Of Tamarac (�uroh artNig and ContruXs Division 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 N . of 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 , 20_• Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath.