HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-159Temp. Reso. # 11289
September 14, 2007
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007 �J
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 07-
25B TO MIGUEL LOPEZ JR. INC. AND EXECUTE AN
AGREEMENT WITH MIGUEL LOPEZ JR. INC., FOR AN
AMOUNT NOT TO EXCEED $1,032,914.50 FOR THE
BOULEVARDS ROADWAY RESURFACING AND MEDIAN
BEAUTIFICATION PROJECT; AUTHORIZING BUDGET
AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING
PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Boulevards Roadway Resurfacing and Median Beautification
Project is part of the City's Street Improvement Program; and
WHEREAS, the City of Tamarac published an Invitation to Bid No.07-2513 for the
Boulevards Roadway Resurfacing and Median Beautification Project in the Sun -Sentinel
on July 29"' and August 5t', 2007, a copy of which is on file in the Office of the City Clerk;
and
WHEREAS, on August 30`" , 2007, five (5) 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. 07-25B is included
herein as "Exhibit 1 "; and
Temp. Reso. # 11289
September 14, 2007
Page 2
WHEREAS, the most responsive and responsible bid, for the Boulevards Roadway
Resurfacing and Median Beautification Project, Miguel Lopez Jr. Inc. has agreed to the
resurfacing and median beautification to the Boulevards Subdivision, pursuant to the
Terms & Conditions, Special Conditions, and Technical Specifications of Bid No.07-256;
and
WHEREAS, the Public Works Director and Purchasing and Contracts Manager
recommend that the City of Tamarac award Bid No. 07-25B and authorize the appropriate
City Officials to execute an agreement with Miguel Lopez Jr. Inc. for the Boulevards
Roadway Resurfacing and Median Beautification Project, in an amount not to exceed
$1,032,914.50; 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. 07
25B to Miguel Lopez Jr. Inc. for the Boulevards Roadway Resurfacing and Median
Beautification Project, and authorize an expenditure in an amount not to exceed
$1,032,914.50.
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.
1
1
C
1
Temp. Reso. # 11289
September 14, 2007
Page 3
SECTION 2: The award of Bid No. 07-25B for the Boulevards Roadway
Resurfacing and Median Beautification Project, to Miguel Lopez Jr. Inc. is hereby
approved.
SECTION 3: The appropriate City officials are hereby authorized to execute
the Agreement between the City of Tamarac and Miguel Lopez Jr. Inc. for the Boulevards
Roadway Resurfacing and Median Beautification Project, attached herein as "Exhibit 2".
SECTION 4: An expenditure in an amount not to exceed $1,032,914.50 is
hereby authorized to Miguel Lopez Jr. Inc.
SECTION 5: The City Manager is hereby authorized to make additions,
deletions or revisions pursuant to Section 6-156 of the Code of the City of Tamarac.
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.
Temp. Reso. # 11289
September 14, 2007
Page 4
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this10day of 00L16 2007.
S
ATTEST:
�C--Z_ c .- �J ` �c'L� 1 �' RECORD OF COMMISSION VOTE:
MARION SWEN ON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM. PORTNER jltc
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SULTANOF 44
DIST 4: COMM. DRESSLER Akp _
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
awl k,
SAMUEL S. EN
CITY ATTO EY
1
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
MIGUEL LOPEZ JR. INC.
THIS AGREEMENT is made and entered into this LC day of �c , 20k? 7
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL =21 (the "CIT)") and Miguel Lopez Jr.
Inc, a Florida corporation with principal offices located at 7711 NW 7e Avenue, Suite
No. 3, Medley FL 33166 (the "Contractor") to provide for resurfacing and median
beautification improvements for the Boulevards Roadway Project.
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. 07-258,
including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions), drawings, Technical Specification, all addenda, the
Contractor's bid/proposal included herein, and aN modifications issued after execution of
this Agreement. These contract documents fort 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 Bid 07-258 as issued by the City, and the Contractor's
Proposal, 07-258 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 aN 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 worts. 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 shaN provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
AlJruE:/7 unt
a
__/; (, flit 1 l;(1l7tici( t5 Divisioo
l.a � � �.r-f11. iI�E1C .
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 Lability, 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 wilt 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 self4nsurance retentions on Contractors
Liability Insurance policies.
4) Time of Commencement and Subeftntiol CompkAlon
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 15Q calendar days from issuance
of City's Notice to Proceed and rompletad final within 2Q cekmdar days of
substantial completion subject to any permitted extension* of time under
the Contract Documents. For the purposes of this Agreement, motion
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
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 One Million Thirty -Two Thousand Nine
Hundred Fourteen Dollars and fifty cents. ($1,032,814.50). This sum includes a
Seventy -Five Thousand Dollar ($75,000.00) contingency alkrivance to be used only to
the extent necessary as determined and approved in writing by City.
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retains" of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage wiN 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 com nencae 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. AR 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 ble dual
damages incurred as a result of the failurre of the Contractor to perform in
accordance with the requirements of this AgreemeK or for losses sustained by
the City resultant from the Contractor's fedure 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
Conte correct all deficiumies 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 of this Agreement. The City shall
be the sole judge of and the quality of worlmnship.
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice: to any surety, the City nerves and shall have the right to make
increases, decries or other charges to the work as may be considered
Cafy i)( in /7:Lf.7C A, /
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 chafe order is so approved, the
Contractor shall promptly proceed with the work. AN Change Orders shall
include overhead and profit, not to exceed five percent (5%) and five percent
(5%) mespectivety.
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 Cotes expense without change in the Contract
Price or Time except as approved in writing by the City.
8.3 The Contract Price andlor 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 wren 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 starting the general nature of the claim. The
amount of the claim with supporting data shall be delivered (unless the City
allows an addi Tonal period of time to ascertain more accurate data in support of
the claim) and shall be accompanied by claimant's written sta Rtment that the
amount claimed corers all known amounts to which the dairnarht is entitled as a
result of the occurrence of said event. No claim for an acyustment in the
Contract Price will be vet if not submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Omer. 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 claiNn to the other party no tarter than fifteen
(15) days after the o omrrenee of the event giving rise to the claim. Notice of the
extent of the claim shall be delivered with supporting data and starting the
general nature of the corn. Contractor hereby agrees to waive rights to recover
any lost time or incurred casts from delays unless Contractor has given the
notice and the supporting data required by this Paragraph.
8.6 Exterisions of time shall be considered and will be based solely upon the effect
of delays to the work as a whole. Extionsions of time shall not be granted for
delays to the work, unless the Contractor can dearly demur that such
delays did or will, in fact, delay the egress of work as a whole. Time
exterhskhns shall not be allowed for delays to pants of the work that are not on
the crifi=1 path of the project schedule. Time extensions shall not be granted
until all float or contingency time, at the tkm of delay, available to absorb
speck delays and associated impacts is used.
8.7 In the event satisfactory a*atrnent c wvx* be reached by the City and the
Contractor for any item requiring a change in the contract t and a change order
has not been issued, the City reserves the right at its sae option to terminate
TafrararConto�cr�-.' Division
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
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 charge 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
fumish proof of such adjustrment to the City Failure of the Contractor to obtain
such approval from the Surety may be a bay 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 incrase in the constnxffion cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages incoming but not limited to casts of
acceleration or ineificiency, arising because of delay, disruption, interference or
hindrance frorn any cause whatsoever, whetter such delay, disruption, inimlia r nee 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
interkwence 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 roglect of the Citys empkryees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending wbitration, then the Contract Tans shall be
reasonably extended by Change Order, and the Guaranteed Maxknum Price shall be
reasonably inod by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Priors. Furthermore, if Contractor is
delayed at any tune 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 than extant wally provided move. No extension
of time shall be granted for delays resulting from normal weher aonditrons prevailing
in the area as defined by the average of the gist ion (10) years of vw N*w 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
5 Avrtrerr Nr t
Gity of Tamarac, w�� f'C !/iCJ � (_lontlochs Dfvl".. "017
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. 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 Mused 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 (induct ft 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 tern 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, Contactor shall not discrir mate against any
employee or applicant for employment because of race, color, sex., religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Contractor will take affirmative action to ensure that employees are
treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Such actions must irOide, 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 apprenbmhip. Contactor shall agree to post in conspicuous places,
available to empk yees and applicants for employment, notices to be provided by the
F�(r1C(3r71r2r �(
%:; l,� r,l I'.r.rn�u�:�c.: I• �' (-'t.rr'r I� ;irir,+ ��, �;r;ri;r.ir 1, l?h��sr,�o?
contracting officer setting forth the provisions of this nondiscrimination clause.
Contractor further agrees that he/she will ensure that Subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contracctor'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.
1 B) 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:
Arreemtoir
C"or1G<tc r 3 (.)ivy si o
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Miguel Lopez Jr. Inc.
7711 NW 74 Avenue
Medley, FL 33166
Phone: (305) 884-0767
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 fbced in
Broward County, Florida.
20) Signatory Authority
Contractor shall provide City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
i3 4'1rC<!riC:1f
00'�
N
21) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
22) Uncontrollable Circumstances
22.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
22.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperfomting 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 foroes 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.
9
1,-1ry ;7f r;all'�(c1fJ 'n
P.rr li asir q & (;OWd s Dlwsloo
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature. CITY OF TAMARAC, signing
by and through its Mayor and City Manager, and CONTRACTOR, signing by and
through its President duly authorized to execute same.
ATTEST: ,
Marion Swenson, CIVIC
Citytlerk
Date
ATTEST:
Signature of Co to Secretary
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor
Date
effirey f/Mill9r, City Manager
Date
Approved as to form and legal sufficiency:
Attorney
10K ja-Y
Date
LopezMiguel
Company Name-
�r.�rrr`i
Eduardo Lopez Miguel Lopez Jr.
Type/Print Name of Corporate Secy. Type/Print Name of President
Date
Cily of T,rrrr err.; ; Porchasinq & Coolracfs Division
CORPORATE ACKNOWLEDGEMENT
STATE OF r�7olz- /.)A
:SS
COUNTY OF Aldw) PI OC :
1 HEREBY CERTIFY that on this day, before me, an Officer duty authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Miguel Lopez Jr., of Miguel Lopez Jr. 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 2Q 0 �L
Sig u of Notary
NOTARY OF of Florida at Large
R FLORIDARI
Mariela Suarez
s
CammiWon #DD711074
t, Type or Stamp
So�vDFn nrxo e7z nNnc Baxnrx nva
Mame of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
❑ DID NOT take an oath.
-! ficjl(;FfnelIt