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Home My WebLink AboutCity of Tamarac Resolution R-2007-169Temp. Reso. # 11261 September 24, 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 EXECUTE AN AGREEMENT WITH SOUTHEAST UNDERGROUND UTILITIES CORP., FOR THE RELOCATION OF THE TRAFFIC SIGNAL SYSTEM AND SCHOOL ZONE SIGNALIZATION SYSTEM LOCATED AT THE NORTH EAST CORNER OF COMMERCIAL BOULEVARD AND N.W 94TH AVENUE, UTILIZING THE AGREEMENT BETWEEN BROWARD COUNTY AND SOUTHEAST UNDERGROUND UTILITIES CORP., FOR AN AMOUNT NOT TO EXCEED $84,752.00; AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City of Tamarac to install a westbound right - turn lane at the Northeast corner of Commercial Boulevard and N.W 941h Avenue; and WHEREAS, First Eastside Savings Bank provided the City of Tamarac the necessary right-of-way to construct a westbound right -turn lane located on the Northeast corner of Commercial Boulevard at N.W 94th Avenue; and WHEREAS, The westbound right -turn lane project will ultimately help to alleviate westbound traffic delays associated with normal school traffic; and WHEREAS, The relocation of the traffic signal system and school zone signalization system located at the Northeast corner of Commercial Boulevard and N.W 94th Avenue is the first phase in the construction of the proposed westbound right -turn lane project at the Northeast corner of Commercial Boulevard and N.W 94th Avenue; and Temp. Reso. # 11261 September 24, 2007 Page 2 WHEREAS, City of Tamarac Code §6-155 allows the Purchasing/Contracts Manager the authority to waive purchasing procedures to procure supplies, materials, equipment, and services which are subject to contracts with other governmental agencies when the best interest of the City would be served; and WHEREAS, Broward County Agreement No. N-4-06-140-132 with Southeast Underground Utilities Corp., incorporated herein by reference and on file in the Office of the City Clerk, was found to be an advantageous route to pursue in this case; and WHEREAS, It is the recommendation of the Director of Public Works and the Purchasing and Contracts Manager that the agreement between Broward County and Southeast Underground Utilities Corp., be utilized for the relocation of the traffic signal system and school zone signalization system located at the Northeast corner of Commercial Boulevard and N.W 94 th Avenue;and I WHEREAS, The City Commission of the City of Tamarac, Florida, deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute an Agreement between the City of Tamarac and Southeast Underground Utilities Corp., for the relocation of the traffic signal system and school zone signalization system located at the Northeast comer of Commercial Boulevard and N.W 94th Avenue in an amount not to exceed $84,752.00, a copy of said Agreement is included herein as "Exhibit 1". 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 Temp. Reso. # 11261 September 24, 2007 Page 3 upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute an Agreement between the City of Tamarac and Southeast Underground Utilities Corp., for the relocation of the traffic signal system and school zone signalization system located at the Northeast corner of Commercial Boulevard and N.W 94th Avenue for an amount not to exceed $84,752.00, a copy of said Agreement is included herein as "Exhibit 1 ". SECTION 3: An expenditure in an amount not to exceed $84,752.00 is hereby authorized to South East Underground Utilities Corp., SECTION 4: All budget amendments for proper accounting purposes are hereby authorized. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. I Temp. Reso. # 11261 September 24, 2007 Page 4 PASSED, ADOPTED AND APPROVED this 1�kk day ofjc"�/_ 2007. ATTEST: MARION -SWENSON, CMC'_ CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. kMUEL S. tWREN CITY ATT(:*NEY r, ""j 'a, 'E"I", Elimpmm, RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD" DIST 3: V/M SULTANOF 46f-I DIST 4: COMM. DRESSLER I I . . ...... ... . . . ........... ... . . ........ . ..... ....... ..... . .... . ... . ... .. AGREEMENT BETWEEN THE CITY OF TAMARAC AND SOUTHEAST UNDERGROUND UTILITIES, CORP. between the THIS AGREEMENT is entered into on kL.,fc- -30 � 201r, City of Tamarac, a municipal corporation with principal offices located at 7525 NW 881h Avenue, Tamarac, Florida 33321 (City) and Southeast Underground Utilities, Corp., a Florida corporation with principal offices located at 1860 NW 591h Avenue, Suite B, Fort Lauderdale, FL 33313 (Contractor) to relocate a traffic signal mast arm assembly and school zone flasher system together with all appurtenances, as shown on the design plans (revision date 5/23/07), located at the Northeast corner of Commercial Blvd. and NW 94 th Avenue utilizing Broward County's Traffic Engineering Department Contract N40614OB2. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed $84,752.00 Contractor shall comply with design drawing as prepared by David W. Harris Consulting Engineers (Job Number 6142) and the terms and conditions contained within the Broward County Contract No. N40614OB2 attached hereto as Exhibit A. All terms and conditions of the contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B, Proposal dated 9/24/07 from Contractor attached hereto and incorporated herein as if set forth in full. 2. Upon execution of this Agreement, all references made to the Broward County Board of County Commissioners, Traffic Engineering Department Contract No. N40614OB2 in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners". 3. Term: The term of this Agreement shall be until all work is completed and accepted by City as specified in Exhibit B. The time for performance under this contract shall be as mutually agreed upon with the City and Contractor as promptly as reasonable and in compliance with agreed schedule and the City's Notice to Proceed. 4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the City and the Contractor. 5. Insurance: In addition to the insurance requirements stated in the Broward County Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. 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 inSkArance in force throughout the term of this agreement. The following minimal insurance coverage shall be provided: . . . . .... . . ... . .. . . .... . ............ .. ... . . ..... ......... .. . ............... . ... ......... .. .... . .. ... . . . . ......... . a. Workers Compensation Insurance: The Contractor shall procure and maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employees Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. b. Comprehensive General Liability: The Contractor shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. c. Business Automobile Liability: The Contractor shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. e. Professional Liability (Errors and Omissions) Insurance: $1,000,000. The City must be named as an additional insured unless Owners and Contractors' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. g. The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. h. In the event that sub -contractors used by Contractor do not have insurance, or do not meet the insurance limits, Contractor shall indemnify and hold harmless City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -contractors. i. Contractor shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by City. j. Contractor shall indemnify and hold 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 City as an additional insured, Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. MrAT9171711 1211T7=59 I a. Contractor shall, in addition to any other obligation to indemnify City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a).Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of Contractors, any sub -contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b).violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in performance of the Work; or c),Iiens, claims or actions made by Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by City to enforce this agreement shall be bome by Consultant. b. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. c. Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. d. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 7, Non-D i scri mi nation & Equal Opportunity Employment: During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. .......... . . ... ..... . ......... . . .... . ............... ........................... .. .............. .. ..... . ... . . .... ... .. 8. 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. 9. 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. 10. Termination: a. Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which 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. b. 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 per -form 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. 11. 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. . ............. ........ ..... . ... .... .. . ... . .... . .... 12. Venue: This Agreement shall be hereafter in force. The Broward County, Florida, 13. Signatory Authority: governed by the laws of the State of Florida as now and venue for actions arising out of this agreement is fixed in 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. 14. 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 enforceability of that provision or remainder of this Agreement 15. 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. 16. Time of Commencement and Substantial Completion: The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially completed within 60 calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. The work shall be completed (final completion) within 30 calendar days from issuance of substantial completion, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, substantial completion shall mean final approval of all Building Department and Engineering Permits and final completion shall mean the issuance of final payment. 17. Change Orders a. Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by City, and executed by City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. "77i ... ....... . . .... ... .... ..... .... . ... . ... .. b. 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. c. 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. d. 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. e. 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. 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. g . 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 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. . .. .. . ......... ......... . ... ... .. . .... .... . ............. . . ........ ............ .... ... .... . .. ... . ... . . . .... ... ...... .. ....... ....... ... . 18. Liquidated Damages a. All time limits stated in the Contract Documents are of the essence of the Agreement. The parties acknowledge that damages arising from delay in meeting these time limits are difficult or impossible to ascertain. Therefore, the parties hereby agree that in the event that the Contractor fails to meet the time limits, as may be extended by the City in accordance with the terms of the Agreement or as otherwise provided in the Agreement, liquidated damages will be assessed against Contractor in the amount of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00) for each calendar day beyond the time imposed until such work is completed. b. These liquidated damages will not prohibit the City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. 19. Notice: Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Southeast Underground Utilities, Corporation 1860 NW 59 Avenue, Suite B Fort Lauderdale, FL 33313 ... ... . . ........ . .......... ............ ......... ... .. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its Vice President, duly authorized to execute same. CITY OF TAMARA -A4AqAW- Beth Flansbaum-Talabisco, Mayof' 4 &Z /jQ-: 2 Date j ATTEST: effrey V. MfIler, City Manager Marion Swenson, CMC City Clerk Date / ( - App form and legal sufficiency: Date V A T T E$' ' / \ie�-' / \j ignature of Co Hector Allen Secretary Cit4 Atto Date Southeast Underground Utilities Corp. ny Compa 7Z// Signat/e of VlceT�r-esident James Hashim Type/Print Name of Corporate Secy. Type/Print Name of Vice President (CORPORATE SEAL) Date ( C - \ C"' - C -? STATE OF FLORIDA: COUNTY OF CORPORATE ACKNOWLEDGEMENT :SS .. . ............ . . 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