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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-170Temp Reso #11295 September 30, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007- /_;9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 07-22B ENTITLED "SPECIFICATION PREPRATION FOR SINGLE & MULTI -UNIT DWELLING REHAB, UNDER THE DISASTER RECOVERY INITIATIVE PROGRAM" AND ACCEPT AND EXECUTE AN AGREEMENT WITH ROBERT M. HERON SPECIALTY BUILDERS, INC. FOR A PERIOD COMMENCING THE DATE OF EXECUTION THROUGH DECEMBER 31, 2009; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida requires Professional Services related to the preparation of Specifications for Single & Multi -Unit Dwelling Rehabilitation, under the Disaster Recovery Initiative Program within the City of Tamarac; and WHEREAS, the City of Tamarac publicly advertised Bid No. 07-22B for Specification Preparation for Single & Multi -Unit Dwelling Rehab, Under the Disaster Recovery Initiative Program (attached hereto as Exhibit 1 ") on both July 15, 2007 and July 22, 2007 and on the Demand Star service and and WHEREAS, two (2) vendors submitted bids in response to the City's advertisement, WHEREAS, sufficient funds are available in the appropriate operating fund; and WHEREAS, it is the recommendation of the City's Housing Administrator, and the Director of Community Development Department to award Bid No. 07-22B entitled "Specification Preparation for Single & Multi -Unit Dwelling Rehab, Under the Disaster Temp Reso #11295 September 30, 2007 Page 2 Recovery Initiative Program", to provide for the successful vendor to perform other related disaster mitigation services associated with the Disaster Recovery Initiative Program, and accept and execute an Agreement with Robert M. Heron Specialty Builders, Inc. commencing the date of execution through December 31, 2009; and 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 award Bid No 07-22B entitled "Specification Preparation for Single & Multi -Unit Dwelling Rehab, Under the Disaster Recovery Initiative Program" to Robert M. Heron Specialty Builders, Inc. commencing the date of execution through December 31, 2009 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. SECTION 2: The appropriate City Officials are hereby authorized to execute the Agreement between the City of Tamarac and Robert M. Heron Specialty Builders, Inc. for Specification Preparation for Single & Multi -Unit Dwelling Rehab, Under the Disaster Recovery Initiative Program for a period commencing the date of execution through December 31, 2009 , and to provide for Robert M. Heron Specialty Builders to perform other related disaster mitigation services associated with the Disaster Recovery Initiative Program. A copy of the Agreement is attached hereto as Exhibit 'T", and incorporated herein by reference. I Temp Reso #11295 September 30, 2007 Page 3 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTFD BY THE CITY PQMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS&� DAY OF S�d� _, 2007. CITY OF TAMARAC, FLORIDA 6-ETF(FLANSBAUM -TALABISCO, MAYOR ATTEST: D OF COMMISSION VOTE: CtkRECOR MARION SWENs6N,'cmc MAYOR FLANSBAUM-TALABISCO. CITY CLERK DIST 1: COMM. PORTNER U&9-/ DIST 2: COMM. ATKINS-GFEKDY V 4Q=::� DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. II A K ) e / 7 - D'P( 7 SAMUEL S. GOREN CITY ATTORNEY EXHIBIT 1 INVITATION TO BID BID NO. 07-22B Specification Preparation for & Multi -Unit Dwelling Rehab, the Disaster Recovery Initiative (HUD) 06/10/2007 City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, FL 3321 (954) 597-3570 On behalf of the Single Under Program Community Development Department's Housing Administration Division SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bid Acknowledgement BID NO. 07-22B BID TITLE: SPECIFICATION PREPARATION FOR REHAB OF SINGLE & MULT-UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) FUNDED PROGRAM BID OPENING DATEFFIME: JULY 11, 2007, AT 3:OOPM LOCAL TIME BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3570 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE: JULY 2, 2007 (MONDAY) AT 11:00AM, ROOM 204 BONDING: N/A I GENERAL CONDITIONS I These instructions are standard for 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 bids, the Special Conditions of the bid, the Specifications/Scope of Work or Special Provisions herein. 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 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 may 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 ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL AD BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 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 Firm. 2 C�ty of Tamaiac, It is the intent of the City to award this bid to the lowest responsible and responsive Bidder, The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City - The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City, This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq- GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Bids, Request for Bids and Request for Proposals. As such the words "bid" and ..proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidders responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document - The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All prices, terms and conditions in the submitted bid will be firm for acceptance for sixty (60) days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penafty- Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time- The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list, 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and submit this form with the bid/proposal- The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. in the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of ninety (90) calendar days- Payment will be made only after receipt and acceptance of mate rials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder should enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Flotida Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME &APPROVED EQUIVALENTS Manufacturers name, trade name, brand name inforrnation and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid- The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard- 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid- Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such Pwchasitqj ,-wd Conlu.�cts Dlvisic)n investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Project Manager prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform- The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT 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. b. TERMINATION FOR CONVENIENCE The final 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 C�ty of Taivarjc 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. c. FUNDING OUT 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. 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the Contract, the successful Offeror shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, martial status, political affiliation, familial status, sexual orientation, or disability if qualified. The successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national origin, or disability. 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 of training, including apprenticeship- The successful Offeror(s) 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 successful Offeror further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request- 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and (.1ontracts Dmsioo local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement- Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Purchasing Division certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial $1,000,000 $1,000,000 General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Prod ucts/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Statutory Workers' Compensation & Employer's Liability Builder's Risk Insurance is required in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value - The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A-M, Best's Key Rating Guide and be licensed to do business in Florida- Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidders Worker's Compensation carrier Citv of Tawwac Putchasing and Contracl,�.-.,� L)wis�on , t, "', ..­..­.­­'­ -11-1111-111-1--l-l- _­ ... .... . .................. will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention- If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees 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 Bidder or his Subcontractors, agents, officers, employees 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 of Tamarac or its elected or appointed officials and employees- 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail - The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents- If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager - The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative- 28. BID TABULATION Bidders may download the bid tabulation on-line at hftp://www.tamarac.or�g/Dept/fin/purch/resuIts.htm1. The City does not notify unsuccessful Bidders of contract awards, Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract- The form of all records and reports shall be subject to the approval of the . . ... .... .. .. .... ... .. .. .. .... . ... City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. Paichasing aiO Cnntracts DIvision City of , -7)1- Le, INVITATION TO BID SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM I __3 193 � lowly&*4 __3 Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, Room 108, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 3:OOPM local time Monday, July 11, 2007 at which time bids will be publicly opened and announced for, SPECIFICATION PREPARATION CONSULTANT FOR REHAB OF SINGLE & MULTI -UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) FUNDED PROGRAM. All bids received after the date and time stated above will be returned unopened. All firms are invited to attend the opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids must be submitted on the official Bid Forms furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal should be plainly marked, 07-22B, "SPECIFICATION PREPARATION — DRI PROGRAM" on outside of the envelope. Pre -Bid Conference: A pre -bid conference is scheduled Monday, July 2, 2007, 11:00am, Room 204. All interested firms are highly encouraged to attend this informational meeting. The City of Tamarac, Community Development Department, Housing Administration Division, is seeking the services of a Consultant/Contractor to prepare rehab specifications of single, multi -unit and multi -level dwellings under terms of the Disaster Recovery Initiative (DRI) Grant Program. The Consultant/Contractor shall prepare rehab specifications and administrate the bid process with the City's List of Pre -Qualified General Contractors. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. The Bid document will be available for no charge at Tamarac City Hall, 7525 NW 88t� Avenue, Tamarac, FL 33321, Purchasing, Room 108, or may be downloaded at www.tamarac.org. For non -technical inquiries, contact the Purchasing Office at (954) 597-3570. For technical issues, direct questions by fax or e-mail to the Housing Administrator, Angela Bauldree, Community Development Department via email at an-clelaba-tamarac.org or Fax at (954) 597-3540. Be sure to include the Project Name and Bid Number on all correspondence. 4L �4�14 James Nicotra, CPPB Senior Procurement Specialist Publish Dates: June 10 and June 17, 2007 Pwcha,,,,wq ,)nd Contiacts Divhsion City of Tamatau . . ... . ... ...... TABLE OF CONTENTS Bid No. 07-22B General Terms and Conditions ....................................................................................... 2-6 Instructionsto Bidders ......................................................................................................... 9 SpecialConditions ................................................................................................... I ......... 11 SpecialProvisions ............................................................................................................. 13 Bid Coversheet Checklist .................................................................................................. 14 Bid Form / Bid Schedule ... ............................................................... SCH-1 — SCH-6 Scopeof Work ....................................................................................... ... ...... 21 Non -Collusive Affidavit ...................................................................................................... 23 Certification....................................................................... ............................................... 25 Bidder's Qualification Statement .............................................................................. ........ 26 References........................................................................................................................ 27 Vendor Drug -Free Workplace ............................................................................................ 28 CertifiedResolution ........................................................................................................... 29 SampleAgreement ............................................................................................................ 30 P (.3c)Wtacts Division Gity r)f w r, , I...., .. .......................... . ...... . ......... . .. . . .... ....... ............ . . ........... . ..... ............. . I I k, &3 d :III0 III Is] k, RI 1193 :11 a] a] =1 zk� BID NO. 07-22B SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM The City reserves the right to accept or reject any or all bids or any part of any bid, and to waive any informality concerning the bids, when such rejection or waiver is deemed to be in the best interest of the City. DESCRIPTION OF WORK Bids are hereby requested from qualified Cons u Ita nts/Contractors to prepare written rehab specifications of disaster stricken dwellings within the City of Tamarac. Specifications will be for use by approved General Contractors for renovation and repair on single, multiple and multi -level unit buildings. The successful Consultant shall also administrate a bid process utilizing an existing List of Pre -Qualified Contractors that will perform the actual required repairs. This program is under HUD grant guidelines. The Consultant shall prepare written specification in sufficient detail with cost estimates and "before" and "after" photographs and provide copy to the Housing Administration Division. The complete scope of work/service is detailed in the Scope of Work section of this bid document. REQUIRED LICENSES: To be eligible for award of this bid, at time of bid opening, Consultant must possess the following Certification and/or County License and State Registration (if applicable) or any license that can meet, exceed, or legally perform the scope of work as determined by State or County licensing agency. STATE: CERTIFIED GENERAL CONTRACTOR or COUNTY: BUILDING CONTRACTOR ** or GENERAL BUILDING CONTRACTOR CLASS "A" (State Registration Required) or GENERAL BUILDING CONTRACTOR CLASS "B" ** (State Registration Required) * Unlimited "Residential to 3 Story Successful Bidder shall also have a minimum of three (3) years continuous and verifiable work scope experience of similar spec writing preparation history. Occupational license must be in effect as required by Florida Statute §205.065. of Taroarr.ic Pw�-Jiasmy f;od Cuntracts Dwision - - ___ __ - - __ t' " __ 11 1 '­­.­ I . I . . . .. . ........... — ----- 11 d 4 0 �, 111103;11150103 ki 11 d ZET0 d The contract term for spec writing services is based on the HUD grant program term that is approximately for 18 to 20 months. The funds for this program are approximately $650,000 which includes specification writing / administration services as well as actual construction rehab work. The term of contract shall also be contingent upon satisfactory performance of the awarded firm and determination that any applicable renewal period is in the best interest of the City. Prices for this Consultant service contract shall remain fixed throughout the term of the contract including any renewals. CONTACT INFORMATION For technical inquiries, contact the Housing Administrator, Angela Bauldree, Community Development Department, (954) 597-3539. For non -technical inquiries, contact Jim Nicotra, Senior Procurement Specialist, Purchasing Office (954) 597-3570. The Balance of this Page is Intentionally Left Blank City of T,,,.imarac Contt,.)cls L)0)111136r� . .... .... .... . .. . . . .. . ................. ...... SPECIAL CONDITIONS BID 07-22B SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM 1 . ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval by the appropriate contract award authority of City. No such approval will be construed as making City a part of or to such assignment, or subjecting City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Consultant/Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Consultant/Contractor only. 2. PERMITS AND LICENSES If applicable, the Consultant/Contractor shall be responsible for securing all agency permits. However, all City permit fees are waived. The Consultant shall submit copies of all applicable permits required for this service. Cost of any required and applicable permits for these Consultant services, from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. A. SITE INSPECTION — CITY All work will be conducted under the general direction of the Community Development Department, City of Tamarac, and is subject to project inspection by Contract Administrator or designee and/or other City representatives to ensure compliance with the terms of the contract. B. TIME OF COMPLETION Completion time frame for services by the Specification Preparer Consultant shall be under the direction of the Contract Administrator and shall not exceed more than fourteen (14) calendar days from notice to commence project. 3. PAYMENT The City has up to thirty (30) days to review, approve and pay all properly submitted invoices after receipt. 4. CONTRACT DOCUMENTS The contract documents shall consist of this Bid, the submitted bid by Consultant/Contractor, and any addenda or change orders, the subsequent contract agreement, insurance certificate(s), City's award letter, Purchase Order and the Notice to Proceed. City of Talocii ac putchasing anci Conttact's Dios�oo . .. ...... ----- ------ --- - 0e, 5. INSURANCE REQUIREMENTS Firm agrees to, in the performance of work and services under this contract, comply with all Federal, State, Local laws, codes and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to firm, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Consultant/Contractor firm shall obtain at their expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Firm shall maintain such insurance in full force and effect during the life of this Agreement. Firm shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant/Contractor firm will comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Firm shall indemnify and hold the City harmless for any damages resulting from failure of the firm to take out and maintain such insurance. Firm's Liability Insurance policies shall be endorsed to add the City as an additional insured. Firm shall be responsible for payment of all deductibles and self-insurance retentions on Firm's Liability Insurance policies. Firm shall maintain in full force and effect during the life of the contract, Workers' Compensation insurance covering all employees in performance of work under the contract. Firm shall not commence work under this contract until they have obtained all insurance required under this section and have supplied owner with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best's Key Rating Guide; be licensed to do business in Florida. All policies provided shall be Occurrence not Claims Made forms. The firm's insurance policies shall be endorsed to add the City of Tamarac as an Additional Insured. The Firm shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the City by certified mail. GOVERNING LAW: CONSULTANTS WILL AGREE THAT CONTRACTS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE BROWARD COUNTY. City ot T-In7arac cwld Olvis�oo SPECIAL PROVISIONS BID 07-22B SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM 1. PURPOSE OF BID The City of Tamarac is hereby requesting bids, from qualified Consultants/Contractors to prepare specifications for structural repair / infrastructural restoration of single and multi- unit dwellings, damaged during previous storm seasons. This bid is associated with a block grant program to Community Development for Disaster Recovery. The full scope of work consists of providing all services as indicated in the Scope of Work section of this bid. The Consultant shall be responsible for and shall coordinate all means, methods, techniques, sequences and procedures to perform the scope of work. The Cons u Itant/Contractor shall keep the City's Contract Administrator or designee informed of the progress and quality of the Work. 2. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT The Cons u Ita nt/Co ntractor shall be familiar with the total scope of the project prior to commencement of any work. In case of any questions or conflict, they must be brought to the attention of the Contract Administrator prior to any work. The City shall not be responsible for the Contractor's failure to comply with this requirement. 3. PROTECTION OF PERSONS AND PROPERTY The Consultant/Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. The Con su Ita nt/Contractor for these services shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site.The Contractor shall comply with applicable laws, ordinances, rules, regulations, codes and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 4. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. . .... ... ..... ......... .. ... ........... .... ...... .... .. . . . ... ... 13 A I Pm�;has��ig �nd C."onttacts Division C�ty of . . . ... ........ .... .. COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1 F-1 Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. El Properly fill out the Bid Forms and the Schedule of Bid Prices. 3. Fill 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. F-1 Fill out the Bidder's Qualification Statement. 6. F-1 Fill out the References page. 7. Sign the Vendor Drug Free Workplace Form. 8. Fill out and sign the Certified Resolution. 9. El include proof of insurance. 10. L Include copy of bid specified Certification and/or Certified License(s) 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. 14 Clontt,�,icts Division Clit.y.,-?f,Taq�a ra c ---- ----- -- BID FORM SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM The City of Tamarac is hereby requesting Bids from qualified Consultants/Contractors to prepare written specifications for use by General Contractors to make renovations and repairs on single, and multi -level unit buildings. The Consultant/Contractor shall prepare bid specifications and cost estimates with "before" and "after photographs relative to the renovations being provided and reported to the City. Refer to complete services to be provided to the City in the "Scope of Work" section of this document. Qualifications To be eligible for award of this bid, at time of bid opening, qualified Consultant/Contract must possess at least one of the following State Certification and/or County License and State Registration (if applicable) or any license that can meet, exceed, or legally perform the scope of work as determined by State or County licensing agency. STATE: CERTIFIED GENERAL CONTRACTOR or COUNTY: BUILDING CONTRACTOR or GENERAL BUILDING CONTRACTOR CLASS "A" (State Registration Required) or IeT; Mk (State Registration Required) Unlimited "Residential to 3 Story NOTE: Successful Bidder must also have a minimum of three (3) years continuous and verifiable work scope experience of similar spec writing preparation history. We (bidder) 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. 6�(j F-o!,(�) & `,ct,,eaole c)f Pid P14"O'S Cily of and Contracts Division .. ............... BID SCHEDULE For each bid item, bidder agrees to furnish all labor, material, tools and equipment necessary to properly complete the work described herein. Prices offered below by bidder are all inclusive to perform the work as specified, including all incidentals in the "Scope of Work". Item No. Description Unit Price, Each 1. Initial Inspection of Property, preparation of building specification with "before pictures" Single Family Residence under 3,000 square feet $ Single Family Residence over 3,000 square feet $ Multi -Family Structure 2-6 Units / One Building $ Multi -Family Structure 7-12 Units One Building $ Multi -Family Structure 13 -20 Units One Building $ 2. Final Inspection and "after pictures" fees - includes first and second Final, if necessary Single Family Residence under 3,000 square feet $ Single Family Residence over 3,000 square feet $ Multi -Family Structure 2-6 Units / One Building $ Multi -Family Structure 7-12 Units One Building $ Multi -Family Structure 13 -20 Units One Building $ 3. Additional Inspection and "after pictures"— after second Final, if necessary Single Family Residence under 3,000 square feet $ Single Family Residence over 3,000 square feet $ Multi -Family Structure 2-6 Units / One Building $ Multi -Family Structure 7-12 Units One Building $ Multi -Family Structure 13 -20 Units One Building $ Continued next Page, .. ........ ,,, ?3" c", F- v i u () f Bic ) R� ic"e Cily of T.-�Ioarac Pw�,�hosing and Conttacts Omsion ... ... .... . ....... ............ . -------- --- - ------------------ ------ --- - 4. Meeting with the Building Department per Hour Fee (Requires prior approval from Contract Administrator) Consultant/Firm Name: ko" .. .......... ....... ---- ------------- -- --- -- - - --------- - ------ - --- - ---------- - - of Ewl Po� e,,� City of 7amacw Contlacts Division . . .. . . .. .... . . . . .......... ....... ........................ ... BID FORM (continued) SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM :11 9J L, low I I re*4 Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88 th Avenue Tamarac, Florida 33321 Date 1 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. - -- - ----- -------- S CH -4 R,�! Fow? & Schedide of Sia Pocus fl�111!11111111asiog �-,o?d Contracts Division BID FORM (continued) BID NO. 07-228 SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM 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. Authorized Signature Typed/Printed Name Telephone Fax Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number SO Forw P�ices or Tamarac Flvnd;asing and (3ontracts Dvisiori BID FORM (continued) :1I13k118x1,y&*4:1 SPECIFICATION PREPERATION CONSULTANT FOR REHAB OF SINGLE & MULTI- UNIT HOUSING UNDER THE DISASTER RECOVERY INITIATIVE (DRI) PROGRAM Bidder's Name: TERMS: _ % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: 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. 'S C 6 & Flw;es, 0tv Of Tamal,,..ic 44 10'k� P�ilcilasing and Contt��c�?s Doslom SCOPE OF WORK Services for this contract are associated with the Community Development Block Grant Disaster Recovery Initiative (DRI) Program. All funds and term of this contract shall be as provided for under the City's Grant Agreement with County and State agencies. The successful Consultant/Contractor for this contract shall possess at time of bid opening, one of the bid required State or County licenses and the experience requirement referenced in the Bid Form. Consultant shall be required to inspect various designated dwellings as directed by the Community Development Department's Contract Administrator. All property to be inspected shall have qualified for grant rehabilitation work under the Disaster Recovery Initiative Program (DRI). Consultant shall take "before" and "after" pictures of the structural renovation and provide a cost estimate to the Community Development Department of the renovations to be specified. Consultant shall prepare written specification in sufficient detail for licensed Contractors to fully understand the scope of renovation meeting all applicable and current building codes Consultant shall prepare written specification in a "Line Item" by "Line Item" format to allow for proper bidding by qualified Contractors in the event individual items mat not be covered by terms or requirements of the program. Any required but omitted specification scope for rehab work preventing a "notice of commencement" from being issued to Contractor, as determined by authority of the Building Department agency, shall be modified by Consultant without delay, at no further cost to City. Administrative Requirements: Consultant/Contractor shall be required to provide fax notification to all Pre -Qualified General Contractors (List to be provided by City) for uniform advisement of time and place of a mandatory Pre -Bid meeting, a minimum of five (5) calendar days prior to the scheduled meeting. This meeting shall be the one and only opportunity Contractors shall have to obtain from the Consultant, copy of the specifications and Bid Form. The Consultant shall secure at the commencement of each project Pre -Bid meeting, a Contractor's "Attendance Sign -in Log". The Consultant shall ensure each attending and appropriate Contractor representative sign the "log" as proof of attendance. Copy of the "Attendance Sign -in Log" must become part of the "Project File" maintained by Consultant. City of 7amarac For,,,'hasing and (",onlracts Oivis�(,)n -- ----------------------- - -------- - - --- -- ---- ------- -- ---- ----- - No single Contractor shall be provided additional instruction by Consultant concerning a project during the bid process. The bid process must be administrated by Consultant so not to give one Contractor an advantage over another with respect to material information. Consultant shall be required to provide same notice of meetings and same instruction to all attending Contractors at the mandatory meeting at the job site. If additional specification or clarification instruction is required as determined by Consultant during the bid process, Consultant shall prepare a written addendum to the original bid project indicating any substantial change(s) to the bid spec or bid form, and forward to all eligible Contractors. The Contractor's bids shall be addressed and returned dir to the Community Development Department in a sealed envelope by the specified due date as established by Consultant. The evaluation, award or rejection of all bids shall be as determined City. The Bid due date should not be less than (10) calendar days from date of the mandatory Pre -Bid meeting, however not greater than (20) days from the Pre -Bid meeting, unless written bid addendum is issued by Consultant necessitating revision of bid due date. All correspondence by Consultant to Contractors shall become part of the appropriate "Project File" and copy shall also be forwarded to the Housing Administration Division, All Consultant "Project Files" shall be maintained current at all times on behalf of City who reserves the right to review such "Project Files" upon (3) day notice provided by City to Consultant. City shall be named Owner of all "Project Files" as maintained by Consultant for this Grant Program. All specifications, notes, photos, project correspondence of any type associated with a "Project File" shall be the property of the City. 2? Citv of T,.�n'?�vac, purcl)aslng & (7("Wla�'ts oivislon - ------------- NON -COLLUSIVE AFFIDAVIT State of )ss. County of. and says that: He/she is the or Agent) of attached Proposal; being first duly sworn, deposes (Owner, Partner, Officer, Representative . the Offeror that has submitted the He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; 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 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; The price or prices bidd 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: Witness Witness 23 -2 Printed Name Title Putchasiflg c , nnttacts Dmsinn City of 7amwac , 'D ce�� F-1163.214IL 1911A 11:4111eiU41 " NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of 1 20—, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before 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) 0 Personally known to me, or 11 Produced identification: (Type of Identification Produced) El DID take an oath, or 0 DID NOT take an oath City of Tan?aiac Pwchasing and Contr,..icls Divvsion 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 7 PARTNERSHIP F1 CORPORATION [:1 OTHER If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number 215 of T�.-miatac Pur chas�nq al�d (.�oot;ads r'Xvisioo 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 Address City State Zip Telephone Fax Number 1 How many years has your organization been in business under its present name? 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 [71 No [71 If Yes, attach copy of Certification 5. Are you Licensed? Yes El No 0 If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes F-1 No F-1 If Yes, explain: 7. Are you a Sales Representative 0 Distributor E] Broker F-1 or Manufacturer of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes E No L] If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes L] No E If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes D No [71 If yes, explain: 26 ftlk City ufTamarac purchosngandCnnhacfsDivision ---'----'----------------- ------ 27 city or Tamarac Pw,cfi�?Slw) 0"0 Division ......... . ...... . . ...... ... ... .. ......... 11.11 ­ I ­ 1.11 1.11 1 LTA:I,kl I BIG] ;10 01ta ;I ;14 ZKYLO] N 11,11:2 W-1101 4 Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs, Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature 28 Company Name City of Tamarac FlutLh,,�svn() aod Contlacts Division CERTIFIED RESOLUTION (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of I do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Narrie)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME 11111111111111119 Given under my hand and the Seal of the said corporation this (SEAL) M SIGNATURE day of , 20_. Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Citv of Tamarac SAMPLE AGREEMENT ** CA 4 4 1! 1 d: 14103 11 V9012 IF-11 J, F-11 XIT-61 F-11 z I 61� THIS AGREEMENT is made and entered into this day of 7 2007, 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 Inc., a Florida corporation with principal offices located at (the "Consultant/Contractor") to provide for administrative services for the Community Development Department. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement and Bid No. 07-22B, including all conditions therein, (including any General Terms and Conditions, Special Conditions, Special Provisions and Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), and all modifications issued after execution of this Agreement. These 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 of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish continuing administrative services as contained in Bid No. 07-22B under the schedule direction of the Community Development Department. 2.1.2 Consultant shall perform these administrative services in support of the City's Community Development Department for rehabilitation program for the architectural barrier removal program (i.e. handicap accessibility). 2.1.3 Consultant will be available for questions that homeowners may have regarding the rehabilitation process while the scope of work is being conducted. Consultant will serve as a mediator in the event that the Homeowner and General Contractor are not able to resolve differences of opinions related to the scope of work. 2.1.4 Consultant shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to . ......... . ... City of Tamarac any schedule change with the exception of changes caused by inclement weather. 2.1.5 Consultant 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 Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant 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. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement and continue through City's Fiscal Year 2007. City reserves the option to renew the agreement for two (2) additional one (1) year periods subject funding, Consultant's acceptance to renew and satisfactory performance and determination that renewal is in the best interest of City. Completion time per specific project shall be calendar days from City notice for under this agreement. 5) Contract Sum The Contract Sum shall be paid in accordance with the fees contained in Quotation submittal No. 07-22B. 6) Payments Consultant shall be paid as specified in Bid No. 07-22B. The maximum payment for services will be $ or . All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. H City of Tamarac 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their 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 the Consultant, any sub - Consultant, 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 the performance of the Work; or c). liens, claims or actions made by the 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 the City to enforce this agreement shall be borne by the Consultant. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The 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. 7.4. 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. 8) Non -Disc rim i nation & Equal Opportunity Employment Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. 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 successful Offeror(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consulting officer setting forth the provisions of this nondiscrimination clause. The M of Tamarac successful Offeror further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and subject to supervision by the Consultant, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. 10) Assignment and Subcontracting Consultant 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. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONSULTANT 12) Termination 12.1 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 Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should ... .... .. . ... . . ... . . . .. . ... .. .. .. ............... . ..... — - ................ ... .. .. . Citv of Tamarac the Consultant 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 Consultant of written notice of such neglect or failure. 13) 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. 14) 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. 15) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 16) 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. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 18) 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. M City of Tamarac 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 City Manager, and CONSULTANT, signing by and through its Corporate President, duly authorized to execute same. CITY OF TAMARAC ATTEST: Jeffrey L. Miller, City Manager Marion Swenson, CIVIC Date: City Clerk Approved as to form and legal sufficiency: Date Samuel S. Goren, City Attorney ATTEST: (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date .. . . .. .. .... .... ... ..... ... ... ...... . ..... ,35 Citv of Tamarac Is � 001 V affl 1 :11 Die] AM 1A 0111 611EA1111:11115619 SS 1whyKe]: 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 I a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this — day of 1 20_. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public F� Personally known to me or FJ Produced Identification Type of I.D. Produced DID take an oath, or DID NOT take an oath. 36 'A'x e ef ��c't �' of Tamarac AGREEMENT BETWEEN THE CITY OF TAMARAC FAN-11 ROBERT M. HERON SPECIALTY BUILDERS, INC. THIS AGREEMENT is made and entered into this 5V day of 2007, 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 Robert M. Heron Specialty Builders Inc., a Florida corporation with principal offices located 160 NE 215 Street, Miami, FL 33179 (the "Consultant/Contractor") to provide for administrative services for the Community Development Department. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement and Bid No. 07-22B, including all conditions therein, (including any General Terms and Conditions, Special Conditions, Special Provisions and Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), and all modifications issued after execution of this Agreement. These 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 of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish continuing administrative services as contained in Bid No. 07-22B under the schedule direction of the Community Development Department. 2.1.2 Consultant shall perform these administrative services in support of the City's Community Development Department for the preparation of specifications for single and multi -unit dwellings requiring rehabilitation under the Disaster Recovery Initiative Program (HUD) and any extension or addition of funds under the DRI program. 2.1.3 Consultant will be available for questions regarding the prepared specifications throughout the rehabilitation process. 2.1.4 Consultant 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. 2.1.5 Consultant shall comply with any and all Federal, State, and local laws City of Tamarac codes and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant 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. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement and continue through the term of the HUD grant program expected to continue through 2009. Completion of specification writing services for each specific project shall not be more than (30) calendar days from City's Notice to Proceed. 5) Contract Sum The Contract Sum shall be paid in accordance with the terms and conditions of Bid No. 07-22B and as contained in its Bid Schedule of prices submitted by Contractor and up to the available amount of grant funds and supplemental grant funds under the Disaster Recovery Initiative (DRI) Program for specification writing and administrative services, 6) Payments Consultant shall be paid as specified in Bid No. 07-22B. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VI I, Chapter 218. 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their 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 City of Tamarac from any actual or alleged act or omission of the Consultant, any sub - Consultant, 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 the performance of the Work; or c). liens, claims or actions made by the 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 the City to enforce this agreement shall be borne by the Consultant. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The 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. 7.4. 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. 8) Non -Discrimination & Equal Opportunity Employment Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability, 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 successful Offeror(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consulting officer setting forth the provisions of this nondiscrimination clause. The successful Offeror further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor Consultant is an independent contractor under this Agreement. Personal services provided by the Consultant shall be by employees of the Consultant and subject to supervision by the Consultant, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Consultant. of Tamarac 10) Assignment and Subcontracting Consultant 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. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U,S, Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONSULTANT Robert M. Heron Specialty Builders, Inc. 160 NE 215 Street Miami. FL 33179 12) Termination 12.1 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 Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant 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 Consultant of written notice of such neglect or failure. 13) 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 City of Tamarac 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. 14) 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. 15) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 16) 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 u n enforceability 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. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant 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 Consultant and the City. 18) 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. Balance of Page Intentionally Left Blank Citv of Tamarac 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 City Manager, and CONSULTANT, signing by and through its Corporate President, Robert M. Heron, duly authorized to execute same. CITY OF TAMARAC Seth FI Mayor 7 Date: tell, ATTEST: Jeffr,6� L. Viller, City Manager 47' Y Marion Swenson, t Date: City Clerk Date Robert M. Heron Type/Print Name of Corporate Secy (CORPORATE SEAL) ApproV; )rmAnd legal sufficiency: jr Robert M. Heron. President Type/P i t N f President/Owner 7e ; X, 71 �0' DatEy City of Tamarac CORPORATE ACKNOWLEDGEMENT STATE 0 :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaio and in the Coun afore id to take acknowledgme s, personall appeared If e� 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 thi ay of 2 YVONNE TYSON NOtarY Public- State of Florida MYCOMMIsslon* D6675384 Expires July 05,2011 Bonded Thru Atlantic Bonding Co., Inc. Signature of N State of Flor�daAt Large Print, Type or Stamp O/Name of Notary Public Personally known to me or 0 Produced Identification Type of I.D. Produced �/DID take an oath, or DID NOT take an oath. 7 Agre(,�,ment