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