HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-131Temp. Reso. #10147 - May 28, 2003
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- J.3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH RECREATIONAL
DESIGN & CONSTRUCTION, INC., IN AN AMOUNT NOT TO
EXCEED $73,680.00 FOR THE CONSTRUCTION OF THE
WETLANDS AND CANAL AT THE MCNAB ROAD PARK
PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac entered into an Agreement with Silverstein
Enterprises, Inc., on June 27, 2001, to develop a wetland mitigation area on a portion of
the McNab Road Park Property, attached hereto as Exhibit 1; and
WHEREAS, Silverstein Enterprises, Inc., has agreed to pay the City of Tamarac the
amount of $73,680.00 in lieu of developing the wetland mitigation area as a portion of the
McNab Road Park Property; and
WHEREAS, on April 24, 2002, through City of Tamarac Resolution No. R-2002-113,
the City of Tamarac entered into an Agreement with Recreational Design & Construction,
Inc. for the Design/Build of the McNab Road Park Property, attached hereto as Exhibit 2;
and
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Temp. Reso. #10147 - May 28, 2003
Page 2
WHEREAS, it is the recommendation of the City Manager and the Director of Parks
and Recreation that an Amendment to the Agreement with Recreational Design &
Construction, Inc., in the amount not to exceed $73,680.00, be executed for the
construction of the wetlands and canal at the McNab Road Park Property; attached here to
as Exhibit 3 and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the City of Tamarac to execute an Amendment to the Agreement with
Recreational Design & Construction, Inc., for the construction of the wetlands and canal at
the McNab Road Park Property, in an amount not to exceed $73,680.00.
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 upon
adoption hereof.
SECTION 2: That the appropriate City Officials are hereby authorized to execute an
Amendment to the Agreement with Recreational Design & Construction, Inc. for the
construction of the wetlands and canal at the McNab Road Park Property, in an amount not
to exceed $73,680.00, attached hereto as Exhibit 3.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp. Reso. #10147 - May 28, 2003
Page 3
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, ADOPTED AND APPROVED this 111" day of June, 2003.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
LEI
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
EXHIBIT T
TEMP RESO #
10147
AGREEMENT BETWEEN
CITY OF TAMARAC
AND
SILVERSTEIN ENTERPRISES, INC.
FOR
ENVIRONMENTAL MITIGATION
IN
CITY OF TAMARAC PARK
%AJ-rnaa.i rccuments\287-1 Agmermnt WIM City of Tamarac 08/13/O1
This Environmental Mitigation Agreement ("Agreement) dated this 0? 7 day of
2001 is entered into by the CITY OF TAMARAC, a Florida municipal
co oration ("the City) and SILVERSTEIN ENTERPRISES, INC., a Florida corporation, 10200 NW
(37 Street, Tamarac, Florida 33321 ("Developer).
WIT NESSETH:
WHEREAS, Developer owns certain land in the City upon which Developer desires to
construct industrial buildings ("Project); and
WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward
County Department of Planning & Environmental Protection ("DPEP) and South Florida Water.
Management District ("SFWMD); and
WHEREAS, Developer is obligated by DPEP and SFWMD to undertake environmental
mitigation activities for the impact of wetlands on the Project site; and
WHEREAS, the City owns and controls certain real property as described as a portion of
Tract 16, Section 7, Township 49 South, Range 41 East, "Florida Fruit Lands Company's Subdivision
No 2", according to Plat thereof, as recorded in Plat Book 1, at Page 102, of the Public Records of
Palm Beach County, Florida, lying in the City of Tamarac, Broward County, Florida referred to as
McNab Road Park Property ("Park); and
WHEREAS, the City, DPEP and SFWMD require approval of the Mitigation Plan described
herein and the City agrees to allow Developer to take credit for 1.11 acres of the mitigation shown in
the Mitigation Plan; and
WHEREAS, the development of the Mitigation Plan shall be performed by the Developer and
shall be in accordance with the Specific Conditions of DPEP Environmental Resources File No.
0018287 and SFWMD Application No. 010427-13; and
WHEREAS, the City Staff has reviewed and recommends approval of the conceptual
Mitigation Plan attached hereto as Exhibit "A" ("Mitigation Plan); and
NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants
and hereafter set forth, City and Developer agree as follows:
Recitals. The above recitals are true and correct and are hereby incorporated herein.
2. Ci Consent. The City hereby grants its approval and consent to the Mitigation Plan.
City grants Developer the right to enter into and upon the Park to fulfill its obligations under this
Agreement. The City may enter the Park at any time to inspect the Park and the progress of the
Mitigation Plan. It is expressly understood by all parties that the City has only granted the Developer
permissive rights and this Agreement shall not operate to create or vest any property rights in
Developer.
3. Developer Duties.
(a) Developer shall do all things required by this Agreement and the Mitigation
Plan and shall use reasonable care and due diligence to ensure that all work performed on the 1.61
acres of mitigation shown on the Mitigation Plan is accomplished in accordance with reasonable
standards established by the City and in conformity with the Mitigation Plan. Work on the Mitigation
the
Plan shall not be performed so as to unreasonably interfere with other activities occurring
Park. 2
.. _.. _ ..,•,.a .-------.. i.�n Pih, If 7.n+n NCJ1 V01
(b) Developer shall monitor the implementation of the Mitigation Plan and shall
assign personnel, as needed, to supervise the construction and planting activities as set forth in the
Mitigation Plan. Any mitigation monitoring reports required and/or provided to DPEP and SFWMD
shall also be provided to the City of Tamarac.
(c) Developer shall maintain the Mitigation area in accordance with the Specific
Conditions of the DPEP and SFWMD permits for a period of five (5) yearn commencing upon the
completion of the planting and the submittal of the Time Zero (initial) Monitoring Report.
(d) Developer shall excavate approximately 570 lineal feet of 100-foot wide canal
located on City property in accordance with the typical cross-section provided by the City. The
excavated material will become the property of the Developer for use on the Project site.
(e) Developer shall satisfy any fees associated with the permit process for the
Project, including the DPEP monitoring fee.
(f) All work performed by Developer shall be performed in accordance with all
Federal, State and local safety regulations and rules.
4. Indemnification. Developer, by acceptance of this Agreement, covenants and agrees
to investigate all claims related to the activities performed by Developer and to indemnify, protect,
and hold harmless, the City and its officers, agents and employees from any and all lawsuits, claims
and actions arising out of this Agreement which are as a result of the negligent acts or omissions of
the Developer. This provision is subject to the limitations of liability as provided in Section 768.28 of
the Florida Statutes, and does not act as a waiver of the Developer's or City's entitlement to
sovereign immunity as a matter of statutory and common law.
5. Notice of Failure to Comply. In the event that either party fails to perform any of the
terms, conditions under this Agreement, the complaining party shall provide written notice requiring
the satisfactory and immediate correction of such failure within thirty (30) days. The non -
complaining party shall provide an answer to such notification within fifteen (15) days of the notice.
If the non -complaining party fails to answer and/or fails to take reasonable steps toward a remedy of
the failure, the complaining party shall have the right (but not the obligation) to have such failure
remedied and any monies expended by the complaining part shall be the obligation of and shall be
reimbursed by the non -complaining party.
6. Termination. Developer's obligations under terms of this Agreement shall be
considered satisfied upon completion of the Mitigation Plan and acceptance by DPEP and SFWMD
at the end of the five (5) year monitoring period.
7. Acknowled merit. The City acknowledges that it has the perpetual responsibility for
maintaining the Mitigation Area as permitted by DPEP File No. 0018287 and SFWMD Application
No. 010427-13. Developer acknowledges that he has the responsibility of successfully performing
certain restoration, enhancement, maintenance and monitoring activities as described in the
attached Mitigation Plan subject to the issuance of the referenced environmental permits and
approved by the City, DPEP and SFWMD over the course of the expected five (5) year project
duration. "Successfully', as used in this paragraph, shall refer to the performance criteria of said
environmental permits when issued.
8. Application Time Frames. The City acknowledges that the periods set forth in the
Mitigation Plan are "target" dates and that such dates do not bind or limit the ability of Developer to
commence work on the Mitigation Plan at a later date as long as work on the Mitigation Plan is
commenced within nine (g) wiQhhold hths of the e finale of the Certificateof Occupancy foof the PEh pole tuntil �Dthc�me
The City retains the right to
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In,,viXPR i nnr_imenlsl287-1 Aareemenl WO City of Tamarac 05i1=1
Zero Monitoring Report, as -built drawings and area certification have been submitted to DPEP and
SFWMD. DPEP, SFWMD and the City shall agree that the mitigation area has been substantially
constructed in accordance with the intent of the Mitigation Plan before issuance of final Certificate of
Occupancy.
9. Insurance Requirements.
A. Without limiting any of the other obligations or liabilities of Developer,
Developer or its contractors and subcontractors shall provide, pay for and
maintain in farce during the periods of time work is performed under this
Agreement (or for such duration as is otherwise specified hereinafter), the
insurance coverage's set forth herein.
1) Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. in addition, the policy (ies) must
include:
a. Employers' Liability with a limit of One Hundred Thousand
Dollars ($100,000.00) per accident.
2) Comprehensive General liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
a. Premises and/or Operations.
b. Independent Contractors.
B. These insurance requirements shall not relieve or limit the liability of
Developer. The City does not in any way represent the types and amounts of
Insurance required hereunder are sufficient or adequate to protect Developer's
interests or liabilities but are merely minimum requirements established by the
City's Risk Management Coordinator. The City reserves the right to require
any other insurance coverage's that the City deems necessary depending
upon the risk of loss an exposure to liability.
C. Insurance companies selected must be acceptable to the City. 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.
D. The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the
minimum rating of A - VII, in accordance with the latest edition of A.M. Best's
Insurance Guide. The City of Tamarac shall be named as A<Idit,ional Insured
on said insurance policies.
E. The Developer shall require each of its subcontractors of any tier to maintain
t in
the insurance required herein (except as respects limits of coverage
4
employers and public liability insurance which may not be less than One Million
Dollars ($1,000,000.00) for each category), and the Developer shall provide
verification thereof to the City upon request of the City.
F. All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against the City with the express intention of the
parties being that the required insurance coverage protects both parties as the
primary coverage for any and all losses covered by the above described
Insurance.
G. The Developer shall ensure that any company issuing insurance to cover the
requirements contained in this Agreement agrees that they shall have no
recourse against the City for payment or assessments in any form on any
policy of insurance.
H. The clauses "Other Insurance Provisions" and "Insured Duties in the Event of
an Occurrence, Claim or Suit" as it appears in any policy of insurance in which
the City is named as an additional named insured shall not apply to the City.
The City shall provide written notice of occurrence within fifteen (15) working
days of the City's actual notice of such an event.
I. The Developer shall not commence performance of its obligations under this
Agreement until after it has obtained all of the minimum insurance herein
described and the same has been approved.
J. Violation of the terms of this Paragraph and its subparts shall constitute a
breach of the Agreement and the City, at its sole discretion, may cancel the
Agreement and all rights, title and interest of the Developer shall thereupon
cease and terminate.
K. The Developer will provide and maintain, at its own expense, public liability
insurance.
L. Any Professional Engineering firm retained by the Developer to design
facilities that are to be constructed on City property shall be required to 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.
10. Contact Individual. The City shall designate an individual with whom Developer and
its consultants can coordinate all activities and approvals required by this Agreement. Unless
otherwise notified in writing, the individual shall be as follows:
City Manager
City of Tamarac
7525 NW 8e Avenue
Tamarac, FL 33321-2401
11. Miscellaneous.
A. Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and unders4oAdings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements, or conditions, express or irnptiad, oral or written, except as
herein contained.
5
%Ai,, DO i rlv„rnen1%\�187-1 Anreement With City of 7ernarac M13101
B. Assignments: Amendments. It is agreed that no modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document executed with the same formality and of equal
dignity herewith.
C. 5,everabili . The invalidity of any provision hereof shall in no way effect or
invalidate the remainder of this Agreement.
D. Notices. Any notice and other communications required or permitted to be
given hereunder shall be in writing and transmitted by messenger, certified
mail, or return receipt requested, to be delivered as follows:
To the City: City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
Copy to: City Attorney
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
To Developer. Leon Silverstein
Silverstein Enterprises, Inc.
10200 NW 670' Street
Tamarac, FL 33321
E. Goveming Law and Venue. This Agreement shall be construed in accordance
with the laws of the State of Florida, and any proceeding arising between the
parties in any matter pertaining to this Agreement shall, to the extent permitted
by law, be held in Broward County, Florida.
F. Binding Effect. This Agreement shall be binding upon and enforceable by and
against the parties hereto, their personal representatives, heirs, successors,
grantees and assigns.
G. Attorneys' Fees. Should either party hereto bring an action against the other
to enforce the terms and provisions hereof, then the party prevailing in said
action shall be entitled to a judgment against the other for his reasonable
attomeys' fees and costs.
6
W&TpRJ DocuriMte\287-1 AgmM*rd Vlrith City o! 7amww 06113/01
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature.
ATTEST:
By:
City Clerk
CITY OF TAMARAC
CITY OF TAMARAC, a Florida municipal
corporation,
By:
79 Mayor
- Y CK L. /
_ �ihi BY
ity Manager
CORPORATE SEAL ^ /
11
L
Wm&PRJ t]wjmwntst 287.1 AWwfT nt With Gry of Tamarac 0&13V
VA
Signed, sealed and delivered
In the presence of.
Print Name:
Print Name:
Leslie Anderson
STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD )
SILVERSTEIN ENTERPRISES, INC.,
a Florida tion
By:
Print Name: Leon Silverstein
Title: President & CEO
Address:
10200 NW 67th Street
Tamarac,_ FL 33321
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, the foregoing
instrument was acknowledged before me by Leon s i l v e r s t e i n , the
President & CEO of SILVERSTEIN ENTERPRISES, INC., a Florida corporation, freely
and voluntarily under authority duly vested in him/her by said corporation and the seal
affixed thereto is the true corporate seal of said corporation. He/She is personal known to
me or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
14th day of dune , 20 01
•r1 .. •
M.-U
Public
Notice Public
My Commission Expires:
8
WordNpRj Documenw287.1 Agreement With City of Tamarac W13101
Temp. Resolution 10147
Exhibit 2
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
RECREATIONAL DESIGN & CONSTRUCTION, INC.
THIS AGREEMENT is made and entered into this 2!�_ day of(94LL 2002
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 Recreational Design &
Construction, Inc., a Florida corporation with principal offices located at 3990 N. Powerline
Road, Fort Lauderdale, Florida 33309 (the "Contractor') to provide Design/Build services
for the McNab Road Park property.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and
Contractor agree as follows:
I ) The Contract Documents
The contract documents consist of this Agreement, conditions of Request for Proposal RFP
01-09R attached hereto and incorporated herein as Exhibit 1", (General, Supplementary
and other Conditions), drawings, specifications, design criteria, all addenda issued prior to,
and as detailed in the Special Conditions to the project, attached hereto and incorporated
herein as Exhibit "2" and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2) The Work
The contractor shall perform all work for the City required by the contract documents as set
forth below:
a) Contractor shall furnish all labor, materials, and equipment necessary to provide
services for design build for the McNab Road Park Project as described in the RFP
01-09R, with all required minimum standards for construction required by the design
criteria, and as required by the Final Price Proposal and Preliminary Site Plan
attached hereto and incorporated herein as Exhibit "3" and per the final approved
plans and specifications.
b) Contractor shall clean up and remove each day all debris and material created by
the work at the contractor's expense.
c) Contractor shall supervise the work force to ensure that all workers conduct
themselves and perform their work in a safe and professional manner. Contractor
shall comply with all OSHA safety rules and regulations in the operation of
equipment and in the performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies and procedures
at the Contractor's expense.
d) All equipment must be stored in a safe manner when not in operation. The City
shall not be responsible for damage to any equipment or personal injuries caused
by the Contractor's failure to safely store equipment.
e) Contractor shall provide the City with seventy-two (72) hours written notice prior to
the beginning of work under this Agreement and prior to any schedule change with
the exception of changes caused by inclement weather.
f) Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the Contractor, its employees, agents or subcontractors, if
any, with respect to the work and services described herein.
3) Insurance
Contractor shall obtain at Contractor'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 including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Contractor shall maintain such insurance in full force and effect during
the life of this Agreement. Contractor shall provide to the City's Risk & Safety Officer
certificates of all insurances required under this section prior to beginning any work under
this Agreement. The Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
Contractor shall indemnify and hold the City harmless for any damages resulting from
failure of the Contractor to take out and maintain such insurance. Contractor's Liability
Insurance policies shall be endorsed to add the City as an additional insured. Contractor
shall be responsible for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced upon the date of
Contract Commencement in the Notice to Proceed and, subject to authorized adjustments,
shall be substantially completed no later than two hundred seventy two (272) days after
issuance of permit.
6) Contract Sum
The Contract Sum for the above work is for a not to exceed amount of Eight Hundred
Ninety Six Thousand, Nine Hundred Thirteen Dollars and no/100 cents ($896,913.00).
2
6) Payments
The City shall pay in full the Contract Sum to the Contractor upon completion of the work
listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall
pay the Contractor for work performed subject to the specifications of the job and subject to
any additions and deductions by subsequent change order provided in the contract
documents.
7) Waiver of Liens
Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or contractors who worked on the project that is the subject
of this Agreement.
8) Warranty
Contractor warrants the McNab Road Park Design Build Project against defect for a period
of one year(s) from the date of completion of work. In the event that defect occurs during
this time, Contractor shall perform such steps as required to remedy the defects.
Contractor shall be responsible for any damages caused by defect to affected area or to
interior structure.
9) Indemnification
The Contractor shall indemnify and hold harmless the City, its elected and appointed
officials, employees, and agents from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with loss of life, bodily or personal
injury, or property damage, including loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or independent contractors,
excepting only such loss of life, bodily or personal injury, or property damage solely
attributable to the gross negligence or willful misconduct of the City or its elected or
appointed officials and employees. The above provisions shall survive the termination of
this Agreement and shall pertain to any occurrence during the term of this Agreement,
even though the claim may be made after the termination hereof.
Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
10) Non -Discrimination
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their age, handicap, race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination.
The Contractor further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this Agreement.
3
11) Independent Contractor
Contractor is an independent contractor under this Agreement. Personal services provided
by the Contractor shall be by employees of the Contractor and subject to supervision by
the Contractor, 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 Contractor.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement without
the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
13) 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, sent by registered United States mail, with
return receipt requested, addressed to the party for whom it is intended at the following
addresses.
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONTRACTOR
Joseph C. Cerrone, III
President
Recreational Design & Construction, Inc.
3990 N. Powerline Rd.
Ft. Lauderdale, FL 33309
14) Termination
This Agreement may be terminated by City or Contractor for cause or by the City for
convenience, upon thirty (30) days of written notice by the terminating party to the other
party for such termination in which event the Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this termination.
4
Default by Contractor: In addition to all other remedies available to the City, this Agreement
shall be subject to cancellation by the City 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.
IS) 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.
16)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.
17) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
18) 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.
19) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City, and
negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by
both the Contractor and the City.
N7
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, through its Mayor and
Recreational Design & Construction, Inc., signing by and through Steven L. Siems, its
CEO, duly authorized to execute same.
ATTEST: _
!MaUrionNw�eson, VMC���
City Clerk -
07—
Date
ATTEST:
Corporate Secretary
STwAw cTeg v s L
ti
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
77
CITY OF TAMARAC
oa_p 'A
2Q" Z__
Joe reiber, Mayor
4.2 5 02.
Date
Jeffrey yL. ill , City Manager
Date:
4-2!S-42
as to fo d l9dal sufficiency:
II S. Kraft,
Recreational Design & Construction, Inc.
ignature of CEO)
Steven L. Siems
Type/Print Name of CEO
/7 zoa
Date
0
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OFJ:
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
Steven L. Siems of Recreational Design & Construction, Inc., a Florida Corporation, to me
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this day of "' , 2002.
ign re of Notary Public
FRANK J. HEVOM of Florida at Large
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXPIRES MAY 18 2002
COMM #CC721687
Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
Temp. Reso. #10147
"EXHIBIT 3"
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND RECREATIONAL DESIGN & CONSTRUCTION, INC.
The CITY OF TAMARAC and Recreational Design & Construction, Inc., agree to amend the
original Agreement dated April 24, 2002, as follows:
Addition of the Scope of Work, attached hereto and incorporated herein as
Attachment A. The work to be performed, as outlined in Attachment A, will be
completed by September 30, 2003.
All other portions of the original Agreement and subsequent amendments shall remain in effect
unless amended in writing by both parties.
IN WITNESS WHEREOF, the parties have made and executed this Amendment on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and
RECREATIONAL DESIGN & CONSTRUCTION, INC.., signing by and through its CEO, duly
authorized to execute same.
ATTEST:
Marion Swenson, MC, City Clerk
Date:
GRFI ���ir
i
•••5•ONF
Steven B._Westezyelt
Type Name of Corporate Secretary
CITY OF TAMARAC
By;'
Joe ScYireib,er, Mayor
Date: / Qj
Jeffrey Cfturr, City Manager
Date: o
itchell S.
REC
T
fttr and legal
6 �
t, City rney
JE//GN & CONSTRUCTION, INC.
s, CEO
(CORPORATE SEAL)
Page 1 of 1
Attachment A
�lL
May 30, 2003
RECREATIONAL DESIGN & CONSTRUCTION, INC.
3990 NORTH POWERLINE ROAD
FORT LAUDERDALE, FL 33309
954-566.3886
FAX; 954.566.3335
EMAIL: info@recreationaidesign.com
City of Tamarac
8601 W Commercial Blvd.
Tamarac, FL 33321
Attn: Kathleen Margoles
Re: McNab Road Park - Section 7 Township 49S,
Range 41E, Broward County, Florida
Dear Ms, Margoles:
RECEIVED
Narks ,A o-ocieution
Citv of Tamarar:
Recreational Design & Construction, Inc. hereby submit our not to exceed price for ecological mitigation
services located in Section 7 Township 49S, Range 41E, Broward County, Florida, the property known as
McNab Road Park, Broward County, Florida. The scope of work is as follows:
SCOPE OF WORK
Mitigation Creation $ 61,840.00
• Provide all labor, material and equipment necessary to construct .89 acres of shallow marsh, .57 acres of
transitional slope and . ] 5 acres of gator hole per SFWMD permit 06-03462-P drawings.
• Excavate and create wetland planting areas per permit SFWMD 06-03462-P drawing cross sections C-C
and D-D, with a starting elevation of +/- 8 feet to a depth of no greater than elevation +/- .50. All spoils
from creation of wetland will be stockpiles on site and removed from site at the earliest convenience.
Provide original lay -out of mitigation area, one semi -permanent grade stake to remain until completion
of mitigation area construction and all as -built surveys needed.
Creation of Littoral Shelf $11,840.00
• Provide all labor, material and equipment necessary to construct a littoral shelf approximately twenty
feet (20') wide by five hundred feet (500') long.
• Excavate and expand the canal between the existing canal to the south of the property and the mitigation
area to be created. This will be excavated to match the existing canal cross section (max of plus or
minus seven feet (+/- T) below grade). All spoils from creation of the littoral zone will be stockpiled on
site, and removed from site at the earliest convenience.
Total for Mitigation Creation & Creation of Littoral Shelf: $ 73,680.00
Note: Price and scope is based upon approval of City of Tamarac Commission on the June 8", 2003 agenda
with a timely "Notice to Proceed"
If you have any questions or require further information, please do not hesitate to contact me.
Sincerely,
ign & Construction, Inc.
C. Cerrone, III
O:\RDC Projects\JobsUobs\02-223 RFP McNab Road Park Property\Word Documents\proposal.-Margoles-2-12-03.wpd
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