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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-121Temp. Reso. #9368 April 13, 2001 1 Revision 1, April 30, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 01- 07B TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, GIANNETTI CONTRACTING OF FLORIDA, INC., FOR AN AMOUNT OF $485,701 FOR THE NW 70T" STREET FORCE MAIN PHASE II PROJECT; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL AND CIAO ACCOUNT INCLUDING THE APPROPRIATION OF $335,701 FROM RETAINED EARNINGS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Broward County Engineering Division is in the process of widening sections of McNab Road and Pine Island Road; and WHEREAS, Broward County has advised that asbestos cement pipes within those sections of the roadways being widened are required to be replaced in accordance with Broward County road construction standards; and WHEREAS, the existing City of Tamarac Force Main in McNab Road is asbestos cement pipe and lies within the construction boundaries of Broward County's McNab Road; and 1 Temp. Reso. #9368 April 13, 2001 2 Revision 1, April 30, 2001 WHEREAS, due to time constraints to complete the Force Main Reconstruction Project to meet the county road widening schedule, only Phase I of NW 701h Street Force Main Project was constructed in FY98; and WHEREAS, Phase I of the project included the construction of a 24" force main along McNab Road/NW 80" Avenue/Pine Island Road; and WHEREAS, Phase II of the project includes the construction of a 24" force main along NW 70th Street from NW 80" Avenue to Pine Island Road as indicated in Exhibit 1; and WHEREAS, the Utilities Department retained the services of Craig A. Smith & Associates, one of the City's consulting engineers, to complete the design and prepare construction Bid documents in accordance with the City's consulting engineers agreement as authorized by the City on July 10, 1996, Resolution Number R-96-163; and WHEREAS, the City of Tamarac advertised Bid No. 01-07B for the NW 70' Street force main Phase 11 Project; and 1 PWe Temp. Reso. #9368 April 13, 2001 3 Revision 1, April 30, 2001 WHEREAS, on February 14, 2001, the following bids were opened: COMPANY NAME TOTAL BID $ Giannetti Contracting, Inc. 485,701.00 Man -Con, Inc. 494,116.00 Asphalt Consultants 537,486.00 Lijo, Inc. 543,701.00 Ocean Bay Construction 584,125.00 Metro Equipment Service 600,526.00 Johnson -Davis 602,301.00 Foster Marine 608,301.00 Megan South 633,000.00 United Engineering Corp. 724,551.00 WHEREAS, Giannetti Contracting, Inc. had the lowest bid proposal of $485,701; WHEREAS, approved funds are available in the amount of $150,000 and additional funds in the amount of $335,701 from the Retained Earnings Account is available to fully fund this project; and Temp. Reso. #9368 April 13, 2001 4 Revision 1, April 30, 2001 WHEREAS, it is the recommendation of the Director of Utilities and Purchasing/Contracts Manager that the project be fully funded and that Bid No. 01-07B be awarded to the lowest responsive and responsible bidder, Giannetti Contracting of Florida, Inc.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the award of Bid No. 01-07B for the NW 70t" Street Force Main Phase II Project to Giannetti Contracting of Florida, Inc., at a cost of $485,701. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the contract for the NW 70t" Street Force Main Phase II Project is hereby approved and that all appropriate City Officials are authorized to execute the contract between the City of Tamarac and Giannetti Contracting of Florida, Inc. (attached hereto as "Exhibit 2"). 1 1 Temp. Reso. #9368 April 13, 2001 5 Revision 1, April 30, 2001 SECTION 3: An appropriation in the amount of $335,701 from the Retained Earnings account is hereby approved for correct accounting purposes and with the budgeted amount of $150,000 the contract is fully funded in the amount of $485, 701. SECTION 4: That the City Manager, or his designee, be authorized to make changes, issue Change Orders not to exceed $10,000 per Section 6-156(b) of the City Code, and close the contract award including, but not limited to, making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. RFrTION 7 passage and adoption. Temp. Reso. #9368 April 13, 2001 6 Revision 1, April 30, 2001 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 9th day of May, 2001, JOE SCHREIBER MAYOR ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. CITY ATTO RG/TR/db RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER e_ DIST 2: COMM. MISHKIN DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 1 Eli TEMP. RESO # 9368 EXHIBIT 1 W W W W W 75*S. 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THIS AGREEMENT is made and entered into this QM day of , 2001 by and between the City of Tamarac, a municipal corporation with offic s located principal at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Giannetti Contracting of Florida, Inc. a Florida corporation, with principal offices located at 4371 N.W. 19'h Avenue, Pompano Beach, Florida 33064 (the "CONTRACTOR") to provide for construction of the 24" Forcemain — Phase II, project located between N.W. 801h Avenue and N.W. 88" Avenue on N.W. 701h Street. Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, 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) The work of this contract consists of furnishing all labor materials and equipment necessary to install a 24-inch ductile iron force main and all appurtenance and make interconnections to existing force mains, all as shown on the drawings and in accordance with the information provided in the Contract Documents. 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. 1 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 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. g) CONTINUING USE OF EXISTING FACILITIES: The existing Tamarac water distribution and wastewater collections systems must be kept in service at all times. Should the CONTRACTOR fail to maintain the continuous operation of either system while performing this rehabilitation work, the owner will repair/operate the inoperative system to maintain service. The CONTRACTOR shall reimburse the Owner for any and all labor and/or materials costs incurred in repairing/ operating the system. 3) Insurance CONTRACTOR shall obtain at Contractor's 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. CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. CONTRACTOR 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 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 after execution of the Agreement and not later than ten (10) days after the date of the receipt of the official Notice -to -Proceed. The work shall be substantially completed no later than one hundred fifty (150) days after the date of the notice -to -proceed. The work shall be completed no later than thirty (30) days after the date of substantial completion. 5) Contract Sum The Contract Sum is $485,701,00 (Four Hundred Eighty -Five Thousand Seven Hundred and One Dollars and 00/100), which includes a contingency allowance in the amount of $25.000.00. Payment shall be computed based on lump sum or applying unit prices to actual units installed and/or worked. Contingency allowance will only be used for changes in the scope of work due to unforeseen conditions and upon authorization from the engineer of record. 6) Payments A monthly payment/progress payment will be made for work that is completed, inspected and properly invoiced. The CITY shall pay Contractor's itemized invoice on a monthly basis for work completed. 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. No payment will be made for material stored on site. 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 shall warrant the 24" Forcemain — Phase II Project on N. W. 70'h Street for a period of one year from the date of completion and final acceptance of work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps required in Section 01451, Paragraph 3.02 and Section 02538, Paragraph 1.06 of the project specifications to remedy the defects. CONTRACTOR shall be responsible for any damages caused by defect to affected area. K, 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 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. 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. 4 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 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Ricky L. Giannetti President Giannetti Contracting of Florida, Inc. 4371 N.W. 19`h Avenue Pompano Beach, Florida 33064 14) Termination This Agreement may be terminated by City or CONTRACTOR for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the CONTRACTOR shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify the city against loss pertaining to this termination. 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 seven (7) days after receipt by CONTRACTOR of written notice of such neglect or failure. 61 15) 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 nonenforcement 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. 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 Giannetti Contracting of Florida, Inc., (Name of party with whom Agreement is made), signing by and through its President, duly authorized to execute same. C.1 ATTEST: Marion Swensorf, CIVIC City Clerk Date: ATTEST: (C rporate ecretary) IV, A Type/Print Name of Corporate Secy (CORPORATE SEAL) rA CITY OF TAMARAC �p oe Schreiber, Mayor Date: Jr l5-ol Jeffr . R filler, City Manager Date: APprovqd as o form and gal Su icie cy: Mit heff S. Kraft, ity ttor y GIANNETTI CONTRACTING OF FLORIDA, INC. �(ignatu�reofPreside Ricky L. Giannetti Type/Print Name of President Date: L't -I a - L'7 d STATE OF FLORIDA SS COUNTY 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 Ricky L. Giannetti of Giannetti Contracting of Florida, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument =7g, acknowledged before me that he executed the same. WITNESS my hand and official seal this 10 day of2001. ZIJ ignature of Notary Pub is — State of Florida at Large Print, Type or Stamp Name of Notary Public K) Personally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or (-Y) DID NOT take an oath. OERMALMMSEAL ANN NELL MARIM NOTARY PUBLIC STATE OF FU*MA COMMISSION NO. CCS77412 MY COMMISSION EXP. OCr.28 AGREEMENT BETWEEN THE CITY OF TAMARAC AND GIANNETTI CONTRACTING OF FLORIDA, INC. THIS AGREEMENT is made and entered into this qu) day of , 2001 by and between the City of Tamarac, a municipal corporation with principal officA located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Giannetti Contracting of Florida, Inc. a Florida corporation, with principal offices located at 4371 N.W. 19t" Avenue, Pompano Beach, Florida 33064 (the "CONTRACTOR") to provide for construction of the 24" Forcemain — Phase II, project located between N.W. 80' Avenue and N.W. 88t" Avenue on N.W. 70' Street. Now therefore, in consideration of the mutual covenants hereinafter set forth, the CITY and CONTRACTOR agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, 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) The work of this contract consists of furnishing all labor materials and equipment necessary to install a 24-inch ductile iron force main and all appurtenance and make interconnections to existing force mains, all as shown on the drawings and in accordance with the information provided in the Contract Documents. 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. u 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 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. g) CONTINUING USE OF EXISTING FACILITIES: The existing Tamarac water distribution and wastewater collections systems must be kept in service at all times. Should the CONTRACTOR fail to maintain the continuous operation of either system while performing this rehabilitation work, the owner will repair/operate the inoperative system to maintain service. The CONTRACTOR shall reimburse the Owner for any and all labor and/or materials costs incurred in repairing/ operating the system. 3) Insurance CONTRACTOR shall obtain at Contractor's 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. CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. CONTRACTOR 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 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- K 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 after execution of the Agreement and not later than ten (10) days after the date of the receipt of the official Notice -to -Proceed. The work shall be substantially completed no later than one hundred fifty (150) days after the date of the notice -to -proceed. The work shall be completed no later than thirty (30) days after the date of substantial completion. 5) Contract Sum The Contract Sum is $485,701.00 (Four Hundred Eighty -Five Thousand Seven Hundred and One Dollars and 00/100), which includes a contingency allowance in the amount of $25.000.00. Payment shall be computed based on lump sum or applying unit prices to actual units installed and/or worked. Contingency allowance will only be used for changes in the scope of work due to unforeseen conditions and upon authorization from the engineer of record. 6) Payments A monthly payment/progress payment will be made for work that is completed, inspected and properly invoiced. The CITY shall pay Contractor's itemized invoice on a monthly basis for work completed. 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. No payment will be made for material stored on site. 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 shall warrant the 24" Forcemain — Phase II Project on N. W. 70th Street for a period of one year from the date of completion and final acceptance of work. In the event that defect occurs during this time, CONTRACTOR shall perform such steps required in Section 01451, Paragraph 3.02 and Section 02538, Paragraph 1.06 of the project specifications to remedy the defects. CONTRACTOR shall be responsible for any damages caused by defect to affected area. 3 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. 1 p) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their 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. 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. 4 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 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Ricky L. Giannetti President Giannetti Contracting of Florida, Inc. 4371 N.W. 19'h Avenue Pompano Beach, Florida 33064 14) Termination This Agreement may be terminated by City or CONTRACTOR for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the CONTRACTOR shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify the city against loss pertaining to this termination. 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 seven (7) days after receipt by CONTRACTOR of written notice of such neglect or failure. E 15) 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 nonenforcement 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. 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 Giannetti Contracting of Florida, Inc., (Name of party with whom Agreement is made), signing by and through its President, duly authorized to execute same. L ATTEST: Marion Swenson, CIVIC City Clerk Date: ATTEST: kA- (C rporate ecretary) ILI pd;f-'�767 an Type/Print Name of Corporate Secy (CORPORATE SEAL) 7 CIT OF T`A�MARRAC, e Schreiber, Mayor Date: Jeff rey ill City Manager Date: 9 l5-0l S d qA �b form ayd legal Tl� ell S. KrafjVty Attorney GIANNETTI CONTRACTING OF FLORIDA, INC. (Signature of Preside Ricky L. Giannetti Type/Print Name of President Date: L4— 1 O_ a e r STATE OF FLORIDA SS COUNTY OFF.' 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 Ricky L. Giannetti of Giannetti Contracting of Florida, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and-V�.z—e--3 �.�,�� ��--4-�� acknowledged before me that he executed the same. WITNESS my hand and official seal this ' a day of �P���-- , 2001. O Personally known to me or ( ) Produced Identification ignature of Notary Pub is — State of Florida at Large Print, Type or Stamp Name of Notary Public Type of I.D. Produced ( ) DID take an oath, or (Y) DID NOT take an oath. 09FOALMMMSEAL AM NELL MAF1M NOfr"Y PUBLIC STATE OF FLOWA COMMISSION NO. C=412 MY COMMISSION EXP. OCT. 28 1:3