HomeMy WebLinkAboutCity of Tamarac Resolution R-93-0903
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Temp. Reso. # Co5)E�
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93- 1O
A RESOLUTION AWARDING A BID FOR THE SUPPLY,
INSTALLATION AND GUARANTEE OF CURBING,
IRRIGATION, CONCRETE BRICK PAVERS, TREE
PLANTS, SHRUBS AND GRASS ON MEDIANS ON NOB
HILL ROAD FROM COMMERCIAL BOULEVARD TO MCNA'B
ROAD, BID #93-06; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIYE DATE,
WHEREAS, bids were advertised in the Fort Lauderdale News/Sun
Sentinel, a newspaper of general circulation in Broward County,
Florida, on July 23, 1993 and July 30, 1993; and
WHEREAS, bids were opened on August 2, 1993; and
WHEREAS, Central Florida Landscaping of Tampa, Inc., is the
lowest fully responsive and responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses arel
hereby ratified and confirmed as being true and correct and are
hereby made a specific part of this Resolution.
SECTION 2: That the bid of August 2, 1993 in the amount
of $96,174.11 for the Supply, Installation and Guarantee of
Curbing, Irrigation, Concrete Brick Pavers, Tree Plants, Shrubs
and Grass on Medians on Nob Hill Road from Commercial Boulevard t
McNab Road is HEREBY APPROVED.
SECTION_3- That the funds are to be allocated for Project
A from:
(1) Nob Hill Road Beautification Account #153-071-539-4RA
in the.amount of $43,170.68;
(2) Nob Hill Road County Funds Account #153-071-539-4RE in
the amount of $39,634.00;
(3) and transfer of $13,369.43 from Non -Departmental
Matching Grants Account #001-872-519-830.
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Temp. Reso. #Iz5joI
SEQ,r,rIQLJ 4 That the appropriate City officials are hereby
authorized to execute the attached contract herein identified as
Exhibit "A° and made a part thereof with such changes as are
negotiated by the City Manager and approved by the City Attorney,
and any other documents in connection with the awarding of this
bid.
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conflict herewith are hereby repealed to the extent of such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.
SECTION 7: This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this h t hday of 1993.
H.L. BENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I MA
YOR
hav aIp roved th ' D15#`
I.
R OL a to for .
DIST.!
DI T. W
1:dCTr 4;
/,,,-`MITCH11L KRAFT
CITY ATWQANEY
NOB HILL ROAD BID/rkt
RECORD of COUNCIL
BID NO.: 93-06
(All blanks must be filled In)
CITY OF TAMARAC'
Fixed price bid
O Request for proposal
(This Is not an order)
is�
DATE: July 23, 1993
PAGE. NO.: 1
iTEM(S) REQUIRED: CONSTRUCTION IRRIGATION AND LANDSCAPING OF NOB HILL ROAD MEDIANS
IN TWO PARTS PROJECT A AND-OPD10NAL.PROJECT B.
USING ACTIVITY; BEAUTIFICATION Buyer•Dina M. McDermott phone (305)722-5900
BIDS MUST BE SUBMITTED ON OR BEFORE: 2: 00 p.m., Monday, August 2, 1993
Eastern Standard Time or Eastern Standard Daylight Savings Time as applicable. The official time shell be recorded on the DatelTime Retarding Clock
In the City Clerk's Office. It will be the sole responsibility of the bidder to ensure that this proposal reaches the Office of the City Clark, City of Tamarac,
on or before the closing hour and date shown above.
The Legal Advertleament, Invilation-to-Bid, General Conditions, Instructions to Bidders, Speclal Conditions, Specifications, Addendums, and any other
pertinent document form a part of this proposal and by reference are made a part hereof.
ANTI -COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded
with any other bidder or parties to a bid whatever. (NOTE: No premiums, rebates or gratuities permitted either with, prior to, or after any delivery of
materials. Any such violation will result In the cancellation and/or return of materials (as applicable) and the removal from Bid List(e).
TO THE PURCI MING OFFICER OF THE CITY OF TAMARACt We (1), the below signed hereby agree to furnish the following article(*) or servlee(e) at
Ilia price(s) and terms stated subject to all Instructions, conditions, specifications, and all attachments hereto. We (1) have read all attachments including
the specifications and fully understand what Is required (By submitting this signed proposal, we (1) officially accept a contract II approved by the City
and such acceptance covers all the terms, conditions, and specifications of this proposal; and we (1) hereby agree that we will make available for audit
to appropriate City Auditors any applicable business or financial records pertinent to a resulting order or contract.)
All prices to be quoted F.O.B. Buyers Destination Tamarac, Florida (Delivered at the applicable City address Indicated on the Purchase Order.)
FAILURE TO QUOTE: If you do not quote, please return quotation sheet, state reason thereon and requ eel that your name be retained on our mailing
Iiat, otherwise, your name may be removed from our bid mailing list.
Bids are firm for acceptance within 60 days after bid opening date XXX yes no other.
TERMS: 1 on ' % 30 Days or by - I Oth of Month (to apply on date of delivery and acceptance of material.)
Slawarded ALL ITEMS BID HEREIN (when applicable), an additional DISCOUNT OF 0 % is offered in addition to
any terms offered above.
DELIVERY: �18 0 _ calendar days after receipt of purchase Order (City reserves the right to consider delivery time as
a vital consideration when making or recommending award.)
VARIANCES: State any variations to specifications, terms and/or conditions In this space or reference herein all variances contained on other pages
of this Proposal Form or In any bid attachment. NO VARIATIONS OR EXCEPTIONS BY A BIDDER WILL: BE CONSIDERED OR WILL BE DEEMDED TO
BE APARTY OF THE BID SUBMITTED UNLESS SUCH VARIATION OR EXCEPTION IS LISTED WITHIN THE BID DOCUMENTS AND REFERENCE IN THIS
COLUMN. NO SEPARATE OR ACCOMPANYING DOCUMENTS OR LETTERS WILL, BE CONSIDERED AS INCLUDED WITHIN A SUBMITTED BID, AND
THE CITY WILL NOT BE BOUND IN ANY MANNER WHATSOEVER BY ANY VARIATION OR EXCEPTION OR LIMITATION NOT SPECIFICALLY LISTED
WITHIN THE BID DOCUMENTS. ALL PRICES WILL BE CONSIDERED FIRM FOR THE PERIOD INDICATED WITHIN THE BID DOCUMENTS UNLESS A
BIDDER TAKES SPECIFIC EXCEPTION THERETO AND LIST SUCH EXCEPTION WITHIN THE BID DOCUMENTS AND REFERENCED IN THIS COLUMN.
If no stalment Is contained In this space, It Is hereby Implied that your bid complies with the full scope of this Bid Invitation.
If Purchase Order Payment or future bids are to be malted to other than proposer's address shown below, please
complete the following:
Mall Purchase Order to: Mall Payment to: Mall Bids to:
Telephone No.: (
w/Area Code
PROPOSAL SUBMITTED BY:
NAME (Printed): Steven A. Hampton „r Title.• Vice -President
Company (Legal Registered Title In FULL) Cen al FlprUa Land-s-caping of Tampa. Inc
Address:6109 Orient Rd. T
SIGNATURE:
Enclosed neferenws Applicable to Proposals
Invitation to ele.-rt
hdea Of Oensral Provtalons Clause*—.F2
Generat Wavlebns—Fa
F1 _33610
DATE: August 2,11993 Telephone No.: 813-623-1771
Indicate Which: Corporation: M Partnership: O
(check one) Individual: 0 Other:
rJ%&P'i6 t: for Bid (Retain orse copy #or yow files) rm� ' A e � �� �
DIDDEnS NOTEI Both sides of fhb Fo►eWIN signature `r r
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01990 City of Tamarac
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
CENTRAL FLORIDA LANDSCAPING OF TAMPA, INC.
FOR
THE SUPPLY, INSTALLATION AND GUARANTEE OF CURBING,
IRRIGATION, CONCRETE, BRICK PAVERS, TREE PLANTS, SHRUBS AND
GRASS ON MEDIANS ON NOB HILL ROAD FROM COMMERCIAL
BOULEVARD TO THE PUBLIC SERVICES COMPLEX CANAL
AUGUST 18, 1993
0
THE CITY OF TAMARAC
MID]
CENTRAL FLORIDA LANDSCAPING OF TAMPA, INC.
FOR
THE SUPPLY, INSTALLATION AND GUARANTEE OF CURBING,
IRRIGATION, CONCRETE, BRICK PAVERS, TREE PLANTS, SHRUBS AND
GRASS ON MEDIANS ON NOB HILL ROAD FROM COMMERCIAL
BOULEVARD TO THE PUBLIC SERVICE COMPLEX CANAL
This is an Agreement dated the 11th day of August,1993, between THE CITY
OF TAMARAC, a political subdivision of Broward County, Florida, its successors and
iassigns, (hereinafter referred to as "CITY"), through its City Council, and CENTRAL
FLORIDA LANDSCAPING OF TAMPA, INC., its successors and assigns, (hereinafter
referred to as "CONTRACTOR").
WITNESSETH
In consideration of the mutual terms and conditions, promises, covenants and
payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE I
Statement of Work
The CONTRACTOR shall furnish materials, labor, equipment and services, and
shall perform all work as shown on the Drawings and described in the specifications
prepared by C. Michael Oliver and Associates, Landscape Architects, for the City of
Tamarac according to Tamarac Bid No. 93-06 a copy of which is attached hereto and
made a part hereof as "Exhibit I".
ARTICLE 2
General
• 2.1 CONTRACT PRICE;
CITY shall pay CONTRACTOR for the performance of the work called
for under this Agreement a lump sum in current funds, of Ninety Six
Thousand, One Hundred Seventy Four Dollars and Eleven Cents
($96,174.11).
2.2 GUARANTEE:
All plants, trees and other materials shall be guaranteed for a one year
period from the date of installation.
0
� -93 11q6
2.3 SCHEDULED MEETINGS:
Upon receipt of Agreement, CONTRACTOR shall attend a pre -
construction meeting, an on -site inspection and shall coordinate
construction and/or installation with City Manager or designee.
ARTICLE 3
Time of Completion
CONTRACTOR agrees to begin work covered by this Agreement within ten (10)
days after signing this Agreement, weather permitting and to complete the work fully,
exclusive of maintenance not to exceed a six (6) month period of time from the date of
Bid Award (no later than February 11, 1994).
A$TICLE 4
Payment for Work
4.1 Upon approval of bid award, CITY will issue CONTRACTOR purchase
order. CONTRACTOR shall notify Landscape Architect for inspections
of all submitted invoices. Ten (10%) percent shall be withheld from all
payments and shall constitute the final pament which shall be made upon
final, approval by the Landscape Architect.
4.2 CONTRACTOR shall submit to CITY on a monthly basis it's application
for payment in triplicate, or as otherwise directed, complete with required
breakdown of data to permit checking and approval, in a form acceptable
to CITY, no later than the application for payment date agreed upon. The
amount of each such application will be the total of:
(a) the value of labor and materials incorporated by CONTRACTOR in
the work;
(b) if authorized by the Agreement Documents and approved in advance in
writing by the Landscape Architect, the value of materials stored; and
(c) less the aggregate of previously paid amounts, if any, and the
applicable position of the retainage amount set forth in this Agreement.
4.3 In addition to any other requirements of the Agreement, the
CONTRACTOR'S right to each progress pament shall not arise unless and
until the following conditions precedent to each such progress payment
have been satisfied:
• (a) approval and acceptance of CONTRACTOR'S application for payment
by CITY and Landscape Architect;
(b) furnishing to CITY satisfactory evidence by CONTRACTOR that all
labor and material cost incurred by CONTRACTOR in connection with its
work covered by previous payments, have been paid in full; and
(c) furnishing to CITY by CONTRACTOR a partial waiver of lien on the
form provided by CITY.
N
)(- J3 -76
ARTI(; LE 5
Agreement Documents
The Agreement documents shall consist of the following component parts: This
Instrument, General Conditions, Technical Specifications, and Drawings. It is expressly
agreed that this Agreement and the other documents set forth in this Agreement and
attached hereto, and which are made a part hereof as fully as if they were set forth at
length herein, embody the entire Agreement between the parties; and no verbal
alternatives or variations shall be binding on the parties or create any obligations or
liabilities not set forth or provided for herein.
ARTICLE 6
General Conditions
6.1 DAMAGES INCURRED:
CONTRACTOR shall be responsible for all damages incurred to the
CITY'S water system, underground cables, existing curbing or roadway.
6.2 PP REORMANCE BOND:
Upon successful bid award, the CONTRACTOR shall furnish to CITY a
Performance Bond guaranteeing the faithful performance of this RFB and
naming the City of Tamarac and Broward County as co -guarantors. The
Security shall be in the form acceptable to the City Attorney and shall be
for a term of one year or until completion of work and final acceptance by
the CITY in the amount of 110% of the contract cost. The security
shall be furnished to CITY by CONTRACTOR within ten (10) days of the
date of execution of this Agreement or notification. Without limiting any
other idemnity provision herein, such security shall indemnify CITY and
County against any laws, expense, cost for damage resulting from any
default by CONTRACTOR hereafter or any failure of performance by
CONTRACTOR. The Finance Director is hereby delegated the authority
to approve the financial capabilities of the surety to perform.
6.3 WARRANTY BOND:
,Upon completion of project, CITY requires 25% bond for one year on
City Public Improvements".
6.4 pRAWINGS SPECIFICATIONS_ AND RELATED DATA:
0 (a) A r m
The Agreement Documents shall include those enumerated in Article 5
above. The intent of the Agreement Documents is that the
CONTRACTOR shall furnish all labor, materials, equipment and
services necessary for the completion of the proposed work. The
Agreement Documents shall be signed in three counterpart copies by the
CITY and the CONTRACTOR and each signer shall retain a copy and
the third copy shall be filed with the Landscape Architect.
3
0
(b) Appovals:
All samples, shop drawings or schedules required for approval shall be
furnished by the CONTRACTOR as directed subject to approval by the
Landscape Architect representing CITY. The work shall be done in
accordance with these approved items, and the Landscape Architect's
drawings and specifications.
(c) Permits and Regulations:
Unless otherwise specified, the CONTRACTOR shall furnish all
surveys, at its expense. Permits, licenses, royalties and lien fees
necessary for the prosecution of the work shall be secured and paid for
by the CONTRACTOR. Easements for permanent structures or
permanent changes in existing facilities shall be secured and paid for by
the CITY, unless otherwise specified to achieve proper conformity.
CONTRACTOR shall give all notices and comply with all laws,
ordinances, rules and regulations concerning the construction of the
project as drawn and specified If the CONTRACTOR finds that the
Drawings and Specifications are at variance therewith, he shall
immediately notify the Landscape Architect, who shall promptly make
such changes as are necessary.
(d) i n i 'on
Existing conditions including surface features, soil boring data and any
underground utilities shown on the plans and/or referred to in the
specifications are for informational purposes only and shall not be
deemed as part of the plans and specifications. It shall be
CONTRACTOR'S obligation to verify and augment such information
and data to fully satisfy himself as to the conditions under which the
work will be done. The CONTRACTOR shall maintain in operating
condition all active utilities encountered in this construction. He shall
contact all public utilities involved and have their representative locate
and identify their pipes, conduits, cables or other facilities before
construction is started. The CITY and the Landscape Architect do not
assume responsibility for location or disturbance of utilities or other
existing features or conditions encountered on this project. Any
replacement or relocation cost shall be the CONTRACTOR'S
responsibility, unless otherwise specified.
(e) Traffic Control_
CONTRACTOR shal provide CITY and Broward County with a traffic
control plan in conformance with Broward County and Florida
Department of Transportation standards. CONTRACTOR is responsible
for all licenses, signage, traffic control devices, personnel and insurance
during the construction of this project.
al
0
J( - 9,3 — �e)
6.5 CONTRACTOR'S RE ATI N TO CITY
(a) Independent !Qontractor:
The relationship of CONTRACTOR to the CITY shall be that of an
independent CONTRACTOR, and no principal agent or employer -
employee relationship between the parties is created by this Agreement.
By entering into this Agreement with CITY, CONTRACTOR
acknowledges that it will, in the performance of its duties under this
Agreement, be acting as an independent CONTRACTOR and that no
officer, agent or employee of CONTRACTOR will be for any purpose
an employee of the City of Tamarac and that no officer, agent or
employee of CONTRACTOR is entitled to any of the benefits and
privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
(b) Non -Waiver -of Powers n lai n
This Agreement shall not be taken or held to imply the relinquishment or
waiver by CITY of its power to make other reasonable requirements or
regulations pertaining to the subject matter hereof, and CITY hereby
expressly reserves the right to make all regulations which may be
necessary or proper to secure the safety, welfare and accommodation of
the public, including, but not limited to, the right to adopt and enforce
regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation
of the supply, installation and guarantee of curbing, irrigation, concrete
brick pavers, tree plants, shrubs and grass on medians on Nob Hill Road.
Nothing herein contained shall constitute a waiver of any of the
requirements of the rules and regulations adopted by CITY, including
the right to make such changes and amendments to said rules and
regulations as said CITY may deem to be advisable and necessary to
protect the public health and general welfare of its inhabitants.
(c) Access to work:
It shall be the obligation of CONTRACTOR to provide proper facilities
to permit CITY and Landscape Architect to observe and inspect the
work during any state of the construction.
(d) ill's Re$ponsibiliU andAuthority;
All work shall be done subject to the approval of CITY and the
Landscape Architect. All decisions and questions which may arise as to
the quality or acceptability of materials furnished, work performed,
progress of the work, interpretation of drawings and specifications, and
all questions as to acceptable fulfillment of the Agreement by
CONTRACTOR shall be made by the Landscape Architect.
All claims of CONTRACTOR or CITY shall be made to the Landscape
Architect for decision. All decisions of the Landscape Architect shall be
made in writing within a reasonable period of time and shall be final;
except where time and/or financial considerations are involved; which
shall be subject to review by CITY.
S
�J
Upon termination CITY may take possession of the premises and of all
materials, tools, equipment and appliances thereon and finish the work
by whatever method deemed expedient. In such case the
CONTRACTOR shall not be entitled to receive any further payment.
In case the statement of accounts shows that the cost to complete the
work including compensation for additional landscape architectural,
managerial, and administrative services, is less than that which would
have been the cost to CITY had the work been completed by the
CONTRACTOR under the terms of the Agreement, the excess shall be
paid to the CONTRACTOR. If such expense exceeds the unpaid
balance, the CONTRACTOR shall pay to CITY the difference, as
certified by the Landscape Architect.
(e) i Right W rk r Terminate A r
CITY has right to stop work and terminate the work within thirty (30)
days written notice.
M C►rrection of Work:
All work and materials condemned by the Landscape Architect as failing
to comply with the Agreement Documents shall be promptly removed,
replaced, and/or re -executed by the CONTRACTOR to bring it into
compliance with the requirements. This shall be done at the expense of
the CONTRACTOR without cost to CITY and shall include making
good all work of the contractors destroyed or damaged by such removal
or replacement.
(g) Liens:
Before payment of any interim payment is made to the CONTRACTOR,
CONTRACTOR shall furnish CITY a partial release ofJi n signed by
all sub -contractors and material men associated in any way with the
work. Before final payment to the CONTRACTOR, the
CONTRACTOR shall furnish to CITY a full release of lien and these
releases shall be accompanied by a notarized affidavit (sworn statement)
to the effect that all claims of any character pertaining to the
performance of the Agreement, including sub -contractors, material
suppliers and labor have been paid in full and that the acceptance of final
payment is acknowledged as a release of the CITY from any and all
claims arising under or by virtue of the Agreement. In addition,
• CONTRACTOR shall furnish a twenty-five (25%) percent Warranty
Bond.
6.6 INSURANCE AND PROTECTION'
CONTRACTOR shall secure and maintain insurance coverages, in the
amounts required and/or stipulated in Bid No. 93-06 (as attached hereto
and incorporated herein as Exhibit "1") and pages 8-10 of this
Agreement protecting him from claims under Workmen's Compensation
and Employer's Liability Insurance as required by law; Public Liability,
Bodily Injury including death, and Property Damage which may arise in
9
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4.."q.3-�v
the course of carrying out the work under this Agreement. Certificates
of such insurance shall be filed with CITY before commencing any of
the work under this Agreement.
INDEMNIFICATION:
CONTRACTOR shall indemnify, hold CITY harmless and defend CITY
from any and all claims, causes of action, damages, costs, expenses and
attorney fees which CITY shall suffer by virtue of the defense of, or
response to, any claim bong made against in connection with this
project.
The CONTRACTOR shall adequately protect the work, adjacent
property and the public and shall be responsible for any damage or
injury due to his act or neglect. The CONTRACTOR shall indemnify
and hold the CITY harmless from and against any and all losses and/or
claims brought or recovered against the CONTRACTOR or his sub-
contractors by reason of any error, omission or act of the
CONTRACTOR, his agents or employees in the execution of the work
or the guarding of it. CONTRACTOR is required to pay for and provide
certificate of insurance as specified in Tamarac Bid No. 93-06.
The above provisions shall survive the termination of this Agreement
and shall pertain to any occurence during the term of this Agreement,
even though the claim may be made after the termination hereof.
If CONTRACTOR does not provide required insurance, then CITY may
at its option either obtain insurance and charge the cost of insurance
back to CONTRACTOR or terminate the Agreement pursuant to Section
6.2(e).
6.7 PROGRESS D CQMPLETION OF THE WORK:
(a) Schedule of
Following the execution of the Agreement by CITY, CONTRACTOR
shall begin work within ten (10) days, unless otherwise notified in
writing, and shall prosecute the work regularly and without interruption,
weather permitting, so as to complete the work within the time stated in
the Proposal.
(b) Changein Work:
. If and as the need arises, CITY may order in writing changes and/or
extra work without invalidating the Agreement. At the time of ordering
such changes, additions, deletions or modifications, the amount or
method of compensation and any adjustment in the time of completion
shall be determined and stipulated in writing.
(e) Clean-up-,
CONTRACTOR shall at all times keep the premises and public streets
free from an accumulation of waste material or rubbish caused by his
employees or work, and at the completion of the work he shall remove
7
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all waste and excess material, rubbish and equipment such as left after
plant materials, tree limbs, un-clean fill/soil, papers, litter, cans, burlap
bags and landscape materials so as to leave the work and the premises
neat and clean and ready for the purpose for which they were intended.
ARTICLE 7
Discrimination Prohibited, Affirmative Action
CONTRACTOR, in the execution, performance, or attempted performance of this
Agreement, shall not discriminate against any person or persons because of sex, race,
religion, color, or national origin, handicap or marital status. CONTRACTOR'S
employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights
Act, the Florida Human Rights Act of 1977, and the American Disabilities Act of 1992),
understand and agree that this Agreement is conditioned upon the veracity of this
Statement of Assurance. CONTRACTOR herein assures CITY that said
CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when federal
grants are involved. Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as hereinabove referenced are included by this
reference thereto. This Statement of Assurance shall be interpreted to include Vietnam -
Era Veterans and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal Opportunity Employer and have an affirmative action
plan and not discriminate on the basis of handicapped status.
ARTICLE 8
Labor Force
(a) CONTRACTOR shall assign a qualified person or persons to be in
charge of its operations in CITY and shall give the name or names to
CITY; information regarding experience shall also be furnished.
(b) CITY has right to require CONTRACTOR'S collection employees
to wear clean uniforms or shirts bearing the company's name.
(c) Each driver shall at all times, carry a valid operator's license for the
type of vehicle they are driving.
(d) CONTRACTOR shall provide operating and safety training for all
personnel.
_ARTICLE 9
Insurance
9.1 GENERAL:
CONTRACTOR shall not commence work under this Agreement until it
has obtained all the insurance required under this Agreement, and such
insurance has been approved by CITY. CONTRACTOR shall be
responsible for delivering to CITY the Certificate of Insurance for
approval. CONTRACTOR shall name the City of Tamarac as a named
insured on the Certificate of Insurance. CONTRACTOR'S Certificate of
Insurance must be attached and included in this Agreement as Exhibit
E�3
0
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"1". All insurance policies shall be issued by companies duly licensed to
write business insurance policies in the State of Florida and rated -A- or
better by A.M. Best's Key Rating Guide. Further, CITY shall be named
as a named insured on all insurance policies (except Workers'
Compensation). Certificates of each policy, together with a statement by
the issuing company to the extent that said policy shall not be canceled
without thirty (30) days prior written notice received by CITY, and shall
be delivered to CITY for review and approval. Insurance coverage
specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of
CONTRACTOR under the terms of this Agreement. CONTRACTOR
shall procure and maintain, at its own cost and expense, any additional
kinds and amounts of insurance that, in its own judgment, may be
necessary for proper protection in the completion of its work.
• 9.2-COMPENSATIONINSURANCE:
CONTRACTOR shall maintain, during the term of this Agreement and
any renewals, Worker's Compensation Insurance on all of its employees
to be engaged in work under this Agreement, and shall require the same
from any subcontractors used. In the event that any class of employees
engaged in hazardous work pursuant to this Agreement is not protected
under the Workers' Compensation Statute, CONTRACTOR shall
provide adequate employer's general liability insurance for the protection
of employees not so protected.
9.3 COMPREHENSIVE GE - AL LIABILITY INS UN E•
CONTRACTOR shall procure and shall maintain during the term of this
Agreement and any renewals Public Liability and Property Damage
Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death and property damage (except
automobile).
9.3a
COMPREHENSIVE „QENEEAL LIABILITY PER PERSON AGGREGATE
• Comprehensive 1,000,000 1,000,000
Premises -Operations
Contractual Liability
Personal Injury
Explosion and Collapse
Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Independent Contractors
Cross Liability and Severability
of Interest Clause
01
E
b.
AUTOMOBILE LIABILITY
Comprehensive
City
Hired
Non -Owned
G.
PROPERTY DAMAGE
4, �,z 3- ?(-)
PER PERSON AGQREGATE
500,000 1,000,000
PER PERSON RE ATE
500,000 500,000
d.
WORKER'S COMPENSATION Statutory Amount
Neither Contractor 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 if such coverage in the form of a
Certificate of Insurance and Endorsement.
Such certificates shall be approved by the City
ALL INSURANCE COMPANIES PROVIDED SHOULD:
Be rated at least A VII per Best's Key Rating Guide; Be licensed to do
business in the State of Florida
All policies provided should be Occurrence not Claims Made Forms.
The CONTRACTOR shall name the City of Tamarac and Broward
County as Insured on all policies of insurance obtained, not as an
additional insured.
CONTRACTOR shall require insurance companies providing coverage to
give the City thirty (30) days' written notice of its intent to cancel or
terminate policy.
CONTRACTOR'S insurance shall be primary.
9.4 LOCAL AGENT FOR INSURANCE AND BONDING:
• The insurance and bonding companies with whom CONTRACTOR'S
insurance and performance bonds are written shall be licensed to do
business in the State of Florida and shall be represented by an agent or
agents having an office located in the State of Florida. Each such agent
shall be duly qualified, upon whom service of process may be had, and
must have authority and power to act on behalf of the insurance and/or
bonding company to negotiate and settle with CITY, or any other
claimant, or any property owner who has been damaged, may have
against CONTRACTOR, insurance, and/or bonding company. The
name of the agent or agents shall be set forth on all such bonds and
certificates of insurance. CONTRACTOR shall keep the required
10
a
4-92-'70
insurance in full force and effect at all times during the term of this
Agreement, and any renewals thereof.
CONTRACTOR shall furnish to CITY a Certificate of Insurance on a
form furnished and approved by CITY, evidencing CONTRACTOR has
obtained the required insurance coverage. At the request of CITY the
original policy shall be provided for inspection. All policies must prove
that they may not be changed or canceled by the insurer in less than
thirty (30) days after CITY has received written notice of such change or
cancellation. Such insurance amounts may be reviewed upward at
CITY'S request, and CONTRACTOR shall revise such amounts within
thirty (30) days after receipt of such request.
A-RTIO „E 10
Miscellaneous Provisions
• 10.1 YE_ NUE:
This Agreement is construed according to the laws of Florida and shall
be considered consummated in Broward County, Florida. All actions
brought hereunder shall be brought exclusively in Broward County,
Florida.
10.2 TIME F T ESSENCE:
Time shall be deemed to be of the essence concerning this Agreement
whenever time limits are imposed herein for the performance of any
obligations by any of the parties hereto, or whenever the accrual of any
rights to either of the parties hereto depends on the passage of time.
10.3 RIGHT TO SQUIRE PERFORMANCE:
The failure of CITY, at any time, to require performance by
CONTRACTOR of any provisions herein shall in no way affect the
rights of CITY thereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be a
waiver of any succeeding breach of such provisions or as a waiver of any
provision itself.
10.4 FORCE M RE•
Neither CONTRACTOR nor CITY shall be liable for the failure to
perform its duties if such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other similar or different
contingency beyond the reasonable control of CONTRACTOR.
10.5 COMPLL4,NCE 311THLAWS:
CONTRACTOR, its officers, agents, employees, and contractors, shall
abide by and comply with all laws, federal, state and local. It is agreed
and understood that, if CITY calls the attention of CONTRACTOR to
any such violations on the part of CONTRACTOR, its officers, agents,
11
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employees, or subcontractors, then CONTRACTOR shall immediately
desist from and correct such violation.
10.6 LICENSES AND TAXES:
CONTRACTOR shall obtain all licenses and permits (other than the
license and permit granted by CONTRACTOR) and promptly pay all
taxes required by CITY.
10.7 TRANSFER ABILITY OF CONTRACT:
No assignment of this Agreement or any right accruing under this
Agreement shall be made in whole or in part by the CONTRACTOR
without the express written consent of CITY; such concern of CITY
shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
10.8 HIBIT
Exhibit A is incorporated herewith by reference (a copy of bidder's
package) for all purposes as though fully set forth.
10.9 PARAGRAPH „HEADINGS:
The section in paragraph headings contained herein are for convenience
and reference and are not intended to define or limit the scope of any
provision of this Agreement.
10.10 ENTM CQ_NTRACT:
This Agreement constitutes the entire agreement and understanding
between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in
writing and approved by the City Council of the City of Tamarac,
Florida.
10.11 NOTICES:
Notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered, whether or not actually
received, when deposited in the United States Mail, postage prepaid,
certified mail, return receipt requested, addressed to the respective party
at the address set forth below:
CITY:
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
(305)722-5900
CONTRACTOR:
Central Florida Landscaping
of Tampa, Inc.
6109 Orient Road
Tampa, FL 33610
(813)623-1771
12
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With a copy to: With a copy to•
City Attorney Mr. Dale Swope
City of Tamarac P.O. Box 72009
7525 N.W. 88th Avenue Tampa, Florida 33602
Tamarac, Florida 33321-2401
(305)722-5900
10.12 SEVERABILITY:
If any part, section, sub -section or other portion of this Agreement is
declared void, unconstitutional, or invalid for any reason, such part,
section, sub -section, or other portion, or the prescribed application
• thereof, shall be severable, and the remaining provisions of this
Agreement, and all applications thereof not having been declared void,
unconstitutional, or invalid shall remain in full force and effect. CITY
and CONTRACTOR declare that no invalid or prescribed provision or
application was an inducement to the execution of this Agreement, and
that they would have executed this Agreement, regardless of the invalid
or prescribed provision or application.
13
4 -9-3 - ?0
ConcreleBrick Pavers. Tree Plants, Shrubsand Grgss on Medians orLN0hHill
Road m Commercigi B vard jo the P li Servic . A-d-ministrative Cgmplex
Canal
This Agreement shall be effective this day of 1993,
which shall be the Commencement Date hereof.
ATTEST:
LA r
NCL�
►rni elly,, City Manager
ATTEST:
By:
Carol A. Evans
City Clerk
CITY OF TA ARAC
APPROVED AT MEETING OF 8-1 i-9 3
0
THE CITY OF TAMARAC, FLORIDA
By: Z/Z&C-C��
ayor N . L .33ear,d
Date: Q — 2 �-)
By:
. 6�i 14ckwm —
T 7-> Yle�_ VNkcDe_r M C�A
fi City Manager
Date:_
14
0
STATE OF FLORIDA
SS
COUNTY OF T>'r
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 H L.'� ' -DI R� YVWa,e� - to me known to be the person(s)
described in and who executed the foregoing instrument and (s)he acknowledged before
me that (s)he executed the same.
WITNESS my hand and official seal this 16, �-- ay of _ (�C�,I , 1993.
NOTARY PUBLIC, State of
Florida at Large_
ELLEN OWENS WOOD
MY COMMSM r cc 2M140
I(N
Print, Stamp, or Type as
Commissioned)
( �) Personally known to me, or
( ) Produced identification
DID take an oath, or (
0
c.4cavj�6A Prl- L61"Ay
� Y1 c�10 4�-,�•t� � �
ev
Type of I.D. Produced
Y)DID NOT take an oath.
15
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Road from CmmCrcia1Boulevgrd to the Public-Servim A istr tiv l x
Canal
ATTEST:
B•
Davod R. Holder
Corporate Secretary
(Corporate Seal:)
STATE OF FLORIDA
COUNTY OF
CENTRAL FLORIDA LANDSCAPING OF
TAMPA, INC.
By:
Charles M. Holder, President
Of: 6109 Orient Road
Tampa, FL 33610
(813)623-1771
SS
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 Charles M. Holder to me known to be the
person(s) described in and who executed the foregoing instrument and (s)he
acknowledged before me that (s)he executed the same.
my hand and c9fficial seal this 9th day of September 1993.
ARY.rPURL tate of
F mda at Marge:
of Natar_-"Public:
Pint;'tm; of Type as
Commissioned)
( X ) Personally known to me, or
( ) Produced identification
( ) DID take an oath, or (
Type of I.D. Produced
) DID NOT take an oath.
16
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a�x�r sir79 (MM/CIOfYY) 7
. . . . . . . . . . .
A MAI lkH OF r'%J M^IIVN OTLY ANU
401MARI NO 1046 UPON THE CERTIFICATE HOL E . THIS CfA FICAT9 I
Hi I b Regal Hamilton Company DOU NOT AMEND, EXTEND Olt ALTER THE COVERAGE AFFORDED sy—f4i
P.O.Box 23900 POLIC0 BELOW.
Tampa, FL 33023 COMPANIES AFFORDING COVERAGE
M 'Tr A ' A
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ERA
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8101 Orlent Rosa. I ICA Tr ontog rt wjjo!) Inturs"es 09
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THISIS TOCERTIFy THAT THE POLICIES OF INSURANCE 7,77. -.97-12-2 "E;a
INDICATED. NOTWITHq LISTED AVE0F_F_,,NI _U TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
Sv ED
I ANDIND ANY REOUIREMENT. I Er" OR CONDIT ION OF AN CONTRACI OR OTHER DOCUMENT WITHRESPECT TOWHICHTHIS
CERTIFICATE MAY 13E ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED By THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LNIYS SHOWNMAY HAVE BEEN REDUCED BYPAID CLAMS.
00
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— M—MALLIANKAIT-V 0AX(VNfDC)1YV) DATE (MMII)DIYY)
MNIRAL 1000000
A COMMERCIAL GENERAL LIABILITY C0120637990 12/01/22 12/01/23 PooDucys-COMP/OP ADO. I 1,000pog—
::1 CLAIMS MAN 51 OCCUR. PIRSONAL & ADY, INJURY I
OWNIER'S A CONTRACIDA'S PACT. EACH CCURA NC[ Es
1202229
FIRE DAMA01 IA wy one jjta
AVIOMMILE LIAOLFFV -MFD. EX ENIF (Awy mw perazi 0.0
COWINED SINGLE
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ALL OWNED AUTOS BODILY INJURY
AL110S Irew pefetw
"IRIV AV?Qj
NON -OWNED AUTOS BODILV INJUR201 Y
(Par 89611
OARAOI LIABILITY
_P PAOP(RTV DAMAGE
RX6986LIABLftV
B ::X:l UMIAR12/01/02
IA FORM 718959800 EACH OCCURAINCI uo
OTHER MAN UMORELIA FOAM 12/01/93 AGE If— 1500 000
WOWIM1 OCIMPONATION
L. hY
11� 117203438 3/01/93 12/01/03 EACH ACCIDENT
DIUAlf-POLICY JIMIT 11 21)00000
OINIM IMPtOYEE Is 1OR10000
KSWIPTION OF 0MA1rRX"90AT10f41MftK&j6MIAL
Job: Nob Hill Road M9dIAh Protect Bld 0 93-04
1cortIfIcAt6 "older Is Addition*[ Insured, ATIMA
:,-,i-WANC 7 -5
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL iL DAYAWRITTENNOTICET07HECERTIFICATEHOLDERNAMEDTOTHE
The City of Tamarac _
LEFT,
BUT FAILURE TO MAIL SUCH NOTICE $HALL UPOSE NO OBLIGATION OR
7525 NW 99th Avenys LIABILITY OF ANY KIND UPONTHE COMPANY.ITS AGENT SOR REPRESENT AT IVES.
Tamarac, FL 33321-2401
AVTHM-----
031771000
TOTAL P.01
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