HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-029Temp. Reso. #8891
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January 10, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000 - 02_ 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ENTER INTO AN AGREEMENT WITH ARZ
BUILDERS, INC. FOR THE INSTALLATION OF MEDIAN
CURBING ON PORTIONS OF SANDS POINT BOULEVARD,
NUTMEG WAY, NW 47T" TERRACE, BROOKWOOD
BOULEVARD, AND NW 57T" STREET AS PART OF PHASE II -A
OF THE SEVEN YEAR COMPREHENSIVE STREET
IMPROVEMENT PROGRAM, UTILIZING CITY OF TAMARAC
BID NUMBER 99-2513; AUTHORIZING AN EXPENDITURE IN AN
AMOUNT NOT TO EXCEED $37,532; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved
the Seven Year Comprehensive Street Improvement Program through Resolution No. R97-
247; and
WHEREAS, Phase II -A of the Seven Year Comprehensive Street Improvement
Program is in progress; and
WHEREAS, Phase II -A includes the addition and/or replacement of median curbing on
Sands Point Boulevard (from Lagos De Campo Boulevard to the traffic circle), the Nutmeg
Way traffic circle, NW 47" Terrace (between Commercial Boulevard and Island Club Drive),
Brookwood Boulevard (between McNab Road and Lantana Lane), and NW 57t" Street
(between Woodlands Boulevard and NW 541" Lane); and
WHEREAS, on October 13, 1999, the City Commission of the City of Tamarac
approved the award of Bid No. 99-25B for the installation of Type "D" and Type "F" curbing to
ARZ Builders, Inc. through Resolution No. R99-276; and
WHEREAS, under the special conditions of Bid No. 99-25B, ARZ Builders, Inc. agreed
Temp. Reso. #8891
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January 10, 2000
to maintain the bid prices for a period of two years; and
WHEREAS, ARZ Builders has submitted a proposal in the amount of $37,532 for the
purpose of installing and/or replacing Type "D" curbing on the medians of portions of Sands
Point Boulevard, Nutmeg Way, NW 47th Terrace, Brookwood Boulevard, and NW 571h Street,
a copy of said proposal is attached hereto as Exhibit "A"; and
WHEREAS, available funds exist in the General Fund for said purpose; and
WHEREAS, the Public Works Director and Purchasing/Contracts Manager recommend
that the City enter into an agreement with ARZ Builders, Inc. for the installation of median
curbing on portions of Sands Point Boulevard, Nutmeg Way, NW 471h Terrace, Brookwood
Boulevard, and NW 57th Street utilizing Bid No. 99-2513; 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 enter into an agreement
with ARZ Builders, Inc. for the installation of median curbing on portions of Sands Point
Boulevard, Nutmeg Way, NW 471 Terrace, Brookwood Boulevard, and NW 571 Street utilizing
Bid No. 99-25B in an amount not to exceed $37,532.
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
upon adoption hereof.
SECTION 2: The appropriate City officials are HEREBY authorized to enter into
an agreement with ARZ Builders, Inc. for the installation of median curbing on portions of
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Temp. Reso. #8891
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January 10, 2000
Sands Point Boulevard, Nutmeg Way, NW 471" Terrace, Brookwood Boulevard, and NW 57"
Street utilizing Bid No. 99-25B in an amount not to exceed $37,532, a copy of said Agreement
is attached hereto as Exhibit "B".
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are HEREBY
repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications
of this Resolution that can be given effect without the invalid provision or application, and to
this end the provisions of this Resolution are declared to be severable.
SECTION 5: This Resolution shall become effective immediately upon its passage and
adoption.
PASSED, ADOPTED AND APPROVED this c2-6 day of94L--�_1 2000.
ATTEST:
OCC4�ch/
CAROL GOL , CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
approved this
RIOLUTION asA form.
ELL . KRA
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
Dar i : Comm. PORTNER
DIST 2: V/M_ MISHKIN
DIST 3: COMM. SULTANOF
DIST 4:..- COW ROBEAT3 „�
• STANDARD FORM OF AGREEMENT
THIS AGREEMENT is entered into on �. 2000, between the City
of Tamarac, a municipal corporation with prin ipal offices located at 7525 NW 88"
Avenue, Tamarac, Florida 33321 (hereinafter "City") and, ARZ Builders, Inc., a Florida
corporation with principal offices located at, 1515 North Federal Highway, #300, Boca
Raton, Florida 33432, (hereinafter "Contractor)
WITNESSETH:
The CITY and the CONTRACTOR in consideration of the mutual covenants
hereinafter set forth, agree as follows:
The undersigned CONTRACTOR hereby represents that it has carefully
examined the Proposal Specifications and all Contract documents, and will perform the
contractual requirements pursuant to all covenants and conditions. The
CONTRACTOR agrees to comply with the requirements of the specifications contained
in the Request for Proposal.
2. The CONTRACTOR, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job requirements.
The CONTRACTOR further acknowledges that the proposal price of $37,532.00
includes all costs and expenses and is the total compensation required to be paid by the CITY
for the satisfactory completion of the contract requirements,
3. The contract between the CITY and the CONTRACTOR include the
following documents which are attached hereto and incorporated herein by reference of
the following:
CONTRACT DOCUMENT/S
Invitation to Bid, Instructions to Bidders,
is General Terms and Conditions,
Insurance Requirements, Special Conditions
EXHIBIT "B"
Temp Reso #8891
• Specifications
Proposal Form
Proposal Signature Form
Statement of No Bid
Variations
Non -Collusive Affidavit
Certification
Proposer's Qualification Statement
References
Drug Free Workplace Certification
Any Modifications, including Change Orders, duly delivered after execution of this
Agreement.
4. This Agreement shall be for a term of ninety (90) days for the completion of the
$37,532.00 project and may be extended if agreed to in writing by both parties. The contract
term including this agreement term, shall be for two (2) years beginning on October 13,1999,
and ending on October 12, 2001, and may be renewed in writing for three (3) additional
one (1) year terms.
• 5. 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
Jeffrey L. Miller
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
CONTRACTOR
George Abouiawdeh (Name of Contractor)
President (Title of named above)
ARZ Builders, Inc. (Name of Company)
1515 North Federal Highway ,(Address)
#300 (Address)
_Boca Raton. Florida 33432 (City, State, ZIP)
EXHIBIT "B"
Temp Reso #8891
0 6. The CONTRACTOR shall not, without prior written consent of the CITY,
assign any portion of its interest under this contract and, specifically, the
CONTRACTOR shall not assign any moneys due or to become due without the prior
written consent of the CITY.
7. CONTRACTOR represents and warrants that the computer system used to carry out
the obligations set forth in this Agreement ("the System"), and all interfaces to the System,
including, but not limited to, interfaces with other systems and data entry interface for the
System, are Year 2000 compliant. Year 2000 compliant means information technology that
accurately processes date/time data (including, but not limited to, calculating, comparing, and
sequencing) from, into, and between the twentieth and twenty-first centuries and the years 1999
and 2000 and beyond including leap year calculations. Year 2000 compliant also means that the
Year 2000 compliant information technology, when used in combination with other information
4otechnology, shall accurately process date/time data when other information technology
exchanges date/time data with it. This warranty shall survive the expiration or termination of this
Agreement.
8. CONTRACTOR agrees to indemnify and hold harmless the City of Tamarac, its
elected and appointed officials and employees from any and all claims, suits, actions, damages,
liability, and expenses (including attorneys' fees) including but not limited to, loss of life, bodily
or personal injury, or property damage, and loss of use thereof, directly or indirectly caused by,
resulting from, arising out of or occurring in connection with the failure of CONTRACTOR's
System to be Year 2000 compliant.
9. The CITY and the CONTRACTOR each binds themselves, their partners,
successors, assigns and legal representatives to the other party hereto in respect to all
covenants, agreements and obligations contained in the contract documents.
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10. The contract documents constitute the entire agreement between the
CITY and the CONTRACTOR and may only be altered, amended or repealed by a
duly executed written instrument.
11. This Agreement shall be governed by the laws of the State of Florida as are now
and hereinafter in force. The venue for actions arising out of this Agreement is fixed in
Broward County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the
day and year first above written.
ATTEST -
Carol Gold, AA / MC
City Clerk
MitdheM S. Kti
City Attorney
WITNESS:
(Print or T e Name)
,Q IV .7_ 6&14M4f .
(Print or Type Name)
CITY OF TAMARAC, FLORIDA
,Joe Schreiber, Mayor
By: �u /,
J ey . Miller
City Manager
CONTRACTOR:
By:
6-CFA GE 4/D E/y
(Print or Type Name and Title)
CORPORATE ACKNOWLEDGEMENT
STATE OF wetig
COUNTY OF %
The foregoing instrument was acknowledged before me this day of
2000 by 4 A at c - , ,j i (name of
officer or agent, title of officer or agent) of
(name of corporation acknowledging), a L U � T-D,9 (state or
place of incorporation) corporation, on behalf of the corporation. He is personally
known to me
identification and did (dam take an oath.
o:5 Ay PURANIA CHAMMAS
n COMMISSION # CC 659574
w",71
EXPIRES AUG 16, 2001
BONDED THRU p.�irir 40NOING CO., INC.
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(type of identification) as
--Ld
Signature of Notary Public — State
of Florida
ram} cOAriMA S
Print, Type or Stamp Name of Notary
Public