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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-029Temp. Reso. #8891 Page 1 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 Page 2 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 1 Temp. Reso. #8891 Page 3 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. L 1 • • LJ 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. • L I (type of identification) as --Ld Signature of Notary Public — State of Florida ram} cOAriMA S Print, Type or Stamp Name of Notary Public