HomeMy WebLinkAboutCity of Tamarac Resolution R-97-178Temp. Reso. #7920
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July 23, 1997
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97-/ 78
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF
BID #97-12B FOR THE REROOFING OF THE
MULTIPURPOSE BUILDING TO HURRICANE ROOFING,
INC; AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO ACCEPT AND EXECUTE A CONSTRUCTION SERVICES
AGREEMENT FOR ROOFING REPAIRS; AUTHORIZING AN
EXPENDITURE WITHIN THE GENERAL FUND IN AN
AMOUNT NOT TO EXCEED $23,333; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the roof of the Multipurpose Center has been repaired on numerous
occasions in an attempt to stop active water leaks; and
WHEREAS, an inspection of the roofing system indicates that these repair attempts
have been ineffective in stopping the flow of water through the roof membrane; and
WHEREAS, engineering analysis has indicated the need to reroof this facility to
prevent further water infiltration and to avoid potential structural damage; and
WHEREAS, the City of Tamarac publicly advertised Bid #97-12B for the reroofing
of the Multipurpose Building in the Sun -Sentinel on January 19th and 26th, 1997; and
WHEREAS, on April 3, 1997, eleven (11) bids were opened and reviewed to
determine cost and responsiveness to the City's technical specifications; and
WHEREAS, Hurricane Roofing Paint submitted the lowest responsive bid proposal
at $23,333; and
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July 23, 1997
WHEREAS, it is the recommendation of the Director of Public Works, the Public
Works Operations Manager and the Purchasing/Contracts Manager that Bid #97-12B be
awarded to the lowest responsive and responsible bidder, Hurricane Roofing; and
WHEREAS, available funds exist in the General Fund Budget for said purpose; 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 #97-12B for reroofing the Multipurpose Center to Hurricane Roofing in an amount
not to exceed $23,333.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The award of Bid #97-12B to Hurricane Roofing in the amount
of $23,333 is hereby approved, a copy of the Bid Tabulation being hereto attached as
Exhibit 1".
SECTION 3: That the appropriate City Officials are hereby authorized to
execute an agreement with Hurricane Roofing for reroofing the Multipurpose Center, a
copy of said agreement being hereto attached as Exhibit "2".
SECTI,QN4: Authorizing the City Manager or his designee to close the bid
award, including but not limited to making final payment and releasing of funds upon the
satisfactory completion of work.
Temp. Reso. #7920
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July 23, 1997
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
SE T.� ION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of 1997.
JOE SCHREIBER
MAYOR
ATTEST: - -
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I RECORD OFWOMPSKN+I Ol
a roved this RESOLUTION as to f MAYOR SCHREIBER
DIST 1: COMM. McKAYE
DIST 2: WM MISHKIN
DIST 3: 'COMM. SUt TAM)F
{ T #: MM. BERTS
MITCHELL S.
CITY ATTORNEY
MAG (Comm. Mtg. 7/23/97)
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0 EXHIBIT "2"
TEMP RESO # 7920
rATel a:10T1;QqI
BETWEEN THE CITY OF TAMARAC
AND HURRICANE ROOFING CORPORATION
FOR REROOFING THE TAMARAC MULTIPURPOSE BUILDING
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THIS AGREEMENT is made and entered into this jO day of ,tare, 1997 by and
between the City of Tamarac, a municipal corporation with principle offices located at 7525
N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Hurricane Roofing Corporation with
principle offices located at 5424 NW 24 Street #205, Margate, Florida 33064 (the
"Contractor") to provide for Reroofing the Tamarac Multipurpose Building at 7531 N.
University Drive, Tamarac, FL.
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 as
if attached to this Agreement or repeated herein.
2) The Work
The Contractor shall perform all work for the City required by the bid specifications
including but not limited to the following:
1. Contractor shall furnish all labor, materials, and equipment necessary to Reroof the
Tamarac Multipurpose Building.
2. Contractor shall furnish all labor, materials, transportation, equipment, and any
other services required to remove and/or prepare surfaces for removing the old
gravel roof system and replacing with a roofing system asspecified in the
bid specifications. G-S S-YsTV;n.S
3. Contractor shall clean up and remove each day all debris and material created
by the work at Contractor's expense.
4. Contractor shall supervise the work force to ensure that all workmen conduct
themselves and perform their work in a safe and professional manner. Contractor
shall comply with all OSHA safety rules and regulations in the operation of
equipment and in the performance of the work. Contractor shall at all times have
a competent field supervisor on the job site to enforce these policies and
procedures at the Contractor's expense.
5. 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.
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6. 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.
7. Contractor shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the Contractor, its employees, agents, or subcontractors,
if any, with respect to the work and services described herein.
3) Insurance
Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workmen's Compensation Insurance,
Unemployment Insurance, Contractor's Liability Insurance, and all other insurance
required by law. 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.
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 fifteen (15) days after the date that
Contractor receives the Purchase order.
5) Contract Sum
The Contract Sum for the above work is Twenty -Three Thousand Three Hundred
and Thirty -Three Dollars ($23,333.00). The Contract Sum is determined by the cost of
labor and materials for the job located at 7531 N. University Drive, Tamarac, FL, also
known as Tamarac Multipurpose Building.
6) Payments
The City shall pay in full the Contract Sum to the Contractor upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City
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shall pay the Contractor for work performed subject to the specifications of the job and
subject to any additions and deductions by subsequent change order provided in the
contract documents.
7) Waiver of Liens
Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by
all suppliers, subcontractors, and/or contractors who worked on the project that is the
subject of this Agreement.
8) Warranty/
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Contractor warrants Reroofing of the Multipurpose Building against material and
labor defect for a period of -years from the date of completion of the work. In the
event that defect occurs during this time, Contractor shall perform the appropriate steps
to rectify the defects to the satisfaction of the City of Tamarac. Contractor shall be
responsible for any damages caused by defect to affected area or to interior of structure.
0 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,
property damage solely attributable to the gross negligence or wilful 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.
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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.
Personal 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 written consent of the City. This Agreement, or any portion thereof, shall
not be subcontracted without the prior written consent of the City.
13) Notice
Whenever either party desires or is required under this Agreement to give notice
to nay other party, it must be give 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
Robert N. Noe, City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the same address.
Richard F. Milanese, Jr.
President
Hurricane Roofing Corporation
5424 NW 24th Street #205
Margate, FL 33064
(954) 975-0500
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14) Termination
This Agreement may be terminated by City or Contractor for cause or by the City
for convenience, upon thirty (30) days written notice by the terminating party to the other
party of 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 three (3) days after
receipt by Contractor of written notice of such neglect or failure.
16) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereinafter in force. The venue for actions arising out of this Agreement is fixed in
Broward County, Florida.
16) 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.
17) 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.
18) 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.
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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
Hurricane Roofing Corporation, signing by and through its President, duly authorized to
execute the same.
ATTEST:
Carol Evans, City Clerk
Date: .3 0 / % 7 7
ATTEST:
C ta-t-e Se reta
Type/Print Name of borporate Sec.
(CORPORATE SEAL)
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CITY OF TAMARAC
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Schreiber, Mayor
Date: 19 �30 / 99 7
Robert S. Noe, Jr., City M Mager
Date: .36 /fig 7
Approved as to form and legal
s ncy
7
itch S. Kraft, City At r ey
HURRICANg ROOFINGCORP TION
ichard F. Milanese, Jr., Presi ent
Richard F. Milanese,
Type/Print Name of President
Date:^C /f v 7
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STATE OF FLORIDA )
) SS:
COUNTY OF BROWARD)
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 -.T66F
to me known to be the person(s) described in and who executed the foregoing
instrument and r,�cy acknowledged before me that 7��y executed the
same.
WITNESS my hand and official seal in the County and State last aforesaid
this 30 7N- day of S-in 19 .
f) Personally know to me or
) Produced Identification
( ) DID take an oath
DID NOT take an oath
NOTARY PUBLIC, State of Florida
(Name of Notary Public: Print, Stamp or
Type as Commissioned)
Type of I.D. produced
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Patricia Marcurio
Notary Public. State of Florida
Commission No. CC 422913 <
OF Ro�My Commission Expires 11/27/91
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TEMP RESO # 7920
STATE OF FLORIDA
:SS
COUNTY OFF :
HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in h County aforesaid totake acknowledgments, personally appeared _
Corporate n, to me known T be the person(s) described in and who executed the foregoing
Instrument and acknowledged before me that _executed
the same.
WITNESS my hand and official seal this day of
ersonally known to me or
(
Produced Identification
NO Aft UBLIC, StaWOF�1 redo at Large
(Name of Notary Public: Print, Stamp, or Type
as Commissioned)
Type ofI.D. Produced
( ) DID not take an oath, or ( ) DID NOT take an oath.
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