HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-016 Temp. Reso. #13560
February 10, 2021
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AWARDING
BID NO. 21-04B TO AND APPROVING AN
AGREEMENT WITH STANFORD & SONS
TRUCKING CORP DBA STANFORD
CONSTRUCTION CO., TO CONSTRUCT THE
COMMERCIAL BOULEVARD FORCE MAIN
REPLACEMENT PROJECT FOR THE CONTRACT
AMOUNT OF $384,264.44; PROVIDING FOR A
CONTINGENCY IN THE AMOUNT OF $57,639.67
TO THE PROJECT ACCOUNT FOR A TOTAL
PROJECT BUDGET OF $441,904.11;
AUTHORIZING AN EXPENDITURE FROM THE
APPROPRIATE ACCOUNTS; PROVIDING FOR
• CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac owns, operates and maintains the wastewater
collection systems within the project location; and
WHEREAS, the existing force mains located in the area generally located within
and adjacent to Commercial Boulevard, between White Oak Lane and Banyan Lane
require replacement and relocation; and
WHEREAS, this project will consist of asphalt and concrete removal, excavation
and disposal of existing road surface, trench restoration, Type F Curb, installation of new
12" DIP Force main, horizontal directional drilling of new 12" HDPE force main within the
Commercial Boulevard right-of-way, 12" Plug Valves, milling and resurfacing with 2" of
asphalt, grout filling existing force main to be abandoned in-place and pavement markings
• and signages; and
Temp. Reso. #13560 •
February 10, 2021
Page 2 of 5
WHEREAS, the City published Invitation to Bid Number 21-04B for the Commercial
Boulevard Force Main Replacement Project, incorporated herein by reference and on file
in the Office of the City Clerk; and
WHEREAS, on November 15, 2020 the City of Tamarac received nine (9) bid
proposals for the Commercial Boulevard Force Main Replacement Project, with Stanford
Construction Co. being the lowest responsive responsible bidder, a bid tabulation is
attached hereto as "Exhibit 1", incorporated herein and made a specific part of this
Resolution; and
WHEREAS, Stanford Construction Co. possesses the required knowledge and
experience for the construction of the proposed project and has agreed to the Terms and •
Conditions, Special Conditions, and Technical Specifications of Bid No. 21-04B; and
WHEREAS, it is the recommendation of the Director of Public Services, Financial
Services Director, and the Purchasing and Contracts Manager that the appropriate City
Officials be authorized to award Bid No. 21-04B to and execute an Agreement with
Stanford Construction Co. for the Commercial Boulevard Force Main Replacement
Project, attached hereto as "Exhibit 2", incorporated herein and made a specific part of
this Resolution; 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 award Bid No. 21-
04B and execute an Agreement with Stanford Construction Co., to construct the
•
• Temp. Reso. #13560
February 10, 2021
Page 3 of 5
Commercial Boulevard Force Main Replacement Project for a contract amount of
$384,264.44; a contingency in the amount of $57,639.67 will be added to the project
account for a total project budget of$441,904.11.
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. All exhibits attached hereto are incorporated herein and made a
• specific part of this Resolution.
SECTION 2: The City Commission hereby awards Bid No. 21-04B to and
approves an Agreement between the City of Tamarac and Stanford Construction Co. and
the appropriate City Officials are hereby authorized to execute an Agreement, hereto
attached as "Exhibit 2", with Stanford Construction Co., to construct the Commercial
Boulevard Force Main Replacement Project, in accordance with Bid No. 21-04B.
SECTION 3: An expenditure for a contract amount of $384,264.44, a
contingency in the amount of $57,639.67 will be added to the project account for a total
project budget of$441,904.11 is hereby approved.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City Code,
and close the contract award including, but not limited to making final payment within the
• terms and conditions of the contract and within the contract price.
Temp. Reso. #13560 IllFebruary 10, 2021
Page 4 of 5
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.
"The remainder of this page is intentionally left blank."
•
S
• Temp. Reso. #13560
February 10, 2021
Page 5 of 5
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
q
PASSED, ADOPTED AND APPROVED this I O day of 12 ''I J ,2021.
eld6a-6\
ICHELLE J. GC31I�IEZ
MAYOR
ATTEST:
JENN R OH SON, CMC
ijEN
ITY C K
110
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ 8
DIST 1: COMM. BOLTON f&DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS jIS
DIST 4: COMM. FLACK()
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
2.D 2-
ANS OTTINOT
INT RIM CITY ATTORNEY
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TAMARAC
The City For Your Life
City of Tamosac Purchasing and Controsts Division
SERVICES AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
STANFORD & SONS TRUCKING CORP DBA STANFORD CONSTRUCTION CO.
THIS AGREEMENT is made and entered into this lcf{day of -/AA / /` . 2&.9 I by and
between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th
Ave., Tamarac, FL 33321 (the `CITY") and Stanford & Sons Trucking Corp dba Stanford
Construction Co. a Florida corporation with principal offices located at 1081 NW 12 Terrace
Pompano Beach FL, 33069 (the "Contractor") to provide services to complete Commercial Blvd.
Force Main Replacement Project.
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, Bid Document No. 21-04B for"Commercial
Blvd. Force Main Replacement Project", issued by the City of Tamarac on November 15, 2020
including all conditions therein, (General Terms and Conditions, Special Conditions and/or
Special Provisions, Instructions to Bidder's), drawings and/or schematic plans, Technical
Specifications, all addenda, the Contractor's Bid response dated December 17, 2020, 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 therein. In the event that there is a conflict between Bid 21-04B for"Commercial Blvd.
Force Main Replacement Project" as issued by City, and the contractor's bid response; Bid 21-
04B for "Commercial Blvd. Force Main Replacement Project" as issued by City shall take
precedence over the contractor's bid response. Furthermore, in the event of a conflict between
this document and any other Contract Documents, this Agreement shall prevail.
2. THE WORK
2.1. The Contractor shall perform all work for the City required by the contract documents as
set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to
complete the scope of work, as outlined in the contract documents including all
Addendums, Exhibits, Attachments and Appendices.
2.1.2 Contractor shall supervise the work force to ensure that all workers 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.
2.1.3 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 changes caused by inclement weather.
2.1.4 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
21-04B-Commercial Blvd.Force Main Replacement Project 1 Agreement
TAMARAC
r p° .✓0
The City For Your Life
subcontractors, if any, with respect to the work and services described herein.
3. INSURANCE
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as specified in the original bid document or as required by the City's Risk
and Safety Manager before beginning work under this Agreement including, but not
limited to, Workers° Compensation, Commercial General Liability, Builder's Risk 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 and Safety 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.
3.2. 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. The following are required types and minimum
limits of insurance coverage, which the Bidder agrees to maintain during the term of this
contract:
• General Liability- $1 M/$2M
• Automobile—$1 M/$1 M
• Workers Comp—Statutory
4. PERFORMANCE, PAYMENT AND WARRANTY BONDS
4.1 Within fifteen (15) calendar days after contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five(5)years.The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United States as an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570.
4.2 The Contractor shall be required to provide acceptable, separate Performance and
Payment Bonds in the amount of one hundred 100% of the bid award amount as security
for the faithful project performance and payment of all the Contractor's obligations under
the contract documents, per City Code Section 10-156. The Performance Bond shall be
conditioned that the Successful Bidder performs the contract in the time and manner
prescribed in the contract. The Payment Bond shall be conditioned that the Successful
Bidder promptly make payments to all persons who supply the Successful Bidder in the
prosecution of the work provided for in the contract and shall provide that the surety shall
pay the same in the amount not exceeding the sum provided in such bonds, together
with interest at the maximum rate allowed by law and that they shall indemnify and hold
harmless the CITY to the extent of any and all payments in connection with the carrying
out of said contract which the CITY may be required to make under the law. Payment
and Performance Bonds must be submitted on City forms, included herein. At the
completion and formal approval and acceptance of all work associated with the project,
a one-year warranty period will begin. If the surety on any bond furnished by the
Contractor is declared bankrupt or becomes insolvent, or its right to do business is
21-04B-Commercial Blvd.Force Main Replacement Project 2 Agreement
T M RAC
The City For Your Life
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terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute
another bond meeting the requirements outlined above, which must also be acceptable
to the City.
4.3 Such bonds shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with
the final sum of said bonds reduced after final payment to an amount equal to twenty
five percent (25%) of the Contract price, or an additional bond shall be conditioned that
the Contractor correct any defective of faulty work or material which appear within one
(1) year after final completion of the Contract, upon notification by CITY. The Warranty
Bond shall cover the cost of labor as well as materials.
4.4 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor
shall ensure that the Performance and Payment Bond or Bonds referenced above
shall be recorded in the Public records of Broward County at the Bidder's
expense. Proof of recording must be submitted to the City prior to issuance of
any purchase order or payment by the City. One (1) set of original Performance and
Payment Bond documents is required to be provided to the City prior to the issuance of
any Notice to Proceed by the City
5. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
5.1 The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10)days after the date that Contractor
receives the City's Notice to Proceed. The work shall be completed within One Hundred
(100) Calendar days for Final Completion from issuance of City's Notice to Proceed,
subject to any permitted extensions of time under the Contract Documents. The work
under this agreement shall be substantially complete(i.e. Substantial Completion)within
One Hundred Thirty (130) calendar days from issuance of City's Notice to Proceed.
5.2 During the pre-construction portion of the work hereunder, the parties agree to work
diligently and in good faith in performing their obligations hereunder, so that all required
permits for the construction portion of the work may be obtained by the City in
accordance with the Schedule included in the Contract Documents. In the event that
any delays in the pre-construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force majeure or
are otherwise outside of the control of either party hereto, then the parties shall agree
on an equitable extension of the time for substantial completion hereunder and any
resulting increase in general condition costs.
6. CONTRACT SUM
The Contract Sum for the above work is a"not to exceed"total of: Three Hundred Eighty Four
Thousand Two Hundred Sixty-Four Dollars and Forty-Four Cents ($384,264.44).
7. PAYMENTS
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of five percent(5%)will be deducted from each monthly payment through
project completion, upon City review and approval. Retainage monies will be released upon
satisfactory completion and final inspection of the specific work order. Invoices must bear the
bid number, project name, project number, and purchase order number. The City has up to
twenty-five (25) business days to review, approve and pay all invoices after receipt. The
Contractor shall invoice the City and provide a written request to the City to commence the one-
year warranty period. All necessary Release of Liens and Affidavits shall be processed before
the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S.,
Part VII, Chapter 218.
21-04B-Commercial Blvd.Force Main Replacement Project 3 Agreement
TAMARAC
The City For Your Life
y.
8. REMEDIES
8.1 Damages: The City reserves the right to recover any ascertainable actual damages
incurred as a result of the failure of the Contractor to perform in accordance with the
requirements of this Agreement, or for losses sustained by the City resultant from the
Contractor's failure to perform in accordance with the requirements of this Agreement.
8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does
not conform to the requirements of this Agreement, or if the work exhibits poor
workmanship, the City reserves the right to require that the Contractor correct all
deficiencies in the work to bring the work into conformance without additional cost to the
City, and / or replace any personnel who fail to perform in accordance with the
requirements of this Agreement. The City shall be the sole judge of non-conformance
and the quality of workmanship.
9. CHANGE ORDERS
9.1 All Change Orders shall include a maximum Overhead and Profit, not to exceed five
percent (5%) and five percent (5%) respectively.
9.2 Without invalidating the contract, without any monetary compensation, and without
notice to any surety, the City reserves and shall have the right to make increases,
decreases or other changes to the work as may be considered necessary or desirable
to complete the proposed construction in a satisfactory manner. The Contractor shall
not start work pursuant to a change order until the change order setting forth the
adjustments is approved by the City, and executed by the City and Contractor. Once the
change order is so approved, the Contractor shall promptly proceed with the work.
9.3 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All duties,
responsibilities and obligations assigned to or undertaken by the Contractor shall be at
Contractor's expense without change in the Contract Price or Time except as approved
in writing by the City.
9.4 The Contract Price and/or Time may only be changed by a Change Order. A fully
executed change order for any extra work must exist before such extra work is begun.
Any claim for an increase or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other party promptly (but in no
event later than 15 days) after the occurrence of the event giving rise to the claim and
stating the general nature of the claim. The amount of the claim with supporting data
shall be delivered (unless the City allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accompanied by claimant's written
statement that the amount claimed covers all known amounts to which the claimant is
entitled as a result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
9.5 The Contract Time may only be changed by a Change Order. A fully executed change
order must exist prior to extension of the contract time.
9.6 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen (15) days
after the occurrence of the event giving rise to the claim. Notice of the extent of the claim
shall be delivered with supporting data and stating the general nature of the claim.
Contractor hereby agrees to waive rights to recover any lost time or incurred costs from
delays unless Contractor has given the notice and the supporting data required by this
Paragraph.
9.7 Extensions of time shall be considered and will be based solely upon the effect of delays
to the work as a whole. Extensions of time shall not be granted for delays to the work,
21-04B-Commercial Blvd.Force Main Replacement Project 4 Agreement
TAMARAC
The City For Your Life
? %rJ!r'Y,ro,p; , r(Tian h(la in)otn,nn
unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay
the progress of work as a whole. Time extensions shall not be allowed for delays to parts
of the work that are not on the critical path of the project schedule. Time extensions shall
not be granted until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
9.8 In the event satisfactory adjustment cannot be reached by City and Contractor for any
item requiring a change in the contract, and a change order has not been issued, City
reserves the right at its sole option to terminate the contract as it applies to these items
in question and make such arrangements as City deems necessary to complete the
work. The cost of any work covered by a change order for an increase or decrease in
contract price shall be determined by mutual acceptance of a Guaranteed Maximum
Price by the City and Contractor. If notice of any change in the contract or contract time
is required to be given to a surety by the provisions of the bond, the giving of such notice
shall be the Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City.
Failure of the Contractor to obtain such approval from the Surety may be a basis for
termination of this Contract by the City.
10. LIQUIDATED DAMAGES
Project Substantial completion shall be within One Hundred (100) calendar days from
Contractor's receipt of City's Notice to Proceed. Final Completion shall be One Hundred
Thirty(130) calendar days from date of City's Notice to Proceed. All time limits stated in the
Contract Documents are of the essence of the Agreement. The parties acknowledge that
damages arising from delay in meeting these time limits are difficult or impossible to ascertain.
Therefore, the parties hereby agree that in the event that the Contractor fails to meet the time
limits, as may be extended by the City in accordance with the terms of the Agreement or as
otherwise provided in the Agreement, liquidated damages will be assessed against Contractor
in the amount of Seven Hundred Fifty Dollars and Zero Cents ($750.00) for each calendar
day beyond the time imposed until such work is completed.
11. NO DAMAGES FOR DELAYS
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF
THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY
CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED
AGAINST CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase
in the construction cost or payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs. expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from
any cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable,foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,that
this provision shall not preclude recovery of damages by Contractor for hindrances or delays due
solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's
employees, or separate contractors employed by the City, or by changes ordered in the Work, or
by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably
extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased
by Change Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of
the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not
reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control,
or by other causes which the City and Contractor agree may justify delay, then the Contract Time
shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
21-04B-Commercial Blvd.Force Main Replacement Project 5 Agreement
TAMARAC
The City For Your Life
extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. in
accordance with and to that extent specifically provided above. No extension of time shall be
granted for delays resulting from normal weather conditions prevailing in the area as defined by
the average of the last ten(10)years of weather data as recorded by the United States Department
of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather
Station.
12. WAIVER OF LIENS
Prior to final payment of Contract Sum, a final waiver of lien shall be submitted to City by
Contractor from all suppliers, subcontractors, and/or Contractors who submitted a "Notice to
Owner" and a Consent of Surety on behalf of any and all other suppliers and subcontractors
who worked on the project that is the subject of this Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release City form all claims of liability by
Contractor in connection with the agreement.
13. WARRANTY
Contractor warrants the work against defect for a period of one (1) year from the date of City
approval of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for any
damages caused by defect to the affected area or to interior structure. The one (1) year
warranty period does not begin until approval of final payment for the entire project, and the
subsequent release of any Performance or Payment Bonds, which may be required by the
original bid document.
14. INDEMNIFICATION
14.1 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.
14.2 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
15. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT
15.1 During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, genetic information or
disability if qualified. The Contractor will take affirmative action to ensure that employees
and those of its subcontractors are treated during employment, without regard to their
race, color, sex including pregnancy, religion, age, national origin, marital status, political
affiliation, familial status, sexual orientation, gender identity or expression, or disability if
qualified. Such actions must include, but not be limited to, the following: employment,
21-04B-Commercial Blvd.Force Main Replacement Project 6 Agreement
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The City For Your Life
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promotion; demotion or transfer: recruitment or recruitment advertising, layoff or
termination; rates of pay Or other hnrnoS of compensation; and selection for tr3ining,
including apprenticeship.
15.3 The Contractor and its subcontractors shall agree to post in conspicuous p|ao*a,
available to its employees and applicants for employment, notices to be provided by the
contracting oMiue/ setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that all SubCoDtracto[S, if any, will be
made aware of and will comply with this nondiscrimination clause.
16. INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the Parties. It is
the intent of the Parties that the Contractor is an independent contractor under this Agreement
and not the City's employee for any purposes, including but not limited to, the application of the
Fair Labor Standards Act nnininnunn wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code. the State Worker's Compensation Aot, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder pnovided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City. State, or United States po|ioiee, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that ithas made its
Ovvn investment in its business, and that it will utilize a high level of skill necessary to perform
the work. This Agreement shall not be construed as creating any joint employment relationship
between the Contractor and the City and the City will not be liable for any obligation incurred by
Contractnr, including but not limited to unpaid nnininnunn wages and/or overtime premiums.
17' 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 besubcontracted
without the prior written consent of the city.
18. 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 either delivered in person. sent by U.S. Certified Mai|,
U.S. Express Moi|, air orground courier services, or by messenger service, as follows:
CITY
City Manager
City ofTamarac
7525N.VV� 88thAvenue
Tamarac, FL 33321
With m copy to the City Attorney ot the following address:
[>ttinotLovv. P.A.
5944 Coral Ridge Drive. PM #201
Coral Springs, FL33O7O'33OO
21-04a Commercial Blvd,Force Main Replacement Project 7 Agreement
TAMARAC
The City For Your Life
CONTRACTOR
Name: STANFORD & SONS TRUCKING CORPORATION
Address: 1081 NW 12 TERRACE POMPANO BEACH, FL 33069
FIN/EIN: 65-0393448
Contract Licensee: CUC1224192
Contact:AMRITT, STANFORD L
Email: s.amritt(u�stanfordcc.com
Phone: 954-783-6922
Fax: 954-783-6925
19. TERMINATION
19.1 Termination for Convenience: This Agreement may be terminated by City for
convenience, upon seven (7) days of written notice by terminating party to the other
party for such termination in which event Contractor shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify city against loss pertaining to this termination.
19.2 Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, 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
thirty (30) days after receipt by Contractor of written notice of such neglect or failure.
20. 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.
21. 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.
22. 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.
23. 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 validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either party shall
not constitute a waiver of that provision nor shall it affect enforceability of that provision or of the
remainder of this Agreement.
24. UNCONTROLLABLE CIRCUMSTANCES
24.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces"shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party. It includes, but is not limited to
21-04B-Commercial Blvd.Force Main Replacement Project 8 Agreement
TAMARAC
The City For Your Life
(Ay 5 .:.vYi p. / /:/ / . .
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions, such as delays in permitting due to outside agencies, which
are beyond the Contractor's control.
24.2 Neither party shall, however, be excused from performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
25. 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.
26. NO CONSTRUCTION AGAINST DRAFTING PARTY
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such
a presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
27. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for the Contractor, any fee, commission,
percentage, gift or any other consideration contingent upon or resulting from the award or
making of this Agreement.
28. SCRUTINIZED COMPANIES - 287.135 AND 215.473
28.1 By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in
Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above.
28.2 Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was made
in error. If Contractor does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
21-04B-Commercial Blvd.Force Main Replacement Project 9 Agreement
TAMARAC
The City For Your Life
Cit ;:arse: Cary ha, g and Contracts
29. PUBLIC RECORDS
29.1 The CITY is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically,
CONTRACTOR shall:
29.1.1 Keep and maintain public records required by the CITY in order to perform the
service;
29.1.2 Upon request from the CITY, provide the public agency with a copy of the
requested records or allow the records to be inspected or copied within a
reasonable time at no cost to the CITY.
29.1.3 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the Agreement and
any renewals thereof if CONTRACTOR does not transfer the records to the CITY.
29.1.4 Upon completion of the Agreement, transfer, at no cost to the CITY, all public
records in possession of CONTRACTOR, or keep and maintain public records
required by the CITY to perform the service. If CONTRACTOR transfers all public
records to the CITY upon completion of the Agreement, CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of the Agreement, CONTRACTOR shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the CITY, upon request from the CITY's
custodian of public records in a format that is compatible with the information
technology systems of the CITY.
29.2 During the term of this Agreement and any renewals, CONTRACTOR shall maintain all
books, reports and records in accordance with generally accepted accounting practices
and standards for records directly related to this contract.
30. CUSTODIAN OF RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY CLERK
7525 NW 88TH AVENUE
ROOM 101
TAMARAC, FL 33321
(954) 597-3505
CITYCLERK@TAMARAC,ORG
21-04B-Commercial Blvd.Force Main Replacement Project 10 Agreement
TAMARAC
The City F���U�
��u�r�^��r pu,�^sm�mn�onvrvzn�o��mn
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates
under each signature. CITY C}FTAK8ARAC. signing by and through its Mayor and City Manager' and
CONTRACTOR, signing by and through its Owner duly authorized to execute same.
CITY Of TAMARAC
Mic elle J. Gomez, Mayo
����\�` ////// / �
(�� T4 "�
Date
/Y| j~ N1|okae| [. Cerneuh. City N1enaQaf
1963
/ A
` J | ~�- ` Date
`- ity (�| ''' '
�,�/- ��) 11
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//////||1\0`�
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--' legal sufficiency:
Date
/e�j
mey
uaos
ATTEST: Stanford & Sons Trucking Corp dba Stanford
Construction Co.
Company Name
�1�*^��
��|gn�tur���Corporate Secretary 'Signature v m.vvne/
_ c� � ^ �+--�
\_� �~� ��w^��\J--� Stanford L /\Doritt
Type/Print Name of Corporate Secy. Type/Print Name ofOwner
(CORPORATE SEAL) Date
e1'04e Commercial Blvd.Force Main Replacement Project 11 Agreement
TAMARAC
The City P���U�
�������� and"o����o��
CORPORATE ACKNOWLEDGEMENT
STATE OF T\or�A^=~ �
:SG
COUNTY OF
| HEREBY CERTIFY that on this day, before noe. an Officer duly authorized in the State aforesaid and
in the County aforesaid to take aoknovv|edgnnente, personally appeared Stanford LArnri11 Owner nf
Stanford&Sons Truckinq Corp dba Stanford Construction Co. a Florida Corporation,to me known
to be the person(s) described in and who executed the foregoing instrument and acknowledged before
nn8 that he/she executed the same.
WITNESS noy hand and official seal this day nf—s;^^UCLc�0( . 20ak.
5-We daie
Name of Notary Public
Personally known tonoeor
� Produced Identification
Type of |.O. Produced
DID take on oath, or
DID NOT take 8Doath.
21-04u Commercial Blvd.Force Main Replacement Project 12 Agreement