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HomeMy WebLinkAboutR-2002-002 Awarding a Bid for the Purchase of 25 Royal Palm Trees to total quality construction services RESOLUTION NO. 2002-002 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A BID FOR THE PURCHASE OF 25 ROYAL PALM TREES TO TOTAL QUALITY CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $48,262.50 SUBJECT TO AN AGREEMENT APPROVED BY THE CITY ATTORNEY; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach advertised to bidders the City's desire to purchase 25 Royal Palm Trees in accordance with specifications provided in the bid documents and has received a qualified bid for such services; and WHEREAS, the City of Dania Beach desires to contract for the purchase of 25 Royal Palm Trees from Total Quality Construction Services, Inc., lowest qualified bidder, in accordance with bid documents and specifications. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACHI FLORIDA: ® Section 1. That the City awards the bid to Total Quality Construction Services, Inc. for the purchase of 25 Royal Palm Trees, a copy of which is attached hereto and marked Exhibit "A", in an amount not to exceed$48,262.50. Section 2. That the City Manager and City Attorney are authorized to prepare an agreement with Total Quality Construction Services, Inc. and to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED'ON THE 8T" DAY OF JANUARY, 2002. PATRICIA FLURY MAYOR— COMMISSIONER RESOLUTION NO 2002-002 ATTEST: ROLL CALL: • COMMISSIONER BERTINO - YES h K� COMMISSIONER MCELYEA - YES H RLENE JO N ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR CHUNN -YES MAYOR FLURY- YES APPROVED AS FO M AND CORRECTNESS: BY: Ill THomAsl-j. ANSBRO C ITY'ATTO RN EY s RESOLUTION NO 2002-002 AGREEMENT THIS IS AN AGREEMENT " ( Agreement ), dated January �� 2002 between; THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business location at 10o WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, and TOTAL QUALITY CONSTRUCTION SERVICES, INC. ("Contractor"), a Florida Corporation with its principal place of business located at 7121 NW 44 LANE COCONUT CREEK, FL 33071 In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and Contractor agree as follows ARTICLE t PREAMBLE In order to establish the background, context and. frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions-which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, forthre consideration frilly set out below, shalt furnish all the materials, equipment and labor to perform all work necessary to complete- the Project; all in full and complete accordance with plans and specifications spelled out in Dania PW 01-03 Bid Package, known as Exhibit "A"which is attached and made part of this Agreement. The "Project" consists of materials, equipment and tabor necessary to complete the Royal Paler Tree installation. on Dania Beach Blvd according to the Specifications which are a part of Contractor's executed Bid Proposal, which proposal is incorporated into and:matte a part of-this Agreement-as Exhibit "A", attached. 1:2 The City advertised its-notice-to-bidders-of.the City's desire to have the Project completed, pursuant to the bid entitled: Dania pW 01-03 Bid for Supply and Installation Of Royal halm Frees 1.3 On January M' 2002- the City -awarded the bid- to Contractor, TOTAL QUALITY CONSTRUCTION SERVICES,_INC., and authorized the proper City officials to enter into this Agreement with Contractor to complete the Project. AFMCL�Z SERVICES AND RPSPONSIRIJ - 2.1 Contractor agrees to do everything required b y thia to comply with any and alf other provisions in the documents and tems�incorporatedordby reference into this Agreement. Contractor also clean up and bear the expense of any off-site disposal, which is orrmay hencto e perform alted by its work on and around the Project site.. a. 2.2 Contractor agrees that aff work performed under this Agreement shall be done in a professional mariner and that Contractor's efforts will produce a quality result. 2.3 Contractor represents to City, with fun knowtedge mat City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and work force sufficient to timely perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.4 Contractor represents to City that Contractor is properly licensed by ad applicable federat, state and local agencies to provide the services specified under this Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any mason- by any governmental: agency, Contractor shall notify the City immediately. 2.5 Contractor agrees to- conduct all work and services under this Agreement in accordance with all applicable federal, state and. local laws and regulations: Contractor wilt-identify all governmental authorities and agencies having jurisdiction to approve-work involved in the Project and Contractor agrees to obtain all permits and approvals from any and all such governmental authorities which have jurisdiction. If permitted-by the-permitting agency, snit if City can realize a cost savings by such action, City may authorize the Contractor to seek required permits on behalf of and in the name-of-C4 as.its-Contractor; provided, however, that Contractor agrees to fully indemnify and hold harmless the City in all respects as a resultof the obtaining ofr any-and aft such permits and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same-, the-amounts of all permit fees incurred by Contractor in connection with the applications,-Processing_and secu-ringof approvals or permits which are required to be obtained from aff governmental authorities which have jurisdiction over any and all aspects of this work, except City permits and-fees whtch shaft be waived and except for so much of any fees as to which the City Is required to remit to other governmental agencies. 2:6 City'a.UtiGtles/Public Works Director, or his designated representative, will be the person through whom Contractor must communicate all information pertaining to-the-Project. YAIMTREF.$.00[ 27 Contractor shall guarantee the entire Project against poor workmanship and faulty materials.for a period of one (1) year after final payment and • shall immediately correct any defects, which may occur during this period upon notification by the City's Utilitie&/Public Works Director, or his designated representative. Contractor waives any and all rights to claim any statute of limitations defense as to any condition that-may-arise under this guarantee. ARTICLE� 3 TERMS AND CONDITIONS 3.1 Contractor shall begin to perform the Project work commencing no later than fifteen- (15)-days after "tagging the trees' and shall complete the Project work no later than twenty (20) days after "tagging the trees." For purposes of this.Agreement, "tagging the trees' shall mean that the City's Consultant and the Contractor shall select trees which-meet the-£Ity-'s requirements, as described in Exhibit "A", and.place a tag on such trees. 3.2 This Agreement- may be terminated' by City if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice- of any deficiency to Contractor and Contractor does not cure such deficiency within severe(7) days-from-the date of such-notice, In such event. the Contractor shalt be paid compensation for improvements made toward completion of the Project, if such improvements meet.City's sole-and_reasonable approval which approval will not be unreasonably withheld. In the event that the Contractor abandons the work specified in ft&Agreement or causes it to be-temvnated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to-be paid under this Agrvemnt. All finished or unfinished materials, documents and reports prepared by. Contractorr shaft become the-property of City and shall be delivered-by Contractor to City before payment, if any, is made to Contractor by City. ARTICLE 4 COIVIPEidSATIE?(*AN1Y METHOD OF PAYNiEidT 4.1 Contractor shatt submita-Request for Payment for the Total Agreement Amount upon completion of all work, and receipt of all approved Utilities/Public Works Department- inspections. After Contractor gives City written notice of the completion date, City agrees to compensate Contractor as follows, no later than. twenty (20} business days. after- the City's- Utilities, Public Works Director or his designated representative approves all of Contractor's-Project work- pursuant to the provisions of this Agreement. TOTAL AGREEMENT AMOUNT$48,262,50 Z PALM)REES.dw: ... n�hyt?�1l4`94N✓hH1W(^7?lktMlSS(i:t!4dW+.wiWh'lN1NH(i Project completion shall be evidenced by a writing to that effect, issued by the Utilities/Public Works Director and given to. the City Clerk. The tots} compensation- above may not be exceeded without a written amendment to this Agreement executed by the authorized agents of both of the parties. 4.2 Payment will be-made to Contractor at: Ryan Johnson, President Total Quality Construction Services,.Inc. 7121 N,W. 44`" Lane Coconut Creek, Florida 33073 4.3 The making and acceptance of the work shall constitute a waiver of all claims by the City except for any.or all claims arising from the guarantee set forth above; unsettled liens, lawsuits, deficiencies or faulty work appearing within one (1) year after final payment, or from any variations from the requirements of the Specifications for the Project, The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Before final payment is-made; Contractor shall provide City copies of releases of all liens from any and all subcontractors, material providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Project. The Contractor shall furnish the City a "No Lien Affidavit', Final payment shall be-made upon submission by the Contractor of-evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the-warK have been paid in full, and after all guarantees and specifications for products.and/or material&incorporated into the projeei:that appear in this Agreement and as otherwise set forth in the specifications have been furnished to and found acceptable by the City. ARTICLES CHANGES IN SCOPE OF WORK 5.1 City or Contractor may request changes that increase, decrease or otherwise-modify the-Project, as described-in this Agreement. These changes may affect the compensation specified above and, if so, they must he described in a written amendment, executed by the- authorized agents of both of the parties, prior to any deviation from. the terms of this Agreement_ In no event will Contractor deviate or permrt deviation from the work described in this Agreement or the Specifications without City's advance written-consent. b-2 Contractor shatt become familiar with the site and field conditions and shall be responsible for damage caused by Contractor, its employees, subcontractors or other workers under its direction•or control: Any such damage shall be repaired by Contractor at its own expense. • PMMTREF.B.Ooc 4 ......,.,. .,.,.,. ....M.a.a.+uu,tYulYn°YWi6Yit u'W"",,,m-YlYBiif Ribkl 6.ati;(YISiNI'dART'F{ r/Y4Ki1 .�VrfYYti1%Y4".f4�}Y a3�piIPLL'1i�1 ARTICLE 6 • PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement. the Contractor shall. Protect the City`s property from all damage whatsoever on account of Contractor's performance of work toward completion of the Project described by this Agreement. ART LE 7 INDEMNIFICATION 7.1 The Contractor agrees to indemnify and hold harmless the City and its elected and=appointed officers,.agents, servants and employees, from and against any and all claims, demands or causes of action whatsoever, and the resulting losses, costs,expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments and decrees, sustained-by the City and any third- party arising out of, or by reason of, or resulting from the t;ontractoes work toward completion of the Project, Contractor's reckless, acts, or negligent acts-, or both and any and all a rom or omission& of whatsoever kind up to a maximum amount of the Total Agreement Amount. 7.2 The Contractor agrees to release the City from and against any and all liability and responslbltity in connection with afire Project work. If Contractor exposes City to liability for any reason arising out of the Project work, Contractor's compensation may-be-withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related. to such matters. against Contractor's- compensation-, if arty. City with notify Contractor in writing when it • determines Contractor may have exposed City to any liability and City will provide-a, reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. i ARTICLE I3- INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor- has obtained all- insurance required- under section 8.4 of this Article (°Coverage"j and such Coverage has been approved by the Risk Manager of the City- The- Contractor shaft not allow any subcontractor to commence work on any subcontract until the subcontractor,. as provided in- section 14 3, below, and all Coverage required of any subcontractor, have been approved by City. In addition, Contractor shall be respond for any policy deductibles and self-insured retentions. • 5 PnL/Ai REES.dac ... ..,,,",,,.............,....,,inn.e.n,.rwwuwrwm+.YrKv.:..,YJ/wvNw Haab t?'+a'im n.K .-ni wiPKYAaY,c.,JFVNrtiira+�Jr�/�I�", g•Z Contractor shall file Certificates of insurance with the City, reflecting evidence of the Coverage. They shall be filed with the City Risk Manager within ten • (10)`days of the date first above written. These Certificates shall contain a provision that Coverage afforded under these policies wilt not be canceled until at least thirty(30) days prior written notice has been given to the City. Policies for Coverage shall be '*sued by companies-authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "K in the-latest edition afi the °BEST`S KEY RATiNGGUIDE", published by A.M. Best Guide. 8.3 Coverage shall be in force until all work required to be performed under the terms of this Agreement-is satisfactorily completed as- evidenced by the format acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shalt terminate and-lapse-during the period-of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date-of such irrswarrw, a renewed certificate of insurance as proof that equal and like Coverage for the balance of the period of the Agreement and-any extermsion of it is in effect.' THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT. UNLESS ALL COVERAGE- REMAINS IN FULL FORCE ANC?- EFFECT,`SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED114-THIS AGREEMENT. 8.4 REQUIRED INSURANCE COVERAGE. 8AA General: Liability Insurance includes products, completed operations and blanket contractual liability with bodily injury limits of. not less than $1,000,OUO.O9 per occurrence combined single- limit for bodily injury and property damage. City shall be named as an "additional named insured" under the general liability policy including product liability. 8.4.2 Workers' Compensation insurance shall be maintained by Contractor during the.life of this Agreement to comply witty- statutory limits for aft employees, and in the case any work is sublet, as otherwise addressed in this Agreement. the Contractor shalt require any-subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees-are-covered by the protection afforded by the Contractor. The Contractor and its subcontractors shall maintain during the life of this policy Employers' Liability Insurance. The following limits must,be maintained: $500,000.00 with not less than $100,000.00 per occurrence. 8.4.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. This coverage shall include owned,hired and.non-owned vehicles. 6 PAI.MTAEES.aac _. ., __...,,.,.,,.._,,,,,,,,,,,,,,,,,,,,...........�rr�a.Yr ,iWNYi iiJ "n,•.n a'.JrL'r'ier .I.mrrw>tw1:nY1w+�iYl111a11�i;.'7,.`.,411,�J-�f,Wiinll..a.w1.'4')H '�il..R The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to .persons, property or premises arising out of the operations to-complete the Project. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City,deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an -employee/employer relationship between the parties. Contractor agrees.that it is not the City'e ernp eyee- for any purposes-, including-but not limited to, the application of the Fair Labor Standards Act minimum wages' lags and overtime payrnMW Federal- Insurance- Contrlbuti-on Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the-Florida Workers` Compensation Act,and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and.exercise its judgment " to the manner and means-of carrying out Contractor's activities and responsibilities-toward completion-of the Project. Administrative-procedures applicable- to services rendered under this Agreement shalt be those of Contractor, which policies of Contractor shall-not conflict with City; R.Lt.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees that.it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own 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 u between the-Contractor and-the City and the City will not be liable for any obligation incurred by. Contractor, inckWing.but-not Iimited-to-unpaid minimurrr wagm overtime premiums or both. ARTICLE 1-0-- BANKRUPTCY It is agreed that if the Contractor is adjudged bankrupt, either voluntarily, or involuntarily, then this Agreement shall terminate effective on the date and at the time the. bankruptcy petitiort is filed and Contractor wW automatically be irr default of this Agreement and-the provisions of Article 11 will be enforced at City's discretion. 7 PAL WACE3.Doc ARTICLE 11 DEFAULT F EEMENT AND RUEDIES 11.1 Re ies in Default. In case of any default by Contractor, the through Oty`s Utilities/Public Works of s Director or his designated representative, shall notify the Contractor, in writing,. such default end-direct Contractor to comply with all provisions of the Agreement. If Contractor does not cure such default within seven (7) days of the date after notlse was sent by City# City may declare a default of this Agreement and will notify the Contractor of such declaration of default in writing and terminate the Agreement_- -. 11.1.2 If the Contractor faits to perform any of its obligations as described City ma com above, the y complete, the Project, or any part of it, either by day labor or re- letting a Contract-("Default-Contract")for the same, and procure the equipment and the facilities necessary for the completion of the Default Contract, and charge the cost of sane to the-Contractor, together with the costs incident to such default. 11-A-3 In ibe event the City completes the-Default Contract at a lesser cost than would have been payable to the Contractor under this Agreement- if the same had beery fulfilled by Contractor, City shall retain such difference. Should such cost to the City be greater,.then.the Contractor; shalt pay f amount of such excess to the City. The Contractor shall also be liable for damages resulting from lost funding. 11.1.4 The City may take advantage of each and every remedy specif+calty existing at taw or in,equity. Each and every-remedy shall be in addition to every other remedy specifically given or otherwise existing and may be exercised from time to time as often and in such-order as may be deemed expedient by the City. The exercise or the beginning of the exercise of one remedy sha# not be deemed-to be a waiver of the OW to exercise any other remedy. The City's rights and remedies as set forth in this Agreement are not exclusive and are irr addition to any other rights and remedies available to the City in law or in equity. ARTICLE 12 CONTRACTOR BILITY bil . Contractor acknowledgwy and agrees that Contractor shall be fully responsible to the City for all negligent acts, errors or orni&sions in its performance under this Agreement, and Contractor shalt be directly liable to City for such negligent acts, errors or omissions_ Consultant shall be, responsible- for• alt damages, losses. Claims, liabilities, and- expenses direct, indirect or consequential arising out of or alleged to have arisen out of or in consequence of such acts, errors or omissions. A_ LE 13 DISPUTE RESOLUTION 8 ww►rcu�.a� ...•,•...ro....,.,,,•,._ ,..,,,,,,,.. .,u pn arna•nu.aan.,nvau,HrrrrwuvmncIN137®101M1M7MKIM?""y!c�'IVf'4'.lJt't[17.Y+"it1Y/.":.,CTJN,.,+MYrT,;:ri tt,li rlPYhW tt'.MATYr!i'iPM f 13.1 Venue: Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arislrt out of, Agreerent; or the breach of it, or the services of it, or thestandard of ng to or pertaining required in ik shaU be addressed bY resort the laws and rules of Florida; provided,thowever, that mediation event ofof o ny under between the-parties,the parties agree-to-first n any dispute Of the matter or matters in dispute and,-upon_failure of such-nnegotiatio�tea solve the dispute, the parties shall resort to ttediation. if mediation.is unsuccessful, an such matter may be determined by.litigation in a court ofent Y County; Florida; or the Federal District Court of the Sou hem District jurisdictof Floriion in da and appropriate appellate courts for such-venue and juri§diction.. In-any litigation, the parties agree to each waive any trial by jury of any and all issues. In-the event of any l� which-arises out of, pertains to,.or relates to this Agreement. Y a+gativn standard of performance required in it,. the rev A9 tha breach of it, or the reascutabie attorneys, p a�tng party shall be entitled TQ -recover fees from non-prevailing-party, subject to the limits of this paragraph. Where the prevailing..party_is awarded-compensatory-damages_from .the non-prBvartmg party, the--amount of attorneys' fees shall not exceed the amount of compensatory damages_ If no compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees, which entitlement and award shall not exceed-the total amount Payable as-Contractor's compensation under this Agreement. 13.2 O er tions During Distwte. 13.2.1 In the event that a dispute, if any, miss between the City and the _Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to- continue to render service in full compliance with all terms and • conditions of thi&Agreement as required by the City. 13.2.2- Notwithstanding any other provisions in this Agreement, whenever any service provided. by the Contaractor falls to meet City's reasonable approval, the City will have the right to terminate the Agreement.seven (7y days after the date when the written notice was sent by City of the deficiency, if Contractor-has not cured such deficiency within that time. AR�ICIE'I4 MI_ SCELLANEOUS r • t L§gal Reoreeentation, It is acknowledged that each eathad� 9 party to this oPportunAy to be,represented by counsel in the preparation of this Agreement-, and accordingly, the rule that a contract shall be interpreted strictly against PwtY preparing same shall- not apply to this Agreement due to the joint contributions of both parties. . Q PALM7Ft 5.aoc 14.2 Records. Contractor shall keep such records and a any and all subcomractors to keep ccourrts and require order to record complete and correct rentecords and as may be necessary in engagement, and any expenses for which Contractor n may a et hours charged to this reimbursement. Such books and y attempt to claim examination and audit by City and shalle p�o as p�period of threeble at all (a) times for completlon of all- work to be performed g ate°the. incorrect entries in such books and records will be groundsAgreement. for�disal otwancempiete or any fees or expenses based-upon such entries. by City of. 14.3 . nments Su co sand Amen m This Agreement, and enu. any interests in it, shall not in whole.or in-part be assigned, subcontracted,.transferred in arty way or otherwise encumbered, under-any circumstances, by Contractor the prior written consent. of G without For Purposes of this Agreement, any change of ownership of or,controlling-interest in Contractor shall constitute an.assignment which requires City approval' Violativrtof tte terms Of this Of this Agreement by Contractor and City may,paragraph i nra ts shall lre ros to a breach Agreement and aH rights of Contractor under this Agreement will teetiM e�cei this It Vs-further agreed that no modification, amendment or alteration of the terms or conditions contained in this Agree shall ber effective unless contained in a written document executed by the authorized agents of the parties. No retained y 44 Co--nh�BIltFee_s. Contractor warrants that it has not employed or y OF person, other than-a bona-fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not any Few individual or firm- , other than a bon ,,cOmPany; corporaborr, P a agreed to pay a fide employee working solely for Contractor any fee, commission, cot�sideratiort con ' percentage, gift or other tjngent upon or resulting from the award or making of this Agreement. For the breach or violation of this pmvisiort, the Ci shag have-the right to terminate the Agreement without Hability and, in its discretion, to from the Agreement otfierwise- recaver the- full amount- of such fee, commission price; or consideration. percentage, gift or 94.5 No i Whenever any party desires_to give notice to the other party, it must be given by written notice, sent by certified-United States mail, with return receipt m requested, addressed to the patty for who it is intended. The. places for giving notice shall remain as set forth below until they shall have been changed by written notice.in compliance-with the-lnoisians of this Section. For-the present, the Contractor and the City designate the following as the respective persons and places:for giving of notice: City. Robert Palm, UtititieslPubJic Works Director- City of-Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 PALMTREESAw to ..,..: ...... copy to: Thomas J. Ansbro, Esq. City Attorney Weiss, Serota, Helfman, Pastoria Cuedea V0T Stiriing Rd, Suite 300 Ft. Lauderdale, FL 3334Z Contractor: Ryan Johnson, President Total Quality Construction Services, Inc. 7121 N_W. 40 Lane- Coconut Creek, Florida 33073 4.6 Bind' Aut orit . Each person signing this Agreement on either party individually wwants.that he or she has fun.legal behalf of Agreement-on behalf of the party for whom he or she is power to execute this. bind.and.obligate-such-party with re 9T and is-authorized to sped to all provlsions contained in this Agreement. 14.7 reference only and of bye on dared in A�ment are for the convenience of y unterpretatron of this Agreement. 14.8 khibi . Each Exhibit referred to r -this A9rw partOf-"s Agr+eer�neent. TheF exhibits, if not physically attached, are treated essentialmOnt forms an this Agreement and.are incorporated in it by this reference. parts of 14.9 eve ill :. If any provision of this. any- person or situation shall to any extent be he ld Invalidre Qor application of it to remainder of this A� and- rtd ttTs ate, the st�uations other than those as to which it shall hav been hatlm Of celd tv invalid or u° persons or e, shalt not be affected-, ancf shatk cont[nue.in.futt force and effect,and shall be enforced to the fullest extent permitted by law. 14.10 + vernina Law. This Agreementwith sham be-goyefrtgd- by the laws. of the lying in Broward County, Florida. U:11 �ena Are ejg integrated agreerroent.betwe This Agreement represents the entire and negotiations; representations or agreements, e and ither�nhe Goer oraa supersedes all pear 14.12 giver. Failure of the City to insist upon strict provisiorR or eonditiort of this• anyr P�eFforrnance of any be construed as a waiver or relinquishment for hefutSt}tof mined in it, shall not corf or right lira-the same shall rernairr in-fall force and effect. � such provision, :t3 COMA- In the event there is a conflict between any of the terms in any Of the �u contained in any Exhibit for this ft i s of this Agreement-shall prevail. event and any farms of this • PPLafREEfl.dx 11 .._.. ��:��" '4A1W I191WrNnIYiA-.' WiJfU,IMWWJiI•V'p14UWYu'. IN WITNESS OF THE FOREGOING, the parties have set their hands and the day and'year first written above. seals • CITY OF DANrA REACH A Florida Municipal Corporation T: ON 1,�� L ' CITY CLERIC PAT FLURY, MAYO APPROVED FOR FORM AND CORRECTNESS: / BY: I� 1VA'�N P® O, CITY MANAG ER TROt CAS. l: A �ITY ATTORNEY 6f2it akoTc . TOTAL-QUALITY CONSTRUCTION:SERVICES, INC.- COMPANY NAME CORPORATE SEAL. 4 OF APPLICABLE) By.SI TURF PRI T NAME —' TITLE 17 STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorizecf law_ to administer oaths and take ackn d9rrtents, personally appeared f}N 1 .S 0 iU NSO� as- of Total Qua Gonstretction Services, Inc., a Agree of�Florida �Q�eej t _N and acknowledged execution.. of the foregoing the use and purposes-mentioned in it and that the instrument is the act and deed of the Contractor. IN WITNESS. OF THE FOREGOIP G I-have set my hand and official seal at in the State and Count aforesaid on , _�A r .�-< 2002 �— Nota�r'Ppblie. of Florida at Large ,.ailn,,, My Commission Expires: C on#DDD02?IB30� . ,... �= »4• A"Ut a BaKft too..hL 1 2 PRLRAREES.d— .r.r:•... Kmuswuxwti:JrAN�miw'«.ri.3ivaVu +r' .. ..