HomeMy WebLinkAboutR-1999-207.,
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RESOLUTION NO. 207-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR
THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS,
AND EQUIPMENT IN THE AMOUNT OF $121,603.50 FROM
UNITED UNDERGROUND CONTRACTOR CORPORATION;
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE
AN AGREEMENT WITH UNITED UNDERGROUND
CONTRACTOR CORPORATION FOR NORTHWEST
SIDEWALK IMPROVEMENTS, UNDER THE 24T" YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM; PROVIDING THAT ALL RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; FURTHER, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), authorizes that contracts for the purchase of supplies, services,
equipment and materials for the city government in excess of fifteen thousand dollars
($15,000.00) shall not be entered into or let except by authorization and approval of the
city commission, after advertisement for bids in a newspaper published in Broward
County, Florida, with such publication to be published weekly for two (2) consecutive
weeks with the first publication to be not less than fifteen (15) days prior the reception
of bids; and
WHEREAS, the city manager has determined that it is necessary to make
sidewalk improvements along NW 6`Avenue and NW 8"Avenue; and
WHEREAS, the city manager has determined that such purchase can be made at
the least cost to the city by awarding the bid to United Underground Contractor
Corporation in the amount of one hundred twenty-one thousand six hundred three and
50/100 dollars ($121,603.50) and the city manager is hereby authorized to pay the total
1 RESOLUTION NO. 207-99
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sum from the 24T" year Community Development Block Grant allocation from Broward
County;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Agreement
between the City of Dania Beach, Florida and United Underground Contractors
Corporation for Northwest Sidewalk Improvements, under the CDBG Program, which
Agreement is in substantial form as Exhibit "A", attached; provided, however, that the
City Manager and City Attorney are authorized to make minor revisions to such
Agreement as are deemed necessary and proper for the best interests of the City.
Section 2. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED this 12T" day of Off her, 1999.
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COMM SSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO -YES
w7r VICE-MAYOR MCELYEA-YES
SHERYL CHAP AM N COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FO M AND CORRECTNESS:
BY:
THOM SJ. AN BRO
CITY ATTORNEY
2 RESOLUTION NO. 207-99
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AGREEMEYT
(To be executed in triplicate, one copy in the Office
of the
City Manager, one copy to be filed in the Office of
Engineer of the City Dania Beach, and one co the City
Contractor) , copy to be given to the
THIS IS AN AGREEMENT, dated the between: day of October 1999
CITY OF DANIA BEACH, a municipal corporation of Florida,
called the "City", 100 WEST DANIA BEACH BOULEVARD
DANIA BEACH, FLORIDA 33004,
and
UNITED UNDERGROUND CONTRACTOR CORPORATION, a Florida
corporation, hereinafter referred to as "CONTRACTOR", 600
North 71 Avenue, Hollywood, FL 33024,
The "Project" is: NORTHWEST STR
EET IMPROVEMENTS,
PHASE II
The "City Engineer" is: HARTMAN G ASSOCIATES, INC.
8211 W. BROWARD BLVD, SUITE 330
PLANTATION, FL 33324
(954) 236-3360
W I T N E S S E T H:
In consideration of the mutual covenants, and terms and conditions
Payments hereinafter set forth CITY and' CONTRACTOR
promises,
agree as follows:
ARTICLE
PREAMBLE
In order to establish the background, context and form of
for this Agreement, and to general reference
intentions of express the objectives and
the ly respective parties herein, the following
statements, representations, and explanations shall be accepted as
predicates for the undertakings and commitments included within the
Provisions which follow, and may be relied upon by the
essential elements of the mutual considerations
parties as
upon which this
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Agreement is based.
1. 1 The CONTRACTOR, for the consideration hereafter fully set out
E shall furnish all the material, equipment and labor to perform all
the work necessary to complete the "Provisions for NORTHWEST STREET
all in IMPROVEMENTS PHASE II a Community Development Block Grant Program,,,
l and colete accordance to the bel
Documents 1 which are attached hereto and made a ow listed Contract
part hereof, as if
fully contained herein;
Advertisement for Bids; Instructions to Bidders; Bid
Forms, General Conditions, Supplementary Conditions,
Addenda, Constructions Drawings and Specifications; the
Proposal and acceptance thereof.
1 .2 On February 11, 1999 the CITY advertised its notice to bidders
Of the CITY' S desire to hire a firm to subject to the approval by
the Broward County Community Development Division, to provide for
Northwest Street Improvements - Phase II under the Community Block
Grant Program. Such sidewalk and landscape improvements are more
particularly described in the above entitled Contract Documents
which are attached hereto and made a hereof, for the said bid
entitled: \
BID PROPOSAL
NORTHWEST STREET IMPROVEMENTS,
Phase ZI
CITY OF DANIA BEACH
ADMINISTRATIVE CENTER
100 WEST DANIA BEACH BLVD.
DANIA BEACH, FLORIDA 33004
1.3 The CITY held a mandatory pre-bid meeting and on August 27,
1999 the bids were opened at the offices of the City Clerk.
1.4 On September 13, 1999, the CITY awarded the bid to for the designated areas described in and CONTRACTOR
authorized the
CITY officials to negotiate and enter into an agreement with
CONTRACTOR a render the work moreparticularly proper
above listed Contract Documents whichare tt hed here oeandnmathe
de
a part hereof.
ART- 2
SERVICES AND RESPONSIBILITIES
2 .1 CONTRACTOR hereby agrees to perform the services necessary
the Northwest Street Improvements, Phase II on CITY'S
more for
particularly described in the Property, as
Contract Documents attached
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hereto and by this reference made a �
the specifications part hereof, in accordance with
CONTRACTOR's attached hereto and made a part hereof and
response thereto
hereof. , attached hereto and made a
part
2.2 CONTRACTOR agrees to do everything required by this Agreement,
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the Sealed Bid Package "Provisions For
Improvements
Phase II" Northwest Street
Proposal form. and Commission award complete with
2.3 CONTRACTOR shall furnish all services, labor,
materials necessary and as may be re this Agreement equipment, and
except as otherwise Spec in the performance of
herein, and all work performed under s Agreemen
Y provided for
in a professional manner. this Agreement shall be done
2.4 CONTRACTOR hereby represents to CITY, with full knowledge that
CITY is relying upon these representations when entering into this
experience and manpower to the CONTRACTOR Perform the services to be expertise,
Pursuant to the terms of this Agreement. Provided by
2.5 CONTRACTOR hereby represents to CITY that CONTRACTOR
Properly licensed by the applicable federal
agencies to is
Provide the services under state' and local
CONTRACTOR's license is revoked, suspended this
reason bterminated
Agreement. If
y any governmental agency, CONTRACTOR shall motif d for any
immediately.
y the CITY
2. 6 CONTRACTOR hereby agrees
under to conduct all work and services
this Agreement in accordance with all the applicable federal,
state, and local laws or regulations. A violation of any federal,
state, or local law or regulation may be cause for breach
allowing
the CITY to terminate this Agreement.
2.7 CONTRACTOR shall guarantee the complete project against
workmanship and faulty materials for a period of twelve (12) m poor
nths
payment shall
after finalimmediately
may
Cit appear during this period p n n tificatoncorrec b any defects which
y s Engineer. y the City or the
ARTICLE 3
PROTECTION OF-;g PROPERTY
At all times during the performance
CONTRACTOR shall protect the CITY' s Of this Contract, the
property from all damage
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whatsoever on account of CONTRACTOR' s performance carried on under this Contract. of improvements
ARTICLE 4
TERMS AND CONDITION
4.1 CONTRACTOR shall perform the improvements to the CITY Property
as identified in the Contract Documents attached hereto and made a
part hereof, commencing on October 25, 1999 and completing said
improvements no later than ninety (90) days after the notice to
Proceed.
4.2 This Agreement may be terminated by either party for cause,
upon thirty (30) days written notice by the CITY to CONTRACTOR, in
which event the CONTRACTOR shall be paid its compensation for the
improvements completed by the termination date. In the event that
the CONTRACTOR abandons this Agreement or causes it to be
terminated, he shall indemnify the CITY against any loss pertaining
to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies,
surveys and reports prepared by CONTRACTOR shall become the
Property Of CITY and shall be delivered by CONTRACTOR to CITY.
ARTICLE 5
COMPENSATION AND METHOD OF PAYMENT
5. 1 CITY agrees to compensate CONTRACTOR for all the improvements
and landscaping completed by CONTRACTOR pursuant to the provisions
of this Agreement:
SCHEDULE OF PRICES
ITEM 1 For mobilization & demobilization of all equipment& personnel including pre-construction and post-
construction video taping, Bond, insurance,
construction sign, and permit fees, and record
drawings:
$5,0�00
ITEM 2 For maintenance of traffic and shall include signs,
barricades, lath and flagging, and traffic cones as
required.
ITEM 3 For concrete sidewalk installed and in
verified by the Engineer: Place and
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ITEM 4 For concrete sidewalk to 3be 630
removed as field
measured and verified before removal:
$4,875
ITEM 5 For concrete driveway
measured and verified by therEngneers in ace as field
$41,1�50
ITEM 6 For the actual n
and includes soil preparationer of sandawatering:nted at site
$26,250
ITEM 7 For the actual Sy of sod in place as field
measured and verified by the Engineer, and
includes soil preparation and watering:
$2,000
ITEM 8 For all work not generally covered under other pay
items and project cleanup in accordance with the
Plans and specifications:
$2,000 \
ITEM 9 For a p yment of testing lab services, field and lab
work, for concrete cylinders and other materials
incorporated into the work of the project:
$2,200
ITEM 10 For all work required relocating poles as
determined by F
N/A
ITEM 11 Alternate A
height: - For Russian Olive Trees 10 ft.
$195/ea
Alternate B - For Live Oak Trees, 10 foot height:
$185/ea
a• Measurement shall be for actual number of
trees installed at this site.
b• Payment shall be at the unit price bid for
this pay item.
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Note: Alternates are not to be included in base
contract amount of $121, 603.50.
The total compensation amount may not be exceeded without a written
amendment to this Agreement.
5.2 Method of Billin and Pa ent.
5.2.1 The CONTRACTOR may requisition payments for work
completed during the project at monthly intervals. The CONTRACTOR'S
requisition shall show a complete breakdown of the project
components, the quantities completed and the amount due, together
with such supporting evidence as may be required by the ENGINEER
for approval. Ten percent (10%) of all monies earned by the
CONTRACTOR shall be retained by the City until the project is
totally completed as specified and accepted.
5.2.2 Payment will be made to CONTRACTOR at:
UNITED UNDERGROUND CONTRACTOR CORPORATION
600 NORTH 71 AVENUE
HOLLYWOOD, FL 33024
5.2.3 The making and acceptance of the final payment shall
constitute a waiver of all claims by the CITY other than
arising from unsettled liens, those
from faulty work appearing within
twelve (12) months after final payment, or from requirements of the
specifications. It shall also constitute a waiver of all claims by
the CONTRACTOR, except those previously made and still unsettled.
ARTICLE 6
CHANGES IN SCOPE W. OF WORK
6.1 CITY or CONTRACTOR may request changes that would increase,
decrease, or otherwise modify the work, as described in the
Contract Documents, to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will
affect the compensation accordingly. Such changes must be
contained in a written amendment, executed by the parties hereto,
With the same formality as this Agreement, prior to any deviation
from the terms of this Agreement, including the initiation o£ any
additional or extra work.
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6.2 In no event will the CONTRACTOR be compensated by any work
which has not been described in a separate written agreement
executed by the parties hereto.
ARTICLE 7
INDEMNIFICATION
7.1 The CONTRACTOR agrees to release the CITY from and against any
and all liability and responsibility in mentioned matters . The CONTRACTOR furt connection with the above
her agrees not to sue or
seek any money or damages from CITY in connection with the above
mentioned matters.
7.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY,
its trustees, 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,
reasonable attorneys' fees, expenses,
liabilities, damages, orders,
judgments, or decrees, sustained by the CITY or any third party
arising out of, or by reason of, or resulting from the CONTRACTOR's
negligent acts, errors, or omissions.
ARTICLE 8
INSURANCE
8.1 The CONTRACTOR shall not commence work under this contract
until he has obtained all insurance required under this paragraph,
and such insurance has been approved by the Risk Manager of the
CITY, nor shall the CONTRACTOR allow any Subcontractor to commence
work on any sub-contract until all similar such insurance required
Of the subcontractor has been obtained and approved.
8.2 Certificates of insurance, reflecting evidence of the required
insurance, shall be filed with the Risk Manager prior to the
commencement of the work. These Certificates shall contain a
Provision that coverages afforded under these policies will not be
canceled until at least thirty days (30) prior written notice has
been given to the CITY. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida.
8.3 Financial Ratings must be no less than "A" in the latest
edition of the "BEST' S KEY RATING GUIDE"Guide. published by A.M. Best
8.4 Insurance shall be in force until all work required to be
Performed under the terms of the Contract is satisfactorily
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completed as evidenced by the formal acceptance by the CITY. In
the event the insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this
contract, then in that event, the CONTRACTOR shall furnish, at
least thirty (30) days prior to the expiration of the date of such
insurance, a renewed certificate of insurance as proof that equal
and like coverage for the balance of the period of the contract and
any extension thereunder is in effect. The CONTRACTOR shall not
continue to work pursuant to this contract unless all required
insurance remains in full force and effect.
8 .5 REQUIRED INSURANCE.
8.5.1 Comprehensive General Liability insurance shall cover
liability, bodily injury, and property damage. Exposures to be
covered are: premises, operations, products/completed operations,
and certain contracts. Coverage must be written on an occurrence
basis, with the following limits of liability:
8.5.1. 1 Bodily Injury
8 .5. 1. 1.1 Each Occurrence $1,000,000 \
8.5.1. 1.2 Annual Aggregate 1,000,000
8.5.1.2 Property Damage
8.5.1.2 .1 Each Occurrence 1,000,000
8 .5.1.2.2 Annual Aggregate 1,000,000
8.5.1.3 Personal Injury
Annual Aggregate 1,000,000
8.5.1.4 Completed Operations and Products
Liability shall be maintained for two (2)
years after final payment.
8.5.1.5 Property Damage Liability Insurance shall
include Coverage for the following
hazards: X-explosion, C-collapse, U-underground.
8.5.2 Workers' Compensation insurance shall be maintained
during the life of this contract to comply with statutory limits
for all employees, and in the case any work is sublet, the
CONTRACTOR shall require any Subcontractors similarly to provide
Workers' Compensation Insurance for all the latter' s employees
unless such employees are covered by the protection afforded by the
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CONTRACTOR. The CONTRACTOR and his subcontractors shall maintain
during the life of this policy Employers Liability Insurance. The
following limits must be maintained:
8.5.2 . 1 Workers' Compensation Statutory
8.5.2 .2 Employer' s Liability $500,000
Each Occurrence
8 .5.3 Comprehensive Auto Liability.
8.5. 3.1 Bodily Injury
8.5.3. 1 .1 Each Occurrence 1,000,000
8 .5.3.1.2 Annual Aggregate 1,000,000
8 .5.3.2 Property Damage
8.5.3.2.1 Each Occurrence 1,000,000
8.5.3.2.2 Annual Aggregate 1,000,000
Coverage shall include owned, hired and non-owned vehicles.
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 this contract
and name the CITY as an additional insured under their policy.
The CITY reserves the right to require any other insurance
coverage it deems necessary depending upon the exposures.
.ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer
relationship between the parties. It is the intent of the parties
that the contractor under this Agreement is not the CITY' s employee
for all purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum 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 Workers' Compensation Act, 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. Provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those
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of CONTRACTOR, which policies of CONTRACTOR shall not conflict with
CITY, H.U.D. , or United States policies, 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 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 between the CONTRACTOR and the CITY and the
CITY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime
premiums.
ARTICLE 10
CONSTRUCTION PERFORMANCE BOND
10.1 At the time of the execution of this Agreement, CONTRACTOR
shall furnish a Construction Performance Bond in the amount of 100%
of bid which will be considered Bond Coverage for the City. The
Performance Bond shall guarantee to the CITY the Completion and
performance of the work covered in the Agreement. The performance
Bond shall at all times be valid and in force to cover the work
being performed. The Performance Bond shall be executed by a
Surety Company approved by the U.S . Treasury Department, licensed
to do business in the State of Florida, and having a registered
agent in Broward County.
10.2 The CONTRACTOR agrees to keep such Bonds, or a replacement
thereof, in force at all times during the course of performance of
this Agreement. In addition to the foregoing requirements, such
Bond shall contain provisions, whether by attaching endorsements or
supplemental agreements, guaranteeing to the CITY the completion of
services of the performance of this Agreement. CONTRACTOR may
comply with the requirements of this provision by causing said Bond
to specifically name the CITY OF DANIA BEACH as one of the parties
to whom the protection afforded by said Bond is extended or as an
alternative, may furnish the CITY with a separate Performance Bond
meeting the same criteria provided above.
ARTICLE 11
DEFAULT OF CONTRACT & REMEDIES
11.1 Liquidated Damages .
It is mutually agreed between the parties hereto that time is
of the essence of this Agreement, and in the event construction of
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the work is not completed within the time herein specified, it is
agreed that from the compensation otherwise to be paid to the
CONTRACTOR, the CITY may retain the sum of Five Hundred ($500 . 00)
Dollars per day for each day thereafter, Sundays and Holidays
included, that the work remains uncompleted and the CITY is denied
full Beneficial Occupancy of the work, which sum shall represent
the actual damages which the CITY will have sustained per day by
failure of the CONTRACTOR to complete the work within the time
stipulated, and this sum is not a penalty, being the liquidated
damages the CITY will have sustained in the event of such default
by the CONTRACTOR.
11.2 Remedies in Default. In case of default by CONTRACTOR,
the CITY ENGINEER shall notify the CONTRACTOR, in writing, of such
abandonment, delay, refusal, failure, neglect, or default and
direct him to comply with all provisions of the Agreement. A copy
of such written notice shall be mailed to the Surety on the
Performance bond ("Surety") . If the abandonment, delay, refusal,
failure, or neglect is not cured within seven (7) days of when
notice was sent by CITY, CITY may declare a default of the
Agreement and notify the CONTRACTOR and the Surety of such
declaration of default and terminate the Agreement.
The Surety on the Performance Bond shall within ten (10) days
of such declaration of default rectify or cause to be rectified any
mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform the work under the
Agreement at its own cost and expense.
11.2. 1 Upon such declaration of default, all payments
remaining due the CONTRACTOR at the time of default, less all sums
due the CITY for damages suffered, or expenses incurred by reason
of default, shall be due and payable to the Surety. Thereafter the
Surety shall receive monthly payments equal to those that would
have been paid the CONTRACTOR had the CONTRACTOR continued to
perform the work under the Agreement.
11.2.2 If such Surety fails to perform, the CITY may complete
the Contract, or any part thereof, either by day labor or re-
letting a Contract for the same, and procure the equipment and the
facilities necessary for the completion of the Contract, and charge
the cost of same to the CONTRACTOR and/or the Surety together with
the costs incident thereto to such default.
11.2.3 In the event the CITY completes the Contract at a
lesser cost than would have been payable to the CONTRACTOR under
this agreement, if the same had been fulfilled by said CONTRACTOR,
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CITY shall retain such differences. Should such cost to the CITY
be greater, the CONTRACTOR and/or the Surety shall pay the amount
of such excess to the CITY.
ARTICLE 12
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
petition is filed.
ARTICLE 13
DISPUTE RESOLUTION
13.1 Arbitration. In addition to any other remedy provided
hereunder, the CITY, at its option, may use arbitration to resolve
any controversy or claim arising out of or relating to this
Contract if arbitration is elected by the CITY. Any controversy or
claim arising out of or relating to this Contract, or breach
thereof, may be settled by arbitration in accordance with the rules
of the American Arbitration Association and judgment upon the award
rendered by the arbitrators may be entered into by any court giving
jurisdiction thereof. In the event arbitration is elected by the
CITY, such controversy or claim shall be submitted to one
arbitrator selected from the National Panel of The American
Arbitration Association.
13.2 Operations During Dispute.
13.2 . 1 In the event that a dispute, if any, arises between the
CITY and the CONTRACTOR relating to this agreement, performance or
compensation hereunder, the CONTRACTOR shall continue to render
service in full compliance with all terms and conditions of this
agreement as interpreted by the CITY regardless of such dispute.
13.2.2 The CONTRACTOR expressly recognizes the paramount right and
duty of the CITY to provide adequate maintenance of the CITY's
Property, and further agrees, in consideration for the execution of
this Agreement, that in the event of such a dispute, if any, it
will not seek injunctive relief in any court, but will negotiate
with the CITY for an adjustment on the matter or matters in dispute
and, upon failure of said negotiations to resolve the dispute, may
present the matter to a court of competent jurisdiction in an
appropriate suit therefore instituted by it or by the CITY.
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13.2 .3 Notwithstanding the other provisions in this Section, the
CITY reserves the right to terminate the Agreement at any time,
whenever the service provided by the CONTRACTOR fails to meet
reasonable standards of the trade after the CITY gives written
notice to the CONTRACTOR of the deficiencies as set forth in the
written notice within fourteen (14) days of the receipt by the
CONTRACTOR of such notice from the CITY.
ARTICLE 14
MISCELLANEOUS
14.1 Ownership of Documents. Reports, surveys, studies, and other
data provided in connection with this Agreement are and shall
remain the property of CITY, whether or not the project for which
they are made is completed.
14.2 Legal Representation. It is acknowledged that each party to
this agreement had the opportunity to be represented by counsel in
the preparation of this Agreement, and accordingly, the rule that a
contract shall be interpreted strictly against the party preparing
same shall not apply herein due to the Joint contributions of both
parties.
14.3 Records. CONTRACTOR shall keep such records and accounts and
require any and all subcontractors to keep records and accounts as
may be necessary in order to record complete and correct entries as
to personnel hours charged to this engagement, and any expenses for
which CONTRACTOR expects to be reimbursed. Such books and records
will be available at all reasonable times for examination and audit
by CITY and shall be kept for a period of three (3) years after the
completion of all work to be performed pursuant to this Agreement.
Incomplete or incorrect entries in such books and records will be
grounds for disallowance by CITY of any fees or expenses based upon
such entries.
14.4 Assignments and Amendments. This Agreement, and any
interests herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by CONTRACTOR without the
Prior written consent of CITY. For purposes of this Agreement, any
change of ownership of CONTRACTOR shall constitute an assignment
which requires CITY approval. However, this Agreement shall run to
the CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration
in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same
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formality and of equal dignity herewith.
14.5 No Contingent Fees . 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 CONTRACTOR any fee, commission,
percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the
breach or violation of this provision, the CITY shall have the
right to terminate the Agreement without liability at its
discretion, to deduct from the contract price, or otherwise recover
the full amount of such fee, commission, percentage, gift or
consideration.
14. 6 Notice. Whenever any party desires to give notice unto any
other party, it must be given by written notice, sent by certified
United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the
places last specified, and the places for giving of notice shall
remain such until they shall have been changed by written notice in
compliance with the provisions of this section. For the present,
the CONTRACTOR and the CITY designate the following as the
respective places for giving of notice:
City Jason Nunemaker
Assistant to the City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania, Florida 33004
Copy to: Thomas Ansbro, City Attorney
Brinkley, McNerney, Morgan, Solomon and Tatum, L.L.P.
200 East Las Olas Blvd. Eighteenth Floor
Fort Lauderdale, FL 33001-2209
Contractor: Miguel A. Carbaccia
United Underground Contractor Corp.
600 North 71 Avenue
Hollywood, FL 33024
14. 7 Binding Authoritv. Each person signing this Agreement on
behalf of either party individually warrants that he or she has
full legal power to execute this Agreement on behalf of the party
for whom he or she is signing, and to bind and obligate such party
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with respect to all provisions contained in this Agreement.
14 . 8 Heading. Headings herein are for the convenience of
reference only and shall not be considered in any interpretation of
this Agreement.
14 .9 Exhibits. Each Exhibit referred to in this Agreement forms an
essential part of this Agreement. The exhibits if not physically
attached should be treated as part of this Agreement and are
incorporated herein by reference.
14 . 10 Severability. If any provision of this Agreement or
application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of this Agreement,
and the application of such provisions to persons or situations
other than those as to which it shall have been held invalid or
unenforceable, shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent
permitted by law.
14.11 Governing Law. This Agreement shall be governed by the laws
of the State of Florida with venue lying in Broward County,
Florida.
14 . 12 Extent of Agreement. This Agreement represents the entire
and integrated agreement between the CITY and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements,
either written or oral.
14.13 Waiver. Failure of the CITY in insist upon strict
performance of any provision or condition of this Agreement, or to
execute any right therein contained, shall not be constructed as a
waiver or relinquishment for the future of any such provision,
condition, or right, but the same shall remain in full force and
effect.
14.14 Disputes. Any claim, objection, or dispute arising out of
the terms of this Agreement shall be litigated in the Seventeenth
Judicial Circuit Court in and for Broward County.
14.15 Attorneys' Fees. In the event that either party brings suit
for enforcement of this Agreement, the prevailing party shall be
entitled to attorney' s fees and court costs in addition to any
Other remedy afforded by law.
14. 16 Protection of City Property. At all times during the
Performance of this Contract, the CONTRACTOR shall protect the
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CITY' s property from all damage whatsoever on account of the work
being carried on under this contract.
i IN WITNESS OF THE FOREGOING, the parties have set their hands
and seals on the day and year first written above.
ATTEST: CITY OF DANIA BEACH, FLORIDA,
a municipal corporation
BY:
SHERYL CHAPMAN JOHN BERTINO, MAYOR
ACTING CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS: BY:
MICHAEL W.SMITH
CITY MANAGER
THOMAS ANSBRO, CITY ATTORNEY
UNITED UNDERGROUND CONTRACTOR CORP.
BY:
MIGUEL A. CARBACCIA
PRESIDENT
STATE OF FLORIDA)
COUNT OF BROWARD)
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgments, personally appeared MIGUEL A.
CARBACCIA as President of UNITED UNDERGROUND CONTRACTOR
CORPORATION, a Florida corporation and acknowledged execution of
the foregoing Agreement as the proper official of said corporation,
for the use and purposes mentioned in it and affixed the official
seal of the corporation, and that the instrument is the act and
deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official
seal at in the State and County aforesaid on this day of
OCTOBER, 1999.
Notary Public
My Commission Expires:
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