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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-061Temp. Reso. #8932 — February 25, 2000 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- o// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CERTAIN STREETS FOR MILLING, RESURFACING AND MEDIAN IMPROVEMENT AS PART OF PHASE II-B OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PAN AMERICAN CONSTRUCTION- A DIVISION OF APAC - FLORIDA INC. IN AN AMOUNT NOT TO EXCEED $2,108,897.58; AMENDING THE ANNUAL BUDGET OF ESTIMATED REVENUES AND EXPENDITURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved the Seven Year Comprehensive Street Improvement Program through Resolution No. R97- 247; and WHEREAS, Phase I, awarded through Resolution No. R-98-344, was completed in July 1999, and Phase II -A, awarded through Resolution No. R-99-277, is in progress; and WHEREAS, This Project identified as Phase II-B, includes milling, resurfacing and median improvements to approximately 4 miles of city streets. Such streets and improvements are identified in "Exhibit 1-A" in the tabulation form and "Exhibit 1-B" on the City of Tamarac map; and WHEREAS, the City of Tamarac publicly advertised Bid #00-0813 for milling, resurfacing and median improvements under Phase II-B in the Sun -Sentinel on January 161" and 23rd, 2000; and WHEREAS, on February 23, 2000, the following four (4) bids were opened and I Temp. Reso. #8932 — February 25, 2000 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing WHEREAS clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The list of streets under Phase II-B, identified in Exhibits 1-A and 1-B, is HEREBY APPROVED. SECTION 3: The appropriate City Officials are HEREBY AUTHORIZED to execute an agreement with Pan American Construction- A Division of APAC - Florida Inc to mill, resurface and improve the medians of streets under Phase II-B, a copy of said agreement being hereto attached as "Exhibit 2". SECTION 4: The City Manager or his designee is HEREBY AUTHORIZED to close the bid award including but not limited to making final payment and releasing bonds when the work has been satisfactorily completed within the terms and conditions of the contract. SECTION 5: The budget of the City of Tamarac is hereby amended in the amount of $1,211,768 and all necessary budgetary transfers of funds are hereby approved. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are HEREBY REPEALED to the extent of such conflict. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 8: This Resolution shall become effective immediately upon its reviewed to determine cost and responsiveness to the City's specifications: I I Bidder Cost $ Weekley Asphalt Paving, Inc 2,243,317.19 Harddrives, Inc. 2,239,308.31 Community Asphalt Corp. 2,187,932.89 Pan American Construction- A Division of APAC - Florida Inc 2,108,896.58 ; and WHEREAS, Pan American Construction -A Division of APAC - Florida Inc. submitted the lowest responsive bid proposal at $2,108,896.58; and WHEREAS, available funds exist in the Road Resurfacing Program budget for said purpose; and WHEREAS, it is the recommendation of the Public Works Director, Purchasing/Contracts Manager and Acting City Engineer that the City award the milling, resurfacing, and median improvement contract, identified as Phase II-B, to Pan American Construction- A Division of APAC - Florida Inc; and WHEREAS, the City Manager has recommended these amendments to the Fiscal Year 2000 budget to properly account for all budgetary actions related to the Street Improvement Project, 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 the Phase 11- B contract to Pan American Construction- A Division of APAC - Florida Inc in an amount not to exceed $2,108,896.58. Temp. Reso. #8932 — February 25, 2000 Page 1 J 1 1 passage and adoption. PASSED, ADOPTED AND APPROVED this 8th day of March 2000. ATTEST: CAROL GOLD, C/AAE CITY CLERK I HERE$Y,CERTIFY that I 1 ITCHELL S. CITY ATTORI ♦�— I�. 11: •: RECORD OF COMMISSION MAYOR_, SCHREIBER DIST 1: COMM. PORTNER i DIST 2: V/M MISHKIN DIST 3; COMM. SULTAN_OF� DIST 4: COMM, ROBERTS i 0 AGREEMENT THIS AGREEMENT is entered into on March 8, 2000, between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 (hereinafter "City") and, Pan American Construction, A Division of APAC-Florida, Inc., a Florida corporation with principal offices located at 7600 N.W. 691h Avenue, Medley, FL 33166, (hereinafter "Contractor). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that it has carefully examined the Bid Specifications and all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. The • CONTRACTOR agrees to comply with the requirements of the specifications contained in the Request for Bid. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the proposal price of Two Million, One Hundred Eight Thousand, Eight Hundred Ninety Six Dollars and 58/100 ($2,108,896.58), includes all costs and expenses and is the total compensation required to be paid by the CITY for the satisfactory completion of the contract requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: C7 AGREE-1 • CONTRACT DOCUMENTS Invitation to Bid, General Terms and Conditions, Special Provisions Proposal Forms, Bid Forms, Bid Bond, Performance & Payment Bonds, Non -Collusive Affidavit Bidder's Qualification Statement & References Certification Technical Specifications Plans/Drawings Addenda numbers One to Three , inclusive, and Any Modifications, including Change Orders, duly delivered after execution of this Agreement. If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: (1) The Agreement (2) Any Addenda (3) Plans/Drawings (4) The Special Provisions; (5) The Technical Specifications; (4) The Instructions to Bidders and General Terms and Conditions; 4. This project shall be completed within 240 days after receipt of the Notice to Proceed letter. 5. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 0 AGREE-2 • With a copy to the City Attorney at the same address. CONTRACTOR B. Morton Myrick Pan American Construction A Division of APAC-Florida, Inc. 7600 NW 69th Avenue Medley, FL 33166 (305) 863-9007 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 7. CONTRACTOR represents and warrants that the computer system used to carry out the obligations set forth in this Agreement ("the System"), and all interfaces to the System, • including, but not limited to, interfaces with other systems and data entry interface for the • System, are Year 2000 compliant. Year 2000 compliant means information technology that accurately processes date/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries and the years 1999 and 2000 and beyond including leap year calculations. Year 2000 compliant also means that the Year 2000 compliant information technology, when used in combination with other information technology, shall accurately process date/time data when other information technology exchanges date/time data with it. This warranty shall survive the expiration or termination of this Agreement. AGREE-3 8. CONTRACTOR agrees to indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) including but not limited to, loss of life, bodily or personal injury, or property damage, and loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the failure of CONTRACTOR's System to be Year 2000 compliant. 9. CONTRACTOR and its employees, volunteers and agents shall be and remain independent CONTRACTORS and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 10. The CITY and the CONTRACTOR each binds themselves, their partners, • successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 12. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. C] AGREE-4 �J IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. Carol Gold, AM�qMC Ci lerk Appr v as t or Mitchell S. Kraft City Attorney TT � (Print or Type Name) (Print or Type Name) (Corporate Seal) CITY OF TAMARAC, FLORIDA By e Schreiber, Mayor Jeffr4t M11fier City Manager PAN AMERICA NSTR ON A DIVISI N A RID �C. By: ' B. Morton Myrick -_ `>D �iari )r1 j1 e (Print or Type Name and Title) 0 AGREE-5 0 CORPORATE ACKNOWLEDGEMENT STATE OF on COUNTY OF C] The foregoing instrument was acknowledged before me this �D day of Ir C,I J 20 0 U by � • �� ILi o (name of Pan ConSfteclon officer or agent, title of officer or agent) of (name of corporation acknowledging), a 1, L'-)c r (state or place of incorporation) corporation, on behalf of the corporation. He�rSonall r� known to me (type of identification) as identification and did (didnot) ake an oath. .A G 6nature of Notary Public — State of Florida ( 9 Print, Type or Stamp Name Public 0 AGREE-6 EACa,LE C. SIB MY COMMISSION / CC 59M EXPIRES: Member 17. 20M wed4mumoury Publo undgwro" 10LOWMAXOMEWWWOMIQ ME1 1 1 Power of Attorney executed by APAC-Florida, Inc., (the "Company"), relative to its operations. KNOW ALL MEN BY THESE PRESENTS. That, pursuant to the authority granted in resolutions adopted by its Board of directors on October 2, 1981, the Company, acting by and through its duly elected and qualified President, David A. Donofrio, does hereby authorize the following trade names and grants the following authority to the persons herein designated, subject to the limitations herein set forth, as follows: The following terms shall have the indicated meanings in this Power of Attorney. The Company shall mean APAC-Florida, Inc., a Delaware Corporation which includes the business operations of the Company conducted under and by, and the assets and properties of the Company managed by, the various units and divisions whose trade names are hereinafter generally described. CONTRACT DOCUMENTSS shall mean any and all bids, proposals, agreements, instruments, contracts, bonds, releases, satisfactions, labor and payroll affidavits and reports, periodic and final estimates, consents to the releases of retained percentages and the payment of final estimates, and all other documents, writings, consents or reports necessary or requisite to the implementation of any of the foregoing documents herein defined shall be related to, connected with or arise out of the regular and ordinary business activities of the Company. OFFICERS shall mean persons from time -to -time designated by the Company as such officers of the Company. ASSISTANTAUTHORIZED—EMELQYEES AND shall mean persons from time -to - time designated as such by the Company, or by any two Officers as hereinafter set forth. B. AUTHORIZ„E12:[R„A.D.,E NAMES The activities and operations of the Company may be carried on in any of the following manners or styles as may from time -to -time be deemed necessary or appropriate: (1) Sarasota Division; APAC-Florida, Inc. (2) Macasphalt Division; APAC-Florida, Inc. (3) E.M. Chadbourne Division; APAC-Florida. Inc. (4) North Florida Division; APAC-Florida, Inc. (5) Tampa Division: APAC-Florida. Inc. (6) Pan-American Division; APAC-Florida, Inc. (7) (8) J.B. Coxwell Division: APAC-Florida, Inc. Nliami Crushed Rock; APAC-Florida. Inc. • • Is The following persons are hereby designated OFFICERS of the Company, and are hereby made, constituted and appointed the true and lawful attorneys of the Company, for the purposes and subject to the limitations hereinafter set forth, to act in its name, place and stead in the matters hereinafter mentioned: NAME David A. Donofrio R. Lewis Tillery Michael D. Manning Frank E. Gore, Jr. David W. Hay Pamela M. Jones Tunstall B. Perry Wesley U. Tanner Steven C. Ayers Bryan V. Peacock Stephen M. Ross Don Frier Robert Delisle OFFICE President Sr. Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Vice President/Asst. Secretary Secretary/Asst. Treasurer Asst. Secretary/Asst, Treasurer Asst. Secretary/Asst. Treasurer The following persons are hereby designated AUTHORIZED EMPLOYEES of the Company, and all are hereby made, constituted and appointed the true and lawful attorneys of the Company, for the purposes and subject to the limitation hereinafter set forth, to act in its name, place and stead in the said state or states set after his or her name below: Raymond K. Curtis Florida David A. Donofrio Florida Frank E. Gore, Jr. Florida David W. Hay Florida Pamela M. Jones Florida Mark S. Marine Florida Bryan V. Peacock Florida, Alabama Geoff M. Scales Florida Wesley U, Tanner Florida R. Lewis Tillery Florida Michael D. Manning Florida. Alabama Tunstall B. Perry Florida, Alabama Steven C. Ayers Florida Robert Delisle Florida Kevin Hicks Florida Denis Roza Florida Roger L. Sollie Florida Lucious F. Rollins Florida Charles T. Davis Florida Donald M. Fife Florida Patrick B. McKnight Florida John D. Parker Florida B. Morton Myrick Florida Andres Obrador Florida J. David Coxwell Florida Patrick J. Knapp Florida Thomas S. Kayser ,Florida V. Wayne Williford Florida William C. Shelor III Florida Any and all Contract Documents of the Company, which may be signed or executed pursuant to the powers of attorney herein granted to the Officers and Authorized Employees hereinbefore named, may be attested on behalf of the Company, and the Company's corporate seal may be affixed thereto. by any one of the following named persons, each of whom is hereby designated an ASSISTANT SECRETARY of the Company, only in the said state or states set after his or her name for the limited purposes stated herein: Donald J. Carter John V. Connolly Raymond K. Curtis Frank E. Gore David W. Hay G. Michael Johnson Pamela M. Jones Mark S. Marine Angelia L. McElroy Thomas D. McPhail Michael Nichols Bryan V. Peacock Geoff M. Scales David Sies James H. Stern Wesley U. Tanner R. Lewis Tillery Stephen M. Ross Michael D. Manning Tunstall B. Perry Steven C. Ayers Robert W. Ketron, Jr. Tim J. McLaughlin Robert D. King Jon Wyman Dan Mathews Charlie LaFoe Tim Huff Andy Walker Al Mulvey Lynn Thorpe Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida, Alabama Florida Florida Florida Florida Florida Florida Florida, Alabama Florida, Alabama Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Florida Dennis R. Breuer Florida Eva D. Sas Florida Donna L. Rose Florida Maria V. Casares Florida Ercelle C. Simpson Florida Scott Holcomb Florida Douglas Conley Florida Kchael G. Bailey Florida Each of the Officers hereinbefore named is hereby given and granted the right, power, and authority to sign, execute and deliver on behalf of the Company any and all Contract Documents, and each of said attorneys on behalf of the Company may do all other acts and things requisite or necessary in respect of the signing, execution or delivery thereof; and all that its said attorneys, and each of them, shall lawfully do or cause to be done by virtue of the authority and power herein granted is hereby ratified and confirmed by the Company. .•: W4 r u• • Each Authorized Employee hereinbefore named is hereby given and granted the right, power and authority to sign, execute and deliver on behalf of the Company and any all Contract Documents relative to the offering to perform or the performance of work anywhere within the state or states opposite his or her name as aforesaid, and said attorneys on behalf of the Company may do all other acts and things requisite or necessary in respect of the signing, execution or delivery thereof; and all that its said attorneys, and each of them, shall lawfully do or cause to be done by virtue of the authority herein granted is hereby ratified and confirmed by the Company. Any two of the aforesaid Officers, acting together, may in the ordinary and regular course of business execute any and all documents affecting the title to or possession of any property having fair cash value of less than Two Hundred and Fifty Thousand Dollar (5250,000.00) and used, held, owned or standing in the name of the Company. Any two of the aforesaid officers, acting together, may from time -to -time grant further powers of attorney designating any person or persons, in the employ of the Company, as an Authorized Employee or Assistant Secretary; and may at any time, withdraw from any Authorized Employee or Assistant Secretary the designated as such, with or without cause, and such person shall thereafter no longer have the authority of an Authorized Employee or Assistant Secretary under this instrument. Said Officers may also. in connection with the granting or withdrawing of the designation of Authorized Employee or Assistant Secretary, from time -to -time add to the lists of Authorized Employees and Assistant Secretaries on this instrument the names of those employees granted such designation. and delete from such list the names of those whose designation has been withdrawn. V. ADDITIONAL I.IMITF.D POWFRS OF ATTnRNFY Any two Officers, acting together, are hereby made, constituted and appointed the true and lawful attorneys of the Company for the purpose of granting further powers of attorney authorizing any person or persons in the employ of the Company to execute Contract Documents on behalf of the Company; provided, however. that such further power of attorney shall set forth (i) the state or states within which such attorney is authorized to contract, and (ii) the total maximum value of any Contract Document such attorney is authorized to execute, which shall not exceed $100,000 for any single Contract Document. F. 13jND_ING -EFFECT Any and all of the aforesaid Contract Documents and all other documents styled, executed and attested pursuant to the authority hereinabove granted shall be valid, lawful and binding upon the Company in accordance with the terms and conditions of the document or documents so executed and attested. Provided, however that nothing herein contained shall authorize any person authorized to act hereunder to underwrite. warrant, endorse, or guarantee the debt, performance, obligation or any other undertaking of any kind of description of any third party or parties. The Power of Attorney and authority hereby granted and confirmed upon the said Officers, Authorized Employees and Assistant Secretaries shall continue in full force and effect through December 31, 2000. In TESTIMONY WHEREOF, the Company has caused this instrument to be executed by its • President and attested to by its Secretary/Treasurer, and its Corporate Seal to be hereto affixed, this :!jta_ day of EgtK& .ajrta 2000. ATTEST: la- e zz X Q" '. - 7��' D.A. Donofrio, President Stephen V Ross, Secretary/ Asst. Treasurer (Corporate Seal) State of Florida SS: County of Sarasota Be it remembered that 1, Terry L. Fort a Notary Public duly qualified, commissioned. sworn and acting in and for the county and state aforesaid, hereby certify that on this 3rd day of [b r , 1999, there personally appeared before me, D.A. Donofrio, President of the Company, and Stephen TA. Ross, Secretary /Asst. Treasurer and each personally known to me to be that person and designated officer of the Company who signed said instrument of behalf of said corporation, and being by me duly sworn , did acknowledge and say to me that they did so sign, seal and deliver said instrument in the name and on behalf of said corporation as such designated officers. that the same is the free and voluntary act and deed as such designated officers and the free and voluntary act and deed of said corporation for the consideration, uses and purposes therein mentioned; that they duly authorized thereunto by the Board of is Directors of such corporation; and that the seal affixed to said instrument is the corporate seal of such corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and official notarial seal in the City of Sarasota, Cou{ity of Sarasota, this %. c day of it 01 2000. Notary Pub (Notary Seal) My Commission Expires: Terry Fort ,.: ..� MY Ct1MMiSS10N N CC569399 EXPIRES BONED 711FM1 TRW FAIN IN6URAN0, INC, •