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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-015Temp. Reso. #12607 January 13, 2015 Page 1 of 5 Revision 1, January 27, 2015 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THAT THE CITY COMMISSION AWARDS BID NO. 15-03B TO TLC DIVERSIFIED INC., AND AUTHORIZES THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND TLC DIVERSIFIED INC., FOR AN AMOUNT OF $311,495 FOR THE FILTER MEDIA REPLACEMENT - PACKAGE FILTERS 1 AND 2 PROJECT LOCATED AT THE TAMARAC UTILITIES WATER TREATMENT PLANT SITE; A CONTINGENCY IN THE AMOUNT OF $50,000 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL AMOUNT OF $361,495; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Services Department Utilities Division of the City of Tamarac is responsible for the operation and maintenance of the water and wastewater utilities which requires the treatment and distribution of potable water in a safe, efficient and economical manner; and WHEREAS, to maintain the City's water consumption demands and to eliminate potential health hazards in the event of additional filter system disruptions at the Utilities Water Treatment Plant, the Filter Media Replacement - Package Filters 1 and 2 Project (hereinafter "Filters 1 and 2") is critical; and Temp. Reso. #12607 January 13, 201.5 Page 2of5 Revision 1, January 27, 2015 WHEREAS, $300,000 was budgeted as a Capital Improvement Project in FY 2017 to replace the filter media after an expected service life of 10 years; however, the failure of the support media in Filter #2 has rendered the filter unusable and shortened the service life from 10 years to 7 years; and WHEREAS, the replacement of the media in Filters 1 and 2 is necessary to maintain maximum water production capabilities, ensure efficient treatment plant operations and to maintain compliance with water quality standards; and WHEREAS, the City of Tamarac publicly advertised Bid No. 15-03B for the Filter Media Replacement - Package Filters 1 and 2 Project in the Sun -Sentinel on November 301 2014 and December 7, 2014 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the City solicited competitive bids and on January 8, 2015, received, opened and reviewed four (4) bids as follows: ; and COMPANY NAME TOTAL BID $ TLC Diversified, Inc. $3111495 R.J. Sullivan Corporation $3151000 Close Construction, LLC $319,010 Florida Design Contractors, Inc. $3901000 WHEREAS, TLC Diversified, Inc., was deemed the most responsive responsible bidder (a copy of said bid is attached hereto as "Exhibit A"); and WHEREAS, funding for this project in the amount $361,495 is available from Utilities Operational accounts; and Temp. Reso. #12607 January 13, 2015 Page 3 of 5 Revision 1, January 27, 2015 WHEREAS, it is the recommendation of the Director of Public Services and Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 15- 03B, Filter Media Replacement - Package Filters 1 and 2 Project to, and execute an agreement with TLC Diversified, Inc., for a contract cost of $311,495, and a contingency in the amount of $50,000 will be added to the Project Account, for a total project budget of $361,495 for this Filter Media Replacement - Package Filters 1 and 2 Project; and WHEREAS, the contingency amount of $50,000 is greater than the normal 10% to cover unforeseen costs for major steel repairs not currently visible below the filter media surface; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the award of Bid No. 15-03B, Filter Media Replacement - Package Filters 1 and 2 Project and to execute an agreement with TLC Diversified, Inc., for a contract cost of $311,495, and a contingency in the amount of $50,000 will be added to the project account, for a total project budget of $361,495. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION L The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. The exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The award of Bid No. 15-03B, Filter Media Replacement - Package Filters 1 and 2 Project to TLC Diversified, Inc., is hereby authorized. Temp. Reso. #12607 January 13, 2015 Page 4 of 5 Revision 1, January 27, 2015 SECTION I The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and TLC Diversified, Inc., (a copy of which is attached hereto as "Exhibit B") as part of said award. SECTION 4: An expenditure for a contract cost of $311,495 and a contingency in the amount of $50,000 for a total project budget of $361,495 is approved to be funded from the appropriate 2015 Utilities Operational accounts. SECTION 5: The City Manager, or his designee, is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000 per Section 6- 147 of the City Code, and close the contract award, which includes, but is not limited to, making final payment and releasing bonds per Section 6-149 of the City Code, when the work has been successfully completed within the terms, conditions and pricing of the agreement. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION L 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. Temp. Reso. #12607 January 13, 2015 Page 5of5 Revision 1, January 27, 2015 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �I day of 2015. HARRY DRESSLER ATTEST: PATRICIA TEUFE CITY CLERK . MC RECORD OF COMMISSION VOTE: MAYOR DRESSLER 114e DIST 1: VICE MAYOR BUSHNELL 441� DIST 2: COMM. GOMEZ 1*--a DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SANItJEL S�GORE CITY ATTORNEY "EXHIBIT A" TR #12607 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88"' AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 15-03B BID TITLE: FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 1 & 2 BID OPENING DATE/TIME: JANUARY 8, 2015 AT 2:00 PM, LOCAL TIME BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597.3570 BUYER EMAIL: Jimn@tamarac.org PRE -BID MEETING/SITE INSPECTION: THURSDAY, DECEMBER 18, 2014-10:30AM - RM 105 BONDING: 5% Bid Bond,100% Payment/Performance Bond Bid Cost: $25.00 (CD) GENERAL CONDITIONS These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard Instructions for a particular bid by indicating such change in the instructions to Bidders, Special Conditions or Special Provisions. Any and all Special Conditions, Special Provisions, Bid Specifications or applicable requirements that may vary from these general conditions shall prevail over any conflicting provision within any vendor's standard terms & conditions regardless of language in vendor's document to the contrary. Whereas conflict may e)dst within this entire Bid document, the more strict provision shall apply. SEALED BIDS This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: TLC Diversified, Inc. COMPANY ADDRESS: 2719 17th Street East Palmetto FL 34221 COMPANY PHONE: 561-478-2025 �.., NAME OF AUTHORIZED AGENT: Thurston Lamberson TITLE OF AUTHORIZED AGENT: President AUTHORIZED AGENT EMAIL ADDRESS: tiamberson a,ticdiversifed.com . BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER:.. 59-2513308 I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is In all respects fair and without collusion or fraud, I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. 2 City of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): TLC Diversified, Inc. Phone: 561-478-2025 Fax: 561-478-7159 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the General Terms & Conditions, Special Conditions and Special .p P Provisions. 2. [��Properly fill out the Bid Forms and the Schedule of Bid Prices. 3. Fill out and sign the Non -Collusive Affidavit and have it notarized. properly 4. ® Sign the Certification page. Failure to do so may result in our Bid being g deemed non -responsive. 5. Fill out the Bidder's Qualification Statement. 6. Fill out the References page. 7. [_X1 Sign the Vendor Drug Free Workplace Form. 8. © Fill out the List of Subcontractors. 9. include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. [X] Fill out and sign the Certified Resolution. 11. Q Include proof of insurance. 12. Include copy of State Certified or County Competency License(s ) 13. R Trench Safety Form Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 41 Cify of Tamarac Purchasing and Contracts Division BID FORM NO. 15•03B FILTER MEDIA REPLACEMENT -PACKAGE FILTERS 1 & 2 The City of Tamarac is hereby requesting Bids from qualified contractors for work which consists of the Contractor furnishing all labor, materials, tools, and equipment necessary, as indicated in the specifications herein and generally to include removal and disposal of existing filter media, removal and installation of new underdrain supports, internal and external surfaces abrasive blast cleaned in accordance with an SSPC SP7 Brush Clean Method and all areas of exposed steel or compromised paint will be blast cleaned in accordance with SSPC SP 10 near -white method and painted according to the specifications along with installation of new filter media in package filters 1 & 2. Disinfect the filters and place the filters in service. Construction also includes all appurtenances and other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses or any license that can meet, exceed and legally perform the scope of work as determined by state or county licensing agency State: Certified General Contractor, defined by F.S. 489.105 3a with at least five (5) years of verifiable full --time experience with a minimum of two (2) projects of similar size & scope in the past (7) years. County: Broward County Competency Engineering Contractor Class "A" license with five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar size & scope in the past (7) years. Occupational license must be in effect as required by Florida Statute §205.065. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 1 B, of the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. 42 Bid Forin & Schedule of Bid Prices SCH-9 bly. -of ramer,ac Purchasing and Contracts division. BID SCHEDULE BID No. 15-03B ITEM DESCRIPTION �ST# EXTENDED TOTAL TOTAL PRICE:(In words) Wil UNIT OTY, PRICE bite 011 .07 ,0,4 '00j*0 *.%4,00e> V UpbIlIzation/Pernobilizafion LS I AE&&-Oireik e5V $ <2(% 'Dollars ........ - ------- Cents 2. Package Filter # 1 LS I Filter Media Removal, 'Dollars Cents 3 Package- Filter.#1 LS .1 !!ew'—w Ot Surface. Preptin'ternal and External CDaVing/Metal Dollars Repairs Cents 4 Package Filter #1 LS I $ 91ter Media Replacement Dollars New Underdrain Supports Cohts 5 Package fliter #1 LS I fliter..M.Odia Replacement Dollars -1NFtL.c0 Re'. On -Site KI-45 Cents 6 Package Filter #2 LS I FilterWedle'Removal. Dollars. No 'Cents 7 Package Filter #2 LS T $ Surface Prep/ Interhal and External Coating/Metal Dollars Repairs r Cents 43 aid Form & Schedule of Bid Prices SCH-6 :City of Tamarac Purchasing and Contracts Division 8 Package. filter` 2 LS Filter Media .Replacement New Underdraln Supports 9 Package"Filter #2 Ls Filter Media Replacement INFILCO Rep. On -Site 10 Indemnffication LS Dollars Cents Dollars Centt f Ton Dollars No.Cents 1 0 W-A 00216� 450 OWN— Ar $ 10.00 There is -a 5% cap for ..Bid Item I (refer to Se C*tl*on I B)'. Any .amount above 5%, for gid . 46m I shall be add6d, to Bid 'Itern 2, as not to cbaoge the Udder's: total bid price. TOTAL BASE BID -ITEMS 1 through 10 (IN NUMBERS) TOTAL B,ASE BID. ITEMS I throUgh 10 (IN WORDS) TLC Diversified., Inc. NAME OF COMPANY 40 "je Dollars Cents ff 44 Bid Form & Schedule: of Bid Prices SCH-5 City of Tamarac ' Purchasing and Contracts Division B I D FORM (continued) BID No. 15-03B FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 9 & 2 Submitted by: TLC Diversified, Inc. THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88fh Avenue Tamarac, Florida 33321 Date Janu, ary 8, 2015 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form. 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 45 Bid Form & Schedule of Bid Prices SChr-5 0 I City. of Tamarac Purchasing anti.Contracts Division BID FORM (continued} BID NO. 15-03B FILTER MEDIA REPLACEMENT.- PACKAGE FILTERS %2 Theft -reserves the right to reject, any bid -if )t deems that a* vendor has delibe'rately prQvided -etrone bus information. The undersigned declare to have - spocific and . leg6l. authorization to.obfi ate their firm to terms: of this WE rthen that they have obligate and fu examined . the, Invitation - to Bid, the instructions to I Bidders, the Speciffic0ons', and -at* documents included" in this bid request,. and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill th 'e terms..of this bid together VithT all - gwarantees and. watranoes Cher etol, The.' "' d/or undersigned firm further certifies the an P equipmenmeets or ek"cee"'ds'. the. specific lon at.n as stated, in the bid package, and also, -a' t oroducts and/or eq groes at h ul.pmentlo be delivered which fail to meet bid s'peciftations will be rejected by the City within thirty (30) days of delivery. ROW* of rejection will -b&. at rn the -expense of the bidder. rued Signature Thurston Lamberson Typed/Prinited,Nam'e -56 1478-2025 Telephone 561-478-7159 Fax tlamberson@ticdiversified-'.com Emil a''dd­ rqss for above signer tif.any) �01 y Name 2719.17th Street. -East Address city: S 59-25 I zip '34221 eral'Tax .1D Number . CGC0411 C-00tractoes 1 nse Number Bid F6ria Schedu19'oJF43id1 Pdcas SCH-6 i City of Tamarac .:..]LUK IN Ira '2 Purchasing and Conirtacts Dfvisko BiCJ FORM (continued) 131D No. 15-03B FILTER MEDIAREPLACEMENT*- PACKAGE FILTERS I & 2 Bidder's Marne; TLC Diversified, Inc. TERMS:..,-. % (percent count, if any, if payment made within DAYSI otherwise, terms are NET 30 days* Delivery/ Final completion: 75. calendar days after recelpt of Notice to proceed however, shall not exceed(6) calendar days for Substantial completion. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at tirne of bid opening. copies must be provided within 3 business. days of City's request. NOTE, Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the certified Resolution form contained herein (or acceptoble corporate Resolution) may be deemed non -responsive and inellglble for award. *�Mr�ktk�Ic�ka*tkFr°�%:ti� 1#P0.*rATNOTE""""""" Payments by Electronic Funds Transfer. Effective October 1, 20133 ALL payments by the city will be made by Direct Deposit (ACH) via electronic funds transfer. No paper checks Wilta Issued after that date. Vendors nest register for direct deposit with the Q*ty .prior to receiving any payments by providing a At City of Tamara consent for Direct Deposit' form (A-QHForm :to -the City I s Financial Services Accounting Division. The form may be accessed on the city of Tamarac web -site at htt :/Iwww. ,tarnarac.or findexas I.l lD--622 a Please contact the purchasing & Contracts [Wision at the nu'rnber shown on this solicitation document herein as the first point of contact for more information. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please in.dicate reason(s) why a Bid Proposal to not being submitted: at this time. Return the Bid Form to avoid removal of Bidder from the city of Tamarac's vendor listing. ..«..,.... v........v...v.•...«.-nw.......»n«.e....M..v....v......w....rT.w.r......>....«... ......v... .w...«....w......... ... +•f+wMrv.n..v v....r+A«..sA•u. .. .« .. .....r..�........::Y...«._.n«.ww«++r...w.v.ww....... •....w..._w...r..... ..w....-.... 47 ��£� Form � �'G zai dt.� e oW. Ord Pricei SC-7 NON-COLLUMVE AFFIDAVIT State of Florida County of Palm Beach Contract$ Division Thurston- Larnberson. being first -duly sworn, deposes andsays that: -(Owner, Piartner,. Officer, .1. He/she -the 'President the. Offeror that Representativ6,or'*Agetit).of ILC 1)"Yernifi,ed-Joc. has sUbmitted the -attadhedProposal,, .2. He/she is -fully Informed -respecting. the preparation and contents of the attached Propsol and of all pertinent C"Ircurnstances respecting such Proposal,: 3. Z,Uch Proposal is gen WOO. -and- is not a collusive or sham Proposal; 40 Nelther the- said Offeror nor any of its officers, :Partners, -owners, agents;. representatives, employees'' or patties. In Interest, including this afflant- have' -in any Y way colluded, conspired, connived or agreed, directiv or indirectly,, --with aby other Offeror, firm, or person, to su.bmlt,,a collusive or sham Proposal in. wh-nection with the Work for which the attached Proposal has been subrnitted� or to refrain from bidding in connection with such Wark;-or have. in any manner,; directly or 4ndIrrectly,' sought by -agreement or colluslon, or communication,, or conference- mAth -any offerer, fib, to the or price. the attached Proposal or on.'or.person I eY othe'rOfferor, or to fix. any overhead, profit, =or::costelements Of. the ProposalprJoe or* the PF'oposat *Pejco of any other Offerbr, or to securethrough any collu'side , conspiracy, connivancei.or wnlawWl 6 greement.any -advantage aga"Inst'(RecIplont), or any person Interested in the propoted Work; The pdcEi or -,prices quoted*: in' the atta6hod Proposal art *fair and -proper and are riot faulted by any colluslon- 'conspitacy, connivance, or unlawful agrreoen. t, on the pad ,of the Offe rot or,any other of Itsagents,, ropresentatives, owners, ernployees or in artles Jnterest :parties I ., including this affiant,. Signe*d ne 'Darlene :.Charles d in the presence of: , Secretary Thurston Lamberson Printed Name. President Title Non -Collusive AffidaVil Page I I City:of'Tenvrac ACKNOWLEDGMENT NOWCOLLUSIVE AFFIDAVIT State of Florida County of Palm Beach Purchasing. ond'Cdhii'ads DA46bn -On this the day of. januaty. 20 before me, the undersigned Notary P.ubfic of the. State of Florida, personally' appeared Thurston La'",mberson (Name(s) of in'divIdUal(s) who. appeared -before notary). and cknowl d whose � names) "Is/pre'Subsodbed to within tine and he/sheftey a . ' within . I e ge that he/s.he/they,exlecuted it* WITNESS m' band and official seal. :NOTARY PUBLIC SEAL OF OFFICE: N TARY PUBLIC, STATE CIF FLORIDA o (Name of NotaryPubli"C',,'Pr*i nti Qm I Stamp, or Type as. C m"s"loned) �iss0ARLENI-i. Q"LLE$ S., bn'#ES144626 EY4*es Feb=rY -24, 2016 - R Personally known to. me, or 13 Produced identification: -(Typo of 1dentifloption Produced) 0 DID take an oath., or CK QIQ NOT take an oatb 49 Non-CollusivaAffidavil page 2 OF ancl Contracts. Division, CERTIFICATION THIS DOCUMENT MUSTBE SUBMITTED WITH THE 810 We {I), the undersigned. hereby 69ree -to -furnish the Iftern(f.,)/4ervice(s) descbed * in. ' n the bvitatlion to Vd.We (I), �.rtlfy that we, have read the entire, document, including the. Specifications, Additionzil Requiremlents, -Supplernen tal Attachments,���truction� to 43idders Terms and Conditions-, and any addenda, issued.. We ag �' to comply with all of i e rea the, roqu',itements of the entire Invitation -'To. ffid% Indicate which type oforganization. below: INDIVIDUAL PARTNERSHIP 0, CORPORATION [A. OT . HER El t If thtr", Expi4im, N/A horized,81g6ature Thurston Lambersdn YP T ed/PrInted- Name . 561 -478-2025 Telephone 56.1-478-71,59 TV Fax. tlamberson@ticd.ivers'l'fied.c**O', TLC Diversified, Inc.. Com'pany Name 271917th. Street East Address Palmetto., F-L '34221 City, State, ZIP* 59-2513308' Federal Tax. ll)Number �CGC041:816 - - ------------------------- --- --- - . ­­ ­­_11­.__ ...... __ ­_­­­­_ Email address for above -signer (if any Contractor's License Number cef0co-lion City of Tamarac and Contracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company TLC Diversified, Inc. Address 2719 17th Street East City State Zip Palmetto, FL 34221 Telephone 561-478-2025 Fax Number 561-478-7159 1. How many years has your organization been in business under its present name? 29 Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute:_ NLA 3. Under what former name(s) has your business operated? None List former address(es) of that business (if any). None 4. Are you Certified? Yes ® No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes No Q If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No [2 If Yes, explain: N/A 7. Are you a Sales Representative FDistributor El Broker ❑ or Manufacturer El of the commodities/services bid upon? No -General Contractor 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes W No F] If yes, explain (date, service/project, bid title etc.) ***See Attached Report for Complete List**** City of Tamarac Greenleaf & Filters 1 & 2 Media Replacement - Completed 2007 City of Tamarac Package Filters 5 & 6 Media Replacement - Completed 2009 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes n No [X If yes, explain:, NIA 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No [A If yes, explain: 51 Bidder's Qualification Statement I 3 I City of Tamarac REFERENCES Purchasing and Contracts Division Please list government agencies and/or private firms with whom you have done business during the fast five years: Your Company Name Address City State Zip Ph one/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name. - Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name TLC Diversified Inc. -2719 17th Stre-e-t East _ Palmeffo, FL 21 5 78-20251561-478-7152 ^. Seacoast Utility Authority 4200 Hod Road Palm Beach Gardens, FL 33410 7-2 O/561- 24-2 39 Rim Bishop Martin County Utilities 2378 SE Ocean Blvd Stuart, FL 34996 _..... 772-223-7943/772-221-1447 Ted Robbins Town of Palm Beach 951 Old Okeechobee Road West Palm Beach, FL 33401 _ 561-227-7024/954-410-5665 City of Clearwater 100 South Mole Avenue, Room 200 _ Clearwater, FL 33756 727-562-4960 (Ext 7221)/727-562-4755 Nan Bennett Manatee County Utilities Department 2 66th Street IA est Sldc A Bradenton, FL 34210 941-792-8811 /941-795-3442 �=81220 NOW aim 52 References _;r 4 and -Conlrecl$ Nvision. VENDOR DRUG+REE WORKPLACE Preference may be, given to, vendors submitfift a ' certification with their' bid/proposal 1, Ce �4 ida certifying they have a drug -free workp*a in acoordance with Section 287.087, Flor- 9 Statutes, This. ..requ .1tement-affects 411. public,entitties of the State and becomeseffective Januoryi:* J99rj 'The -tp6c 9 al condition is as folidw, S4,11 I 'Ith -dru :, 4rea workplace 'IDENTICAL TIE, BiDS, - Preference may be given to bus"nesses.�w 9 -,'Wh two or'� more. bids. that are equal . with respect to. price, -qual4, and programs on servico are received by the State or by anypof itlea'l subdivisioln for. theprocurem'ent. of L 'in ,egs that certifies. that It a commodities -of c"bottactual -services, a bid received from a, bu's -a drug4ree workol0c6. pr' Iven preference "n.the -award: N8- implornenfed ogram shelf be -9 n process. -Established -propedures for processing tie bids ill be followed if ' one. of the tied -vendors havea: drug -free woftlace programs; In order- .to have a drug4ree. Work -piece program,a bus''Iness -shall: Publish a statement 'notlfying employees thatthe, unlawful manufacture, distribution,, dis'bstance is prohibited in. th6 pens'Ing, possessk f a controlled su,,,, on , or lase 6 -workplace and specifying the actions. that will be �takon against. -emplgyeas for 6lations of such prohibition.. Inform employees about the dangers of drug abuse in the, workplace, the business's ru -free workplace, any avallable, drug counsel"rig- policy of m'aintaining a d' g M rehabilitation, and employee 8si' .. - programs, and the penaffies . that m6Y b ye t ance y imposed mposed upon employees-fdr drug abuse vlolatbins: 2. Give each -employee engaged in providing the cornmodifies or contractual services that- are under :bid a' copy of the statement spacifled in subsection 4'1 ),, 1. in . the statement specified. ;in subsection (1), notify 'the.- amplqyees that, as, a condition of wotking on the commodities or� contractual. service.s that are: undo bid, the employee mill abide-b'' the -,terms of the statement and will. notify Y tho employer of n n b 'f guilty or nolo co te dere t. any v. lat! n of ch pte. an conviction.-ofi. -or p-Wt- -o I for :a '893'..or� of ipontrolled*l substance it of n f the U jte4 Mates or any -ptate.,, violation occurring 'in the work place ,no later that five,(5) days after each donvi on. 4, Impose a section on,, or require the satisfactory participafton in a drug abuse: assistance or rehabllltation* program 4f -such is available in' the e mployee's community., by any employee who is so convicted, .54 Make a good 'faith effort to -continue to -maintain a.,drug-free workplace through Implementation of this section... As the person authorized to sign the statement, I -cart ily.that this form complies fully With the above requirements. I .Authorized Signature Thurston Lamberson, President TLC Dive[3i ed -Ift Company Name .53 Vendor Drug -Free Workplace City of Iremarac Purchasing and Con'trzicts Division Ira %I LIST OPSUBCONTRACTORS ThO Bidder $hell list, below the on hb'e' - hd,buslnegs address" �of each subcontractor who m s VA. perform Work under this Bid i I n �excess of one- hiaffof one percent of the. Contractor's Total Bid Price., s -and shall al'o list the portion of the Work that will be done by such. subcontra'ctor. After the opening of bids, no cha,nges -or substitutions will, be' :allowed except as otherwise provided by law- 'The listin ' g of more than one subcontractor for each item of fork -to be performed with the words A and/or will not be permitted. Failure to comply with this requirement. will renderthe Bid 'as no' -responsive and may cause its reject" * ton... Work to Be Performed %'Total Contractor Contract License No. ....... . .... . . ............... .................. ... . .... 1! ......... __ ...... . .................... . . .......................... ­ Subcontractor- Name/Address . . ............... 54 Lis! of Subcontrectors 07- and Contracts Division CERTIFIED RESOLUTION Lamberson, ------ (Name), the duly elected Secretary of, 'TLQ,..12Lver$'ffiedj*hCt Corpotbte Title),-.� corpotation orga"n-med and'Oxlstllng Odor the, laws of. the State, of 1.1onda do �here`bY certify that the following Resolutlo6 vas, unanimously adopted and, passed by a quonim: of .the Board of Drectors. of the saidat Z, corpor loh At� - MeOting hold In accordance with law and the by-laws of the: said corporation. 1T IS HEREBY ESOLV i 'HAT Lambemn (fame)", the -duly Ibuisto .elected� 2jMs4 nj . (Title- of 'Officer) of- ide :1LQDjSj0rSified.`]nc-.. er#by authorized to - execute. and 0),be and"is h �i Oid'and/or Bid -such is required to the pity� 9 ra ch b erU q f Tamar . a -and, su b behalf -of the C' rporatil' Instruments 11h w4fing. as m;k e'necessary on , on;-. and that the Bid b* 0 Bid Bond, and other such ihstruments signed by him/her,shall be binding upon the said eor-ppra.tionias its own acts and deeds. The se'ctetaN shall certify thenames and signatures of those authorized to act by the foregoing resolution... The City cif Temarac,shall be lullyprotected in relying upori sudh Certification - of the secretary and -shall be Indemnified .and saved harmless: from -any tihd all, claim', demands, expenses, lo.ss or amd' M age resulting from :or groWing out of honoringthes llonatUre: of any: person so certified or for refusing to honor any signature not so certified. 1, WOO certify. that the- above resolution- Is :. in -force and effect and, has not. boon. revised, revoked or. rescinded. f further certify that thL60 following are L the. name, .authorized to act by the foregoing resolutiom, NAME 0 1 IMMUSTtl W. - 10 j r-j& T*') � titles and official signatures: -of those persons - TITLE Prg—si rat Giveh tinder my hand and the -Seal of the said corporation this: Secreftiry- Joanne Lamberson, Secrets ----------- -- ------ -­ ____ Corporate NOTE: The above is $4gge.6ted form of the type,of Corporate Resolution desired.. Such form need not be followed explicitly., but the Certified Resolutlo n submitted must clearly show to the satisfaction of the City of Tamarac that the Person signing the. Bid and Bid Bond for the. corporation has been proporly empowered by the corporation to do so In -its behalf. 56 CeWfied Resolution Cilv of'ramarac DRENCH SAFETY FORM & Contracts DiViOl'on Bidderackno'wledges-th.ati.ncludedinthe. op' ' priatobld Iterps of.the -proposat and inthe -T-0tal Bid* pno pro ,.:. cotsf&- comse are 0.1ying with, the Florida Trench Safety -Adt (9Q-96, taws pf* Florida) Opiotive. October ber 1, 1990. Th6 bidder further idehfificisthe tosts of such com'' fiance to be summarized p b e 10` W. TReN C___ H SAFETY MEASURE UNITS OF UNIT UNITCOST EXTENDED Qe�cdption) !MEASURE Pty} COST (LF1 F) 'A. $ Slope. LF .10,00 B. $ Is $ L TOTAL, I A 11 trench excavation he.. Wthn- his control in excels of' f applidable, the Contradtor certffles1hat a ren, five. feet (6) In depth shall be. In accordance with the Florida DepOrtmOhtl of Tran.spo * rtatlion's. Spedlial Provisions Article 125-1 and-SUbatticle 12&-4.1 (TRENCH EXCAVATION SAFETY, SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION)% FallUto to complete the above ma result in -the. bid beinj. J- cjzired'-n0h..rqppon",siva _ WAWA_ DATE auaa8)20-14 {igature)S'ident Thu La - rston mberson, Pre ACK N W4EM ENT STATE OP, 06dda COUNTY OF: Pai'l M* Beach PERSONA4LY- APPEARED BEFORE ME, the undersigned authority, Thurston lamberson. (Name of individual. Signing) who, after firsO �duly sworn by me., .6 affixed -*his/her signature in.,the space provided above on th DAMN E W-WL-ES*. comass .452-6 .,ion:#`EE 14 E m. ruxy 24,2016 X0 N6 MW 4W � I TARY PUBLIC 4 Commission Expire-st Trench Safety Form Executed in I Counterpart City of %merso BID BOND STATE OF FLORIDA) COUNTY OF BROWARD) Contacts Division KN01J'1! ALL MEN BY THESE PRESENTS, that we, TLC Diversified, IncW as Principal, and as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: 5% of Bid Amount Dollars ($ s °f e,d j lawful money on the United States, for the payment of which sure well and truly to be made, we bind ourselves, our heirs, executom, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Sid, dated for; Filter Media Replacement - Package Filters 1 & 2 Bid Na 15- 3B NOW, THEREFORE, (a) if said Bid shall be rejected, or In the alternate. (b) if said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acoeptance of said Bldr then this obligation shall be void; otherwise, it shall remain in force and effect, It being expressly understood and agreed that the iiabllity of the Surety for any and all claims hereunder shelf in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and Its bond shall be in no way Impalred or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. 57 Bid Bond Page 'I 1. At*-KNOWLSDOEMENT afDOOND .Slg''hed and sealed this 8th day df January 1.5 woo 120. IN PRESENCE OF: Thurston Lamberson, (AFFIX SEAL) .ATTEST,i J,O* anne Lamberson ATTEST: *Jmpress Corporate 6eal. TLC Diversified In-;e,% Pdnej L , . PSIT Business Address Palmetto, FL 342-21 citylsteltemp Business Pho.nuift FL Licensed R. Attorney -In -Fact Don Brmlage BY Old Bond, page 2 4 General Power of Attorney POWER NO. 0990992 00 Westfield Insurance Co. Westfleld National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a*ZtnflPeld any" and collectively as "Companles," duly organized and existing under the laws of the State of Ohio, and having its principal office in Center, Medina County, Ohlo, do by these presents make, constitute and appoint DON BRAMLAGE, JEFFREY W. REI+CH, LESLIE M. DONAHUE, SUSAN L. REICH, PATRICIA L, SLAUGHTER GLORIA A. RICHARDS, TERESA L. DURHAM, CHERYL FOLEY, LISA ROSELAND, JOINTLY OR SEVERALLY of MAITLAND and State of FL Its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other Instruments or contracts of suretyship- - .. .. - - • • - - - - _ .. ... ....... . . . 00 .. _ .. . a......... . . . . . , LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE DOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARAW OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as If such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratlrying and confirming all that the said Attorney(s)•ln-Fact may do In the premises. Said appointment Is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and DHIO FARMERS INSURANCE COMPANY: 'We It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity b Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more sultable persons as Attorney(s)•In•F"act to represent and act for and on behalf of the Company subject to the fotlowin provisions: The Attomey-ln-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other condltlonal or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -In -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be It Further Resolved, that the slgnature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Is attached." (Each adopted at a meeting held on February 8, 2000). to witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 21st day of MARCH A.D,, 2014 . ►�.lN,ss„ Corpotatt• �►s R4#1 ,,� %%0' �NONAk 1 **-F ,,..•�'" ''h WESTFIELD INSURANCE COMPANY Seals o'►f,,.•••••�•..,c�► ,.•`��.•••'•''•••. sG•., ,.•,•►•� WESTFIELD NATIONAL INSURANCE COMPANY Affixed ' '�' o -: � OHIO FARMERS INSURANCE COMPANY N = LL 5 t SEAL ►�' B State of Ohio Dennis P. Saus, Natlonal Surety Leader and County of Medina ss.: Sentor Executive On this 21si day of MARCH A.D., 20114 , before me personally came Dennis P. Bous to me known, who, being by me duly sworn, did depose and say, that he resides In Wooster, Ohio; that he is National Surety Leader and Senior Executive of wESTFIELD INSURANCE COMPANY,INESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument, that he knows the seals of said Companies; that the seals affixed to said Instrument are such corporate seats: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. Notarial Seat Affixed State of Ohio County of Medina ss.: e-*% A L o'�f •�`tt�t Z� it So, � � wc'00'r 407 David A. Kotntk, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies. which Is still In full force and effect: and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my nand and affixed the seals of said Companies at Westfield Center. Ohio, this gth day or January _..b�.�,�.,_2015 ►ttsf$00 •,.,......�V •,� � .r.....�• - i (li Ei J, IN . 1S48 . BPOAC2 (combined) (06-02) '4 'z"' , so.aary Frank A. 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N N N N C`I T C\ L c v ca Lai' LA FM N a y 0 r+� u r ci c 0 E cc a� '0 ho a U J H o)owrl- rn t*,- LO t*-- aD rn o •r- corntoLO O co N CD ,r- .r- C9 T- © LC) GO N O d' m O CO •- O 0 m co � co O 'y' U") <tr*-- CDto N It, N c0 �. m r-- Ul E O O v V � C] , ui CZ U N O M� W (VU W CO •V M l � f E O U r0 A W U CD O CU O _._Jm03: O O U O >► to >, co U U a. U �CU �cn � o o ._C i cu °6 U r- N +w O �.. O CIO I N LL CD CD 0 Co O Co E co U .4 O CD co �a- ca �-- © o 0 0 O CO O C) N N N N L i i L n N STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATI CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487--1 395 1940 NORTH MM NROE STREET TALLAHASSEE FL 32399-0783 LAMBERSON, THURSTON T. L*C'-DIVER.SIF1ED* INC 2719.17TH STREET EAST PALMETTO' FL 34221 Cbng tulationsl Wth, this ficense YOW becom'e oneof the nearly one. million Floddia'ns, Ficans6d by,the E3opartment Busines"s and Pro f-ossionalReg ulation. Our professl6nals and busire s"'s' range from .4 to barb from Architects yach't bpokers, fixers eque'restaurarits,, and they k":P F16dda's economy, strong. Every-44Yeve W'Ork. to Improv&theway-we.do business- In order to 88rVa:..you--Wt0r. For 446rmago'n iib6ut our services, please log prito war."i�ffllo oiidaen * eex'*m', " here , ou can find.fn0re information about but'd!Wsidins and the �.reig• Ula#qns that impact YP4, subscribetb d j'*e'$.rtM6ht newsletters and team more about t.h#-Departmenft 'snit es. Our'.mlieion at the Department Is-, License -Efficiently, Regulate Fairly. We -oonstantly strive to serve you better so � that yqu- can serve your customers. Thank -you for doing •business In Flo'dda, and congratulations on yoqr new ficensol DETACH HERE. ST) DI -OFFLORIDA T �IJLATION 014 •T,L he_ 0"*".** `0 Ch,486 FS, U40210MM WSON'SECRETARY ................ RICK SCOTT, GOVERNOR KEN LA -STIAT...0 SS1 RR AIrt R A LA1 . ... .... bEPART-M.4NT OFSU INES 0 ON S ..AND" N LIR MIC-T, N:,WbL1 TR ' Y. , ­', Y-".,L- 1d1EqE,­* 9ING ."BOARD Aid&- *4%er%j 0 ,.b Wr,%. 4t� P1=01 11PF11 AY LAW SEQ 0 L140727DO02329 t %f-Y •�.1 C 3 ♦ 'C�7C' iI.7 'J ♦ .� d . ' ,4,,. ,+t`..a pi .M-w• 1x, :Y. ♦vtlif n �r i:�.Aa l s•�~ t-:� .j ?i►Trl�:'.:�! � iiLi.�'tzt' BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm, A-100, Ft. Lauderdale, FL 33301-1895 — 954-931-4000 VALID OCi'OBER 1, 2014 THROUGH SEPTEMBER 30, 2015 a Business Dame: T D C DIVERSIFIED INC Owner Name: LMIsERSON THURSTON Business Location: 7233 SOUTHERN BLVD B1 PALM BEACH COUNTY Business Phone:407--4-78-2025 Rooms Seats For NumbQr of Machines: Receipt #:280-207090 Business Type: ,CONTRACTOR (GENERAL y p CONTRACTOR) ) Business Opened '09/29/1992 State/County/C ort/Rog : CGC0 41816 Exemption Code: Employees 10 Business Only Machines Vendino TV= Professlonals Tax Amount Transfer Fee NSF Fee Penalty Prior Years Collection Cost Total Paid 27.00 0.00 0.00 0.00 0.00 0.00 27.00 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT This tax is levied for the privilege or doing business vvithin Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning WHEN VALIDATED and zoning requirements. This Business Tax Receipt must be transferred when the business Is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Mailing Address: L ,AIMM r'RSdH THURSTON Receipt #ZCP-13 - 00015402 2719 17 ST FAST Paid 09/05/2014 27.00 PALMETTO, PL 34221-0000 2014 - 2015 •��ij�T'��, •�'•'� •�•=�'j•a. • .•j •F N�!•t �•.y '.t1 i=.[.; i�w ••.•�i ,>, •• ; 4 •• ♦ •• i -•• �♦ •• ,... . •• �• �. r'•• \. • •♦ •Y • \♦ ♦a. .• t Aji V. .%nl'T ♦�R ,T•' '� ••OJT \� .It • f • • •• i . w'•!lS•I,tti�y • L=�•,:. Corporate Resolution December 04,2014 RE: Authority to -Sign Legal Documents M WHOM IT MAY CONCERN: TLC. Diverfted, Ind. t�p ' lato MOA-eitng' g Environmental onstrucfibri Prbfd�siorials SerVing the Water & Wastewater Indusby CG C0418-16 ou C0539613 TLC Diversified Inc,, being a legal Corporation organized.. under the Laws of the State. of Florida In April, 1985, Mr, Thurston Lamber'son and Mrs. Joanne R. Larnberson and having 100% of, the outstanding shares of said torpo.ratlon owned,s'Inice March of 1989 declares the following as a matter -of record.. Mr. Thurston 1amberson.. President -and Mrs, Joanne K, Larnberson, shall -have full power and authority to sign any and all Legal and. Binding Documents and make all commitments of whatever nature for TLC -Diversified, Inc. this 4th-day of December, 2014 Th'UrAbn La M''berson President Sworn to and subscribed before me Thurston Lam of [)or_arAhar_1n1A. My Comm. Ission Expires: March 20, 2016 Rj. ambe rson'. whom - t know this nth day left .H. M& . . . . . . LINDA UY M0013-E- rotary P011C - state. of FW' Ida My Comm. Expires. Mat 200 2016 Comml 5dslon # EE 168649 e State of Florida Department of State I certify from the records of this office that T.L.C. DIVERSIFIED, INC. is a corporation organized under the laws of the 'State of Florida, filed. on. April 4, 1 9 8:`5 4 The docurnetit number of this corporation. is H5136401 I farther certify that said' corporation lias paid all fees clue this off -ice through December 31, 2014, that its most recent annual report/t.m[for.In business report was filed on January. 14, 2014,awid its status is active. I farther certify that said corporation. has not filed Arti-cles of Dissolution., Given under my hand and the Great Seal of the State of Florida (it T011411assew, the capUal., this the Fourteenth day qfJanu(try, 2014 *A Secretary ofSta€e Authentication ID: CC.1371303739 To authenticate this certificatevisit the following siteen-ter this ID, anti then follow the instructions displayed. littps,-,/Icfite.sunbiz.org/certautbver.iiihni. AC(�RD® CERTIFICATE OF LIABILITY INSURANCE DATE (MfylllDD1YYYYj 03/24/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 1-813-229-8021 TACT Diana Defreeuw NAME- X. B . Wilson Co. , Inc. PHONE . 813-229-8022 FAX Na E-MAIL RESS: ADD ddefreeuw@mewilson.com 300 W. Platt St. INSURERS AFFORDING COVERAGE NAIC # Ste 200 Tampa, FL 33606 INSURER A: WESTFIELD INS CO 24112 INSURED INSURER 8 : FOCI INS CO 10178 TLC Diversified, Inc. INSURER C INSURER D: 2719 17th Street Bast Palmetto, FL 34221 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 38912919 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD NSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YYYYJ POLICY EXP LIMITS A GENERAL LIABILITY TRA3972460 04/01/1 -(MWDDNYYYI 04/01/15 EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE l__.J OCCUR DAMAGE TO RE TED PREMISES Ea occurrence $ 500,1000 MED EXP (Anyone erson $ 10, 000 PERSONAL & ADV INJURY $ 1, 000, 000 X Contractual Liability GENERAL AGGREGATE $ 2, 000, 000 $500 Prop Dmg Ded M PRODUCTS -COMP/OPAGG $ 2, 000, 000 GE N'L AGGREGATE LIMIT APPLIES PER; $ X LOC PROjEC 7POLICYM A AUTOMOBILE LIABILITY TRA3972460 04 O1 1 04/01/15 COMBINED SINGLE LIMIT nD 1, 000, 000 BODILY INJURY (Per person) $ x ANY AUTO BODILY INJURY (Per accident) 3 ALL OWNED SCHEDULED AUTOS NON OWNED X HIRED AUTOS X AUTOS PROPERTY DAMAGE Peraccident)$ A X UMBRELLA LIAO X OCCUR TRA3972460 04/01/1 04/01/15 EACH OCCURRENCE $ 5, 000,000 , AGGREGATE $ 5, 000, 000 EXCESS LIAg CLAIMS -MADE DED I X I RETENTION $ 0 $ 1 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? LN-i (Mandatory In NH)E.L. NIA 001WC13A51661 04/01/1 04/01/15 X WC STATUS OTH- E.L. EACH ACCIDENT $ 500, 000 DISEASE - EA EMPLOYE $ 500, 000 E.L. DISEASE -POLICY LIMIT $ 50 0, 000 If yes, describe under DESCRIPTION OF OPERATIONS below A Installation Floater TRA3972460 04/01/1 04/01/15 $1,000 Ded 1,0001000 Transit & Storage: Included Deductible: 1,1000 DESCRIPTION OF OPERATIONS ! LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION For Informational Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9�et� �,9. &Fm 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CV01 City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY of TAMARAC AND `T.L.C. DIVERSIFIED, INC. THIS AGREEMENT is made and entered into this �,�, day of a , 2015 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 T.L.C. Diversified, Inc., a Florida Corporation with principal offices located at 2719 17th Street, E. Palmetto, FL 34221 (the "Contractor") to provide for Filter Media Replacement of Package Filters 1 & 2 at the City's Water Treatment Plant. 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.15-03B, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, 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 15-03B as issued by the City, and the Contractor's Proposal, 15-03B as issued by City shall take precedence over the Contractor's Proposal. 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 work as specified. 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 City with seventy-two (72) hours written notice prior to beginning work under this Agreement and prior to any schedule changes with exception of change caused by inclement weather. 1 x City of Tamarac Purchasing and Contracts Division 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 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, 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 General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 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 substantially completed within (60) calendar days from the date of issuance of said Notice to Proceed. Final completion shall be (15) calendar days from date of Substantial completion. 4.2 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 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 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 time for substantial completion hereunder and any resulting increase in general condition cost. K City of Tamarac Purchasing and Contracts Division 5) Contract Sum The Contract Sum for the above work is Three Hundred Eleven Thousand Four Hundred Ninety Five Dollars and no cents ($311,495.00). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. Retainage of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project name, project number and bid P.O. number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. Contractor shall invoice the City and provide a written request to City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before warranty period begins. All payments shall be governed by Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 7) Remedies 7.1 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. 7.2 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. 8) Change Orders 8.1 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 3 t City of Tamarac Purchasing and Contracts Division -- - - shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 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. 8.3 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. 8.4 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. 8.5 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. 8.6 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, 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. 8.7 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 the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by 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 4 r City of Tamarac Purchasing and Contracts Division 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. 9) 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 THE 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 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. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor 5 I1 A City of Tamarac Purchasing and Contracts Division shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The warranty period does not begin until approval of final payment for the entire project, and subsequent release of any Performance or Payment Bonds, which may be required by the original bid. 12) Indemnification 12.1 Contractor shall indemnify and hold harmless 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 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 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 claim may be made after the termination hereof. 12.2 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. 13) Non -Discrimination & Equal Opportunity Employment During performance of Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) 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 is employee for any 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 6 City of Tamarac Purchasing and Contracts Division --------------- - - - - - - - - Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's 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 of Contractor, which policies of Contractor shall not conflict with City, State, 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 had 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. 15) 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 be subcontracted without the prior written consent of the city. 16) 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 Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR T.L.C. Diversified, Inc. 2 719 17th St. E . Palmetto, FL 34221 (561) 478-2025 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by City of Tamarac Purchasing and Contracts Division City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 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. 18) Public Records 18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 18.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 18.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 18.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 18.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 18.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 12 "Termination" herein. 19) Uncontrollable Circumstances 19.1 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 City of Tamarac Purchasing and Contracts Division 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 fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 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. 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 Contractor shall provide 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 the validity or enforceability of such provisions in any other jurisdiction. 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 remainder of this Agreement. 24) 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. C. to I ,. City of Tamarac Purchasing and Contracts Division 25) 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. 26) Contingent Fees Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for 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 any other consideration contingent upon or resulting from the award or making of this Agreement. Balance of Page Intentionally Left Blank 10 City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. Patricia A. Teufel, C City Clerk ;i T: ignaturVof Corporate Secretary Joanne Lamberson Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY ORTA y• Harry brbsder, Mayor natP el C. Cernech, City Manager Approvqd as to form an legal sufficiency: aviiA City -Attorney /e"Nlg Date T.L.q. Piversified, Inc. Compar y Name Signature of President/Owner Thurston Lamberson Type/Print Name of President/Owner January 20, 2015 Date 11 City of Tamarac wildPurchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF MANATEE I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Thurston Lamberson, President, of T.L.C. Diversified Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of January 20 , 2015. O�PRPV� Y LINDA KAY MOORE Notary Public - State of Florida My Comm. Expires Mar 20, 2016 OF F� Commission # EE 168648 12 ��trsr�e-a�Notary Public State of Florida at Large Linda Kay Moore Print, Type or Stamp Name of Notary Public � Personally known to me or ❑ Produced Identification N/A Type of I.D. P rod u ced ❑ DID take an oath, or � DID NOT take an oath.