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City of Tamarac Resolution R-2015-044
Temp Reso. 12642 5/2 7/ 15 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 15- 17B TO AND APPROVING AN AGREEMENT WITH RAY QUALMANN MARINE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF PHASE IV OF THE CITYWIDE CULVERT HEADWALL INSTALLATION PROJECT, IN ACCORDANCE WITH BID NO. 15-17B FOR A CONTRACT AMOUNT OF $559)810.00; A CONTINGENCY IN AN AMOUNT OF $55,981.00 WILL BE ADDED TO THE PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET OF $615,791.00; AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to provide its residents a safe, operational stormwater drainage system throughout the City; and WHEREAS, as a continuation of maintaining existing canal crossing conditions, City personnel have examined various canal crossing locations throughout the City and determined six (6) locations that require immediate restoration due to excessive erosion and undermining of sidewalks along the edge of the roadway at the canal crossings which could lead to unsafe conditions for the general public; and WHEREAS, the City of Tamarac publicly advertised Bid No. 15-17B Citywide Temp. Reso. 12642 5/27/2015 Page 2of5 Culvert Headwall Installation Project Phase IV, on April 5, 2015, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on May 4th5 2015, the City of Tamarac received two (2) proposals for the Citywide Culvert Headwall Installation Project Phase IV, a bid tabulation is hereto attached as "Exhibit 1 "; and WHEREAS, staff determined the lowest responsive and responsible bidder to be Ray Qualmann Construction, Inc.; and WHEREAS, Ray Qualmann Construction, Inc. possesses the required knowledge and experience to construct the Citywide Culvert Headwall Installation Project Phase IV and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 15-17B; and WHEREAS, available funds for the balance of said headwall repairs exist in the Stormwater Capital Improvement budget; and WHEREAS, it is the recommendation of the Public Services Director and Purchasing and Contracts Manager that the appropriate City officials award Bid No. 15- 17B and execute the Agreement with Ray Qualmann Marine Construction, Inc. for the Citywide Culvert Headwall Installation Project Phase IV at six (6) locations, attached hereto as Exhibit #2; incorporated herein and made a specific part of this resolution; and Temp. Reso. 12642 5/2 7/2 0 15 Page 3of5 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 15-17B and execute the agreement for the Citywide Culvert Headwall Installation Project Phase IV with Ray Qualmann Marine Construction, Inc. for a contract cost of $559,810.00 and a contingency in the amount of $55,981.00, for a total project budget of $615,791.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT. - SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All Exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The City Commission HEREBY awards Bid No. 15-17B to Ray Qualmann Marine Construction, Inc. and approves an Agreement between the City of Tamarac and Ray Qualmann Marine Construction, Inc. ("The Agreement") and the appropriate City officials are hereby authorized to execute the Agreement, hereto attached as "Exhibit 2", to provide for the Citywide Culvert Headwall Installations Project Phase IV at six (6) locations. �l Temp. Reso. 12642 5/27/2015 Page 4 of 5 SECTION 3: An expenditure for a contract cost of $559,810.00 and a contingency in the amount of $55,981.00, for a total project budget of $615,791.00 for said purpose is hereby approved. SECTION 4: Funding for the Citywide Culvert Headwall Installation Project Phase IV for a contract cost of $559,810.00 and a contingency in the amount of $55,981.00, for a total project budget of $615,791.00 is available in Project Number SW14B in the Stormwater Capital Improvement Budget. SECTION 5: The City Manager or his designee is hereby authorized to approve and initiate Change Orders in amounts not to exceed $65,000.00 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 7: 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. .gFC:TIC)N R- passage and adoption. Temp. Reso. 12642 5/27/2015 Page 5of5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUFE MC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY ,day of 2015. HA\fRRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER x y Y DIST 1: VICE MAYOR BUSHNELL r�- DIST 2: COMM. GOMEZe DIST 3: COMM. GLASSER DIST 4: COMM. 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Ul U CO aF Z .c r", Ln r"i m "Izt rIq C) rH m It'ui, 00 0 C'Itywide Culvert Headwall Installation Project= Phase IV BID ISSUED: 04106115 City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, FL 33321 f AGREEMENT BETWEEN THE CITY OF TAMARAC AND RAY QUALMANN MARINE CONSTRUCTION, INC. THIS AGREEMENT is made and entered into this C) Y of 2015 by and a between the City of Tamarac, a municipal corporation with princi al offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Ray Qualmann Marine Construction, Inc., a Florida corporation with principal offices located at 2860 NE 161h Street, Pompano Beach, FL 33062 (the "Contractor") for the CITYWIDE CULVERT HEADWALL INSTALLATION PROJECT - PHASE IV. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1j The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 15-17B, 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 No. 15-17B as issued by City on April 4, 2015, and Contractor's Proposal, 15-17B dated May 4, 2015, Bid Document No. 15- 17B 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 Document, this Agreement shall prevail. The project sites are located at Lagos De Campo Blvd east of NW 84th Terrace (north and south side), NW 80th Avenue west of NW 71 st Court (north and south side), and NW 82th Street east of Hibiscus Circle (north and south side). The work shall include, but not limited to, demolition of existing headwalls, the construction of new aluminum sheet piling headwall and/or riprap installation, improvements to existing drainage, concrete sidewalk and curb replacement, guardrail restoration, earthwork and landscape restoration improvements. The work to be performed consists of furnishing all labor, materials, tools, and equipment necessary to complete this project, as indicated in the Special Conditions, Special Provisions, and Technical Specifications herein and within the project design plans. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below; d u:: e ..y..�. '4 $'a t � ..,j ,Yip � 5"` ' � .i� + `°;:Y 3 - ,^.,� { t ; � ' ` r = d g��` r`"� p s =�'' ' .� {. t �, � S � . �Yl 'E s +{ J . e -3 S} .� 3 1 S q'� a F � 1.....5 S`.s a# { � i`` {� ,,...,, ,�e�..-f F ^�y d �, �# �"�.� �i.g : ,r` �✓ i 3 : �., i � £, �.,,.✓ _*� t � ,< �' , � a»• f r' v..,`' � .. �� 3r �' t ..`r°E v �' L 3 a �l � r � a . '� �� � a � J �;:i s . f � i Sc L a . s {� ;. # �.J # , 3 3 �,.� � +o.r :.r 3 r } . C, z.: a.,.+ 1 3 4 "c ('r 2 Lim 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or 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, Automobile Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager Certificates of all Insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's 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 ._.....__ ....Aa � � �, �'�.'t �3 F i .,,... *-�, , "3 d� = t"� .4 � � � n� ..... ��� f a , �...�.� , �; .;� „« �-� a � � � t;; {p r`> � � -� i €.� �,•�# : f � ���V�, t � �� � _..w s.�..- � 3 ", � .� I ? 7 ti - d ',,.� s" ; k." s 3 :W...� :` .3 1 , 1,.d . i z..+ " } .;dd N ' �'` t ...o s e Y ...., $. :? a t-� h.. a :.: i .f 3' 1 3 P �.,i L'.+�f s # �..� �, d �i ,� , ._. j ... s� . C.. s... '�..� d v� Pecs shall be Substantie||V completed within (240) calendar days from issuance of Citv's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, ocrnp|etionshall mean the issuance offinal payment. 4.2 During the pre -construction portion of the work henaunder, the parties agree to work diligently and in good faith in performing their obligations heneunder, sothat all required permits for the construction portion of the work may beobtained b«City inaccordance with the Schedule included in the Contract Documents. In the event that any delays in the pre - construction or construction portion of the vvoM« occur, despite diligent efforts of the parties hereto, and such delays are the result of force rnoJeuns 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. 5) Contract Sum The Contract Sum for the above work isFive Hundred Fifty Nine Thousand, Eight Hundred Ten Dollars and no cents ($559,810.00). 6) Payments Payment will bemade monthly for work that has been completed, inspected and properly invoiced. Retainago of ten percent (10%) will be deducted from monthly payments until 50% of project is complete. Retainoge will be reduced to five percent (5%) thereafter. F<etainege monies will be released upon satisfactory completion and final inspection of work. Invoices must bear project nerne. 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 oornrnenoe 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 begoverned byFlorida Prompt Payment Act, F.8.'Part \/||' Chapter 218. City desires to be able to make payments utilizing Cih/'e 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 ofpayment. 7) Remedies 7.1 Damages- The City reserves the right to recover any ascertainable actual d@nnagG8 incurred as @ 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 Is failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work- If, in the judgment of the Cd«, 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 oOrm2Ct all deficiencies in the work to bring the work into conformance without additional cost to the City, d / or replace| who f8i| to B/dM�./��/r�-Co�w�eCume�eeadmaS���x��oopr�ec -F��se/u 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 tomake increases, decreases Or OUl8r changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory rnanner. 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. DnC8 the Change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and pRzfit, 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 toorundertaken bythe 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 bechanged byaChange Order. A fully executed change order for any extra work must exist before such extra work is begun. Any o|airn 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 o|@|m and stating the general nature of the claim. The amount of the o|oirn with supporting data shall be delivered (unless the City allows on additional period oftime to ascertain more accurate data in support ofthe o|oinn) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as o result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid ifnot 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 toextension ofthe 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 o|airn 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 o|airn 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 ahe|| be considered and will be based SO|e|y upon the effect ofdelays tothe work as avvho|e. Extensions of time shall not be granted for delays to the vvDrh` Un|eSS the Contractor can clearly demonstrate that such de|@VS did or will in faot. delay the progress of work as avvho|e. 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 Agre,c?rneo -Bid, Na /5-/7e-Cmty),*,cleeeednvaxostallauonPr��?-�--t-Phaaam/ 8.7 In the event satisfactory adjustment cannot be reached by City and Contractor for any itenn requiring a change in the oontract, and a change order has not been issued' [|if» reserves the right at Its sole option toterminate 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 on increase or decrease in the contract price ehe!( be determined by mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If notice Dfany change inthe contract orcontract time is required to begiven to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Bunsh/ 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 OFTHE 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 hind from City for direct, indirect, consequential, impact or other ooets, expenses or damages including but not limited to costs of acceleration or inefficiency, arising because of delay, disrupUon, interference or hindrance from any cause vvhabsoever, whether such de|ay, 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 Cih/'o 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 nseoon@b|y 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 de|iverieS, 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 de|ay, 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 de|ay, 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 (]oeenio and Atmospheric Administration at the Fort Lauderdale Weather Station. Agra,emen-Bicif No, /5-/7B-Cd�y*ideCulvert Heodvva//AstaXah`ooPn'ect-FbaseA/ 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 final payment and as additionally provided for in the contract documents. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid. 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 the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub -contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the s .{.:i P7t i f No, .` ] t 1sP w.f;a ✓ f - = 5 fi as a atiai 'J t3d.L ?;--)j-� t i A t`'iIJ + � .v f I'V w r E a Pa 7 following: employment, promotion, demotion or transfer; recruitment or recruitment @dw3�|Sing. layoff or termination; rates Of pay or other forms of compensation; and selection for tnaining, including apprenticeship. The Contractor and its sub -contractors shall agree to post in conspicuous p|amas, available to its employees and applicants for arnp|oyrnent, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further 8gna8a that he/she will ensure that all sub-oontnsctora' if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create anemployee/employer nelationohipbetw/eenthe Parties. It ie"the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the Citv's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act rninirnurn wage and overtime poyrnenbe` Federal Insurance Contribution Act, the Social Security Act. the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the 'judgment of the manner and rne8no of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement Sh@|| be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States po|icies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that itiaaseparate and independent enterprise from the Citv, that it had full opportunity to find other buaineas, that ithas made its own investment In its business, and that itwill 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 AoreernentvvithoutthephorconsentoftheCih/.ThisAoreernentorenypordonthereof shall not be subcontracted without the prior written consent of the city. 1&UNoticm Whenever either party desires or is required under this Agreement to give notice to any other party, it must be giv�n b« vvh�en notice �ith�rd�|��r�d in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows* City Manager City ofTamarac 7525N.\&(8BthAvenue Tamarac, FL 33321 -��m� /c�,r�-���*d��u��f*�ad�ax���x��on�n�a�-oase8/ With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 Ea t Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Ray Qualmann Marine Construction, Inc. Attn: Mitchell Scavone, President 2860 NE 16th Street Pompano Beach, FL 33062 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party 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) 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. 19) 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. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. s r qq i >^ i"' t{ "i * k t3 a ...., , /" ¢#��` t s .a t , s x' £ # x f_ti 3 �''"� a, „t ¢ i' g ! e e rn ,, n �,- ! � o f �1-- ,# ,$.„..� ' Cif. rt r N l :.-i v �>...I a t e t 8 i i.,� � d. < > # i qq ..� , a < $ f 3 a 's w. � f s� � " ig 21)SeVerabi!itv;Waiver ofProvisions Any provision in this Agreement that isprohibited orunenforceable inany 'jurisdiction shall, asbo8uohjurisdiction, beineffective tothe extent Ofsuch prohibition or unonforoeabi|itv without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement Of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or ofthe remainder of this 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall beconsidered to be in default ofthis 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 bsnn "Uncontrollable Forces" shall mean any event which results in the prevention Or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable oontrol of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidernio, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to foroeo, which are preventable, mennovab|e, or marnediab\e, and which the nonperforming party could have, with the exercise of reasonable di|igence, prevented' nernoved, or remedied with reasonable dispatch. The nonperforming party sho||` within a reasonable time ofbeing prevented ordelayed from performance by an uncontrollable foroe. give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance Of the obligations ofthis Agreement. 23) 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. 24) 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 Aonserneni 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 ordisputes connected with, arising out of, orinvolving this Agreement. AQ�emen -B'dNo, 10-1nB-City eCulveirt���dwa3��a8a�» IN WITNESS WHEREOF, the parties have made and executed this Agreement cn 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 tc execute same. \\ V 4<e; low rb 4 Date 11!A RO ATT T - rchael Q. Cernech, City Manager Ji Date Patricia A. Teufel, CIVIC City Clerk CITY OF TAMARAC yd SW410,&- Harry D&ssler,'(0a y'or � Approved as to form and legal sufficiency. - Date �v City Attorney ATTEST- ignature of Corporate Secretary Type,/Print Name of Corporate Secy. (CORPORATE SEAL) Date Ray Qualmanin Marine Construction, Inc. Company Name Sig natu reefKresident Mitchell Scavone President Date BI'd, 15-1 `3 — C!'ty�w"C e C, ,Iverf Hcaach, a I 1,ns 11a tbn Pr c-t — Ph$ (,i s- IV Pao,r) I I k. CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OFf. 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 Mitchell Scavone, President, Ray Qualmann Marine Construction, 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 myhand and official seal this dayof 12015. Sign a re of o "ta ry Pub C State of Florida at Larg'lv Ask K Y L FE M A Ft -1] rA�,' ry C - o 7Fi �dl, ja II Print fype or Stamp M v Con m, Fxpiies Oct 7, 2017 Name of Notary Public co At FF 101 ionai No�'-', B o n d �-,d, J ih [ram"' Personally known to me or ❑ Produced Identification Type of I.D. Produced F-1 DID take an oath, or DID NOT take an oath. Bid No— 15-17E, — Culvert Hiz-axfv ah' Ila 41 "'o fl� Pro not — Pf--'�ase, IV Pa 3e 12 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Ray Quaimann Marine Construction, Inc. as Principal, hereinafter called CONTRACTOR, and, t2l /--- as Surety, are bound to the City of Tamarac, Florida, as Obligee, herein fter called OWNER, in the amount of _Five Hundred Fifty Nine Thousand Eight Hundred Ten Dollars ($ 559`,810.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid No.15-178 awarded the day of , 2015, with OWNER for Citywide Culvert Headwall Installation — Phase IV which bid is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR- 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment.2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. }` green-7,er t Bid Na 5— 1 f` ER, - Ci14y?r'i. t ate%' Cu"va r r V Wom I LN I E *I:) :) ECND Signed. and seal�d tr 's ,11 4 C -f IN PREP ,5,xNCE OF. (AFFIX SEAD ATTEST: Attached Power of Attorney SeGretary ATTEST: Secretary *lmnre'lss Corporate Seal May Ray Qualmann Marine Construction Inc Principal 2860 NE 16th Street Business Address Pompano Beach FL 33062 City/State/Zip 9 54-941-0132 Business Phone FCC[ Insurance Group Title Dora Villavicendo Attorney-ln-Fact* NIA Agreement — Bid No, 15-17B — Citywide Culvert Headwall Installation Project — Phase IV Page 14 I Of i Tj Z 73L ACKNOWLEDGMENT FORM PAYMENT BOND State of County of On this the day of 2015, before me, the undersigned Notary Public of the State of Florida, - the foregoing instrument was acknowledged by, (Name of Corporate Officer) a (Na( e of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: d�t1 r i h Y � a A il. Z P t4 Comm, Expkre�, Oct 7, 2017 C ss- i cj, 1-1 N Fw� 10 a r, �vx -i%v- V9, of (Title) (State of Corporation) 441 NO/AR"Y PUBLIC, STA1qkF (Name of Notary Public- Print, Stamp, or Type as Commissioned) P15'e"rsonally known to me, or 0 Produced identification* (Type of Identification Produced) 0 DID take an oath, or b NOT take an oath 7 /1, tallabii--,-;,o Phase IV A g, e i,,ne e n t — B ic! Nco . 15- 1 To r'T — C i't� yvv, cl -7 71Z -1 MUrti CERTIFICATE AS TO PRINCIPAL certify that I am the Secretary of the Corporation named as Principal in the foiregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFlX SEAL) .......... (Na e of Corporation) Actn';,�,einvo,t — Bid No, 15- 1 71B — Cl��'tjv'-1,,,!,I�";--44,����-, C:6,'hV,0-,,,rt Pf'C'eCJ -- F"ha's"e: IV PC -Igo 16 P;=RFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. - That, pursuant to the requirement of Florida Statute 255.05, we, Quallmann Marine Construction, Inc. as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Five Hundred Fifty Nine Thousand, Eight Hundred Ten Dollars, ($ 559,810.00) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid No.15-1713 awarded the day of ) 2015, with OWNER for Citywide Culvert Headwall Installation — Phase IV which bid is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR* 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated for the within 240 calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly- 4.2 Complete the Contract in accordance with its terms and conditions, or 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER -i Pr---) 3;d No, 15-1 7f�' — CJ't�;(je C� ijy�,-?f,t 1 4 4 1 -cject — P,[,ase IV No Text M Bond # 3300295 .......... PERFORMANCE BOND KNOW ALL MEN BY THESE PIRE-:SENTS, That, Pursuant to the requirement of Florida Statute 5.OS, we., Ray Qualmann Marine Construction Inc as Principal, hereinafter called CONTRACTOR and FCCI Insurance Group Inc as Surety, I I are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Five hundred and fifty nine thousand bt buodud @ad tpa QQ11 00 Dollars, ($559,810.00 for the payment whereof CONTRACTOR and Surety bind thems_elves, their heirs, executors, adminilstrators, successors and assigns, jointly and severally, WHEREAS, CONTRACTOR has entered into a Contract, Bid/ContracUProject No-: awarded the day of 20_,, with OWNER for Citywide Culvert Headwall which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: Fully performs thin., Contract bet,,%feen the CONTRACTOR and the OWNER dat-.:.:!d 120 T for th e flation Gitywide C111yerf Heariwalldns Phase IV within _24a_ calendar days after the date of contract comniancement as specified in the Notice to Proceed and in the manner prescribed in the Contract, arid 2. Indemnities and pays OWNER all loss-cs, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, COStS and attorney's fees and costs, inciuding attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under - the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or fauity work or materials, which appear within one (1) year after final acceptance of the work, 4. Performs the guarantee of all work and materials furnished under the Contr2Ct for t�le time specified in the Contract, then this Bond is void, otherwise it remains in full force_ 41 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER h2ving performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly-, 4v2 Complete the Contract in accordance.- with its tte-rims and conditions, or 4,3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best.. lowewst. if qualified, responsible and respcnsive. Bidder, or, the &PAIER elects, upon determination by the. OWNER and Surety jointly of the best, lowest-, qualified. responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though or a succession o-' defaults under the Contract or there should be a default or ContractS, of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price, but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof- The term "balance of the Contract price," as used in this paragraph, shall mean the A total amount payable by OWNER to CONTRt-4.GTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any act -ion under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes_ The Surety hereby waives notice of and agrees that any changes in or under thin-. Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this __// day of VVI'M L, Se �,e fin ry ----- - k,AFFIX SE�L) W! PAE!5SES *'see power of attorney Secretary (AFFIX SEAL) Ray Qualmann Marine Qgnstruc&n Inc Principal ............ ..................... . . . . . . . . . . . . . sigy-tu r,,-ea d Title ------------ Type Name and Title signed above Mitchell Scavone Surety FCCI I urance Group Inc By Sidnature an.. Title Dirk D. D�eJon At�to�rnj�Ee!- -in �act, Type Name and Title signed above r; f SiPr 0 F INSU E CNY- By Agent @end AttcrneY- in-F a irRjvfj Address Pompano Beach FL 33060 954-943-5050 Telephone ACKNOWLEDGMENT PERFORMANCE BOND State cf I i_x Count o f On this the I day of "r 2015 before me the undersigned Notary Public of the State of Florida, the fore6oing instrument was acknowledged by: (Name of Corporate Officer) 110v JI-z'167 lei/ 4L a (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE - KYLE Z A* i[Y PIr, - Stage of r- I i _n MI uwk My Cof - EWN-s Oct 7 2017 C 191 s'S, n FF r,, Bonded Throogh NatiurZt NOIL of (Title) (State of Corporation) N(� XR"'Y PUBLIC, ST E OF (Name of Notary Public- Print, Stamp, or Type as Commissioned) P_Vrsonally known to me, or 0 Produced identification'. (Type of Identification Produced) 171 DID take an oath, or �ID NOT take an oath gVirtt - J vo5- itvvde C, J/,A,thv-i'r'sta Prr% t-e�A ree'iaEIP, 173-Cii�Lara c�-I1,a hP Paae. 20 ,_1 CERTIFICATE AS TO PRINCIPAL certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that who signed the Bond on behalf of the Principal, was then L, of said Corporation- that I know his/her d signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) 4 . 4 � ! S "I , -- a Agr,c.,em,ent— B!"cl No, 154"'E3 - culv, n h - - i IV a C.-!vv,.a " /1 -11 S pal"o P1 c"j, C"t Pa ge, 2 -1 APPLICATION FOR PAYMENT Contract Title- Contract/Purchase order No.: original Contract Value; Contract Change order Value: Current Contract Value: Cumulative No. Change orders: Application for Payment is made, as shown below: 1. Original Contract Sum 2. Net Change by Change Orders 3. Contract Sum to Date (line 1 (+) or (-) line 2) 4. Total Completed and Stored to Date 5. Retainage a. % of Completed Work b. % of Stored Material c. Total Retainage (line 5a +line 5b) 6. Total Earned less Retainage (line 4 —line 5c) 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) 8. Current Payment Due 9. Balance to Finish, plus Retainage (line 3 —line 6) Submitted by: Contractor Approved for Payment Project Manager Date: Date !i �. y .i f A,` Y A 3 ,` fs F' F' ' t' ! € a t3 is . 5 ' j s e— �i' z 3} -6.-.* e} S t "i #` .-mac .f i s d ' f v, i»,S . f {; a i 3 r i' F r F '-�'. T t ai,.�' : �. 6 ,,�,,,;.�.� 'M.� d v ,s �� f m ; ,3` J r �w �.a , ] :. ,. .,J , i r 5...'.�..% t .z i z,� .a t � � t ;�.✓ ,� �.-1 $u %, t� r � � t F m�' L... +:.-.a � t +`d�z -. { � a e i : C� z,.� 3.,.� 's+� 3 w,.di 22 - -- - --- -------- , ATe (MWOD Acorrn CERTIFICATE OF LIABILITY INSURANCE O , 5/14/2015NYYY) 4FERS,NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THIS CERTIfICATE IS ISSUED AS A MA,*T- TEROF�INFORW-.,Ti�ON��ON:LYAND COf RAGE AFFORDED HE POLICIES CERTIFICATE OOES NOT AFF'IRMATIVEIY.OR,NEGA,',�nVE,LY AMERID, EXTEND OR AMR. THE COVE SE.LOW SURER(S), AUTHORIZED TH _IS -ES NOT CO CERTIFICATE OF INSURANCE 00 NISTITUTE A CONTRACT BETWEEN THE J$SUING IN REPRESENTATIVE OR AND THE -CERTIFICATE HOLDEFL MPOPTANTx 4%6MOAL fti the me bo 0"oIfSUB ROGATION JSWAIVD does not confer j'jg*htS tf> the the tems and conditform of the � oliq roftill poliales may mquim an's 'do Mint A statement on this 0orfificato ip -coviffic4ts ,der In.. I'mij of suchrrS11domament(A). ------ i p J%.S, DER 0V, >a (9,54.) 0 (9544942-6-310 `ramit. ft=az,, Inc., No): -1314 East Atlantic Blvd. malbaQ,fu=aninsuran ca. com I? - 0. Box 192:7 L 1�!LRE -)0FOR04N. G COVEMOE C 00 C2npapy �35289 pompano Beach VL 33061 -ontinan xnauran INSURED IN 4. S $,Ia-r da RAy QvAjmM,XAR,1VE CONSTRUCTIONs 114C AmR3:cm s 4 Liabil±ty Co r ln4qp�ty P0 BOX :1487 INSORFER F. POWM0 BE&Cft rL 33061 INSU Mfft f ------------ ........... 'RE -VISION NUMBERO* AGES C.E.R."TI-FICAT E NUMB ------ woo" To THE INSURED NAMED ABOVE FOR THE CY PERIOD ELOW HAVE BEEN. JS84UED THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE UGTE-*�D S �H TH* INDICATED, NOTWTHSTANDING ANY REQV'RE-MENT'r TERM- Ok CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 01�*O.H TH-f$ R . NCE AFFOROE0 BY THE POLICIES DESORMED. HEREIN Z SUBJECT TO ALL THE TERMS,, -S-UED'0`R MArY PERTAI: N. r SU - A CERTIFICATE B8.. IS THE IN EXCLUSIONS.AND CON r DITIO I NS OF SUCH POLICIES. LIMITS. SHOWN MAY HAVE BEEN_ r REDUCED BY PAjor CLAIMS, L ...... ... LICY --p N RT LIMITS ......... P�.OUCY'fff f"mrwrym. 4N �qR TYPE OF INSURANCE POLICY ku!LfIER..... AK�� L 0100 X CommFmOALL 0ENERAL LtABILITY EACH OMURRENCE, 50000 A -CLAIMS-MADE OCCUR ......... 'r 6/12/201-4 6/12/2015 MEDEXPS�y.LM� �rsc§$ 5 t 000 PER$ONAL & ADV IN GENE. AGGRE.ATE LIMIT APPLIES Pfft GENERAL AGGREGAT�, PR ..0 PRODUM - COMP/OP AGG XPOL C--y L.-2, JECT LOC OTHER. NZ t MIT :If 0-00. t OOLO AUTOMOSILE.UAENLITY A 800KY INJU, Ry fper peen)B X ANY AM ------ ALL OV*rE- 0 SCHEDULED 4,/1/2015 4/l/2016 QU Ry (per L giant)S AUrOS AUTOPER NON-OW4ED XHIRED AUTO$ 1 X AUTC6 Ira Xr� 00 00,0 0MORE.-LLA L".' EACH 0MURRENCE OMUR EXCESS, LLIAR'CUAIMS-MADE AGGREGATE 4T'C X 1 000 1.2-J20-14 & 12/201S wo6 WAA --a 'al WkNAVA"10 4 WOf AN0:EL'MP0*EAV �A yf" El, EACH ACCIDENT ANY* M.1-OPRIETTOWPA RTNERIEmazunye 0 N I A Be jE,L DISEASE - F-A EMPLOYEE S F_1. DtSEME-POLICY LIMIT C Vessel polluti*h V1280314 6/11/2014 6/12/2015 Urrit > -,1 4. - ------ DESCRtpnok Op OPE-PATto$$ I L(:)QAM0"$-j VehICLtS .(ACOM 1"* Add ftMj R*"Wft MAY bayafteNd ft mom spops 14 mqujmd) la ti-ficat 1 a add1tional Projaclt** Cityw.:�de Culvert Hoadwall-lastallation..Phase IV. L r e hod r de. i on GonoraLl 3.11.ty as reqmired by Uritten contxactt'. CER TIFIP&TE CANCELLATION 0 M .... .. HOLDER Fo poi-ICIE.S BE CANCELLED BEFORE SHOULo AN OF THE ABOVE DESCRIS THEREOFt NOTICE WILL SE DELIVERED IN, 114F, eXpIRAT014 DATE Clty of Tamaxao ACC ORDAmcf. I wrtH THE POLICY PROVISION&. -v 7525 NE 88th A.enue TaZarac,r FL 3332 1 AUMORIZED: REPRESENTATIVE 4it 0'2 - De-J-ong/ML VIM— w—A C) 1988-2014 A CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD.narne and logo are . marks of ACORD. Ott# LIANUITYINWRAMIE 4/9/�015 ISM OF I to I I rlwuce " r c # � issue ° � fly lvers . 9i U.S.. Highway 19 W fjo� L Win:" Cerwim* Nor-. Tkis Ceftflicaft. 4 04* a rc * "terw H Holiday FL 34691 938-5562 I,nsuretsAft7rding Coverage NAIC So h fast Personnel Leasing, Inc, iii 7 2 U. . highway 19 N. Holiday, rL.. 34,9 4 t ."tCh; . ,r N .. - .,_ .. . .. ..... ....� tp.'1!E V !Ci - _'M�rtde � Rai �gp.j R� { C y; y ... �Ycz p�{yam �:Y. .,R�.�� y�. ' 'C�"Jt i f .i � L7�I'. 9 �idt: f .., .�VB '. fitli Yk 'A &ii/iT� T - . , ... . - - -. i 11 % My Im b66n r u mod: ct < 'Exp In LTR p of insurance Poky Number,DWe Date ornmer % Liability, m i $ es (EA laiM Made Occur rr r EV -Personal Adv Injury enra aggregate Hit applies per : :0 aa --- - -- ------------ ---------- Unit (E A, ant) Apykuto to (Per pemw) Bodily IniM on -wed Atft (Par :dent) Pfop" Damage 'E � � F,.� UTY Eachmr" 08IrMWO r -a ad, WLGI1940 01101/2015 0110-V2016 WC fttu- 0TH_ E ". Aqry Limits Any Pf0;)nj%t0jjPaft E1. Each Accident�► . Ii Diseams °� � J 1000 EI, Disease -Policy Limits $1 Other _I, jj_ ------- --- �1"SU"a�;"* Em"T,s , � ee t n rated A 10 nt 00 O$ car arsons.*"r �r3dpr � n Diem 'ID, - -334 �e only applies €D`ac�e SI E I >. Wdiarift ft are lead to the following "Client mpan'ra onjY:apPjje.Stor€� M Saute East fttwnneel Ltasihgr d s x while, workingiM�a Coverage doesscot 4ppiytp-statutory employee(s) or independent amWactor(s) of the Client Com. pany or at!� other entity-,. ist of ftaCt" em P10Y* leased to he Client Coppy can be obtained by Ong a reqt6�(727) 9372-138 orby call g(.727)938-5562 w, P ik. m t� WATER TREATMENT PLANTt TAMARA,, FL INCLUGES USA. 4.1 I S 04-0(TP 004* Date 4 ER'tlit WOO I�t7 � : € o �R%ro the a th�,� Jaw insow Of to o*i W days wtfton rmfte to -the certificate I der nam- W to f led, 41A f ttire �tr of any kind Upon tjvin$", itsrepresen#v , 7$ 5 NW NTH AVEN E By signing below l hereby authorize City of Tamarac to deposit any amounts owed me by initiating credit entries to my account at the financial institution (hereinafter "Bank") indicated on this form. Further, authorize Bank to accept and to credit any credit entries indicated by City of Tamarac to my accounts. In the event that City of Tamarac deposits funds erroneously into my account, I authorize City of Tamarac to debit my account for an amount not to exceed the original amount of the erroneous credit. This authorization is to remain in full force and effect until City of Tamarac and Bank have received written notice from me of its termination in such time and in such manner as to afford City of Tamarac and Bank reasonable opportunity to act on it. 1/we, �;' r 1�ase print your company's name) would like to - / tj ve.- A z 2particip e in the direct deposit option. I have enclosed a voided check for account verification. Signed Name Date (PLEASE PRINT) o Check here if you wish to waive the pre -note cycle. A pre -note is a one payment cycle confirmation of the account and routing numbers in which a check is issued for the waiting month. By agreeing to waive the pre -note cycle, it is understood that if for some reason the account information you supply is incorrect and the transfer is rejected, both the depositing and receiving banks have up to five (5) business days to notify City of Tamarac of the returned funds. Therefore, City of Tamarac cannot reissue funds in any form until it is confirmed that the funds have been returned. By checking here and signing below you are agreeing that if the transfer is rejected, you will not make any claim against City of Tamarac, nor will you exercise any rights you may have in the original ground lease between City of Tamarac and you to declare a default because of the electronic funds rejection. Note: We must have a voided check to validate the routing and account numbers. For saving account deposits, please submit this fonn along with a savings account deposit slip. Verify with your bank that the numbers on the deposit slip are correct before sending to City of Tamarac. r ABA/Routing No. Account No. �'` ` (Circle one) Checking t Savings .w E-Mail Address.` = 4e_l% Phone Number:�-a;14 Return completed form along with a VOIDED CHECK (or deposit slip if a savings account) and mail to: City of Tamarac 7525 N W 88 Avenue Attn: Accounts Payable Tamarac FL 33321-2401 Or fax to Accounts Payable (954)597-3560 E-mail: ccountin to arac.or —'Note: Please send any address changes to the attention of our Accounts Payable ..Department so you will continue to receive important information regarding the account. City of Tamarac Use Only: Vendor No.: Date Entered: Y f)' r fh � y3 W oa M x F Q 0 rn w w Q O � 1 � rf 1 I rn f 0 a rLi sr ru t"f"1 L11 C.� 0 z O z 4 LO C.7 T-' ' ■ r H tCY) Q Z .r s co u- 2) U LL ED w 0 c� riu m m atJ4 ru MLQ O C:t Gt Nz N 1. L Form ;Rev. A Departr Internai �i a� M a. c �• o � U o M L c N a o U U a W (1) (3) U) W=9 Request for Taxpayer Give Form to the ,ugust2013) Identification Number and Certification requester. Do not vent of the Treasury send to the IRS. Revenue Service Name (as shown on your income tax return) Ray Qualmann Marine Construction, inc. Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: Exemptions (see instructions): [� Individual/scle proprietor ❑] C Corporaticn 0 S Corporation ❑ Partnership ❑ Trust/estate Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)1► Exemption from FATCA reporting code (if any) ❑ Other (see instructions) Address (number, street, and apt. or suite no.) Requester's name and address (optional) 2860 NE 16th Street City, state, and ZIP code Pompano Beach, FL 33062 List account number(s) here (optional) I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part 1 instructions on page 3. For other -- - entities, it is your employer identification number (ElN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. - ` Certification Under penalties of perjury, I certify that- 1 - The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) i have not been notified by the Internal Revenue Service (iRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (iRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of _ ,r Here U.S. person ►...�- .�..a Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at www.irs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the iRS must obtain your correct taxpayer identification number (TiN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TiN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and .pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. 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