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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-084Temp. Reso. #12380 July 22, 2013 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013-9 / - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THAT THE CITY COMMISSION AWARD BID NO. 13-16B TO CARDINAL CONTRACTORS, INC., AND AUTHORIZES THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND CARDINAL CONTRACTORS, INC., FOR AN AMOUNT OF $1931%000 FOR CONSTRUCTION OF THE WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT PROJECT; A CONTINGENCY IN THE AMOUNT OF $198,000 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL AMOUNT OF $1,5171000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains a Water Treatment Plant located at 7803 NW 61 St Street; and WHEREAS, the City of Tamarac currently has a 900 KW Emergency Generator driven by a 25 year old Caterpillar engine that is unable. to meet the current Water Treatment Plant needs under emergency conditions; and WHEREAS, the Water Treatment Plant has a main 480-volt switchgear that is over 40 years old, Emergency Generator Transfer Switch that is 35 years old, and a 6,000- gallon diesel tank that is 25 years old and all are in need of replacement; and WHEREAS, Section 62.555.320 (14) of the Florida Administrative Code (F.A.C.) specifies, "Design and Construction of Public Water Systems relating to Standby Power" and requires the Water Treatment Plant to operate and maintain an Emergency Generator; and WHEREAS, in accordance with the Utilities Department's mandate to improve, renew and rehabilitate existing water and wastewater systems to ensure a safe, reliable and adequate water supply and wastewater system to all residents and customers of the City; the Water Treatment Plant Emergency Generator Replacement Project was recommended, approved and funded as a Capital Improvement Project; and Temp. Reso. #12380 July 22, 2013 Page 2 of 4 WHEREAS, Eckler Engineering, Inc., was awarded the contract to provide professional services for the design of the Water Treatment Plant Emergency Generator Replacement Project; including preparation of detailed plans and specifications followed by permitting and bidding assistance under Resolution #R-2011-130, passed and adopted by the City Commission on November 9, 2011; and WHEREAS, Water Treatment Plant Emergency Generator Replacement Project bids (Bid No. 13-04B) were received on January 9, 2013 with three (3) bids ranging from $1,647,000 to $2,002,035 which was $212,000 more than budgeted funds. The decision was made to reject all bids; have Eckler Engineering, Inc., complete value engineering, re - permit, and re -bid the project with a revised project design; and WHEREAS, Eckler Engineering, Inc., was issued a Change Order on May 6, 2013 increasing Task Authorization #11-04E from $92,000 to $122,000 to complete value engineering, re -permit and re -bid the project; and WHEREAS, the City of Tamarac publicly advertised Bid No. 13-166, Water Treatment Plant Emergency Generator Replacement in the Sun Sentinel on May 19, 2013 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the City solicited competitive sealed bids and on June 25, 2013, received, opened and reviewed six (6) bids as follows: COMPANY NAME TOTAL BID $ Cardinal Contractors, Inc. 1,319,000.00 Poole and Kent 1,390,000.00 Florida Design Contractors 1,406,000.00 Eau Gallie Electric 1,411,476.00 Overland Construction 1,493,114.00 Mega Wattage LLC 19528,010.00 ; and WHEREAS, Cardinal Contractors Inc., was deemed the most responsive and responsible bidder (a copy of said bid is attached hereto as "Exhibit A"); and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 13- Temp. Reso. #12380 July 22, 2013 Page 3 of 4 16B, Water Treatment Plant Emergency Generator Replacement Project to, and execute an agreement with Cardinal Contractors, Inc., for a contract cost of $1,319,000.00 and a contingency in the amount of $198,000 will be added to the Project Account for a total project budget of $1,517,000 for the WTP Emergency Generator Replacement Project; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the award of Bid No. 13-16B, Water Treatment Plant Emergency Generator Replacement Project to Cardinal Contractors Inc., and to execute an agreement with Cardinal Contractors, Inc., for a contract cost of $1,319,000, and a contingency in the amount of $198,000 will be added to the Project Account for a total project budget of $1,517,000 for the WTP Emergency Generator Replacement Project; and WHEREAS, approved funds in the amount of $1,517,000 are available from the appropriate Fiscal Year 2013 Utilities Operational accounts. 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 upon adoption hereof. The exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The award of Bid No. 13-16B, Water Treatment Plant Emergency Generator Replacement Project, to Cardinal Contractors, Inc., is hereby authorized. SECTION I The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and Cardinal Contractors, 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. $1,319,000 and a contingency in the amount of $198,000 for a total project budget of $1,517,000 is approved to be funded from the appropriate budgeted Fiscal Year 2013 Utilities Operational accounts. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 Temp. Reso. # 12380 July 22, 2013 Page 4 of 4 part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 2013. ATTEST: PATRICIA TEUF CITY CLERK ,CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. YICITY ATTORNEY s day of Az1&4zAPt L 0 BETH TALABISCO, MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSH LL-4JAa---� DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. GLASSER4z� DIST 4: V/M DRESSLER__G'� SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement "EXHIBIT TR #'123 BID NO.: 13-1 SB BID TITLE: WATER TREATMENT PLANT - EMERGENCY GENERATOR REPLACEMENT BID OPENING DATE/TIME: TUESDAY, JUNE 259 2013 AT 3:00 PM LOCAL TIME BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3570 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE: TUESDAY, MAY 28, 2013,10:OOAM, RM 204 BONDING: 5% BID BOND --100% PAYMENT/PERFORMANCE BOND (CD): $40.00 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 exist 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: Cardinal Contractors, Inc. COMPANY ADDRESS: 5365 Stirling Road, Fort Lauderdale, FL 33314 COMPANY PHONE: 954-587-0520 NAME OF AUTHORIZED AGENT: William I McDevitt Please see attached Certified Resolution) TITLE OF AUTHORIZED AGENT: President AUTHORIZED AGENT EMAIL ADDRESS: WmcdeyI t ftardinalco.Com BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 80-03887_$6„ 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 COPY City or Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): Cardinal Contractors, Inc. g KOM Fort Lauderdale, FL 33314 Phone: 954-587-0520 stet® of Inc. -Florida Fax: 954-587-6653 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. r;�'f Special Carefully read the General Terms & Conditions, Special Conditions and Provisions. 2. [ Properly fill out the Bid Forms and Schedule of Bid Prices. 3. [?Fill out and sign the Non -Collusive Affidavit and have it notarized. properly 4. Q Sign the Certification page. Failure to do so may result in Bid being Y your g deemed non -responsive. 5. Q Fill out the Bidder's Qualification Statement. 6. [ Fill out the References page. 7. ( Sign the Vendor Drug p Free Workplace Form. 8. Q Fill out the List of Subcontractors. 9. Q Include a 5% Bid Guaranty. Failure to provide the stipulated bond or Y p p guaranty will result in automatic rejection of your bid. After award, Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. ❑✓ Fill out and sign the Certified Resolution. 11. Q Include Proof of Insurance. 12. 0 Include copy of applicable State Certified or County Competency License(s) 13. Q Trench Safety Form, if applicable. 14. Q Fill out and sign the Electronic File(s) Disclaimer. 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. _................. _ _ ..... _ ............._ ......_.._........._..._ ..� ....................... . .........................._................................._ ........._ . 3�.......... City of Tamarac Purchasing and Contacts Division BID FORM BID NO.13-16B WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACMENT Bids are hereby requested from qualified Contractors for the construction of WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACMENT. The project consists of the removal and replacement of the existing standby emergency power generator, fuel tank and main electrical gear at the City of Tamarac Water treatment plant, removal / replacement of the emergency fuel storage tank at the Grant's Plaza Water Booster Station and SCADA system improvements at the WTP, Grant's Plaza and Tract 27 Water Booster Stations all as described in the Contract Drawings and Specifications. Generally the work includes demolition, site work, mechanical, structural, architectural, electrical, instrumentation, and other incidentals to properly complete the project per the Contract Drawings and Specifications. In order to be considered 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, or legally perform the scope of work will be acceptable, as determined by state or county licensing agency and provide proof upon request. State: Certified General Contractor License, as defined by F.S. 489.105 3a plus last consecutive five (5) years of verifiable full-time experience in the water/wastewater treatment facility construction industry plus a minimum of having completed two (2) verifiable projects of similar nature or dollar cost. OR County: A Broward County Competency Engineering Contractor Class A license plus last consecutive five (5) years of verifiable full-time experience in the water/wastewater treatment facility construction industry plus a minimum of having completed two (2) verifiable projects of similar nature or dollar cost. 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 the 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. It is the intent of the City to award this bid based on the Total Base Bid for all bid items or Total Base Bid plus Add Altemate. _ .. _ ...._.. _...__. __...._..._. _................. _.......... - ......... ........ _-_...._...._.....___._..__. SCK--? Bid Form & Schedule of Bic! Prices Ciity of Tamarac Purchasing and Cont►ocits Division BID SCHEDULE BID NO. 13-16B WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT The Bidder, hereby declares that he or she has carefully examined and understands the specifications and instructions contained herein, and does hereby agree to furnish all labor, materials, tools, supervision, equipment, and to sustain all expenses incurred in performing the work, including bond and insurance fees, in strict accordance with the details and specifications which are made a part thereof at the following prices offered by Bidder. In the event of latent mathematical errors, Bidder recognizes these are clerical errors and may be corrected by Owner. Modification of this Bid Form -Bid Schedule, other than the information requesting below, shall not. be accepted. The following Bid Items and quantities are estimated projections and shall not be construed as a guaranteed . amountlquantity. ITEM ESTIMATED UNIT TOTAL NO. ITEM DESCRIPTION QUANTITY UNIT COST COST 1 'Mobilization/Demobilization 1 LS �510X-00 65,6..=400 Furnish all material, tabor, and equipment to complete the work 2 specified and depicted on drawings for the Water Treatment Plant 1 �S s r complete per the Contract Documents. Furnish all material and provide all 3 labor and equipment to complete the work specified and depicted on the drawings for the Grant's Plaza Water 1 LS 11°��• JKOW600 Repump Station site, complete per the Contract Documents. Furnish all material and provide all 4 labor and equipment to complete the work specified and depicted on the LS o drawings for the Tract 27 Water 1 °Uo.o� �0, DUo. ov Repump Station site, complete per the Contract Documents. 5 Indemnification 1 LS $10 $10 TOTAL BASE BID: $ . .... . . . . . . . . .. . . . . . . . . . . . . . . . Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division ADD ALERNATE BID ITEM 1A Generator System Supplier shall provide an additional three (3) years 100% coverage, non -prorated labor and material warranty for the complete generator system provided under Specifications Section 16204 — Generator (Exterior Enclosed). If accepted by City, Add/Alternate 1A will increase the warranty period from two (2) years to five (5) years from the date of Substantial Completion. (Reference Spec Section 01010-3, Article 1.06, A, 1) ADD ALTERNATE ITEM 1 A: $ S (Separate Alternate Cost) DEDUCT ALTERNATE 2A .00 Deductive alternate for an Alternate Generator system manufacturer meeting the requirements of Specifications Section 16204. (Reference Spec Section 01010-3, Article 1.06, A, 2) DEDUCT ALTERNATE BID ITEM 2A: Reference Spec Section 16204 Propose ONE Alternate Generator system (Must be of "equivalent" specification from a Manufacturer, & Longevity for this project scope application). Alternate Generator Manufacturer: ADD ALTERNATE 2B Pit] industry recognized, for Quality Alternate Generator System Supplier shall provide an additional three (3) years 100% coverage, non -prorated labor and material warranty for the complete generator system provided under Specifications Section 16204 -- Generator (Exterior Enclosed). If accepted by City, Add/Alternate 213 will increase the warranty period from two (2) years to five (5) years from the date of Substantial Completion. (Reference Spec Section 01010-3, Article 1.069 A, 3) ADD ALTERNATE ITEM 2B: ADO. (Separate Alternate Cost) DEDUCT ALTERNATE 3 Deductive alternate for an alternate fuel storage tanks meeting UL — 2085 and the requirements of Specifications Section 13205. (Reference Spec Section 01010-3, Article 1.06, A, 4) DEDUCT ALTERNATE BID ITEM 3: Reference Spec Section 13205 ...._............_. _._........_..._......_...._.._.._...... _..._._......_..... __.._..._....._...._..B SCf�I-3Bid Form & µSchedule of Biel Prices ....__.._. City of Tamarac Purchashig and ConVacfs Division Propose ONE Alternate Fuel Tank Manufacturer (Mdst be of "equivalent" specification from a Manufacturer, industry recognized, for Quality & Longevity for this project scope application). Alternate Fuel Tank Manufacturer: NOTE: *Item No. 1 Mobilization/Demobilization shall be capped at 5% of the Total Bid. Any amount above 5% for item 1 shad be added apportionately to Bid Items 2, 3, and 4, as not to change the total amount of the bid. DETERMINATION of AWARD: Except where City exercises the right reserved herein to reject any or all bids, the contract shall be awarded by City to the lowest responsive and responsible Bidder based on the Total Base Bid. NAME of BIDDER: Cardinal Contractors Inc. 5365 Sterling Road Fort Lauderdale, FL 33314 State of Inc. - Florida ___......_.._...__........ ......_.__......._._._..._........_....._.._.._..._............ ._..........._........ ... ............ ....__....__._.__�.�.._...._........ SCH.-4 Bic! Form & Schedule of Bid lices City of Tamarac - Purchasing and Contracts Division BID FORM (continued) BID NO. 13-16B WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT Submitted by: Cardinal Contractors, Inc. 5365 Stirling Road Fort Lauderdale, FL 33314 THIS BID IS SUBMITTED TO: State of Inc. - Florida City of Tamarac Purchasing Division 7525 NW 8e Avenue Tamarac, Florida 33321 Date 06/25/20 1 3 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. . ..... _ _ . _ .._.............................._...�_......---..... SChI-g_. _...... _...._Bid Form & � Schedule of Bid Prices City of Tamarac Purchasing and Contacts Division BID FORM (continued) BID No. 13-16B WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. %- 1 It11. ized Signature William J. McDevitt, President ..._ Typed/Printed Name 954-587-OUQ-- Telephone 954-587-6653 Fax wmcdevitti inalco. Email address for above signer (if any) Cardinal Company Name 5365 Stirling Road Address Inc. Fort Lauderdale, FL 33314 City, State, ZIP State of Inc. - Florida 80-0388786 Federal Tax ID Number CGC 034089 Contractor's License Number SCI�-�_... ............_........._.._.......__........_......__..........._..Bid Form .&..Seiredula of �Bid Prices �.._,.._.. City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.13-16B WATER TREATMENT PLANT EMERGENCY GENERATOR REPLACEMENT Bidder's Name: Cardinal Contractors, Inc. TERMS: 0 % (percent discount, if any, if payment made within N_DAYS- otherwise, terms are NET 30 days. Delivery/Completion: Substantial Completion shall be no greater than (335) calendar days from the receipt of the City's Notice to Proceed. Final Completion shall occur within (30) calendar days of Substantial Completion. To be considered eligible for award, one (1) original and one (1) copy of this bid form should be submitted with the Bid. One original bid must be submitted at time 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 acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. Would you accept Credit Card as payment from the City of Tamarac? Yes gjNo Payment by Electronic Funds Transfer: Vendors may now receive payments by direct deposit via electronic funds transfer instead of by paper check. Vendors are strongly encouraged to register to receive all payments by direct deposit. Access the City of Tamarac web -site at http://www.tamarac.org/city-departmentslftnancial- servicestpurchasinglregister-for-direct-deposit-payment.aspx IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from City of Tamarac vendor listing. N/A �....._....._... ....... W......._.............................._..........._...................._.._............_......._.......__...._........._.................­............._..__..._--.__................ - ........ ..... ��....._-_._....._....,_._..,._..........._..�_.w....._._.._._....._.._..� SCH 7 Bid Form & Schedule or Biel Prices City of Tamarac - Purchashig and Conti -acts Division NON -COLLUSIVE AFFIDAVIT State of _Florida ) )ss. County of Manatee ) William J. McDevitt. P and says that: being first duly sworn, deposes He/she is the Representative , (owner, Partner, Officer, Representative or Agent) of . CardinalConU Inc. the Offeror that has submitted the attached Proposal; Jalshe is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient),, or any person interested in the proposed Work; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: is I. Appe in C. Wilson 42 ar William J. McDevitt Printed Name President Title 5365 Stirling Road - Fort Lauderdale, FL 33314 State of Inc. - Florida City of Tamarac Put chasing and Contracts Division _ - ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Ma On this the 25th day of June , 20, 1 ,, before me, the undersigned Notary Public of the State of Florida, personally appeared William J. MrDavitt, Pr sicl _nt and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: - LAURIE ELLEN LASANOWITZ MY COMMISSION # EE169093 =�•. .•�� ,,. EXPIRES February3,2o1s flffl 407) 396-0133 FigftlW .o0m Laurie Ellen Labanowitz (Name of Notary Public: Print, Stamp, or Type as Commissioned) ® Personally known to me, or 0 Produced identification: N/A (Type of Identification Produced) DID take an oath, or ® DID NOT take an oath 43 ❑6 City of Tainarrac Purchasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Indicate which type of organization below: INDIVIDUAL [-] PARTNERSHIP ❑ If "Other;;, Explain: N/A ft uthorized Signature William J. McDevitt, President Typed/Printed Name _ _954-587-0520 Telephone 954-587-6653 Fax wmcdevittl inalco.com Email address for above signer (if any) CORPORATION El OTHER [:1 Cardinal Contractors, Inc. Company Name 5365 Stirling Road r Address Fort Lauderdale, FL 33314 City, State, ZIP 80-0388786 Federal Tax ID Number CGC 034089 Contractor's License Number 44 City of Tamarac Purchasing and Contacts 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 Address City State Zip Telephone Fax Number Cardinal Contractors, Inc. 5365 Stirling Road Fort Lauderdale, FL 33314 954-587-0520 954-587-6653 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: N/A 3. Under what former name(s) has your business operated? Widell, Inc. List former address(es) of that business (if any): 4. Are you Certified? Yes Q No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes XQ No [:] If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes n No Z] If Yes, explain: NIA 7. Are you a Sales Representative ❑Distributor ❑Broker El or Manufacturer El of the commodities/services bid upon? No 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes EJ No K] If yes, explain: (date, service/project, bid title etc.) If City of Tamarac is considered the governmental enti y, no. . . 9. Have you ever received a complaint on. a contract or bid awarded to you by any governmental entity? Yes ❑ No nX If yes, explain: NIA 10. Have you ever been. debarred or suspended from doing business with any governmental entity? Yes ❑ No [S] If yes, explain: City of Tamarac Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/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 Cardinal Contractors, Inc. 5365 Stirling Road Fort auderdale, FL 33s314 54-587-0520 / 954-587-6653 Citv of Pembroke Pines FL 10100 Pine Blvd. Pembroke Pines, FL 33026 954-435-6511 / imclaghlin a@ pines.com Joe McLaughlin Hillsborough Counly, FL 925 E. Twig_ Street Tama FL 33601 813-272-5977 ext. 43321 / Michael Kelloq-q_ City ,of Fort Lauderdale,_..EL ...._.. ..... _....._._._.... ...____ _.._... __. �. _._ 100 N. Andrews Ave. Fort Lauderdale, FL 33301 954-828-7809 / 954-828-5074 / jexamond a@fortlauderdale.c Jean Examond Fort Lauderdale, FL 33301 Sarasota County, FL _1660 Rinding Blvd. Sarasota,_FL 3423E _ 941-861-0570 / jchapman a@scgov.net John Cha man City of Tamarac Purchasing and Conn acts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance Statutes. This requirement affects all public entities of the January 1, 1991. The special condition is as follows: with Section 287.087, Florida State and becomes effective IDENTICAL TIE SIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug --free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after each conviction. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 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 certify that this form complies fully with the above requirements. ft- Authorized SignatureWillarn J. McDevitt, President 5365 Stirling Road Fort Lauderdale, FL 33314 State of Inc. - Florida Cardinal Qontra=rs, I �.. Company Name City of Tamarac Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to Comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed . -4 % Total Contract Contractor License No. I /. . 01-10oa,pa-9- ai Subcontractor Name/Add ress 5cryice Pai btla 12-M—Mrotaekwvt(i Ff., Fl EC -0000// 00 1 Edwards 8df,]L 7231 r OfAlf I Cily of Tamarac "' Purchasing and Contracts !Division E31D BOND STATE OF FLORIDA) COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, cardinal Contractors, Inc. as Principal, and Federal Insurance Company and western Surety Company rr.r i�41.r�rrr�w.r•�I�1 .�. r r• � r.wr .w r� �+rir.. � .�...w..:A. 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: Five Percent of Bid Amount*** Dollars Il$ 5°� of Bid Amount** lawful rwrr��rr�u �rnr i money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,* administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH that whereas the Principal has submitted the accompanying Bid, dated June 25 , 2p 13 , for: Water Treatment Plant Emergency Generator Replacement Bid No. 13-16B 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 acceptance of said Bid, then this obligation shall be void;- otherwise, it shall remain in force and effect, it being expressly , understood and agreed that the liability of the Surety for any and all claims hereunder shall In no event exceed.the amount of this obligation as herein stated. The Surety, for value received, hereby agrees than the obljg ations of the said Sure.y and its bond shall be in no way irhpaired or affected by any extension of -time within which said CITY may accept such Bid; and said Surety doe's hereby waive notice of any extension. 52 "AVA City of Tamarac O N Purchasing and Contracts DA slon ACKNOWLEDGEMENT BID BOND Signed and sealed this 19th day of dune 20 13 1N PRESENCE OF: (AFFIX SEAL) ATTEST: Secrets ry ATTEST: See attached Notary Acknowledgment Secretary Impress Corporate Seal 53 Principal William J. McDevitt, President 10405 Technology Terrace Business Address Lakewood Ranch, FL 34211 City48tate/Zip (941) 377-8555 Business Phone Federal Insurance Company and Western Surety Company Surefy* a Donna L. Welsh, Attorney -in -Fact Title Attorney-ln-Fact* By i CALIFORNIA ALLoPURPOSE ACKNOWLEDGMENT State of California County of SIN On June 19, 2013 before me, Donna J. Frowd , Notary Public, personally appeared Donna L. Welsh who proved to me on the basis of satisfactory evidence to be the person(&) whose name( is/ subscribed to the within instrument and • acknowledged to me that tie/she/1,1h.oyAexecuted the same in bis/herfthek authorized capacity(i+es), and that by Ws/her/the* signature() on the instrument the person(), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Signature + ff y r , ir1 �.Il.11_ �r POWER Federal insurance Company Attn: Surety Department ILI Chubb OF Vi slant insurance Company 15 Mountain View Road Sure ATTORNEY 9 p Y Pacific Indemnity Company ny Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin Corporation, do each hereby constitute and appoint Donna J.Frowd, Michael Brophy McGowan, Susan J. McGowan, Debbie L. Welsh and Donna L. Welsh of Novato, California «-- each as their true and lawful Attorney- In- Fact to execute under such designation In their names and to aft their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, sold FEDERAL INSURANCE COMPANY NY, VIGILANT INSURANCE COMPAand PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seats on this 23rd day of November, 2011. STATE OF NEW JERSEY County of Somerset ss. of before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by autaortly of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of sold Companies by like authority; and that he is acquainted with David B. Norris. Jr., and knows him to be Vice President of sold Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David S. Norms. Jr., and was thereto subscribed by authority of said By - Laws and In deponenrs presence. On this 23rd day of November, 2011 known to be Assistant Secretary of FEDERAL INSURANCE Notarial Seat Extract from the By- KATHERINE I ADEL4AR NOTA6 HOC or. IVEW 1 fk8M AIe. 2316685 u1y 14. 201d CERTIFICATION INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ail powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Viva President or an Assistant Vice President, Jointly with the Secretary or an Assistant Secretary, under their respective designagons. The signature of such oftioers may be engraved, printed or lift9raphed. The signature of each of the following oflioers: Chairman, President, any Moe President, any Assistant lice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory In the nature thereof, and any such power of attorney or cer ifroate bearing such facsimile signature or facslrnile seal shall be valid and binding upon the Company and any such power so executed and certifled by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY (the'Companieso) do hereby certify that Q) the foregoing extract of the By- Laws of the Companies is We and corrA4 pi) the Companies are duly licensed and auftdzed to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Depefterit dither, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (10) the foregoing Power of Attorney is true. correct and In full force and effect. Given under my hand and seals of said Companies at Warm, NJ this 19 th day of June, 2013. IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 36W e-mail: -suretydlchubb.com Form 15-10- 02258- U (Ed. 5- 03) CONSENT Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael Brophy Mc Gowan, Donna L Welsh, Donna J Frowd, Debbie L welsh, Individually of Novato, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In witness whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 24th day of October, 2012. WESTERN SURETY COMPANY T. Bruflat, Vice President " State of South Dakota ss County of Minnehaha On this 24th day of October, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the -act and deed of said corporation. My commission expires June 23, 2015 J. MOHR IkMSOUTH NOTARY PUBLIC DAKOTA ..JJ 4MM��Mh+�hyt�►�►h�+�+bMs�M� CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 19 th day of June 2013 01 c'r �►.�•��••••�.co WESTERN SURETY COMPANY a4or� ; s�A , MG V,'7o_/A irVt� 1ir L. Nelson, Assistant Secretary Form F4280-7-2012 City of Tamarac Purchasing and Contacts Division . CERTIFIED RESOLUTION _ Assistant I, R C. Wilson (Name), the duly elected Secretary of Cardinal Contractors, lnc. (Corporate Title), a corporation organized and existing under the laws of the State of Ftdda „_ _,_, do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT William J. McDevitt (Name)", the duly elected President (Title of Officer) of Cardinal Contractors, Inc. (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Sid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. It NAME William J. McDevitt TITLE Presidnet SIGNATURE Given under my hand and the Seal of the said corporation this �_ day of MAn?. 20,+a. (SEAL) By:, NOTE: Robin C. Wilson Assistant Secretary 5365 Stirling Road i Fort Lauderdale, FL 33316 State of Inc. - Florida Title The above is a suggested form of the type of Corporate Resolution desired: Such form need not be followed explicitly, but the Certified Resolution 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 properly empowered by the corporation to do so in its behalf. 49 CERTIFICATE OF LIABILITY INSURANCE °"T „" 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(ies) 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 MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. 818 Town & Country Blvd, Suite 500 Houston, TX 77024-4549 INSURED Cardinal Contractors, Inc. 10405 Technology Terrace Lakewood Ranch, FL 34211 I ; ,^^'�.� 713-877-8975 I ;';r u,. 713-877-8974 i INSURER(S) AFFORDING COVERAGE INSURER A :Zurich American Insurance Company INSURER a :American Zurich Insurance Company INSURER C :National Union Fire Insurance Company of INSURER D : INSURER E : F: COVERAGES CERTIFICATE N1UMBER:Q9R5NAWY REVISION NUMBER: NAIC # 40142 PA I 19445 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 INSR WVD POLICY NUMBER POLICY EFF I POLICY EXP MMIDD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO. LOC JECT F1A GLO 5490287-01 SIR: $250,000 02/28/20 3 02/28/2014 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGO $ 4,000,000 $ AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS ON -OWNED AUTOS BAP 5490286-01 02/28/2013 02/28/2014 COMBINED SINGLE LIMIT Ea accident 2.000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ accident Physical Damage Ded. 2,500 C X UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE DED I X RETENTION $10.000 BE37709396 02/28/2013 02/28/2014 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ A WORKERS COMPENSATION B AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC 5490288.01 WC 5490290-01 EWS 5490291-01 SIR: $250.000 02/28/2013 02/28/2014 X WC STATU- TORY LIM ITS, OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ '1,000,000 E.L. DISEASE •POLICY LIMIT $ 1.000.000 $ i s DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION 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 For Information Purposes Only 1 Page 1 of 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 0 O r M Q tL OF N W SO () (3) C* W I Ix W tow 0 W O0 a w co)�CO) Z LL C) ooiC m .d) T --J CV it Val o ' �V o w �a .w Z �O o «� V >0 � <o (^ < > o¢ ce co ao LO 0 8 COL) H too U WR 9 PC QD ri o U �.+ Q. 'Q F � y OG 4) m z H to O 0) co as 40 � 441 ao M � U H U es to . f 0? 000 d� U C�. � C OU o CE o x m ,Val W r0 r 0 w N 0 co Ln Ln rn a YC a in `p o � CL rn c r- ui z ,.B E ai N '0 2 tsc�r�na�a� oV,o slow0N •V L M N C o o y o D c t •' p 7 N � C Q T4 o LL m N rl N r ri E C: ois 0 3 Of 41 CoIY.fi 2 a x v •t3 •� o c v c o .o���c� tars-� } �? ,c cc �� a s .0 �-r-E a .� c=aoa �. co �'E�c C _ C O few o � C +N o a. , to�N v r. CL to a `E c • c E �.�.�U.-mac m.E'c N E FE 0 © 0 o y d • z a' w N c t- 0. �LLG �W Lie�- � � �' E MOOQ H o x z E.- W Q .. > a u G "• CO) O J s w 0 a in W � `� H o Z x 1t1 � a a � H O m C� N N ry State o ( Florida Department of State I certify from the records of this office that CARDINAL CONTRACTORS, INC. is a corporation organized under the laws of the State of Florida, filed on November 19, 2003. The document nwnber of this corporation is P03000135967. I further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on May 10, 2013, acid its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under any hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty --ninth dalr of Mav, 2013 Secretary of State Authentication ID: CU5132786361 To authenticate this certificate,visit the following site,enter this 11), And then follow the instructions displayed. https://efile.sunbiz.org/certauthver.htmi AC#6180804 STATE OF FLORIDA DEPARTMMT AM O� SEQ#L12070200990 BATCH NUM'BERirICENSE XBR 07 02 2012 1.20002656 JCGC034089 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS . Expiration date: AUG 311 2014 MCDEVITT, WILLIAM J CARDINAL CONTRACTORS INC 10405 TECHNOLOGY TERRACE LAKEWOOD RANCH FL 34211 RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY 91-111 City of Tainarac . 11PONTO Purchashig and Contiacts Division TRENCH SAFETY FORK! Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE UNITS OF UNIT UNIT COST EXTENDED Qescr`igtionj MEASURE (Qty) COST (LF/SF) A. $ a . OC> $ TOTAL $ 44\0D • 00 If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5')* in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Sub -article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL --TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. ACKNOWLEDGEMENT STATE OF: Florida COUNTY OF: Manatee William J. McDevitt, President Cardinal Contractors, Inc. (Signature) 5365 Stirling Road Fort Lauderdale, FL 33314 State of Inc. • Florida PERSONALLY APPEARED BEFORE ME, the undersigned authority, Y m J. McDevitt. Proident (Name of individual Signing) affixed his/her signature in the space provided �`Y p Notary Public State of Florida Cynthia I Appel My Commission EE031932 OF Expires 10/04/2014 who, after first being duly sworn by me, la i. Appel NOTARY PUBLIC My Commission Expires: 10/04/2014 50 City of Tainarac Purchasing and Con(7acts Division ELECTRONIC FILE(S) DISCLAIMER City of Tamarac and Eckler Engineering, Inc. (EEI) will provide electronic files for CONTRACTOR's convenience and use in the preparation of CONTRACTOR's bid related to Water Treatment Plant Emergency Generator Replacement, subject to the following terms and conditions: EEI's electronic files are compatible with Adobe Reader. EEI makes no representation as to the compatibility of these files with CONTRACTOR's hardware or CONTRACTOR's software. Data contained on these electronic files are part of EEI's instruments of service and shall not be used by CONTRACTOR or anyone else receiving these data through or from CONTRACTOR for any purpose other than as a convenience in the preparation of CONTRACTOR's bid for the referenced project. Any other use or reuse by CONTRACTOR or by others will be at CONTRACTOR's sole risk and without liability or legal exposure to EEI. CONTRACTOR agrees to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against EEI, our officers, directors, employees, agents or subconsultants that may arise out of or in connection with CONTRACTOR's use of the electronic files. Furthermore, CONTRACTOR shall, to the fullest extent permitted by law, indemnify and hold EEI harmless against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising out of or resulting from CONTRACTOR's use of these electronic files. These electronic files are bidding documents. Differences may exist between these electronic files and corresponding hard -copy construction documents. EEI makes no representation regarding the accuracy or completeness of the electronic files CONTRACTOR receives. In the event that a conflict arises between the signed and sealed hard -copy construction documents prepared by EEI and the electronic files, the signed and sealed hard -copy construction documents shall govern. CONTRACTOR is responsible for determining if any conflict exists. By CONTRACTOR's use of these electronic files, CONTRACTOR is not relieved of CONTRACTOR's duty to fully comply with the contract documents, including, and without limitation, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate CONTRACTOR's work with that of material/equipment suppliers and/or sub -contractors for the project and to be sure that all pages of the documents have been received. Because information presented on the electronic files can be modified, unintentionally or otherwise, EEI reserves the right to remove all indicia of ownership and/or involvement from each electronic display. EEI makes no warranties, either express or implied, of merchantability and fitness for any purpose other than bidding this project. In no event shall EEI be liable for any loss of profit or any consequential damages as a result of CONTRACTOR's use or reuse of these electronic files. Cardinal Contractors, Inc, — - ww ■ w� w. n. i i ■..ter Bidder'4 CQm pany Name J r William J. McDevitt, President ��www ■ n— �. Signature of Authorized Agent of Bidder 5365 Stirling Road Name and Title (Printed) Fort Lauderdale, FL 33314 State of Inc. - Florlda V/ ........ ....... ...................... .......�................ �........ a t 1 AGREEMENT BETWEEN THE CITY OF TAMARAC i CARDINAL CONTRACTORS, INC. THIS AGREEMENT is made and entered into this o day of , 2013 by and between the City of Tamarac, a municipal corporation with pancipal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Cardinal Contractors, Inc., a Florida corporation with principal offices located at 10405 Technology Terrace, Lakewood Ranch, FL 34211 (the "Contractor") to provide for removal and replacement of the existing standby emergency power generator, fuel tank, and main electrical gear at the City's Water Treatment Plant, removal/replacement of the fuel tank and main electrical gear at Grant's Plaza Water Booster Station and SCADA system improvements at the Water Treatment Plant, Grant's Plaza and Tract 27 Water booster stations. 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. 13-16B, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid, 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 13-16B as issued by City, and Contractor's Proposal, 13-16B 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. 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 scope of work, as outlined in the contract documents. 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 7 Agreement 'R 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 p g 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, 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 shaft 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 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 substantial completed within (335) calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 4.2 During the pre -construction portion of the work hereunder, the parties Agreement 0 4 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 the 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 the 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 the time for substantial completion hereunder and any resulting increase in general condition costs. 5) contract Burn The Contract Sum for the above work is One Million Three Hundred Nineteen Thousand Dollars and no cents ($1,319,000.00). 5) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until 50% of the project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the 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 the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part V11, Chapter 218. T) 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 .......... . 3 ,agreement 0 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 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 It 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. 8.6 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 4 Agreement 1 A. been issued, the 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 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 an time in the progress of the Work by labor disputes, fire, unusual delay in y y �� deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which y 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 ranted for delays resulting from normal weather conditions prevailing g y 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 5 Agreement 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. 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 one (1) year 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 document. 12) Indemnification 12.1 The Contractor shall indemnify and hold harmless the 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 the 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 the 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 the 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 shall not discriminate against any employee or applicant for employment because. of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. 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 Agreement r 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's 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 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 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 Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 Agreement CONTRACTOR Cardinal Contractors, Inc. 10405 Technology Terrace Lakewood Punch, FL 34211 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 (ag) 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. 21) 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 extent of such prohibition or unenforceability without invalidating remaining provisions hereof or affecting 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 of the remainder of this Agreement. $ Agreement r 16 . 4 22) Uncontrollable Circumstances 211 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 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. 22.2 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. 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 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. 25) 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. Agreement 0 r 26) Public Records 26.1 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: 26.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 26.1.2 Provide the public with access to such public records on the same terms s 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; 26.1.3 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 . 26.1.4 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. 26.2 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 17, "Termination", herein. Balance of Page Intentional Left Bunk 10 Agreement T 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, CM City clerk Date ATTEST: CITY o Talabis chael C. Cernech, City Manager 8. CD .13� Date foffi(ancKebpl sufficiency: City Attorney - ?".. 5- - 13 Date CARDINAL CONTRACTORS, INC. Company Name `) Signature of Corporate Secretary..- Ass;S**signature Robin C. Wilson Type/Print Name of Corporate Secy, (to-ORIP-ORATE SEAL) . - I,,�4= William J. McDevitt Type/Print Name of President 5 1 Agreement CORPORATE ACKNOWLEDGEMENT r STATE OF :SS COUNTY ■ OF r • 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 William McDevitt, of Cardinal Contractors, Inc., a Florida Corporation, to me known to be the described in and who executed the foregoing instrument and person(s) acknowledged before me that he/she executed the same.. WITNESS my hand and official seal this r day of 2013. Signature of Notary Public 0-89afte""S State of Florida at Large EN �Raes�r MY COMMISSION # FF 028M EXPIRES: octdmr 8, 2016 Bond TM Notary Pu* 1ln*!Wdh ■ Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type I.D. Produced yp DID take an oath, or DID NOT take an oath 12 agreement