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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-0311 Temp. Reso. #12002 March 3, 2011 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 11-09B TO AKERBLOM CONTRACTING, INC., AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND AKERBLOM CONTRACTING, INC., FOR AN AMOUNT OF $201,126.00 FOR THE PUMP STATIONS 2A1 AND 26 REHABILITATION PROJECT; A CONTINGENCY IN THE AMOUNT OF $20,000.00 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL AMOUNT OF $221,126.00; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains eighty-three (83) wastewater pump stations; and WHEREAS, wastewater Pump Stations 2A1 and 26 are two critical wastewater pump stations in the City of Tamarac serving Westwood 17 (Vanguard Village) and Westwood 3 and are located at 7600 NW 70th Avenue, and 7200 Westwood Drive, respectively ("Exhibit A"); 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 systems to all residents and customers of the City, Pump Stations 2A1 and 26 Rehabilitation Project was recommended, approved and funded as a FY 2011 Capital Improvement Project titled "Wastewater Pump Station Renewal"; and Temp. Reso. #12002 March 3, 2011 Page 2 of 5 WHEREAS, the Utilities Department's Engineering Division completed the design, bidding and construction documents for Pump Stations 2A1 and 26; and WHEREAS, the City of Tamarac publicly advertised Bid No.11-09B, Pump Stations 2A1 and 26 in the Sun Sentinel on January 23, 2011 and January 30, 2011 (incorporated by reference and on file in the office of the City Clerk ); and WHEREAS, the City solicited competitive sealed bids and on February 24, 2011, received, opened and reviewed fourteen (14) bids as follows: COMPANY NAME TOTAL BID $ Akerblom Contracting, Inc. 201,126.00 South Florida Utilities, Inc 215,037.90 Intercounty Engineering 218,360.00 TLC Diversified, Inc. 218,810.00 Infrastructure Restoration 222,399.00 Hinterland Group, Inc 229,586.00 Governor Construction 236,010.00 Trio Development Corp. 244,260.00 Metro Equipment Services 273,150.00 GPE Engineering Corp 297,988.37 HECOL, LLC 309,430.00 Wrangler Construction 312,842.00 H.A. Contracting Corp 323,015.00 R&G Engineering, Inc. 460,010.00 and; 1 Temp. Reso. #12002 March 3, 2011 Page 3 of 5 WHEREAS, Akerblom Contracting, Inc., was deemed the most responsive and responsible bidder ("Exhibit B"); and WHEREAS, approved funds are available in the Utilities Operational accounts; and WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 11-0913, Pump Stations 2A1 and 26 Rehabilitation Project to Akerblom Contracting, Inc., and execute an agreement with Akerblom Contracting, Inc., for a contract cost of $201,126.00, and a contingency in the amount of $20,000,00 will be added to the Project Account, for a total project budget of $221,126.00 for the rehabilitation of the stations; 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. 11-09B, Pump Stations 2A1 and 26 Rehabilitation Project, to Akerblom Contracting, Inc., and execute an agreement with Akerblom Contracting, Inc., for a contract cost of $201,126.00, and a contingency in the amount of $20,000.00 will be added to the Project Account, for a total project budget of $221,126.00 for the rehabilitation of the stations; and 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. The exhibits attached hereto are incorporated herein and made a specific part of this resolution. Temp. Reso. #12002 March 3, 2011 Page 4 of 5 SECTION 2: The award of Bid No. 11-0913, Pump Stations 2A1 and 26 Rehabilitation Project, to Akerblom Contracting, Inc., is hereby authorized. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement with Akerblom Contracting, Inc., ("Exhibit C") as part of said award. SECTION 4: An expenditure for a contract cost of 201,126.00, and a contingency in the amount of $20,000.00 for a total project budget of $221,126.00 is approved to be funded from the appropriate budgeted Utilities Operational accounts. SECTION 5: The City Manager, or his designee, be authorized to make changes, issue Change Orders not to exceed $30,000 per Section 6-156(b) of the City Code, and close the contract award including, but not limited to, making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. 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. 1 E 1 �7 L L SECTION 8: passage and adoption. Killiimp A Temp. Reso. #12002 March 3, 2011 Page 5 of 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this c�3 day of , PETER M. J. CITY CLERK. RDSON, CRM, CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL . GOREN CITY ATTORNEY a" �;.// PAMELA BUSHNELL MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 2: V/M GOMEZ DIST 3: COMM. GLASS DIST 4: COMM. DRESSLER ell No Text AS V, No mv 10 A IN "I., oil Vw! AA W v 4WA 1 do MW imp, w k Pik SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE — Room 108 TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 11-09B BID TITLE: PUMP STATION 2A1 AND 26 REHABILITATION BID OPENING DATE/TIME: FEBRUARY 24, 2011 AT 3:00 PM BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3569 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: FEBRUARY 10, 2011 @ 10:OOAM, ROOM 106 BONDING: 5% Bid Band, 100% Payment/Performance Bond Bid Pkg Cost: $50.00 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 or in the special conditions of the bid. Any and all special conditions that may vary from these general conditions shall prevail over any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. 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: T"M COMPANY ADDRESS: G COMPANY PHONE: C Jam'" _ t NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: r QLO L , � BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: L! Qr7 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. "EXHIBIT B" TR #12002 City of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): t r 6�(0)+0 1ffi ,T ►f, Phone: �S��— �� Y _ Fax: �C1 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. EJCarefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2,aProperly fill out the Bid Forms and the Schedule of Bid Prices, 3. [ill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. [,, Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. EFill out the Bidder's Qualification Statement. 6. [ Fill out the References page. 7. [Sign the Vendor Drug Free Workplace Form. 8, VFill out the List of Subcontractors. 9. [ Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10, [ Fill out and sign the Certified Resolution, 11. Include proof of insurance, 12, [2"I'nclude copy of State Certified or County Competency License(s) 13. Trench Safety Form, if applicable. 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 nonresponsive, THIS SHOULD BE THE FIRST PAGE OF YOUR BID, r 'Ll City of Tamarac Purchasing and Contracts Division BID FORM Blbf NO. 11-09B PUMP STATION 2A1 AND 26 REHABILITATION The City of Tamarac is hereby requesting Bids from qualified contractors for work which consists of the Contractor furnishing all labor, materials, tool's, and equipment necessary, as indicated in the specifications herein and generally to include rehabilitation of existing City of Tamarac Pump Stations 2A1 and 26. The rehabilitation of the pump stations shall include, but not be limited to, demolition, by-pass pumping, pumps and motors, valve boxes, mechanical piping, electrical and control equipment installation. Construction also includes dewatering, MOT's, complying with permit conditions, testing and restoration work for a complete and operating system as well as all appurtenances and other incidentals as indicated by the drawings and specifications or as required to properly complete the projects as planned. To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses or any license that can meet, exceed, or legally perform the scope of work, as determined by state or county licensing agency. State: Certified General Contractor license, as defined by F.S. 489,105 3a with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. OR County: A Broward County Competency Engineering Contractor Class A license with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost.. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay items is located in Section 01025 of the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. SCH-1 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. Item No, Quantity Description Total Price Lump Sum For furnishing all labor, tools, equipment, construction, including but not limited to mobilization, site preparation, protection of existing utilities, excavation; complying with the Trench Safety Act (TSA); and all other appurtenant and miscellaneous items for Pump Station 2A1 Rehabilitation field verification of s 1-7 existing tie-in force main, the aggregate sum of: 2 Lump Sum For furnishing all labor, tools, construction, equipment, supervision, bond, insurance, other miscellaneous costs, overhead and profit required for a complete, satisfactory and fully functional installation of new submersible pumps, piping and $ �"Q O©Q" 06 valves as shown on the drawings for Pump Station 2A1 Rehabilitation, the aggregate sum of: 3 Lump Sum For coating the inside of the Wet Well and Valve Box at Pump Station 2A1 according to plans and specifications, the aggregate sum of: $ 4. Lump Sum For furnishing, operating, maintaining and removing a by-pass pumping system at Dump Station 2A1, the aggregate sum of: $ 5 Lump Sum For installing an electrical control panel provided by the City for Pump Station 2A1 as shown on the drawings and in accordance with the specifications, the aggregate sum of: $ f47 QD p Q 6 Subtotal For the sum of Items 1 through 5 , which constitute the total cost of the Pump Station 2A1 Rehabilitation: / 716, Q� SCH-2 Bid Form B Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division Item No. Quantity Description Total Price 7 Lump Sum For furnishing all labor, tools, equipment, construction, including but not limited to mobilization, site preparation, protection of existing utilities, excavation; complying with the Trench Safety Act (TSA); and all other appurtenant and miscellaneous items for Pump Station 26 Rehabilitation field verification of � 1 ��0. 00 existing tie-in force main, the aggregate sum of: mm f —�-- 8 Lump Sum For furnishing all labor, tools, construction, equipment, supervision, bond, insurance, other miscellaneous costs, overhead and profit required for a complete, satisfactory and fully functional installation of new submersible pumps, piping and',. valves as shown on the drawings for Pump Station 26 Rehabilitation, the aggregate sum of: 9 Lump Sum For coating the inside of the Wet Well and Valve Box at Pump Station 26 and fencing according to plans and specifications, the aggregate sum of: $ 10 Lump Sum For furnishing, operating, maintaining and removing a bypass pumping system at Pump Station 26, the aggregate sum of: $ _kxeo r De) 11 Lump Sum For installing an electrical control panel provided by the City for Pump Station 26 as shown on the drawings and in accordance with the of: 1 6 d specifications, the aggregate sum s 12 Subtotal For the sum of Items 7 through 11 which constitute the total cost of the Pump Station 26 -A V Rehabilitation: 13 CONSIDERATION FOR INDEMNIFICATION OF CITY $ 10.00 14 ! e) TOTAL BASE BID (ITEMS 6,12, ANc13) $ We propose to furnish the following in conformity with the specifications and at-thg above 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. BID FORM 5CH-3 did Morn & SCneoule or trio Ynces r L;� , City of Tamarac Purchasing and Contracts Division ___.__._.�_��.�....�__.__. ___._ ► ► � ► (continued) BID NO. 11-09B PUMP STATION 2A1 and 26 REHABILITATION Submitted by: 0&c6lom (AY 9ZY . Date P � . THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88t" Avenue Tamarac, Florida 33321 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. 5CH-4 Bid Form & Schedule of Bid Prices AA City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 11-098 PUMP STATION 2A1 AND 26 REHABILITATION 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. � &,qt� ak:LA�- arized Signature Z;ac 1 nee- fir- Typed/Printed Name (isq) Z-Lt-1-76�,_ _ Telephone r Company "2 cal , 9 W 7-S —FPrr-rr-9 Address City, State, ZIP Cci54) -79 59- 21(o3ZOD Fax Federal T x ID Nu ber C� v 61Sv- C LAC0 S �6 r-a coo G. M cpc ILI Z--7 66 O Email address for above signer (if any) Contractor's License Number SCH-5 Bid Form & Schedule of Bid Prices � � 1 Purchasing and Contracts Division BID FORM (continued) BID NO. 11-09B PUMP STATION 2A1 and 26 REHABILITATION Bidder's Name: TERMS: — % (percent discount, if any, if payment made within _ _DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed, but in no event shall completion time exceed 90 calendar days for Substantial Completion. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at 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. 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 the City of Tamarac's vendor listing. Will Contractor accept Credit Card Payment: Yes Now_ SCH-6 Bid Form d Schedule of Bid Prices ) 0 ., City of Tamarac _ Purchasing & Contracts Oivision T NON -COLLUSIVE AFFIDAVIT State of Rb(1`C�� ) �_g County of BCQA-x.) ) )55, "a- ci nraa rCD t- i being first duly sworn, deposes and says that: He/,sip is the t (Owner, Partner, Officer, Representative or Agent) of A&rbi vVikw, the Offeror that has submitted the attached Proposal; 5. He/s is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 6. Such Proposal is genuine and is not a collusive or sham Proposal; 7. 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; 8, 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 afflant. Signed, sealed nd delivered in the presence of; _._ — � w R. (�._._7 By � Witness Witness`- Printed Name 4�N c as V! ( e Sl f ✓� Title Sol � ,atY 'gym EY.R`�e� p4 6 oA3 pss°. cp �psoa0 / ar o a 43 A I City of Tamarac and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of 0r0WC_yTJ On this the Zgday of i2 20 I i , before me, the undersigned Notary Public of the State of Florida, personally appeared a'P"y)6Q nKQ Hotuz k 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: Pate ox g� ,,q Huai+ My �a mess\o�Na�`ooa� 3= G�¢athtio09 i '_". 1-4 NOTARY PUBLIC, STATE OF FLORIDA (Nana of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or E Produced identification: (Type of Identification Produced) ❑ DID take an oath, or IR DID NOT take an oath te City of Tamarac and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item (s)/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 ❑ CORPORATION Y OTHER ❑ If "Other", Explain: ?� »A t' orized Signature Typed/Printed Name C gscc) .: - t -7 Telephone 950 "79 t- 9 2R- Fax Email a —r ress for above signer (if any) IM L .. s �.A ■tR I ■ Address Fo,r,4 L AL<Gto aka a Ft. 3331a City, State, ZIP Sq- � 69 4 3'6 07 - -- Federal Tax ID Number Q-PC 142-77('60 Contractor's License Number 45 r 4 Purchasing and Contracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: ,,Name of Company _LT&LUArvi ('�,44crtf-t +e Address ""LC> S Ire 2 City State Zip i2of + (�� w. a t� 31 Telephone - .a H - ( -1 Fax Number � q r '791—q-72i 1. How. many years has your organization been in business under its present name? 24, Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? ill nIna -. List former address(es) of that business (if any). 4. Are you Certified? Yes Q'J No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No [1 if Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer [�- of the commodities/services bid upon? t4I Pc 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ['No ❑ If yes, explain (date, service/project, bid title etc.) 9 Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No Rif yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No Eg If yes, explain: 46 bi of Tamarac I 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 ar° (s�A.0�'cf.-�"C- Agency/Firm Name: Address City State Zip Phone/Fax Contact Name AgencylFirm 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 47 P- 4,O qW Purchasing and Contracts Oivision 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 with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - 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. 9. 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. 10. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 11. 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 polo 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 that five (5) days after each conviction. 12. 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. 13_ 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. r orized Signature 48 R1 M � A hr7 1FM Company x 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-half 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 % Total Contractor Subcontractor Contract license No. Name/Address 49 ) P r CERTIFIED RESOLUTION Purchasing and Contracts Division I, < (Name), the duly elected Secretary of rporate Title), a corporation organized and existing under the laws of the State of 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 RESOLVP THAT ,C,C�sanq�c� (Name)", the duly elected (Title of Officer) of ' c. (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 Bid, 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. NAME TITLE SI4 _QN "" ! ! 1. ! • • A �1'f' - � I �, � [ � �a, Given under my hand and the Seal of the said corporation this Z4 day of Ve bf LAA4 2011. (SEAL) By: Secretary Corporate Ve, NOTE: 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. 50 of Tamarac TRENCH SAFETY FORM & Contracts Division 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 (Description MEASURE (Qty) COST (LF/SF) B . -45 406 ivy/57 $ Do $ C. $ $ D. $ $ TOTAL. $ . •► C 7 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 Subarticle 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. DATE: R6 waf. Q&Y&O, ignature) ACKNOWLEDGEMENT STATE OF: 6 Y � COUNTY OF: " r�' PERSONALLY APPEARED BEFORE ME, the undersigned authority, �"0'"�a� Fpr ri�4/cw. KEy-Al4EN iotlda State�o{� 20t2 Notary PuU Xpires 5 p t' YOA1111, My Gomm. t ion # p4 8o n pas �+ r Gom Bone Thtoo9h Naliona n Y�,a P�)4 CLl �&n who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this 2hday of P-1 • 20 f NOTARY PUBLIC Z�I) My Commission Expires: 51 ALif . b-Jj'b 4 1 .0 -STATE OF FLQRIDA'. 14 ...... s-rATr= OF FLORIDA /Auff -tmjjuuco DEPAliTMENT :OF BUSINESS AND PROFESSIONAL REGULATION QB45 3 a V 08/11/09 090073052, QUALIFIED BUSINESS ORGANIZATION. AKERBLOM CONTRACTING INC (NOT A LICENSE TO PERFORM,WORK. ALLOWS COMPANY TO DO BUSINESS IF IT HAS A LICENSED QUALXFtER.) IS QUALIFIED under the ProViSio.n. f Ch.48.9 Fs xxpir4ktiou data ,'A,uG 13 i, toll L0908i1.02571 .................................... SrATE;Of FLORIDA' AV4 FA T ! r City of Tamarac _ _ _ Purchasing & Contracts Division ._ STATE OF FLORIDA) )SS: COUNTY OF BROWARD) F--31TI6T►T27 Bond# LX86042 KNOW ALL MEN BY THESE PRESENTS, that we, Akerblom Contracting, Inc. as Principal, and Lexon Insurance Company 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: Fifteen Thousand & 00/100------------ --------- .------ Dollars ($15,000.00 _) lawful 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 IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 20 , for: Bid No. 11.09B 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 that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. 58 City of 7'cwnarac Purchasing & Contracts Division ACKNOWLEDGEMENT BID BOND Signed and sealed this _ _nrd day of February 2011 (AFFIX SEAL) rr ':7- WITNESS: AVEW: *Impress Corporate Seal Fx] Akerblom Contracting, Inc. Principal Car . Akerblom, President 2064 S.W. 28th Terrace Business Address Fort Lauderdale FL 33312 City/State/Zip 954 792-3599 Business Phone Lexon Insurance an Surety"' Burton Harris Attorney -In -Fact Title Attorney-Jact* Burton Harris, Fla. Resident Agent# A111883 t I 1 POWER OF ATTORNEY LX - 186042 8604 L,exon Insurance company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Burton Harris, Christine Harris; Marina Ramil * * * * * * * * * * * * * * ** its true and lawful Attorney(s)-in-Pact to make, execute, seal and deliver for; and on Its behalf as surety, any and all bonds,,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2000 as follows; Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies; •contracts of indemnity or other writings obligatory in. nature of a bond not to exceed $2,500,g00.00, Two -million .five hundred'thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of..the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executedand acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed.; may be removed for good cause and the authority so granted may be revoked as specified in the Power' of Attorney. Resolved, that the signature.of the President and the seal of the Company may be affixed by facsimile on any power'of attorney granted, and the signature of the Vice, President, and the seal of the Company may be affixed by facsimile to anycertificate of any such power and any such power or certificate bearing such tacsimile signature and seal shall be valid and, binding. on the. Company.; Any such power so executed and sealed and :certificate so executed and sealed shall, With respect to any bond,of undertaking to whichit is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this, instrument to be signod by its President., and Its Corporate Seal to be affixed this 21st day of September, 2009, A TEXAS INSURANCE COMPANY ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY David E. Campbell President On this list day of September, 2009, before me, personally came David, E. Campbell to rime known, who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described In and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority ot'his office under the By(aws of said corporation. "OFFICIAL SEAL" i MAURE'EIN X AYE Notary Public, State of'Illinois My Commission Expires 09J211 3 Maureen K: Aye CERTIFICATE: Notary Public I, the underslgn'ed, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing Is a true and correct copy; is In full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Woodridge, Illinois this 23rd Day of February 20. E A TEXAS INSURANCE' COMPANY a�t4d J\l, &Z� Donald D, Buchanan. $8cretary "WARNING; Any person who knowingly and with intent to defraud any Insurance company or other person, files an application for insurance or statement of claim containing any materially false information, or conceals for the purpose of misleading, Information concerning any fact materi- al thereto, commits.a fraudulent insurance.act, which Is'a crime and subjects such person to criminal and civil penalties" LAI www.sunbiz.org - Department of State Page 1 of 2 Home Contact Us E-Filing Services Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Profit Corporation AKERBLOM CONTRACTING, INC. Filing Information Document Number H91923 FEI/EIN Number 592643807 Date Filed 12/26/1985 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/25/1995 Event Effective Date NONE Principal Address 2064 SW 28TH TERR. FT, LAUDERDALE FL 33312 Changed 03/21/2009 Mailing Address 2064 SW 28TH TERR. FT. LAUDERDALE FL 33312 Changed 03/21/2009 Re istered A ent Name & Address AKERBLOM, CARL E PDC 23401 SW ARROWROOT ST INDIANTOWN FL 34956 US Name Changed: 03/21/2009 Address Changed: 03/21/2009 Officer/Director Detail Name & Address Title PDC AKERBLOM, CARL E PDCT 23401 SW ARROWROOT ST INDIANTOWN FL 34956 US Title VDCT AKERBLOM,JEANNE 23401 SW ARROWROOT ST INDIANTOWN FL 34956 US Document Searches Forms Help Entity Name Search Submit http://www. sunbiz. org/scripts/cordet. exe?action=DETFIL&inq_doc—number=H91923 &in... 2/25/2011 x .✓< s www.sunbiz.org - Department of State Page 2 of 2 Annual Reports Report Year Filed Date 2009 03/21 /2009 2010 01/09/2010 2011 01/09/2011 Document Ima es 01/03/2011 -- ANNUAL REPORT View ima a in PDF formaf 01/09/2010 --ANNUAL REPORT View ima e In PDF format 03/21/2009 ANNUAL, REPORT View image in PQF format 02/07/2008 --ANNUAL REPORT View ima • e in PI7F format. 03/28/2007 -- ANNUAL REPORT View image in PD;F format 03/29/2006 - ANNUAL REPORT View image in PPF format . 02/21/2005 - ANNUAL REPORT View image in PDF format 02/23/20 4 -- ANNUAL REPORT VipW image in PDF format. 04/14/2003 -- ANNUAL REPORT Vi!yw image in PDF format 05/23/2002 ANNUAL REPORT In image in PDF forrtfat, 05/07/2001 - ANNUAL REPORT View image in PQF format 05/16/2000 -- ANNUAL REPORT View ima a in PDF format. . 0 /03/1999 ANNUAL REPORT View Image in PDF format 05/20/1998 --ANNUAL REPORT View image in PDF format 03/17/1997 -- ANNUAL REPORT View ima tin PDF format 02/07/1996 --ANNUAL REPORT View ima a in PDF format Note: This is not official record. See documents If question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Iion,ie I Contact. us I Document Searches I E-FIllnq Services I Forms I Help Copw-ignM) and Privacy Policies State or Florida, Dei,ierrtrnrint of State http://www, sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=H91923 &in... 2/25/2011 DBPR - AKERBLOM, CARL E; Doing Business As: AKERBLOM CONTRACTING I... Page 1 of I 7:24:31 AM 212&2011 Licensee Details Licensee information Name: AKERBLOM, CARL E (Primary Name) AKERBLOM 'CONTRACTING INC (DOA Name) Main Address: 2064 SW 28TH TERRACE FORT LAUDERDALE Florida 33312 County: BROWARD License; Mailing: LlcenseLocation: License information License Type: Rank: License Number: Status: Licensure Date: Expires: Special Qualifications Construction Business Certified General Contractor Cert General CGCOSS076 Current,Active 03/20/1992 08/31/2012 Qualification Effective 02/20/2004 View Related License information View License Complaint Contact Us :: 194e1 North Monroe Street, Tallahassee Fl 32399 :: Cali.Center db r.state.fLus :: CustomerContact Center: 850,487..1:395 The State of Florida is an AA/EEO employer. copyright 2007-2010StAtq Of Florida. Prlvacv 5tatmmsnt Under Florida law, e•mall addresses are public records. If you do not want your e-mail address released in response to a public -records request, (lo not ,end electronic mail to thi; entity. Instead, contact the affh:e by phone or by traditional mail. If you have any que.5tlons I'e9al'ding dfipi2,'s ADA web accessibility, please c0"Aactoul' Wei) Mas'tej at w4Rbmagt%r0dPjjr.sLqjq https://www.myfloridalicense.com/LicenseDetaii.asp?SID=&id=3B69C255F] 54EA268C2... 2/25/2011 ticensing Portal - License Search Page 1 of 1 7.'24:12 AM 212512011 Data Contained In Search Results Is Current As Of 02/25/2011 07:22 AM Search Results Please see our glossary_ of, terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. License Type Name Name license Number/ Status/Expires Type Rank Certified General AKERBLOM CONTRACTING DBA CGC055076 Current, Active Contractor INC Cert General 08/31/2012 Main Address*: 2064 SW 28TH TERRACE FORT LAUDERDALE, FL 33312 Certified General AKERBLOM,,CARL E Primary CGCO55076 Contractor Current, Active Cert General 08/31/2012 Main Address*-. 2064 SW 28TH TERRACE FORT LAUDERDALE, FL 33312 * denotes Main Address - This address Is the Primary Address on file, Mailing Address - This is the address where the mall associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business Is physically located. Contact Us :: 1940 North Monroe Street Tallahassee FL 32399 :: CaII.Center@dbpr,state,fI.us : ; Customer Contact Center: $50.487.1395 The State of Flurida is an AA/EEQ empluyer. copyright 2 7-o State f FI ri . Prlvacv Statmment Under Florida law, a -mall addresses ago.. public records. If you do not want your a -mall address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions regarding DBPR's ADA web accessibility, please contact our Web Master at w� a�terC�,c��: ,le.fl.us. https://www.myfloridalicense.com/wl1 l .asp?mode=2&search=LicNbr&S1D=&brd=&typ = 2/25/2011 ` Licensing Portal - View Public Complaints Page 1 of 1 7:24.•43 AM 212512O11 Complaint Details Displayed is a listing of public complaints regarding the person or entity selected. The only complaints that appear on this screen are public complaints against persons or entities that currently are licensed by the Department of Business and Professional Regulation. Such data includes complaints for which probable cause has been determined or where the subject of the complaint has waived his/her right to confidentiality. However, the department is precluded from disclosing any complaints which are confidential pursuant to Section 455.225(10), Florida Statutes. If you would like to file a new complaint it can be filed here, Complaints filed with the Division of Florida Land Sales, Condominiums, and Mobile Homes, the complaint forms and all information submitted to the Division are public records under the provisions of Chapter 119, Florida Statutes, Florida's Public Record Law, Accordingly, any person may inspect the case file and may obtain copies of any of the materials in the file. The Division does not represent your private interests. Any action taken by the Division will be on behalf of the State of Florida. Complaints created by or filed with the Division of Alcoholic Beverages and Tobacco become public upon the completion of the investigation. However, only those complaints created or filed since August 21, 2002, are available through this site. To ascertain the existence of public complaints pertaining to violations of alcohol and tobacco laws prior to that date, please submit a public records request by contacting us via phone at 850.487.1395 or via mail at Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 1940 North Monroe Street, Tallahassee, Florida 32399-1020. Additional search mechanisms are available to ascertain the existence of any public records pertaining to the unlicensed activity of the person or entity about which you are inquiring. Search for Public Records Pertaining to_Unlicensed Complaints Here Name: Number Class Incident Date Status Disposition Disposition Date Discipline Discipline Date No Complaint Information found. :: rO tipr;xtate.fl.us :: Custdrner Contact Center: Contact Us 19go North Monroe Street Tallahassee Ft 32399 CaI1.Cenker d 850,487.1395 The state of Florida is an AA/EEO employer. Cf>grl ht 2007-20a or Florl a pr yAcy Statement Under Florida law, e•mall addresses are publle records. If you do not want your e-mail address released In response to a publlt-records request, do nut send electroni(.' niall to this entity. Instead, contact the office by phone of by traditional mail. If you have any questions regarding uHPR's ADA web accessibility, please contact our WO) Master of iN)aster�6id6prstaYe.fl.us. https://www.myfloridalicense.com/viewcomplaint.asp?SID=&Iicid=814402 2/25/2011 1 A R� CERTIFICATE OF LIABILITY INSURANCE OP ID Z2 "AICtM -i AKERB 1 06 29, PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown of Florida, Ina. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ Ft. Lauderdale FL 33310-5727 Phone: 954-776-2222 Fax: 954--776---4446 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Continental Casualty Company+ 20443 INSURER B: American Cas Co of Reading PA+ 2.0427 Akerblom Contracting, Inc. INSURERC: Nat'l Fire Ina Co of aarttord+ 20478 2064 SW 28th Terrace INSURERD: Fort Lauderdale FL 33312 - INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r LTR DD )NSRtj - TYPE OF INSURANCE __ __ POLICY NUMBER I DATE MM1DD/YYYY DATE MMlDD/YYYY LIMITS GENERAL LIABILITY I EACH OCCURRENCE s i OOO 000 PREMISES Eaoccurenca $ 100 000 B X X COMMERCIAL GENERAL LIABILITY B2091315865 07/15/10 07/15/11 CLAIMS MADE OCCUR `� MED EXP (Any one person) $ 5 , 000 PERSONAL SADV INJURY $ 1 r 000 000 X Pollution GENERAL AGGREGATE S 2 00O 000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , OO O , O0 0 -- - POLICY n JET 7 LOG 4 C AUTOMOBILE LIABILITY ANY AUTO B209�315901 07/15/10 07/15/13, COMBSINGLE LIMIT dent) (Ea accident) $1,000,000 — BODILY INJURY I (Per person) _ ALL OWNED AUTOS SCHEDULED AUTOS i I I I I $ BODILY INJURY (Par aCCidanl) S X X t_ HIRED AUTOS NON -OWNED AUTOS I-............__....,.w._.—_.._._. i i ; 1 PROPERTY DAMAGE (Per accident) ( $ TGARAGE LIABILITY I II I AUTO ONLY - EA ACCIDENT I5_--_-,_ -- I T-. FA ACC OTHER THAN AUTO ONLY: AGG ANY AUTO j 1 f ` S ' jEXCESS 1 f OCCUR UMBRELLAILIABILITYCLAIMS MADE CURRENCE EACH OCCURRENCE S ........._......._...__... AGGREGA TE----...... ._._—_._.__�_.- $ - I ,5 ........ DEDUCTIBLE ... _ i ........._.______ ..-......._.. j $ .._.._._ ..__..__W_.._... ' RETENTION S j j j ) S AANY I WORKERS COMPENSATION AND EMPLOYERS" LIABILITY YINI ; PROPRIETOR/PARTNER/EXECUTIV � 290433111 , I OFFICEPJMEMBER EXCLUDED? (Mandatory In NH) I 05/10/10 O5/10/�.1 X,�70RY LIMITS .) LE.L-EACH ACCIDENT T S 500000 A - EA EMPLOYE E L- DISEASE S 500000 If yes, describe under SPECIAL PROVISIONS below ! I ._•.'"--�•---�4y� E.L. DISEASE. POLICY LIMIT) $ 500000 1 OTHER I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Certificate Holder is named as Additional Insured under General Viability only with respects to work performed by the Named Insured as required per written contract. *10 days written notice for non-payment of premium. CERTIFICATE HOLDER CANCEL.L.ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION C I TYOFT DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Tamarac REPRESENTATIVES, 7525 NW 88th Avenue Tamarac FL 33321 AUTHORIZE EPRCSENTATIVE ACORD 25 (2009/011 ©1988-29WACORD CORPORATION. All The ACORD name and toga are registered marks of ACORD s A M Feb 25 11 08:41a AKERBLOM CONTRACTING, INC 9547919789 p.2 CITY OF TAMARAC PURCHASING AND CONTRACTS DivisION 7525 NW W" AVENUE TAMARAc, FL 33321 "Committed to Excellence._. Always" ADDENDUM N0.1 BID N0.11-09B PUMP STATION 2A1 & 26 REHABILITATION PROJECT DATE OF ADDENDUM: FEBRUARY 14, 2011 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No.11-09B, Tamarac Pump Stations 2A1 and 26 Rehabilitation Project. NOTE: The verifiable full time experience referenced on Bid pages 12 and SCH-1 has been changed from a minimum of (5) years to (4.5) years, All other terms, conditions and specifications remain unchanged for Bid No. 11-09B, Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your bid. BIDDER NAME: 7525 NW 881h Avenue ■ Tamarac, Flodda 33321-2401 a (954J 597-3570 ■ rax (954) 597-3565 ■ www.ton'taiac.org Equal opporluniiy Employer Feb 25 11 08:41a AKERBLOM CONTRACTING, INC 9547919789 p.3 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO. 2 810 N0.11 A9S PUMP STATION 2A1 & 26 REHABILITATION PROJECT DATE OF ADDENDUM: FEBRUARY 17, 2011 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of Contract Documents for Bid 11-098, Tamarac Pump Stations 2A1 and 26 Rehabilitation Project, NOTE: Added Specifications - Chain Link Fence 1.1 The work consist of all labor, materials, and equipment necessary for supplying and installing a chain link fence and gates in the location shown on the bid drawing. Total linear feet I08ft All materials to be galvanized steel unless otherwise noted. 1.2 The fence shall be Eft high galvanized steel 9gauge 2"mesh. Terminal post 2 3/8" dia. OD Intermediate post 1 7/8" dia.OD Top rail 1 518" dia OD Sizes may vary slightly according to choice of manufacturer. 1.3 Provide double gates each 5ft wide for a total of 1Oft opening. Include center pin and fork latch for locking. Lock supplied by city of Tarnarac. Location of the gates are as shown on the bid drawing or may be adjusted slightly in accordance to the wastewater supervisor's requirements. 1 A Post are to be spaced at 8ft intervals max. 1.5 Post footings. Terminal post footings to be minimum 10" dia x 24" deep Intermediate post footings to be minimum 8" dia x 24" deep 1 6 The following shall be provided Tension hands at max 12" centers Wires fabric ties on top rail, minimum 5 ties between posts. Bottom tension wire. Galvanized carriage bolts Post caps Gate hinges Rail sleeves where necessary. Any other fittings required to complete the installation. All other terms, conditions and specifications remain unchanged for Bid No. 11-09B. Please acknowledge receipt of Addendum No. 2, by returning it and/or acknowledging it in your bid. BIDDER NAME: - c qx" le -el 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597.3570 0 Fax (954) 597-3565 ■ www.tamarac.org Equal Opporl unify Employer Feb72' 1 08:41a AKERBLOM CONTRACTING, INC 9547919789 p 4 CITY or- TAMARAC PURCHASING AND CONTRAC-rs DIVISION 7525 NW 88"AVENUE TAMARAC. FL 33321 "Committed to Fxcellence... Always " ADDENDUM NO, 3 BID NO.11-09B PUMP STATION 2A1 &. 26 REHABILITATION PROJECT DATE OF ADDENDUM: FEBRUARY 17, 2011 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of Contract Documents for Bid 11-09B, Tamarac Pump Stations 2A'I and 26 Rehabilitation Project, 1►I8i>i4 The City has approved three (3) Coating materials for coating application for this project. No further coating products will be considered at this time. • Sewpercoat • High Performance Mix by Strong Seal • Mainstay Bid opening date remains the same, February 24, 2011 at or before 3:OOPM local time. All other terms, conditions & specifications remain unchanged for Bid No. 11-09B. Please acknowledge receipt of Addendum No. 3, by returning it and/or acknowledging it in your bid. BIDDER NAME: 7525 NW 88th Avenue W Iamarac. Florida 33321-2401 ■ (9541 597-3570 ■ Fox (954) 597-3565 ■ www.tamarac.org Equal Gpporlur iiV rmployer City of 7.at toc PMi h as,ng and Conttacts Division IT�3:7*4-kT114:1111 1=34CA44:i11:141431W9072f-11JJ-1.7-Lq AND AKERBLOM CONTRACTING, INC. THIS AGREEMENT is made and entered into this 23 day of h.l-- 2011 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Akerblom Contracting, Inc, a Florida corporation with principal offices located at 2064 SW Terrace Fort Lauderdale, FL 33312 (the "Contractor") to provide pump station rehabilitation at stations 2A1 and 26. 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. 11-09B, 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 11-09B as issued by the City, and the Contractor's Proposal, 11-09B as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the 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 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. rr. ! T r n ar.rr.: Prur (r:aS�rn( rn:a ��rarrtr<ua. Orvrsr[ar 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, 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 Liability Insurance policies shall be endorsed to add the City and City's Engineering firm as an additional insured. Contractor shall be responsible for payment of all deductibles and self- insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially completed within (90) 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 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 C iry of 7,Frr7Js/0G— Poi hasiog area Contracts Division 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 Sum The Contract Sum for the above work is Two Hundred and One Thousand One Hundred Twenty-six Dollars and no cents ($201,126.00). 6) 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 VII, Chapter 218. The City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. Aire:efri(--;nt a i ca -ern::+ contracts Divisioo 8) Change Orders 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 8.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the Agreement ........................ . ,'qy of Ta07,-V V' Pwchasmy and Contracts Division 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 the City and the Contractor for any item requiring a change in the contract, and a change order has not 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 the 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 the 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 any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as a Aq!eement ......... _ ........... ,,ty u' l »n a, ac: Putchasang and C ontiacts Divisic:ar, recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 1 p) 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. 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. 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 performance of Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, fi Agreement .. .... ... ..... ...... . .. . ....... . City of 1 am',�Irac� Purchasing and Contracts Division religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City'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. 16) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: Agropment ................. . CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorneyuat the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Akerblom Contracting, Inc. 2064 SW 28"' Terrace Fort Lauderdale, FL 33312 (954) 224-1766 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. (;ityofTcatrata' Iorchaswng Arid Contaacta Division 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 the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. 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. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the 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. ....... . 9 ACJI-@P.!77C.17t City of T an,at,i.w 23) Merger; Amendment Pni;aiasiiiq and Contracts Dwisiori 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. Remainder of Page Intentionally Blank ........... .... . 90 Agrcc.rni,rtt pulctlast t(f and cooOact, t:rvrtsn r 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. A, ` TAgLISHED : p ES 6� CITY OF TAMARAC Pamela Bushnell, Aayor .W AL atE � C? : 4C -�9 .......... A, "ST: �, C UN ���`� ichael ern ,City Manager Peter M.J. Richardson, CRM,CMC City Clerk 3 Date ATTEST: �,UVAY,022 9 nature of Corporate Secretary Jeanne Akerblom Type/Print Name of Corporate Secy (CORPORATE SEAL) Date Approved as to form nd legal sufficiency: V) 001 1 City A ey �b'rrii Date i Akerblom Contracting, Inc. _ _ Company Name ignature of Carl E. Akerblom Type/Print Name of President EME i 1119"WFAAREKO ii(J1 E E?I77EW City cf Tcamar'ac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OFti0l� 1 per' :SS COUNTY OF 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 Carl Akerblom, President of Akerblom Contracting, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of 011 _ Signature 6f Notary Aublic NotaryON A, WILLIAMS S t of Florida at Large . �4PpV pr�9 �4 Public . Stateof My Commission Expires 4'? F Commission # DD �" �`-' L�✓!LC 7 ¢ a %e,OF, � Bonded Through National Print, Type or Stamp Name of Notary Public ❑ Personally known to me or Q/ Produced Identification Type of I.D. Produced ❑ DID take an oath, or [&-,"DID NOT take an oath. 12