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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-049Temp. Reso. #12022 April 21, 2011 Page 1 of 5 Revision 1, April 28, 2011 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 11-10B TO R.J. SULLIVAN CORP AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND R.J. SULLIVAN CORP., FOR AN AMOUNT OF $1,222,700.00 FOR CONSTRUCTION OF THE WATER TREATMENT PLANT FILTER BACKWASH WATER RECOVERY BASIN PROJECT; A CONTINGENCY IN THE AMOUNT OF $75,000.00 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL AMOUNT OF $1,297,700.00; APPROVING FUNDING FOR THIS PROJECT FROM THE 2009 UTILITIES BOND PROCEEDS; 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 a Water Treatment Plant located at 7803 NW 61" Street; and WHEREAS, the City of Tamarac currently backwashes the Greenleaf filter and six (6) package filters on a frequent basis and discharges approximately 300,000 gallons per day (GPD) to surface waters without recovery; and WHEREAS, the Water Treatment Plant filter backwash streams discharge into an unlined pond which is defined as surface water according to 40CFR 141.2 and no water can be returned from this pond to our water treatment process; and WHEREAS, the recovery of 300,000 GPD will provide enough water for 1,200 Temp. Reso. #12022 April 21, 2011 Page 2 of 5 Revision 1, April 28, 2011 Equivalent Residential Connections ( ERC's ) and delay construction of a costly reverse osmosis system; and WHEREAS, this Water Treatment Plant Filter Backwash Water Recovery Basin Project will reduce daily water withdrawal from the Biscayne Aquifer and lime chemical costs by up to five percent (5%); 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 Filter Backwash Water Recovery Basin Project was recommended, approved and funded as a Capital Improvement Project; and WHEREAS, Eckler Engineering Inc., was awarded the contract to provide professional engineering services for the design of the new Filter Backwash Water Recovery Basin Project; including preparation of detailed plans and specifications followed by permitting and bidding assistance under Resolution #R-2010-60 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the City of Tamarac publicly advertised Bid No. 11-10B, WTP Filter Backwash Water Recovery Basin Project in the Sun Sentinel on March 6, 2011 and March 13, 2011; and WHEREAS, the City solicited competitive sealed bids and on April 7, 2011, received, opened and reviewed eight (8) bids as follows: 1 Temp. Reso. #12022 April 21, 2011 Page 3 of 5 Revision 1, April 28, 2011 COMPANY NAME TOTAL BID $ GlobeTec Construction 1,211,010.00 R.J. Sullivan Corp. 1,222,700.00 COMPANY NAME TOTAL BID $ Akerblom Contracting, Inc. 1,420,430.00 Close Construction, Inc. 1,498,742.00 Florida Design Contractors 1,519,219.00 Wharton -Smith, Inc. 1,522,000.00 InterCounty Engineering, Inc. 1,622,380.00 Poole & Kent of Florida 1,634,010.00 and; WHEREAS, GlobeTec was the lowest bidder, but the bid was declared Non - Responsive by the City of Tamarac Purchasing Department on April 19, 2011 due to GlobeTec failing to list all subcontractors who will perform work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price (a copy of pertinent Purchasing correspondence and bid analysis are attached hereto as "Exhibit A"); and WHEREAS, R.J. Sullivan Corp., was deemed the most responsive and responsible bidder (a copy of said bid is attached hereto as "Exhibit B"); and WHEREAS, approved funds in the amount of $1,297,700.00 are available from the 2009 Utilities Bond proceeds; 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. 11-10B, Water Treatment Plant Filter Backwash Water Recovery Basin Project, to R.J. Sullivan Corp., and execute an agreement with R.J. Sullivan Corp, for a contract cost of $1,222,700.00, and a contingency in the amount of $75,000.00 will be added to the Project Account, for a total Temp. Reso. #12022 April 21, 2011 Page 4 of 5 Revision 1, April 28, 2011 project budget of $1,297,700.00 for the construction of the Water Treatment Plant Filter Backwash Water Recovery Basin 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. 11-10B, Water Treatment Plant Filter Backwash Water Recovery Basin Project, to R.J. Sullivan Corp., and execute an agreement with R.J. Sullivan Corp, for a contract cost of $1,222,700.00 and a contingency in the amount of $75,000.00 will be added to the Project Account, for a total project budget of $1,297,700.00 for the construction of the Water Treatment Plant Filter Backwash Water Recovery Basin Project. 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. SECTION 2: The award of Bid No. 11-10B, Water Treatment Plant Filter Backwash Water Recovery Basin Project, to R.J. Sullivan Corp, is hereby authorized. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement with R.J. Sullivan Corp, (a copy of which is attached hereto as "Exhibit C") as part of said award. SECTION 4: An expenditure for a contract cost of $1,222,700.00, and a contingency in the amount of $75,000 for a total project budget of $1,297,700.00 is approved to be funded from the 2009 Utilities Bond proceeds. 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 L Ll 1 1 1 1 Temp. Reso. #12022 April 21, 2011 Page 5 of 5 Revision 1, April 28, 2011 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 courtof 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. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �� day of 2011. PAMELA BUSHNELL ATT T: /"PETER M. J. RI ARDSON, C , CMC /CITY CLERK. \``` % l I I ► fill," ESTABLISHED • o p : 1963 SEAL 0: CO UNO���`��\ I HEREBY CERTIFY THAt' I�HAVE APPROVED THIS RESOLUTION AS TO F 7 SAMU S. GOREN CITY ATTORNEY MAYOR RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENSON DIST 2: V/M GOMEZ DIST 3: COMM. GLASSE DIST 4: COMM. DRESSLER �---" CITY OF TAMARAC INTEROFFICE MEMORANDUM "EXHIBIT 22 TR #12022 TO: BID FILE DATE: APRIL 19, 2011 FROM: JIM NICOTRA, SENIOR RE: BID NO. 11-1013, W.T.P. FILTER PROCUREMENT SPECIALIST BACKWASH WATER RECOVERY BASIN PROJECT The above referenced bid opened on April 7t". Eight (8) Bidders submitted bids. The low Apparent Bidder, was Globetec Construction. At bid opening, attendees pointed out Globetec appeared to omit several possible subcontractors and % scope of work to be performed, as required by the Bid, see List of Subcontractor form, Page 52 in the bid, portion as follows; This form says, "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 The appearance of omitted information from Globetec was a concern for the fact that the submitted bid prices were very close to one another. An oversight or failure of a bidder to disclose even 1-2% of work to be performed by a subcontractor on this form could prejudice the right of another bidder that had fully disclosed the required information. See attached letter from R.J. Sullivan dated April 12t". The material advantage would be the unfair ability to continue to "shop" subcontractor pricing after bid opening, while the other bidders were not allowed the same opportunity. The agent of record after full review of the apparent low bidder's bid, input from City staff, and review of R.J. Sullivan's letter, agreed that the matter required further investigation. An E-mail request was issued on April 11, 2011 (attached) to the President of Globetec Construction listing concerns and a request to respond to the matter by Friday April 15, 2011. Although the e-mail message was opened ("read"), per Outlook record, on April 11, 2011 at 3:17pm, as of the date of this memo to file, there has been no response. Globetec has been deemed non -responsive as a result. • ri Sm, 01 2001 N.W. 22nd Street Pompano Beach, FL 33069 (954) 975-0388 April fit, 2011 FAX (954) 975-3333 Mr.. James Nicotra Ci of Tamarac . 75�b Nw, - 08tn Avenue Tamarac, FL 33321-2401 Re: City of Tamarac WTP Filter Backwash. Water Recovery Basin Bid No. 11-10B Dear. Mr. Nicotra, Wage 52 of the City's bid package required that all bidders submit the List of Subcontractors whose contract would amount to more than one half of one percent of the bid amount. Based on a bid of $1,211,010, GlobeTec Construction was, required to list all subcontractors with quotes over $6,060. The bid of GlobeTec construction listed only the electrical subcontractor and the augercast pile subcontractor. GiobeTec did not list a painting contractor or'a paving contractor. Unless they received a bid from a painter whose bid was at least $14,000 less that our lowest painting. bid and a bid from a paving contractor whose bid was at least $0,000 lower than our lowest paving bid, they did not comply with instructions in the bidding documents. Unless they self perform all concrete work as R J Sullivan Corp. does, they also failed to list a concrete contractor. We estimate the concrete work on this project to be approximately $250,00,0. GlobeTec, by not listing all subcontractors with their bid, has an unfair advantage over all other bidders. While all other bidders have committed to the listed subcontractors, GlobeTec has the ability to "shop around" Oet the bid for better prices. In addition, the City of Tamarac will have no control over the duality of the unlisted .subcontractors. It is for this reason that we respectfully request that GlobeTec% bid be declared non- responsive. Sincerely, Casey R. Sullivan, Presi Jim Nicotra From: Jim Nicotra Sent: Monday, April 11, 2011 2:50 PM To:'antonio.assenza@globetecconstruction.com' Subject: CITY OF TAMARAC - WTP FILTER BACKWASH WATER RECOVERY BASIN BID N0, 11-10B Importance: High Mr. Assenza, President, Globetec Construction, LLC RE: Tamarac Bid Submittal As you may already know, your firm is the low apparent bidder for the above referenced Project. Our Project Management Team has some concern with regard to Globetec's past performance on the 2.0 MG Water Storage Tank & Water Treatment Plant Improvement Project between 2004-2006, as well as might be overlooked scope of work areas on this Project for the Backwash Recovery Basin. Please note, prior to recommendation to award to any firm for this project, we will want to approve of the "to be assigned" Project Manager. Let me know if this meets with your acceptance. Please advise our further concerns as follows by this Friday, April 15. 1. Did the bid include cost and consideration for the handling of regulated substances and fuel on site inclusive of: personnel training (documented), fuel delivery, provision of spill kits, inventory record keeping, etc. These requirements were specified in section 01010, article 1.07, C and section 01500, article 1.19. 2. Who will be completing the forming, reinforcing steel installation and placement of concrete? If a sub- contractor is to be used, who is it? Also this item is greater than 1 % of the overall contract value. 3. No asphalt paving sub -contractor was listed in the bid form. Again this cost is expected to be greater than 1`Ya of the,overall contract value. 4. Was the cost of silica fume concrete admixture per section 03300, 2.03, D included for all of the walls of the WWR basin structure? S. Are the submersible pumps to be provided by ABS per section 11310, 2.01, D? 6. Who is the manufacturer of the fabricated slide gates and actuators? 7. Who is the manufacturer of the butterfly valves and actuators? 8. Who Is the painting Sub -contractor? Again this cost is expected to be greater than 1% of the overall contract value. 9. Who is the I&C Systems Sub -contractor? Again this cost is expected to be greater than 1% of the overall contract value. 10. Is the Contractor aware of the potential for hand digging and other labor intensive requirements for the installation of the 12"BWD and 12" DR piping in the vicinity of the existing lime silos, treatment units, filters and walkways shown on drawing M-8? We would appreciate your feedback by Friday. Regards, Jim Nicotra, CPPB Purchasing Division City of Tamarac BID TABULATION WATER TREATMENT PLANT FILTER BACKWASH RECOVERY BASIN BID NO. 11-10B OPENED: 4/7/11 w GLOBE TEC CONSTRUCTION $1,211,010.00 R.J. SULLIVAN CORP. 1,222,700.00 AKERBLOM CONTRACTING, INC. 1,420,430.00 CLOSE CONSTRUCTION, INC. 1,498,742.00 FLORIDA DESIGN CONTRACTORS 1,519,219.00 WHARTON-SMITH, INC. 1,522,000.00 INTERCOUNTY ENGINEERING, INC. 1,622,380.00 POOLE & KENT OF FLORIDA 1,634,010.00 Note: All results and subsequent recommendation for award are unofficial until Board approval City of Tamarac. Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Subcontractor Contract License. No. Name/Address y�� "EXHIBIT B" TR #12022 City of Tamarac- Purchasing and Contl'acfs Division COMPANY NAME: (Please Print): R.J. Sullivan Corporation Phone: (954) 975-038$ Fax: (954) 975-3333 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU..— �- 1. Carefully read the General Terms & Conditions; Special Conditions and Special Provisions. r I 2. Properly 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. [Fill out the Bidder's Qualification Statement. 6. ["Fill out the References page. 7. 2/Sign the Vendor Drug. Free Workplace. Form. 8_ [Fill out the List of Subcontractors. �- 9. [Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required'and must be submitted on the City's forms, included herein. ( 10. glInclude Fill out and sign the Certified Resolution. 11.. proof of Insurance. 12. [Include copy of State Certified or County Competency License(s) 13. [Trench Safety Form, if applicable, 14. F3"Retu'rn and/or acknowledge all Addendums r 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 deoroed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID 0 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 BID NO. 11.10E BID TITLE: WTP - FILTER BACKWASH WATER RECOVERY BASIN PROJECT BID OPENING DATE/TIME: APRIL 7, 2011 AT 3:00 PM BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3570 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE: FRIDAY, MARCH 25, 2011 AT 10:00 AM, Room 105 BONDING: 5% Bid Bond, 100% Payment/Performance Bond Bid Pkg Cost: $170.00. GENERAL CONDITIONS These instructions are standard for all bids Issued by the City of Tamarac. City of may delete, supersede or mooiry any or tnese standard instructions for a particular bid by indicating such change. in the Instructions to Bidders, Special Conditions, Special Provisions or Specifications. Any and all Provisions that may vary from these general conditions shall prevail over these General Conditions and any conflicting provision within any vendor's standard terms & 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: R.J. Sullivan Corporation COMPANYADDRESS: 2001 NW 22nd Street, Pompano Beach, FL 33069 COMPANY PHONE: (954) 975-0388 NAME OF AUTHORIZED AGENT: Bob Mullen TITLE OF AUTHORIZED AGENT: Estimator/Project Manager AUTHORIZED AGENT EMAIL ADDRESS: bmul l en®rj sul1 ivancorp . com BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 5 91- 63 - 4 7 96 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. ADDENDUM NO. 1 BID SCHEDULE (REVISED) WATER TREATMENT PLANT FILTER BACKWASH WATER RECOVERY BASIN �--- Bidder hereby declares that he or she has carefully examined the site of the proposed work, have read all terms and conditions of this solicitation and fully understand the specifications contained herein, and does hereby agree to `furnish all labor, materials, tools, equipment, insurance, bonds, and incidentals and to sustain all the expenses incurred in performing the work in strict accordance with the Bid, specifications, plans and drawings which are made a part thereof at the following prices offered. In the event of latent mathematical errors, Bidder recognizes that these are clerical errors and may be corrected by Owner. IT�VI D CRIP Il�f IVl LUMP SUM 1 Lump Sum Base Bid LS 1 (Exclusive of item 2 ) 2 Indemnification LOT 1 $10.00 M TOTAL LUMP SUM BID I, 222..,7<Do . cDo Basis of Award shall be to the lowest responsive/responsible Bidder for the above Lump Sum Bid off. BID AMOUNT FOR ALTERNATIVE ITEM The following item shall be bid separate from the Total Lump Sum Bid Amount above. Provide this separate amount below as either an add or decrease, if the following item(s) are constructed. See Specification Section 01010 — Summary of Work. The Alternative Item shall no be considered as part of the Basis for Award, however an unbalance price may be reason for rejection of bid. Item Description 1A Modification to existing Greenleaf Filter Backwash Drain Vault: General Scope of work shall be as indicated on Drawing No. M-17. Total Amount $_3�,do •©o NAME OF BIDDER: R.J. Sullivan Corporation 3/28/11 T City of Tamarac Purchasing and Contra(,ts Division BID FORM L BID NO. 11-1OB WATER TREATMENT PLANT FILTER BACKWASH WATER RECOVERY BASIN L The City of Tamarac is hereby requesting Bids, from qualified contractors, for the for the construction of City's new Water Treatment Plant Filter Backwash Water Recovery Basin �. structure and pumping systems ready for operation once connected to existing systems , as described in the drawings and specifications. Generally, the work includes demolition, s structural, mechanical, electrical, instrumentation, civil, site improvements and other ! incidentals'as indicated by the drawings and specifications or as required to properly complete the project as planned. L LICENSES 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 will be acceptable, as determined ` by state or county licensing agency. `- State: Certified General Contractor License, defined by F.S. 489.105 3a, plus last consectutive five (5) years full time verifiable experience in the water/wastewater treatment facility construction industry plus a minimum of having successfully performed five (5) �. verifiable projects of similar size and scope. or County: Certificate of Competency - Engineering Contractor Class "A" License, plus last consectutive .five (5) years full time verifiable experience in the water/wasterwater treatment facility construction industry plus a minimum of having. successfully performed L five (5) verifiable projects of similar size and scope. rI Occupational license must be in effect as required by Florida Statute §205.065. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A r more detailed description of Pay Items is located throughout the Technical Specifications. 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-41 ~�- Bid Form & Schedule of Bid Prices._. j City of Tsniarac Purchasing and Gcmtracfs 17iiisiun BID FORM (continued) Blb NO. 11 A OB WATER TREATMENT PLANT FIL TER BACKWASH WATER RECOVERY BASIN R..J. Sullivan corporation Submitted by: R Date April 7, 2011 L THIS BID IS SUBMITTED TO: City of Tamarac LPurchasing and Contracts Manager 7525 Northwest 88`h 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 f . _ 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, r 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 i✓ 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. C 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. SCh!-42 -��. _:..__._..�..13id Fnriryr & .Sciiedule of Bid Prices F City of Tamarac _ - f Purchasing and Contracts Division BID FORM _ --__� (continued) BID NO. 11.10B. WATER TREATMENT PLANT FILTER BACKWASH WATER RECOVERY BASIN 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 i equipment meets or exceeds the specification as stated in the bid package; and also L 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. i L ,.A orized Signature Casey R. Sullivan Typed/Printed Name (954) 975-0388 Telephone (954) 975-3333 Fax csullivangrjsul.livancorp.com Email address for above signer'(if any) 0 SGW-43 R.J.Sullivan Corporation Company. Name 2001 N.W.. 22nd Street Address Pompano Beach, Florida 33069 City, State, ZIP 591-63--4796 Federal. Tax ID Number CGC1507756 Contractor's License Number _ ~ Bid Form Schedule of Bid Prices City of T?irnhrac _- -nd Cgntracts Drvisionurchasing BIDFORM (continued) BID NO. 11.-1013 -- WATER TREATMENT PLANT FILTER BACKWASH WATER RECOVERY BASIN Bidder's Name: R.J. Sullivan Corporation TERMS: % (percent discount, if any, if payment made within DAYS; - otherwise, terms are NET 30: days. Delivery/completion: Substantial Completion shall be (210) calendar days from -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 on final 9 O g 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. Credit Card Payment Acceptance: Contractor Will x p Will Not Pa meat §y Electronic Funds Tran f r: 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 W Tamarac web -site at ://www: rac. /ci artmentstfinancial- n / services/ urchasire ister-for-direct-de osi - rnent.as x for more information. } 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. ii p� City of 7"amarW State of Florida County of Broward Casey R. Sullivan and says that: i L L I ihu Cay fur 'rup ldr NON -COLLUSIVE AFFIDAVIT )ss. and Contracts Division being first duly sworn, deposes He/she is the President , (Owner, Partner, Officer, Representative orAgent) Of R n or oration, the Offeror that has submitted the attached Proposal; He/she 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: ClInest Witness ' 46 Title a City of Tamarac �w Purchasing and Contracts Diyisio�� ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Broward On this the 7thdayof April , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared Casey R. Sullivan 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, STATE OF FLORIDA NOTARY PUBLIC SEAL OF. OFFICE: (Name of Notary Public: Print, Stamp,. or Type as Commissioned) W. Q. PULSFORD C Personally known to roe; or MY COMMISSION #DD..W264 ❑ Produced identification: EXPIRES: July 22, 2011 Unded7hru Notary Pu61k Underwriters (Type of Identification Produced) L ❑ DID take an oath, or 17 DID NOT take an oath i� t_ I 47 lowCity of Tamarac V Purchasing and Conlracls DjWSIQ17 CERTIFICATION { THIS DOCUMENT MUST BE SUBMITTED WITH THE BID I 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 ❑ CORPORATION ® OTHER If "Other', Explain: AuPahzed Signa ure Casey R. Sullivan Typed/Printed Name (954) 975--0388 Telephone (954) 975-3333 j Fax L csullivan@rjsullivancorp.com i Email address for above signer (if any) L f i A� L R.J, Sullivan Corporation Company Name 2001 N.W. 22nd Street Address Pompano Beach, Florida 33069 City, State, ZIP . 591-63--4796' Federal Tax ID Number CGC1507.756 Contractor's License Number 48 tr y City of Tamarac. Rim ing and Contracts Divisia7 BIDDER'S QUALIFICATION STATEMENT ~ �The undersigned . e signed certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company R.J. Sullivan corporation t'• Address 2001 N.V. 22nd'Street City State Zip Pompano $each, Florida 33069 Telephone. (954) .975--0388 �.� Fax Number (954) 975-3333 1. How many years has your organization been in business under its present name? 3 6 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? None List former address(es) of that business (if any). i 4. Are you Certified? Yes ❑ No If Yes, attach copy of Certification (CGC) 5. Are you Licensed? Yes ® No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No i.. r If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ ( of the commodities/services bid upon? N.) l 8. Have you ever received a contractor a purchase order from the City of Tamarac or other governmental entity? Yes © No ❑ If yes, explain.(date, service/project, bid title etc.) See Attached 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes © No ❑ If yes, explain: f 10. Have you ever been debarred or suspended. from doing business with any `-- governmental entity? Yes ❑ No O If yes, explain: 49 Question 8: Have you ever received a Contract or a Purchase Order from the City of Tamarac or other governmental entity? (1). Water Treatment Plant Clearwell Addition/Contract Date-5/26/10 Amount $1,628,900.00 (2) Several Projects at Water Treatment Plant --- most recent project approximately 10 years ago, Rehab Greenleaf Filter plus various other projects. City of Tamarac purcllasirig and Cor)h-acls Division REFERENCES Please list government water/wastewater agencies with whom you have done business during the last five years: Your Company Name R.J. Sullivan Cor Corporation p i Address _ 2001 N.W. 22nd Street / Cit State Zip Y p � Pompano Beach Florida 33069 Phone/Fax Agency/Firm Name: City of Port St Lucie Address _9 0 o s . E : Ogden Lane City State Zip E'lorida 34983 Phone/Fax __ ___j772j-�8 73 - 64 00 T- Contact Namey_Szilth -- Agency/Firm Name: Palm Beach County Address 8100 Forest Hill Boulevard - City State Zip _ _ ��le.s� pal on 33413 Phone/Fax L {561 493--.6008 Contact Name Agency/Firm Name: City of Pompano Beach � Address 1201 N.E. 5th Avenue ti City State Zip Pompano_ Beach, Florida 33 060 Phone/Fax --- -402� Contact Name T_ammy, Good Agency/Firm Name: City of Fort Lauderdale Address 100 N. Andrews,Avenue Y City State Zip Foryerdal�_;Florida_ 33301 Phone/Fax- Contact Name Agency/Firm Name: of Tamarac Address _City State Street�� City State Zip _-_10_1_0_i Tamarac Flor^ida 33321 Phone/Fax 9 5 4 3 7 5-8--/_j9� 5 42 _59-7-- 21 -- -_ --_ Contact Name City of Tamarac Furrllasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors s 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 j 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, `r 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 that five (5) days after each conviction. i..,, 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 L 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. -= R'. J . Sullivan Corporation '�-- Authorized Signature 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-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 reiection. Work to Be Performed Electrical Painting Augercast Piles Paving L %Total Contract Contractor License No. Subcontractor Name/Address yY I193fr�Lwta- �au� L Syat-hF�Q. ^mil- City of TamaracW mm � TT ^ Purcimsing and Contracts Division CERTIFIED RESOLUTION I, Carolyn M. Sullivan (Name), the duly. elected Secretary of R. J . Sullivan Corp .(Corporate Title), a corporation organized and existing under the laws of �— the State of _ ._ F1nrida _ , 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 Casey R. Sullivan. (Name)", the duly elected President (Title of Officer) of R. J. Sullivan Corporation( 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; r1 NAME Carolyn M. Sullivan Casey R.Sullivan TITLE SIGNATU E Corporate Secretary President Given under my hand and the Seal of the said corporation this 7t�Iay of April 20 11 ... h, (SEAL) By; Secretary Corporate Secretary. Corporate Title 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 I 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, I .4CORD. CERTIFICATE OF LIABILITY INSURANCE F DATE 01/13/2021 THIS �i TE 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endnrs®mant(sl (PRODUCER Insurance Office of America, Inc. Abacoa Town Center 1200 University Blvd., Ste 200 Jupiter, FL 33458 INSURED R J Sullivan Corp. 2001 NW 22nd Street Pompano Beach, FL 33069 ;I %ft): (561)776-0660 1 F,AXA. u.,. (561)776-0670 7 INSURE R S AFFORDING COVERAGE NAIC N INSURER A. Zurich American Insurance 09535 INSURER9: American Guarantee 81 Liability 26247 INSURERS: Zenith Ins Co 02947 INSURERD. Steadfast Ins Co, 26387 INSURER E Y1.111"T21i CERTIFICATE NUMBER: 2$ 10-11 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREII 'NT, 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. rXanket TYPEOF INsuRANCE L NSR D POLICY NUMBER D M LIMITS Y GLOS94665 12/2wili0 12/28/2011 EACH OCCURRENCE $ 1.000 GENERAL LIABILITY $ 300 MADE � OCCUR MED EXP (Any one person) $ 10 Addrl IRSd PERSONAL & ADV INJURY $ 1 000 ver of Sub PD DED: NI GENERALAGGREGA OEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JET LOC AUTOMOBILE LIIIBILRY X ANY AUTO ALL OWNED AUTOS A SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS UMBRELLA LIAB X OCCUR B EXCESS LIAB CLAIMS -MADE DEDUCTIBLE X RETENTION $ 10, OD WORKERS COMPENSATION Z06S AND EMPLOYERS' LIABILITY Y I N C OFFICER/MANY EMBEREXCLUD pry ECU7IVE� N / A F (Msndailm In NN) BUT WAIVER OF TE PRODUCTS • COMP/OP Apo $1 2 000 00 $ 1 COMBINED SINGLE LIMIT $ (Ea aooldent) 1 000 00 BODILY INJURY (Per person) is BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraoddent) $ $ $ 12/26/2010 12/28/2011 EACt $ 5 000 AGG$ 5 00O $ 01/01/2011 01/01/2012 X ontractor's Pollution CPL59430750 12/28/2010 12/28/2011 D Liability DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORU 101, Additional Rern"a Schedule, If more apace In required) E.L. EACH ACCIDENT $ SOD 00 E.L. DISEASE - EA EMPLOYEE $ 500 OO E,L, DISEASE- POLICY LIMIT $ 500.00 $1,000,000/ 2,000,000 ;eneral Liability includes Blanket Additional Insured on a Primary and Non -Contributory basis, where -Squired by written contract. This covers a extends to the Umbrella. 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. R J Sullivan Corp. AUTHORIZED REPRESENTATIVE 2001 NW 22nd Street Po ano Beach, FL 33069 Roland Roberts POLKMA 01968-2009 ACORD CORPORATION. All rights ACORD 26 (2009/09) The ACORD name and logo are registered marks of ACORD STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE32399-0783 SULLIVAN, CASEY R R J SULLIVAN CORP 2051 SE 3 ST APT 506 DEERFIELD BEACH FL 33441 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicanse.com, There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's Initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly, We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new licensel DETACH HERE (850) 487 -13 95 City of Tamarac Purchasing and Contracts Division TRENCH SAFETY FORM 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 !s . below: ? TRENCH SAFETY MEASURE UNITS OF UNIT UNIT COST EXTENDED Descri tion MEASURE (Qty) COST (LF/SF) A. caa �. Q o? $. c2. o pa u� f/o�c Q•-�� /��a $ $ $ L D. $ $ TOTAL 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.... Y g r � DATE: April 7 2011 L (Signature) . ACKNOWLEDGEMENT rr STATE OF: Florida COUNTY OF: Broward PERSONALLY APPEARED BEFORE ME, the. undersigned authority, Casey R. Sullivan 1 , who, after first being duly sworn by me, y (Name of individual Signing) affixed his/her signature in the space provided above on this 7t�ay f APril 20 1.1 W.G.PULSFORD NOTARY PUBLIC MY COMMISSION M DID 697284 EXPIRES: July 22, 2011. �h •`s BondedTpruNotary Public Wdeiwrllers MY. Commission Expires: 54� -- ,.- All other terms, conditions and specifications remain unchanged. Bid opening is April 7, 2011 at 3:OOPM. All bids must be received in Room 108, 7525 NW 881h Ave, Tamarac, FL 33321 no later than 3:00 pm., local time. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your bid. Be sure to include Revised Bid Schedule dated March 28, 2011 with your bid. (Attached) BIDDER NAME: (/Zg— W JAY-�� IE CHUE3B CONTRACTOR: SURETY COMPANY: Cf]►it►1 1:4►1_ Tia Vigilant Insurance Company BID BOND (Public Work) In compliance of F.S. Chapter 255.05(l)(a) OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) L: • N I! ► r •111LYi1A CONTRACT NO. (if applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: 8228-36-54 R.J. Sullivan Corp. 2001 NW 22nd St., Pompano Beach, FL 33069 (954) 975-0388 Vigilant Insurance Company Chubb Group of Insurance Companies 3445 Peachtree Road NE - Suite 900 Atlanta, GA 30326-1276 City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Five percent of bid amount 11-10B Filter Backwash Water Recovery Basin Project FRgNTPAGE II other Bond page are deemed s bse uent to thi§ page regardless of anypage n mb r s that anted thereon. R.Q. Roberts, Jr., Attorney -in -Fact and Licensed Resident Agent, License #A221966 Insurance Office of America, 1200 University Blvd., Ste. 200, Jupiter, FL 33458 (561) 721-3752 city of.7amarcac Purchasing and Conbacis Division ^^� BID BOND Bond No. 8228-36-54 STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, R. J. Sul 1 i van Corp. as Principal, and Vigilant 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: Five Percent of Bid Amount Dollars $ 5% of bi on the United States; for the payment of which sum well and truly to be m ode, We binlawful d money selves, 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 Aril 7 2D11 for: WTP - Filter Backwash Water Recovery Basin Project Bid No. 11-10B 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 sald Surety does hereby waive notice of any extension. 55 I f�- TANI pI r1W FAA Fnr V,,,, L, ACKNOWLEDGEMENT BID BOND Signed and sealed this 7th day of April IN P ENCE 9 F: r - (AFFIX SEAL) *Impress Corporate Seal Purchasing end Contrac(s Division 2011 R.J. Sullivan Corp. incipal Corey— u van, President 2001 NW 22nd Street Business Address Pompano Beach, FL 33069 City/State/Zip (954) 975-0388 Business Phone VIGILANT INSURANCE COMPANY Surety* By R.Q. Roberts, Jr `. Licensed Resident Agent Title � Attorney-In-Fact", r� Robe Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant: Insurance Company 15 Mountain View Road oHllu� Surety ATTORNEY pacific Indemnity Company 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 Martha A. Polk and R.Q. Roberts Jr. of Jupiter, Florida- -------------------------- _-_-___ _............. oath as their true and lawful Attorney- in- Fact to execute under such designation In their names and to affix 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 altoration of any Instrument referred to in said bonds or obligations, In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 1 Oth day of November, 2010. ennath C. We el, Assistant Secretary / • David rrls, Jr., Vice Presld STATE OF NEW JERSEY County of Somerset ss. On this 1 Oth day of November, 2010 before me, a Notary Public of New Jersey, personalty came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE 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 swum, 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 Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David e. Norris, Jr„ subscribed to said Power of Attorney Is In the genuine handwriting of David 8. Norris, Jr., and was thereto subscribed by authorityof said By - Laws and in deponent's presence. Notarial Seal KATWIRINE J. ADELAAR NOtARY PUBLIC OF NEW JFRSF4 A Q ��I�ar�lAflitanr. 291bb85 OTA/1 Y �pi►ew Duty 14, 2014 N Notary public AuDuc � CERTIFICATION Extract from the By L AL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ali 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 Vice President or an Assistant Vice President, Jointly with the Secretary or an Assistant Secretary, under their respective designations, The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice 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 Ihereto 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 certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimilo seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It is allached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (1) the foregoing extract of the By- Laws of the Companies is true and correct, 00 the Companies are duly ficensed and authorized to transact surety business In all 60 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the US. Virgin Islands, and Federal Is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (Ili) the foregoing Power of Attorney Is two, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 7 t h Day o f A p r 11 , 2011 ., (0(00 13 Kenneth C. Won a Assistant Secretary 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- 3656 e-mail: suretv@chubb.com Form 15-10- 02258- U (Ed. 5- 03) CONSENT www.sunbiz.org Department of State Page 1 of 2 Home Contact Us E-Filing Services PreyiOIIS an List Next on List Return To List No Events No Name History Detail by Entity Name Florida Profit Corporation R. J. SULLIVAN CORP. Filing Information Document Number 487712 FEI/EIN Number 591634796 Date Filed 10/14/1975 State FL Status ACTIVE Principal Address 2001 NW 22ND ST POMPANO BEACH FL 33069 'hanged 01/26/1984 Mailing Address 2001 NW 22ND ST POMPANO BEACH FL 33069 hanged 01/26/1984 Registered Agent Name & Address SULLIVAN, CASEY R 2051 S.E. 3RD STREET 4PT. 506 'EERFIELD BEACH FL 33441 US Vame Changed: 07/28/2008 4ddress Changed: 07/28/2008 Dfficer/Director Detail Vame & Address Title P SULLIVAN, CASEY R ?051 S.E. 3RD STREET, APT. 506 ]EERFIELD BEACH FL 33441 US title S SULLIVAN, CAROLYN 3655 N.W. 35 STREET COCONUT CREEK FL 33066 US fltie T SULLIVAN, CASEY R Document Searches Forms Help Entity Name Search Submit http://www.sunbiz.org/scripts/eordet.exe?action=DETFIL&inq_doc_number=487712&inq... 4/ 19/2011 www.sunbic.org - Department of State Page 2 0i L 2051 S.E. 3RD STREET, APT. 506 DEERFIELD BEACH FL 33441 US Annual Reports Report Year Filed Date 2009 01/19/2009 2010 03/02/2010 2011 02124/2011 Document Images 02/24/2011 --ANNUAL REPORT Vjew ima LOP PPP format 03/02/2010 -- ANNUAL REPORT View image in PDF format 01/1912009 --ANNUAL REPORT View image in PDF format 07/28/2008 -- Rep. 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See documents if question or conflict, Previous on List Next on List Return To List Entity Name Search No Events No Name History Submit I liarrw I Com.�rt us I DocurnCnt 5e�rrches I F Vilirlq Services I I'Qrl,t, 11-Iely I CoDvright��) and Privacy Poli'io, Swty of Florida, Department of State http://www.sunbiz.org/scripts/cordet,exe?action=DETFIL&inq_doe—number=487 712&inq... 4/19/2011 Licensing Portal - License. Search Page 1 of 1 7.42:50 AM 4/19/2011 Data Contained In Search Results is Current As Of 04/19/2011. 07:41 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 License Type Name Name Number/ Status/Expires Type Rank Certified General CGC1507756 R J SULLIVAN CORP DBA Current, Active Contractor Cert General 08/31/2012 License Location Address*: 2001 NW 22 STREET POMPANO BEACH, FL 33069 Main Address*; 2051 SE 3 ST APT 506 DEERFIELD BEACH, FL 33441 Certified General SULLIVAN, CASEY' R Primary CGC1507756 Current, Active Contractor Cert General 08/31/2012 License Location Address*. 2001 NW 22 STREET POMPANO BEACH, FL 33069 Main Address*: 2051 SE 3 ST APT 506 DEERFIELD BEACH, FL 33441 * 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 :: Ca11.Center@Ndbor.stateJLus : ; Customer Contact Center; EiSU.4p7.13n5 The State of Florida is an AA/E.F.d employer. Cot rl ht 20 7-2010 state of rlorl,�a. Privacy. Statement Under Florida law, e!-mail addresseb are public records. If you do not want your P•inail address released in rPtipPnSe to a public -records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional rnail. if you have any questions regardlrig DRPR's ADA web accessibility. please cocitat our Web Masi:er at webm star db r.state.fl. s. https://www.myfloridalicense.com/wl l l ,asp?mode=2&search=LicNbr&SID=&brd=&typ= 4/19/2011 DBPR - SULLIVAN, CASEY R; Doing. Business As: R J SULLIVAN CORP, Certified ... Page 1 of I 7.43.03 AM 411912011 Licensee Details Licensee Information Name: SULLIVAN, CASEY R (Primary Name) R 3 SULLIVAN CORP (DUA Name) Main Address: 2051 SE 3 ST APT 506 DEERFIELD BEACH Florida 33441 County: BROWARD License Mailing: LicenseLocation: 2001 NW 22 STREET POMPANO BEACH FL 33069 County: BROWARD License Information License Type: Certified General Contractor Rank: Cert General License Number: CGC1507756 Status: Current,Active Licensure Date: 09/13/2004 Expires: 08/31/2012 Special Qualifications Qualification Effective Construction Business 09/13/2004 View Related License Information View License Complaint Contact Us :: 1940 North Monroe Street Tallahasse FL 32399 :: Ca11.Center0)dbpr.state.f1.us :: Customer Contact Center: 850.487,1395 The State or Florida is an AA/EEO employer. Cooyrluht Z007-2010 State of Florida. Privacy Statement under Florida law, e-mail addresses are Inrblic records. If you do not want your e-mail address ielvased in response to a public -records request, do not send electronic mail to this entity, instead, contact the office by phone nr by traditional mail. If you have any questions regarding Dt7Pit'•: ADA web accessibility, please contact our Web Master at webmasterQdbpr.state.fl.us. https://www.myfloridalicense.com/LicenseDetaii.asp?SID=&id=33309A2BACBC9A7807.,. 4/19/2011 Licensing Portal - View Public Complaints Page I of 1 7:43:12AM 4/19/2011 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 Con3p aints_Here Name: Number Class Incident Date Status Disposition Disposition Date Discipline Discipline Date No Complaint Information found. Contact Us :: 1940 North Monroe Street, Tallahassee FL 32399 :: Call. Center db r.state.fLus :: Customer Contact Center! 850.487.1395 The State of Florida is an AA/pEO employer, Conyrlaht 2007.2010 State oM rl a. Prlvacy Statement Under Florida law, a -mall addresses are public records. If you do not want your e-mail addiess 1'eleased in response to a publir-records request, do not send electronic rnall to this entity. Instead, contact the office by phone or by traditional mall. if you have any questions regarding I)F] R's ADA web ncce;;sibility, please contact our Web Master at }yef�i$,s�ffi�d6orstate.fl.us. https://www.myfloridalicense.com/viewcomplaint.asp?SID=&Iicid=2723936 4/19/2011 City of Tamarac Purchasing and Contracts Division /_11c]Z144 `,1=1►111 1=3* 1VJ[MI ► i l:1 Z90311110L61 J111 IF_1 ,I /_1 XXV I1 k 191 R.J. SULLIVAN CORP. THIS AGREEMENT is made and entered into this /r day of , 2011 by and between the City of Tamarac, a municipal corporation wit principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and R.J. Sullivan Corp, a Florida corporation with principal offices located at 2001 NW 22"d Street, Pompano Beach, FL 33069 (the "Contractor") to build a filter backwash water recovery basin at the water treatment plant. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 11-10B, 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 11-10B as issued by the City, and the Contractor's Proposal, 11-10B 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. 1 Agreement City of iarnarac Purchasing and Contracts Division 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 (210) 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 2 Agreernent City of Tamarac Purchasing and 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 One Million Two Hundred Twenty Two Thousand Seven Hundred Dollars and no cents ($1,222,700A0). 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. 3 Agreement Ulty of I amarac 8) Change Orders Purchasing and Contracts Division 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 4 Agreement City of Tamarac Purchasing 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 5 Agreement City of Tamarac Purchasing and Contracts Division recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of 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, Agreement City of i-amarac 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. 15) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: Agreement City of Tamarac Purchasing and Contracts Division CITY 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 CONTRACTOR R.J. Sullivan Corporation 2001 NW 22"d Street Pompano Beach, FL 33069 (954) 975-0388 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. 8 Agreement City of Tamarac Purchasing and Contracts 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 parry 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 Agreement City of Tamarac purchasing and Contracts Division 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. Remainder of Page Intentionally Blank 10 Agreement City of Tamarac Purchasing and Contracts division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. AT ST- / PIEL Peter M.J. Rich C son, CRM,C City Clerk J�11111►I/,/, Date - U • �4`SNEa o •oZ ATTEST: �, Ap i Sign ure f orporate Secretary Carolyn Sullivan Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC sell Pamela Bushnell, Mayor sl/011 Michael C. Cernech, City Managfrr Date Approvad as to form and legal sufficiency: City Attorney 'Nii Date R.J. Sullivan Co Company Name _-... - -�- ----,. ignature of Casev Sullivan Type/Print Name of President I.,ilril /ir Date i 1 Agreement City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :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 Casey Sullivan, President of R.J. Sullivan Corp., 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 gm W. G. PULSFORD MY COMMISSION # DD 697284 _.: :,_a•.. „� EXPIRES: July 22, 2011 Bonded Thru Notary Public Underwriters 12 =.1 V(�- �%'XL /64-d Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath.