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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-091Temp. Reso. #12071 July 28, 2011 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THAT THE CITY COMMISSION AWARDS BID NO. 11-12B TO R.J. SULLIVAN CORPORATION AND AUTHORIZES THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND R.J. SULLIVAN CORPORATION, FOR AN AMOUNT OF $298,000.00 FOR THE FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 3 AND 4 AND GREENLEAF FILTER INTERNAL COATINGS REHABILITATION PROJECT LOCATED AT THE TAMARAC UTILITIES WATER TREATMENT PLANT SITE; A CONTINGENCY IN THE AMOUNT OF $60,000.00 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL AMOUNT OF $358,000.00; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FORSEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Utilities Department of the City of Tamarac is responsible for the operation and maintenance of the water and wastewater utilities which requires the treatment and distribution of potable water in a safe, efficient and economical manner; and WHEREAS, to maintain the City's water consumption demands and to eliminate potential health hazards in the event of additional filter system disruptions at the Utilities Water Treatment Plant, the Filter Media Replacement - Package Filters 3 and 4 (hereinafter "Filters 3 and 4") and Greenleaf Filter Internal Coatings Rehabilitation Project is critical; and WHEREAS, the Filter Media Replacement - Package Filters 3 and 4 and Greenleaf Filter Internal Coatings Project is necessary to maintain maximum water production capabilities, ensure efficient treatment plant operations and to maintain compliance with water quality standards; and Temp. Reso. #12071 July 28, 2011 Page 2 of 4 WHEREAS, the City of Tamarac publicly advertised Bid No. 11-12B for the Filter Media Replacement - Package Filters 3 and 4 and Greenleaf Filter Internal Coating Rehabilitation Project in the Sun -Sentinel on May 29, 2011 and June 5, 2011 (incorporated by reference and on file in the office of the City Clerk); and WHEREAS, the City solicited competitive bids and on July 7, 2011, received, opened and reviewed four (4) bids as follows: ; and COMPANY NAME TOTAL BID $ R.J. Sullivan Corporation $298,000.00 TLC Diversified $353,810.00 Century Building Restoration USA, INC $392,189.00 Akerblom Contracting, Inc $444,010.00 WHEREAS, R.J. Sullivan Corporation was deemed the most responsive and responsible bidder (a copy of said bid is attached hereto as "Exhibit A"); and WHEREAS, funding for this project in the amount $358,000.00 is available from Utilities Operational accounts; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 11-1213, Filter Media Replacement - Package Filters 3 and 4 and Greenleaf Internal Coatings Rehabilitation Project to, and execute an agreement with R.J. Sullivan Corporation, for a contract cost of $298,000.00, and a contingency in the amount of $60,000.00 will be added to the Project Account, for a total project budget of $358,000.00 for this Filter Media Replacement - Package Filters 3 and 4 and Greenleaf Internal Coatings Rehabilitation 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 Temp. Reso. #12071 July 28, 2011 Page 3 of 4 of Bid No. 11-12B, Filter Media Replacement - Package Filters 3 and 4 and Greenleaf Internal Coatings Rehabilitation Project and to execute an agreement with R.J. Sullivan Corporation for a contract cost of $298,000.00, and a contingency in the amount of $60,000.00 will be added to the project account, for a total project budget of $358,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. The exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The award of Bid No. 11-12B, Filter Media Replacement - Package Filters 3 and 4 and Greenleaf Filter Internal Coatings Rehabilitation Project to R.J. Sullivan Corporation, is hereby authorized. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and R.J. Sullivan Corporation, (a copy of which is attached hereto as "Exhibit B") as part of said award. SECTION 4: An expenditure for a contract cost of $298,000.00, and a contingency in the amount of $60,000 for a total project budget of $358,000.00 is approved to be funded from the appropriate 2011 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. Temp. Reso. #12071 July 28, 2011 Page 4of4 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. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of , 2011. �z PAMELA BUSHNELL MAYOR PETER M. J. RICrDSCEN, CRM, CMC CITYCLERK TA fqq •ESTABLISHED - Q p . 1963 O • SEAL p `CpUN \`��� I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GO CITY ATTORNEYV RECORD OF COMMISSION VOTE: MAYOR BUSHNELL DIST 1: COMM. SWENSO C—' DIST 2: V/M GOMEZ C DIST 3: COMM. GLASS DIST 4: COMM. DRESSLER t 1 "EXHIBIT A" TR #12071 oily of roirrarac Purchasing and Conitvds Division COMPANY NAME: (Please Print): R , s • Sullivan Corporation Phone: (954) 975-0388 Fax: (954) 975-3333 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. ❑ Properly fill out the Bid Forms and the Schedule of Bid Prices. 1 ❑ Fill 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. ❑ 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. ❑ Fill out and sign the Certified Resolution. - 11. ❑ Include proof of Insurance, 12. ❑ Include copy of State Certified or County Competency License(s) 13, ❑ Trench Safety Form Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive, THIS SHOULD BE THE FIRST PAGE OF YOUR BID. I City of Tamarac Purchasing and Contracts Division I� I BID FORM BID NO,19-12B r FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 3 &4 AND GREENLEAF FILTER INTERNAL COATINGS REHABILITATION The City of Tamarac is hereby requesting Bids from qualified contractors for work which consists of the Contractor furnishing all labor, materials, tools, and equipment necessary, as indicated in the specifications herein and generally to include removal and disposal of existing filter media, removal and installation of new underdrain supports, internal surfaces abrasive blast cleaned in accordance with an SSPC SP7 Brush Clean Method and painted r as detailed in the specifications along with installation of new filter media in package filters 3 & 4. Disinfect the filters and place the filters in service. The work on the Greenleaf Filter will consist of all internal surfaces above the media being abrasive blast cleaned in accordance with SSPC SP7 and all areas of exposed steel or compromised paint will be blast cleaned in accordance with SSPC Sp 10 near -white method and painted according to the specifications. Extreme care must be taken to avoid contamination of the filter media �. and measures taken shall include but not be limited to covering with plywood, plastic sheeting, and daily cleanup of blasting materials, Construction also includes all appurtenances and other incidentals as Indicated by the drawings and specifications or as required to properly complete the project as planned. To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses or any license that can meet, exceed and legally perform the scope of work as determined by state or county licensing agency State: Certified General Contractor,. defined by F.S. 489.105 3a with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar size & scope in the past (7) years, County: Broward County Competency Engineering Contractor Class "A" license with five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar size & scope in the past (7) years. Occupational license must be in effect as required by Florida Statute §205.065. We propose to furnish the following Items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 1 B, of the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner,_ _ 41 Bid Font) & Schedule of Bid Prices REVISED: JUNE 22 BID SCHEDULE ADDENDUM No. 3 BID NO. 11-12B FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 3 &4 AND GREENLEAF FILTER INTERNAL COATINGS REHABILITATION ITEM DESCRIPTION NO. SST. TOTAL PRICE (in words) UNIT QTY. EXTENDED TOTAL PRICE 1 Mobilization/Demobilization LS 1 $ $ Dollars Aj i, / Cents 2 Package g e Filter # 3 LS 1 $ l M ins F -r-,,. 3 $ Filter Media Removal Dollars A C Cents 3 Package Filter #3 LS 1 $�-i ' �:.r �:,., c? $ ; ..:� C'; C �� ............... Surface Prep/Coating/Metal Dollars Repairs Cents 4 Package Filter # 3 LS 1 $',;_; r { yr..._�._` ..- �:! $ Filter Media Replacement Dollars New Underdrain Supports Cents 5 Package Filter#3 LS 1 $ S".� .�_ $ Filter Media Replacement Dollars INFILCO Rep. On -Site --- Cents 6 Package Filter # 4 LS 1 $ $ Filter Media Removal Dollars Cents 7 Package Filter #4 LS 1 $�-�ti,�?"IV < T i Surface Prep/Coating/Metal Dollars Repairs n Cents 8 Package Filter # 4 LS 1 $ ;'v,. i,�'I",,�----��',.:_:�.'.?:^� ca .Dollars $ Filter Media Replacement ` New Underdrain Supports W Cents 7 H)d Morro & Schr'x uh? of lir; I {'nce.5 S(::i 1- I • REVISED: JUNE 22 BID SCHEDULE ADDENDUM NO.3 BID NO. 11-12B FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 3 &4 AND GREENLEAF FILTER INTERNAL r COATINGS REHABILITATION 9 Package Filter # 4 LS 1 $ a I l- '� ` J $ Filter Media Replacement Dollars INFILCO Rep. On -Site %\` c Greenleaf Filter Surface Prep 10 LS 1 Cover Filter Medial Daily Cleanup 11 Greenleaf Filter Coatings LS 1 12 Indemnification LS There is a 5% cap for Bid Item 1 (refer to Section 1 B). Any amount above 6%, for Bid Cents Dollars Cents Dollars N, ,, K . I Cents /U C) 1 Ten Dollars No Cents Item 1 shall be added to Bid Item 2, as not to change the bidder's total bid price. TOTAL BASE BID ITEMS 1 through 12 (IN NUMBERS): Dollar-- s $ 10.00 TOTAL BASE BID ITEMS 1 through 12 (IN WORDS): $ (�• �'y -- -. r � Dollars Cents R.J. Sullivan Corporation NAME OF COMPANY . . .. ....... Bid %(girt & Sc he(Mrlet o/ &(I I'rrces Srl�-1 City of 7vinarac BID FORM (continued) BID NO. 11-12B Purchasing and Contracts Division FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 3 & 4 AND GREENLEAF FILTER COATINGS REHABILITATION Submitted by: R . J . Sul l ivan Corporat ion Date June 23 , 2001 THIS BID IS SUBMITTED TO, City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th 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 w 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. 7' 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. i 44 Bid Fonn $, Schedule o/ Bid Pfices SCH-5 I City of Tamarac Purchasing and Contracts DMsion BID FORM (continued) BID NO, 11-128 FILTER MEDIA REPLACEMENT- PACKAGE FILTERS W AND GREENLEAF FILTER COATINGS 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 speck and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Sid, 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. �...T. __ 12Sullivan . J Corporation Su11 � (_w Autharixedignefia - Company Name .— Casey R. Sullivan 2001 N.W. 22nd Street Typed/Printed Name m Address (954) 975-0388 Pompano Beach, Florida 33069 Telephone City, State, ZIP (954) 975-3333 591-63-4796 Fax Federal Tax ID Number bmullen@rjsullivancorp.com CGC1507756 Email address for above signer (if any) Contractor's License Number Sid Fonn & Schedule of fW Pdces 3CHfi City of Tainaroc Pcrrchasing and Contmis Division BID FORM (continued) r BID NO, 11-12B FILTER MEDIA REPLACEMENT- PACKAGE FILTERS 3 & 4 AND GREENLEAF FILTER COATINGS REHABILITATION Bidder's Name: R • J . Sullivan Corporation TERMS: % (percent discount, If any, if payment made within � T ' _DAYS; otherwise, s are NET 30 days. Delivery/completion: ICas calendar days after receipt of Notice to Proceed however, shall not exceed (120) 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. Will your firm accept credit cards as payment from the City of Tamarac? Yes ❑ No Payment by Electronic Funds Transfer: Vendors may now receive payments by direct deposit via electronic funds transfer instead of by paper check. Vendors are strongly encouraged to register to receive all payments by direct deposit. Access the City of Tamarac web -site at http://www,tsmarao.org/city-departments/financial- services/purchasing/register-for-direct-deposit-payment.aspx IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal Is not being submitted at this time, Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor -- listing. 46 Bid Form B Schedule of Bid Prices SCH-7 City of Tamarac ► _.. Contracts nivislon _�....�...w_ ' + 1;; Purclrasr'ng& _ .� �~ NON -COLLUSIVE AFFIDAVIT � State of Florida )ss. County of Broward Casey R. Sullivan being first duly swom, deposes and says that: 1. He/she is the President (Owner, Partner, Officer, Representative or Agent) of R • J • Sullivan Corporat i qn. the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. 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; 5. 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 affrant. l Signed,d and del' v red in the presence of: W' . ( B -. �.. -jy� ',, w_......, v'cl��yR,.w..Sullivan ess Printed Name President Title 47 Non-Cotkrsive Affidavit Page 1 City of r'amarac Purchasing and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Broward On this the 23d day of June , 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) 0 J. eUCKWALTER ` MY COMMISSION # DD U8170 11 Personally known to me, or EXPIRES: April vv ElProduced identification: �;�,.•• 2013 a�BMW nN„ ray rk uW�a� .ro (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath r- Non-Cottusive Affidavit Page 2 and Conhads Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (I) 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: ..... w..._ry R.J. Sullivan Sullivan ---'Authorize Sigw to -- — Company Name Case R. Sullivan 2001 N.W. 22nd Street Typed/Printed Name Address (954) 975-0388 Pompano Reach, Florida 33069 Telephone (954) 975-3333 bmulleri@rjsullivancorp.com Email address for above signer (if any) City, State, ZIP 591-63-4796 Federal Tax ID Number CGC1507756 Contractor's License Number Cerfifivation City of Tamarac %rchasing 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 R.J. Sullivan Corporation Address 20Q1 N.W. 22nd Street City State Zip -Pompano Beach, 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? List former address(es) of that business (if any). 4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes © No ❑ 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? 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.) Filter Backwash Water Recovery Basin Project 11-10B (P.O. 140762) WIT CTearwelI AdE71on ProjecE Project # 10:7148 (P.O. 130853) 9, Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ® If yes, explain: r 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No © If yes, explain: Bidder's Qua(ificafron Statement City c REFERENCES sing and Contracts Division Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name B • J • Sullivan Corporation Address 2001 N.W. 22nd street city State Zip PomiDano Beach, -Florida 33069 Phone/Fax (9 5 4) 9 7 5_233 3 Fa&,__-- Agency/Firm Name: Citv of Port St. Lucie Address City State Zip o r t St. Lucie_, Florida 34983 Phone/Fax � 2) 8 Contact Name _ Laney Southerly Agency/Firm Name: Palm Beach County Address 8100 Forest Hill Boulevard City State Zip west Palm Beach, Florida 33413 i Phone/Fax ._ 561 493-6gOnj (561) _493-6008 Contact Name Brian Shields Agency/Firm Name: Cit_y of Pompano Beach Address 1201�N.E, 5th _aye� - City State Zip Pompano Beach, Florida 33060 Phone/Fax (954) 786-5512 /�(954) 786-4028 Contact Name Agency/Firm Name: City of Fort Lauderdale Address _ 101 N. Andrews Avenue City State Zip 01 Phone/Fax _(954) 828--7854) 8 _65 / (928 7822 � W 7' Contact Name Rick Johnson Agency/Firm Name: _ Village of Wellinqton Address City State Zip _Wellington, Florida Phone/Fax (56LL -�53-2465 Contact Name Sean McFarlane References Cily of Tamarac Purchasing and Confrods Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance 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. 1. 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. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). i 3. 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. 4. 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. 5. 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 f�. Authorized Signature - - Company Name �w � 52 Vendor Drug -Free Workplace City of Tamarac _ ' Purchasing and Contracts Division � I 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 C 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 0. Painting F r- I 53 List of Subcontractors City of ramermc """' Purchasing and Contracts Division I r CERTIFIED RESOLUTION Carolyn M. Sullivan ! (Name), the duly elected Secretary of . J Su I i zvan Corp(Corporate Title), a corporation organized and existing under the laws of ^ the State of Florida 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. SuIlivan Corporation (Corporate Title) be and is hereby authorized to execute and submit a Bid andfor Bid Band, 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 Carolyn M. Sullivan Corporate %SIGNATUR % Secretary Given under under my hand and the Seal of the said corporation this 2 3 dday of `dune �, 20 .1 (SEAL) BY: 01, 1 lu& - Carolyn M. uli-,Wretary Corporate Secretary Corporate Title ZCa114. 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. Certified Resolution City 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 s i tion UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT COST EXTENDED COST A. B, $ $ C. $ $ D. $ $ TOTAL $ If applicable, the Contractor certifies that all trench excavation done within his control In excess of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 126-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: June 23nd 2011 �_— y�. (Signature) ACKNOWLEDG MENT STATE OF: Florida COUNTY OF: Broward PERSONALLY APPEARED BEFORE ME, the undersigned authority, Casey R . Sullivan , who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature In the space provided above on this 2 3�y of June , f201 ] �, NOTARY PUBLIC /^ J. BUGKWALTER M MY COMMISSION M DO $0170 j EXPIRES: April 30,2013 My Commission Expires: 2;p� �,.• Sanded flue Notary Public Undarvrtbeta Trench Safety Fom Ic =HUBS Vigilant Insurance company BID BOND (Public Work) In compliance of P.S. Chapter 255.05(1)(a) BOND NO.: CONTRACTOR: SURETY COMPANY: OWNER NAME: OBLIGEE NAME: (if contracting entity is different from the owner, the contracting public entity) BOND AMOUNT: CONTRACT NO. (if applicable) DESCRIPTION OF WORK PROJECT LOCATION: LEGAL DESCRIPTION: 8228-36-65 R.J. Sullivan Corp. 2001 NW 22nd St., Pompano Beach, FL 33069 (954) 975-0388 Vigilant Insurance Company Chubb Group of Insurance Companies 3445 Peachtree Road NE - Suite 900 Atlanta, GA 30326-1276 City of Tamarac 7525 NW 881h Ave. Tamarac, FL 33321 Five percent of bid amount Bid No.: 11-12B Filter Media Replacement — Package Filters 3&4 and Greenleaf Filter Internal Coating Rehabilitation FRONT PAGE All other Bunct.. ag_e(slaro deemed subsequent to this Pape reaardlesa of any page numbers) that may be pre-printed thereon. R.Q. Roberts, Jr., Attorney -in -Fact and Licensed Resident Agent, License #A221966 Insurance Office of America, 1200 University Blvd., Ste, 200, Jupiter, FL 33458 (561) 721-3752 City of Tamarac Purchasing & Contracts Division BID 1130ND Bond #8228-36-65 STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL, MEN BY THESE PRESENTS, that we, R . J . Sul 1 i van Corp. as Principal, and Vigilant Insurance Company as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Five Percent of Amount of Bid Dollars ($-*5%* — ) 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 06/23 20 ' 11 , for: Filter Media Replacement - Package Filters 3 & 4 and Greenleaf Filter Internal Coating Rehabilitation Bid No, 11-12 B 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. 56 Bid Bond Page i City of Tarnanic Purchasing & Contracts Division . . . . . . . . . . . . . . . . . Mzzzzzz ACKNOWLEDGEMENT BID BOND Signed and sealed this 23rd day of June , 20U IN PRESENCEO R.J. Sullivan Corp., .—'�incipal .Casey RSullrvan, President, . 20.01, N, .-22rrd--street Business Address Pompano Beach, FL 33069 (AFFIX SEAL) City/$tate/Zip EST: � secretary i ATTEST: "Impress Corporate Seal (954) 975-0388 Business Phone Vigilant Insurance Company Surety* By R.Q. Roberts Licensed Resident Agent Title -- . Attorney -I BY R.Q. Roberts, r. Bid Bond Page 2 KIChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Paciflc indemnity Company Warren, NJ 07059 C*4un® 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. Palk and R.Q. Roberts, Jr. of Jupiter, Florida .................... ..,,--- ..._---- _- -------------- ----------- each as their true and lawfui Attorney- in- Fact to execute under such designation In [heir 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 alteration 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 Uth day of November, 2010. % P.ee-Ild -enneth C. We f, Assistant Sewolary Devi rds, Jr_, Vlca i STATE OF NEW JERSEY County of Somerset as. On this 1 Oth day of November, 2010 before me, a Notary Publlc of New Jersey, personally 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 theroof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and wera thereto affixed by authority of the By laws of said Companies; and that he signed said Power of Atlomey 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 S. Norris, Jr., subscribed to said Power of Attorney is In the genuine handwriting of David B. Nords, Jr., and was thereto subscribed by authority of said By - Laws and in deponents presence, Notarial Seal KATHERiNE I ADELAAR NMARY PUBLIC OF NEW 1FRSF) A lb, 201� l Nin, 291b68S �lliA�W4�� w OF G�ltilfttl>ttlian Elgairae uty � 0-8TAR)r Notary Public PUBLI CERTIFICATION Extract from the By- L AL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "Ail powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly wllh the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed Or (ilhographed. 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 thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and altesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attomay or certificate bearing such facsimile signature or facsimile wai shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or underlaklnq to which it is attached." 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, 00 the Companies are duly licensed and authorized to transact surety business In all 50 of the United States of America and the District of Corumbla and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S, Virgin Islands, and Federal Is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this z 5 �yAe+vvice . s �a�NoF .. �NdIANP r 'f 16 My R�K 44kk �Xonn� n a AsLaw— 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, OIL BY Telephone (908) 903. 3493 Fax (908) 903. 3656 Form 15.10- 0226B- U (Ed. 6- 03) CONSENT ACORQM CERTIFICATE OF LIABILITY INSURANCE =YYY) 11 THIS CERTIFICATE IS I53UE0 AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICAU-D= NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(5). PRODUCER CONTACT NAME: Insurance Office of America, Inc. s (5 lA/C p ; )776-0660 (561)776-067( AfC Np Ext : Abacoa Town Center &MAIL ADORES : 1200 University Blvd., Ste Zoo RO _" _ "CUST- —` Jupiter, FL 33458 _INSURER(S)AFFORDING COVERAGE NAICN_ INsuReD INSURERA: Zurich American InsuranceT �_ _09535 R 3 Sullivan Corp. INSURERS: American Guarantee & Liability Z6247 2001 NW 22nd Street INSURERC: Zenith Ins Co 02947 Pompano Beach, FL 33069 INSURER❑; Steadfast Ins Ca m 66387 INSURER E : COVERAGES CERTIFICATE NUMBER: 12/28/10-11 NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI7H 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. LT TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY GLOS94665 12/28/2010 12/28/2011 EACH OCCURRENCE $ 1, QQQ, QQ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L_! J OCCUR ❑ E E MED EXP (Any one person) $ 3QQ QQ $ � 10, 00 A X B7 anket Add t 1 Insd X Bl kt Waiver Of Sub PD nEO: NI PERSONAL & AOV INJURY $ 1 000,.00 $ 21000,00 gENFRAL AGGREGATE PRODUCTS -COMP/DP AGG $ Z , DOQ , OO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO-- JEC7 LOG S AUTOMOBILE X A X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AU708 BAP594665 12/28l2010 12/28/2011 COMBINED SINGLE LIMIT (Ea ecGldent) a 1 0001000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident, $ PROPERTY DAMAGE W (Per accident) --..• .�_�. $ %( NON -OWNED AUTOS $ .�_...,. UMSRELLALIAe X OCCUR AUC5946z870 12l28l2010 12/28/2011 EACH OCCURRENCE $ 51000,00 EXCESS LIAB CLAIMS•MADE _�.._,MA AGGREGATE $ 51000,000 DEDUCTIBLE .. �,.____..� $ X RETENTION $WORKER10, 0U ..•• $ �, ANPEMPgOVLR5'LABIIII V YIN ANY PROPRIETOR/PARTNER/EXECUTIVE C OFFICER/MEMBER EXCLUDED? Q (Mandatory In NH) It yas, describe under IPTION OF OPERATIONS below N/A Z0688321U FLORID BLKT WAIVER OF SUER 01/01/2011 01/01/2012 X 7 ATT- TH E.L. EACH ACCIDENT $ $QQ,, QQ E.L. DISEASE , EA EMPLOYEE $ Soo 00 E.L. DISEASE - POLICY LIMIT $ Soo QQ rontractor'sPo ut-ton Dility CPL59430750212/28/2010 12/28/2011 $1,000,000/$2,000,000 uc MlrI IUN Ur VMMA I IUNU r LUGA71UN5I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It mare Space $9 requtrad) neral Liability includes Blanket Additional Insured on a Primary and Nan -Contributory basis, where quired by written contract. This coverage 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. AUTHORIZED REPRESENTATIVE) Roland Roberts POLKMA ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (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 TALLAHASSEE FL 32399-0783 SULLIVAN, CASEY R R J SULLIVAN CORP 2051 SE 3 ST APT 506 DEER)aIELD 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.myfioridaticense.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 license) DETACH HERE (850) 487-1395 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, r=L 33321 "Committed to Excellence... Always" ADDENDUM NO.1 BID NOA1-12B FILTER MEDIA REPLACEMENT — PACKAGES 3 & 4 AND GREENLEAF FILTER INTERNAL COATING REHABILITATION PROJECT DATE OF ADDENDUM: JUNE 17, 2011 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 11-12B. Bid Opening has been revised from June 23, 2011 to Thursday, July 7, 2011 on or before 3:OOPM. All Bids must be delivered to the Purchasing Office, Room 108, 7525 NW 88th Ave., Tamarac, FL 33321 by 3:00 pm local time. All other terms, conditions, and specifications remain unchanged. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your bid. ............. BIDDER NAME 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equol Opportunity Employer CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88"' AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO.2 BID NOA 1-12B FILTER MEDIA REPLACEMENT -- PACKAGES 3 & 4 AND GREENLEAF FILTER INTERNAL COATING REHABILITATION PROJECT DATE OF ADDENDUM: JUNE 20, 2011 W0X1�>�301'3Z PL=31.1*I; 4 -t*131 The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No. 11-12B. Note: The City has now determined that an unknown amount metal repair and perhaps replacement exists with regard to the Greenleaf Filter portion of the Work. The unknown repairs cannot be quantified prior to commencement of the actual Work. The City will now exempt metal repairs from this bid relating to the Greenleaf Filter. To compensate the recommended awarded firm for unknown metal repairs, a contingency fund will be made part of the formal award document to be approved by the Board to be utilized as deemed necessary by the City. Request for Information - Question/Respond; Regarding the Greenleaf filter the drawings provided. There is reference to the control center sheet # D87238-01-004 and -005 these sheets were not provided in the package. Answer: The Control Center Sheets are not pertinent to this project, Do the pipes and valves in the Greenleaf have to be cleaned and painted? Answer. There are no pipes and valves in the Greenleaf that need to be painted. 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www,tamarac.org Equal Opportunity Employer Page 2 Filter 3 & 4 the Scope of Work does not make any reference to the Stainless Steel surface wash system, but he drawings show us adding in a 4th pipe for Each cell. It is not clear if we have to remove all piping for cleaning and painting and re -install existing with the addition of the 4th pipe or replace the entire wash system with new piping. Please clarify the scope of work with the wash system, if it has to be removed include demolition stopping point. Answer: There is no 4' Pipe in any of the cells of either filter. All surface wash Piping will need to be removed so the scope of work called for in this project can be completed and then reinstalled at the end of the work. The surface wash system is made of 316 SS piping and will not need to be painted All other terms, conditions, and specifications remain unchanged. Bid Opening is Thursday, July 7, 2011 on or before 3:OOPM. All Bids must be delivered to the Purchasing Office, Room 108, 7525 NW 88th Ave., Tamarac, FL 33321 by 3:00 pm local time. Please acknowledge receipt of this Addendum No. 2, by returning it and/or acknowledging it in your bid. BIDDER NAME.-- CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC. FL 33321 "Committed to Excellence —Always" ADDENDUM NO.3 BID NO.11-128 FILTER MEDIA REPLACEMENT — PACKAGES 3 & 4 AND GREENLEAF FILTER INTERNAL COATING REHABILITATION PROJECT DATE OF ADDENDUM: JUNE 22, 2011 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid No.11-12B. NOTE: This Addendum No. 3, Revises the Bid Schedule (Attached), removing Bid Line Item 12, Greenleaf Filter Steel Repairs. (Reference Addendum No. 2) NOTE: Bidder mus Submit the attached Revised Bid Schedule dated 6/22/11, with your bid submittal. All other terms, conditions, and specifications remain unchanged. Bid Opening is Thursday, July 7, 2011 on or before 3:OOPM. All Bids must be delivered to the Purchasing Office, Room 108, 7525 NW 88t" Ave., Tamarac, FL 33321 by 3:00 pm local time. Please acknowledge receipt of this Addendum No, 3, by returning it and/or acknowledging it in your bid. Bidder must return the attached Revised Bid Schedule with their bid. 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 w (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamoroc.org Equal Opportunity Employer www.sunt)iz.org - 0epartment of State Page 1 of 2 Home Contact Us E-Filing Services PreviouS on List Next on List R-gAt 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 10114/1975 State FL Status ACTIVE Principal Address 2001 NW 22ND ST POMPANO BEACH FL 33069 Changed 01/26/1984 Mailing Address 2001 NW 22ND ST POMPANO BEACH FL 33069 Changed 01/26/1984 Registered Agent Name & Address SULLIVAN, CASEY R 2051 S.E. 3RD STREET APT. 506 DEERFIELD BEACH FL 33441 US Name Changed: 07/28/2008 Address Changed: 07/28/2008 Officer/Director Detail Name & Address Title P SULLIVAN, CASEY R 2051 S.E. 3RD STREET, APT. 506 DEERFIELD BEACH FL 33441 US Title S SULLIVAN, CAROLYN 3655 N.W. 35 STREET COCONUT CREEK FL 33066 US Title T SULLIVAN, CASEY R Document Searches Forms Help Entity Name Search Submlt http://www.sunbiz.org/scripts/eordet.exe?action=DETFIL&inq doc_number=487712&inq... 7/11/2011 www.sunbiz.org - 0epartnxent of State rage Z ar z 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 02/24/2011 Document Images 02/24/2011 --ANNUAL REPORT f View image in PDF format 03/02/2010 ANNUAL REPORT View image in PDF format 01/19/2009 ANNUAL. REPORT View image in PDF format 07/28/2008 Reg, Agent Change View image in PDF format .,- . 04/15/2008 - ANNUAL REPORT L View image in, PDF format 03/26/2007� ANNUAL REPORT View image in PDF format 02/17I200,6 ,ANNUAL REPORT w View image in PDF fo� 04/12/2005 - ANNUAL REPORT View image in PDF fgrmat 04/01/2004 - ANNUAL REPORT View image in PDF format 03/21/2003 ANNUAL REPORT L View image in PDF format 04/11/2002 --ANNUAL REPORT View ima a in PDF format 04/04/2001 ANNUAL REPORT View image in PDF format 04/24/2000 - ANNUAL REPORT View image in PDF format 02/20/1999 ANNUAL REPORT View image in PDF format 03/17/1998 ANNUAL REPORT View image in PDF fgrmat 02/18/1997 ---ANNUAL REPORT View image in PDF format 02128/1,996_-: ANNUAL REPORT, View image in PDF format 02/20/1995 _ANNUAL REPORT View image in PDF format Nate: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List No Events No Name History I Hamm I C OFA,,10. u5 I DOCt,iment Ser3r[hi s I ff-Filinu Services I Farms I Help I ebpyrlght."c; and Privacv 10hoe'. tifMe 0 Florida, CA-plrtrnc;•nf of `.,bate Entity Name Search Submit http://www.sunbiz.org/scripts/cordet,exe?action=DETFIL&inq_doc_number=487712&inq... 7/11 /2011 Licensing Portal - License Search Page 1 01 1 8:52:44 AM 711112011 Data Contained In Search Results Is Current As Of 07/11/2011 08:52 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. 'Type Name License License Name Number/ Status/Expires Type Rank Certified General CGC1507756 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 5T APT 506 DEERFIELD BEACH, FL 33441 Certified General CGC1507756 SULLIVAN GA51=Y R Primary 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 DEFRFIFLD BEACH, FL 33441 * denotes Main Address,. This address is the Primary Address on file. Mailing Address - This is the address where the mail 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 , . Cal I.Centerpdbpr.state.fl.us :: Customer Contact Center (,-iO.487.1395 ^ The State of 1'101163 is an AA/E.R) empioyei. CgpyrEght_2007-2010 State of Florida. Prlvaef, Statement Under Florida law, e-mail acidresses are public records, if you do not want your e-mail addresS released in response to a public-i ecords requlSC, do not Send electronic, mail to this, entity. Instead, contact the offu.e by phpne Or by traditional mail. If you have any que50011s regarding UBPR' , ADA web accessibility, please contact our web Master at webmaster@d,bpr.state,fl.us. https://www.myfloridalicense.com/will.asp?mode=2&search�LieNbr&S1D=&brd=&typ= 7/11/2011 71JL1 t v 111v, U/A"')1; T tC; LJgitI T IJUSITIeSS AS: It J JiULLI V AN UL)KV, UertllleQ ... 1'age 1 01 1 Licensee Details Licensee Information Name: SULLIVAN, CASEY R (primary Name) R 3 SULLIVAN CORP (DBA 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, Tallahassee FL 32399 :: Cail,Centerdbpi',stateJl.us Customer Contact Center: 850,487,1395�mm�� The Stair= of rloiida is do AA/kEU employer Conyrlaht 2V07-20LQ_5},atggf Florida, Privacy Statement Under 19orida law, e-mail addresses are public recorcis. 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If you have any questions regarding ORPR'8 ADA web accessibility, please contact our web Master atweobmaster&instate_fl,us. https://www.myfloridalicense.com/viewcomplaint.asp?SII)=&Iicid=2723936 7/11/2011 City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC "VIN R.J. SULLIVAN CORPORATION THIS AGREEMENT is made and entered into this day of 2011 by and between the City of Tamarac, a municipal corporation v9th 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 22Id Street, Pompano Beach, FL 33069 (the "Contractor") to provide Filter Media Replacement for Package Filters 3 & 4 and Greenleaf Filter Internal Coating Rehabilitation at the City's Water Treatment Plant. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, Bid Document No. 11-12B, 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 11-12B as issued by the City, and the Contractor's Proposal, 11-12B 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. Agreement City of Tamarac / lurchasing 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 (120) 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 ................................................................................................... 2 Agroornent City of rarnar<ac Purchasing and Contracts Division hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 5) Contract Sum The Contract Sum for the above work is Two Hundred Ninety Eight Thousand Dollars and no cents ($298,000.00). 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. 3 Agreement City of Tamarac: Purchasing and Contracts Division 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 Agreement ............... . ............... .................................................... . ........ ........1.............. _....... ................................................. . City of Ta marac Purchasing and Contracts Division did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by 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 Agreement City of Twrwraac Purchasing and Contrac N Division of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of 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 Agree me:ni City of 7arrrarac: Purchasing and Contracts Division disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City'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: 7 Agreement City of Tamarac CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Purchasing ano Contracts Division 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 Corp. 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. ? Agreement City of Tcwn< r<ac 19) Venue Purchasing and Contracts Division 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 Agrt:E rnont City ofTamarac 23) Merger; Amendment Purchosing and Contracts Division 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 {'UrGIMSirxt and CFownic is 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. CITY OF TAMARAC Pamela gughnell, Mayor u PXTi ES _._ Michael C. Cernech, City Mangger Peter M.J. Ri-c-ha'r7s-okGRM,CMC Date City Clerk / 8 5 ) Approv d as to form and legal sufficiency: DateAMARt��,�% Ak- 4w City orne 00/L Date �ES�P1�6 'oZ ATTEST:` '•• `-i, R.J. Sullivan Corp. O COV� ,\ CompanyName; _ _ _-.__m._... ...... .._...._._. J lipr Signature o Corporate Secretary ;.- Si ure of Carolyn Sullivan Casey R. Sullivan Type/Print Name of Corporate Secy. Type/Print Name of President 'V iql it (CORPORATE SEAL) Date 11 Agree vent City of Tamarac; STATE OF F1-0?-f )0r Purchasing ano Contracts Division CORPORATE ACKNOWLEDGEMENT &I COUNTY OF 2> �O(J1+6-0 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 of 19 O� Jul , 2011 W.0.PULSFORD MY COMMISSION # DD 697284 EXPIRES: July 22, 2011 Bonded Thru Notary Public undvwritara 12 V�J ( [- b44�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.