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City of Tamarac Resolution R-2008-186
Temp. Reso. #11524 November 10, 2008 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 08- 26B TO AKERBLOM CONTRACTING, INC., AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND AKERBLOM CONTRACTING, INC., FOR AN AMOUNT OF $175,000.00 FOR THE PUMP STATIONS 15 AND 33 REHABILITATION PROJECT; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE UTILITIES OPERATIONAL ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac owns, operates and maintains eighty-three (83) wastewater pump stations; and WHEREAS, wastewater Pump Stations 15 and 33 are two critical wastewater pump stations in the City of Tamarac serving The Woodlands and Westwood 5/Section 23 and are located at 5005 N Bayberry Lane and 9250 NW 81 st Street, respectively ("Exhibit A"); and WHEREAS, in accordance with the Utilities Department's mandate to improve, renew and rehabilitate existing water and wastewater systems to ensure a safe, reliable and adequate water supply and wastewater systems to all residents and customers of the City, Pump Stations 15 and 33 Rehabilitation Project was recommended, approved and funded as a FY 2009 Capital Improvement Project titled "Wastewater Pump Station Renewal"; and WHEREAS, the Utilities Department's Engineering Division completed the design, bidding and construction documents for Pump Stations 15 and 33; and WHEREAS, the City of Tamarac publicly advertised Bid No. 08-26B, Pump Stations 15 and 33 in the Sun Sentinel on September 28, 2008 and October 5, 2008 (incorporated Temp. Reso. #11524 November 10, 2008 Page 2 of 4 by reference and on file in the office of the City Clerk); and WHEREAS, the City solicited competitive sealed bids and on October 23, 2008, received, opened and reviewed eleven (11) bids as follows: ; and COMPANY NAME TOTAL BID $ * Hinterland Group, Inc. 171,606.92 Akerblom Contracting, Inc. 175,000.00 TLC Diversified, Inc. 193,469.00 Intercounty Engineering 208,001.00 Chaz Equipment Company 209,635.00 Trio Development 221,001.00 Governor Construction 239,801.00 H.A. Contracting 273,001.00 HCD Developers 275,509.14 Metro Equipment 296,761.00 U.S. Water Service Corporation 337,497.67 * Hinterland Group, Inc. deemed non -responsive by City of Tamarac Purchasing Department for failure to meet the bid -required five (5) years of work scope experience. WHEREAS, Akerblom Contracting, Inc., was deemed the most responsive and responsible bidder (Exhibit B); and WHEREAS, approved funds are available in the Utilities Operational accounts; and WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 08-26B, Pump Stations 15 and 33 Rehabilitation Project, to Akerblom Contracting, Inc., and execute an agreement with Akerblom Contracting, Inc., in an amount not to exceed $175,000.00 for 1 C Temp. Reso. #11524 November 10, 2008 Page 3 of 4 Ile rehabilitation of the stations; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the award of Bid No. 08-26B, Pump Stations 15 and 33 Rehabilitation Project, to Akerblom Contracting, Inc., and execute an agreement with Akerblom Contracting, Inc., in an amount not to exceed $175,000.00. 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 upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The award of Bid No. 08-26B, Pump Stations 15 and 33 Rehabilitation Project, to Akerblom Contracting, Inc., is hereby authorized. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement with Akerblom Contracting, Inc., (Exhibit C) as part of said award. SECTION 4: An expenditure in the amount of $175,000.00 is approved to be funded from the appropriate budgeted Utilities Operational accounts. SECTION 5: The City Manager, or his designee, be authorized to make changes, issue Change Orders not to exceed $30,000 per Section 6-156(b) of the City Code, and close the contract award including, but not limited to, making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. Temp. Reso. #11524 November 10, 2008 Page 4 of 4 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 _i day of , 2008. ATTEST: BETH FLANSBAUM LTALABISCO MAYOR 1�t zcii - RECORD OF COMMISSION V TE: MARION SWENSON, CIVIC MAYOR FLANSBAUM-TALABISCO CITY CLERK DIST 1: COMM BUSHNELL 4kf DIST 2: VM ATKINS-GRAD 611, DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. -,SAMUEL S. GOREN t+ ` CITY ATTORNEY 1 TEMP. 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ISH :1 '`RANGE CIR C3 0 z W W W w W W W w W RADIO \ W w w w W w W STATION w W W W W W W W W W W w W W w 4 4 ',' - [-. w W w wSEC 4B SECW4A W Y W W 7 l rY ' W Ww 44 CT 3 W W W n ^^•^-'^^� W W � 44 ST � W W W + r WASTEWATER PUMP STATION # 15 EA H I B I rl' A. 'EMP. RESO. # 11524 C14/CYPRESS CREEK CANAL P.S. #2 SOUTHGATE 83 ST BLVD, 83 ST EXXON W W SECTION 23 W / MCD❑NALDS W W W W W \\ \\\\\� \ \\ \\\ \\- \� <J 7 Q 82 CT r / TAMARAC W W ca a p, \��\���\���- ¢ \`SPRINGLAKE, v 7 c % d W W °' 82 ST mLn w w > a j % TOWN CY r m ON cu Q' j SQUARE W W W 81 MANOR Z W 7 �1 NATIONS ` BANK W W W SECTI❑N 23 V) W W W WESTW❑QD S I ,. 81 ST W 81 ST. W FBI sI CT ATIC)-+ g ii so DRYA ao cr 74 %/% J ;�� T %i o^ 80 PL SECTI❑N 23 cy� cp i/%%%% , ! J OD Q of TR57 to � WESTW❑❑D 5A •g a' %//�% �° P ,980 W �� = cl °S� b of z °j 80 TR26 7 8 P�- W W a W W S% ��6 i...... j�����// W W WbAl W W TR30 z t� A z q .• WELD❑N 3 3 m LAND SE 5 cT as 77 ST ST \\ mb WESTW❑❑D q PINES AKE II 7S TR37 Fvv pL W 3 74 CT u v by TR58 uj /A 7 Pw CT W 77 CT TR61 W W MOBILE W W W W W W w W W 76 W ❑DVIEW W W R38 W W pco &8 �9rC�JN��d'v W i__'T I TR63 W W W \ R67A 1(o Sf TR67 W❑❑DM❑NT GREENS WASTEWATER PUMP STATION # 33 "EXHIBIT B" TR #11524 COMPANY NAME: (Please Print):yP'L��4��iPi7r0Z.i.,�,� Phone: ,54 —1;719�1_ —/%6 Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. ro erly fill out the Bid Forms and the Schedule of Bid Prices. 3. ill ut and sign the Non -Collusive Affidavit and have it properly notarized. 4. ign the Certification page. Failure to do so may result in your Bid being de med non -responsive. 5. ill out the Bidder's Qualification Statement. 6. ill ut the References page. i. �Filill!Aut the Vendor Drug Free Workplace Form. 8. 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, in uded herein. 10. F,vtl out and sign the Certified Resolution, 11. rinclude lude proof of insurance. 12. copy of State Certified or County Competency License(s) 13. Trench Safety Form, if applicable. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. - - .. M - , _ ,.. -.. --- - -- ._ - .------ BID FORM BID NO.08-26B PUMP STATION 15 and 33 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 rehabilitation of existing City of Tamarac Pump Stations 15 and 33. The rehabilitation of the pump stations shall include, but not be limited to, demolition, by-pass pumping, pumps and motors, valve boxes, mechanical piping, electrical and control equipment installation. Construction also includes dewatering, MOT's, complying with permit conditions, testing and restoration work for a complete and operating system as well as all appurtenances and other incidentals as indicated by the drawings and specifications or as required to properly complete the projects as planned. 1. 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; State: Certified General Contractor License, as defined by F.S. 489.105 3a with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. OR County: A Broward County Competency Engineering Contractor Class A license with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost.. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 01025 of the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner BID SCHEDULE For each item, Bidder agrees to furnish all labor, material, tools, equipment, insurances and bonds necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. Item No. Quantity Description Total Price PUMP STATION 1 Lump Sum For furnishing all labor, tools, equipment, construction, including but not limited to site preparation, protection of existing utilities, excavation; complying with the Trench Safety Act (TSA); and all other appurtenant and miscellaneous items for Pump Station 15 Rehabilitation field verification of existing tie-in Zm 0 force main, the aggregate sum of: T. 2 Lump Sum For furnishing all labor, tools, construction, equipment, supervision, bond, insurance, other miscellaneous costs, overhead and profit required for a complete, satisfactory and fully functional installation as shown on the drawings for Pump $ Station 15 Rehabilitation, the aggregate sum of: 3 Lump Sum For furnishing, operating, maintaining and removing a by-pass pumping system at Pump Station 15, the aggregate sum of: $ 4 Lump Sum For installing an electrical control panel provided by the City for Pump Station 15 as shown on the drawings and in accordance with the specifications, the aggregate sum of: $ 5 Subtotal For the sum of Items 1 through 4, which constitute the total cost of the Pump Station 15 Rehabilitation: $ �Q ,, 60 Item No. Quantity Description Total Price 6 Lump Sum For furnishing all labor, tools, equipment, construction, including but not limited to site preparation, protection of existing utilities, excavation; complying with the Trench Safety Act (TSA); and all other appurtenant and miscellaneous items for Pump Station 33 Rehabilitation field verification of existing tie-in ��� force main, the aggregate sum of: 7 Lump Sum For furnishing all labor, tools, construction, equipment, supervision, bond, insurance, other miscellaneous costs, overhead and profit required for a complete, satisfactory and fully functional installation as shown on the drawings for Pump Station 33 Rehabilitation, the aggregate sum of: $ 8 Lump Sum For furnishing, operating, maintaining and removing a by-pass pumping system at Pump Station 33, the aggregate sum of: $ 7,000 ,r 9 Subtotal For the sum of Items 6 through 8 which constitute the total cost of the Pump Station 33 7, 0 Rehabilitation: $ ._._ 10 CONSIDERATION FOR INDEMNIFICATION OF CITY $ 1.00 11 ALLOWANCE CONTINGENCY $ 26,000 12 GRAND TOTAL BASE BID (ITEMS 5, 9,10 & 11) $ Ei611 1 r). 00 We propose to furnish the following in conformity with the specifications and at the above bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. 4 Bidder agrees that the Work will be substantial) y performed rmed and complete in accordance with the schedules established herein. BID FORM (continued) BID NO. 08-26B PUMP STATION 15 and 33 REHABILITATION The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. uthori d Si a re Company Name 0 .-• -. Name -- J. Telephone Fax Address City, State, ZIP JTFe Federal Tax ID Number Email address fora ve signer (if any) Contractor's License Number - - - - BID FORM (continued) BID NO.08-26B PUMP STATION 15 and 33 REHABILITATION Bidder's Name: 6 M C Cy 7" 7" A e Y TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: 90 calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at time of bid opening. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. State of 4 a D: County of Skw2n-j? NON -COLLUSIVE AFFIDAVIT )ss. AKEABLOM being first duly swom, deposes and says that: He/she is the _ �eP6'.S/QZA-�� , (Owner, Partner, Officer, Representative or Agent) of uC the Offeror that has submitted the attached Proposal; 5. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; fi. Such Proposal is genuine and is not a collusive or sham Proposal; 7. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 8. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of. By ,• Wit s Witness Printed Name 1gA9g t!l Title ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of & 4fi9W&ID On this the -2_3_ day of da:�L�, 200'e , before me, the undersigned Notary Public of the State of Florida, personally appeared --�l�l- ✓ '�"� L - and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: Y IIII �Al X I IELINE DIUAIXT MYcc R ISSION # DD 488357 EXPIRES: EXPIRES: March 6 2010 Y PUM Underjpfr, BLI ,-STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Persppnally known to me, or M'Produced identification: L4 t— (Type of Identification Produced) ❑ DID take an oath, or M'DID NOT take an oath CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION (OTHER ❑ If "Other", Explain: ��Auorized Signature Company Name •-• -• Name Telep�one ress for a e signer (if any) S"" W" C jf Address r i I K0 Federal Tax ID Number , 19s�. ctor's License Number 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 01Jr _; 74-A ', Address 0/ S' City State Zip _ ART f=.l ld D FKa1g1-& a1W 4n1� 33�/ Telephone Fax Number _ y 1�1 7!2 1 — !7 Z M 1. How many years has your organization been in business under its present name? _s2JJ 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). D 4. Are you Certified? Yes Dal," No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes 5� No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No l/ 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)Kr a purchase order from the City of Tamarac or other governmental entity? Yes o ❑ If yes, explain (date, service/project, bid title etc.) L % © T-& , y 2 4f 9. Have you ever received a complai on a contract or bid awarded to you by any governmental entity? Yes ❑ No f yes, explain: 10. Have you ever been debarred qF suspended from doing business with any governmental entity? Yes ❑ No [FIf yes, explain: REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name Address City State Zip Phone/Fax Contact Name Talz ', L ..... .. ..... ... .... ;IJ ...... ...... I.-I-11-1- .......... 95-Y.7 77-S-7-6-55-3- -y VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 9. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 10. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 11. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or 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. 12. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 13. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form gomplies fully with the above requirements. 00 ut rized ig ature Company Name 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 ----•-�� 1 fix} / _ �_ ...-._...�� CC �"4= � SLnf"-/?9,7-V......_- x►�'%f� S e,ti.s CERTIFIED RESOLUTION I, �T IPJ� /`�kB_�p/q /Q? tv1 (Name), the duly elected Secretary of Lo c � (Corporate Title),'a corporation organized and existing under the laws of the State of ^^, do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT _ Cf ' Z— BiP (Name)", the duly elected (Title of Officer) of U (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bondt 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 PI lip fir.._ R_ZI i. " SIGNATURE''' Given under my hand and the Seal of the said corporation this Uday of 20� (SEAL) By: 0im�. 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 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. 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 below: TRENCH SAFETY MEASURE UNITS OF UNIT UNIT -COST EXTENDED (Description MEASURE (Qty) COST (LF/SF) C. $ D. $ TOTAL $�'' If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: � (Signature) ACKNOWLEDGEMENT ACKNOWLEDGEMENT STATE OF: /i // COUNTYOF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, T C: ,qg L E, i et& i BZ,0 � , who, after f��irrg fly sworn by me, (Name of individual Signing) �1 affixed his/her signature in the space provided above JACQUEUNE RIAZ•Rofl'r ti y 357 MY EXPiPI+6 ch 6.200 6ond�d lhni Npiary PuH�� u�'w'ntem this day of%�'D AC_!. _N', 40M NOTARY PUBLIC My Commission Expires: )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, Akerblom Contracting, nc. as Principal, and Lincoln General Insurance Company as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Twenty Thousand Dollars & 00/100 Dollars ($ 20,000.00 lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 20 for: pump Station 15 and 33 Rehabilitation Bid No. 08-26B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. If said Bid shall be accepted and the Principal shall properly execute and deliver to O 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. 0 i i ACKNOWLEDGEMENT BID BOND Signed and sealed this 17th day of IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary AMMU Witness *Impress Corporate Seal October Akerblom Contracting,Inc. Principal 2017 S.W. 28th Terrace Business Address Ft. Lauderdale, FL 33312 City/State/Zip (954) 792-3599 Business Phone Lincoln General Insurance Company Surety* — y Burton Harris, Attorney -In -Fact Title 83 LINCOLN GENERAL INSURANCE COMPANY N2 36809 POWER OF ATTORNEY KNOW ALL. MEN BY THEM` PRESENTS; That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania_ does hereby, nominate. constitute and appoint: Burton Norris; Christine Marshall Harris; Marina Mercedes Ramil; O7dalis Cabrera Its true and lawful Attorney(s)-in-l-act to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature, and to hind it thereto as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation, and all the acts erf said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors erf t.incoln General Insurance Company on the 4`h day of September, 2002. RESOLVED that the President, an Executive or Senior Vice President, or any Vice President of the Company, together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorneys) -in -Fact to date, execute sign, seal and deliver on behalf of the Company, fidelity and surety bonds, undertakings„ and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status ofthe appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may he facsimile representations of those signatures and seals, and such facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing or photocopying, IN WITNESS WHEREOF, Lincoln General Insurance Company has caused its corporate seal to be affixed and these presents to be signed by its duly authorized officers this 2nd day of June, 2008. ", On this 2 d day of June, 2008, before me personally carve Scott 1). Wollncy, to me known, who being duly sworn, did depose and say: that he is the President of the Corporation described in and which executed the above instrument: that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors, of said Company, and that he executed the said instrument by like order and authority and the same was his free act and deed. The Commonwealth of Pennsylvania York County .tj• (r^!"ti..�^ ��•.l.r y # 1 I, (;ary J. Orndortf; Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby eertifv that the above and foregoing is a full, true and correct copy of- flower of Attorney issued by said Company, and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney is now in force. Wf1TiI;:SS WiIERE()F I have hereunto set my hand and affixed the seal of said Company, at York, Pennsylvania, this 1 th day of _ 0C ober 2008 Secrercny Board of County Commissioners, Broward County, Florida FORM NO, 401-28Q/AC25-061 BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT �h,„� �.,,,�� Rv200835367 (Rev. 3/08) a�I.-," — P0 OC ti OBER '1, 2000 THRU 11 ,RJR 30, 2009 U RENEWAL LJ TRANSFER SEC # TAX PENALTIES IF PAID BACK TAX OCT: -1 D % NOV. - i 5% bEC. - 2O'k "After DEC. 31 - 25% U NEW DAl'E BUSINESS OPENED PENALTY Plus Tax correction Fee of up to $25.p0 STATE OR COUNTY CERT/REf; # T.C. FEE Based on Cost pf Business Tax if Paid Business Location Address: TRANSFER On or After November 30. TOTAL ACGQUNT Nt IMgER - THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. BK10"�j/�� perRD � 1AL TYPE OF BUSINESS TAX PAID COUNTY, BROWARD COUNTY REVENUE COLLECTION zoos 2009 115 S. Andrews Avenue, Rm A-100 FORT LAUDERDALE, FL 33301 PAYMENT RECEIVEDAS VALIDATEDABOVE "SEE INSTRUCTIONS ON REVEIRSE 2I137 www.broward.org/revenus AC# DEP2 (07/30/2008„1080062173 JCGC055.07-6 The GENERAL CONTRACTOR ^ Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2010 AKERBLOM, CARL E AKERBLOM CONTRACTING INC 2017 SW 28TH TERRACE FORT LAUDERDALE FL 33 12 CHARLIE CRIST = 'CHUCK DRAGO GOVERNOR INTERIM SECRETARY DISPLAY AS REQUIRED BY LAW Board of County Commissioners, Broward County, Florida BROWARD COUNTY LOCAL 13USINF-SS TAX RECEIPT FORM NO- 401-2801AC25-061 :`"aY pl,.' @f. 0 Ce ;"'O�RI=��: °i, 2®fD Tl�lRtJ P" E��S R 30, 200 RV20083536T (Rev. 3108) PENALTIES IF PAID 5' i 7. !._:'.. TAX - OC 1. ❑ RENEWAL ❑ TRANSFER SEC # BACK TAX " DEC. - 20% ?5% DATE BUSINESS OPENED ` PENALTY BasePlud d o Collection Fee of up t0 $25.00 © NEW T.C. FEE Ciased On r After er Noviness r 30 ii Paid On Or Afler tVnve+nbar 30. STATE OR COUNTY CERTIREG P TRANSFER Business Location Address: ACCOUNT NUMBER THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. D . Bl� )nRD L TYPE OF BUSINESS TAX PAID NTY t BROWARD COUNTY REVENUE COLLECTION 2008. 2009 115 S. Andrews Avenue, Rm A-100 PAYMENT RECEIVEDAS VALIDATED ABOVE °MCA 11*.': FORT LAUDERDALE, FL 33301 www.broward.org/revenue AC# STATE OF FLURIDA D-PARTMENT OF TY xiiESS -AND PROFESSiONAZ GTJI,ATTON' CONSTRUCT- ON i=U$TRY LICE�iSINQ H ATtD_. - = S�Q# Loso�o801323. D w LICENSE-NBR..:. CHARLIE.CRIST GOVERNOR CFiJCK DRAGO DISPLAY::AS R(UIRED 8Y LAWSECRETARY ACUR CERTIFICATE OF LIABILITY INSURANCE DpI DATE(RIMIWAM) RB—] 08/25/08 PRODucER THIS CERTIFICATE IS ISSUED AS A MA ER OF INFORMATION Brown & Brawn of Florida, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Sax 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Lauderdale rL 33310-5727 Phone:954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: continwr"l Casualty Compatrj+ 20443 INSURER B: American Cagy Co of leading tAi 20427 INSURER C: Akerblom Contracting, Inc. 2017 SW 28th Terracit Fart Lauderdale FL 33312 INSLRRERD: INSUWR E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CM MORO TYPE OF INSURANCE POLICY NUMBER DATE MMID[)IYY DATE MMIDDIYY) LIMITS OBJERAI- LIABILITY EACH OCCUkRENCE $1 , n 00 , Qn 0 B X X COMMERCIAL GENERAL LIABILITY B2091315865 07/15/08 07/15/09 PREMISES ( dCCAdgf $ 100 , 000 CLAIMS MADE OCCUR MED EXP (Any one parson) $ 5 , 000 PERSONA. & ADV IN,NJRY $1, 000 , 000 GENERAL AGGREGATE s2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRomcrs - COMP/OP AGG s2,000,000 POLICY J,ECT LOC AUYOMOBI..E LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED ALTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ N0N-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (per ectident) GARAGE UA0K ITY ALTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR .❑ CLAMS MAC AGGREGATE $ S • $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS I IT A EMPLOYERS LIABILI Y ANY PROPRIETORIPARTNER/EXECUTIVE 290433111 05 10 / /08 05/10/09 E.L. EACHACCIDENr $ 500000 E.L. DISEASE -EA EMPLOYEE $ 500000 OFFICER CM3MEXCLUDED? I ya8, describe under ._.,... E.L. DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUMO S ADDED BY ENDORSEMENT I W%CAU, PROVISIONS Certificate Haider is named as Additional Insured under General Liability only with respects to work performed by the Named Insured as required per written contract. *10 days written notice for non-payment of premium. GERTIFK:ATE HOLDER CANCELLATION GITYOFT SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL FNOFAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Tamarac 7525 NW 88th Avenue IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR Tamarac FL 33321 REPRESENTATIVES. AUTHOR RE Tp/E 1 As-VRLI ca tLUU11U151 0 ACORD CORPORATION 1988 purf;plosing and Gool?,,'Icts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND AKERBLOM CONTRACTING, INC. THIS AGREEMENT is made and entered into this ZC� day of %--/) 20L)gby and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Akerblom Contracting, Inc, a Florida corporation with principal offices located at 2017 SW 28th Terrace, Fort Lauderdale, FL 33312 (the "Contractor") to provide for pump station rehabilitation work at Stations 15 & 33. 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. 08-26B, 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 08-26B as issued by the City, and the Contractor's Proposal, 08-26B 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. Ar<rx;er orf City of ?'vnarac F='1m," asing and cootra= ds DMS1,00 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 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 completed within 90 calendar days from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 4.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule 2 Agrefi roer4 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 Hundred Seventy Five Thousand Dollars and no cents ($175,000.00). 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. 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 rn. rep"cGl(Y'�:?,.tt C"i:y of '':im,:jr,=rt; pur< h"Isrrrg and contrar.•fs Divisior; 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 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. Ac.,nwrrtprrf t :ily of %arnnr;ac Purcl aging <and Contracts Division 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 recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. Agmeawnt City of Tamarac Purchasing and Contre:tc, s Division 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. 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, �t7r�;��rrra�ra( Cif}• of Tatnarr`ac Purc h rising and Conhac:fs, Division layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 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. 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: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 Agreeu?r anf C"i(y cyf Tamarac Purclm. sing and C:oott';,ids 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 Akerblom Contracting, Inc. 2017 SW 28 Terrace Fort Lauderdale, FL 33312 (954) 224-1766 17) Termination 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 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. Ac. nee ;,F; r,t City of T8fmjrac 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. 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. 9 Aarve mer rf CRy of Taman.,,; Purchasing and Contiacts Division 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 City of 7`wnarar•; Purchasing and C mfiacls Diviskwi 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 Beth Flansbaum-T7-2-101 bisc , ayor /. Date ATTEST: , Jeffrey L. iller, City Manager Marion Swenson, CIVIC Date City Clerk Approved as to form and legal sufficiency: Date 0�)7k— q it ttorney i ATTEST: ,V;Signature of Corporate Secretary Jeanne Akerblom Type/Print Name of Corporate Secy li I 2C;- ki Date Akerblom Contracting, Inc. Company Name Signature of President/Owner Carl E. Akerblom Type/Print Name of President f/ 1,/ e) q, (CORPORATE SEAL) Date I rhg(H r'rPr l? No Text City of T,'rrnaac Purchasing arud Contr, icf:s Division CORPORATE ACKNOWLEDGEMENT STATE OF _ EZORIZ26 :SS COUNTY OF _, C(.0,APQ : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Carl Akerblom, President of Akerblom Contracting, Inc, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal thisilday Public t Large EXPIRES; M rah 6, 2010 Bonftd Thra NRANtycll Uhditwdtars 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. 12 A (1iru, efn of