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City of Tamarac Resolution R-2006-165
Temp. Reso. 11044 08/31 /06 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- I q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NUMBER 06-13B TO TENEX ENTERPRISES, INC. AND EXECUTE A CONTRACT WITH TENEX ENTERPRISES, INC., FOR AN AMOUNT OF $169,960.00 FOR THE CULVERT IMPROVEMENT PROJECT AT WESTWOOD DRIVE, AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS OR REVISIONS TO THE WORK PLAN PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING BUDGETARY TRANSFERS AS NECESSARY FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVITE DATE. WHEREAS, the City Commission of the City of Tamarac approved the Stormwater Capital Improvement Budget; and WHEREAS, the headwall at Westwood Drive has been severely eroded in the year 2005 and required immediate repair; and WHEREAS, due to damage from Hurricane Wilma, Natural Resources Conservation Services agreed to provide 75% of the total cost of said headwall repairs; and WHEREAS, the City of Tamarac publicly advertised Bid No. 06-13B Culvert Improvement Project at Westwood Drive, in the Sun -Sentinel on July 31 't and August 6t", 2006, a copy of which is attached hereto as Exhibit #1; and WHEREAS, on August 23rd, 2006, two (2) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Tenex Enterprises, Inc. provided the most responsive and responsible bid for the Culvert Improvement Project at Westwood Drive, a copy of the bid tabulation is Temp. Reso. 11044 08/31 /06 Page 2 attached hereto as Exhibit #2; and WHEREAS, available funds for the balance of the said headwall repairs exist in the Stormwater Capital Improvement budget; and WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City award Bid No. 06-13B to and authorize appropriate City officials to execute an agreement, with Tenex Enterprises, Inc., is attached hereto as Exhibit #3 for the Culvert Improvement Project at Westwood Drive in the amount of $169,960.00; 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 award Bid #06-13B to Tenex Enterprises, Inc. for the Culvert Improvement Project at Westwood Drive and authorize an expenditure in an amount not to exceed $ 169,960.00. 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. SECTION 2: The award of Bid No. 06-13B for the Culvert Improvement Project at Westwood Drive to Tenex Enterprises, Inc. is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute the Agreement between the City of Tamarac and Tenex Enterprises, Inc. for the Culvert Improvement Project at Westwood Drive, a copy of which is attached hereto as Exhibit 3. 1 1 1 1.1 1 Temp. Reso. 11044 08/31 /06 Page 3 SECTION 4: An expenditure in an amount not to exceed $169,960.00 is hereby authorized to Tenex Enterprises, Inc. SECTION 5: This Resolution authorizes necessary budget transfer to accommodate this action. SECTION 6: The City Manager is hereby authorized to make additions, deletions or revisions to the Culvert Improvement Project at Westwood Drive pursuant to Section 6-156 of the Code of the City of Tamarac. SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Temp. Reso. 11044 08/31 /06 Page 4 SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 04) day of ,*eMber 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. WAUEL S. GO FI CITY ATTORNEY BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 TEMPORARY RESOLUTION 11044 ITEM 6N EXHIBIT 1 - BID SPECIFICATIONS 06-13B ON FILE IN THE OFFICE OF THE CITY CLERK TR11044 EXHIBIT 2 I Z 0 M m J � o az �o � m m H U W n a TEMP. RESO #11044 City of Tamarac exhibit #2 Purchasing and Contracts Division BID FORM BID NO. 06-13B WESTWOOD DRIVE CULVERT IMPROVEMENT PROJECT The City of Tamarac is hereby requesting Bids from qualified contractors for the construction of aluminum sheetpiling of culvert improvement at Westwood Drive. - The Pr limits are from NW 74 CT. north to NW 74 PL south at the west side of Canal 3G. The work includes demolition of existing seawall and constructing aluminum sheetpiling to maintain the slope stability as well as restoring portions of existing drainage, concrete sidewalk replacement, chain link fence replacement, landscaping and guardrail work to complete the culvert improvements. In order to be considered for this project, the Bidder shall possess, at time of bid opening, one of the following: State Certified or County Competency licenses or any license that meet, exceed, or legally perform the scope of work will be acceptable, as determined by state or county licensing agency. State Certified. General Contractor with at least three (3) years of verifiable full- time successful experience on similar size and scope projects. NO 2. County Competency, Category 2d -- Specialty Engineered Structural Builder License with at least three (3) years. of verifiable full-time successful experience on similar size and scope projects. 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 Pay Items are located throughout the Technical i 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 r SCH-1 Bid Norm & SSch©dule cf Btd Pricas amity of Tamal'ac _ BID SCHEDULE Purchasing:and Contracts Division Jder agrees that any unit price listed is to. be multiplied by the estimated quantity requirements listed below in order arrive at the total price. �r each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work scribed herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total ise bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are ideal errors and may be corrected by the Owner. ITEM DESCRIPTION EST. TOTAL NO. QTY. UNIT UNIT PRICE PRICE 1010.4. Mobilization 1 LS $/eve p a $ 1570.1 Maintenance Of Traffic I Ls $ /17100000 $ 1 ;2,P00 23601 20FT. Aluminum Headwall Al90 LF $ ,30 oZ' $ 2360.2 18FT Culvert Piles (18 R Pile) 25 LF $ 2360.3 14FT Aluminum Headwall 50 LF $ 2360.4 8 FT Aluminum Headwall 24 LF $ 2577.1 Sidewalk Restoration .920 SF $ 2577.2 Extend 36-inch Concrete Pipe 8 LF $ 2577.3 Replace Guardrail w/Anchorage 1 LS $ 2615.2 Culvert Cleaning 1 LS $ 2825.2 6-Feet Chain Link Fence 230 LF $ 2920.1 Sod 200 SY $ Indemnification 1 LS $ 10.00 *Contingency Allowance 1 LS $ 19,000.00 GRAND TOTAL: $ *Reference Page 39, Para 35 of the Special Provisions for terms of the Contingency Allowance. NAME OF BIDDER: ' A9 00 $ 1449006 170 W $ a23, 6.VD 1150 �o $ �O' 90000 boa $ yr GOp nO $ 131900 °D $ 1 r, wo 00 $ r, s v" 3S °o 19j D5,0 $ $ 10.00 $ 19,000.00 of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.06-13B WESTWOOD DRIVE CULVERT IMPROVEMENTS PROJECT Submitted by:u�' r THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, .and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will, complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SCH-3 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division BID FORM (continued) ' BID NO.06-13B WESTWOOD DRIVE CULVERT IMPROVEMENTS PROJECT 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 beat the expense of the bidder. --&:AJe X 6-+.11E 1 hrtSE-S A,, uthorized Signature / T`�`a rn i c�jU�G.L Typed/Printed Name f'K ~ 72SL V100 Telephone Fax Email address for above si ner (if any) Company Name Address 4010hapo �&C44 3306V City"State, ZIP 5",. 2 d ( 4 ( 19 -- �Federal Tax ID Number Contractor's License Number SCH-4 Bid Form & Schedule of Bid Prices of Tamarac Purchasing and Contracts Division BID FORM (continued) 44 C BID NO. 06-13B WESTWOOD DRIVE CULVERT IMPROVEMENTS PROJECT Bidder's Name: TERMS: % (percent discount, if any, if payment made within -- DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed 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. SCH-5 Bid Form & Schedule of Bid Prices City of Tamarac - (0 purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of�) County of ) )ss. and says that: being first duly'sworn, deposes He/she is the , (Owner, Partner, Officer, Representative or Agent) of 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; 6. Such Proposal is genuine and is not a collusive or sham Proposal; 7. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror;. firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached. Proposal has been submitted.; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror; firm, or person to fix the price or prices in the attached -Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the. Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 8. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By ov Pri d Name Sc' Title 42 of Tamarac and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Florida, On this the � day of , 20�, the State of Florida, person appeared /% W before me, the undersigned Notary Public of (Name(s) of individual(s) who appeared before notary) and 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: Maria Lilian Latiegue x MY COMMISSION # DD2211 A8 EXPIRES *i June 9, 2007 ' BONDED THRU TROY FAIN INSURANCE, INC 191,4110 NOTA LIC, STATE OF FLORIDA `G � T_�.. (Name of N ry Public: Print, Stamp, or Type as Commissioned) r Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or Pi DID NOT take an oath 43 City of Tamarac Purchasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION �2 OTHER ❑ If• "O xplain: Signature Typed/Printed Name Company Name Address *15, q- IgS _. ro G1�U 3�G tom' C 330 Telephone City, State, ZIP Fax Federal Tax ID Number Email address for above s gner (if any) �9 A Contractor's L(Wense N mu be 44 City of Tamarac Purchasing and Contracts Division -Waft _, BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to qudstions made hereinafter: il Name of Company Address City State Zip Telephone Fax Number How many years has your organization been in business under its present name? Years 2. If Vendor: is operating under Fictitious Namesubmit evidence of compliance with Florida Fictitious Name Statute: , 3. Under what former name(s) has your business operated? l EAt E' DC 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 ❑ Noj If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker of the commodities/services bid upon? Q or Manufacturer ❑ 8. Have you ever received a contract or a purchase order from the Cityof Tam arac or other governmental entity? Yes E9 No ❑ If yes, explain (date, se etc.) bid rviceproject,title 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ®. If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No % If yes, explain: 941 of Tamarac Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 46 of Tamarac Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference,omay 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 implementati f this section. As the person authorized to sign the statement, I i that this form comp i I with the above requirements. uthonze 1 Company Name r 47 VU)JII LVVU IV.LV Inn QJ IVVIVL W1 vv 1f v 2006-AUG-31 04;01PM FROM -PUBLIC WORKS 7241365 T-328 P.002/002 F-484 Purthesing and Contracts Division C of Tarnarea LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perforrn�Work under this bid in excess of one-half of one W Work that Will beercent of n®nby �ah Total Bid Price, and shall also list the portion of the 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 51d as non -responsive and may cause Its rejection. % Total Contractor subcontractor work to so Performed Contract t.laense No. Name/Address r33-,-23 )1140 ------------ 4s City of Tamarac Purchasing and Contracts Division '-- CERTIFIED RESOLUTION I,ynj C-4 CG (Name), the duly elected Secretary of (Coqrporate Title) , a corporation organized and existing under the laws of the State of :1�1 o x � 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 RESO VED TFJPJ :LOU (Name)", the _ duly Selected E S (Title of. Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/at Bid Bond, if such bond is required, to the City of Tamarac and such other Instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and"all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in farce 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. IZI_TIT, I=1 TITLE SIGNATURE Given under my hand and the Seal of the said corporation this 23 day of Ago�1 t , 20 .�O (SEAL) By: MdAte Secretary Corporate -Title NOTE: The above is a suggested farm of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 49 City of Tamarac Purchasing & Contracts Division TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costefor complyin§ 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 (Description) UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT -COST- EXTENDED COST L $ $ j+a B. $ $ C. $ $ D. $ $ TOTAL $' If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being dno - . onsive. DATE: a� (Signature) L:I•I �i i L•]'�'L��:Z� �i47 �► STATE OF: �0 `� COUNTY OF: t",b6.vWCAJ PERSO NALLY APPEARED ' BEFORE ME, the undersigned authority,. fL�n U 1%�.( ,.,-,�,, who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on tt ` Maria Liliana Latiegue _*. MY COMMISSION # DD221148 EXPIF ; • ! June 9, 2007 BONDEDTHRU TRAY FAIN INSURANCE, INC My Commission Expires: o�0 Lolb -1 50 BID BOND 06-5252 Y STATE OF FLORIDA) )SS: COUNT'( OF BROWARD) purchas;n9 & Contacts Diyrsiorn KNOW ALL MEN BY THESE PRESENTS, that We, Tenex Ente as Principal, and P:Lrst sealoraf':suret I are held and firmly bound unto the City of Tamarac, a municipal corporation of as Surety, the state of Florida in the penal sum of: lawful money on the FIVE PERCENT OF AMOUNT BID ***'; Dollars (... ---)ind United States, for the payment of which sum well and truly to be madeseverally, frmly by ourselves, our heirs, executors, administrators and successors Jointly and presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whe2re0ao a Principal has submitted the accompanying Bid, dated 23rd Au ust for: Bid No. NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, d deliver to (b) If said Bid shall be accepted and the Principal shall properly execute an sty aid Ci the appropriate Contract Documents, and shall l in lthen this fulfil tialll terms and conditions attributable to the acceptance of said� expressly shall be void; otherwise, it shall rem lit lof f ghee Surety farand t�being it any and all claims understood and agreed that the liability hereunder shall in no event exceed the amount of this obligation as herein stated. e Suret , for value received, hereby agrees that the obligations f tf the s l� n whi Surety and ThY said its bond shall be in no way impaired or affected by any ext s CITY may acCept such Bid; and said Surety does hereby waive notice of any extension. Signed and sealed this ,3rd -,day Of 12006 Principal 850 SW 14th court Pompano Bch, Fl. 33060 Business Address Pompano Bch. Fl. 33060 Citylstate/zip 954 788-8100 Business Phone Fi !Selord Surer cc Sure By Hamid Fouladi President Title Michele Attornev,ln-Fact" *Impress Corporate Seal ENTERPRISES, INC. City of Weston Contact: Sabrina Baglieri Assistant Director Construction Services Tel.: 954. 921. 7781 Jeffrey Skidmore Director of Community Services Tel.: 954. 389. 4321 PROJECT: Utilities Repair 12452 Wiles Road ■ Coral Springs, FL 33076 ■ (954) 510-0700 ■ Fax (954) 510-0702 REFRENCES Shahin Hekmat, P.E. City Engineer Tel.: 954. 921. 7781 1-75 @ Arvida South Bound Off Ramp Imp. Saddle Club Rd. & South Post Rd. Roundabout, Road & Drainage Improvements Tequesta Park, Drainage Improvement Landscaping and Road Improvements Bonaventure Mater Plan — Phase V Drainage Improvement Construction of Eagle Point Park South Post Road Improvements Swale Stabilization Sidewalk Improvements Bonaventure & Cross Walk Brick Pavers Saddle Club Road Improvements Road & Sidewalk Improvements Raquet Clue. Road & Sidewalk Improvements Blatt Road 1 AMOUNT: COMPLETION: $ 963,050.00 July 2006 $ 888,292.00 April 2006 $1.3 Million June 2005 $477,180.00 Feb. 2005 $836,494.00 Dec.2004 $500,000.00 Dec.2003 $1,350,000.00 Dec.2003 $279,706.00 July 2003 $200,000.00 Dec.2001 $370,000.00 $679,737.00 Dec.2000 $410,000.00 June 2000 $355,000.00 June 2000 City of Hallandale Beach Contact: Marc Gambrill, P.E. City Engineer Tel.: 954. 457. 1622 PROJECT: I AMOUNT: COMPLETION: Ansin Boulevard $832,839.00 Dec. 2004 Road and Drainage Improvements 25th yer / 3CTA 2000-2001-006 $351,110.00 Oct. 2001 Drainage Improvements and Reconstruction of a Portion of Emerald Drive at Layne Blvd. City of Sunny Isles Beach Contact: J. Scott Gombar, R.E. Director of Capital Improvements Tel.: 954. 931. 6799 PROJECT: AMOUNT: COMPLETION: Golden Shores Entrance Wall $198,180.00 Nov. 2005 Atlantic Blvd. Parking Lot & Drainage $300,000.00 Jan. 2005 Improvements ra City of Margate Contact: Samuel A. May Project Manager Tel.: 954, 972. 8126 Reddy Chitepu, P.E. Department of Environment and Engineering Services Tel.: 954. 972, 0828 PROJECT: AMOUNT: COMPLETION: Royal Palm Blvd. & MW 61$t and 63rd Ave $71,425.00 Oct. 2005 East River Dr. Restoration $ 430,000.00 Mar. 2005 Road and Drainage -improvements Ci of Ft. Lauderdale Contact: Mike Fayyaz Assistant City Engineer Tel.: 954. 828,6527 PROJECT: AMOUNT: COMPLETION: SE 261" Ave Idlewyld Dr. - Las Olas $950,000.00 Dec. 2003 Storm Drainage Improvements Idlewyel Neighborhood Gateway Merchant Sunrise Blvd. $135,558.00 Sep. 2001 C Miami & Ft. Lauderdale Contact: Catholic Cemeteries of the Archdiocese of Miami Inc. John Kissel Project Coordinator Tel.: 305. 206. 6163 PROJECT: AMOUNT: COMPLETION: Lady of Mercy Roadway $700,000.00 Oct. 2004 Queen of Heaven Citv of Tamarac Contact: Alan Lam, Project Manager Tel.: 954, 597.3712 John Olinzock, Project Manager Tel.: 954.597.3726 Project: AMOUNT: COMPLETION: Southgate Boulevard Streetscape, Inc. $ 1,239,469,00 Dec. 2006 NW 70th Ave Traffic Calming Improv. $ 769,113.00 Oct. 2006 rd J rluffi, a0w-;-7O0-GG4V 10. WQI+I000UUO rage: u I LJaLe; o/zo/Luuo IL: io:,no mvi � CERTIFICATE OF LIABILITY INSURANCE 8/23/2006 nmmDml PRODUCER 954 583-5444 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PCIICan In51.�1'anCe A Agency HOLDER. THIS. CERTIFICATE DOES NOT AMEND, EXTEND, OR g y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 6.M Cypress Rd Ste 208/7 INSURERS AFFORDING COVERAGE Plantation, FI 33317 INSURER A: Scottsdale Insurance INRI IRFn Tenex Enterprises Ina. INSURER B; Mapfre INSURER C: Colony Insurance 850 SW 14 Court Pompano Beach , FL 33060 INSURERD: AMCOmp INSURER E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWDDrM POLICY EXPIRATION DATE (MMIDDN1 j LIMITS A GENERAL LIABILITY EACH OCCURENCE $ 2,000,000.00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) ; 100,000.00 CLAIMS MADE f I OCCUR CLS1273634 625/2006 625/2007 MED EXP (Arty one person) $ 5,000,00 PERSONAL & ADV INJURY $ 2,000,000.00 GENERAL AGGREGATE $ 3,000,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPlOPAGG $ 2,000,000.00 PRO - POLICY JECT LOC B AUTOMOTIVE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ $1 0Q0 0DQ X BODILY INJURY (Per person) $ ,000,000 ALL OWNED AUTOS SCHEDULED AUTOS CA018972 6/25/2006 6/25/2007 X X X BODILY INJURY (Per accident) $ 1,000,000 HIRED AUTOS NON-OWNAt rrnS PROPERTYIPer $ 1,000r000 LIABILITY GARAGE AUTO ONLY - EA ACCIDENT $ X kh v Al rrn OTHER THAN EA ACC $ AUTO ONLY: AGO C EXCESS LIABILITY EACH OCCURENCE $ 3,000,000.00 X OCCUR CLAIMS MADE AGGREGATE $ 3,000,000.00 XS142516 6C162006 6/25/2007 $ $ DEDUCTIBLE RETENTION $ $ D WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY O TORY LIMITS E.L EACH ACCIDENT $ 1,000,000.00 WOV7061482 6/23/2006 6/23/2007 E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 E.L DISEASE - POLICY LIMIT $ 1,000,000.00 nruca DESCRIPTION OF OPERATtONSA.00ATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Culvert Improvements on Westwood Drlve. CERTIFICATE HOLDER IX ODITIONAL INSURED; INSURER LETTER: A CANCIFLILATION City of Tamarac SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Purchasing Division 7525 NW 88th Avenue Rm. 108 Tamarac, FL 33321 DAT THEOF, THE ISSUING COMPANYTO MAIL 30 EDAYS WORITTEN NOTICE TO THE CERTIFICATE HOLDERLNAM DEAVOR TO THE LEFT, --^eelT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT$ AGENTS OR REPRESENTATIVES. _ 9547242408 AUTHORIZED REPRESENTATIVE ACORD 25S (7197) Q4CORD CORPORATION 1988 This fax was sent from Pelican Insurance Agency, Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO. 1 BID NO.06-13B WESTWOOD DRIVE CULVERT IMPROVEMENT PROJECT DATE OF ADDENDUM. JULY 28, 2006 TO ALL PLANHOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid 06-13B, Westwood Drive Culvert Improvement Project. Page 14, Special Conditions, Para. 5. Permits and Licenses Replace language with the following; 5. PERMITS AND LICENSES The Contractor shall The successful Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as may be required by those ,agencies. Cost of any required permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. Bids must be stamped in on or before Wednesday, August, 23 2006, no later than 3:00 pm in the Purchasing Office at; City Hall, 7525 NW 88t" Ave., Purchasing Division, Room 108, Tamarac, FL 33321 All other terms, conditions and specifications remain unchanged for Bid No. 06-13B. Please acknowledge receipt of this Addendum No. 1, by returning it and/or acknowledging it in your bid submittal. NAME OF COMPANY: .-T-F 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamarac.org Equal opportunity Employer SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAc, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledqement BID NO.: 06-13B BID TITLE: WESTWOOD DRIVE CULVERT IMPROVEMENT PRJECT BID OPENING DATE/TIME: AUGUST 23, 2006 AT 3:00 PM LOCAL TIME BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-597-3569 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: BONDING: 5% Bid Bond, 100% Payment/Performance Bond Bid Pkg Cost: $90.00 GENERAL CONDITIONS These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by indicating such change in the Instructions to Bidders or in the special conditions of the bid. Any and all special conditions that may vary from these general conditions shall prevail over any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. SEALED BIDS This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: ! l 1 • ,1 G / .. COMPANY ADDRESS: AA5 -16 old 1 e)k COMPANY PHONE: o 13 �— NAME OF AUTHORIZED AGENT: s 10 e i-L TITLE OF AUTHORIZED AGENT: AR e 5 AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 3 ` & I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. ... ............. ... _..._... (-rty of Tamarac BID SCHEDULE Purchasing and Contracts Division Bidder agrees that any unit price listed is to be multiplied by the estimated quantity requirements listed below in order to arrive at the total price. For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. ITEM NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL PRICE 1010.4. Mobilization 1 LS $ •3j �`d $ 1570.1 Maintenance Of Traffic 1 LS $ �' as $ 2360.1 20FT. Aluminum Headwall 90 LF $ 'l T 3 $ 3 9' °% 00 2360.2 18FT Culvert Piles (18 ft file) 25 LF $ L e) $ /.21 0-'0 2360.3 14FT Aluminum Headwall 50 LF $ 3 y $ ! y Do , 2360.4 8 FT Aluminum Headwall 24 LF $ 33 d $ 2577.1 Sidewalk Restoration 920 SF $ t' 0 $ 2577.2 Extend 36-inch Concrete Pipe 8 LF $ .50 $ 9D C) 2577.3 Replace Guardrail w/Anchorage 1 LS $ / 1J1 .3-5-t7 $ / La, .3 YO 2615.2 Culvert Cleaning 1 LS $ / %2 0 4l- $ / Z; "-Z) 2825.2 6-Feet Chain Link Fence 230 LF $ JaZ -'0 0 $ 2920.1 Sod 200 SY $ ` D D $ I ' (n A Indemnification 1 LS $ 10.00 $ 10.00 *Contingency Allowance 1 LS $ 19,000.00 $ 19,000.00 GRAND TOTAL: *Reference $ + VIDA, Page 39, Para 35 of the / Special Provisions for terms of the Contingency Allowance. NAME OF BIDDER: SCH-2 Bid Form & Schedule of Bid Prices City of Tamarac A0k Purchasing and Contracts Division BID FORM (continued) BID NO.06-13B WESTWOOD DRIVE CULVERT IMPROVEMENTS PROJECT Submitted by: . AZ 1 ,J1 , THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and, Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date a y d G 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or, indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SCH-? Bid Form & Schedule of Bid Prices City of Tamarac �W- I Purchasing and Contracts Division BID FORM (continued) BID NO. 06-13B WESTWOOD DRIVE CULVERT IMPROVEMENTS PROJECT 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 a re es tha products and/or equipment to be delivered which fail to meet bid specifications t t cted by the City within thirty (30) days of delivery. Return of rejection will be at thepe se of the bidder. .J'rolized Signature 1 �`r� lL scoyq �1,jC Typed/Printed Name a4r. %J Company Name S� 0 Address ql�w - � V/ -0 1,3 At-, � �Q- 3-�063L Telephone City, State, ZIP ' Fax im—ail i,J address for above signer (if any) S>4C;z7i-/V/k Federal Tax ID Number 02, / J1- / Contractor's License Number a SCH-4 Bid Form & Schedule of Bid Prices of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 06-13B WESTWOOD DRIVE CULVERT IMPROVEMENTS PROJECT Bidder's Name: a/,-� a TERMS: % (percent discount, if any, if payment made wlthin DAYS; otherwise, terms are NET 30 days. Delivery/completion: 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, SCH-5 Bid Form & &Schedule of Bid Prrces of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of �- ) )ss. County of 2c t.t-1 _) and says that: A e � �- � � �' �''� cf being first duly sworn, deposes He/she is the 2iZecG,A e-• Y , (Owner, Partner, Officer, Representative or Agent) of , 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; B. 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,, r unla ul agreement on the part of the Offeror or any other of its agents, repres ntati s, owners, employees or parties in interest, including this affiant. Signed, sealed and d Witness Witness red in the presence of: 42 By + i L aJ Prin d Name fIR(f 5 Title City of Tamarac Purchasing and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of_��_ On this the Al day of U ,9 _ , 20 o 4, , before me, the undersigned Notary Public of the State of Florida, personally appeared ✓ o m -e (Name(s) of individual(s) who appeared before notary) and 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 NO ARY PU LIC, STATE OF FLORIDA' SEAL OF OFFICE: e. T ,► Utty An*ta (Name of Notary Public: Print, My Commission00202M Stamp, or Type as Commissioned) �ar Expires May 11, 2007 Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath of Tamarac -0 Purchasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements. Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: jIVIDUAL ❑ PARTNERSHIP ❑ CORPORATIONS OTHER, Explain:.��.'Red Signature Co pan Name V6 .Z) Ate. Typed/Printed Name Address q/ o /3 10d Telephone City, State, ZIP '71 Al Fax Federal Tax ID Number mail address for above signer (if any) ze Contractor's License Number 44 Purchasing and Contracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafte Name of Company )01P1'-QPJ A�Aj(- Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? '�5'0 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 contr ct or a purchase order from the City of Tamarac or other governmental entity? YesANo ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ NoIE�1f yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ NO f yes, explain: 45 of Tamarac A& Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State. Zip Phone/Fax Contact Name MM of Tamarac Purchasing and Contracts 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 rice p service are received by the State orb an q p price, quality, and y y 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 contenders 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 co munity, by any employee who is so convicted. 13. M' ke a good faith effort to continue to maintain a drug -free workplace through i plementation of this section. As the person authorized to sign the statement, I c rtify that this form complies fully with the above requirements. Au o zed Signature C. Compan Name 47 City of Tamarac Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Contract License No. Subcontractor Name/Address 46 of Tamarac and Contracts Division CERTIFIED RESOLUTION 1, (Name), the duly elected Secretary of (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 (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other Instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation t s y of 20. C (SEAL) By: Secretary r 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. co City of Tamarac Purchasing & Contracts Division TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE (Description) 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 (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. y11>i:A (Signature) Uai" : 191'. 1114arcl-=TTr=i : `r STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on.this day of , 20—. NOTARY PUBLIC My Commission Expires: 50 TEMP. RESO #1.1044 EXHIBIT #3 AGREEMENT BETWEEN THE CITY OF TAMARAC I.1N 07 TENEX ENTERPRISES INC. THIS AGREEMENT is made and entered into this 4 day of 206�, by and between the City of Tamarac, a municipal cdrporatiog with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Tenex Enterprises Inc, a Florida corporation with principal offices located at 12452 Wiles Road, Coral Springs, FL 33076 (the "Contractor") to provide for construction of culvert improvements at Westwood Drive. 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. 06-13B, 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 bid 06-13B as issued by the City, and the Contractor's Proposal, Bid No.06-1313 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 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 substantially completed within 78 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 included in the Contract Documents. In the event that any delays in the 2 Agreetnpnt I 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, Sixty Nine Thousand Dollars and no cents ($169,960.00) which includes a Nineteen Thousand Dollar ($19,000) contingency allowance. The contingency allowance shall only be paid to Contractor in accordance with Paragraph 35, Contingency Allowance, of the bid. 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. 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 increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory 3 Agreement 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. 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 4 Agreement 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 no 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. 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 5 Agreement such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 12) Indemnification 12.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 6 Agreement 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 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 7 Agrooment CONTRACTOR Tenex Enterprises Inc. 12452 Wiles Road Coral Springs, FL 33076 (954) 788-8100 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. 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 8 Agroomont 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. 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 9 Agree ont 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. -ATT T: .yMarion Swenson, CIVIC City Clerk Dette ATTEST: N/A Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC T Beth Flansbaum-Talabisco, Mayor D to 1 $ r 1.4 - Jeffrey LMAilldr, City Manager _ � Date Approved as to form and legal sufficiency: t1 Date TENEX , ` C Lpany Name Signature of President/Owner Hamid Fouladi Type/Print Name of President/Owner --...-a ' - 6--- __ Date -10 AgreemoM CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF IDW (5-(- a ' 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 Hamid Fouladi, of Tenex Enterprises Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of hG 2006 Maria liliana latiegue MY COMMISSION # DD221148 EXPIRES )une 9, 2007 ,�r•• - •dr' BONDED THRU TROY FAIN INSURANCE, INC ign re of Notary Public St t f Florida at Large (G O t P_. Print, pe 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. ? 1 Agreement