HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-028Temp. Reso. 10889
February 22, 2006
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006- 2 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD RFP #06-04R
AND EXECUTE AN AGREEMENT WITH MGI-MORGAN
GENERAL MECHANICAL GROUP, INC. FOR THE
DESIGN/BUILD OF THE TAMARAC PUBLIC SERVICE
CENTER FUEL ISLAND AND UNDERGROUND FUEL
STORAGE TANK REPLACEMENT PROJECT FOR AN
AMOUNT NOT TO EXCEED $244,800.00 FROM THE
APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVITE DATE.
WHEREAS, the City has determined underground storage tanks at Public Service
Center must be replaced by Year 2009; and
WHEREAS, the City has sought competitive design/build proposals for the removal
and replacement of the Tamarac Public Service Center Fuel Island and Underground Fuel
Storage Tanks; and
WHEREAS, the City published Request for Proposals RFP #06-04R for the
design/build of the Tamarac Public Service Center Fuel Island and Underground Fuel
Storage Tank Replacement Project; and
and
WHEREAS, Request for Proposals RFP #06-04R is attached hereto as Exhibit "1 ";
WHEREAS, the City examined responses from MGI-Morgan General Mechanical
Group, Inc.; and
Temp. Reso. 10889
February 22, 2006
Page 2 of 4
WHEREAS, the above mentioned firm submitted a written proposal to the RFP
Selection and Evaluation Committee consisting of the Public Works Director - Jack Strain,
City Engineer - John Doherty, Public Works Operations Manager - Douglas Ritchie, Utilities
Director - Ray Gagnon, and Utilities Operations Manager - Scott London; and
WHEREAS, MGI-Morgan General Mechanical Group, Inc. was the sole respondent
to Request for Proposals RFP #06-04R; and
WHEREAS, the RFP Selection and Evaluation Committee determined that the
response submitted by MGI-Morgan General Mechanical Group, Inc., attached hereto as
Exhibit "2", was best able to meet the needs of the City; and
WHEREAS, the City of Tamarac has negotiated an agreement with MGI-Morgan
General Mechanical Group, Inc. attached hereto as Exhibit "Y for their services at a cost
not to exceed $244,800.00, as outlined in the Design Criteria Package, hereto attached as
Attachment "A" to Exhibit 1 ";and
WHEREAS, it is the recommendation of the Director of Public Works and the
Purchasing and Contracts Manager that the contract for the design/build of the Tamarac
Public Service Center Fuel Island and Underground Fuel Storage Tank Replacement
Project be awarded to MGI-Morgan General Mechanical Group, Inc.; 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 RFP #06-
04R for the design/build of the Tamarac Public Service Center Fuel Island and
Underground Fuel Storage Tank Replacement Project at a cost not to exceed
$244,800.00.
Temp. Reso. 10889
February 22, 2006
Page 3 of 4
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: MGI-Morgan General Mechanical Group, Inc. is awarded the
Request for Proposal RFP #06-04R for the design/build of the Tamarac Public Service
Center Fuel Island and Underground Fuel Storage Tank Replacement Project at a cost not
to exceed $244,800.00.
SECTION 3: That the appropriate City officials are hereby authorized to
execute an Agreement between MGI-Morgan General Mechanical Group, Inc. and the City
of Tamarac for the design/build of the Tamarac Public Service Center Fuel Island and
Underground Fuel Storage Tank Replacement Project (attached hereto as Exhibit "3" ).
SECTION 4: That the funding in an amount not to exceed $244,800.00 is
hereby approved.
SECTION 5: The Resolution authorizes necessary budget transfers to
accommodate this action.
SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: 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. 10889
February 22, 2006
Page 4 of 4
SECTION 8: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of aJ 2006.
ATTEST:
C ff4 RECORD OF COMMISSION'
MARION SWENSON, CMCI MAYOR SCHREIBER _
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
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1kMUEL S1 G
CITY ATTOF
JOE SCHREIBER
MAYOR
1
1
Temporary Reso. No. 10889 — Exhibit 1
REQUEST FOR PROPOSALS
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RFP 06-04R
DESIGN/BUILD OF THE TAMARAC
PUBLIC SERVICE CENTER FUEL
ISLAND & UNDERGROUND FUEL
STORAGE TANK REPLACEMENT
Issued on behalf of
the Public Works Department
City of Tamarac
iPurchasing Division
i 7525 NW 88th Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 724-2450
IREQUEST FOR PROPOSALS
OV: TA
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OR1Qo
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RFP 06-04R
DESIGN/BUILD OF THE TAMARAC
PUBLIC SERVICE CENTER FUEL
ISLAND & UNDERGROUND FUEL
STORAGE TANK REPLACEMENT
ISSLIed on behalf of
the Public Works Departrnent
City of Tamarac
Purchasing Division
7525 NW $8th Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 724-2450
(Z)F TAM
City of Tamarac
"Committed to Excellence... Always"
�OR10
Purchasing and
Contracts Division
DATE: January 8, 2006 Design/Build NO.06-04R
REQUEST FOR PROPOSALS
ALL QUALIFIED PROPOSERS:
Sealed Proposals, will be received in the Purchasing Office, 7525 NW 88th Avenue,
Room 108, Tamarac, Florida 33321-2401 until 4:00 PM local time on Friday, January
27, 2006 for:
DESIGN/BUILD OF THE TAMARAC PUBLIC SERVICE CENTER FUEL ISLAND AND
UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
Sealed Requests for Proposals (RFP) must be received and time stamped in the
Purchasing Office, 7525 NW 88t" Avenue, Room 108, Tamarac, FL 33321, on or before
the date and time referenced above. Any Proposals received after 4:00 PM on said date
will not be accepted. Official time shall be measured by the time stamp in the Purchasing
Office relative to any uncertainty regarding the time a Proposal was received.
The City of Tamarac, Florida, hereinafter referred to as City, is seeking Requests for
Proposals from qualified design/build firms to provide all necessary professional design
services and all labor, materials and equipment necessary to design and construct the
City of Tamarac Public Service Center Fuel Island and replace underground fuel
storage Tanks.
Proposals are subject to the attached Standard Terms and Conditions contained in the
Instructions to Proposers.
CITY. reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re -advertise for Proposals, to award in whole
or in part to one or more Proposers, or take any other such actions that may be deemed
to be in the best interests of the CITY. For inquiries, contact the Purchasing Office at
(954) 597-3570.
James Nicotra, CPPB
Senior Procurement Specialist
Publish Sun -Sentinel: January 8 and January 15, 2006.
7525 NW 88th Avenue Tamarac, Florida 33321-2401 � (954) 724-2450 v. Fax (954) 724-2408 www.tamarac.org
Equal Opportunity Employer
JF
TABLE OF CONTENTS
RFP 06-04R
Instructions to Proposers.................................................................................................
5
Definitions....................................................................................................................
5-6
Statementof Work..........................................................................................................
6
Scopeof Services...........................................................................................................
6
Submission of Sealed Proposals.....................................................................................
7
ProposalRequirements...................................................................................................
8
Selection/Negotiation Process........................................................................................
9
Criteria for Selection...................................................................................................
9-10
Scheduleof Events.......................................................................................................
10
Right to Reject Proposals..............................................................................................
10
Questions Regarding the RFP......................................................................................
10
InsuranceRequirements .......... ....... .........................................................................
10-12
Standard Terms & Conditions..................................................................................13-21
Qualifications of Proposers...........................................................................................
17
Offeror's Qualification Statement.............................................................................
22-26
Non -Collusive Affidavit.............................................................................................
27-28
Vendor Drug Free Workplace........................................................................................
29
TrenchSafety................................................................................................................
30
Certification...................................................................................................................
31
CertifiedResolution .................... _.................................................................................
32
FormPayment Bond ............. ...................................................................................
33-35
Form Performance Bond... .......................................................................................
36-39
Applicationfor Payment................................................................................................
40
ChangeOrder............................................................................................................... 41
Final Release of Lien by Contractor......................................................................... 42-43
References.................................................................................................................... 44
Listof Subcontractors.................................................................................................... 45
Sample Contractor Agreement................................................................................. 46-56
Attachment "A" Design Criteria Package................................................................... TBA
Attachment «B„ Proposal Form ...................................... ................................ I.......... 57-58
f r.
REQUEST FOR PROPOSALS
RFP 06-04R
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
I. INSTRUCTIONS TO PROPOSERS
Pursuant to Florida Statutes, Chapter 287.055 (Consultants. Competitive Negotiations
Act) and Tamarac City Code, Section 6-151(2), Professional Services, the City of
Tamarac seeks to identify firms with substantial experience and capabilities to propose
on a Design/Build of the Tamarac Public Service Center Fuel Island and Underground
Fuel Storage Tank Replacement Project.
II. DEFINITIONS
Whenever the following terms appear in the Proposal, the intent and meaning shall be
interpreted as follows:
Design build contract: A single contract with a design -build firm for the design and
construction of a public construction project.
Design -build firm: A partnership, corporation, or other legal entity that:
Is certified under F.S § 489.119, to engage in contracting through a certified or
registered general contractor or certified or registered building contractor as the
qualifying agent; or
Is certified under F.S. § 471.023, to practice or to offer to practice engineering;
certified under F.S. § 481.219, to practice architecture; or certified under
F.S. § 481.319, to practice or to offer to practice landscape architecture.
Board: The City Commission members of Tamarac, Florida, its successors and assigns.
Contract: The written agreement for performance of the Scope of Work entered into
between the City and the successful proposer.
Contract Administrator: The City's Public Works Department's Director, or some other
employee expressly designated as Contract Administrator in writing by the Public Works
Director, who is the representative of the Board concerning the Contract Documents.
Notice to Proceed: A written notice to Firm authorizing the commencement of work.
Plans and/or Drawings: The official graphic representations of this construction project.
ycorporation_itting a proposal for this project,
Proposer: An individual, firm, or submitting
acting directly or though a duly authorized representative. For the purpose of this
Agreement, Proposer shall mean the same thing as the Bidder.
Offeror and Proposer: Can be used interchangeably but have the same meaning.
Successful Proposer: the qualified, responsible and responsive Proposer to whom CITY
(on the basis of CITY'S evaluation as hereinafter provided) makes an award.
CITY: the City of Tamarac, a municipal corporation of the State of Florida.
Proposal Documents: the Request for Proposals, Instructions to Offerors, Proposal Forms,
Design Criteria Package, Specifications, if any, Certification, Certified Resolution, and the
proposed Contract Documents, if any, (including all Addenda issued prior to receipt of
Proposals).
III. STATEMENT OF THE WORK
The City of Tamarac is seeking to engage qualified firms to submit proposals for the
Design/Build of the Tamarac Public Service Center Fuel Island and Underground Fuel
Storage Tank Replacement Project, developing cost estimates with product
specifications for removal of four (4) underground tanks, replacement of fuel island
center including canopy and installation of two (2) new 10,000 gallon double -wall tanks.
The scope of this project includes the following components:
• The design/build of the Tamarac Public Service Center Fuel Island and
Underground Fuel Storage Tanks Replacement Project is located at 6011 Nab
Hill Road.
• Work shall be completed in accordance with latest editions of all codes including,
but not limited to Federal, State, County and local applicable codes.
Budgeted funds for this project are currently $200,000. The project completion date is by
June 1, 2006.
IV. SCOPE OF SERVICES
See Attachment "A", Design Criteria Package
V. QUALIFICATIONS OF PROPOSERS
Proposals will be considered from qualified firms whose experience includes successful
work in the industry.
• The Proposer must be a design builder, which is defined as a partnership,
corporation or other legal entity that is either certified to engage in contracting or
certified to practice engineering or architecture and landscape architecture.
The following is a list of the types of design -build firms:
o Engineer / Architect led team
o General Contractor led team
o Joint Venture: Engineer/ General Contractor
o Integrated Firms
• The firm must possess demonstrated experience in design build and
implementation of a variety of public construction projects, including fuel storage.
• The firm must have sufficient qualified staff to complete applicable work in the
time required and in accordance with State statutes and standards.
VI. SUBMISSION OF SEALED PROPOSALS
Proposers should submit one (1) original and six (6) copies in a sealed envelope
identifying Proposer's name and Design/Build number and respond to each of the
following items as clearly as possible:
1. A brief but complete history of your firm.
2. Firm's current Proof of Insurance
3. Resumes of key personnel who will actually be assigned to the project describing
their role. Note: Tamarac expects those listed to be those who will actually
perform the work. No substitutions will be permitted except in the most dire
conditions.
4. A list of at least three (3) similar projects performed during the last five years
including the following information:
a. Name of the entity for which the work was performed;
b. Brief description of the scope of the project;
C. Name of contact person with the entity and current telephone number who
can knowledgeably discuss your firm's role and performance in the project.
5. Provide financial statements for your company's last two (2) years of operation
including balance sheet and income statement on the most current year.
6. Any other information the firm feels is relevant to evaluating the firm's
qualifications.
7. Include a timeline of major event activities through start up to project completion.
VI1. SUBMISSION REQUIREMENTS
One (1) original and six (6) copies of the submittals shall be mailed or hand delivered to:
City of Tamarac Purchasing Division
7525 N.W. 88th Ave., Room 108
Tamarac, FL 33321
Attn: Jim Nicotra, Senior Procurement Specialist
VI11. PROPOSAL REQUIREMENTS
A.
L=3
C.
Technical Proposal
1. Submit a detailed description addressing your firm's approach and
work plan for all aspects of the proposed project.
2. Submit a brief statement explaining why your firm's proposal would
be the most effective and beneficial to the City of Tamarac.
3. Submit complete descriptions, layouts and drawings of the
proposed site plan, including but not limited to, the criteria listed in
Attachment "A", Design Criteria Package.
4. Submit a Construction schedule based on start up of a fully
operational new Public Services Center Fuel Island by June 1,
2006, and address your firm's commitment to said schedule.
5. Submit a detailed narrative specifically describing how the site
planning and design will be conducted; please address each
component described in Attachment "A", Design Criteria Package.
6. Submit the name(s) of subcontractor(s) who will be used during the
construction phase of the project.
Price Proposal
Submit your signed, firm, fixed fee performance -based price proposal, on
the Proposal Form included herein, for providing all professional design
services, labor, materials, equipment and other services, supplies and
incidentals necessary for construction. The City's budget for this project is
$200,000.00.
Proposal Copies
Submit one (1) original and six (6) copies, in sealed envelopes, to the
attention of James Nicotra, 7525 NW 88th Avenue, Room 108, Tamarac,
Florida 33321. Clearly identify the original document with the word
"Original", either on the cover or the first page of the Proposal.
D. Addenda, Additional Information
Any addenda or answers to written questions supplied by City to participating
Proposers become part of the RFP and resulting contract. All addenda
should be acknowledged, signed by an authorized company representative,
dated and returned with firm's proposal, however, all addenda must be
signed & returned within three (3) days of City's request.
No negotiations, decisions or actions shall be initiated or executed by
Proposer as a result of any discussions with any City employee. Only those
communications that are in writing from the Senior Procurement Specialist or
designee shall be considered as a duly authorized expression. Also, only
communications from Proposers that are in writing will be recognized by the
City as duly authorized expressions on behalf of the Proposer.
IX. SELECTION/NEGOTIATION PROCESS
An Evaluation/Negotiation Committee has been appointed by the City Manager and will
be responsible for scoring the firms proposals to this RFP.
Each firm should submit documents that provide evidence of capability to provide the
services required for the committee's review. After independent review of all Proposals
by the evaluation committee, public presentations may be required prior to final scoring
to determine the highest ranked firm. The committee will then attempt to negotiate an
agreement with the highest ranked firm which will be recommended to the Board for
award. If the City is unable to negotiate a final agreement with the highest ranked firm,
negotiations will be ended by City. The City shall then commence negotiation with the
next highest ranked firm and so on until an agreement is executed.
X. CRITERIA FOR SELECTION
The Evaluation/Negotiation Committee shall evaluate the proposals and may require
presentations be made to the committee per the "Schedule of Events" schedule with all
responsive Proposers. The committee shall evaluate the proposals based on the
following weighted criteria:
1. Background, education and experience of the firms staff members who will be
assigned to the project; Ability of the design/build team to provide all of the
expertise necessary to successfully complete the work. 15 Points
2. Availability of the proposed staff members; Current size of and projected work load
of the design/build team; Ability to provide onsite time for meetings, training and
cooperative review of work products. 20 Points
3. Knowledge of the proposed work; Ability to suggest and apply new technologies or
approaches that may either: reduce the cost and time frame, or improve the quality
of the, work products. 15 Points
4. Team Work History: It is desired the Design Build team or partnership should have
worked together on at least two other similar projects and evidence such for higher
evaluation consideration by the committee. 15 Points
5. Strength of response to the Technical Proposal requirements contained herein.
15 Points
6. Proposal bid amount. 20 Points
Maximum Possible: 100 Points
* Project Cost (item 6 above) will be calculated as per the following example.
Firm A: Proposed Price $20,000 Percentage = 100% X Weight (20) = 20 Points
Firm B: Proposed Price $ 25,000 Percentage = 80% X Weight (20) = 16 Points
Firm C: Proposed Price $28,000 Percentage = 71 % X Weight (20) = 14 Points
Firm B's percentage is $20,000 � $25,000 = 80%
Firm C's percentage is $20,000 r $28,000 = 71 %
These weighted criteria are provided to assist the Proposers in the allocation of their
time and efforts during the submission process. The criterion also guides the Evaluation
Committee during the final ranking of Proposers by establishing a general framework for
those deliberations.
As the best interest of the CITY may require, the right reserved to reject any and all
proposals or waive any minor irregularity or technicality in proposals received.
Proposers are cautioned to make no assumptions unless their proposal has been
evaluated as being responsive. Additional information may be required of the proposer
during the evaluation process to clarify the Proposers presented information.
XI. SCHEDULE OF EVENTS
Event
Date on or b
1.
Issuance of Request for Qualifications
01/08/06
2.
Opening of RFQ 06-04R Proposals
01/27/06
3.
Team Presentations & Committee Evaluation
01/30/06
4.
Contract Negotiations
01 /31 /06-02/02/06
5.
Award of Contract
02/08/06
CITY reserves the right to revise scheduled dates.
XII. RIGHT TO REJECT PROPOSALS
As the best interest of the CITY may require, the right is reserved to reject any and all
proposals or waive any minor irregularity or technicality in proposals received.
Proposers are cautioned to make no assumptions unless their proposal has been
evaluated as being responsive. Additional information may be required of the proposer
during the review and selection process to clarify the Proposers presented information.
The City of Tamarac reserves the right without prejudice to reject any or all proposals.
XIII. QUESTIONS REGARDING THE RFP
Questions regarding the project or the proposal process shall be directed in writing to
Jim Nicotra, Senior Procurement Specialist, City of Tamarac, 7525 NW 88th Avenue,
Tamarac, FL 33321 or by fax (954) 597-3565.
CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE
SENIOR PROCUREMENT SPECIALIST OR DESIGNATED REPRESENTATIVE
REGARDING THIS REQUEST FOR QUALIFICATION MAY BE GROUNDS FOR
ELIMINATION FROM THE SELECTION PROCESS.
XIV. INSURANCE REQUIREMENTS
The Design/Build team agrees to, in the performance of work and services under this
Agreement, comply with all Federal, State and Local laws and regulations now in effect,
or hereinafter enacted during the term of this Agreement that are applicable to firm, its
employees, agents or subcontractors, if any, with respect to the work and services
described herein.
Design/Build firm shall obtain at their expense all necessary insurance in such form and
amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Consultant shall maintain such insurance in full force and effect
during the life of this Agreement. Firm shall provide to the City's Risk Manager
certificates of all insurances required under this section prior to beginning any work
under this Agreement. The Firm will ensure that all sub Consultants and sub
Contractors comply with the above guidelines and will retain all necessary insurance in
force throughout the term of this agreement.
The Design/Build firm shall indemnify and hold the City harmless for any damages
resulting from failure of the firm to take out and maintain such insurance. The
Design/Build firm's Liability Insurance policies shall be endorsed to add the City as an
additional insured. The firm shall be responsible for payment of all deductibles and self-
insurance retentions on Design/Build firm's Liability Insurance policies.
Firm shall maintain in full force and effect during life of contract, Workers' Compensation
insurance covering all employees in performance of work under the contract.
Design/Build firm shall make this same requirement of any of its subcontractors.
The following are required types and minimum limits of insurance coverage, which the
Consultant agrees to maintain during the term of this contract:
ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE
$1,000,000/2,000,000
Neither Design/Build firm nor any subcontractor shall commence work under this
contract until they have obtained all insurance required under this section and have
supplied owner with evidence of such coverage in the form of a Certificate of Insurance
and endorsement. The City shall approve such certificates.
ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at.least A VII per Best's
Key Rating Guide; be licensed to do business in Florida.
All policies provided shall be Occurrence not Claims Made forms. The Design/Build
firm's insurance policies shall be endorsed to add the City of Tamarac as an Additional
Insured and shall be responsible for all deductibles.
All of the policies of insurance so required to be purchased and maintained shall contain
a provision or endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice has
been given to the City by certified mail.
GOVERNING LAW:
.._ .... .
INTERESTED CONSULTANTS WILL AGREE THAT CONTRACTS SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE
BROWARD COUNTY.
The City reserves the right to ask questions, for clarification purposes, of any or
all Proposers as part of its evaluation. The Proposer shall be prepared to present
a briefing regarding the manner in which the contractual obligations will be
accomplished. In addition, it is highly recommended the Proposer have the
appropriate management level staff represent the firm during the presentation
phase, if applicable. The designated project manager should be available.
Submitted project cost shall not be subject to change until formal negotiations
have begun with a designated firm.
STANDARD TERMS AND CONDITIONS
RFP 06-04R
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
1. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
1.1 Before submitting a Proposal, each Proposer must:
a. visit the site to familiarize themselves with the facilities and equipment
that may in any manner affect cost, or performance of the work;
b. consider federal, state and local laws, ordinances, grants, rules and
regulations that may in any manner affect cost or performance of the
work;
C. study and carefully correlate the Proposer's observations with the
Proposal Documents; and
d. notify the Senior Procurement Specialist or designee of all conflicts,
errors and discrepancies, if any, in the Proposal Documents.
1.2 The Proposer, by and through the submission of a Proposal, agrees that
they shall be held responsible for having examined the facilities and
equipment; familiarized themselves with the nature and extent of the work
and any local conditions that may affect the work to be done and the
equipment, materials, parts and labor required.
2. SPECIFICATIONS
2.1 The apparent silence of the Design Criteria / Specifications as to any detail,
or the apparent omission from it of a detailed description concerning any
point, shall be regarded as meaning that only the best commercial practice is
to prevail and that only material and workmanship of the finest quality are to
be used. All interpretations of the Specifications shall be made on the basis
of this statement.
2.2 For the purpose of evaluation, the Proposer must indicate any variance or
exceptions to the stated Specifications, no matter how slight. Deviations
should be explained in detail. Absence of variations and/or corrections will
be interpreted to mean that the Proposer meets all the Specifications in
every respect.
2.3 Any manufacturers' names, trade names, brand names, information and/or
catalog numbers used herein are for the purpose of describing and
establishing a general standard of quality, performance and characteristics
and are not intended to limit or restrict competition. The Proposer may offer
any brand, which meets or exceeds the specifications for any item(s). If a
Proposal is based on equivalent products, indicate on the Proposal the
manufacturer's name and catalog number. Proposer shall submit with their
Proposal complete, descriptive literature and/or specifications. The Proposer
should also explain in detail the reason(s) why and submit proof that the
proposed equivalent will meet the specifications and not be considered an
exception thereto. The determination of equivalency shall rest solely with the
CITY. If Proposer fails to name a substitute, it will be assumed that they are
bidding on and they will be required to furnish goods identical to Proposal
standards or recommended standards.
3. INTERPRETATIONS AND ADDENDA
If the Proposer should be in doubt as to the meaning of any of the Proposal
Documents, is of the opinion that the Conditions and Specifications contain errors or
contradictions or reflect omissions, or has any question concerning the conditions
and specifications, they shall submit a written request directed to the Senior
Procurement Specialist or designee for interpretation or clarification. Such request
should reference the date of Proposal opening and Proposal number and should be
received by the Senior Procurement Specialist or designee at least seven (7)
calendar days prior to the opening date of the Proposals. Questions received less
than seven (7) calendar days prior to the Proposal opening may not be answered.
Interpretations or clarifications in response to such questions will be issued in the
form of written addenda transmitted either via email or faxed to all Proposers
recorded by the Purchasing Office as having received the Proposal Documents.
The issuance of a written addendum shall be the only official method whereby such
an interpretation or clarification will be made.
4. COSTS AND COMPENSATION
4.1. Costs and compensation shall be shown in both unit amounts and
extensions whenever applicable. In the event of discrepancies existing
between unit amounts and extensions or totals, unit amounts shall govern.
4.2. All costs and compensation shall remain firm and fixed for acceptance for
ninety 90 calendar days after the day of the Proposal opening.
4.3. The costs and compensation proposed shall include all franchise fees,
royalties, license fees and other costs arising from the use by such design,
equipment and/or materials in any way involved in the work as well as all
costs of transporting and service to the required locations.
5. NON -COLLUSIVE AFFIDAVIT
Each Proposer shall complete and submit the Non -Collusive Affidavit. CITY
considers the failure of the Proposer to submit this document to be a major
irregularity and may be cause for rejection of the Proposal.
6. PUBLIC ENTITY CRIMES
In accordance with F.S. §287,133 (2)(a): A person or affiliate who has been
placed on the convicted vendor list following a conviction for public entity crime
may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real
7.
9.
i M
}
property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Florida Statutes Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
CONFLICT OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida Statutes. Proposers must disclose with their Proposal the name of any
officer, director, partner, proprietor, associate or agent who is also an officer or
employee of CITY or any of its agencies. Further, all Proposers must disclose the
name of any officer or employee of CITY who owns, directly or indirectly, an interest
of five percent (5%) or more in the Proposer's firm or any of its branches or affiliate
companies.
PERFORMANCE BONDS AND INSURANCE
the Successful Proposer shall submit performance and payment bonds on City
forms in the amount of 100% of contract amount as well as certificates and/or
policies of insurance in the manner, form and amount(s) specified within.
SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
9.1 The following is a summary of all documents, to be submitted at time of
proposal:
a. Proposal
b. Certification
C. Certified Resolution
d. Proof of Insurance Coverage Certificates
e. Trench Safety Form
f. Price Proposal Form (Attachment "B")
g. Acknowledgement of all Addendum, if any
h. • Offeror's Qualification Statement Form
i. Non -Collusive Affidavit
j. Vendor Drug -Free Workplace Form
k. References
I. List of Subcontractors
9.2 Additionally, the following documents must be submitted prior to award.
a. Signed & sealed Contractor Agreement (Sample Enclosed)
9.3 The following documents must be submitted prior to Notice to Proceed.
b. Payment and Performance Bonds 100% of contract price
C. Current and approved Insurance Certificates
10. SUBMISSION OF PROPOSALS
10.1 Proposals must be typed or printed in ink. Use of erasable ink is not
permitted. All corrections to prices made by the Proposer must be initialed.
10.2 Proposals must contain a manual signature of the authorized representative
of the Proposer. Proposals shall contain an acknowledgment of receipt of all
Addenda. The address and telephone number for communications
regarding the Proposal must be shown.
10.3 Proposals by corporations must be executed in the corporate name by the
President or other corporate officer accompanied by evidence of authority to
sign. The corporate address and state of incorporation must be shown
below the signature.
10.4 Proposals by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the
official address of the partnership must be shown below the signature.
10.5 Proposals shall be submitted to the Senior Procurement Specialist on or
before the date and time indicated in the Request for Proposal (RFP), and
shall be submitted in a sealed envelope (faxed proposals will not be
accepted under any circumstances). The envelope should be clearly marked
on the exterior "RFP 06-04R, DESIGN/BUILD OF THE CITY OF TAMARAC
PUBLIC SERVICE CENTER FUEL ISLAND AND UNDERGROUND FUEL
STORAGE TANK REPLACEMENT PROJECT," and shall state the name
and address of the Proposer and shall be accompanied by any other
required documents. Purchasing staff shall not be held responsible for the
premature opening of a Proposal not properly addressed and identified.
10.6 In accordance with Florida Statutes Chapter 119 (Public Records Law), and
except as may be provided by other applicable state and federal law, the
Request for Proposal and the responses thereto are in the public domain.
However, the Proposers are requested to identify specificallx any information
contained in their Proposals which they consider confidential and/or
proprietary and which they believe to be exempt from public disclosure.
10.7 All Proposals received from a Proposer in response to the Request for
Proposal will become the property of CITY and will not be returned to the
Proposer. In the event of Contract award, all documentation produced as
part of the Contract shall become the exclusive property of CITY.
11. MODIFICATION AND WITHDRAWAL OF PROPOSALS
11.1 Proposals may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Proposal must be executed) and delivered to
the place where Proposals are to be submitted at any time prior to the
deadline for submitting Proposals. A request for withdrawal or a modification
must be in writing and signed by a person duly authorized to do so.
Evidence of such authority must accompany the request for withdrawal or
modification. Withdrawal of a Proposal will not prejudice the rights of a
Proposer to submit a new Proposal prior to the Proposal opening date and
time. After expiration of the period for receiving Proposals, no Proposal may
i
be withdrawn or modified.
11.2 If, within twenty-four (24) hours after Proposals are opened, any Proposer
files a duly signed, written notice with CITY and within five (5) calendar days
thereafter demonstrates to the reasonable satisfaction of CITY by clear and
convincing evidence there was a material and substantial mistake in the
preparation of its Proposal, or that the mistake is clearly evident on the face
of the Proposal but the intended correct Proposal is not similarly evident,
then Proposer may withdraw its Proposal and the Bid Security, if applicable,
will be returned. Thereafter, the Proposer will be disqualified from further
bidding on the subject Contract.
12. REJECTION OF PROPOSALS
12.1 To the extent permitted by applicable state and federal laws and regulations,
CITY reserves the right to reject any and all Proposals, to waive any and all
informalities not involving price, time or changes in the work with the
Successful Proposer, and the right to disregard all nonconforming, non-
responsive, unbalanced or conditional Proposals. Proposal will be
considered irregular and may be rejected if they show serious omissions,
alterations in form, additions not called for, conditions or unauthorized
alterations, or irregularities of any kind.
12.2 CITY reserves the right to reject the Proposal of any Proposer if CITY
believes that it would not be in the best interest of the CITY to make an
award to that Proposer, whether because the Proposal is not responsive or
the Proposer is unqualified or of doubtful financial ability or fails to meet any
other pertinent standard or criteria established by CITY.
13. QUALIFICATIONS OF PROPOSERS
13.1 As a part of the Proposal evaluation process, CITY may conduct a
background investigation, including a record check through the Broward
Sheriffs Office. Proposer's submission of a Proposal constitutes
acknowledgement of this process and implies consent to such investigation.
13.2 No proposal shall be accepted from, nor will any contract be awarded to, any
person who is in arrears to CITY upon any debt or contract, or who is a
defaulter, as surety or otherwise, upon any obligation to CITY, or who is
deemed irresponsible or unreliable by CITY.
13.3 CITY reserves the right to make a pre -award inspection of the Proposer's
facilities and equipment prior to award of Contract.
14. INSURANCE
14.1 Proposer agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations
now in effect, or hereinafter enacted during the term of this agreement that
are applicable to Proposer, its employees, agents, or Subcontractors, if
any, with respect to the work and services described herein.
14.2 Proposer shall obtain at Proposer's expense all necessary insurance in
such form and amount as required by the City's Risk Manager before
beginning work under this Agreement. Proposer shall maintain such
insurance in full force and effect during the life of this Agreement.
Proposer shall provide to the City's Risk Manager certificates of all
insurance required under this section prior to beginning any work under
this Agreement.
14.3 Proposer shall indemnify and save the City harmless from any damage
resulting to it for failure of either Proposer or any Subcontractor to obtain
or maintain such insurance.
14.4 The following are required types and minimum limits of insurance
coverage, which the Proposer agrees to maintain during the term of this
contract:
Limits
Line of Business/ Coverage Occurrence Aggregate
Commercial General Liability $1,000,000 $2,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
14.5 The City reserves the right to require higher limits depending upon the
scope of work under this Agreement.
14.6 Neither Proposer nor any Subcontractor shall commence work under this
contract until they have obtained all insurance required under this section and
have supplied the City with evidence of such coverage in the form of an
insurance certificate and endorsement. The Proposer will ensure that all
Subcontractors will comply with the above guidelines and will maintain the
necessary coverage throughout the term of this Agreement.
14.7 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide
and be licensed to do business in Florida. Policies shall be "Occurrence" form.
Each carrier will give the City sixty (60) days notice prior to cancellation.
14.8 The Proposer's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Proposer's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
14.9 The Proposer shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Proposer purchase a bond to
'r
cover the full amount of the deductible or self -insured retention.
14.10 If the Proposer is to provide professional services under this Agreement,
the Proposer must provide the City with evidence of Professional Liability
insurance with, at a minimum, a limit of $1,000,000 per occurrence and in
the aggregate. "Claims -Made" forms are acceptable for Professional
Liability.
14.11 The Successful Proposer agrees to perform the work under the Contract
as an independent Contractor, and not as a subcontractor, agent or
employee of CITY.
14.12 Builder's Risk Insurance is required in an amount not less than the
replacement cost for the construction of the work. Coverage shall be "All
Risk" coverage for one hundred (100%) of the completed value.
15. INDEMNIFICATION
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.
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.
16. WARRANTIES
1.6.1 Successful Proposer warrants to CITY that the consummation of the work
provided for in the Contract documents will not result in the breach of any
term or provision of, or constitute a default under any indenture, mortgage,
contract, or agreement to which Successful Proposer is a party.
16.2 Successful Proposer warrants to CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened
with any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
16.3 Successful Proposer warrants to CITY that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its
obligations under the Contract.
16.4 All warranties made by Successful Proposer together with service warranties
and guaranties shall run to CITY and the successors and assigns of CITY.
17. NONDISCRIMINATION AND 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.
18. TAXES
Successful Proposer shall pay all applicable sales, consumer use and other similar
taxes required by law.
19. PERMITS, FEES AND NOTICES
Contractor shall be responsible for securing all City Building permits if applicable,
however all City permit fees are waived. The Contractor shall secure and pay for all
Non -City required permits and fees, licenses and charges necessary for the proper
execution and completion of the work. The costs of these permits, fees, licenses
and charges shall be included in the price Proposal, except where expressly noted
in the specifications requirement.
20. TERMINATION FOR CAUSE AND DEFAULT
In the event Successful Proposer shall default in any of the terms, obligations,
restrictions or conditions in any of the Proposal documents, CITY shall give written
notice by certified mail, return receipt requested to Successful Proposer of the
default and that such default shall be corrected or actions taken to correct such
default shall be commenced within ten 10 calendar days thereof. In the event
Successful Proposer has failed to correct the conditions of default or the default is
not remedied to the satisfaction and approval of CITY, CITY shall have all legal
remedies available to it, including, but not limited to termination of the Contract in
which case Successful Proposer shall be liable for all procurement and re -
procurement costs, and any and all damages permitted by law, arising from the
default and breach of the Contract.
21. TERMINATION FOR CONVENIENCE OF CITY
Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to Successful Proposer, CITY may without cause and without
i
ryJ,
prejudice to any other right or remedy, terminate the agreement for CITY's
convenience whenever CITY determines that such termination is in the best
interests of CITY. Where the agreement is terminated for the convenience of CITY,
the notice of termination to Successful Proposer must state that the Contract is
being terminated for the convenience of CITY under the termination clause and the
extent of termination. Upon receipt of the notice of termination for convenience,
Successful Proposer shall promptly discontinue all work at the time and to the
extent indicated on the notice of termination, terminate all outstanding
subcontractors and purchase orders to the extent that they relate to. the terminated
portion of the Contract and refrain from placing further orders and subcontracts.
except as they may be necessary, and complete any continued portions of the work.
22. CANCELLATION FOR UNAPPROPRIATED FUNDS
The obligation of the City for payment to a Contractor is limited to the availability
of funds appropriated in current fiscal period, and continuation of the contract into
a subsequent fiscal period is subject to appropriation of funds, unless otherwise
authorized by law.
23. AUDIT RIGHTS
CITY reserves the right to audit the records relating to this contract of Successful
Proposer at any time during the performance and term of the Contract and for a
period of three (3) years after completion and acceptance by CITY. If required by
CITY, Successful Proposer shall agree to submit to an audit by an independent
certified public accountant selected by CITY. Successful Proposer shall allow CITY
to inspect, examine and review the records of Successful Proposer at any and all
times during normal business hours during the term of the Contract.
24. ASSIGNMENT
24.1 Successful Proposer shall not assign, transfer or subject the Contract or its
rights, title or interests or obligations therein without CITY'S prior written
approval.
24.2 Violation of the terms of this paragraph shall constitute a breach of the
Contract by Successful Proposer and CITY may, at its discretion, cancel the
Contract and all rights, title and interest of Successful Proposer shall
thereupon cease and terminate.
OFFEROR'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of
all answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac
Purchasing and Contracts Manager
7525 NW 88"' Avenue
Tamarac, Florida 33321
Check One
Submitted By: ❑ Corporation
Name: ❑ Partnership
Address: ❑ Individual
City, State, Zip ❑ Other
Telephone No.
Fax No.
_
State the true, exact, correct and complete name of the partnership, corporation, trade
or fictitious name under which you do business and the address of the place of
business.
The correct name of the Offeror is:
The address of the principal place of business is:
If Offeror is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:
President's name:
Vice President's name:
Secretary's name:
Treasurer's name:
Name and address of Resident Agent:
If Offeror is an individual or a partnership, answer the following:
Date of organization:
Name, address and ownership units of all partners:
State whether general or limited partnership:
If Offeror is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals:
If Offeror is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
How many years has your organization been in business under its present business
name?
Under what other former names has your organization operated?
Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of
competency and/or state registration.
Have you personally inspected the site of the proposed work?
❑ YES ❑ NO
Do you have a complete set of documents, including drawings and addenda?
❑ YES ❑ NO
Did you attend the Pre -Proposal Conference if any such conference was held?
❑ YES ❑ NO
Have you ever failed to complete any work awarded to you? If so, state when, where
and why:
State the names, telephone numbers and last known addresses of three (3) owners,
individuals or representatives of owners with the most knowledge of work which
you have performed and to which you refer (government owners are preferred as
references).
Name Address Telephone
List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
State the name of the individual who will have personal supervision of the work:
State the name and address of attorney, if any, for the business of the Offeror:
State the names and addresses of all businesses and/or individuals who own an
interest of more than .five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
State the names, addresses and the type of business of all firms that are partially or
wholly owned by Offeror:
State the name of Surety Company which will be providing the bond, and name and
address of agent:
................ .
Bank References:
Bank Address Telephone
Attach a financial statement including Proposer's latest balance sheet and income
statement showing the following items:
Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and
bonds, equipment, furniture and fixtures, inventory and prepaid expenses):
Net Fixed Assets
Other Assets
Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries, real estate
encumbrances and accrued payroll taxes).
Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares
par values, earned surplus, and retained earnings):
State the name of the firm preparing the financial statement and date thereof:
Is this financial statement for the identical organization named on page one?
❑ YES ❑ NO
If not, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent -subsidiary).
The Offeror acknowledges and understands that the information contained in response
to this Qualification Statement shall be relied upon by owner in awarding the contract
and such information is warranted by Offeror to be true. The discovery of any omission
or misstatement that materially affects the Offeror's qualifications to perform under the
contract shall cause the owner to reject the proposal, and if after the award, to cancel
and terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of
On this the day of 20_, before me,
the undersigned Notary Public of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or
❑ DID NOT take an oath
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of
being first duly sworn,
deposes and says that:
He/she is the (Owner, Partner, Officer,
Representative or Agent) of the
Offeror that has submitted the attached Proposal;
He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
Neither the said Offeror nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Offeror, firm, or person to submit a collusive or sham Proposal in connection with
the Work for which the attached Proposal has been submitted; or to refrain from
bidding in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or communication, or conference with any
Offeror, firm, or person to fix the price or prices in the attached Proposal or of any
other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price
or the Proposal price of any other Offeror, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against (Recipient),
or any person interested in the proposed Work;
The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the
part of the Offeror or any other of its agents, representatives, owners, employees
or parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
0
Witness
Witness
Printed Name
Title
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida, personally appeared
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:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
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.
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.
Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
In'the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later that five (5) days after each
conviction.
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.
Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I
certify that this form complies fully with the above requirements.
Authorized Signature
Company Name
TRENCH SAFETY
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.
(Date)
(Signature)
ACKNOWLEDGEMENT
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:
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(I) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Invitation To Bid.
Indicate which type of organization below:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑
If "Other", Explain:
Authorized Signature Name (Printed or Typed)
Title Federal Employer I.D./Social Security No.
Company Name Telephone
Address Fax Number
City/State/Zip Contact Person
Contact Email Address
r
CERTIFIED RESOLUTION
(Name), the duly elected Secretary of
(Name of Corp.), 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
(Name of Corp.) 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 this_day of
(SEAL)
NOTE:
In
rM
Secretary
Corporate Title
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.
-
48T.4L rl_vj IT, I:tzIir*0z1•1
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
as Principal, hereinafter called
CONTRACTOR, and, as Surety, are
bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the
amount of Dollars ($ ) for the
payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project
No.: awarded the day of , 20—, with OWNER for
which contract is
by reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Indemnifies and pays OWNER all losses, damages (specifically
including, but not limited to, damages for delay and other consequential
damages caused by or arising out of the acts, omissions or negligence of
CONTRACTOR), expenses, costs and attorney's fees including attorney's
fees incurred in appellate proceedings, that OWNER sustains because of
default by CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 713.01
supplying CONTRACTOR with all labor, materials and supplies used directly or
indirectly by CONTRACTOR in the prosecution of the Work provided for in the
Contract, then his obligation shall be void; otherwise, it shall remain in full force
and effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR
and who has not received payment for his labor, materials, or supplies
shall, within forty five (45) days after beginning to furnish labor, materials,
or supplies for the prosecution of the work, furnish to the CONTRACTOR
a notice that he intends to look to the Bond for protection.
2.2 A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to the CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the non-payment.
f
2.3 Any action under this Bond must be instituted in accordance with
the Notice and Time Limitations provisions prescribed in Section
255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities connected
with the Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of 20
WITNESSES
Secretary
(AFFIX SEAL)
WITNESSES
Secretary
(AFFIX SEAL)
Principal
By
Signature and Title
Type Name and Title signed above
Surety
By
Signature and Title
Type Name and Title signed above
IN THE PRESENCE OF: INSURANCE COMPANY:
By Agent and Attorney -in -Fact
Address
ATTACHMENT "A" DESIGN CRITERIA PACKAGE
RFP#06-04R
DESIGN BUILD OF TAMARAC PUBLIC SERVICE CENTER FUEL ISLAND
AND UNDERGROUND FUEL STORAGE TANKS REPLACEMENT PROJECT
SCOPE OF SERVICES
Successful Offeror, hereinafter referred to as the Offeror, shall enter into an
Agreement with the City of Tamarac, Florida, hereafter referred to as the City for
the purpose of the design/build of the Tamarac Public Service Center Fuel Island
and Underground Fuel Storage Tanks Replacement Project, developing cost
estimates with product specifications and construction of the Public Service
Center Fuel Island and Underground Fuel Storage Tanks Replacement Project in
accordance with the terms, conditions, and specifications contained in this
Request for Proposals (RFP).
The scope of this project includes the following components:
• Offerors are requested to provide professional services, labor equipment,
materials, insurance and incidentals for the design/build of the Tamarac
Public Service Center Fuel Island and Underground Fuel Storage Tanks
Replacement Project located at 6011 Nob Hill Road (see Tamarac Utilities
Administration Plat for location sketch and legal description).
• The City's budget for this project is $200,000.00
• Work shall be completed in accordance with latest editions of all Federal,
State, County, local codes and industry standards if greater than code
requirements.
• Soil borings and engineering report for structures requiring a building
permit shall be furnished by the Offeror.
• Tamarac Public Works Complex -Site Plan Drawing #SP1, Public Service
Administrative Complex -Fuel Island Plan and Details Drawing W-8,
Power Riser and Electrical Room Details Drawing #E-8, Details Drawing
#E-10 shall be furnished by the City. Plans are not as-builts and should
Page 1 of 6 , �� �0G.-
IT
•
•
not be interpreted as such. Offeror is responsible to field verify all
components of existing fuel island, tanks, piping, etc.
SITE PLAN/COMPLEX DESIGN
Should include all the following features at a minimum, but not limited to
these if code or industry standards if greater than code requirements.
Tanks
The contractor shall supply and install two (2) 10,000 gallon double wall
fiberglass underground reinforced plastic (FRP) UL Labeled storage tanks,
with dry interstitial spaces, one tank gasoline, and one tank diesel. Tank
dimensions, fittings, containment collars and man ways, will be
determined by location and design.
Current Manufacturer: Owens-Corning (obsolete)
Recommended Replacement: Xerxes
Tank Sumps
Supply and install approved (FRP) watertight containment sumps on tank
man way. Double -wall recommended. in the event of future changes in
regulations.
Current Manufacturer: Owens-Corning (obsolete)
Recommended Replacement: Xerxes
Piping
Supply and install approved primary piping with secondary containment
piping.
Submersible Pumps
Red Jacket Submersible Turbine Pumps-Veeder Root sells and supports
and are designed to work with Veeder Root Systems.
* Mechanical Registration Fleet Dispensers
Contractor shall provide and install one mechanical dispenser, twin hoses
(duel products, gas and diesel), equipped with the following: electronic
reset mechanisms, in -line spin on fuel filters, hose breakaway valves,
double -wall containment bucket, double -wall pipes as needed, Stage. H
Page 2 of 6
0
Vapor Recovery (if applicable), and emergency shut-off valves. Dispenser
will be equipped with necessary pulsars to communicate with existing
Fuelmaster and Veeder Root Systems.
Current Dispenser: Gasboy
Recommended Replacement: Gasboy —Model 9100 Series.
Fuel Management System — Current System Fuelmaster_ - _Model
FMU2000 Classic
The Fuelmaster system will be retained; however, the following upgrades
are required:
1) Upgrade FMU-2000 to FMU-2500
2) Upgrade FMU pedestal
3) Surge protection kit
4) Tank monitor interface
5) Upgrade Fuelmaster Window's
Software
Software to Plus Window's
Note: System will be rewired per FM specifications and in accordance
with upgrades.
Fuel Inventory System — Current System Veeder Root — Model_ TLS-
350R
The Veeder Root System will be retained; however, the following
upgrades are required.
1) Install all necessary upgrades to current Veeder Root System that
will be essential to operate with new tanks, components and the
Fuelmaster system.
Note: System will be rewired per VR specifications and in accordance
with upgrades.
Fuel Island Canopy/Fire Protection
Replace existing canopy fire protection system with new canopy of same
size or larger with similar lighting etc.
Page 3 of 6
B. CONSTRUCTION
Demo of Existing Facilities
• Furnish labor, equipment, materials and permits to demolish, removal
and/or abandonment four (4) existing underground fuel tanks (550 gallon
diesel emergency generator tank, 10,000 gallon unleaded fuel tank, 1,000
gallon diesel tank , and the abandonment in place if possible or removal
of 550 gallon waste oil tank and associated piping), fuel island, canopy,
concrete slabs, etc. Remove all debris and dispose of tanks in
accordance with all Federal, State, County and local codes.
Temporary Fueling Station
• Provide temporary above ground on -site fueling station. Perform system
check and start-up of temporary AST prior to starting demolition of existing
fuel island. Disconnect and remove temporary AST from site only after
new Public Service Center Fuel Island is fully operational.
New Construction
• Furnish all materials, equipment and labor in accordance with the Federal,
State, County, and local regulations and nationally recognized codes
• Construction schedule to be based on start up of fully operational new
Public Services Center Fuel Island by June 1, 2006. Timeline schedule to
be submitted as part of this proposal.
General Requirements of Offeror
• Offeror will work closely with City's liaison or designee to determine what
is best for the City. Offeror will coordinate with City's liaison or designee
and attend meetings as necessary.
• Offeror will supply 12 copies of the final plan. Once construction is
complete, Offeror will supply three (3) copies of "as built" plans.
General Requirements of the City
• The City will make available any and all information concerning the
existing Public Service Center Fuel Island that is on file. Information is
Page 4 of 6 , 14,0
limited; therefore, it is the Offeror's responsibility to determine what is
appropriate.
Special Terms
A. LIQUIDATED DAMAGES: Upon failure of Offeror to complete the work
within the time specified for completions, (plus approved extensions, if
any,) Offeror shall pay City the sum of $500 which should be equal to daily
cost of temporary fueling operations, including manpower for each
calendar day that the completion of the work is delayed beyond the time
specified in the contract for completion, as fixed and agreed liquidated
damages and not as a penalty. Liquidated damages are hereby fixed and
agreed upon between the parties, recognizing the impossibility of precisely
ascertaining the amount of damages that will be sustained by City as a
consequence of such delay and both parties desiring to obviate any
question of dispute concerning the amount of said damages and the cost
and effect of the failure of Offeror to complete the contract on time.
Regardless of whether or not a single Contract is involved, the above -
stated liquidated damages shall apply separately to each portion of the
work for which a time of completion is given. City shall have the right to
deduct from and retain out moneys which may be due or which may
become due and payable to Offeror, the amount of such liquidated
damages and if the amount retained by City is insufficient to pay in full
such liquidated damages, Offeror shall pay in full such liquidated
damages. Offeror shall be responsible for reimbursing City, in addition to
liquidated damages or other per day damages for delay, for all costs of
engineering, architectural fees, and inspection and other costs incurred in
administering the construction of the project beyond the completion date
specified or beyond an approved extension of time granted to Offeror
whichever is later,
These liquidated damages will not prohibit City from recovering
ascertainable actual damages incurred as a result of the same delay to
which the liquidated damages apply. Offeror may be liable for both
liquidated damages as stated herein, and for excess completion costs of
this project. In the event Offeror has been either terminated from or has
abandoned the project prior to completion, this liquidated damages clause
is still applicable to hold Offeror liable for the liquidated damages.
B. CONTRACT TIME: By virtue of the submission of its proposal, Offeror
agrees and fully understands that the completion of work of the contact is
an essential and material condition of the contract and that time is of the
essence. The successful Offeror agrees that all work shall be prosecuted
regularly, diligently, and uninterrupted at a rate of progress as will ensure
full completion thereof, within time specified. Failure to complete the
Page 5 of 6 l Li o4>
work within the time period specified shall be considered a default.
Project will need to be competed and operational by 6/1/06. This includes
the removal of existing underground tanks and the design and
construction of the Public Service Center Fuel Island and Underground
Fuel Storage Tanks, as defined in Scope of Services
C. BONDS: Within fifteen (15) calendar days after the contract award, but in
any event prior to commencing work, the Successful Proposer shall
execute and furnish the CITY a Performance Bond and Payment Bond,
each written by a corporate surety, having a resident agent in the State of
Florida and having been in business with a record of successful
continuous operation for at least five (5) years. The surety shall hold a
current certificate of authority from the Secretary of Treasury of the United
States as an acceptable surety on federal bonds in accordance with
.United States Department of Treasury Circular No. 570.
The contractor shall be required to provide acceptable, separate
Performance and Payment Bonds in the amount of 100% of the contact
amount. The Performance Bond shall be conditioned that the Successful
Proposer performs the contract in the time and manner prescribed in the
contract. The Payment Bond shall be conditioned that the Successful
Proposer promptly make payments to all persons who supply the
Successful Proposer in the prosecution of the work provided for in the
contract and shall provide that the surety shall pay the same in the amount
not exceeding the sum provided in such bonds, together with interest at
the maximum rate allowed by law and that they shall indemnify and save
harmless the CITY to the extent of any and all payments in connection
with the carrying out of said contract which the CITY may be required to
make under the law.
Such bonds shall continue in effect for one (1) year after final payment
becomes due except as otherwise provided by law or regulation or by the
Contract Documents with the final sum of said bonds reduced after final
payment to an amount equal to twenty-five percent (25%) of the Contract
price, or an additional bond shall be conditioned that the Successful
Proposer correct any defective or faulty work or material which appear
within one (1) year after final completion of the Contract, upon notification
by CITY. The Warranty Bond shall cover the cost of labor as well as
materials.
Page 6 of 6
ra oTamarac \\t ... .urcnatitt�Gctra:.s Dtvtsro�t?I ........................................................... .......... ......... .......... ............ ......... .... .r...
ATTACHMENT "B"
PROPOSALFORM
RFP 06-04R
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
SUBMITTED TO:
City of Tamarac
Senior Procurement Specialist
7525 NW $$th Avenue
Tamarac, Florida 33321
The undersigned Proposer proposes and agrees, if this Proposal is accepted, to
enter into an Agreement with CITY to perform and furnish all work as specified or
indicated in the Proposal and Contract Documents for the Contract price and
within the Contract time indicated in the Proposal and in accordance with the
other terms and conditions of the Proposal and Contract Documents,
2. Proposer accepts and hereby incorporates by reference in this Proposal Form all
of the terms and conditions of the Request for Proposal and Instructions to
Proposers, including without limitation those pertaining to the disposition of
Proposal Security.
3. The Proposer has become fully informed concerning the local conditions, and
nature and extent of work, and has examined all Contract Documents.
4. Proposer has given the Senior Procurement Specialist or designee written notice
of all conflicts, errors or discrepancies that it has discovered in the Contract
and/or Proposal documents and the written resolution thereof by the Senior
Procurement Specialist or designee is acceptable to Proposer.
5. Proposer proposes to furnish all labor, materials, equipment, machinery, tools,
transportation, supplies, services, and supervision for the work described as
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER
FUEL ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT
PROJECT.
6. Proposer will provide design/build services to the City at the prices indicated on
the following page.
62 Attachment S Proposal Form
+ of 2
City of Tamaract--).�'urcNishr g & Contracts Gi lsiori
ATTACHMENT "B"
PROPOSALFORM
(continued)
G73'ZT'ff�Z�:�
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
ITEM
DESCRIPTION
TOTAL COST
A.
Design
$
B.
Construction
$
TOTAL DESIGN/BUILD COST
Proposers Name:
Authorized Signature:
Printed Name of Authorized Signer:
NOTE: Proposal Forms submitted without the manual signature of an authorized agent
of the Proposer may be deemed non -responsive and ineligible for award.
63 Attachr ient B T'10P0,301 Fora,
2of2
Purchasing and
Contracts Division
City of Tamarac
"Committed to Excellence, -Always"
ADDENDUM NO. 1
REQUEST FOR PROPOSAL 06-04R
DESIGN/BUILD OF THE TAMARAC PUBLIC SERVICE CENTER FUEL ISLAND AND
UNDERGROUND FUEL STORAGE TANK REPLACEMENT
DATE OF ADDENDUM: JANUARY 26, 2006
TO ALL PLAN HOLDERS:
The following clarifications, changes, additions and/or deletions are hereby made part of
the Contract Documents for RFP 06-04R, Design/Build of the Tamarac Public Service
Center Fuel Island and Underground Fuel Storage Tank Replacement.
Please change the Proposal Due Date as follows:
Proposals are due no later than 4:00 P.M., EST, on Thursday, February 2, 2006.
2. Correct Section XIV of Proposal of the Proposal as follows:
Now reads:
ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE
$1, 000, 000/2, 000, 000
Please change to read. -
ERRORS AND OMISSIONS LIABILITY MINIMUM LIMITS/AGGREGATE
$1, 000,000/1,000,000
3. Add the following to Section XIV of Proposal:
"Proposer shall provide the City with evidence of Pollution/Remediation Coverage
with, at a minimum, a limit of $1, 000 000 per occurrence, and $2, 000, 000 in the
aggregate."
4. Add new Section 14.13 to Standard Terms & Conditions to read as follows-
" 14.13 Proposer shall provide the City with evidence of Pollution/Remediation
Coverage, with at a minimum $1 000 000 per occurrence and $2, 000 000 in the
aggregate. "
7525 NW 88th Avenue q, Tamarac, Florida 33321-2401 (D (954) 724-2450 Fax (954) 724-2408 C�; www.tamarac.org
Equal Opportunity Employer
5. Section XI. "SCHEDULE OF EVENTS". Please amend Event 3 as follows:
"3. Team Presentations if re uired) & Committee Evaluation 02106106"
All other terms, conditions and specifications remain unchanged for RFP No. 06-04R.
Acknowledge receipt of this Addendum No. 1, by returning it with your bid submittal.
Name of Company:
Sincerely,
Jim Nicotra, CPPB
Senior Procurement Specialist
Temporary Reso. No. 10889 — Exhibit 2
of Tamarac A Purchasing & Contracts Division
1
OFFEROR'S QUALIFICATION STATEMENT O
The undersigned certifies under oath the truth and correctness of all statem s f
all answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac
Purchasing and ContraFts Manager
7525 NW 88" Avenue `
Tamarac, Florida 33321
Check One
Submitted By:
�YI(��/�C�GA�1 C��N�f2A L M(z.vkv)►cik &0q9, 0U)C
[g<orporation
Name:
(W CA
❑ Partnership
Address:
3 -78
Individual
City, State, Zip
FL3�11�' f
❑Other
Telephone No.
S` - 9LI S - 553S
Fax No.
qLi
State the true, exact, correct and complete name of the partnership, corporation, trade
or fictitious
name under which you do business and the address of the place of
business.
The correct name of the Offeror is:
dJE,aA i. in ec.ii AAH CA 4, 6P.60o .Znc.
The address of the principal place of business is:
3 78 1 N.E_ 11 V A06-4 �33c14 FL 336Lq
If Offeror is a corporation, answer the following:
Date of Incorporation: — .! of-C / Z 0—
State of Incorporation:�a
President's name:�2 —0,e ± � ---
Vice President's name: 2G+-. CAL��'"a
Secretary's name:
Treasurer's name: --
Name and address of Resident Agent:_1V1,7
22 OifEror's Qualification Statement
1 of 5
of Tamarac.;:
'r
1 (
If Offeror is an indiv I or a partnership, answer the following:
Date of organizati0
Name, address and owne k u`r�its all partners:
State whether'Several or limited partnership:
Purchasinq & Contracts Division
If Offeror is other thanO'nam
idual, corporation or partnership, describe the
organization and give -and address of principals:
If Offeror is operating under a fictiti us -a �Submlt evidence of compliance with the
Florida Fictitious Name Statute.
How many years has your organization been in business under its present business
name?
Under what other former names has your organization operated?
Indicate registration, license numbers or certificate numbers for the businesses or
professions,. which are the subject of this Bid. Please attach certificate of
competency and/or state registration.
L L,Cy C,L' 3.5� ! E.C, � LA L Gwl 503 S
z Srx+rc tt r�eic l �vc�o t . CC- a36& _S7711-6 P�11✓r�9�r
Have you personally inspected the site of the proposed work?
�ES ❑ NO
Do you have a complete set of documents, including drawings and addenda?
[�1(ES ❑ NO
Did you attend the Pre -Proposal Conference if any such conference was held?
YES ❑ NO
2.3
Offeror's Qualification Staternent
2 of 5
City of Tamarac �y� , Purchasing & Contracts Division
Have you ever failed to complete any work awarded toy you? If so, state when, where
and why:
/+) Q
State the names, telephone numbers and last known addresses of three (3) owners,
individuals or representatives of owners with the most knowledge of work which
you have performed and to which you refer (government owners are preferred as
references).
Name crY ,r ,aE'c 1 1v Address
Telephone
ITele h✓on!e
2'ck Ow) /�"k /�% V'e A'/vz
(seer rrncr�l `�
3Q3 -7700� fee a d1 �
7V, d�L���'/� S`�i a �,�� guru ✓,e 5z✓ 797- / 1 A
List the pertinent experience of the key individuals of your organization (continue on
insert sheet, if necessary).
ry~ c. /'�Le d )9- J. .1 S
State the name of the individual who will have personal supervision of the work:
:n,e,Ls A4171A PC14
State the name and address of attorney, if any, for the business of the Offeror:
r
State the names and addresses of all businesses and/or individuals who own an
interest of more than five percent (5%) of the Offeror's business and indicate the
percentage owned of each such business and/or individual:
State the names, addresses and the type of business of all firms that are partially or
wholly owned by Offeror:
24 Or'aror's Qualification S`atarnent
3of5
of Purcha51ng & Contracts aivisicn
State the name of Surety Company which will be providing the bond, and name and
address of agent:
Bank References:
Bank Address Tele hone
LA3
Attach a financial statement including Proposer's latest balance sheet and income
statement showing the following items:
Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials, real estate, stocks and
bonds, equipment, furniture and fixtures, inventory and prepaid expenses):
Net Fixed Assets
Other Assets
Current Liabilities (e.g., accounts payable, notes payable, accrued expenses,
provision for income taxes, advances, accrued salaries, real estate
encumbrances and accrued payroll taxes).
Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares
par values, earned surplus, and retained earnings):
State the name of the firm preparing the financial statement and date thereof:
Is this financial statement for the identical organization named on page one?
❑ YES ❑ NO
If not, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent -subsidiary).
�.5 offeror's Qualification Statement
4of5
of Tamarac Purchasing & Contracts Division
The Offeror acknowledges and understands that the information contained in response
to this Qualification Statement shall be relied upon by owner in awarding the contract
and such information is warranted by Offeror to be true. The discovery of any omission
or misstatement that materially affects the Offeror's qualifications to perform under the
contract shall cause the owner to reject the proposal, and if after the award, to cancel
and terminate the award and/or contract.
Signature
ACKNOWLEDGEMENT
OFFEROR'S QUALIFICATION STATEMENT
State of
County of &11440
On this the � rd day of _ 1�62u,�2 L, / _ __ 200�, before me,
the undersigned Notary Public of the State of Florida, personally appeared
60X 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:
R
JENNIFER ORGANMY COMM1$810N # DD362666EXPMES: October 14, 2009Y Ff. Notary Dism t Assoc. Co.
DID take an oath, or
DID NOT take an oath
NOTAIkYyPUBL C, STATF/OF J?!ORIDA
(Name of Notary Public: Print,
Stam , or Type as Commissioned)
ersonally known to me, or
❑ Produced identification:
(Type of Identification Produced)
26 Ofreror's Qualification Statement
5of5
of Tamarac
NON -COLLUSIVE AFFIDAVIT
State of L o%( I !/
)ss.
County of `F c-A,-1 2
Purchasing & Contracts Division
being first duly sworn,
deposes and says that:
He/she is the �� � ` C cc Ma/L (Owner Partner, Officer,
Representative or Agent) of r��e R .� ..;znc . the
Offeror that has submitted the attached Proposal;
He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
Neither the said Offeror 'nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Offeror, firm, or person to submit a collusive or sham Proposal in connection with
the Work for which the attached Proposal has been submitted; or to refrain from
bidding in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or communication, or conference with any
Offeror, firm, or person to fix the price or prices in the attached Proposal or of any
other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price
or the Proposal price of any other Offeror, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against (Recipient),
or any person interested in the proposed Work;
The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the
part of the Offeror or any other of its agents, representatives, owners, employees
or parties in interest, including this affiant.
Sinned. sealed and delivered in the presence of:
By
/-V / 6111q c i
Printed Na e
Title
Non -Collusive Affidavit
9 of 2
of Tamarac Purchasing & Contracts Divisicn
I
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of "F26'-"A2 D
On this the �7 day of 20 �., before me, the undersigned Notary Public
of the State of Florida, personally appeared
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 X 11"
and official seal. C.... wr.
NOT RY,PU C, .STATE OF RIDA
NOTARY PUBLIC �r /
;Cr L7N1VI1 CR > MaRGAN (Name of Notary Public: Print,
MY COWSSION # DD362666 Stamp, or Type as Commissioned)
EXP112E5: October 14, 2008
I�00.7-NOTARY Fl- Notary Discount As= Co.
ersonally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or' ID NOT take an oath
28 Non -Collusive A1<idevit
2of2
of Tamarac
VENDOR DRUG -FREE WORKPLACE
& Contracts Division
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.
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.
Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee .
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or polo contendere to, any violation of chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in
the workplace no later that five (5) days after each conviction.
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.
Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I certify
that this form complies fully with the above requirements.
l✓L �� rr
Authorized Signature Company Name
29 vendor Drjig-Frsr Workplace Forrn
1 of 1
Citv of Tamarac
TRENCH SAFETY
Purchasing & Contracts Division
0
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
F(Description) MEAE (Qty) COST
A. f C� , %tin �%� �" `�1 I $ 9.6 J, '.
B. $ $
C. $ $
D. $ $
TOTAL Is 1, a -V
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
STATE OF:' ! ae M14
COUNTY OF:��'�`�
PERSONALLY APPEARED
%BEFORE ME, the undersigned authority,
who, after first being duly sworn by me,
(Name of individualSigning)
affixed his/her signature in the space provid d a n this A d of eb 200
��arnua - - NOTARY PUBLIC
v CHARLES7JOHNaMARCAr ; MY CdMMD 138005a�4�� xPIR s7,2oosMy Commission Expires: 01 b&
1-MO-3-NOTARY FL.Nt7 nding, Inc,
,gyp Trench Safety Form
1 of 1
0
of Tamarac
Purchasing & Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Invitation to Bid. We (1) certify that we(1) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Invitation To Bid.
Indicate which type of organization below:
INDIVIDUAL ❑
If "Other", Explain:
Authorized Sign
V�
Title
PARTNERSHIP ❑ CORPORATION [�� OTHER ❑
C X
Name (Printed or Typed)
6d i 9 -7.5l' `f
Federal Employer I.D./Social Security No.
Company Name Telephone
3 7s/ *g // `' I)--e
Address
g)-_ 9Y2" .S YS
�S-�/- �ZI3. - s.l
Fax Number
City/State/Zip Contact Person
Contact Email Address
31 certifcation Form
I of I
City of Tamarac
CERTIFIED RESOLUTION
Purchasing & Contracts Division
�L21))A c Zi�Alt (Name), the duly elected Secretary of
J77G &,m rY,./'WCif Cz , Name of Corp.), a corporation organized and existing under the laws of
the State of Cc(e(0 , 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 I��Ce fQeSi.oen-r iij-xaj (Title of Officer) of
���C � nac z cyan C � . >✓ , (; JuD, -P -- (Name of Corp.) 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
44
Given under my hand and the Seal of the said corporation this 2day of deb , 20L6
(SEAL) By:--...-
reta ry
Coroorate 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.
32 Certified Resolution
1 of 1
of Tamarac
\'WIVI I
REFERENCES
and Contracts Division
Please list government agencies and/or private firms with whom you have done business
during the last five years:
Your Company Name
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
44� — References
I of 1
of Tamarac Purchasing and Contracts Division
� u
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 theFwords "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
/-O/V¢.
% Total Contractor
Contract License No.
Subcontractor
Name/Address
45... List of Subcontroctors
IofI
4
City of Tamarac
ATTACHMENT "B"
PROPOSALFORM
RFP 06-04R
Purchasing & Contracts Diiisron
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
SUBMITTED TO:
City of Tamarac
Senior Procurement Specialist
7525 NW 8811" Avenue
Tamarac, Florida 33321
The undersigned Proposer proposes and agrees, if this Proposal is accepted, to
enter into an Agreement with CITY to perform and furnish all work as specified or
indicated in the Proposal and Contract Documents for the Contract price and
within the Contract time indicated in the Proposal and in accordance with the
other terms and conditions of the Proposal and Contract Documents.
2. Proposer accepts and hereby incorporates by reference in this Proposal Form all
of the terms and conditions of the Request for Proposal and Instructions to
Proposers, including without limitation those pertaining to the disposition of
Proposal Security.
3. The Proposer has become fully informed concerning the local conditions, and
nature and extent of work, and has examined all Contract Documents.
4. Proposer has given the Senior Procurement Specialist or designee written notice
of all conflicts,. errors or discrepancies that it has discovered in the Contract
and/or Proposal documents and the written resolution thereof by the Senior,
Procurement Specialist or designee is acceptable to Proposer.
5. Proposer proposes to furnish all labor, materials, equipment, machinery, tools,
transportation, supplies, services, and supervision for the work described as
DESIGN/BUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER
FUEL ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT
PROJECT.
6. Proposer will provide design/build services to the City at the prices indicated on
the following page.
57 Attachment 8 Proposai Forth
1 6f 2
City of Tamarac
4
Purchasing & Contracts Division
r
ATTACHMENT "B"
PROPOSALFORM
(continued)
RFP 06-04R
DESIGNIBUILD OF THE CITY OF TAMARAC PUBLIC SERVICE CENTER FUEL
ISLAND AND UNDERGROUND FUEL STORAGE TANK REPLACEMENT PROJECT
ITEM
A. I Des
B. I Construction
DESCRIPTION
,)& 1-em ac%/ L
E,
TOTAL DESIGN/BUILD COST Is
7Zt10 19G,y0�reel L,4>y %z1`'�/acu/ancr �lCi/f �rcir7c%E�.
Proposers Name:
Authorized Signatur(
Printed Name of Authorized Signer:_ 1471c-1, a f I- J - %c
TOTAL COST
30
NOTE: Proposal Forms submitted without the manual signature of an authorized agent
of the Proposer may be deemed non -responsive and ineligible for award.
ge Attachment 8 Proposal FOrrn
2 of 2
Im- G1
Clarifications and Exceptions
• MGI takes exception to the completion date of June 1, 2006. MGI
will be substantially completed (operational) by August 1, 2006. See
MG1's project schedule included in bid.
• MGI will provide one 650 gallon double wall temporary AST with a
mechanical fuel dispenser. The AST can be used either for gas or
diesel fuel.
MCA - Morgan General Mechanical 3781 N.f E. 1 1 `h Avenue (954) 943-5535
Croup, Inc. Pompano, FL 33064 Fax: (954) 943-5534
MGI-MORGANGENERAL 1►ML'CHANICAL GROUP, ING
MGI was started by Robert and Jennifer Morgan as
History a family company in 1986. Since then MGI has
turnkey installed hundreds of generators and
electrical apparatus equipment. MGI has created a
differentiated business by tackling the difficult to
permit and physically hard to install jobs. Each year
MGI has grown financially and technically.
Qualifications Our company is licensed and insured to do
unlimited work in Florida, Georgia and N. Carolina
including: general, mechanical, electrical, pollutant
storage, roofing and environmental contracting.
MGI can design, stamp & seal drawings. We are
bonded and fully insured.
Employees MGI is proud of its people. We employ a staff of
qualified engineers, technicians and professionals
who are specially trained to perform testing and
repair services for the commercial, industrial, and
utility markets. Our people are what enable us to
add service and value to our customers needs.
TOday The MGI of today is unique in that it is varied in its
applications. Although it began as a generator
business, it has now expanded into other industries.
We have now branched out, across the state of
ing - Mechanical Systems,
Florida, specializ
Transmission & Distribution, Water & Sewer and,
Transformers. These separate divisions are capable
of working individually or corporately as needed to
complete the job.
MGI — MORGAN GENERAL 3781 NE111h avenue Tel: (954) 943 5535
MECHANICAL GROUP, INC- Pompano Beach, FL 33064 Fax: (954) 943-5534
CG
�H
aN
Ho
I I I
IT j I I
j j I
MGI
Charles J. LaMarea
Operations Monager
Professional Chip has an Associates of Science Degree in Engineering
Experience and attended Boston University and Florida Atlantic
University. Chip spent ten years with Lutz Petroleum
Equipment Installations in South Florida. During that
time Chip managed the engineering and design
department for five years. Following this he successfully
managed the Lutz operation as the Operations Manager.
With an emphasis on production and quality response, he
was able to gain customer confidence and bring the
company to its most profitable state since joining the
company in 1991. Chip has been with MGI since 2001
and was brought in to head the new Petroleum & Gas
Division.
Equipment Computer aided design and drafting systems, computer
Expertise hardware and software systems, system troubleshooting
and technical support. In addition, Chip has extensive
experience with project management, coordination and
implementation.
Product Microsoft Windows and DOS based software
Know - How applications, AutoCAD, PC hardware and Palm
handheld software applications and hardware. Petroleum
industry standard equipment/products: pumps, piping,
fuel management and delivery systems (all brands).
Training OSHA Safety Training Course, Motiva-Shell Confined
Courses Space Entry Training Program, National Institute for
Storage Tank Management, PEI Affiliate Member.
h'IGI \IOIZ(i.\N C.;I.I,I(.\I. m i l �I. I1.\ cnuc 1)41-:)535
\II.(:II.\`:I('AI, (;ROI"I', I\(:. 1' )1 11p;, n licarI I I. 33116-4 I it '1)54 ' .{ 1--553-1
ui.
Peter Villar
Professional
Peter is tllF Construction Manager for the Petroleum &
Experience Gas Division at MG1. Peter spent thirteen years with
Lutr_ PetroleUllI Eguipinent histallatiozl 11) SOLIth Florida.
During that time, Peter progressed from a laborer and
equipment operator to an expert fuel pipe fitter and a
superintendent of major petroleiun constriction projects.
lie has managed petroleum construction projects fi•om
the planning and estimating phase through construction,
project completion and client signs -off. Pete has extensive
experience with all local building divisions and
envirorunental organizations required to install, remove
and retrofit fitel systems. His knowledge of the process
and equipment is only surpassed by his unique ability to
maintain a lugh level of productivity with an emphasis
on safety. Peter has been with MGI since 2001 and was
brought in to manage the constriction department for the
new Petroleum and Gas division.
Equipment Pete is trained on current petroleum construction
Expertise equipment, methods and products used in P&G. He is a
certified technician with training in Ameron and A.0.
Smith, Environ and Total Containment piping systems.
Product PetroleLlm industry standard equipment/products: pumps,
Know. _ flow piping, fuel management and. delivery systems.
Training Licensed Florida Department of Agriculture F>iel' Meter
Courses Calibrator, Florida Class B License (Air Brakes<26,000
I--lounds), Ce►tilied Aleron Installer, Certif ed A..G.
Smith installer, Hazardous Materials Supervisor and
Transprotation Training, OSHA 40 Safety Training
Course, Motiva Confined Space Entry Training Prog�ra�n
Douglas Vecchio
Construction Manager
Professional DoukT is a Constructiot1 Maruager and GeneratoriFuei-
�xperience Svsteln specialist for MGI. In 1986 lie joined the MGI
laniily �vltile being mentored under R. L. Morg.aiu
(C.E-O.). DLti•iltg those High School years, he worked oil
various constriction projects. lut 1992 Doug began
working fall -tittle for MGI installing petroleum
equipment and generators across S. Florida. Since then,
he has progressed from a laborer/equipment operator to
an expert generator installer, pipe fitter, and a
superintendent for major construction projects. His
management has extended from the planning and
estimating phase through construction, project
completion and client sigut-off. He has gained extensive
experience with all local building divisions and
m
environental organizations required to install, remove,
and retrofit Riel and generator systems. Doug is an
extremely diligent and efficient worker who maintains a
high level of productivity vvith an emphasis on safety.
Doug is trained on current petroleum constnictton
Equipment
Expertise equipment, methods and products. He can operate a
boom truck, loader, forklift, backhoe, trackhoe and
nuunerous other types of equipment.
Product
Generator/Fuel-System industry standard
Know - How equtpntent/products. ptnnps, puplutg, fuel management
and delivery systems.
Training Florida Class License (Safe Driver), Environ Plprng
Courses Systems Training, Fluid Conta�rnnent Tank Training.
Administration: (954) 797-1030
Administrative Services: (954)797-1020
Budget & Finance: (954) 797-1050
Parks & Recreation: (954) 797-1145
U I Development Services: (954)797-1111
Engineering: (954) 797-1113
Fire Department: (954) 797.1090
Police Department: (954) 693-8200
Public Works: (954) 797.1240
Utilities: (954) 4334000
TOWN OF DAVIE 6591 Orange Drive • Davie, Florida 33314-3399 (954) 797-1000
MEMORANDUM
DATE: December 17, 2004
TO: Whom it May Concern
THROUGH: Bruce Bernard
Director of Public Works / Capital Projects )64
Town of Davie
FROM: Cheryl Dolin, R.A. C
Project Manager, Capital Projects
Town of Davie
RE: Recommendation for MGI
We are writing this letter of recommendation in regards to Morgan General Mechanical
Group, Inc. located at 3781 NE 11`h Ave. Pompano Beach,.FL 33064.
MGI recently completed the construction of a new fuel island for our Police Department
Headquarters building located at 1230 South Nob. Hill Road in Davie, Florida. The final cost
of the project was approximately $390,000. MGI was responsible for the installation of a dual
product 20,000 gallon underground fuel tank, two fuel dispensers and a fuel island, as well
as the construction of a custom designed concrete canopy. The canopy had a special
requirement to allow for 18' clearance under the lowest point so that the Town's fire trucks
could utilize the island. The canopy was designed to match the existing Mediterranean style
police headquarters building, with textured stucco, a hip roof with concrete "S" tiles, and
decorative precast concrete moldings. The canopy had monumental cast concrete beams
and columns. The quality of the workmanship done by MGI was above average, and the
project was completed within the time parameters set for the project.
At the start of the project, MGI proposed an alternative way to construct the project that
greatly simplified the construction and decreased the inconvenience to the police department
due to construction. The change order initiated by MGI not only simplified the project but also
resulted in a credit to the Owner of almost $4,000. MGI's subcontractors made the required
design changes in the shop drawing phase, with the approval of the Engineer of Record.
Mr. Chip LaMarca was the Project Manager from MGI. We found him to be very professional
and easy to work with. We would be pleased to recommend MGI to other municipalities and
feel that their quality of work and management skills were above average.
If you have any additional questions, please feel free to call Mr. Bruce Bernard, Director of
Public Works / Capital Projects at (954) 797-1240 or myself at (954)797-1191.
Emilio C. Esteban, P.E.
Director
QIT-tv of
DEPARTMENT OF ENVIRONMENTAL & ENGINEERING SERVICES
hftp://www.margatefl.com • E-mail address: dees@margatefl.com
January 31, 2003
Mike Cox
General Manager
MGI, Inc.
3781 N.E. 11'n Ave.
Pompano Beach, FL 33064
Re: Water Treatment Plant Generator~ Project
Dear Mr. Cox:
On behalf of the City of Margate we would like to extend our sincere appreciation for the
exemplary way in which your company handled our water treatment plant generator
project. We especially wish to thank your Project Manager, Chuck Toby for the
professionalism he displayed throughout the entire project. It is a pleasure working with
a company of your caliber.
Please do not hesitate to name our City as a reference if the need arises.
Sincerely,.
rCE
C. Est an
Subj: FW: The Setai Tower (Generator Load Bank Test)
Date: 7/10/2003 3:19:54 PM Eastern Daylight Time
From: Vinod. Mehta@skanskausa.com
To: ksalle feller e.com, j,aiayo@alayo.com, wlnobles belIsouth.net,
ghaslhofer@alayo.com, re scha ira cia s.com
Ge r e.P ulson kanskaus .com, B b:Neuro k skanskausa.com,
Maria.Houle skanskausa. om, Derrick. Fag skanskausa.com,
Brian.L.Thom skan kau a.com, andi.D n oer skanska sa.com,
Emsle .Yates kansk sa. om, Michael. hnson kansk u a.com,,
Raul.Cord ro omera elec ric.c m, tfarrinatonasemechanical.c6m,
IMCEAFAX-Keith+20Hanson+40+2B1+20+28-561+29+20471-
454 local, aleach fredmc ilvra in -w b.c m,
m a Ionso @ p rofe5sion al. p lum be rs m m i e r as I:com
Folks
With the diligent works by Peter of MGI, Dennis of Florida Detroit Diesel -
Allison .and special through the hoop work by Jorge Medina and his team, we
did It
The emergency generator was started and fuel system performed { I might
add here "with a special help of our Bob Neurock, who turned the valves to
open positions"] and exhaust smoke came out of the pipe in the alley way.
This is a good start up and the TEAM is to be self congratulated. Let us have a
similarly successful LOAD BANK TEST on Monday, truly 14th, 2003.
Thanks MEP Team. Oh, yes Jorge you did special effort to get the pump
reconnected. Thank you Jorge.
VINOD R. MEHTA
MEP COORDINATOR
5ETAIPROJECT
MIAMI BEACH, FL..
Voice (305) 534-8680
Fax (305) 534-8607
Mobile (305) 525-7778
mailto.Vinod.Mehta@skanskausa.com
STATE OF FLORIDA
Department of Military Affairs
Office of t4T Abjubast 0-rurrAl
St. Francis Barracks, P.O. Box 1008
St. Augustine, Florida 32085-1008
January 16, 2003
Construction & Facility Management Office-CEE-lk
Mr. Kent E. Clearwater, Regional Manager
MGZ-Morgan General Mechanical Group, incorporated
333 FUihl.iiVur Rilau, 1VUId,, Suitc B*-2 i.v
Tampa, Florida 33619
RE: Project 9202106
Electrical Upgrade
Fort Homer W. Hesterly .Armory
Tampa, Florida
Dear Mr. Clearwater:
The Department of Military Affairs —Construction & Facility Management Office would like to
thank your firm, for performing an exceptional job at the reference project site. We would also,
like to encourage you to respond to any future requests.
Once again, thank you and we appreciate all the work and effort your firm has put into this
project .
Very truly yours,
Max L. Dickinson
Civilian, Florida Army
National Guard
Engineer 1
CH2M HILL
11575 Heron Bay Boulevard
Suite 106
, Coral Springs, FL 33076
Amk � 2 i l t LL Tel 954.752, 0
Fax 954.752.676730
December 16, 2004
MGI-Morgan General ,Mechanical Group, Inc.
-4781 N.W. 1.11" Avenue
Pompano Beach, FL 33064
Attn: Mr. Rick DeRosia, P.E.
Dear Mr. DeRosia:
CH2M Hill is pleased with the recent project completed for the Water Supply
Wells No. 8, 9, 10 and 11 for the Coral Springs Improvement District. MGI and
their staff were professional, prompt, well managed and completed this project on
time. The final contract value was $1,454,746.81.
We look forward to doing further projects with MGI in the future.
ry truly yours,
hn F. McKune, P.E.
roject Manager
H2M Hill, Inc.
JFM:bk
176618
YOUR PARTNER FOR
SOLID WASTE SOLUTIONS
September 8, 2003
Michael Cox
MGI-Morgan General Mechanical
Group, Inc.
3781 NE 11 `h Avenue
Pompano Beach, FL 33064
Re: 2000 KW Caterpillar Generator Set
Michael:
I'm writing this letter in reference to the work MGI completed at the Solid Waste
Authority's Utility Plant located at 6329 North Jog Road. The MGI workforce
successfully supplied and installed a 2- Megawatt generator set. The work was performed
expediently, and we are pleased with the quality of the work. Your staff proved to be
knowledgeable and skilled in their work.
Thank you for completing this work quickly and without hassle. I would gladly
recommend MGI to anyone needing such services.
Sine er ly,
Robert F. Worobel
Assistant Direci'or
Plant Engineering, Utilities
And Facility Maintenance
Cc: File # 3040
-- " .. . - ... — — —1- ri.._:j- nn Ain 1cri1 CAn Annn CAV 907..AnR'7 Rorvrlvd PaO41
;ITY HAAI LL • 201 WEST PALMETTO PARK ROAD • BOCA RATON, FLORIDA 33432-3795 • PHONE: (561) 393-7700
(FOR HEARING IMPAIRED) TDD: (561) 367-7046
SUNCOM: (561) 922-7700
0 0
April 6, 2004
Mr. Charles J. LaMarca
Operations Manager
MGI-Morgan General Mechanical Group, Inc.
Petroleum & Gas Division
3781 NE 11th Avenue
Pompano Beach, FL 33064
Dear Chip:
The City of Boca Raton is pleased with the recent installation of a replacement
generator, completed by MGI — Morgan General Mechanical Group, Inc. at the
Police Services building.
MGI and their staff were professional, prompt, well managed and very qualified.
We look forward to doing business with MGI again.
Sincerely,
I vy alo"
Mike Fichera
Facilities Manager
MF/ji
P:\RecommendationLetters\MGI-Police Gen era tor.doc
Administration: (954) 797-1030
Administrative Services: (954)797-1020
Budget&Finance: (954)797-1050
Parks & Recreation: (954) 797-1145
Development Services: (954)797-1111
Engineering: (954) 797-1113
Fire Department. (954) 797-1090
Police Department: (954) 693-8200
Public Works: (954) 797-1240
Utilities: (954) 4334000#
TOWN OF DAVIE 6591 Orange Drive - Davie, Florida 33314-3399 (954) 797.1000
MEMORANDUM
DATE: December 17, 2004
TO: Whom it May Concern
THROUGH: Bruce Bernard
Director of Public Works / Capital Projects
Town of Davie
FROM: Cheryl Dolin, R.A. c
Project Manager, Capital Projects
Town of Davie
RE: Recommendation for MGI
We are writing this letter of recommendation in regards to Morgan General Mechanical
Group, Inc. located at 3781 NE 111" Ave. Pompano Beach, FL 33064. .
MGI recently completed the construction of anew fuel island for our Police Department
Headquarters building located at 1230 South Nob Hill Road in Davie, Florida. The final cost
of the project was approximately$390,000. MGI was responsible for the installation of a dual
product 20,000 gallon, underground fuel tank, two fuel dispensers and a fuel island, as well
as the construction of a custom designed concrete canopy. The canopy had a special
requirement to allow for 18' clearance under the lowest point so that the Town's fire trucks
could utilize the island. The canopy was designed to match the existing Mediterranean style
police headquarters building, with textured stucco, a hip roof with concrete "S" tiles, and
decorative precast concrete moldings. The canopy had monumental cast concrete beams
and columns. The quality of the workmanship done by MGI was above average, and the
project was completed within the time parameters set for the project.
At the start of the project, MGI proposed an alternative way to construct the project that
greatly simplified the construction and decreased the inconvenience to the police department
due to construction. The change order initiated by MGI not only simplified the project but also
resulted in a credit to the Owner of almost $4,000. MGI's subcontractors made the required
design changes in the shop drawing phase, with the approval of the Engineer of Record.
Mr. Chip LaMarca was the Project Manager from MGI. We found him to be very professional
and easy to work with. We would be pleased to recommend MGI to other municipalities and
feel that their quality of work and management skills were above average.
If you have any additional questions, please feel free to call Mr. Bruce Bernard, Director of
Public Works / Capital Projects at (954) 797-1240 or myself at (954)797-1191.
t�
CITttij of Anrgatr, 'Ijariba
DEPARTMENT OF ENVIRONMENTAL & ENGINEERING SERVICES
httP://www,margatefl.com • E-mail address: dees@margatefl.com
January 31, 2003
Mike Cox
General Manager
MGI, Inc.
3781 N.E. 1 It" Ave.
Pompano Beach, FL 33064
Re: Water Treatment Plant Generator Project
Dear Mr, Cox:
Emilio C. Esteban, P.E.
Director
On behalf of the City of Margate we would like to extend our sincere appreciation for the
exemplary way in which your company handled our water treatment plant generator
project. We especially wish to thank your Project Manager, Chuck Toby for the
professionalism he displayed throughout the entire project. It is a pleasure working with
a company of your caliber.
Please do not hesitate to name our City as a reference if the need arises.
Sincerely,.
rCEIOtt�
C. Est an
�s
Subj: FW; The Setai Tower (Generator Load Bank Test)
Date: 7/10/2003 3:19.54 PM Eastern Daylight Time
From: Vinod.Mehta@skanskausa.com
To: ksalle feller .com, 'ala o ala o.com, wlno les bellso th.net,
phaslhofgr@alayo.cgm, g_reg@schagiroassociates.gom
Georae.Paulson@skanskausa.co.m, Bob. Ne ro k skanska sa.com,
Maria.Houle@skanskausa.com, Derrick. Fagg @skanskagsa.com,
Brian. L.Th m as@)sLanskausa.com, Sandi. Denboer sk n kausa.com,
Emsley.Yate @skanskausa.co_m, Michael.) hnson skan k usa.com,
Raul.Cordero@omeroyelectric.com, tfarrington@semechanical.com,
IMCEAFAX-Keith+20Hanson+40+2BI+20+28-561+29+20471-
4 4 I c I alearh@fr 3 edmcgilyrayinc-wbb.cQM,
m.plonso@nrofes ionalnlumbers com, mainetroaas@aol.com
Folks
With the diligent works by Peter of MGI, Dennis of Florida Detroit Diesel -
Allison and special through the hoop work by Jorge Medina and his team, we
did it.
The emergency generator was started and fuel system performed { I might
add here "with a special help of our Bob Neurock, who turned the valves to
open positions"] and exhaust smoke came out of the pipe in the alley way.
This is a good start up and the TEAM is to be self congratulated. Let us have a
similarly successful LOAD BANK TEST on Monday, July 14th, 2003.
Thanks MEP Team. Oh, yes Jorge you did special effort to get the pump
reconnected. Thank you Jorge.
VINOD R. MEHTA
MEP COORDINATOR
SETAI PROJECT
MIAMI BEACH, FL.
Voice (305) 534-8680
Fax (305) 534-8607
Mobile (305) 525-7778
mailto:Vinod.Mehta@skanskausa.com
STATE OF FLORIDA
Department of Military Affairs
Offire of f4v Abintlat Omani
St. Francis Barracks, P.O. Box 1008
St. Augustine, Florida 32085-1008
January 16, 2003
Construction & Facility Management Office-CEE-lk
Mr. Kent E. Clearwater, Regional Manager
MGI-Morgan General Mechanical Group, Incorporated
333 Road, ivlJi lli, Suite B-L J V
Tampa, Florida 33619
RE: Pr oj ect #202106
Electrical Upgrade
Fort Horner W. Hesterly Armory
Tampa, Florida
Dear Mr. Clearwater:
The Department of Military Affairs —Construction & Facility Management Office would like to
thank your firm, for performing an exceptional job at the reference project site. We would also,
like to encourage you to respond to any future requests.
Once again, thank you and we appreciate all the work and effort your firm has put into this
project .
Very truly yours,
Max L. Dickinson
Civilian, Florida Army
National Guard
Engineer I
� cHznnHaLL
•ram
December 16, 2004
MGI-Morgan General Mechanical Group, Inc.
3781 N.W. 1.11h Avenue
Pompano Beach, FL 33064.
Attn: Mr. Rick DeRosia, P.E.
Dear Mr. DeRosia:
CH2M HILL
11575 Heron Bay Boulevard
Suite 106
Coral Springs, FL 33076
Tel 954,752.4960
Fax 954.752.6730
CH2M Hill is pleased with the recent project completed for the Water Supply
Wells No. 8, 9, 10 and 11 for the Coral Springs Improvement District. MGI and
their staff were professional, prompt, well managed and completed this project on
time. The final contract value was $1,454,746.81.
We look forward to doing further projects with MGI in the future.
ry truly yours,
,f
hn F, McKune, P.E.
eject Manager
H2M Hill, Inc.
JFM:bk
176618
YOUR PART;AR FOR
SOLID WASTE S0LUTIONS
September 8, 2003
Michael Cox
MGI-Morgan General Mechanical
Group, Inc.
3781 NE 11`h Avenue
Pompano Beach, : L 33064
Re: 2000 KW Caterpillar Generator Set
Michael:
Fin writing this letter in reference to the work MGI completed at the Solid Waste
Authority's Utility Plant located at 6329 North Jog Road. The MGI workforce
successfully supplied and installed a 2- Megawatt generator set. The work was performed
expediently, and we are pleased with the duality of the work. Your staff proved to be
knowledgeable and skilled in their work.
Thank you for completing this work quickly and without hassle. I would gladly
recommend MGI to anyone needing such services.
Sin cer Iy,
Robert F. Worobel
Assistant Director
Plant Engineering, Utilities
And Facility Maintenance
Cc: File # 3040
ui..s n..i- n- w CI : J 9'7A10 tram FAn.Annn CAY FR'i_AnF;7 RP.C.vcledPd(^.
C/Q/l O
7;ITY HALL • 201 WEST PALMETTO PARK ROAD • BOCA RATON, FLORIDA 33432-3795 • PHONE: (561) 393-7700 _
(FOR HEARING IMPAIRED) TDD: (561) 367-7046
SUNCOM: (561) 922.-7700
o�
April 6, 2004
Mr. Charles J. LaMarca
Operations Manager
MGI-Morgan General Mechanical Group, Inc.
Petroleum & Gas Division
3781 NE 11th Avenue
Pompano Beach, FL 33064
Dear Chip:
The City of Boca Raton is pleased with the recent installation of a replacement
generator, completed by MGI — Morgan General Mechanical Group, Inc. at the
Police Services building.
MGI and their staff were professional, prompt, well managed and very qualified.
We look forward to doing business with MGI again.
Sincerely,
1))w aiv�'
Mike Fichera
Facilities Manager
MF/ji
P:\RecommendationLetters\MGI-Police—Generator.doc
Russ Electric Paralleling Sutitchgear
Two 5-thousand-gallon, above ground, steel fuel tanks
One of Our AccoMpiishments!
Margate Water Treatment Plant, Margate, FL
$2,534,760 USD
MGI Established: 1986
State of Incorporation: Florida
Corporate Address: 3781 NE 11th Avenue, Pompano Beach, FL. 33064
Corporate Officers: Robert L. Morgan - President/CEO
Jennifer L. Morgan - Secretary/Treasurer/Controller
Michael J. Cox - Vice President /General Manager
David L. Morgan- Vice President/Sales
MGI built a generator building to house the fuel
tanks, the generator sets and the switchgear.
MGI installed two 1250 KW Generators
MG1 - MORGAN GENERAL 3781 NE ll"' Avenue Tel: (954) 943-5535
MECHANICAL GROUP, INC. Pompano Beach, FL 33064 Fax: (954) 943-5534
Form - Certificate. Of Insurance
DATE (MM/DDIYY)
CERTIFICATE OF LIABILITY INSURANCE 2/2/2006
'.ER (954)382-4350 FAX (954)382-2810 r
6ERFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
jL r NOR BiEIZ INSURANCE RISK ON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMMEND, EXTEND
ORHE COVERAGE AFFORDED BY THE POLICIES BELOW.
7901 SW 6th Court
Suite 430 INSURERS AFFORDING COVERAGE
Plantation, FL 33324
INSURED MGI Morgan General Mechanical Group, Inc.
: The Hartford
: Bddgerteld Employers Ins Co 10701
3781 N.E. •1 Ith Avenue:Pompano Beach, FL 33064D:
INSURER E:
COVERAGES
NOTWI
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED LI MAY PERTAIN, THHEENS INS
DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LMITS SHOWN MAY HAVE
POLICY EFFECTIVE I POLICY EXPIRATION
INSR TYPE, OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE MMIDD
LTR 10/30/2005 10/30/2006
ENERAL LIABILITY 21 WNTI'9261
X COMM GENERAL LIABILITY
CLAIMS MADE OCCUR
A
GEN'L AGG LIMIT APPLIES PER:
pOL X PROJ LOC
UTOMOBILE LIABILITY 121
j{ ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
A HIRED AUTOS
Nr)N-r)WNED AUTOS
LIABILITY
AUTO
LIABILITY J� 21
lip l + (.I AIMS MADE
A
LIABILITY
B
ICFRTIFICATE HOLDER I
I City of Tamarac
.,Iior Procurement Specialist
7525 NW 88th Avenue
Tamarac, FL 33321
0830-35289
13
BY
10/30/2005 i 10/30/2006
10/30/2005
10/30/2005 i 10/30/2006
HSTANDING ANY REQUIREMENT, TERM OR
TRANCE AFFORDED BY THE POLICIES
BEEN REDUCED BY PAID CLAIMS.
LIMITS
RRENCE $ 1,000,000
E (Any one fire) $ 300,000
y one person)
PERSONAL
$ 10,000
& ADV INJURY
$1,000,00GGREGATE
$ 2,000 00O
RODUCTS-COMPIOP AGG
$ 2,000,00
OMBINED SINGLE LIMIT (Ea
$ 1,000,000
ccident)
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
ROPERTY DAMAGE (Per
$
accident) .
UTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY: AGG
$
ACM OCCURRENCE
$. 51066,004
GGREGATE
$ 5,000,00
$
$
WC Statu-tory OTH-ER
Limits
E.L. EACH ACCIDENT
$ 100010//
E.L. DISEASE -EA EMPLOYEE
$ 1,000,00
.L. DISEASE -POLICY LIMIT $ I,000,000
INSURED, INSURER LETTER J CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
WTTEN
TO THE CE TIIFIC TEDATE THEREOF, THEISSUING HOLD RINAMED TO THE LEFT, BUT FAIWILL ENDEAVOR To LIUREAILrTO MAIL UCH NOTICE NOTICE
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS
OR REPRESENTATIVES.
Authorized Representative
Daniel Saunders
=orm - Certificate Of Insurance
IUA-.J • I- Vt L
IMPORTANT r
s not confer rights to the ceRifcate holder in lieu of
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate doe
such endorsement(s).
If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certifiate does not confer
rights to the certificate holder in lieu of such endorsements(s).
DISCLAIMER
not constitute a ntract between the issuing The Certificate of Insurance affirmatively reverse side
or of thisvely form
does tend or alter the coverage afforded by he polices li listed thereoned presentative or producer, and the
certificate holder, nor does it
xl'E OF FLORIDA.
r- A .
EPT ANT "OF`:;$IT NEARSS:.AND PROFESSIONAL REGULATION
; L :' RIOA.Tip,. ONTRP,,CTORS LICENSING HOARD SEQ#LO4083i02452
Expiration_'date: AUG.31, 200
FL`33060=3306
FROM .1811,1817 Board of County Commissioners, Broward County Florida
BROWARD COUNTY OCCUPATIONAL LICENSE TAX
FORM NO.
'';,g TORPERIODOCTOBER 1, 2005 Til iRlJ SEPTEMBER 30, 20®6
401-280/AC:25-0e1
u
PENALTIES IF PAID
. , �O RENEWAL ''� ❑ TRANSFER SEC # 18 I . 1 8 1
? 54.(l ()
BACK TAX
NOW-
OCT. -10% ' '.*ARer DEC. �1 - 23
DEC. - 20 %
❑NEW GATE BUSINESS OPENED O
PENALTY
• Plus Tax Collection Fee of up to $25.00
Based on Cost of License if Paid
STATE OR COUNTY CERT/REG
T.C. FEE
TRANSFER
On or After November 30.
Business Location+Address: O
AGGOUN7NUMBER r"
3781 NE 11 A V E
TOTAL
3"
POMPANO 33064-0000 r
BUSINESS PHONE: (954?943--5535
'"1
GENERAL
MECHANICAL ��
CRi1T1�OTNCN
THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED C 0 X M I C H A E L J
t
TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. 3781 NE 11 AVENUE
POMPANO BEACH Ft
33064•--0000
[�
BAR®` TYPE OF LICENSE TAX PAID
ms..COUNT%L-ECTRICAL CONTRACTOR
16 UNITS
BROWARD COUNTY REVENUE COLLECTOR 2005 - 2006
115 S Andrews Avenue Governmental Center Annex
FORT LAUDERDALE, FL 33301 PAYMENT RECEIVED AS VALIDATED ABOVE `SEE INSTRUCTIONS ON BACK OF LAST COPY
www.broward.org/revenue
0000000000 0000005-1+00 000000181(3002317 1001 t}
Ac#1 5 ' �' STAT:g OF FLORIDA
,•r.^ DI;PARI'MEIO'-F TJSxNES' AND.Y`PRORESSIONAL •REGI7LATION
RU fi ON I D17a, RY LICENSING BOARD` SEQ#L0408050098G
.. C6T fi . rt.,. ,
;_ENE �r�`MECHANICALr'�G
TF4wE FL 53064
�cx -
TRANS R '80-2700 Board WAnCOUNTYty ,ssioners, Broward OCCUPATIONAL L CENSE TAX County a
RD
FORM NO. FOR PERIOD OCTOBER 1, 2005 THRU SEPTEMBER 30, 2006
401.2801AC 25-061 PENALTIES IF PAID
% 1 $D TAX 2%.• i7o OCT.
-10% NOv.-15%
❑ RENEWAL' ❑ 1 TRANSFER SEC # BACK TAX "DEC. -20% *After DEG.31 -25%`
(DATE BUSINESS OPENED 1 1 / 01 � 9 b PENALTY Plus Tax Collection Fee to
[,] NEW T.C. FEE Based oCost of License
If Paid
g r . TRANSFER On or
After November 30.
TIJ
L ;
STATE OR COUNTY CERT/REG
Business Lacstion"Address: ACCOUNT NUMBER
3781 NE 11 AVE TOTAL _7
UNINCORPORATED 35064, -"! —v r.-,..� r:S
BUSINESS PHONE.: (954)943-5535 M G.I MORGAN GENERAL
MECHANICAL. GROUP INC
THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED O R G A N R Ci E R T +
3781 NE 11 AVENUE
TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. �• '
POMPANO BEACH FL 33064
0—i7,W TYPE OF LICENSE TAX PAID t2_
:r
, .COUN ENFRAL CONTRACTOR
10 UNITS
13ROWARD COUNTY REVENUE COLLECTOR 2005 re 2006
115 S. Andrews Avenue, Governmental Center Annex
FORT LAUDERDALE, FL 33301 PAYMENT RECEIVED ASVALIDATED ABOVE *SEE INSTRUCTIONS ONBACK OFLAST COPY www.broward.org/revenue
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Construction Projects
MG1 is a state General Contractor, state mechanical contractor, state pollutant storage contractor,
and has two state electrical licenses.
• Installation of switchgear and generators at South Florida Water Mgrnt. Site S5A. The
work included trenching, rigging of equipment, equipment installation.
Contact: S.F.W.M Nick Kretis (Construction Manager): 561-686-8800.
3301 Gun Club Road, West Palm Beach, FL 33416, Engineer: Bob Urban: 561-686-8800
• Installation of switchgear and electrical equipment for S.F.W.M. at sites S-7, S-9, G404,
G 310, G810. The work included civil; electrical, mechanical, and fuel. Contact: Nick.
Kretis 561-686-8800.
• Installation of generator and electrical equipment for S.F.W.M at site S-135. The work
included a generator, electrical equipment, civil work and mechanical work. Contact: Jim
Kunard, Project engineer:561-682-6711, Mike Curley 561-686-8800
• MG] is one of two companies that hold a Blanket Purchase Order for FPL to perform
switchgear related work at all power plants. MGI has performed various testing,
maintenance and installation work under the Blanket PO. Contact: FPL Tony
Sensatizmore 561-691-2968. 700 Universe Blvd., Juno Beach, FL 33408
• Substation testing of transformers, breakers, relays, etc. for Montenay Power Corp.
Contact: Ekkehard Grimm 305-593-7223.
• Constructed switchgear and generator buildings at various sites in South Florida. MGI
has performed many turn -key projects including civil, mechanical, electrical, and fuel.
• Purchased and installed six (6) transformers for the City of Pompano Beach. MGI
installed pads, set and tested the transformers. City of Pompano Beach -Contact: Randall
Fowler 954-786-4061. 1201 N.E 5"' Ave., Pompano Beach, FL 33060
• Removal, overhaul, and installation of double ended 600 HP pump. All controls and
instrumentation, installation of Diesel engine, exhaust piping. City of .Pompano Beach —
Contact: Randall Fowler 954-786-4061. 1201 N.E. 5`h Ave., Pompano Beach, FL 33060.
• Turnkey install and design for City of Key West. Project includes a 18/24/30 MVA
transformer, Powercon switchgear, 138 KV breaker, Transmission line work, Duct Bank,
Cable Pulls, Transmission poles, Equipment Pads, etc.
Contact: Ed Giesler (City of Key West) 305-295-1056.
• Install and replace MCC's, generators, and Main Distribution Switchgear for S.F.W.M at
sites S-2, S-331, and S-3. Contact: Nick Kretis (561)-686-8800, Project engineer: Cled
Weldon (561) 686-8800. Jim Kunard (561) 686-8800.
• Turn -key project ( 2.5 Million ) for City of Margate including a facility building housing
(2) 1250 KW generators and paralleling switchgear. In addition, the work includes
ductbanks, SCADA, HVAC, electrical, and mechanical. Director of Utilities, Emelio
Estaban (954) 972-0828
• City of Coral Springs Water Treatment facility project ( 1.45 MUSD )that includes
installation of (4) raw water wells, piping, duct bank, cable pulls, & MCC modifications.
• Army Corp., Slide Gate 380 C —11 Basin. Subcontractor to Grundy Marine. Performed
electrical, fuel, and generator installation for Gates, stilling wells, trash rake etc. Contact:
Charlie Ellis (904) 699-7083.
• Army Corp. Structure 84A Environmental Restoration, Subcontractor to Gulf Group,
Performed all electrical, fuel, and generator installation for gates, stilling wells, etc.
Contact: Sam Stone 850-785-0592.
• City of Boca Raton, Remove existing 600 KW generator and install new 600 KW
generator with fuel system. Contact Mike Fichera 561-416-3391.
MGI - Morgan General Mechanical 3781 N1'. 11Avenue (954) 943-5535
Group, Inc. Pompano, FL 33064 Fax: (954) 943-5534
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REFERENCES
Emilio Esteban
Robert Abordo
City of Margate
Montgomery Watson Harza
Director of Utilities
Engineer
1001 West River Drive
490 Sawgrass Corporate Parkway
Margate, FL 33063
Suite 300
Tel: 954-972-0828
Sunrise, FL 33325
Tel: 954-846-0401
John McKune, P.E.
Jim Zetler
Gee & Jenson
Cornerstone Systems
11575 Heron Bay Blvd. 41.06
250 Eagle Drive
Coral Springs, FL 33076
Jupiter, FL 33477
Tel: 954-752-4960 .
Tel: 561-747-1813
Roger Moore, P.E.
Nick Salce
District Engineer
Project Engineer
Coral Springs Improvement District
Gilbert Southern
10300 N.W. 111h Manor
1011 Shotgun Road
Coral Springs, FL 33071
Sunrise, FL 33326
Tel: 954-753-0380
Tel: 954-236-9199
Houston Tripp
Charlie Ellis
Project Engineer
Project Manager
South Florida Water Mgmt. District
Grundy Marine Construction Co.
3301 Gun Club Road
2209 Park Place
West Palm Beach, FL 33406
Ponte Vedra, FL 32082
Tel: 561-686-8800
Tel: 904-699-7083
Denise Arrieta
Ed Earnest
Supervisor
Project Engineer
South Florida Water Mgmt. District
City of Ocala
3301 Gun Club Road
405 SE Osceola Ave.
West Palm Beach, FL 33406
Ocala, FL 34471
Tel: 561-686-8800
Tel: 352-629-8521
Tony Senzatimore
Mike Fichera
Florida Power & Light - Home office
Facilities Manager
700 Universe Blvd.
City of Boca Raton
Juno Beach, FL 33408
201 West Palmetto Road
Tel: 561-691-2968
Boca Raton, FL 33432
# 561-393-7700
MGI - Morgan General Mechanical 3781 N.E. 1 I1h Avenue (954) 943-5535
Group, Inc. Pompano, FL 33064 Fax: (954) 943-5534
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AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
MGI-MORGAN GENERAL MECHANICAL GROUP, INC.
THIS AGREEMENT is made and entered into this ,22�,day of ,
2006 by and between the City of Tamarac, a municipal corporation with principal offs es
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and MGI-Morgan
General Mechanical Group, Inc., a Florida corporation with principal offices located at
3781 NE 11the Avenue, Pompano Beach, Florida 33064 (the "Contractor") to provide
for the Design/Build of the City of Tamarac Public Service Center Fuel Island and
Underground Fuel Storage Tank Replacement Facility.
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, RFP Document No. 06-04R
titled "Design/Build of the City of Tamarac Public Service Center Fuel Island and
Underground Fuel Storage Tank Replacement Project", 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 the Proposal document titled "Design/Build of the City of Tamarac Public
Service Center Fuel Island and Underground Fuel Storage Tank Replacement Project'
as issued by the City, and the Contractor's Proposal, the proposal document 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 to complete the Design/Build of the City of
Tamarac Public Service Center Fuel Island and Underground Fuel
Storage Tank Replacement Project.
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
A g r & at ir. 1;
Carty of Tamarac C;« Wracts Divrs on
.............................................................................................................................. ' q........._.......... _............................................................ ....................... ...................................................................................
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.
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 no later than 126 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
......... ........ ......... ........ ......... ...... .......
City of Tamarac
pinch"Ising .and GO'otr acis Division
.........................................................................
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
5) Contract Sum
The Contract Sum for the above work is not to exceed Two Hundred Forty -Four
Thousand, Eight Hundred Dollars and no cents ($244,800.00), which shall include a
Design fee of Thirteen Thousand Six Hundred Dollars and no cents ($13,600.00), and a
Construction/Tank Removal Fee of Two Hundred Thirty-or-A91-rhousand Two Hundred
Dollars and no cents ($231,200.00).
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.
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.
City of Tc%(T)a/"-w Purr asi,o �: nd (,;{3t trachS D;visiom
.......................................................................................................................................................................................................................
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to
make increases, decreases or other changes to the work as may be
considered necessary or desirable to complete the proposed construction in
a satisfactory manner. The Contractor shall not start work pursuant to a
change order until the change order setting forth the adjustments is
approved by the City, and executed by the City and Contractor. Once the
change order is so approved, the Contractor shall promptly proceed with the
work. All Change Orders shall include overhead and profit, not to exceed
five percent (5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work.
All duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract
Price or Time except as approved in writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price
shall be based on written notice delivered by the party making the claim to
the other party promptly (but in no event later than 15 days) after the
occurrence of the event giving rise to the claim and stating the general
nature of the claim. The amount of the claim with supporting data shall be
delivered (unless the City allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be accompanied by
claimant's written statement that the amount claimed covers all known
amounts to which the claimant is entitled as a result of the occurrence of
said event. No claim for an adjustment in the Contract Price will be valid if
not submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later than
fifteen (15) days after the occurrence of the event giving rise to the claim.
Notice of the extent of the claim shall be delivered with supporting data and
stating the general nature of the claim. Contractor hereby agrees to waive
rights to recover any lost time or incurred costs from delays unless
Contractor has given the notice and the supporting data required by this
Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be
granted for delays to the work, unless the Contractor can clearly
demonstrate that such delays did or will, in fact, delay the progress of work
as a whole. Time extensions shall not be allowed for delays to parts of the
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work that are not on the critical path of the project schedule. Time
extensions shall not be granted until all float or contingency time, at the time
of delay, available to absorb specific delays and associated impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change
order has not been issued, the City reserves the right at its sole option to
terminate the contract as it applies to these items in question and make such
arrangements as the City deems necessary to complete the work. The cost
of any work covered by a change order for an increase or decrease in the
contract price shall be determined by mutual acceptance of a Guaranteed
Maximum Price by the City and Contractor. If notice of any change in the
contract or contract time is required to be given to a surety by the provisions
of the bond, the giving of such notice shall be the Contractor's responsibility,
and the amount of each applicable bond shall be adjusted accordingly. The
Contractor shall furnish proof of such adjustment to the City Failure of the
Contractor to obtain such approval from the Surety may be a basis for
termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR
DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE
MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor
shall not be entitled to an increase in the construction cost or payment or compensation of
any kind from City for direct, indirect, consequential, impact or other costs, expenses or
damages including but 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
......................................... .. . ......... ...... ......................... ....... ... .
City of 7"bnorao g Pulrhas;nq ,~t ,d Con,acts Dklis;on
................................................... ` �...........,..�...............................................................................
Department of Commerce, National Oceanic and Atmospheric Administration at the Fort
Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible
for any damages caused by defect to affected area or to interior structure. The one (1)
year warranty period does not begin until approval of final payment for the entire project,
and the subsequent release of any Performance or Payment Bonds, which may be
required by the original bid 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
Agreement
w,ity of Taf rs rac,
arc as'n andC:oWr acts Division
......................................... .. A
limited to, the following: employment, promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor shall
agree to post in conspicuous places, available to employees, and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,
as follows:
�yIVA
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
7 Agrpe ?(,w3t
Carty of purchasing alld CCorllracts 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
MGI-Morgan General Mechanical
Group, Inc.
3781 N.E. 11t" Avenue
Pompano Beach, FL 33064
ATTN: Robert L. Morgan, President
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.
8 �t�r's��nrrrrl
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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.
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.
Fitp'� eam" m1,
4
., rf Tamarac Purchasing atxl C oWr acts Divisror,
........................... ...... ... ..............
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.
CI OF TAMARAC
J chreiber, Mayor
Dat
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ATTEST: Jeffrey t. Mill dr, City Manager
9,Ia,2
arion Swenson, C C Dat
City Clerk
D
ATTEST:
re of Corporate Secretary
ifer U
(CORD -ORATE SEAL)
Approved as to form and legal sufficiency:
�*Vk AA=
muel are , it Attorney
qqv;
Date
MGI-Morg�ri Gener Mechanical Group,
Inc. s
Compa y Name
Signidture of P1re!9 eAOwr
Robert L. Morgan
Type/Print Name of President
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Date
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City of Tamarac
STATE OF
COUNTY OF
...
CORPORATE ACKNOWLEDGEMENT
SS
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
Robert L. Morgan, President, of MGI-Morgan General Mechanical Group, 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 —r—EA d
E�:::::
JOHN J. LaMARCA iSSION # DD 138005
: September 7, 2006 try S-i- & Bonding, Inc.
0 o ry Public
Flor at Large
Print, Type or Stamp
Name of Notary Public
Qll'� Personally known to me or
❑ Produced Identification
Type of I.D. Produced
U//DID
DID take an oath, or
NOT take an oath.
11 Agreement
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