Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-134Temp Reso. #9386 April 30, 2001 1 Revision 1, May 14, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2001-134 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 01- 13B TO, AND EXECUTE A CONTRACT WITH, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, R.J. SULLIVAN CORPORATION FOR AN AMOUNT OF $211,000.00 FOR CONSTRUCTION OF THE DUAL MEDIA GRAVITY FILTERS 1 AND 2 REHABILITATION PROJECT, LOCATED AT TAMARAC UTILITIES WEST TREATMENT PLANT SITE; APPROVING FUNDING FOR THIS PROJECTTHROUGHAN APPROPRIATION FROM RETAINED EARNINGS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Utilities Department of the City of Tamarac is responsible for the operation and maintenance of the water and wastewater utilities which requires the treatment and distribution of potable water in a safe, efficient and economical manner; and WHEREAS, to maintain the City's water consumption demands and to eliminate potential health hazards in the event of additional filter system disruptions at the Utilities West Treatment Plant, the rehabilitation of Dual -Media Filters 1 and 2 (hereinafter "Filters 1 and 2") is critical; and Temp Reso. #9386 April 30, 2001 2 Revision 1, May 14, 2001 WHEREAS, the rehabilitation of Filters 1 and 2 is necessary to maintain maximum water production capabilities, ensure efficient treatment plant operations and to maintain compliance with water quality standards; and WHEREAS, the City of Tamarac advertised Bid No. 01-13B for the Dual Media Gravity Filters 1 and 2 Rehabilitation Project; and WHEREAS, on April 18, 2001, the following bids were opened for the Dual Media Gravity Filters land 2 Rehabilitation Project: COMPANY NAME TOTAL BID $ R.J. Sullivan $211,000.00 TLC Diversified $221,500.00 Florida Design $225,800.00 Intrastate Construction $226,061.00 WHEREAS, R.J. Sullivan Corporation had the lowest responsive and responsible bid of $211,000.00; and WHEREAS, it is recommended that funding for this project in the amount $211,000.00 be appropriated from retained earnings; and WHEREAS, it is the recommendation of the Director of Utilities and Purchasing/Contracts Manager that the project be fully funded and that Bid No. 01-13B be awarded to the lowest responsive and responsible bidder, R. J. Sullivan Corporation; and 1 Temp Reso. #9386 April 30, 2001 3 Revision 1, May 14, 2001 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the award of Bid No. 01-13B for the Dual Media Gravity Filters 1 and 2 Rehabilitation Project to R.J. Sullivan Corporation for the amount of Two Hundred Eleven Thousand Dollars and No cents ($211,000.00). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: Bid No. 01-13B for the Dual Media Gravity Filters 1 and 2 Rehabilitation Project is hereby awarded to and all appropriate City Officials are authorized to execute the contract between the City of Tamarac and R.J. Sullivan Corporation (a copy of which is attached hereto as "Exhibit 1 ") SECTION 3: An appropriation in an amount not to exceed $211,000.00 from Retained Earnings, and expenditure of said funds, is hereby authorized. SECTION 4: The City Manager, or his designee, be authorized to make changes, issue Change Orders not to exceed $10,000 per Section 6-156(b) of the City Code, and close the contract award including, but not limited to, making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp Reso. #9386 April 30, 2001 4 Revision 1, May 14, 2001 SECTION 6: If any clause, section, other part of application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 231 day of May, 2001. JOL SCHREIBER { MAYOR ATTEST: r w �ok, 4L RECORD OF COMMISSION VOTE: MARION SWENSON, CMC CITY CLERK MAYOR SCHREIBER C.,6 DIST 1: COMM. PORTNER . DIST 2: COMM. MISHKIN L` I HEREBY CERTIFY t at I DIST 3: V/M SULTANOF E' have approved this DIST 4: COMM. ROBERTS L. RES UTIO as t form. ` ' TCHELL S. WAFT CITY ATTORNEY RG/JD/mg AGREEMENT BETWEEN THE CITY OF TAMARAC ►..1► e R.J. SULLIVAN CORP. DUAL MEDIA GRAVITY FILTER 1 & 2 REHAB BID No. 01-13B THIS AGREEMENT is made and entered into this 23ro� day of , 2001 by and between the Cityof Tamarac, a municipal corporation with principal offices locat at 7525 N.W. p p p p 88th Ave., Tamarac, FL 33321 (the "CITY") and R.J. Sullivan Corp., a Florida corporation with principal offices located at 2001 NW 22"d Street, Pompano Beach, FL 33069, (the "Contractor") to provide 'construction_or f Dual Media Gravity, Filter 1 &„2 Rehabilitation. . _o.._ . _..__. 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, all documents contained in Bid No. 01-13B Dual Media Gravity Filters 1 & 2 Rehab (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, 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 if attached to this Agreement or repeated therein. 2) The Work The contractor shall perform all work for the City required by the contract documents as set forth below: a) CONTRACTOR shall furnish all labor, materials, and equipment necessary to complete the rehabilitation of the existing Dual -Media Gravity Filter 1 & 2, including removal and disposal of existing surface wash systems; replacement of new surface wash systems, removal and disposal of existing filter media, replacement of new filter media, removal and disposal of existing underdrains, replacement of new underdrains, removals and disposal of existing Actuator Valves, replacement of new Actuator Valves, painting filter structures, disinfecting filters, and all appurtenant work, complete, tested and ready for operation, as described in Bid No. 01-13B Dual Media Gravity Filters 1 & 2 Rehab. b) CONTRACTOR shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed contractor and crew with at least three years of verifiable full-time experience with projects of similar nature or dollar cost. c) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. d) CONTRACTOR shall supervise the workforce to ensure that all workers conduct themselves and perform their work in a safe and professional manner. CONTRACTOR shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. CONTRACTOR shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the CONTRACTOR's expense. e) All equipment must be stored in a safe manner when not in operation. The CITY shall not be responsible for damage to any equipment or personal injuries caused by the CONTRACTOR's failure to safely store equipment. f) 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. g) 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 Contractor shall obtain at Contractor's 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. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor 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 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. 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 The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than ten (10) days after the date that Contractor receives the official Notice -to Proceed. The filter work shall be substantially completed no later that, /$© 74swi ZaFgays after the date of the Notice -to -Proceed. All work shall be completed no later han Thirty (30) Days after the date of substantial competition. 5) Contract Sum The Contract Sum for the above work is Two Hundred and Eleven Thousand Dollars and No cents ($211,000.00) . The Contract sum is determined by the cost of services, including labor and materials for the job also known as Bid No. 01-13B Dual Media Gravity Filters 1 & 2 Rehab. 6) Payments A monthly payment/progress payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the CONTRACTOR for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, or contractors who worked on the project that is the subject of this Bid. 8) Warranty Contractor warrants the job completed against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall correct any and all defects either by repair, replacement or reaccomplishment as determined by the CITY. In the event, such defects, as determined by the CITY, are not properly repaired, replaced or reaccomplished, the CITY shall perform such repairs, replacements or reaccomplishments at the CONTRACTOR's risk and cost. Contractor shall be responsible for any damages caused by defects to affected areas or interior of structure. 9) 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. 10) Non -Discrimination The CONTRACTOR agrees that it shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The CONTRACTOR further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor CONTRACTOR is an independent contractor under this Agreement. Personal services provided by the CONTRACTOR shall be by employees of the Contractor and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the CONTRACTOR. 12) 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. 13) 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Robert J. Sullivan President R.J. Sullivan Corp. 2001 NW 22"d Street Pompano Beach, FL 33069 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar 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. Default by CONTRACTOR: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY 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. 15) 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. 16) 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. Should it become necessary for the CITY to engage an attorney to enforce this agreement, the CONTRACTOR will pay the CITY all costs, including a reasonable attorney's fee. 17) 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. 18) 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 nonenforcement 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. 19) 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. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and R.J. Sullivan Corp. (Name of party with whom Agreement is made), signing by and through its President (President, Owner, C.E.O.,etc.) duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date: 6r-�2 3 - 01 ATTEST: a,. —T—. st��� (Corporate Secretary Anne T. Sullivan Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC �#e Schreiber, Mayor Date: S- ,2 3 - 0 1 JWJeffre L. Mfffer, City Manager Date: 5-- 2 D as to form and Mitcl%II Kraft, City R. J. Sullivan Corporation 4 1 'j, it, r� (Signature of resident) Robert J. Sullivan Type/Print Name of President Date: May 23, 2001 -r" CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledged before me this May 23, 2001 day of May 23, , 2001 by Robert J. Sullivan (name of officer or agent, title of officer or agent) of R.-J. Sullivan Carp. (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He is personally known to me x take an oath. (type of identification) as identification and did (did not) W. C. U;�-J Signature of Notary Public — State of Florida Will G. Pulsford Print, Type or Stamp Name of Notary Public ,��!"�( WiVim G. PuWord yam' CowAde on # dC 12%13 ikpir��. 25,2W3 •• r " Stlan6ic Rea&ng Co., Inc. DATE (MM/DDm) g�QeD CERTIFICATE OF LIABILITY INSURANCE MAY 1001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND SID BANACK INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1201 U.S. HWYA - #445 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NORTH PALM BEACH FL 33408 POLICIES BELOW, PHONE: 561-627-1144 FAX: 561-625-1266 COMPANIES AFFORDING COVERAGE INSURED COMPANY A: NATIONAL FIRE INS. OF HARTFORD R.J. SULLIVAN CORPORATION COMPANY a: CONTINENTAL CASUALTY CO. 2001 N.W. 22ND ST. POMPANO BEACH FL 33069 COMPANY C: AMCMP PREFERRED INS. CO. COMPANY D:� COMPANY E: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS,ry,r LTRI TYPE OF INSURANCE _ POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDIYY) POLICY EXPIRATION DATE(MMIDDrYY) LIMITS GENERAL LIABILITY 2026441899 JUL 24 00 JUL 24 01 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any One Fire) $ 50,000 CLAIMS MADE I-] OCCUR MED. EXP (Any One Person) $ 5,000 A PERSONAL 6 ADV INJURY T $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. S 2,000,000 POLICY n PROJECT I LOC _ �^ AUTOMOBILE X LIABILITY ANY AUTO C 1022590277 JUL 24 00 JUL 24 01 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY B -- - SCHEDULEDAUTOS (Per person) — S —_— X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE - .. ------------------ — $ GA GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO . S OTHER THAN EA ACC j 1 AUTO ONLY: AGG —.----__—_-_.- S EXCESS LIABILITY Cl 22590280 JUL 24 00 JUL 24 01 EACH OCCURRENCE $ X OCCUR I 1 CLAIMS MADE AGGREGATE $ 5,000,000 B $T — DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND WCV4078299 JAN 1 01 JAN 1 02 WC STAZ OTHER T.E.L. C EMPLOYERS' LIABILITY EACH ACCIDENT S 500,000 E.L. DISEASE -EA EMPLOYEE $ 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER: CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FL 33321-2401 Attention: ACORD 2" (7/97) Certificate # CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 35951 Roland Q. Roberts Certificate # 35951 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21203 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY Fidelity and Deposit Company of Maryland R.J. Sullivan Corp. P.O. Box 1227 2001 N.W. 22nd Street Baltimore, Maryland 21203 Pompano Beach, FL 33069 OWNER (Name and Address): City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 CONSTRUCTION CONTRACT Date: Amount: $211,000.00 Description (Name and Location): Bid 01-13B Dual Media Gravity Filters 1 & 2 Rehab BOND Date (Not earlier than Construction Contract Date): Amount: $211,000.00 Modifications to the Bond: ®None ❑See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: R.J. Sullivan Corp. Company: Fidelity and Deposit Company of Maryland -Corporate Seal Signature: Name and Title: J.J. SUIII n, President (Any additional signature appear on page 3) (FOR INFORMATION ONLY— Name, Address and Telephone) AGENT or BROKER: R.Q. Roberts, Jr. Sid Banack Insurance 1201 U.S. #1 - Suite 445, North Palm Beach, FL 33408 561.627.1144 Corporate Seal Signature: Name and Title: R.Q. Rob Jr., Attorney -in -Fact r1r OWNER'S REPRESENTATIVE (Architect, Engineer or other party): CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C310 I The Contractor and the Surety; .ointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment thereof to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demand- ing that the Surety perform its obligations under this .Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract. the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provision of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction shall be applicable. CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C310 2 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. I I When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provision conforming to such statutory or other legal requirement shall be deemed incorporated herein The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the contractor of any amounts received or to be received by the Owner in MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. - Company: SURETY: Company: rporate Seal) r Signature: re5� ignature: _ Name and Title: Name and Title: Address Address. - CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C310 (Corporate Seal) r. Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD 21203 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): R.J. Sullivan Corp. 2001 N.W. 22nd Street Pompano Beach, FL 33069 OWNER (Name and Address): City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 CONSTRUCTION CONTRACT Date: SURETY Fidelity and Deposit Company of Maryland P.O. Box 1227 Baltimore, Maryland 21203 Amount: $211,000.00 Description (Name and Location): Bid 01-13B Dual Media Gravity Filters I & 2 Rehab BOND Date (Not earlier than Construction Contract Date): Amount: $211,000.00 Modifications to the Bond: ®None ❑See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: R.J. Sullivan Corp. Company: Fidelity and Deposit Company of Maryland Cofoorate Seal Signature:'�&� j Name and Title: R.J. Sullivoll President (Any additional signature appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: R.Q. Roberts, Jr. Sid Banack Insurance 1201 U.S. #1- Suite 445 North Palm Beach, FL 33408 561.627.1144 Corporate Seal Signature:_ /W* Name and Title: ICQ. Robe r., Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other part'): CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C4*litt1 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successor and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, provided there is no Owner default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating with substantial accuracy, the amount of the claim and the name of the party to whom the materials were famished or supplied or for whom the labor was done or performed; and 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligation. 11 No suit or action shall be commenced by a Claimant under this Bond other that in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 12 Notice to the Surety, the Owner or the Contractor shall be mailed or days of furnishing the above notice any delivered to the address shown on the signature page. Actual receipt of communication from the Contractor by which the notice by Surety, the Owner or the Contractor, however accomplished, Contractor has indicated the claim will be paid shall be sufficient compliance as of the date received at the address directly or indirectly; and shown on the signature page. .3 Not having been paid within the above 30 days, 13 When this Bond has been furnished to comply with a statutory or have sent a written notice to the Surety (at the other legal requirement in the location where the construction was to be address described in Paragraph 12) and sent a copy, performed, any provision in this Bond conflicting with said statutory or or notice thereof, to the Owner, stating that a claim legal requirement shall be deemed deleted herefrom and provisions is being made under this Bond and enclosing a copy conforming to such statutory or other legal requirement shall be deemed of the previous written notice furnished to the incorporated herein_ The intent is that this Bond shall be construed as a Contractor. statutory bond and not as a common law bond. CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C310 2 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINrr1ONS 15.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL: Company: SURETY: Company: (Corporate Seal) Signature: S Signature: _ Name and Title: Name and Title: Address: Address: CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. C310 (Corporate Seal) Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALnMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Roland Q. Roberts, Jr., Michael W. Harris and Sidney M. Banack, Jr., all of Vero Beach, Florida, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings the execution ch bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all i d purpose ey had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,0��7 ir own rsons. This power of attorney revokes that issued on behalf of Roland Q. Roberts, Jr,, ctal, dated April 15, 1993. The said Assistant Secretary does hereby certify that the extract on the rev a hereof is a true copy of Article Vl, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assis retary hay to subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYL is 18th da ember. A.D. 1997. ATTEST: FIDELITY A OSIT C a v _ NY OF MARYLAND 5EAL By: Ca" _ E, Smith O Assistant W. B. Walbrecher Yice-President State of Maryland ss: o County of Baltimore On this 18th day of September, A-D. 1997, before ember, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B- WALBRECHER, Vice -President and T. E. S ssistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and Me scribed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo verally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. e[� j fly nnlq cI rca` Car I J. Fader Notary Public My C miss' Expires: August 1, 2000 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of Assistant Secretary 1-1428-031-4672 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING DIVISION TO: June White DATE: 29 MAY 2001 FROM: Anne Lodato RE: Temp Reso 9386 Resolution R-2001-134 Issue: Attached you will find the three (3) signed agreements for the Dual Media Gravity 1 & 2 Rehab that was approved by Commission on 5/23/01. Attached you also find the original Payment and original Performance Bonds for this project. Sincerely, '4d Attachments