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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-040January 14, 1998 - Temp. Reso. #81 15 1 Revision No. 1 - January 20, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- '40 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF BID NO. 97-18B ENTITLED, "HIATUS ROAD EXTENSION, NORTHERN SECTION, WESTPOINT TO MCNAB ROAD", TO SMITH & COMPANY, INC. AT A COST OF $2,048,760.85; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE CONTRACT BETWEEN THE CITY OF TAMARAC AND SMITH & COMPANY, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to promote economic development; and WHEREAS, the Tamarac Commerce Park and the Westpoint Project are strategically located to attract significant business and commerce; and WHEREAS, the completion of Hiatus Road to McNab Road will provide the main access road to these projects; and WHEREAS, the completion of Hiatus Road will provide an alternative route for Nob Hill Road traffic; and WHEREAS, the City of Tamarac has an officially adopted local Comprehensive Plan, including a trafficways element pursuant to the local government Comprehensive January 14, 1998 - Temp. Reso. #81 15 2 Revision No. 1 - January 20, 1998 1 Planning Act, and all segments of the public were offered an opportunity to participate in the planning process leading to the adoption of this document; and WHEREAS, the Broward County Planning Council amended the Trafficways Plan to include Hiatus Road from Commercial Boulevard to McNab Road; and WHEREAS, the City of Tamarac has determined the Hiatus Road Project and resulting industrial development to be consistent with the goals, objectives and policies of the Tamarac Comprehensive Plan; and WHEREAS, on November 13, 1996, the City Commission of the City of Tamarac, Florida approved a Resolution No. R-96-259 entering into a Joint Funding Agreement with Broward County for the improvements to the City's portion of Hiatus Road Extension; and WHEREAS, Resolution No. R-96-259 stipulated that Broward County would agree to pay 62.5 percent (62.5%) or $1,280,476.00, and the City of Tamarac will pay the remaining 37.5 percent (37.5%) or $768,285.00 for a total project cost of $2,048,761.00; and WHEREAS, the City of Tamarac advertised Bid No. 97-18B on November 23 and November 30, 1997 for the construction of Hiatus Road Extension, Northern Section, Westpoint to McNab Road; and I I January 14, 1998 - Temp. Reso. #81 15 3 Revision No. 1 - January 20, 1998 WHEREAS, on December 19, 1997, the following bids were opened; and WHEREAS, Smith & Company, Inc. has the lowest responsive and responsible bid proposal at $2,048,760.85; and WHEREAS, it is recommendation of the Director of Community Development, Director of Public Works, and Purchasing/Contracts Manager that the project be awarded to the lowest responsive and responsible bidder, Smith & Company, Inc.; and WHEREAS, available funds exist in the Trafficways Improvement Fund for said purpose; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the award of Bid No. 97-18B entitled, "Hiatus Road Extension, Northern Section, Westpoint to McNab Road," to Smith & Company, Inc. at a cost of $2,048,760.85; authorizing the appropriate City Officials to execute the contract between the City of Tamarac and Smith & Company, Inc. 11 1 January 14, 1998 - Temp. Reso. #81 15 4 Revision No. 1 - January 20, 1998 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: That the award of Bid No. 97-18B entitled, "Hiatus Road Extension, Northern Section, Westpoint to McNab Road", to Smith & Company, Inc. at a cost of $2,048,760.85; authorizing the appropriate City Officials to execute the contract between the City of Tamarac and Smith & Company, Inc. (attached hereto as Exhibit "1"); is HEREBY APPROVED. SECTION 3: That the City Manager or his designee be authorized to make changes, issue change orders not to exceed $10,000.00 per Section 6-156(b) of the City of Tamarac Code of Ordinances, and close the bid 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 bid cost of $2,048,760.85. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 January 14, 1998 - Temp. Reso. #81 15 5 Revision No. 1 - January 20, 1998 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this J/ day of FeLL'1998. ATTEST: PATRICIA MARCURIO ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to fora! 11TCHELL CITY ATT commdev\u:\pats\userdata\wpdata\res\B 1 15reso JOE SCHREIBER MAYOR RECORD S HREIB R�MtS DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4: -.ZQ-WM. ROBERTq VOTE AGREEMENT BETWEEN CITY OF TAMARAC AND SMITH & COMPANY, INC. THIS AGREEMENT made this 11th day of _February, 1998, by and between the CITY OF TAMARAC (hereinafter called CITY) and SMITH & COMPANY Inc. (hereinafter called the CONTRACTOR). WITNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: The undersigned CONTRACTOR hereby represents that he has carefully examined the Bid Specifications and all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. The CONTRACTOR agrees to comply with the requirements of the specifications contained in the Invitation to Bid. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that he/she has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses and is the total compensation required to be paid by the CITY for the satisfactory completion of the contract requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT/S Invitation to Bid, Instructions to Bidders, General Terms and Conditions, Insurance Requirements, Special Conditions Specifications Bid Form Bid Signature Form Statement of No Bid Variations Non -Collusive Affidavit Certification Bidder's Qualification Statement References Supplemental General Conditions Addenda numbers 1 to 2 , inclusive, and Any Modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date entered above and expire 180 calendar days from the date of the notice to proceed letter. 5. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be give 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. _Robert S. Noe,, Jr. (Party who entered into Agreement) City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Steve Smith (Name of Contractor) President (Title of named above) Smith & company, Inc, (Name of Company) 1200 Weston Road, Weston, 1=L 33326 _(Address) lJ 6. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 7. The CITY and the CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. S. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. 9. This Agreement shall be governed by the laws of the State of Florida as are now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATT ST: CITY OF TAMARAC, FLORIDA Assistant City Clerk Ude Schreiber, Mayor =_ PatAcia Marcurio, CMC _ Ap ro2a =tF CT TY ��T�r r F R� b By tc e11e5. Kraft Robert S . Noe, Jr . , C ' "ty Manager Josebh Burke Pri t or Type N e) Lynne Pintado 0 (Print or Type Name) CONTRA By: Steve Smith, President (Print or Type Name and Title) • • CORPORATE ACKNOWLEDGEMENT STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledged before me this 27th day of .January 1 1998 by Steve Smith, President (name of officer or agent, title of officer or agent) of smith & Company, Inc. (name of corporation acknowledging), a Florida Corporation (State or place of incorporation) corporation, on behalf of the corporation. He is eer os nally known to me (type of identification) as identification and did (did not) take an oath. _ Public — State of j05EPH M • (3u14x Print, Type or Stamp Name of Notary Public P&, JOSEPH M. BURKE COMMISSION # CC 671536 EXPIRES AUG 30, 2001 BONDED THkU OF i�ATLANTIC BONDING CO., INC.