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
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Revision No. 1 - January 20, 1998
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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
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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.
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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.
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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)
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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.