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City of Tamarac Resolution R-95-133
F1 C 1 Temp Reso.M$5 CITY OF TAMARAC RESOLUTION NO. R-96 /3 -3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE TRANSFER OF $124,291 FROM THE UTILITIES WATER AND SEWER DEVELOPER IMPACT FEE ACCOUNT NUMBER 432-872- 588-99C TO ACCOUNT NUMBER 432-888-536-67M ENTITLED "67TH STREET WATER AND SEWER IMPROVEMENTS" TO PROVIDE FUNDING FOR THE AWARD OF BID NO 95-04 ENTITLED "LIFT STATION NO. 45"; APPROVING THE AWARD OF BID NO 95-04 TO SOUTH FLORIDA UTILITIES, INC. AT A COST OF $124,291, FUNDED UNDER ACCOUNT 432-888-536-67M ENTITLED "67TH STREET WATER AND SEWER IMPROVEMENTS"; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE CONTRACT BETWEEN THE CITY OF TAMARAC AND SOUTH FORIDA UTILITIES, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac advertised Bid Number 95-04 for the construction of Lift Station No. 45 (Utilities Project No. 95-07) located at the corner of proposed Northwest 67th Street and Hiatus Road, (shown in map form as "Exhibit 2"); and WHEREAS, on May 10, 1995, the following seven bids were opened: 1) South Florida Utilities, Inc. 2) TLC Diversified, Inc. 3) Trio Development Corporation. 4) Intercounty Engineering, Inc. 1 Bid offer $124,291 Bid offer $132,767 Bid offer $154,741 Bid offer $156,689 1 FJ and 5) Marine Engineering Contractors, Inc. 6) Man -Con, Inc. 7) John J. Kirlin, Inc. of Florida Temp. Reso.7085 Bid offer $169,640 Bid offer $192,001 Bid offer $222,221; and WHEREAS, South Florida Utilities, Inc. had the lowest bid proposal at $124,291; WHEREAS, funds in the amount of $124,291 needs to be transferred from Account No. 432-872-588-99C entitled "Utilities Water and Sewer Developer Impact Fees" to Account No. 432-888-536-67M, entitled "67th Street Water and Sewer Improvements," to fully fund the award of Bid Number 95-04; and WHEREAS, it is the recommendation of the Utilities Director that the project be fully funded and that Bid Number 95-04 be awarded to the lowest responsive and responsible bidder, South Florida Utilities, 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 approve the award of Bid Number 95-04 for the construction of Lift Station No. 45 (Utilities Project No. 95-07) to South Florida Utilities, Inc. at a cost of $124,291. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 2 Temp. Reso. 7085 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 appropriate City Officials are hereby authorized to approve a budget transfer of $124,291 from Account No. 432-872-588-99C entitled "Utilities Water and Sewer Developer Impact Fees" to Account No. 432-888-536-67M entitled °67th Street Water and Sewer Improvements" to fully fund this project. SECTION 3: That the contract for the construction of the Lift Station No. 45 (Utilities Project No. 95-07) located on the corner of proposed Northwest 67th and Hiatus Road by South Florida Utilities, Inc. is HEREBY APPROVED and that all appropriate officials are authorized to execute the contract between the City of Tamarac and South Florida Utilities, Inc. attached hereto as "Exhibit 1 ". SECTION 4: That the City Manager or his designee be authorized to close the contract 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 price. CTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 11 n Temp. Reso. 7085 SECTION 6: 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 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this-Z� day of , 1995. "Pad A ��U �6ift' IkA 1161111, ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTI as RECORD OF CC to rm. MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: �COMM. MISHKIN pIST, 3: COMM. SCHREIB MITCHELL SgKFrFT DIST. 4: _COMM. MACHEK CITY ATTORNE Utilities/mw 4 'e, 9'57-/33 QONTRACT THIS CONTRACT made and entered into this day of in the year Nineteen Hundred Ninety Five (1995) by and between South ElQrida LItilities. Inc. jointly and severally hereinafter called the Contractor, and the City of Tamarac, hereinafter called the Owner. WITNESSETH: That whereas, the Owner has awarded to the Contractor the work of performing certain construction: NOW, THEREFORE, the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE 1. 5_Qpe_of Wor$: The Contractor shall furnish all of the labor, materials, tools, equipment, and everything necessary to perform; and shall perform, in accordance with the Bid Documents and the _ terms of this �.s Contract, the Project known and ilenStation— identified as • No. _4,.5 Tamarac Utilities West, Project No. 95 =0'7 " and shall do everything required by this Agreement, the Proposal, the General Terms- and Conditions, the Supplemental General Conditions and Specifications.. ARTICLE 2. Time of Camp Lion: Construction work must begin within ten (10) days from the date of receipt of official notice to proceed and shall be carried on at a rate to insure its full completion within one hundred twenty (120) calendar days. The rate of progress and the time of completion being essential conditions of this Agreement. C-1 ,f- ql 5 / 3.3 0 D,,,,',,ct!on 'or lot �,"omipletinq on Time: If the Contract work is not fully completed, according to the terms of the Contract within the time limits herein stipulated, the Contractor shall pay the owner, not as a penalty, but as liquidated damages, the sum of seven hundred and fifty dollars ($750.00) per day for each and every calendar day elapsing between expiration of such time limit and the date of full completion, unless the time limits herein stated are subject to extension without payment of damages, as provided in the General Terms and Conditions. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Contractor, in accordance with the terms of this Contract, Federal Laws, State Laws, or governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Contractor under the Contract and when deducted, shall be deemed and taken as payment in such amount. ARTICLE 3. General: The Contractor hereby certifies that he has read each and every clause of the Contract and Bid Documents and that he has made such examination of the location of the proposed work as is necessary to understand fully the nature of the obligation herein made; and will complete the same in the time limits specified herein, in accordance with the Contract and Bid Documents. All work under this Contract shall be done to the satisfaction of the utilities Director, who shall, in all cases, determine the amount, quality, fitness and acceptability of the several kinds of work and materials which may arise as to the fulfillment of the C-2 ,�, �'s /-33 Contract on the part of the Contractor; and his decision thereon shall be finaland and conclusive; and such determination a decision , in case any questions shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. Execution of this Contract shall include the Contractor depositing with the Owner a Performance Bond providing for the satisfactory completion of the work and a Payment Bond providing for payment of all persons performing labor in connection with this Contract. Each of these bonds shall be one hundred percent (100%) of the Contract amount. A Maintenance Bond in the amount of twenty five percent (2516) of the Contract price shall be required upon completion of construction guaranteeing the repair of all damages due to improper materials or workmanship. 0 Any clause or section of this Contract or Specification which r -I L for any reason, be declared invalid, may be eliminated therefrom; and the intent of this Contract and the remaining portion thereof will remain in full force and effect as completely as though such invalid clause or section has not been incorporated therein. ARTICLE 4. Cgntract Brice: The Owner shall pay the Contractor as just compensation for the performance of this agreement, subject to any additions or deductions as provided in the Contract and Bid Documents, the following prices: C-3 /�, 95-i 33 • • • Item Estimated No • Ouant_itx 1 Lump Sum 2 Lump Sum 3 Contingent 4 Lump Sum BID SCHEDULE CITY OF TAMAR.AC PROJECT NO.95-07 BID NO.95-04 Lift station for the lump sum price of w Thousand Two Hundred No Cgats Permitting Allowance For the lump sum price of Q11e Thousand Dollars and No Cents Specified Testing lump sum price of One Thousgad Dollars and No Cents Consideration for Indemnification for the lump sum price of One Dollars and NQ Cents C-4 11 /e- q5--133 Notice To Contractor Contractor agrees that any unit price listed is to be multiplied by the approximate quantity requirements in order to arrive at the total. In the event of latent multiplication or addition errors, the Contractor recognizes that these are clerical errors and may be corrected by the Owner. For each payment item, Contractor agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the Project Drawings. GRAND TOTAL BID FOR ALL WORK $ 124,291.00 (Figures) GRAND TOTAL BID (Written) • C -5 /�, 95-i33 0 ARTICLE 5. Progress payments: On, not later than, the tenth day of every month, except as provided for in the Supplemental General Conditions, the Contractor shall prepare and submit on a form approved by the Utilities Director, a detailed estimate and invoice to the Utilities Director covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Owner and/or Utilities Director. Material invoices shall be submitted with each Progress Payment Request when payment for materials furnished but not installed is requested. Payment for materials furnished but not installed will only be made subject to applicable retainage and when said materials are stored on site in satisfactory condition or when said materials are stored in a bonded warehouse. A Progress Payment Affidavit shall be submitted by the Contractor to the Director with every monthly progress payment request indicating that all lienors under the Contractor's direct contract have been paid in full. On or about the twentieth day after receipt of invoice, the Owner will pay to the Contractor the value based on the Contractor's estimate and invoice as approved by the Director, less the percentage retained in accordance with the Supplemental General Conditions, less the aggregate of previous payment. C-6 ,f, T 5-133 ARTICLE 6. Payment: When the work provided for under this Contract has been fully completed, in accordance with the terms thereof, a final invoice showing the amount of such work shall be prepared by the Contractor and filed with the Owner. The final invoice shall be accompanied by the required maintenance bond and by a certificate of acceptance issued by the Owner, and stating that the work has been fully completed to his satisfaction, in substantial compliance with the contract. From the final payment shall be retained all monies expended by the Owner, according to the terms of the Contract and thereunder chargeable to the Contractor, all monies payable to the Owner as liquidated damages, and all deductions provided by the Contract, Federal and State Laws, or governing regulations. 0 Within thirty (30) days after receipt of the Engineer's fina l • acceptance by the Owner, the Owner will make a bona fide effort to pay the Contractor in the full amount of the Engineer's final estimate. Payment of the invoice and acceptance of such payment by the Contractor shall release the Owner from all claims of liability to the Contractor in connection with this Contract. The Contractor shall upon acceptance of such payment execute and deliver to the Owner the Final Release of Lien in a form identical to page FRL-1 through FRL-4 of the aid Documents. C-7 /(, 95 /33 r� C� ARTICLE 7.The Contract Documents: The General Terms and Conditions, Supplemental General Conditions, Bid Documents, Bonds, Technical Specifications, Drawings and all Addenda together with this Agreement form the Contract. IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement, the day and year first above written. By: • Norman Abramowitz Mayor, City of Tamarac By: - \� �\ 7- Robert S. Noe City Manager ATTEST: Carol A. Evans, City Clerk APPROVED AS TO FORM //I � "_ MchelY S. Kraft, Cx y Attorney i President (CORPORATE SEAL) ATTEST: ADDRESS FOR GIVING NOTICES License No.: dQ ` 35_3 CITY OF TAMARAC, FLORIDA —Lift atatign No. 45 CITY PROJECT NO.95-07 UTILITIES DEPARTMENT C-8 /0- y 5 -J 33 0 PAYMENT BONDKNOW ALL MEN BY THESE PRESENTS: That we, as Principal and as Surety, are bound to the CITY OF TAMARAC, FLORIDA herein called Obligee, in the sum of One Huadred Twneatyw Ni.n-aty_ One, Dollars 5121,291,00 for the payment of which we bind ourselves, our personal representatives, successors and assigns, jointly and severally. WHEREAS, principal has entered into a contract with the CITY OF TAMARAC, FLORIDA, dated 199., for South_Florida Utilties. Inc. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION of this bond is that if Principal: 1. Performs the Contract with the City of Tamarac, Florida dated 192a for Lift Station No, 45 in the time and manner prescribed in the Contract, and 2. Promptly makes payments to all persons who are defined in Section 713.01, F.S., whose claims derive directly or indirectly from the prosecution of the work provided for in the Contract, then this bond shall be null and void and of no further force and effect; otherwise to remain in full force and effect. This bond is furnished pursuant to the statutory requirements PYB --1 /f - ?S-i33 for bond on public works projects being Florida Statute 255.05. Claimants are hereby notified that the Statute 255.05(2) specifically requires that notice be given to contractor within 45 days after beginning to furnish labor, materials or supplies for the prosecution of the work that claimant intends to look to the bond for protection. Further notice is hereby given to claimants that written notice of non-payment within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies must be delivered to the Contractor and to the Surety. Further notice is hereby given that no action for labor, materials or supplies may be instituted against the Contractor or the Surety on the bond after one year from the performance of the labor or completion of deliver of the materials or supplies. P Y PP Without modifying the foregoing, this bond shall be construed as requiring of the principal and surety no more and no less than is specified in F.S. 255.05. SIGNED AND SEALED ON 19 Principal By: (Seal) Surety AFFIX SEAL Attorney -In -Fact PYB-2 A",q5 i33 KNOW ALL MEN BY THESE PRESENTS: That outh Florida Utilities,_.. 11iii as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto the CITY OF TAMARAC, FLORIDA as Obligee, hereinafter called Owner, in the amount of Qne Hiandred Twenty Four Thousand Two HUndred Ninety One., Dollars ( $124,291.00 --) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 entered into a contract with Owner for construction of Lift Station No. 45 Tamarac Utilities West, Bid No. 95-04, Project No. 95-07, in accordance with drawings and specifications prepared by the Owner and by Hazen & Sawyer Environmental Engineers, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall 0 remain in full force and effect. PRB-1 The Surety hereby waives notices of any alteration or 1 0 extension of time made by the Owner. Whenever Contractor shall be, and declared by owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly; 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or, if the Owner selects, upon determination by the Owner and the Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by owner to Contractor under the Contract and PRB-2 le4'5-/33 I* any amendments thereto, less the amount properly paid by owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and Sealed this 10 (Witness) (witness) • PRB-3 day of (Principal) (Principal) (Title) (Title) (Seal) (Seal) 19 STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated 199, in connection with the following public work: • CONTRACT NO. does hereby acknowledge receipt of the full contract price $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and sub -contractors regardless of their tier. 0 FRL-1 R, �'5' /2,3 r� u IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this the day of , 199 Signed, Sealed and Delivered in the Presence of: (Corporate Secretary) By: (SEAL) (Contractor) (President) The foregoing instrument was acknowledged before me this day of 199_, by (officer or agent and title) of , a corporation) (name of corporation) (State or place of corporation) on behalf of the corporation. He/She is personally known to be or has projected identification) and (did/did not) (type of identification) tq My Commission Expires: (SEAL) Notary Public, State of Florida (Type or print name of Notary) Commission No. (Title or Rank/Serial No., if any) FRL-2 ►�i BEFz DAv.� 7 STATE OF FLORIDA COUNTY of BRO WARD The undersigned a , th as follows ; first heinq duly s avrZ, de_ osaszzd says an 1• That the C o� is z co,�-- o Wit.. ity �_zct4r in a ce,�z_ T a_�z� ccn c-, `"ac, Floridz z` Wi m�=blwc 2. rr%, V. a� �-afi,nt is cf the abc�e-named Contracts=esldent, sale FrcUria- C: Gartner) • � � a 4 the ' Pe,fo ed Wcrc ccntrac-ad speci,icaL 'and ccmpleted i-• accc� �o be performed has been �icns, zdda. dzZce wi�.h t- Work havi. *�da, chancy cedars he cars . .•s been L znd caa�,act �� and c:.mple�ed cn dacu::,eats, such . 4. i'rat all persons ma per ials o _L..ished 1 . in 4- co L c'�d work in ccn,7ect:.cn S-i t_ labor, S"1*0 i es or n'rac 7 have been a idi h such i mnra vament sat out contractors , naterialmYn and lrabo; ers . fu— 1' ncluldins 1 Payment b This Aff i davit is made for the nose a.. • , Y the contractcr from the Cit '• oQ4a�.nins inal Y Qf Tamarac. . s • That • the Affiznt Con tractor znd to has the aI:thorite to re exzcute this Affidavit an bPzQsent the nzlf of Contractor. . . �JRT�R, `�7-`ANT SAYETH I�t�UGHT. • Affiant FPL-3 The.;oregoing instru-rent was acknowledged before me this if , 199 b —of corporation, on behalf of the corporation. He/she is (personally know to me or produced identification and (did/did not) take an oath. (SEAL Not: �-� Public) Smote of Florida • Cow.�i ssion Na.. • My Co11-: ussiQ I Empires. , The =c= =. C nc inst; �eZt was aC%=,ow ledcad reiar a me this day cf by , cA. _ (afzoicar ar agent a::c title) �. car vCration f (name cf cc rcra,ion) (State cr place of ccrporaticn) on behai f c the. car-paration. 'E.e/She is (perscnzlly know;, to -me cr has produced identificatien) and (did/did not) take an oath. (type a identification) I Notary P -c' tic, State o` Florida My CQmMi ssion 7 Pires (Type of print name of Notary) (S ~•A L) Comissicn No. (Title or Rank/serial No., if any) 9 FRL-4 • • r i REQUEST FOR PROPOSAL CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, FLORIDA 33321-2401 BID NO. 95-04 LIFT STATION NO.45 SUBMITTED BY: Company Name Address: City: .�;� �, -- t: State: �~ i -vim Zip: -� Telephone: �' `~ -+ + - / , S FAX: Completion of Project: 1 Z0 calendar days after receipt of Notice To Proceed BONDING: A cash bid guaranty or approved bid bond of 5 % (percent) of RFP quote is required and shall be submitted with your Proposal. Additional bonding may be required in the Special Terms and Conditions of this invitation. The Bonding must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. NOTE: To be considered eligible for award, one (1) ORIGINAL COPY OF THIS BID PROPOSAL FORM must be submitted with the Bidders' proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. Return this Form to avoid removal of Bidder from the City of Tamaracs' vendor listing. 6610S 063. B CA: 04-19-95 P-1 CITY OF TAMARAC L.S. #45 r ' /3 5 PROPOSAL CERTIFICATION: The undersigned hereby confirms that: 1. He/she is a duly authorized agent of the Company submitting the proposal; ' 2. He/she has read the General Terms and Conditions, the Special Conditions and any Technical Specifications which were made available to the Proposer in conjunction with the RFP and fully understands and accepts these terms unless specific variations have been expressly listed on the Proposal Form; 3. The Proposer will accept any awards made to it as a result of the Invitation for a minimum of ninety (90) calendar days following the date and time of the bid opening. 1 BY: DATE: I _% MANUAL SIGNATURE'OF AGENT -Y 7 TYPED/PRINTED NAME OF AGENT 'P TITLE OF AGENT ` NOTE: Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non -responsive and ineligible for award. l l I 86105063.BCA:04-11-95 P-2 CITY OF TAMARAC L.S. #45 F. g5ho SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), STATUTEE, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid. Proposal or Contract No. r F� ,. 4�, to the City of Tamarac L I F 2. This sworn statement is submitted by1:',;` and (name of entity submitting sworn statement) (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: My name is 4I(�i� (please print name of individual signing) and my relationship to the entity named above is V r C7 rr?e,�: ) 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), FJod,da Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 86S063.BCA:0.3-30-95 P-3 CITY OF TAMARAC L.S. #45 I "convicted" understand that or "conviction" as defined in Paragraph 287.133 !!.:jlutes, means a finding of guilt or a conviction 1P of a public entity crime, with or without an JJludication of guilt, in any federal or state trial court of record relating to charges brought by aiJictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity ct a plea of guilt or nolo contendere. ' I „11,:ur5tand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutas, means: t A predecessor or successor of a person convicted of a public entity crime: or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 1. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida ,tas, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. The entity submitting this sworn statement or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. IThe entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) 86so63.ecA:03-30-95 P-4 CITY OF TAMARAC L.S. #45 r I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Y" (Signature) Date: STATE OF F— ''- (' +.. :? COUNTY OF � SS HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the county aforesaid to take acknowledgements, personally appeared to be known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me and under oath that ry, _ _ executed the same. WITNESS my hand and official,seal this day of �L/ 19`' NOTARY PUBLIC, State of Florida at Large 70 40 i� • .'w * 14u�\2..(Name of Notary Public: Print, Stamp or Type y •., #G N ; rjk A. as Commissioned) (7C) Personally know to me, or ' �ti-,�. •• ;�� ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or (;c) DID NOT take an oath. ' Note: Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non -responsive and ineligible for award. 10 e610so53.eca:04-13-95 P-5 CITY OF TAMARAC L.S. #45 �2-9�-ice 9 CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, FLORIDA 33321-2401 BID NO. 95-04 LIFT STATION NO. 45 TRENCH SAFETY ACT (90-96, LAWS OF FLORIDA) Bidder acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Fla.) effective October 1, 1990. The bidder further identifies the costs to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost B. .��..� C. D.---�-�—�- Total $ Failure to complete the above may result in the bid being declared non -responsive. 8610S061.BCA:03-30-95 P-6 CITY OF TAMARAC L.S.#45 R, q'6 - / 35 PROPOSAL ' CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, FLORIDA 33321-2401" BID NO.95-04 LIFT STATION NO. 45 To the City of Tamarac, Florida, as the party of the first part. Proposal made by 10 as party of the second part, whose business address is _ 11 = 7 1_ Al /. T State whether Bidder is an individual, a partnership or a corporation �'� e-iAA If a partnership or corporation, give names of all partners or officers i'I-- A "rf'- G -)) ,A G'' i (-'7 IWI 5 0 Accompanying this Proposal is a bid security for )o-r " 7 % //-" From: Name of Surety I1. The undersigned party of the second part, do hereby declare that we have carefully examined the Bid Documents relating to the above entitled project and have personally inspected the location of the work. i -- 66105061.9C&03-30-95 P-7 CITY OF TAMARAC L.S.#45 2. The undersigned do hereby offer and agree to furnish all materials to fully and faithfully construct, perform and execute all work in the above entitled matter in accordance with the Technical Specifications relating thereto, and to furnish all labor, tools, implements, machinery, forms, transportation, and materials necessary and proper for the said purpose at the prices named below for the various items of work. 3. The undersigned do hereby declare that the prices so stated cover all expenses of every kind incidental to the completion of said work and the Proposal therefor, including all claims that may arise through damages or other causes whatsoever. 4. The undersigned do hereby agree that we will execute a Contract therefor, containing all the terms, conditions, provisions, and covenants necessary to complete the work, according to the Drawings and Technical Specifications therefor, within ten (10) calendar days after the award of the Contract and notification of the acceptance of this proposal by the party of the first part, and if we fail to execute said Contract within said period of time, that the party of the first part shall have the power to rescind said award and also retain for the Owner the bid security accompanying his proposal which shall become forfeited as liquidated damages. 5. The successful Bidder, at the time of execution of the Contract, must deposit with the Owner a performance bond providing for the satisfactory completion of the work and a payment bond providing security for payment of all persons performing labor in connection with the Contract. Each bond shall be furnished in an amount equal to 100% of the amount of the Contract awarded. A maintenance bond in the amount of 25% of the final Contract price guaranteeing the repair of all damages due to improper materials or workmanship will also be required. The bond shall be written by a surety company that has a rating of at least Al according to the Best Key Rating Guide and that is licensed ' to do business in the State of Florida. The bonds shall be executed by an Attorney -in - Fact for the surety company with a certified copy of his/her Power -of -Attorney attached to the bonds. Each bond shall remain in effect for one (1) year beyond the date of final completion and acceptance of the entire work to repair any defective work done under the Contract, and to pay valid claims for payment of labor and/or materials submitted after completion of the Contract. Forms for these bonds, Final Release of Lien By Contractor and Affidavit On Behalf Of Contractor shall be provided by the City and completed at the time of execution of the Contract. 6. The price for the work shall be stated in both words and figures in the appropriate place In the proposed form. In the event that there is a discrepancy between the price written in words and the price written in figures, the former shall govern. 7. Bid securities will be returned promptly to unsuccessful bidders after the award of the Contract. 8610S061.BCA:03-30-95 P-8 CITY OF TAMARAC L.S.#45 8. The undersigned bidder acknowledges receipt of Addenda as listed below and agree 0 that we will be bound by all Addenda whether or not listed herein. �J Receipt Addendum No. is hereby acknowledged. Corporate Seal Date- �, Date Date Date Date Date Contractor: Title: Address: i -. I ! r k- Attest: License No. C - 4' ES 8610S061.BCA:03-30-95 P-9 CITY OF TAMARAC L.S.#45 PROPOSAL CITY OF TAMARAC 7525 N.W. 88TH AVENUE TAMARAC, FLORIDA 33321-2401 BID NO. 95-04 LIFT STATION NO. 45 UTILITIES DEPARTMENT PROJECT NO. 95-07 Notice To All Bidders Bidder agrees that any unit price listed is to be multiplied by the approximate quantity requirements in order to arrive at the total. In the event of a discrepancy between written figures and numbers, the former shall govern. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. For each payment item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 01025 of the Technical Specifications. Item Estimated No.Quantity-Description Total i 1 Lump Sum Lift Station for the lump sum price of f,�'• '�? Dollars and Cents 2 Lump Sum Permitting Allowance for the lump sum price of One Thousand ----- ---------------------- ---- _____ Dollars and No_TM__Cents $1&Q0.00 1 8610So61.eca03-30-95 P-10 CITY OF TAMARAC L.S.#45 3 Contingent Specified Testing Allowance for the lump sum price of One Thousand- --------------------- ---------- - ------------------------------ -- ----Dollars and No- --- ------------------------- --- Cents $1,000.00 4 Lump Sum Consideration for Indemnification for the lump sum price of n------------------------------- --------------------- ---------------------------------------------Dollars and No------------------ ---- ------ -----------------Cents $ 1.00 GRAND TOTAL BASE BID FOR ITEMS 1 THROUGH 4 $ 1 I I THE ENTIRE WORK SHALL BE COMPLETED WITHIN 120 CALENDAR DAYS FROM THE DATE OF "NOTICE TO PR(-U ED". i I86105061.6CA:03-30-95 P-11 CITY OF TAMARAC L.S.#45 THE AMERICAN INSTITUTE OF ARCHITECTS 0 10 AIA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert lull name and address or legal title of Contraclorl South Florida Utilities, Inc. as Principal, hereinafter called the Principal, and IHere insert lull name and address or legal n(Ie of Sureryl Star Insurance Company a corporation duly organized under the laws of the State of Michigan as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert lull %&me and address at legal title of Owner( City of Tamarac, Florida as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Not To Exceed----- TenThousand and 00/100-------------------------------- Dollars ($ 10,000.00 --- 4, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here Insert lull name, address and description of proiect) Lift Station #45 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligse the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5th day of May 19 95 r� South Florida Utilities, Inc. (Principal) (Seal) (Witness) rt.I/� (Tide) Star Insnrana Company �' ` (Sulety) -`�"•) i ' (Seal) / (Witness) Charles J. Nielson, Ole) Attorney-ir:-'Fact AIA DOCUMENT A314 • BID BOND • AIA A • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.V. AVE.. N.W., WASHINGTON, 0. C. 20M 1 • • C� STAR INSURANCE COMPANY GENERAL POWER OF ATTORNEY NO: (Void unless numbered in red.) KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint CHARLES J. NIELSON OF MIAMI LAKES, FLORIDA its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds. undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of one hundred thousand ($100,000.00) dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President. an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of them is. authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute in behalf of the Company bonds. undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be. and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company, FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached," IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7th day of February, 1994. Attest; Robert S. Cubbin. Senior Vice President STATE OF MICHIGAN ss COUNTY OF OAKLAND STAR INSURANCE COMP •N C ��- 4osrooml, : arc S. WJfln , Senior Vice President SEAL NI On this 7th day of February, 1994, before me personally came Marc S. Willner, to me known, who being by me duly sworn, did depose and say that he is a Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. w Colleen Keltz rar�+r NOTARY PUBLIC �uyuo My Commission Expires: .� COLLEEN KELTZ '• Notoy Puwlc, Wayne County, AmO♦ M, CERTIFICATE *CCI"nni1ubnE9VMS4pf.2(i 19% i dit In Oakland County, Ai11 I, the undersigned, of STAR INSURANCE COMPANY, a Michigan corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is uow in force, Signed and sealed at the city of Southfield in the State of Michigan. Dated the 5 th day of May 19 95 ,/ Mary Jo- Renaud, Assistant Secretary 6032-Feb. 94 Page 1 of 1 Iprogs%vty%agmntMgpotal "EXHIBIT 2" r "75-133 .47 r- n tr7 NORTH GRAVITY SEWER (FUTURE) RD1 PROPOSED HIATUS I I n I I M iI N 3> �D C I n .�. b II © (4 II d II II 90 II II r � II II I till I I till "o wr I till d ( till I I a i till 3 till � 11111 till I a 0 1111 I till till I I c n lilt I ' m n lilt I �' lilt I ao o d I till I I v till till ![iiliil! I! I Mom O. HILL .D