HomeMy WebLinkAboutCity of Tamarac Resolution R-95-240Temp. Reso. # 7207
CITY OF TAMARAC
RESOLUTION NO. R-95iqtjp
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE "CURED -IN -PLACE PIPE LINING REPAIRS"
CONTRACT PACKAGE "A" WITH INSITUFORM
SOUTHEAST, INC. FOR WASTEWATER SYSTEM
REHABILITATION UTILIZING THE CITY OF HOLLYWOOD
WASTEWATER COLLECTION SYSTEM SEWER
REHABILITATION BID PACKAGE "A" AT A COST OF
$63,236.25; AUTHORIZING FUNDING FROM THE UTILITIES
WEST CAPITAL IMPROVEMENT (GRANT) FUND;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Broward County Office of Environmental Services has conducted an
Inflow & Infiltration (I&I) Study identifying Tamarac as having an excessive amount of
1&I conveyed to Broward County Treatment Facility; and
WHEREAS, on May 10, 1995, Tamarac City Commission authorized Hazen and
Sawyer, P.C. to perform field evaluation and technical assistance for the City's
wastewater system in the Woodlands service area; and
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Temp. Reso. # 7207
WHEREAS, the Utilities Wastewater Division and Hazen and Sawyer, P.C. have
located and evaluated I&I sources in the Woodlands area (attached hereto in map form
as "Exhibit 1 ") which required sanitary sewer rehabilitation; and
WHEREAS, the City Commission of the City of Tamarac has approved Capital
Funding for an Inflow and Infiltration Program for FY 95 and FY 96 under Account Nos.
425-888-535-67A and 441-888-535-67A, entitled "Inflow and Infiltration Program," as
recommended by the Utilities Department; and
WHEREAS, the Utilities Department has conducted an I&I Study and has
assessed the financial impact on the Tamarac Utility West Wastewater System as being
approximately $500,000.00 annually; and
WHEREAS, recognizing that other South Florida Utilities have prepared bid
specifications and awarded contracts for Wastewater Collection System Sewer
Rehabilitation, the Utilities Director chose to utilize contract prices from other South
Florida Utilities as provided under City Code Section 6-154; and
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Temp. Reso. # 7207
WHEREAS, Insituform Southeast, Inc. has offered to extend the unit prices
under a Contract with the City of Hollywood to the City of Tamarac for rehabilitation of
sewers with Cured -in -Place Pipe Lining; and
WHEREAS, it is the recommendation of the Utilities Director that the "Cured -in -
Place Pipe Lining Repairs" be initiated utilizing Insituform Southeast, Inc. under the City
of Hollywood Sewer Rehabilitation Bid Package "A"; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the
best interest of the citizens and residents of the City of Tamarac to accept and execute
a contract with Insituform Southeast, Inc. under the City of Hollywood Bid Package "A"
at a cost of $63,236.25.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION L The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
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Temp. Reso. # 7207
SECTION 2: The appropriate City Officials are hereby authorized to
accept and execute the Wastewater System Rehabilitation Cured -in -Place Pipe Lining
Repairs, Contract Package "A" (attached hereto as "Exhibit 2") with Insituform
Southeast, Inc. under the provisions of the City of Hollywood Bid Package "A" providing
for repairs to the Woodlands Sanitary Sewer System at a cost of $63,236.25.
SECTION 3: That 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.
5-MIT ION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SE 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 portion or
application of the Resolution.
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Temp. Reso. # 7207
M0111901 ".
adoption.
1995.
This Resolution shall become effective immediately upon
PASSED, ADOPTED AND APPROVED this day of dc+,)ber
ATTEST:
CAROL A. EVANS, CMc
CITY CLERK
I HEREBY CERTIFY that I have
awa,Med this Resolution as to
MITCHELA S. FRAF
CITY APFTORNEY
Utilitiesmw
RECORD OF COMA
MAYOR
ABRAMOWITZ
DIST, 1:
V / M KATZ
DIST. 2:
COMM. MISHKIN
PiST. 3:
COMM. SCHREIBER
BAST. 4:
COMM. MACHEK
5
U-01L
CURED -IN -PLACE PIPE LINING REPAIRS
CONTRACT"Aly
CITY OF TAMARAC, FLORIDA
WOODLANDS AREA
WASTEWATER COLLECTION SYSTEM
SEWER REHABILITATION
UTILITIES DEPARTMENT
PROJECT NO. 95 - 01/A
THIS CONTRACT, made and entered into this --/day ofVnq_�'
in the year Nineteen Hundred Ninety Five (1995) by and between Insituform Southeast.
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. Scope of Work: The Contractor shall furnish all of the labor,
materials, tools, equipment, and everything necessary to perform; and shall perform, in
accordance with the provisions of the City of Hollywood Wastewater Collection System
Sewer Rehabilitation Bid Package "A" (dated September, 1993) Documents and the terms
of this Contract, the Project known and identified as "Cured -in -PI -age
Pipeg Repairs,
95-01 1 "A" Insituform Southeast C - 1
Con501a0
951003
1
Project No. 95-01/A" 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 Completion: 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 ninety (90) calendar days. The rate of progress and
the time of completion being essential conditions of this Agreement.
Deduction for Not Completing i : 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
two hundred fifty dollars ($250.00) 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
95-01 / "A" Insituform Southeast C - 2 Con501ao 951003
/C C/ .Sr
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
or his Assignee, 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 Contract on the part of the Contractor; and his decision thereon shall be final and
conclusive; and such determination and 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 (25%) of the Contract
price shall be required upon completion of construction guaranteeing the repair of all
damages due to improper materials or workmanship for a period of one year after the final
acceptance of work.
INSURANCE REQUIREMENTS: Contractor agrees that it will, in the performance
of work and services under this agreement, comply with all Federal, State and local laws
and regulations now in effect, or hereinafter enacted during the term of this Agreement that
are applicable to Contractor, its employees, agents or subcontractors, if any with respect
to the work and services described herein.
.
Contractor shall
maintain in full force and
effect during the life of the contract,
95-01 / "A" Insituform Southeast
C - 3
Con501a0 951003
Workers' Compensation insurance covering all employees in performance of work under
•
the contract. Contractor shall make this same requirement of any of its subcontractors.
Contractor shall indemnify and save the City harmless from any damage resulting
to them for failure to either Contractor or any subcontractor to take out or maintain such
insurance.
The following are required types and minimum limits of insurance coverage which
the Contractor agrees to maintain during the term of this contract:
COMPREHENSIVE GENERAL PER OCCURRENCE
LIABILITY
Comprehensive $ 1,000,000
Premises -Operations
Contractual Liability
Personal Injury
Explosion and Collapse
Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Independent Contractors
Cross Liability and Severability
of Interest Clause
AUTOMOBILE LIABILITY PER OCCURRENCE
Comprehensive $ 1,000,000
Owned
Hired
Non -Owned
WORKERS' COMPENSATION STATUTORY
Neither Contractor nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have supplied owner
95-01 / "A" Insituform Southeast C - 4 Con501a0 951003
1Sc�2`%U
with evidence of such coverage in the form of a Certificate of Insurance that provides for
a 30 day advance written notice of cancellation.
INDEMNIFICATION REQUIREMENTS: Contractor shall indemnify, hold the CITY,
its officers, employees and agents harmless and defend the CITY, its officers, employees
and agents from any and all claims, causes of action, damages, liability and expenses
including attorney 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 Cured-in-Place„Pipe Lining _Eepairs Contract
"A", Project No. -01/ , in the.City of Tamarac.
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.
CONTRACTOR shall provide the CITY with the requisite document evidencing that
the signatory for the CONTRACTOR has the authority to enter into this Agreement.
This Agreement shall not be assigned without receiving City Commission approval.
Venue shall be in Broward County, Florida.
Any clause or section of this Contract or Specification which 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. CQntract Pripe: 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:
95-01 / "A" Insituform Southeast C - 5 Con501 a0 951013
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CURED -IN -PLACE PIPE LINING REPAIRS
CONTRACT "A"
CITY OF TAMARAC, FLORIDA, WOODLANDS AREA
WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION
UTILITIES DEPARTMENT PROJECT NO. 95 - 01/A
SCHEDULE OF VALUES FOR WORK TASKS
TASK
ITEM
DESCRIPTION OF TASK (BID) ITEM
QUAN
UNIT
UNIT
PRICE
TOTAL
Al
CURED -IN -PLACE PIPE LINING
A1.1
8" DIAMETER (0 TO 5 FT DEEP)
222
LF
$ 45
$ 9,990.00
A1.2
8" DIAMETER (5 TO 8 FT DEEP)
477
LF
$ 45
$ 21,465.00
A1.3
8" DIAMETER (8 TO 12 FT DEEP)
548
LF
$ 45
$ 24,660.00
A1.5
10" DIAMETER (5 TO 8 FT DEEP)
0
LF
$ 47
$ 0.00
A1.6
10" DIAMETER (8 TO 12 FT DEEP)
0
LF
$ 47
$ 0.00
A1.9
12" DIAMETER (5 TO 8 FT DEEP)
0
LF
$ 52
$ 0.00
A1.12
15" DIAMETER (0 TO 8 FT DEEP)
0
LF
$ 61
$ 0.00
A1.13
15" DIAMETER (8 TO 12 FT DEEP)
0
LF
$ 63
$ 0.00
A1.18
REINSTATEMENT OF SERVICE LATERALS
19
EA
$ 100
$ 1,900.00
A1.19
C-I-P SERVICE LAT. RECONSTRUCTION
0
EA
$ 2,500
$ 0.00
A2
BYPASS PUMPING OF SEWERS
A2.1
BYPASS 8" SEWERS
EA
$ 500
$ 0.00
A2.2
BYPASS 10 TO 12" SEWERS
EA
$ 700
$ 0.00
A2.3
BYPASS 15 TO 18" SEWERS
EA
$1,000
$ 0.00
A3
POINT REPAIRS
A3.2
POINT REPAIRS 5 TO 8 FT DEEP
1
EA
$ 2,000
$ 2,000.00
A4
SURFACE RESTORATION
A4.1
ASPHALT ROADWAY REPLACEMENT
20
SY
$10.00
$ 200.00
A5
MANHOLE REHABILITATION
A5.3
PREFABRICATED FIBERGLASS LINER
0
LS
$ 420
$ 0.00
A6
ROOT REMOVAL IN SEWER LINES
A6.1
8" TO 12" DIAMETER
LF
$ 2.00
$ 0.00
A7
WARRANTY TV SURVEY
LF
$ 2.25
$ 0.00
A8
INDEMNIFICATION
A8.1
INDEMNIFICATION
1
LS
$ 10.00
$ 10.00
TOTAL WORK TASK $ 60,225.00
5% CONTINGENCY $ 3,011.25
TOTAL CONTRACT 63 23fi.25
NOTE: Quantities reflected in this schedule of * AS APPROVED BY OWNER
values are approximate and may vary
depending on actual field conditions.
95-01 / "A" Insituform Southeast C - 6 Con501a0 951003
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 SCHEDULE OF VALUES FOR ALL WORK TASKS $ 63,236.25
(Figures)
GRAND TOTAL SCHEDULE OF VALUES FOR ALL WORK TASKS SixtvThree
Thousand Two Hundred Thi 5iix Dollars and 25 Cents (Written)
THE ENIBE WORK SHALL BE -COMPLETED WITHIN 90 CALENDAR DAYS FROM THE
DATE OF "NOTICE TO PR D."
ARTICLE 5. Pro r ments: 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.
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.
95-01 / "A" Insituform Southeast C - 7 Con501 a0 951003
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, less the aggregate of previous payment.
Progress Retention: The percentage of estimated value to be retained shall
conform to the following schedule:
1. Retention for up to 10% of payments claimed.
2. When the project is substantially complete (operational or beneficial
occupancy), the retained amount shall be reduced to 5% to assure completion of the
Contract work.
The above retainages only apply when the Contractor's performance in the
judgement of the Utilities Director or the Engineer, is considered satisfactory. When
. specific circumstances necessitate, a retainage of 10% will be applied at any time during
the construction period regardless of the stage of completion of construction. No progress
estimate need be made when, in the judgement of the Engineer, the total value of work
done since the last estimate amounts to less than five thousand dollars ($5,000) as set
forth under Progress Payments in the Contract.
Included with the Contractor's progress estimate requests shall be a complete
breakdown of the project components, the quantities completed and the amount due, in
accordance with the Schedule of Values requirements of the Contract, together with such
supporting evidence as may be required by the Engineer. Contractor shall submit with
each progress estimated, an updated construction schedule acceptable to Engineer and
a release of liens relative to the work which is the subject of the application.
95-01 / "A" Insituform Southeast C - 8 Con501 a0 951003
(� _ c) C .2c/6}
0 ARTICLE 6. Agoplance and Final 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.
Within thirty (30) days after receipt of the Engineer's final 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 attached to this Contract.
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.
0
95-01 / "A" Insituform Southeast C - 9 Con501a0 951003
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IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement,
the day and year first above written.
OWNER: CITY OF AMARAC FL RIDA
By:
Norman Abramowitz
Mayor, City of Tamarac
In
Robert S. Noe,
City Manager
ATTEST:
Carol A. Evans, C'�C
City Clerk
APPRO AS TO F RM: ADDRESS FOR GIVING NOTICES:
P.O. Box 41629
Mitchell S Kr ft, Jacksonville, Florida 32203
City Attorney
License No.: fa ///5z
CURED -IN -PLACE PIPE LINING REPAIRS
CONTRACTOR: INMUFORM
SOUTHEAST, INC.
By:
e W. A derhold
ice President
ATTEST:
.As
W.E. Murphy IV
Vice President and Controller
(CORPORATE SEAL)
95-01 / "A" Insituform Southeast
CONTRACT "A"
CITY OF TAMARAC, FLORIDA
WOODLANDS AREA
WASTEWATER COLLECTION SYSTEM
SEWER REHABILITATION
UTILITIES DEPARTMENT
PROJECT NO. 95 - 01/A
C-10
Con501a0 951003
�s 2 VC
Bond #BNS1481088
4-I�7t►I�
KNOW ALL MEN BY THESE PRESENTS: That , nitt ll`. as Principal, hereinafter called
Contractor, and Firemen's Insurance Company of Newark, New Jersey
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 „SIM Throe Thousand I= Hundred Thirty Slx Dollars
($63.236.251 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 1995, entered into a
r• 1 � � • • • • �:�• 1 � !r 1 1 ! ii • '.• R• .• tl!!' 't i�■L'JI�iAt•7�F1a
Q & in accordance with tasks and specifications prepared by the Owner and by Hazen and Sa er—P_C-,
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
remain in full force and effect.
0
The Surety hereby waives notices of any alteration or 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
9M1 ! •A' Insituforrn Southeast PRB-1 Bond501a0 951002
1�1
mean the total amount payable by owner to Contractor under the Contract and any amendments thereto, less
the amount property 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 ON this I b+- day of /y eve mIa._✓_ , 1995.
AFFIX SEAL
.�1
ii�.Mr
AFFIX SEAL
(Witness)
• 95-01 Inaitutoun Southeast
0
Insft&&nnjoldheast. Inc.
Principal
Vice "President
(Type Name/Trtle)
Firemen's Insurance Company of Newark,
Surety - New Jersey
(Seal)
Kathleen A. Petchulat
(Type Name) Adomey-in-Fact
ILI
Fitzhugh K. Powell
(Type Name) Resident Agent
PRS-2 8ond50100 951002
r_c,�_-..;z�L
Bond #BNS1481088
PAYMENT_BQND
KNOW ALL MEN BY THESE PRESENTS: That We, InsityLQrm_$as Principal and
Firemen's Insurance Company of Newark, New Jersey as Surety, are bound to the CITY OF
TAMARAC. FLORIDA herein called Obligee, in the sum of SiMy Three_Thousand IfQ -Hundred Thies Six
Mars and 2U!tvt� (Ss3.2N,25) 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
SO 11th'y) 6e-*— „ I , 1995, for the QuMd.jnPI&r,912IR2 Lining RgpAirs_Contract ,'!A"project
Ng, 95-01/A 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:
Performs the Contract with the City of Tamarac, Florida dated /uQV
1995 for the ini 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 worts 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 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 fumish 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 delivery of the
materials or supplies.
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.
0 85-01 J'A' InertuMrm Southeast
eond501a0 961002
Vc)
SIGNED AND SEALED ON this � —=— day of N �'1%�a'►'1� .1995.
•
(Witness)
AFFIX SEAL
�/1, - _ 1 .
AFFIX SEAL
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0 rm Southey 9�01 / "A' InshuPo al
PYB-2
By:
1IIaft04[M.§t Aheast. Inc.
principal
($eal)
(Type Name/Title)
Firemen's Insurance Company of Newark,
Surety
New Jersey
(Seal)
Kathleen A. Fetchulat
(Type Name) Attomey-in-Fact
By:
)
Fit gh K. Powell
( ype Name) Resident Agent
Bond5010 951002
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Firemen's Insurance Company of Newark, New jersey
GENERAL POWER OF ATTORNEY
Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW IERSEY
Os made Constituted and appointed. and by these presents does make, constitute and appoint
Kathleen A. Petchulat of St. Louis, Missouri
its true and lawful attomey, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be given to Ail obl inees
provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of
Thirty Five Million (35,000,000) 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 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 1 ]th
day of January, 19139:
"RESOLVED. that the Chairman *(the Board. the Vice Chairman of the Board. the President, an Executive Vice President Ora Senior Vice President or a Vice Prnidenl of the
Company, be. and That each or anyal them hereby is. authorized io execute Power of Altomey qualifying the anomey named sn the $oven Poweroi Attorney to execute in behalf of the
rlRLMEN'S INSURANCE COMPANY OF NEWARK. NEW IERSEY, bonds. undenakings and all conlrach of suretyship: and that an Assistant Vice President. a secretary or anAssisunl
secretary be. and that each ar any of them hereby is, auiltonred to attest the execution of any such Power of Attorney, and to attach thereto the seal at the Company.
"FURTHER RESOLVED, that the sigrulures of such officers and the seal *(the Comparry may be aMnxed to any such Power of Attorney at to any certificate relating thereto by
facsimile, and anysuchPowerofAnons"orerni icalebeanssuchfacsimilesipulwesalacsnmdefoalshallbevalidandbindingupontheCwnparrywhensoadnxedandMtheiuwre
with respect to any bond. undertaking or contract o(wrelystwp to which it is attached:"
In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY has caused its paFiicial $eal I r b� lhereunta affixtc�S
and these presents to be signed by one of its Vice Presidents and anested by one of its Assistant Secretaries this day of ,19
FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
David Bales. Assnlaru Snrylary
STATE OF CONNECTICUT
COUNTY OF HARTFORD fir
By
Matthew Kbmcaak. Vice Presdert
On this S day of Wit ,19 9Pbefore me personally came Matthew Klimczak. tome knorivn, who being by me duly swom, did
depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY, 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.
o srr*
NpTAAy
`nA1FC�'" GLORIA D. SEEKINS
NOTARY PUBLIStinuitry 31, 199a
CERTIFICATE My Conwitaiuon Expires
I, the undersigned, an Assistant Secretary' of the FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY, a New Jersey
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 Pqwer of Attorney, is now in force.
• Signed and sealed at the town of Farmington. the State of Connecticut. Dated the day of t . .19
SURETY S1131 11.951
't r �f, W. W. Cowling, Assistant Sectelary
f. ..s% Printed in U.S.,k.
z le
0 FINAL RELEASE OF LIEN BY CONTRACTOR
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:
Cured -in -Place Pipe Lining Rgoirs Contract "
City of Tamarac, Florida. Woodlands Area
Wastewater Collection System Sewer Rehabilitation
j #.ilitips Department Proipct No, _95-Q1/A
does hereby acknowledge receipt of the full contract price of $ ,
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
subcontractors regardless of their tier.
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 11995.
Signed, Sealed and Delivered
in the Presence of:
FMA
(Corporate Secretary)
(Type Name)
(SEAL)
FMA
Insituform Southeast, Inc.
(Contractor)
(President)
(Type Name)
95-01 / "A" Insitutorm Southeast FRL-1 Bond501a0 951002
�Z - 9) -'-2 Yo
•
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me that executed the same.
WITNESS my hand and official seal this day of
( ) Personally known to me, or
( j Produced Identification
199_
NOTARY PUBLIC, State of Florida at Large
(Name of Notary Public: Print, Stamp or
Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
95-01 / "A" Insituform Southeast
FRL-2
Bond501a0 951002
•
C�
C�
AFFIDAVIT ON BEHALF OF CONTRACTOR
STATE OF FLORIDA
COUNTY OF BROWARD
The undersigned, first being duly sworn, deposes and says on oath as follows:
(1) That Insituform Southeast, Inc. is a contractor in a certain contract with the
City of Tamarac, Florida, dated
following public work:
1995 in connection with the
Cured -in -Place Pipe Lining Repairs Contract "A"
City of T
marac. Flori-dg. Woodignd§ Area
W t w er Collection System Sewer Rehabilitation
Utilities Department Project No. 95-01/A
(2) That Affiant is
(President, Sole Proprietor or Partner)
of the above -named Contractor.
(3) That the work contracted to be performed has been performed and completed in
accordance with the plans and specifications, addenda, change orders and contract
documents, such work having been completed on , 199_.
(4) That all persons who furnished labor, supplies or materials or did work in
connection with such improvement set out in the contract have been paid in full, including all
subcontractors, materialmen and laborers.
(5) This Affidavit is made for the purpose of obtaining final payment by the
contractor from the City of Tamarac.
(6) That the Affiant has the authority to represent the Contractor and to execute this
Affidavit on behalf of Contractor.
FURTHER, AFFIANT SAYETH NAUGHT.
95-01 / "A" Insituform Southeast
FRL-3
Affiant
Bond501a0 951002
2vo
18 I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to me known to be the person(s)
0
•
described in and who executed the foregoing instrument and acknowledged
before me that executed the same.
WITNESS my hand and official seal this day of
( ) Personally known to me, or
( ) Produced Identification
199_.
NOTARY PUBLIC, State of Florida at Large
(Name of Notary Public: Print, Stamp or
Type as Commissioned)
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
95-01 / "A" Insituform Southeast
FRL-4
Bond501a0 951002