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HomeMy WebLinkAboutCity of Tamarac Resolution R-95-241Ll Temp. Reso. # 7210 CITY OF TAMARAC RESOLUTION NO. R-95 Aq ( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE THE "FOLD -AND -FORMED PIPE LINING REPAIRS" CONTRACT PACKAGE "B" WITH MADSEN/BARR CORPORATION FOR SANITARY SEWER SYSTEM REHABILITATION UTILIZING THE CITY OF HOLLYWOOD WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION BID PACKAGE "B" AT A COST OF $365,977.50; 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 I&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 1 1 Temp. Reso. # 7210 WHEREAS, the Utilities Wastewater Division and Hazen and Sawyer, P.C. have located and evaluated ICI 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 2 Temp. Reso. # 7210 WHEREAS, Madsen/Barr Corporation 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 Fold -and -Formed Pipe Lining; and WHEREAS, it is the recommendation of the Utilities Director that the "Fold -and - Formed Pipe Lining Repairs" be initiated utilizing Madsen/Barr Corporation under the City of Hollywood Sewer Rehabilitation Bid Package "B"; 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 Madsen/Barr Corporation under the City of Hollywood Bid Package "B" at a cost of $365,977.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. E 3 1 n Temp. Reso. # 7210 SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the Wastewater System Rehabilitation Fold -and -Formed Pipe Lining Repairs, Contract Package "B" (attached hereto as "Exhibit 2") with Madsen/Barr Corporation under the provisions of the City of Hollywood Bid Package "B" providing for repairs to the Woodlands Sanitary Sewer System at a cost of $365,977.50. 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. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 4 'd 1 1 Temp. Reso. # 7210 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 portion or application of the Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of Oc+obe , 1995. r M• ABRAMOWITZ MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have RECORD OF C( approved this Resolution as to MAYOR ABRAMOWITZ fol. DIST. 1: V / M KATZ [MST. 2: Y:"IST. 3: COMM. MISHKIN COMM. SCHREIE ' D'W DIST. 4: COMM. MACHEK W HELL S. ftFfr CITY ATTORNEY Utilities:mw 5 VOTE FOLD- ND -FORMED -PIPE LINING REPAIR CONTRACT "B" CITY OF TAMARAC, FLORIDA WOODLANDS AREA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 95 - 01/13 THIS CONTRACT, made and entered into this ��day of 1JG/'YJG , in the year Nineteen Hundred Ninety Five (1995) by and between -Madsen/Barr Corporation 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. cope 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 "B" (dated August, 1993) Documents and the terms of this Contract, the Project known and identified as "Fold -and -Formed Pipe Lining Repairs, 95-01 / "B" Madsen/Barr C - 1 Con501b0 951003 Project No. 95_ 01/13" and shall do everything required by this Agreement, the Proposal, the General Terms and Conditions, the Supplemental General Conditions and Specifications. ARTICLE 2. Tim f om I ti 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 eighty (180) calendar days. The rate of progress and the time of completion being essential conditions of this Agreement. Deduction for Not Completing 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 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 / "B" Madsen/Barr C - 2 Con501 b0 951003 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 1 "B" Madsen/Barr C - 3 Con501 b0 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 / "B" Madsen/Barr C - 4 Con501 b0 951003 with evidence of such coverage in the form of a Certificate of Insurance that provides for Ma 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 Fold- nd-F r ed Pipe Lining Re Contract "B", Project No. - 1 B, 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. Qgntraqt Prio: 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 / "B" Madsen/Barr C - 5 con501b0 951013 • C� FOLD-AND-FQRMED PIPE LIMGREPAIRtj CQNTRACT " " CITY OF TAMARAC, FLORIDA WOODLANDS AREA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 95 - 01/B SCHEDULE OF VALUES FOR WORK TASK TASK DESCRIPTION OF TASK (BID) ITEM QUAN UNIT UNIT TOTAL ITEM PRICE B1 FOLD -AND -FORMED PIPE LINING B1.1 8" DIAMETER (0 TO 5 FT DEEP) 2,634 LF $ 34 $ 89,556.00 B1.2 8" DIAMETER (5 TO 8 FT DEEP) 4,146 LF $ 36 $ 149,256.00 B1.3 8" DIAMETER (8 TO 12 FT DEEP) 932 LF $ 39 $ 36,348.00 B1.5 10" DIAMETER (5 TO 8 FT DEEP) 0 LF $ 42 $ 0.00 B1.6 10" DIAMETER (8 TO 12 FT DEEP) 0 LF $ 45 $ 0.00 81.7 10" DIAMETER (12 TO 16 FT DEEP) 0 LF $ 47 $ 0.00 B1.15 REINSTATEMENT OF SERVICE LATERALS 76 EA $ 180 $ 13,680.00 B2 BYPASS PUMPING OF SEWERS B2.1 BYPASS 8" SEWERS EA $ 800 $ 0.00 B2.2 BYPASS 10 TO 12" SEWERS EA $ 1,100 $ 0.00 83 POINT REPAIRS 83.1 POINT REPAIRS to 5 FT DEEP 4 EA $ 2,700 $ 10,800.00 133.2 POINT REPAIRS 5 TO 8 FT DEEP 11 EA $ 3,400 $ 37,400.00 83.3 POINT REPAIRS 8 TO 12 FT DEEP 1 EA $ 6,700 $ 6,700.00 B4 SURFACE RESTORATION B4.1 ASPHALT ROADWAY REPLACEMENT 240 SY $ 20.00 $ 4,800.00 B4.3 CONCRETE SIDEWALK REPLACEMENT 0 SY $ 27.00 $ 0.00 B7 ROOT REMOVAL IN SEWER LINES B7.1 8" TO 12" DIAMETER LF $ 3.50 $ 0.00 B8 WARRANTY TV SURVEY LF $ 2.25 $ 0.00 B9 INDEMNIFICATION B9.1 INDEMNIFICATION 1 LS $ 10.00 $ 10.00 1 TOTAL WORK TASK $ 348,660.00 5% CONTINGENCY $ 17,427.50 TOTAL CONTRACT 365 977.50 NOTE: Quantities reflected in this schedule of " AS APPROVED BY OWNER values are approximate and may vary depending on actual field conditions. 95-01 / "B" Madsen/Barr C - 6 Con501 b0 951013 Notice To.Conractor 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 $ 365,977.50 (Figures) ' GRAND TOTAL SCHEDULE OF VALUES FOR ALL WORK TASKS Three Hundred Sixty Five Thousand Nine Hundred Sevenly Seven Dollars and 50 Cents (Written) TH ENTIRE WORKSHALL BE COMPLETED WITHIN 180 CALENDAR DAYt5,FROM THE DATE OF "N ICE TO PROCEED." 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. 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 / "B" Madsen/Barr C - % Can501b0 951003 Z_ (�,S--,;2 c/-/ 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. Pr ress 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 / "B" Madsen/Barr C - 8 C=501 W 951003 ARTICLE 6. Acce tance nd Final Payment: When the work provided for under 9 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 Qonjrgct 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. 95-01 / "B" Madsen/Barr C - 9 Con501 b0 951003 i IN WITNESSETH WHEREOF, the Parties hereto have executed this Agreement, the day and year first above written. OWNER: CITY OF T MARAC FL RIDA By:MAW- Norman Abramowitz Mayor, City of Tamarac Y Robert S. Noe, City Manager CONTRACTOR: MADSEN / BARR CORPQRATION By: L `n Robert H. Madsen Vice- President ATTEST o n Barr Secretary ATTEST: (CORPORATE SEAL) Carol A. Evans, C M G City Clerk 95-01 / "B" Madsen/Barr ADDRESS FOR GIVING NOTICES: 1117 N.W. 55 Street Fort Lauderdale, Florida 33309 License No.: MWARD 0151011 rI.ORdi7A___CU FBI D-,AND-FORMED PIPE -LINING REPAIRS _.._ u.. C NTRAC "B" CITY OF TAMARAC, FLORIDA WOODLANDS AREA WASTEWATER COLLECTION SYSTEM SEWER REHABILITATION UTILITIES DEPARTMENT PROJECT NO. 95 - 01/13 C-10 Con501b0 951003 e - 5�-,2 ( Bond No. NSU 2512 443 • PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That -Madsen/Barr C r oration as Principal, hereinafter called Contractor, and Reliance Insurance Company 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 Three Hundred Sixty, Five Thousand Nine Hundred a -evenly Seven Dollars and 50 Cents ( 365 977.50) 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 199 ,entered into a contract with Owner for construction of Fold -and -Formed Pipe Lining Repairs Contract "B" roject No. -01/13 , in accordance with tasks and specifications prepared by the Owner and by -Hazenand Sawyer, 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. 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 95-01 / "B" Madsen/Barr PRB-1 Bond501b0 951002 le - 5 �-- --2 v � paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not . exceeding, includingother costs and damages for which the Sure may be liable g ry y 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 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 th a Owner. SIGNED AND SEALED ON this i Z+k day of UL1- 0r3Ef� 1995. Madsen/Barr Corporltion j Principal •.;.., Y: fitness) (Seal) AFFIX SEAL ROBERT 11. MADSEN Vice -President (Type Namefritle) Reliance Insurance Company Surety . l _7 By: ISabe uran, (Witness) (Seal) AFFIX SEAL James W. Baughman (Type Name) Attorney -in -Fact By: �eal) Juan E. Beltran (Type Name) Resident Agent Alexander & Alexander, Inc. 95-01 / "B" Madsen/Barr P.Q. Box 830010 PRE3-2 Miami , FL 33173-•141101bo 951002 �J Bond No. NSU 2512 443 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That We, Madsen/Barr Corioration as Principal and Reliance Insurance Company as Surety, are bound to the CITY OF TAMARAC, FLORIDA herein called Obligee, in the sum of Three Hundred Sixty Five -Thousand Nine Hundred Sevenly Seven Dollars and 50 Cents (1365,977.50) 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 , 1995, for the _Fold -and-Formed Pipe Lining Repairs Contract "B" Pr sect No. 95-01/B 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 b\j e m Lex- 1995 for the Fold -and -Formed P11129 Lining Repairs Contract "B" Prowect No. 95-0 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 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 delivery of the materials or supplies. Without modifying the foregoing, this bond shall be construed as requiring of the principal and Surety 95-01 / "B" Madsen/Barr PYB-1 Bond501b0 951002 • no more and no less than is specified in F.S. 255.05. SIGNED AND SEALED ON this 12-TH day of AFFIX SEAL OCT 0 /3 CIL Ma yen/Barr Corporation Principal yi By: (Witness) (Seal) ROBERT H. A?ADSEN fir; ,r -President (Type Name/Title) Reliance Insurance Company Surety By: w Isabel Duran, (Witness) (Seal) AFFIX SEAL James W. Baughman (Type Name) Attomey-in-Fact By: (Seal) Juan E. Beltran (Type Name) Resident A ent Alexander & Alexander, PnC. P.O. Box 830010 Miami, FL 33173-1411 95-01 / "B" Madsen/Barr PYB-2 Bond501 b0 951002 oe- RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called 'the Companies"i and that the Companies by virtue of signature and seals do hereby make, constitute and appoint James W. Baughman, Vicki Heath, J. Douglas Burnham, Thomas L. Nygren, Timothy F. Kelly., of Houston, Texas their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND uNDSTAK1NOS 1. The Beard of Diteetrs, aw Prridrht, the Chsirmm of On Bawd, ry server Viuco Praoiderrt, arty Via Prrridrht or Aowtom Vies Prssidwn or other *"low deewilm d by the Bard of DMeotm strr hats power cod sudhorkir to Ial oppebti AtterrtsylsWrFaet and to -eslhortes ttrrrr to execute en bohdf atom C°mpsny, horde end trdsrtakings, reco"aneso. co motto of w4onrdty and sew wft obbsatory, in the nerise thereof, cod 61 to meat any such AttomeybihbrFoet ar +rrr tiara rid rwoka ele power and eWwnty piwrh to thwart. 2. Au*wwy4oWrfaet shop have power and authority. su bboct io on Mans and lindtaaiorr of tha Power of Anorney iooured to them, to oxoom deliver en bfhdf of the Compow. bwdo and tedwtokir N rs° - i Wines. Gor0sate of YdsnWty rd other - - rtil ebYeatwy bh the nature thoroof. The corporate wal is net rr+ownery for the volidity of any brdo old udwteewga, rwepdaarwrs, oerwspo at I "Im FKy and ether wrh&Vs oblipotay in the rase thweof, 3. AttrrievisH-Fadt chap hew pwh'r' cod also w" is execute alrrrowns rsgtered to be attached to bands, recadrtiawheee, awrtrom of ohdowlrty or eom conditional or °biioatery urdartabbgs and V" chap alse have power and audwity to c+refy the fbvnptt ttatarrewrt of the Camprry artd to copies of the By -Lowe of the Cornporw or any rode or Leman Owool. This Power at Attarrry is eisrrd eared sealed by taaaI " under - W by aWnrity of ear fa WmM Meduom adapted by the Exewdive and Fwhaua Cmwrrnose of ear Boards of Oarmors of Rdirhee bruratco Caprorty. lbetad Prima bwurrhw Carr"W will Ilthsruao NOW" bdrwrity Cornpary by lbww"ous Corer doted as of Februry 28, 19" end by du Fmcudive rd firhwriel Cvrrokm of do Board of 0900tew of fYliartes Surety Conpww by Unordrrtaurs Carrrrt dated y of Mach 31, 19064. 9Msodved Out to olerwhoss of sueft dbestwe end ofrf°ws and the soot of the Cwnpow may be affixed to ary ouch Power of Anorrry or rw aarphottoo roletbq throes by foosprWo,ad rat ouoh Power of Attomsy or oerYTieaM 6asrbh0 suueh f000rnpo sipmbsto or faesrrnpe sed chap be vobd card 6ittdbh0 upon the Cornporw wild any such Power se sasasod and owdrad by fsasbrWs spnstures ad 1-csWeps sool"be vspd rd Wndirq upm do Cornprhy, in the future with rsapact is arty band or urderta urq to wtach if it &VITINO ESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this June 8. it RELIANCE SURETY COMPANY *Pv�r O hit re►rer �"e1r't+uly Of RELIANCE INSURANCE COMPANY UNTrED PACWIC INSURANCE COMPANY LSEAI. _ E NATI NAL IN EMNITY CO PANY R�w Y+ STATE OF Pennsylvania COUNTY OF Philadelphia Be. On this, June 8, 1995, before me, Tammy Sue Kayati, personally appeared Charles B. Schmalz, who acknowledged himself to be the Executive Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance Notional Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. i Sue NOTARIAL SEAL Or : l L- a �' TAMMY SUE KAYATI, Notary Public City of Philadelphia, Phlla Co in �pv �` Notary Public in slid for the State of Pen_9lsylvania M Commission Ex iron Jutv 2Q, 1998 Residing at Philddblphie I, Anita Iippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this _ day of 19 low 'ter �O�PrO• i r aer h` rterf•� " i 'f'+ r, a Secret ry u arc «ey,rr. ���e0'A O 5 SLAL x 6 ram. s +2 O p� ..�po• FLAW le- 9 �;-_j L/ ( 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: F Id -and -Forme Pipe -Lining Rgpairs C n act "B" -9-1b of Tamarac Florida Woodlands Area Wastewater Collection System Sewer Rehabilitation U ilities Department Project No. 95-01/ 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 , 199_ Signed, Sealed and Delivered in the Presence of: en/B�rr Corporation (Contractor) By: By: (Corporate Secretary) (President) (Type Name) (Type Name) (SEAL) 95-01 / "B" Madsen/Barr FRL-1 Bond501b0 951002 • 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 eared 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 gg�. NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp or Type as Commissioned) ( ) Personally known to me, or ( ) Produced Identification Type of I.D. Produced ( a DID take an oath, or ( ) DID NOT take an oath. 95-01 / "B" Madsen/Barr FRL-2 Bond501b0 951002 0 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 _ Madsen/Barr Corporation_ is a contractor in a certain contract with the City of Tamarac, Florida, dated , 199in connection with the following public work: Fold -and -Formed Pi a Linin Re airs Contract "B" City of Tamarac Florida Wo dlands Area Wastewater Collection System Sewer Rehabilitatign Utiliities Department Project o. 95-0 (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 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. Affiant 95-01 / "B" Madsen/Barr FRL-3 Bond501 W 951002 IS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take , acknowled mentspersonally g p Y 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 199 IM ( ) Personally known to me, or ( ) Produced Identification 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 / "B" Madsen/Barr FRL-4 Bond501 b0 951002