HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-1891
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Temp. Reso. #9084
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July 12, 2000
Revision 1: July 6, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN ENGINEERING
AGREEMENT WITH WILLIAMS, HATFIELD & STONER, INC.,
TO PROVIDE DESIGN, SURVEYING AND PERMITTING
SERVICES FOR THE WOODLANDS PUMP STATION
FEASIBILITY STUDY; APPROVING AN EXPENDITURE NOT
TO EXCEED $59,870; AUTHORIZING A BUDGET TRANSFER
WITHIN THE STORMWATER MANAGEMENT FUND;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, one of the objectives of the City of Tamarac's Stormwater Management
Division is to minimize the impact of flooding where possible; and
WHEREAS, the South Florida Water Management District (SFWMD) sets the
maximum volume of water allowed to be discharged into its canal systems, including the C-
13 and C-14 canals, and regulates all proposed drainage improvements; and
WHEREAS, prior to designing or constructing any improvements such as a pump
station, the City will have to submit to SFWMD for approval, evidence to support that the
improvement is warranted; and
WHEREAS, during the fall of 1999, Hurricane Irene caused significant flooding in
the Woodlands area; and
WHEREAS, the existing drainage system in the Woodlands basin relies only on
gravity flow, which may not be an adequate means of conveyance; and
WHEREAS, it is necessary to identify a more effective means to convey the
stormwater out of the Woodlands area and into the SFWMD C-13 canal; and
WHEREAS, a pump station, if warranted and feasible, may be a suitable solution to
the flooding problem in the woodlands area; and
WHEREAS, request for letters of Interest No. 00-L-13, included as Exhibit "2"
herein, for engineering services related to the Woodlands Pump Station Feasibility Study
was published on March 51h and March 12th, 2000; and
WHEREAS, the following firms, in alphabetical order, responded to said letter of
Temp. Reso. #9084
Page 2
July 12, 2000
Revision 1: July 6, 2000
interest: 1) Burns & McDonnell 2) C3TS, Inc. 3) Camp, Dresser & McKee, Inc. 4) Calvin
Giordano & Associates, Inc., 5) Craig Smith & Associates, 6) Craven Thompson &
Associates, Inc. 7) Hartman & Associates, Inc., 8) R.J. Behar & Company, Inc. 9) Williams,
Hatfield & Stoner, Inc.; and
WHEREAS, a selection/negotiation committee comprising of the Finance Director,
the Assistant Public Works Director, the Acting City Engineer, the Stormwater Utility
Engineer, and the Management Intern was appointed by the City Manager to select the
most qualified firm; and
WHEREAS, the selection/negotiation committee found the firm of Williams, Hatfield
& Stoner, Inc. to be the most qualified; and
WHEREAS, the selection/negotiation committee negotiated the consultant's fees in
the amount of $59,870 as detailed in Attachment "A" to Exhibit "1" herein; and
WHEREAS, sufficient funding exists in the appropriate Stormwater Fund accounts
in the amount of $59,870 for engineering design, surveying and permitting services; and
WHEREAS, a budget transfer in the amount of $19,570 from Project No. SW97D
"C-14 Pump Stations" to Project No. SW97C "Woodlands Pump Station" is necessary to
provide adequate funding; and
WHEREAS, the Public Works Director, Purchasing/Contracts Manager, Engineering
Manager and Stormwater Utility Engineer recommend that the City enter into this
agreement for the Woodlands Pump Stations Feasibility Study; 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 execute the
agreement between the City of Tamarac and Williams, Hatfield & Stoner, Inc. for the
Woodlands Pump Station Feasibility Study.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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
upon adoption hereof.
Temp. Reso. #9084
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July 12, 2000
Revision 1: July 6, 2000
SECTION 2: The appropriate City officials are hereby authorized to execute
an agreement between the City of Tamarac and Williams, Hatfield & Stoner, Inc., a copy of
said included as Exhibit "1" herein.
SECTION 3: An expenditure from the appropriate Stormwater Management
Fund accounts in the amount not to exceed $59,870 is herby authorized.
SECTION 4: A budget transfer in the amount of $19,570 within the
Stormwater Management Fund is hereby authorized.
SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTIONS: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 121h day of July, 2000.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER .,-�%
DIST 1: COMM. PORTNER,.,
DIST 2: COMM. MISHKIN .,...
DIST 3: COMM. SULTANOF,
DIST 4: VIM ROBERTS ,..,�
MITCHELL S. KRAFT
CITY ATTORNEY
UAadm correspondence\agenda\9084RES-Woodlands Pump Sta Feasibility Study.doc.doc
of TA/�,Jq
City of Tamarac
Finance Department, Purchasing Division
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-2450 Facsimile (954) 724-2408
Website: www.tamarac.org
TEMP RESO #9084
EXHIBIT 2
DATE: February 29, 2000 LOI NO. 00-L-13
REQUEST FOR LETTERS OF INTEREST
ALL INTERESTED PARTIES:
The City of Tamarac, Florida, hereinafter referred to as CITY, will receive sealed
Letters of Interest (L.O.I) together with the Qualifications Statement and Proposal
Form included herein and any other information relative to the experience,
expertise, or proficiency of the Proposer, at the office of the Purchasing and
Contracts Manager, City Hall, 7525 NW 88 Avenue, Tamarac, Florida 33321-2401,
(954) 724-2450, for furnishing the services described below:
Pump Station Feasibility Study
Woodlands Subdivision
L.O.I.'s must be received and time stamped by the Purchasing Division, either by
mail or hand delivery, no later than 4:00 p.m. local time on Wednesday, March 22,
2000. Late submittals, additions or changes will not be accepted.
CITY reserves the right to reject any or all L.O.I.'s, to waive any or all L.O.I.'s
received, to re -advertise for L.O.I.'s, to award in whole or in part to one or more
Proposer's, or take any other such actions that may be deemed to be in the best
interest of the CITY.
l � Ly S. Flurry, CPPO`
Purchasing/Contracts Manager
Publish: Sunday, March 5, 2000 & Sunday, March 12, 2000
Equal Opportunity Employer
I. STATEMENT OF THE WORK
Pursuant to Florida Statutes, Chapter 287.055 (Consultants Competitive Negotiations Act)
and Tamarac City Code, Section 6-151(2), Professional Services, the City of Tamarac
seeks to identify Engineering Consulting Firms with substantial experience and capabilities
to complete the following:
This proposal is requested to conduct a preliminary study to determine the feasibility of
a pump station in the vicinity of C-13 canal. The purpose of this pump station would be
to alleviate flooding problems in the Woodlands subdivision of Tamarac, approximately
one square mile in area. This subdivision is bounded by Commercial Boulevard in the
north, NW 44" Street in the south, Rock Island Road in the east and NW 641' Avenue in
the west.
Woodlands subdivision is a part of the drainage basin that appears to comprise of
areas south of McNab Road including parts of North Lauderdale, unincorporated
Broward County, Tamarac and Lauderhill. The stormwater conveyance system through
this drainage basin consists of meandering canals beginning from McNab Road (or
slightly north), which merge in and out of the lakes of the golf course located within the
Woodlands subdivision.
The scope of work under this proposal is investigative in nature. A detailed study may
follow if deemed necessary. At a minimum, the scope of preliminary study under this
proposal shall:
1. Identify the complete drainage basin for the stormwater conveyance system of
which Woodlands subdivision is a part. Use existing information, if compiled and
available, from South Florida Water Management District (SFWMD), Broward
County, or any other agency. This compilation shall include elevations, where
appropriate, to define the boundaries and flow patterns. Otherwise, conduct a
limited survey to define the drainage basin.
2. Compile information on canal/lake areas and depths. If depth data is not
available measure depths at 1,000 feet intervals.
3. Compile information on historic stages for C-13 canal, and flood elevations within
the Woodlands subdivision and corresponding storm events, if available.
4. Compile information on permitted (either from SFWMD or Broward County or
both) minimum and maximum weir elevations. Create a limited but suitable
hydrologic model sufficient to calculate peak discharges for various storm events
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per SFWMD requirements. The model should be limited to subdividing the
drainage basin to not more than five sub -basins.
5. Calculate inflow peaks for various events and compare with maximum outflow
allowed per controlled weir elevations. In addition, all volumes to be accounted
for and compared with available storage in the system. Include any effect of
tailwater conditions in C-13 canal.
6. Determine the optimum location and feasibility of a pump station.
7. Prepare a feasibility report (10 copies) to determine if installation of pumps would
be an effective method of flood control in the Woodlands subdivision.
The steps as outlined above represent a general scope of feasibility study. However,
this list may not be all-inclusive. It shall be consultant's responsibility to coordinate with
SFWMD to determine if additional data is needed and must be analyzed. This
feasibility study must be completed within 60 days from the date "Notice to Proceed" is
issued.
II. QUALIFICATIONS OF PROPOSERS
Proposals will be considered from qualified firms whose experience includes successful
work in the industry.
Proposers should submit one (1) original and five (5) copies and respond to each of the
following items as clearly as possible:
1. A brief but complete history of your company.
2. Anticipated approach, scope and time line to complete the proposed
project.
3. Completed SF-254.
4. Completed SF-255.
5. Resumes of key personnel who will actually be assigned to the project
and describing their role. Note: Tamarac expects those listed to be those
who will actually perform the work. No substitutions will be permitted
except in the most dire conditions.
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6. A list of five (5) similar projects performed including the
following information:
a. Name of the entity for which the work was performed;
b. Brief description of the scope of the project;
C. Amount of initial contract award;
d. Total number of change orders to the contract;
e. Total value of change orders for the project;
f. Name of contact person with the entity and current telephone
number who can knowledgeably discuss your firm's role and
performance in the project.
7. Provide financial statements for your company's past three (3) years of
operation.
8. Any other information the firm feels is relevant to evaluating the firms
qualifications.
9. Ability to complete the work products within sixty (60) days of notice to
proceed.
III. SUBMISSION REQUIREMENTS
One (1) Original and five (5) copies of the submittals should be mailed or hand delivered to:
City of Tamarac Purchasing Division
7525 N.W. 88th Ave.
Tamarac, FL 33321-2401
Attn: Lynda Flurry, Purchasing and Contracts Manager
The outside of the envelope shall be clearly marked "Pump Station Feasibility Study - LOI
No. 00-L-13".
IV. SELECTION/NEGOTIATION PROCESS
A Selection/Negotiation Committee has been appointed by the City Manager and will be
responsible for selecting the most qualified firm then negotiating a contract.
Each firm should submit documents that provide evidence of capability to provide the
services required for the committee's review for short -listing purposes. The short listed
firms will then be contacted via telephone and a follow-up letter to prepare for a
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presentation to the committee so that a final firm can be selected. The committee will then
attempt to negotiate an agreement, which can be recommended to the Tamarac City
Commission for award.
V. INSURANCE REQUIREMENTS
Consultant agrees to, 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.
Consultant shall obtain at Consultant's expense all necessary insurance in such form and
amount as required by the City's Risk Manager before beginning work under this
Agreement. Consultant shall maintain such insurance in full force and effect during the life
of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all
insurance required under this section prior to beginning any work under this Agreement.
Consultant shall indemnify and save the City harmless from any damage resulting to it for
failure of either Consultant or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage, which the
Consultant agrees to maintain during the term of this contract:
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground
Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000
Workers' Compensation & Employer's
Liability
W
Limits
Aggregate
$1,000,000
Statutory
The City reserves the right to require higher limits depending upon the scope of work under
this Agreement.
Neither Consultant nor any subcontractor shall commence work under this contract until
they have obtained all insurance required under this section and have supplied the City
with evidence of such coverage in the form of an insurance certificate and endorsement.
The Consultant will ensure that all subcontractors will comply with the above guidelines
and will maintain the necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. Policies shall be "Occurrence" form.
Each carrier will give the City sixty (60) days notice prior to cancellation.
The Consultant's liability insurance policies shall be endorsed to add the City of Tamarac
as an "additional insured". The Consultant's Worker's Compensation carrier will provide a
Waiver of Subrogation to the City.
The Consultant shall be responsible for the payment of all deductibles and self -insured
retentions. The City may require that the Consultant purchase a bond to cover the full
amount of the deductible or self -insured retention.
If the Consultant is to provide professional services under this Agreement, the Consultant
must provide the City with evidence of Professional Liability insurance with, at a minimum,
a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are
acceptable for Professional Liability insurance.
GOVERNING LAW:
INTERESTED VENDORS WILL AGREE THAT CONTRACTS SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF FLORIDA. VENUE WILL BE BROWARD COUNTY.
The firm with whom a contract will be negotiated will be required to complete the following
forms entitled, "Sworn Statement under Sec. 287.133(c)(a), F.S., on Public Entity Crimes",
"Offeror's Qualification Statement", "Non -Collusive Affidavit" and "Drug Free Workplace
Certification".
VI. ADDITIONAL INFORMATION
FOR ADDITIONAL INFORMATION REGARDING THE SCOPE OF THIS PROJECT
CONTACT:
Raj Verma, City of Tamarac Public Works Director at (954) 724-2427
Attachments:
1. Evaluation Factors
2. Public Entity Crimes Form
3. Offeror's Qualification Statement
4. Non -Collusive Affidavit
5. Vendor Drug -Free Workplace
ATTACHMENT 1:
EVALUATION FACTORS WRITTEN MATERIAL
Points
1.0 Firm Qualifications 35
1.1 Qualifications of key staff proposed for the project 25
1.2 Stability of key staff 10
2.0 Project Experience 30
2.1 Customer references 15
2.2 Similar types of projects 15
3.0 Experience and Technical Capabilities 10
3.1 Stability and breadth of company 10
4.0 Approach 25
4.1 Anticipated approach 20
4.2 Proposed schedule and team 5
Total 100
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ATTACHMENT 2:
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
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This sworn statement is submitted with Bid, Proposal or Contract No.
to the City of Tamarac for:
2. This sworn statement is submitted by:
and
(name of entity submitting sworn statement)
Federal Employer Identification Number (FEIN
(If the entity has no FEIN, include the Social Security Number of the individual
signing this sworn statement:
3. My name is and
(please print name of individual signing)
my relationship to the entity named above is:
4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
Florida 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.
5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with
or without an adjudication of guilt, in any federal or state trial court of record relating
to charges brought by indictment or information after July 1, 1989, as a result of a
jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere.
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6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida
Statutes, means:
(1) A predecessor or successor of a person convicted of a public entity crime: or
(2) 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 (1) 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 (1) person
controls another person. A person who has been convicted of a public entity
crime in Florida during the preceding thirty-six (36) months shall be
considered an affiliate.
7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida
Statutes, 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 (1) 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.
The entity submitting this sworn statement, or one (1) 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.
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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.)
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.
Date
(Signature)
ACKNOWLEDGMENT
State of Florida
County of
On this the day of ,20—, before me, the undersigned Notary Public of the
State of Florida, personally appeared and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that
he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print, Stamp,
or Type as Commissioned.)
O Personally known to me, or
( ) Produced identification:
(Type of Identification Produced)
() DID take an oath, or () DID NOT
take an oath.
OPTIONAL INFORMATION
Type of Document: Number of Pages: Number of Signatures Notarized:
ATTACHMENT 3:
OFFEROWS
QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all
answers to questions made hereinafter:
SUBMITTED TO: City of Tamarac (Purchasing & Contracts Manager)
ADDRESS: 7525 N.W. 88th Avenue
Tamarac, Florida 33321
CIRCLE ONE
SUBMITTED BY: Corporation
NAME: Partnership
ADDRESS: Individual
PRINCIPAL OFFICE: Other
1. State the true, exact, correct and complete name of the partnership, corporation, trade or
fictitious name under which you do business and the address of the place of business.
The correct name of the Offer is:
The address of the principal place of business is:
2. If Offeror is a corporation, answer the following:
a. Date of Incorporation:
b. State of Incorporation:
C. President's Name:
d. Vice President's Name:
e. Secretary's Name:
f. Treasurer's Name:
g. Name and address of Resident Agent:
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3. If Offeror is an individual or a partnership, answer the following:
a. Date of Organization:
b. Name, address, and ownership units of all partners:
4. If Offeror is other than an individual, corporation or partnership, describe the organization
and give the name and address of principals:
5. If Offeror is operating under a fictitious name, submit evidence of compliance with the
Florida Fictitious Name Statute.
6, How many years has your organization been in business under its present business
name?
a. Under what other former names has your organization operated?
7. Indicate registration, license numbers or certificate numbers for the businesses or
professions, which are the subject of this Bid. Please attach certificate of competency
and/or state registration.
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8. Have you ever failed to complete any work awarded to you? If so, state when, where and
why?
9. State the names, telephone numbers and last known addresses of three (3) owners,
individuals or representative of owners with the most knowledged of work which you have
performed or goods you have provided, and to which you refer (government owners are
preferred as references).
(Name) Address (Phone number)
(Name) Address Phone number
(Name) Address (Phone number)
10. List the pertinent experience of the key individuals of your organization (continue on insert
sheet, if necessary).
11. State the name of the individual who will have personal supervision of the work:
THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION
CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE
RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH
INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF
ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE
OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTACT SHALL
CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO
CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT.
(Signature)
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ACKNOWLEDGMENT
State of Florida
County of
On this the day of , 20, before me, the undersigned Notary Public of
the State of Florida, personally appeared and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that
he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print, Stamp,
Or Type as Commissioned.)
( ) Personally known to me, or
() Produced identification:
(Type of Identification Produced
( ) DID take an oath, or ( ) DID NOT
take an oath.
OPTIONAL INFORMATION
Type of Document: Number of Pages: Number of Signatures Notarized:
Is
State of )
) ss.
County of )
(1)
ATTACHMENT 4:
NON -COLLUSIVE AFFIDAVIT
being first duly sworn, deposes and says that:
He/she is the
Officer, Representative or Agent) of
:.
, (Owner, Partner,
the Bidder that has submitted the attached
(2) He/she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid:
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Bidder, firm, or person to submit a collusive or sham Bid in connection with the
Work for which the attached Bid has been submitted; or to refrain from bidding in
connection with such work; or have in any manner, directly or indirectly, sought by
person to fix the price or prices in the attached Bid or of any other Bidder, or to fix
any overhead, profit, or cost elements of the Bid price or the Bid price of any other
Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the
proposed work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Bidder or any other of its agents, representatives, owners, employees or
parties in interest, including this affiant.
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Signed, sealed and delivered
in the presence of:
Witness
Witness
State of
) ss.
County of
(Printed Name)
(Title)
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, personally appeared
to me well known and known by me to be the person described
herein and who executed the foregoing Affidavit and acknowledged to and before me that
executed said Affidavit for the purpose therein
expressed.
WITNESS, my hand and official seal this
My Commission Expires:
OPTIONAL INFORMATION
Type of Document: Number of Pages
17
day of
, 20_
Notary Public State of Florida at Large
Number of Signatures Notarized:
ATTACHMENT 5:
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a
drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement effects all
public entities of the State and becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs.
Whenever two (2) or more bids, which are equal with respect to price, quality, and service, are received by
the State or by any political subdivision for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drug -free workplace program shall be
given preference in the award process. Established procedures for processing tie bids will be followed if
none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 or of any controlled substance law of the United States
or any state, for a violation occurring in the workplace no later than five (5) days after each
conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
this section. As the person authorized to sign the statement, I certify that this form complies fully
with the above requirements.
Authorized Signature
18
Company's Name
ACORD CERTIFICA. - OF LIABILITY INSURA,XE
CAT! (MWODIYY)
i 12/14/1999
PRODUCER THIS CERTIFICA-E IS ISSUED AS A MATTER OF INFORMATION
SAUNDERS & TAYLOR INSURANCE, INC. ONLY AND CCNF=RS NO RIGHTS UPON THE CERTIFICATE
1900 S.E. 3RD AVENUE, SUITED HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I
FORT LAUDERDALE FL 33316-2877 ,I
954-779-2444 INSURERS AFFORDING COVERAGE
INSURED WILLIAMS, HATFIELD & STONER, INC. AND W.H.S.
CONSTRUCTION SERVICES, INC.
2101 N. ANDREWS AVE..SUITE 300
FORT LAUDERDALE FL 33311
WSUREPAST. PAUL FIRE & MARINE INSURANCE COMPANY
NsuReRe: FOCI MUTUAL INSURANCE COMPANY
I'NSUPERC: CHA
INSURER 0:
COVERAGES
THE PCLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INCICAT=O. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONT, PACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEPITIFICATE MAY BE ISSUFO OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED hEREIN IS SUBJECT TO ALL THE TERMS.
EXCUUSICNS AND CONDITIONS
OF SUCH
MAY PERTAIN,
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
DAY Y�MP CTIVE POLICY.. b!/MY�tS
LIMITS
INS
TYPE Of INSURANCE
POLICY NUMBER
I
EACH OCCLRRENCE S
1,000 000
GENERAL LIABILITY
rX 1 CCMMERGAL GENEPrL UAEIUTI'
FIRE DAMAGE (My an. M.1 i
1, 000, 000
CLAIMS MADE X OCCUR11
! �"/E" ?w r vn. o.nanl I s
5.000
q
I
BF500000399338
09/16/1999 09/16/2000
=E_v^^NALaACVINJURv s
1,000,000
-'-
3ENSaALAGGPEsATE is
2,000,000
GEN'L AGGREGATE UNIT APPLES PER: (
I
P?CCUCTS - CCMPICP AGG s
21000,000 1
I POLICY = PST,
j AUTOMOBILE LIABILITY
AAEWRO S;NGLE LIMIT I3
1,000,000
X 'ANY ALTO
(El uddeno
^I ALL OWNED AUTOS
5=iLY �JU� I i
� I SCHEDULED AUTOS
A
RP06630502
09/16/1998 i 09/16/1999
!, 5CCILY INJURY
I X MIRED AUTOS
i
I ;Pfr at :a�CMC
NON-CWNEDALITO6
l.—
^r:CF=^TY DAMAGE I 1
I
�
(P
i c acra.rlD I
':
I ALTO ONLY • EA AC.:.CEN7 17
I,
' GARAGE LIABILITY
i
j
ANY AUTO
O T DER THAN :A ACC . 3
A4 ... CNLY: AGG 1 1
I
$+Cn CCCL'FRE"ICE 1
5, 000, 000
I EXCESS UASIUTY
XI OCCUR C CLANS MACE
j I AGuREGATE s
I ,
5,000,000
A I
BFA00000406342
09/16/1999 09/16/2000 s
�--
I I CEAUCYIBL.:
I 3
IRA RETENTION s 10,000
I 3
ST
X-N FY ITa "al
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I _ _ EACH ACCICENT 1
100,000
8
001-WC97A-25425
1 01/01/2000 01/01/Z001-.-:;ISEASE•EAEMPL0YE33
100,000
DISEASE-;CC:=LIMIT I 1
500,000
OTHER
EACH CLAIM
2,000.000
C PROFESSIONAL LIABILITY
AEE00-821-33-29
09/16/1999 09/16/2000 AGGEGATE
Z,000,000
OESCRIPTION OF OPERATIONS/LOCATIONBNENICwE3MCLVSION3 ADDED BY ENDOASEMENTISPECIAL PROV13IONS
CERTIFICATE HOLDER ADDITIONAL INSURED, INSURER LETTER! CANCELLATION
3NOULD ANY OF THE ABOVE DESCRIBE'. POLICIES BE CANCELLED S EFORE THE EXPIRATION
DATE THEREOF, THE I36UINO INSURER NlLL ENDEAVOR TO MAIL 30 - DAYS WRITTEN
NOTIC! TO THE CERTIFICATE FIOLOER NAMED TO THE LEFT, BUT FAILURE TO 00 60 SHALL
,MFC3E NO OBLIGATION CA LIA61l:TY CF ANY KIND UPON THE INSURER. ITS AGENTS ON
I R EPRESENTATIVE3. _.
TIVE
ACORD 25.5 (7/97)
EiACORD CORPORATION 1988
EXHIBIT 1
TEMP RPSO #9084
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
WILLIAMS, HATFIELD & STONER, INC.
THIS AGREEMENT is made and entered into this day of July, 2000 by and
between the City of Tamarac, a municipal corporation with principal offices located at 7525
N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Williams, Hatfield & Stoner, Inc., a
Florida corporation with principal offices located at 2101 N. Andrews Avenue, Suite 300,
Fort Lauderdale, FL 33311 (the "Consultant') to provide for design and consulting services
for the Woodlands Pump Stations Feasibility Study
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
CITY and CONSULTANT agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary and other Conditions), drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2) The Work
The Consultant shall perform all work for the City required by the contract
documents as set forth below:
a) CONSULTANT shall furnish all labor, materials, and equipment necessary to complete
the Woodlands pump stations feasibility study.
b) CONSULTANT shall follow the scope of work as outlined in Attachment "A° herewith.
c) CONSULTANT shall provide the CITY with seventy-two (72) hours written notice prior
to the beginning of work under this Agreement and prior to any schedule change.
d) CONSULTANT shall comply with any and all Federal, State, and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the CONSULTANT, its employees, agents or subConsultants, if
any, with respect to the work and services described herein.
1
3) Insurance
Consultant shall obtain at Consultant's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City, including Professional Liability
when appropriate. Consultant shall maintain such insurance in full force and effect during
the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates
of all insurances required under this section prior to beginning any work under this
Agreement. The Consultant will ensure that all subConsultants comply with the above
guidelines and will retain all necessary insurance in force throughout the term of this
agreement.
Consultant shall indemnify and hold the City harmless for any damages resulting
from failure of the Consultant to take out and maintain such insurance. Consultant's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Consultant shall be responsible for payment of all deductibles and self-insurance retentions
on Consultant's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than the date that Consultant receives Purchase
Order. The work shall be substantially completed within three (3) months from the date of
execution of this Agreement.
5) Contract Sum
The Contract Sum for the above work is Fifty Nine Thousand Eight Hundred
Seventy Dollars and no/100 cents ($59,870.00). The Contract sum is determined by the
cost of labor and materials for the Woodlands pump stations feasibility study.
6) Payments
The CITY shall pay in full the Contract Sum to the Consultant upon completion of
the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The
City shall pay the CONSULTANT for work performed subject to the specifications of the jab
and subject to any additions and deductions by subsequent change order provided in the
contract documents.
2
7) Waiver of Liens
Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subConsultants, and/or Consultants who worked on the project that is the
subject of this Agreement.
8) Indemnification
The Consultant shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with the work
performed by the Consultant or its officers, employees, agents, subConsultants, or
independent Consultants, excepting only such damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed officials and
employees. 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.
Nothing contained herein is intended nor shall be construed to waive City's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
9) Non -Discrimination
The CONSULTANT agrees that it shall not discriminate against any of its employees
or applicants for employment because of their race, color, religion, sex, or national origin,
and to abide by all federal and State laws regarding non-discrimination. The
CONSULTANT further agrees to insert the foregoing provisions in all subcontracts
hereunder except subcontracts for standard commercial supplies or raw materials. Any
violation of such provisions shall constitute a material breach of this Agreement.
10) Independent Consultant
CONSULTANT is an independent Contractor under this Agreement. Personal
services provided by the CONSULTANT shall be by employees of the Consultant and
subject to supervision by the CONSULTANT, and not as officers, employees, or agents of
the CITY. Personnel policies, tax responsibilities, social security and health insurance,
employee benefits, purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be those of the CONSULTANT.
3
11) Assignment and Subcontracting
Consultant shall not transfer or assign the performance required by this Agreement witilout
the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
12) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
following addresses.
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
CONSULTANT
Nancy Lee Hurlbert
Vice President
Williams, Hatfield & Stoner, Inc.
2101 North Andrews Avenue, Suite 300
Fort Lauderdale, Florida 33311
13) Termination
This Agreement may be terminated by City or Consultant for cause or by the City for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the Consultant shall be paid its compensation for
services performed to termination date, including services reasonably related to
termination. In the event that the Consultant abandons this Agreement or causes it to be
terminated, Consultant shall indemnify the city against loss pertaining to this termination.
Default by CONSULTANT: In addition to all other remedies available to the CITY,
this Agreement shall be subject to cancellation by the CITY should the CONSULTANT
4
neglect or fail to perform or observe any of the terms, provisions, conditions, or
requirements herein contained, if such neglect or failure shall continue for a period of ten
(10) days after receipt by CONSULTANT of written notice of such neglect or failure.
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement , and is
subject to termination based on lack of funding.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
16) Signatory Authority
The CONSULTANT shall provide the CITY with copies of requisite documentation
evidencing that the signatory for CONSULTANT has the authority to enter into this
Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The nonenforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the CONSULTANT and
the CITY, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written document
executed by both the CONSULTANT and the CITY.
9
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC , through its Mayor
and Williams, Hatfield & Stoner, Inc. signing by and through its Vice President duly
authorized to execute same.
ATTEST:
Marion Swenson, CMC
City Clerk
Date:
ATTEST:
roject Manager)
James V. Davis
CITY OFT MARAC
e Schreiber, Mayor
Pate: 7 I �"/moo o a
Jeffrey i r, City Manager
Date: —
Approved as to form and legal
Sufficiency:
L ��.�•-'�, �_��{' �s � nit
Mitchell Kraft, City Attorney a
Date:
WILLIAMS, HATFIELD & STONER, I C.
I r /
Type/Print Name of Project Manager
(CORPORATE SEAL)
Nancy Lee Hurlbert
(Name of Vice President)
CpI Zee cI4-1 er�
Type/Print Name of Vice President
Date: 2
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this -3 day of
, 20,baby (name of officer
or agent, title of officer or agent) of IGT7'rol�� p �d 1�(name of
corporation acknowledging), a ►r` , G( (state or place of
incorporation) corporation, on behalf of the corporation. He is personally known to me
d - 14 114 - 6 '�,4 (4 -1 r (40 1 (type of identification) as identification and did (did not)
take an oath.
Yr,, LillianPabon
y
:�. . MY COMMISSION * CCS<�0 2�23 EXPIRES December 12
BONDED THRU TROY FAIN INSURANCE INC,
7
Signature of Notary Public — State of
Florida
Print, Type or Stamp Name of Notary
Public