HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-129Temp. Reso. # 12113
November 9, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING BID NO. 11-
26B TO AND APPROVING AN AGREEMENT WITH
LANIER PLANS, INC., D/B/A KORKAT, INC., FOR THE
TAMARAC SPORTS COMPLEX AMENITY
IMPROVEMENTS PROJECT, LOCATED AT 9901 NW 77T"
STREET, IN ACCORDANCE WITH BID NO. 11-26B FOR A
CONTRACT AMOUNT OF $72,143.38; A CONTINGENCY
IN THE AMOUNT OF $6,481.62 WILL BE ADDED TO THE
PROJECT ACCOUNT, FOR A TOTAL PROJECT BUDGET
OF $78,625; AUTHORIZING AN EXPENDITURE FROM
THE APPROPRIATE ACCOUNTS; AUTHORIZING
BUDGET AMENDMENTS FOR PROPER ACCOUNTING
PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents and visitors a
higher level of service by enhancing and improving its outdoor recreation facilities and
environment with additional picnic seating areas; and
WHEREAS, the City published Invitation to Bid No. 11-26B for the construction
of the Tamarac Sports Complex Amenity Improvements Project, incorporated herein by
reference and on file in the office of the City Clerk; and
WHEREAS, on September 21, 2011 the City of Tamarac received ten (10)
proposals for the Tamarac Sports Complex Amenity Improvements Project, with Lanier
Plans, Inc., d/b/a Korkat, Inc., being the lowest responsive bidder, a bid tabulation
attached hereto as Exhibit "'I", incorporated herein and made a specific part of this
resolution; and
Temp. Reso. # 12113
November 9, 2011
Page 2
WHEREAS, Lanier Plans, Inc., d/b/a Korkat, Inc., possesses the required
knowledge and experience for the construction of the proposed project and has agreed
to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid
No. 11-26B, attached hereto as Exhibit "2"; and
WHEREAS, it is the recommendation of the Interim Public Works Director and
the Purchasing and Contracts Manager that the appropriate City Officials award Bid No.
11-26B and execute the agreement with Lanier Plans, Inc., d/b/a Korkat, Inc., for the
construction of the Tamarac Sports Complex Amenity Improvements Project, attached
hereto as Exhibit "3", incorporated herein and made a specific part of this resolution;
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 award Bid No. 11-
26B and execute the agreement for the construction of the Tamarac Sports Complex
Amenity Improvements Project with Lanier Plans, Inc., d/b/a Korkat, Inc., for a contract
cost of $78,143.38 and a contingency in the amount of $6,481.62 will be added to the
Project Account, for a total project budget of $78,625.
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. All exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
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Temp. Reso. # 12113
November 9, 2011
Page 3
SECTION 2: The City Commission hereby awards Bid No. 11-26B to
Lanier Plans, Inc., d/b/a Korkat, Inc., and approves an Agreement between the City of
Tamarac and Lanier Plans, Inc., d/b/a Korkat, Inc., ("the Agreement") and the
appropriate City Officials are hereby authorized to execute the Agreement, hereto
attached as "Exhibit 3", to provide for the construction of the Tamarac Sports Complex
Amenity Improvemerrts Project located at 9901 NW 77th Street.
SECTION 3: An expenditure for a contract cost of $72,143.38', and a
contingency in the amount of $6,481.62 for a total project budget of $78,625 is hereby
approved.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the City
Code, and close the contract award including, but not limited to making final payment
within the terms and conditions of the contract and within the contract price.
SECTION 5: All budget amendments for proper accounting purposes are
hereby approved.
SECTION 6: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 8
passage and adoption.
Temp. Reso. # 12113
November 9, 2011
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this day of laak , 2011.
ATTEST:
CITY CLERK. �� I i I ///,/
OF TA
���'�.
ca - ESTABLISHED Q
_ 3 1963
'•. SEAL
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
,dS MU L S. GOREN
CITY ATTORNEY
auNt t� L� t
PAMELA BUSHNItLL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL
DIST 1: COMM. SWEN O
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSIE
DIST 4. COMM. DRESSLER
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BID TABULATION
11-26B TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
OPENED: 9/21/11
KOR KAT INC
TOTAL: $72,143.38
BOFAM CONSTRUCTION
TOTAL: $72,985.00
ADVANCED RECREATIONAL CONCEPTS
TOTAL: $79,296.13
PARADIGM CONSTRUCTION
TOTAL: $85,159.00
JMW CONSTRUCTION
TOTAL: $87,115.00
ARZ BUILDERS
TOTAL: $92,843.00
SPEARHEAD DEVELOPMENT GROUP
TOTAL: $96,000.00
LANZO CONSTRUCTION
TOTAL: $98,785.00
D.W. RECREATION SERVICES
TOTAL: $99,148.00
MICHAEL G. HOLDER INC
TOTAL: $104,857.67
Note: All recommendations for award are unofficial until City Commission approves.
INVITATION TO BID
BID
NO. 11-26B
Tamarac Sports Complex Amenity
Improvements Project
ISSUED 8/29/11
BID SET
City of Tamarac
Purchasing Division
7525 NW 88th Avenue
Room 108
Tamarac, FL 33321
SUBMIT BID TO:
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW 88T" AVENUE
TAMARAC, FL 33321
954-724-2450
INVITATION FOR BID
Bidder Acknowledgement
BID NO.: 11-26B
BID TITLE: TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
BID OPENING DATE/TIME: SEPTEMBER 21, 2011 AT 3:00 PM LOCAL TIME
BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST
BUYER PHONE: 954-597-3570
BUYER EMAIL: jimn@tamarac.org
PRE -BID CONFERENCE: TUESDAY, SEPTEMBER 6, 2011, 11:OOAM, RM 105
BONDING: 5% BID BOND — 100% PAYMENT & PERFORMANCE BOND BID FEE: $50.00
GENERAL CONDITIONS
These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City
of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by
Indicating such change in the Instructions to Bidders, Special Conditions or Special Provisions. Any and all
Special Conditions, Special Provisions, Bid Specifications or applicable requirements that may vary from
these general conditions shall prevail over any conflicting provision within any vendor's standard terms &
conditions regardless of language in vendor's document to the contrary. Whereas conflict may exist within
this entire Bid document, the more strict provision shall apply.
SEALED BIDS
This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall
contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form
may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those
bids that do not comply with these conditions may be deemed non -responsive.
BIDDER COMPANY NAME:
COMPANY AD
COMPANY PHONE:
NAME OF AUTHORIZED AGENT:
TITLE OF AUTHORIZED AGENT:
AUTHORIZED AGENT EMAIL ADDRESS:
FBI] 1] 4:11111 Ir_K I[ Xvil `1W1u133:a
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and
without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as
an agent for the Bidder.
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City of Tamarac
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Our Vision and Mission
Our Vision: The City of Tamarac, our community of choice --
leading the nation in quality of life through safe neighborhoods, a
vibrant economy, exceptional customer service and recognized
excellence.
Our Mission: We Are "Committed to Excellence... Always" It is
our job to foster and create an environment that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards of the
public trust, we value vision, integrity, efficiency and quality
service.
Our vendors are truly partners in meeting these commitments to
the community, and in support of that vision and mission, we are
committed to ensuring that qualified, competitive vendors who
share our commitment to quality, efficiency, teamwork and
customer service are employed to provide goods and services to
the City. Our vendors are expected to deliver high quality
products and efficient service that is provided on time and as
ordered; in a manner that improves the overall value of the
services that the City provides to its residents. In addition, we
expect our vendors to work with the City as a team, and exhibit
the highest level of integrity when dealing with any office or
department of the City.
Diligence in the execution of the requirements of this proposal
will ultimately contribute to the overall quality of services
provided to the entire community. The City is searching for a
firm who will exemplify these ideals in the execution of their
work, and the successful firm will be measured against the
performance standards outlined in this bid invitation.
Makes a Difference
In the fulfillment of our vision and mission, as stewards of
the public trust, we value vision, integrity, efficiency and
quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
qualified, competitive vendors who share our commitment
to quality, efficiency, teamwork and customer service are
employed to provide goods and services to the City. Our
vendors are expected to deliver high quality products and
efficient service that is provided on time and as ordered,
in a manner that improves the overall value of the
It is the intent of the City to award this bid to the lowest
responsible and responsive Bidder. The City reserves the
right to accept or reject any or all bids and to waive any
informality concerning the bids when such rejection or
waiver is deemed to be in the best interest of the City.
The City reserves the right to award the bid on a split
order basis, lump sum or individual item basis unless
otherwise stated, whichever is in the best interest of the
City.
This solicitation is issued pursuant to the City of Tamarac
Code, Chapter 6, "Finance & Taxation", Article V,
"Purchasing Procedures", Section 6-141 et seq.
and Contracts Division
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers
made to the City of Tamarac by all prospective Bidders
including but not limited to Request for Quotes, Request
for Bids and Request for Proposals. As such the words
"bid" and "proposal" are used interchangeably in
reference to all offers submitted by prospective Bidders.
1. SUBMISSION OF THE BID
The Bidder is directed to deliver sealed bids to the City
of Tamarac, Purchasing Division, 7525 NW 88th
Avenue, Room 108, Tamarac, Florida 33321, no later
than the date and time specified on the cover page of
this solicitation document. At this time the bids will be
opened, the names of all Bidders will be announced and
all bids shall become a matter of public record. All
Bidders and their representatives are invited to attend.
The Bidder must show the bid number, bid name, time
and date of the bid opening on the outside of the sealed
bid package. Delivery of the sealed bids to the
Purchasing Office on or before the above date is solely
and strictly the responsibility of the Bidder. Late bids will
be returned unopened to the Bidder.
It is the Bidders responsibility to read and understand
the requirements of this bid. Unless otherwise specified,
the Bidder must use the bid form furnished in the bid
document. The Bidder is requested to submit one (1)
original and two (2) copies of the bid. The original
bid must be manually and duly signed in ink by a
Corporate Officer, Principal, or Partner with the
authority to bind the bidding company or firm by
his/her signature. All bid forms must be typewritten or
completed in ink. The Bidder must initial any erasures or
corrections in ink. All prices, terms and conditions
quoted in the submitted bid will be firm for acceptance
for ninety days from the date of the bid opening unless
otherwise stated by the City.
The Bidder preparing a bid in response to this
solicitation shall bear all expenses associated with its
preparation. The Bidder shall prepare a bid with the
understanding that no claim for reimbursement shall
be submitted to the City for expenses related to its
preparation.
2. BID DEPOSIT
When required on the cover page, a bid deposit or bid
surety bond in the amount specified shall accompany
the bid. Bid deposits shall be in the form of cash,
certified check or cashier's check, drawn on a
responsible bank doing business in the United States,
and shall be made payable to the City of Tamarac. In
lieu of a bid deposit, a bid surety provided by a firm
licensed to business in the State of Florida shall be
provided to the City. Any bid deposits will be returned
to the Bidders at the time of contract award. The bid
deposit of the successful vendor shall be returned
upon receipt of acceptable Performance and/or
Payment bonds.
3. BONDING
When required by the specification herein, the
successful Bidder shall furnish a Performance and
Payment bond, and/or Warranty bond, as stated on the
cover page of this solicitation, on the City's forms, within
fifteen (16) calendar days after notification of contract
award. Failure to furnish the required bonds within the
City of Tamarac
time specified may be cause for rejection of the bid and any
bid deposit may be retained by the City as liquidated
damages and not as a penalty. Said sum shall be a fair
estimate of the amount of damages the City would sustain
due to Bidder's failure to furnish said bonds.
4. WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the indicated
opening time. The request for withdrawal must be submitted
in writing to the Purchasing Office.
5. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the convicted
vendor list following a conviction for public entity crime may
not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on
leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section
287.017, for Category Two for a period of 36 months from
the date of being placed on the convicted vendor list.
6. NON -COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -Collusive
Affidavit Form and submit this form with the bid/proposal.
The City considers the failure of the Contractor to submit
this document to be a major irregularity, and may be
cause for rejection of the Proposal.
7. CONFLICT OF INTEREST
The award hereunder is subject to the provisions of Chapter
112 of the State of Florida Statutes. Bidders shall disclose
the name of any officer, director, partner, proprietor,
associate or agent who is also a public officer or employee
of the City or any of its agencies.
8. QUANTITIES
Quantities shown are estimates only. No guarantee or
warranty is given or implied by the City as to the total
amount that may or may not be purchased from any
resulting contract. The City reserves the right to decrease or
increase quantities or add or delete any item from the
contract if it is determined that it best serves the interests of
the City.
9. PRICES, PAYMENTS AND DISCOUNTS
Bid prices shall be fixed and firm to the extent required
under Special Conditions.
In the absence of a reference in the Special Conditions, bid
prices shall be fixed and firm for a period of ninety (90)
calendar days. Payment will be made only after receipt and
acceptance of materials/services. Cash discounts may be
offered for prompt payment; however, such discounts shall
not be considered in determining the lowest net cost for bid
evaluation.
Bidders are encouraged to provide prompt payment terms
in the space provided on the Bid Form. If no payment
discount is offered, the Bidder should enter zero (0) for the
percentage discount to indicate net 30 days. If the Bidder
does not enter a percentage discount, it is understood and
agreed that the payment terms shall be 2% 10 days, net 30
days effective on the date that the City receives an accurate
and Contracts Division
invoice or accepts the product, whichever is the later
date. Payment is deemed made on the date of the
mailing of the check. All payments shall be governed by
the Florida Prompt Payment Act, F.S. Chapter 218.
All items shall be delivered F.O.B. destination to a
specific City address. All delivery costs and charges
must be included in the bid price. The City reserves the
right to cancel orders or any part thereof, without
obligation if delivery is not made at the time specified in
the bid.
11. MANUFACTURER'S NAME & APPROVED
EQUIVALENTS
Manufacturer's name, trade name, brand name
information and/or model/catalog numbers are used in
these specifications for information and establishment of
a quality level desired, and are not intended to restrict
competition unless otherwise specified in the bid. The
Bidder may offer any brand which meets or exceeds the
specifications for any item(s). If bids are based on
equivalent products, clearly indicate in bid submittal the
manufacturer's name and model/catalog number.
Bidder shall submit complete descriptive literature
and/or specifications with the bid. The burden of proof
for specification compliance is solely on the Bidder. The
City reserves the right to be the sole judge of what is
equal and acceptable. Failure to provide this information
within three (3) business days of the City's request may
be grounds for bid disqualification. If Bidder fails to
name a substitute, it will be assumed that the Bidder
has submitted a bid which conforms in all aspects to the
requirements of the bid document, and that the Bidder
intends to furnish goods identical to the bid standard.
12. SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished free of
charge to the City. If a sample is requested it must be
delivered within seven days of the request unless
otherwise stated in the bid. Each sample must be
marked with the Bidder's name and manufacture's
brand name. The City will not be responsible for
returning samples. The City may request a full
demonstration of any product or service before the
award of a contract. All demonstrations will be done at
the expense of the Bidder.
13. BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City may
conduct a background investigation including a criminal
record check of Bidder's officers and/or employees, by
the Broward County Sheriffs Office. Bidder's
submission of a bid constitutes acknowledgement of
and consent to such investigation. City shall be the sole
judge in determining Bidder's qualifications.
14. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in
conjunction with this bid shall be new, warranted for
their merchantability, fit for a particular purpose, free
from defects and consistent with industry standards.
The products shall be delivered to the City in excellent
condition. In the event that any of the products supplied
to the City are found to be defective or do not conform to
the specifications, the City reserves the right to return
the product to the Bidder at no cost to the City.
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City of Tamarac Putuha5ing and Contracts Division
Successful Bidder shall furnish all guarantees and 20. ASSIGNMENT
warranties to the Project Manager prior to final acceptance
and payment. The warranty period shall commence upon
final acceptance of the product.
15. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing or
selling the goods shipped or ordered as a result of this bid.
The seller agrees to hold the City harmless from all liability,
loss or expense occasioned by any such violation_
16. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City
conform with all respects to the standards set forth in the
Occupational Safety and Health Act and its amendments to
any industry standards, if applicable.
Failure on the part of the Bidder to comply with the
conditions, terms, specifications and requirements of the
bid shall be just cause for cancellation of the bid award. The
City may, by written notice to the Bidder, terminate the
contract for failure to perform. The date of termination shall
be stated in the notice. The City shall be the sole judge of
nonperformance.
18. INSPECTION
The City shall have the right to inspect any materials,
components, equipment, supplies, services or completed
work specified herein. Any of said items not complying with
these specifications are subject to rejection at the option of
the City. Any items rejected shall be removed from the
premises of the City and/or replaced at the entire expense
of the successful vendor.
TERMINATION
a. DEFAULT
In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for
cause, should the Contractor 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 thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
b. TERMINATION FOR CONVENIENCE
The final Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in
which event the Contractor shall be paid its compensation
for services performed to termination date, including
services reasonably related to termination. In the event that
the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss
pertaining to this termination.
c. FUNDING OUT
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.
The Bidder shall not transfer or assign the performance
required by this bid without the prior written consent of
the City. Any award issued pursuant to this bid and
monies that may become due hereunder are not
assignable except with prior written approval of the City.
21. EMPLOYEES
Employees of the Bidder shall at all times be under its
sole direction and not an employee or agent of the City.
The Bidder shall supply competent and physically
capable employees. The City may require the Bidder to
remove an employee it deems careless, incompetent,
insubordinate or otherwise objectionable. Bidder shall
be responsible to the City for the acts and omissions of
all employees working under its directions.
22. EQUAL EMPLOYMENT OPPORTUNITY
No Contractor shall discriminate against any employee
or applicant for employment because of race, religion,
color, gender, national origin, or physical or mental
handicap if qualified. Contractor shall take affirmative
action to ensure that applicants are employed, and that
employees are treated during their employment without
regard to their race, religion, color, gender, national
origin, or physical or mental handicap. Such actions
shall include, but not be limited to the following:
employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in
conspicuous places available to employees and
applicants for employment, notices setting forth the
provisions of this non-discrimination clause. The
Contractor further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will
comply with this nondiscrimination clause.
23. TAXES
The City of Tamarac is exempt from all Federal, State,
and Local taxes. An exemption certificate will be
provided where applicable upon request.
24. OMISSION OF DETAILS
Omission of any essential details from these
specifications will not relieve the Bidder of supplying
such product(s) as specified.
25. INSURANCE REQUIREMENTS
Bidder 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.
Bidder shall obtain at Bidder's expense all necessary
insurance in such form and amount as required by the
City's Risk & Safety Officer before beginning work under
this Agreement. Bidder shall maintain such insurance in
full force and effect during the life of this Agreement.
Bidder shall provide to the City's Purchasing Division
certificates of all insurance required under this section
prior to beginning any work under this Agreement.
Bidder shall indemnify and save City harmless from any
of Tamarac
damage resulting to it for failure of either Bidder or any
subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of
insurance coverage, which the Bidder agrees to maintain
during the term of this contract:
Line of Business/
Coverage Occurrence Aggregate
Commercial $1,000,000 $1,000,000
General Liability
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 $1,000,000
Statutory
Workers'
Compensation &
Employer's Liability
Builder's Risk Insurance is required in an amount not less
than the replacement cost for the construction of the work.
Coverage shall be "All Risk" coverage for one hundred
(100%) of the completed value.
City reserves the right to require higher limits depending
upon the scope of work under this Agreement.
Neither Bidder nor any subcontractor shall commence work
under this contract until they have obtained all insurance
required under this section and have supplied City with
evidence of such coverage in the form of an insurance
certificate and endorsement. Bidder will ensure that all
subcontractors will comply with the above guidelines and
will maintain necessary coverage through term of Agmt.
All insurance carriers shall be rated at least A-VII per A.M.
Best's Key Rating Guide and be licensed to do business in
Florida. Policies shall be "Occurrence" form. Each carrier
will give City sixty (60) days notice prior to cancellation.
Bidder's liability insurance policies shall be endorsed to add
Tamarac as an "additional insured". Bidder's Worker's
Compensation carrier will provide a Waiver of Subrogation
to City. Bidder shall be responsible for the payment of all
deductibles and self -insured retentions. City may require
that the Bidder purchase a bond to cover the full amount of
the deductible or self -insured retention. If the Bidder is to
provide professional services under this Agreement, Bidder
must provide 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.
F��lil�] dili111L«7 C�]►I
The Bidder shall indemnify and hold harmless the City of
Tamarac, its elected and appointed officials and employees
from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' 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 the operations of the Bidder or his Subcontractors,
agents, officers, employees or independent contractors,
and Contracts Envision
excepting only such loss of life, bodily or personal injury,
or property damage solely attributable to the gross
negligence or willful misconduct of the City of Tamarac
or its elected or appointed officials and employees.
27. CLARIFICATION & ADDENDA
Where there appears to be variances or conflicts
between General Terms & Conditions and the Special
Conditions and/or Detailed Specifications outlined in this
bid, the Special Conditions and/or the Detailed
Specifications shall prevail.
Bidder shall examine all bid documents and shall judge
all matters relating to the adequacy and accuracy of
such documents. If, upon review, any material errors in
specifications are found, Bidder shall contact the
Purchasing Office immediately. Any inquires,
suggestions, requests concerning clarification, or
requests for additional information shall be submitted in
writing to Purchasing & Contracts Manager.
Tamarac reserves the right to amend this bid prior to Bid
opening date indicated by written addenda. Written
addenda shall serve as the sole means of clarification.
City shall not be responsible for oral interpretations
given by any City employee or its representative.
28. BID TABULATION
Bidders may download the bid tabulation on-line at
http://www.tamarac.ora/Dept/fin/purch/resuIts.html. The
City does not notify unsuccessful Bidders of contract
awards.
Pursuant to Florida Statute Chapter 119, Section 7(m),
sealed bids or proposals received by an agency
pursuant to invitations to bid or requests for proposals
are exempt from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution until such time as
the agency provides notice of a decision or intended
decision pursuant to F.S. §120,57(3)(a), or within 10
days after bid/proposal opening, whichever is earlier.
29. RECORDS/AUDITS
The Contractor shall maintain during the term of the
contract all books, reports and records in accordance
with generally accepted accounting practices and
standards for records directly related to this contract.
The form of all records and reports shall be subject to
the approval of the City's Auditor. The Contractor
agrees to make available to the City's Auditor, during
normal business hours and in Broward, Dade or Palm
Beach Counties, all books of account, reports and
records relating to this contract for the duration of the
contract and retain them for a minimum period of one
(1) year beyond the last day or the contract term.
30. UNBALANCED BIDS
When a unit price bid has variable or estimated
quantities, and the bid shows evidence of unbalanced
bid pricing, such bid may be rejected.
Where a discrepancy between unit price and total
price is indicated on a Bidder's submitted Schedule of
Bid Prices or Price Proposal Form, the unit prices
shall prevail.
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City of Tamarac F't tchasinq and Contracts Division
INVITATION TO BID
�17 ► C��Tii 6T� =7
Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac,
Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue,
Room 108, Tamarac, Florida 33321 until 3:00 pm local time September 21, 2011 at
which time bids will be publicly opened and announced for the Tamarac Sports Complex
Amenity Improvements Project.
All bids received after the date and time stated above will be returned unopened to the
Bidder. All Bidders are invited to attend the opening.
Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening
deadline. Late bids will not be accepted. Two (2) photocopies should accompany your
original. Bids shall be submitted on the official Bid Forms furnished with this bid package;
and those submitted otherwise will not be considered responsive. The submittal should be
plainly marked "TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS
PROJECT" on the outside of the sealed envelope.
Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond
in the amount not less than 5% of the total bid price payable to the City of Tamarac as
guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement.
A Pre -Bid Conference will be held Tuesday September 6, 2011 @ 11:00AM, located at
7525 NW 88th Avenue, Tamarac, Florida 33321, Room 105. All parties interested in
bidding on this project should attend this meeting. The work to be performed consists of
furnishing all labor, materials, tools, and equipment necessary, as indicated in the
specifications herein, the TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS
PROJECT. Work for this project includes, but is not limited to the construction and
installation of a twenty-four foot all -steel hexagon gazebo, all -steel covered picnic shelters,
recycled material picnic tables, recycled material trash receptacles, concrete slabs, and
concrete sidewalks, as well as all appurtenances and other incidentals as indicated by the
drawings and technical specifications or as required to properly complete the project as
intended. City reserves the right to accept or reject any or all bids, or any part of any bid,
to waive any informalities, and to award in the best interest of the City of Tamarac. Bid
documents will be available for review and purchase for $50.00 per set in the Purchasing
Office, Room 108. This fee is payable by cash or check made out to the City of Tamarac.
For all inquiries, you may contact the Purchasing Office at (954) 597-3570. For technical
issues, direct questions in writing, to the Project Manager, Dave Moore via email to
davem tamarac.or . Be sure to include the Project Name and Bid Number on all
correspondence.
Jim Nicotra, CPPB
Senior Procurement Specialist
0 Publish Sun Sentinel: Sunday, August 28 and Sunday September 4
City of Tamarac TABLE OF CONTENTS Purchasing and Contracts Division
Bid No. 11-26B
General Terms and Conditions ................... — ...................................................................
Invitationto Bid.................................................................................................................... 7
Tableof Contents................................................................................................................ 8
Project Drawing Reference.................................................................................................. 9
Instructionsto Bidders..................................................................................................10-11
SpecialConditions ........................... ............................................................................. 12-17
SpecialProvisions........................................................................................................18-39
Bid Coversheet Checklist.................................................................................................. 40
Bid Form and Schedule of Bid Prices❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ .. SCH-1 — SCH-6
Non -Collusive Affidavit................................................................................................. 42-43
Certification....................................................................................................................... 44
Bidder's Qualification Statement....................................................................................... 45
References........................................................................................................................ 46 •
Vendor Drug -Free Workplace............................................................................................ 47
List of Subcontractors........................................................................................................ 48
CertifiedResolution........................................................................................................... 49
Trench Safety Form❑ ❑................................................................................ ❑ ❑ ❑ ❑ ❑ ..50
BidBond....................................................................................................................... 51-52
FormPayment Bond.................................................................................................... 53-55
Form Performance Bond.............................................................................................. 56-60
Applicationfor Payment..................................................................................................... 61
ChangeOrder.................................................................................................................... 62
Final Release of Lien by Contractor............................................................................. 63-64
Sample Form of Agreement......................................................................................... 65-75
8
City of Tamarac
0PROJECT DRAWINGS
SHEET DRAWING TITLE
CO COVER SHEET
C1 PLAN AND DETAILS
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and Contracts Division
City of Tamarac Purchasing and Contracts Division
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BID NO. 11-26B .
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
It is the intent of the City to award this bid to the lowest responsible and responsive bidder.
The City reserves the right to accept or reject any or all bids and to waive any informality
concerning the bids when such rejection or waiver is deemed to be in the best interest of
the City.
DESCRIPTION OF WORK
Bids are hereby requested from qualified Contractors for the construction of the TAMARAC
SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT. Contract Work for this
project includes, but is not limited to the construction and installation of a twenty-four foot
all -steel hexagon gazebo, all -steel covered picnic shelters, recycled material picnic tables,
recycled material trash receptacles, concrete slabs, and concrete sidewalks, as well as all
appurtenances and other incidentals as indicated by the drawings and technical
specifications or as required to properly complete the project as intended.
A. LICENSES
To be eligible for award of this project, the Contractor must possess at time of bid opening,
one of the following State Certified and/or County Competency licenses; or any license
that can meet, exceed, or legally perform the scope of work will be acceptable, as
determined by state or county licensing agency. See Page SCH-1 for additional
experience requirements.
State: Certified General Contractor License, as defined by F.S. 489.105
Occupational license must be in effect as required by Florida Statute §205.065.
B. DELIVERY - LIQUIDATED DAMAGES
Upon failure of the Contractor to complete the project within the specified time frame (plus
approved extensions, if any) the Contractor shall pay to the City the sum of two hundred
fifty dollars ($250.00) for each calendar day after the time specified for completion and
readiness for final payment. This amount is not a penalty but liquated damages to City.
Liquidated damages are hereby fixed and agreed upon between the parties, recognizing
the impossibility of precisely ascertaining the amount of damages that will be sustained by
the City as a consequence of such delay, and both parties desiring to obviate any question
of dispute concerning the amount of said damages and the cost and effect of the failure of
the Contractor to complete the Contract on time. City shall have the right to deduct from
and retain out moneys which may be due or which may become due and payable to
Contractor. The amount of such liquidated damages and if the amount retained by City is
insufficient to pay in full such liquidated damages, Contractor shall pay in full such
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City of Tamarac
and Confrads Division
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liquidated damages. Contractor shall also be responsible for reimbursing City the total of
all monies paid by the City to the engineer for additional engineering, inspection and
administrative services until the work is complete.
C. CONTACT INFORMATION
For technical inquiries, contact the Project Manager, Dave Moore, Public Works
Department, at (954) 597-3725. For non -technical inquiries, contact the Purchasing Office
at (954) 597-3570.
Balance of page intentional left blank
11
of Tamarac PUt'clrasl g and Contracts Division
0
SPECIAL CONDITIONS
BID 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
1. BID GUARANTY
An acceptable Bid Bond, Cashier's Check, money order, irrevocable letter of credit or
Certified Check payable to the City of Tamarac in an amount not less than 5% (five percent)
of the bid price, must accompany the bid. Additional bonding may be required in the Special
Terms and Conditions of this bid. The Bond must be executed by a surety company
authorized to do business in the State of Florida or secured in a manner satisfactory to the
City of Tamarac. Upon award of the Contract, Payment and Performance Guaranty in the bid
award amount will be required within (15) calendar days of award and shall continue in effect
until the contract expiration.
2. ASSIGNMENT OF CONTRACT
Neither this contract, nor any portion thereof, shall be assigned, except by formal approval
of the City Commission. No such approval will be construed as making the City a part of or
to such assignment, or subjecting the City to liability of any kind to any assignee. No
subcontract or assignment shall, under any circumstances, relieve the Contractor of his
liability and obligation under this contract, and despite any such assignment, the City shall
deal through the Contractor only. However, if the company is sold during the life of the
contract, the buying agent must provide the City with a letter signed by an officer of the
new owner that can legally bind the company, stating that they will continue to perform the
requirements of the contract under all the terms, conditions, and specifications so stated in
the contract.
3. CONTRACTOR'S RESPONSIBILITY
Contractor shall provide sufficient manpower so as to perform work safely and
expeditiously with all equipment plainly marked with the company name. All equipment
provided pursuant to this agreement shall be in good and proper working order.
No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made
with the prior approval of the City in writing. The Contractor shall provide a qualified
superintendent present on the site at all times, as a fully authorized agent of the
Contractor, and capable of making on -site decisions. It shall be the responsibility of the
Contractor to remove from the job site and properly dispose of all residues at the end of
each and every workday. Any materials or equipment left on site shall be secured by the
Contractor, who is fully and totally responsible for security.
Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of
the Contractor. Any material left on site overnight shall be properly marked and identified in
order to ensure public safety. 0
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City of Tamarac: IPurchasing and Contracts Division
0 . ... .. ........... - --- --------- . ..... ---
4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities,
irrigation systems, windows, and vehicles on or around the job site. Damage to public
and/or private property shall be the responsibility of the Contractor and shall be repaired
and/or replaced in equal or better condition at no additional cost to the City. The Contractor
shall use all means to protect existing objects, structures and vegetation designated to
remain. In the event of damage, immediately make all repairs, replacements and dressings
to damaged materials, to the approval of the City, at no additional cost to the City. In the
event of damage to public and/or private property, the Contractor shall immediately contact
the City's Public Works Department by telephone at (954) 597-3700 and inform the
appropriate staff member about the location and extent of the damages.
5. PERMITS AND LICENSES
The Contractor shall be responsible for securing all necessary City, County, State,
and Federal permits for this work. The successful Contractor shall submit copies of
all permits required for this work. Contractor shall be responsible to secure the
necessary permits from other agencies, not previously listed above, as may be
required. Cost of any required permit from City and other agencies will be
reimbursed, except for the 1 % Public Art Fee, by City without markup, for properly
submitted invoices. Public Art fee is based off of the cost of the Building Permit fee.
6. SITE INSPECTION -- CITY
All work will be conducted under the general direction of the Public Works Department,
and Building Department of the City of Tamarac, and is subject to inspection by the
appointed inspectors to ensure compliance with the terms of the contract. No inspector is
authorized to change any provision of the specifications without written authorization from
the aforementioned agencies nor shall the presence or absence of an inspector relieve the
Contractor from any requirements of the contract.
Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00
PM) must be inspected. If any work is done outside of normal working hours, the City
inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a
City contract/consultant inspector is used, the Contractor will compensate that inspector at
the same cost as the City's cost. In addition, the City inspector must be onsite at least one
(1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the
City inspector will be compensated at the above provision.
7. SUBMITTALS
Contractor shall submit all required forms and documents as required by this contract
including but not limited to bonds, insurance certificates and any required drawings within
15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or
permits within (15) days of the Notice to Proceed.
8. WAIVER OF LIENS
• Prior to Final Payment of Contract Sum, a final waiver of lien shall be submitted by all
Suppliers, Subcontractors, and Contractors who worked on the project that is subject of
City of Tamarac IPurchasing and Contracts Division
the Agreement. Payment of invoice and acceptance of such payment by Contractor shall
release CITY from all claims of liability to Contractor in connection with the Agreement.
All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All
delivery costs and charges must be included in the bid price. Project substantial
completion shall be within (60) calendar days from Contractor's receipt of City's Notice to
Proceed. Final completion shall be (30) calendar days from date of substantial completion.
10. PAYMENT
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of 10% will be deducted from monthly payment up to 50% of project
completion followed by 5% thereafter. Retainage monies will be released upon satisfactory
completion and final inspection of the specific work order. Invoices must bear the project
name, project number, bid number and purchase order number. The City has up to thirty
(30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice
the City and provide a written request to the City to commence the one-year warranty
period. All necessary Release of Liens and Affidavits shall be processed before the
warranty period.
11. CONTRACT DOCUMENTS
The contract documents shall consist of the Standard Form of Agreement, Bid Proposal
executed and submitted by the Contractor, plans and specifications (where applicable), •
any addenda or change orders, bond(s), insurance certificate(s), and the City's Resolution
awarding the bid and all required supplemental documents, forms and/or reports.
12. CHANGE ORDERS
Without invalidating the contract, without any monetary compensation, and without notice
to any surety, the City reserves and shall have the right to make increases, decreases or
other changes to the work as may be considered necessary or desirable to complete the
proposed construction in a satisfactory manner. The Contractor shall not start work
pursuant to the change order until a change order setting forth the adjustments is
approved by the City, and executed by the City and Contractor. Once the change order is
so approved, the Contractor shall promptly proceed with the work.
13. CHANGES IN THE WORK/CONTRACT PRICE
13.1 CONTRACT PRICE
The Contract price shall equal the unit price by the unit amount of work performed
(subject to authorized adjustments, if applicable) payable to the Contractor for
performing the work. All duties, responsibilities and obligations assigned to or
undertaken by the Contractor shall be at his expense without change in the Contract
Price or Time except as approved in writing by the Engineer/Project Manager.
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City of Tamanac Purchasing and Contracts Division
13.2 CHANGE ORDER
The Contract Price and/or Time may only be changed by a Change Order.
A fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price shall be
based on written notice delivered by the party making the claim to the other party
promptly (but in no event later than 15 days) after the occurrence of the event giving
rise to the claim and stating the general nature of the claim. The amount of the
claim with supporting data shall be delivered (unless the Owner/Engineer allows an
additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts to which the claimant is entitled as a result of the
occurrence of said event. No claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this Paragraph.
14. CHANGES IN CONTRACT TIME
14.1 CHANGE ORDER
The Contract Time may only be changed by a Change Order. A fully executed
change order must exist prior to extension of the contract time.
14.2 Notice
Any claim for an increase or decrease in the Contract Time shall be based on
written notice delivered by the party making the claim to the other party promptly
(but in no event later than 15 days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Contractor hereby agrees to
waive rights to recover any lost time or incurred costs from delays unless Contractor
has given the notice and the supporting data required by this Paragraph.
14.3 Basis for Extension
Extensions of time shall be considered and will be based solely upon the effect of
delays to the work as a whole. Extensions of time shall not be granted for delays to
the work, unless the Contractor can clearly demonstrate that such delays did or will,
in fact, delay the progress of work as a whole. Time extensions shall not be allowed
for delays to parts of the work that are not on the critical path of the project
schedule. Time extensions shall not be granted until all float or contingency time, at
the time of delay, available to absorb specific delays and associated impacts is
used.
i&AWli11IVA K612d16R,I
In the event satisfactory adjustment cannot be reached by City and Contractor for any item
requiring a change in the contract, and a change order has not been issued, the City
reserves the right at its sole option to terminate the contract as it applies to these items in
question and make such arrangements as City deems necessary to complete the work.
The cost of any work covered by a change order for an increase or decrease in contract
price shall be determined by mutual acceptance of a lump sum by City and Contractor. If
notice of any change in the contract or contract time is required to be given to a surety by
1 c>
City of Tamarac Purchasing and Contracts Division .
the provisions of the bond, the giving of such notice shall be the Contractor's responsibility,
and the amount of each applicable bond shall be adjusted accordingly. The Contractor
shall furnish proof of such adjustment to CITY. Failure of the Contractor to obtain such
approval from the Surety may be a basis for termination of this Contract by CITY.
16. BONDS
The Contractor shall furnish separate Performance and Payment Bonds in the amount of
100% of the total bid award as security for the faithful project performance and payment of
all of the Contractor's obligations under the contract documents. At the completion and
formal approval and acceptance of all work associated with specific work performed, a one
year warranty period will begin. If the surety on any bond furnished by the Contractor is
declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida,
the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the
requirements outlined above, which must also be acceptable to the City.
17. PERFORMANCE, PAYMENT AND WARRANTY BONDS
Within fifteen (15) calendar days after the contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish CITY a Performance
Bond and Payment Bond, each written by a corporate surety, having a resident agent in
the State of Florida and having been in business with a record of successful continuous
operation for at least five (5) years. The surety shall hold a current certificate of authority
from the Secretary of Treasury of the United States as an acceptable surety on federal
bonds in accordance with United States Department of Treasury Circular No. 570. The
Contractor shall be required to provide acceptable, separate Performance and Payment
Bonds in the amount of 100% of the bid award. The Performance Bond shall be
conditioned that the Successful Bidder performs the contract in the time and manner
prescribed in the contract. The Payment Bond shall be conditioned that the Successful
Bidder promptly make payments to all persons who supply the Successful Bidder in the
prosecution of the work provided for in the contract and shall provide that the surety shall
pay the same in the amount not exceeding the sum provided in such bonds, together with
interest at the maximum rate allowed by law and that they shall indemnify and save
harmless the CITY to the extent of any and all payments in connection with the carrying
out of said contract which the CITY may be required to make under the law. Payment and
Performance Bonds must be submitted on City forms, included herein.
Such bonds shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with the
final sum of said bonds reduced after final payment to an amount equal to twenty five
percent (25%) of the Contract price, or an additional bond shall be conditioned that the
Successful Bidder correct any defective of faulty work or material which appear within one
(1) year after final completion of the Contract, upon notification by CITY. The Warranty
Bond shall cover the cost of labor as well as materials.
18. LOCATION OF EXISTING UTILITIES
Existing utilities may be shown on the drawings. Such information is shown for design
purposes and the existing and detail given is information that is obtained during the design
period and is not necessarily complete, correct or current. Prior to commencement of
construction, Contractor is responsible for locating existing city utilities affected by the
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City of Tamarac _._.----T-- Purchasing and Contracts Division
construction in the field. Such utilities include but are not limited to water mains, force
mains, gravity sewers, pump stations, storm sewers and drain systems, and irrigation. The
City will provide to Contractor available construction drawings for locating existing city
utilities. However, City cannot guarantee the accuracy of drawings or any information
related to existing utilities and City will not assume responsibility or liability for damage
resulting from Contractor incorrectly locating existing utilities.
Damage to any of City's utilities incorrectly located by Contractor or his agents shall be the
responsibility of Contractor and shall be repaired and or replaced to equal or better
condition at Contractor's expense.
Contractor shall also be liable for all damages and claims against or by City arising in any
way from damage or interference with such utilities.
No additional compensation shall be allowed to Contractor for any delays, inconvenience
or damage sustained by him due to interference and/or incorrectly locating such utilities or
appurtenances.
Numerous utilities not owned by City exist within the project area that may or may not have
been depicted on the drawings. Contractor shall exercise care in digging and other work
so as to not damage existing utilities including overhead utilities and underground cables
and pipes. Contractor is also responsible for contacting the Sunshine State One Call
Center of Florida (Sunshine) 1-800-432-4770 to determine location of underground utilities.
Calls to Sunshine must be made at least 48 hours before digging but not more than five (5)
days prior. Contractor is responsible for renewing locates if job extends beyond marking
period established by Sunshine. Any utility in the vicinity that is not a member of the
Sunshine Service must be notified directly.
Should any underground obstructions be encountered which interfere with the work, City
shall be notified at once. Contractor shall be responsible for the immediate repair of any
damage caused by the work, and shall be responsible for any disruption of service caused
by this damage.
iLII 016]►1J11[0ILIA 1111:ION 63111►IC111dIIIIINdI*-11
Upon completion of locating existing utilities affected by the proposed construction by
Contractor, and prior to commencement of construction, Contractor shall examine the
alignment of proposed work to be constructed and identify any conflicts with existing
utilities. If such conflicts exist, Contractor shall undertake accurate surveys to determine
elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7)
working days prior to the scheduled construction. Engineer/Project Manager may revise
the proposed design or recommend ways and means to avoid such conflicts. Contractor
may re -schedule his work so that the construction can be completed on time. No claim for
down times by the Contractor shall be allowed.
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City of Tamarac, � Purchasing and Contracts Division
SPECIAL PROVISIONS
BID 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
1. PURPOSE OF BID
The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT.
2. BASIC DEFINITIONS
Wherever used in the Agreement or in other Contract Documents, the following terms have
the meanings indicated, which are applicable to both the singular and plural of each:
2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids
which clarify, correct, or change the bidding requirements or the contract
document.
2.2 Agreement — The written agreement between the City and the Contractor
covering the Work to be performed including other Contract Documents that
are attached to the Agreement and made a part thereof. 0
2.3 Application for Payment — the form acceptable to the Engineer/Project
Manager which is used by the Contractor during the course of the work in
requesting progress or final payments and which is accompanied by such
supporting documentation as is required by the Contract Documents.
2.4 Change Order — A document that is signed by the Contractor and the City
and authorizes an addition, deletion or revision in the Work within the general
scope of this Agreement, or an adjustment in the Contract Price or the
Contract Time, issued on or after the Effective Date of the Agreement.
2.5 City — The City of Tamarac, Florida. Also referred to as Owner.
2.6 Contract Documents — The contract documents consist of this Agreement,
conditions of the contract (General, Supplementary and other Conditions),
drawings, specifications of Bid No. 11-26B, all addenda issued prior to, all
modifications issued after execution of this Agreement, Notice of Award,
Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional
modifications and supplements, Change Orders and Work directive changes
issued on or after the effective date of the Contract. These contract
documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2.7 Contract Times — the number of consecutive calendar days stated in the
Contract Documents to achieve substantial completion and/or complete the
Work so that it is ready for final payment as evidenced by the
Engineer/Project Managers written recommendation of final payment.
18
Cif ,� of Tarna)'ac.
Purchasing and Contracts Division
2.8
Defective — An adjective which when modifying the Work refers to Work that
is unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference
standard, test or approval referred to in the Contract Documents, or has been
damaged prior to final payment.
2.9
Drawings — The drawings that show the character and scope of the Work to
be performed and which are referred to in the Contract Documents.
2.10
Effective Date of the Agreement — The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the date
on which the Agreement is signed and delivered by the last of the two parties
to sign and deliver.
2.11
Engineer/Project Manager — The City's authorized project representative.
The words "Engineer" and "Engineer/Project Manager" are used
interchangeably.
2.12
Field Order — A written order issued by the Engineer/Project Manager that
requires minor changes in the Work but does not involve a change in
Contract Price or Contract Time.
2.13
FDOT — the State of Florida Department of Transportation
2.14 Milestone — A principal event specified in the Contract Documents relating to
an intermediate complete date or time prior to Substantial Completion of all
the Work.
2.15 Notice to Proceed --- A written notice given by the City to the Contractor
fixing the date on which the Contract Time will commence to run and on
which the Contractor shall start to perform the Contractor's obligations under
the Contract Documents.
2.16 Project — the total construction for which the Contractor is responsible under
this agreement, including all labor, materials, equipment and transportation
used or incorporated in such construction.
2.17 Specifications — Those portions of the Contract Documents consisting of
written technical descriptions of materials, equipment, construction systems,
standards and Workmanship as applied to the Work and certain
administrative details applicable thereto.
2.18 Subcontractor — An individual, firm or corporation having a direct Contract
with the Contractor or with any other Subcontractor for the performance of a
part of the Work at the site.
2.19 Substantial Completion — "Substantial Completion" means the finishing or
accomplishing of substantial performance of the Work as proscribed in the
Contract Documents. "Substantial Performance" means there has been no
willful departure from the terms of the Contract Documents and the Work has
been honestly and faithfully performed in its material and substantial
particulars. The term "Final Completion" means City's acceptance of the job.
2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or
40 vendor.
2.21 Unit Price Work — Work to be paid for on the basis of unit prices.
?9
of Tamarac Purchasing and Contracts Division •
2.22 Work — The entire completed construction or the various separately
identifiable parts thereof required to be provided under the Contract
Documents. Work is the result of performing services, specifically, including
but not limited to construction, furnishing labor, testing, documentation,
equipment and materials used or incorporated in the construction of the
entire Contract Documents. The words "Project" and "Work" are used
interchangeably.
2.23 Work Change Directive — A written directive to the Contractor issued on or
after the effective date of the Agreement and signed by the City and
recommended by the Engineer/Project Manager ordering an addition,
deletion or revision in the Work. A Work Change Directive shall not change
the Contract price or time, but is evidence that the parties expect that the
change directed or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following negotiations
by the parties as to its effect, if any, on the Contract Price or Contract Time.
2.24 Written Amendment --- A written amendment of the Contract Documents,
signed by the CITY and the Contractor on or after the Effective Date of the
Agreement and normally dealing with the non -Engineering, or non -technical
aspects rather than strictly Work related aspects of the Contract Documents.
3. ENUMERATION OF CONTRACT DOCUMENTS
If any portion of the Contract Documents appears to be in conflict with any other portion,
the various documents comprising the Contract Documents shall govern in the following Is
order of precedence:
1. The Contract Drawings
2, The City's Special Provisions
3. The City's Special Conditions
4. The City's Instructions to Bidders and General Terms and Conditions
5. The Sample Form Agreement
As between schedules and information given on Drawings, the schedules shall govern; as
between figures given on Drawings and scale measurements, the figures shall govern; as
between large-scale drawings and small-scale drawings, the larger scale drawings shall
govern.
4. INTENT
It is the intent of the Contract Documents to describe a functionally complete Project in
accordance with the Specifications. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the
intended result will be supplied whether or not specifically called for. When words that
have a well-known technical or trade meaning are used to describe Work, materials or
equipment such words shall be interpreted in accordance with that meaning. Reference to
standard specifications, manuals or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether such
reference be specific or by implications, shall mean the latest standard specification,
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City of Tarnaeac Purchasingand Contracts Division
manual, code or laws or regulations in effect at the time of contract award, except as may
be otherwise specifically stated. However, no provision of any referenced standard
specification, manual or code (whether or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the duties and responsibilities of the
City, the Contractor, or any of their consultants, agents or employees from those set forth
in the Contract Documents.
5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS
In addition, the requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Work may be authorized in one or more of the following
ways:
5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or
5.2 The Engineer/Project Manager's written interpretation or clarification.
6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY
6.1 The Contractor shall provide sufficient manpower so as to perform work
safely and expeditiously with all equipment plainly marked with the company
name. All equipment provided pursuant to this agreement shall be in good
and proper working order.
6.2 The Contractor shall provide a qualified, English speaking, superintendent
present on the site at all times. The superintendent shall be a fully authorized
agent of the Contractor, and have full authority to make on -site decisions and
commitments regarding the Contractors Work.
6.3 The superintendent shall be satisfactory to the City and shall not be changed
except with consent of the Engineer/Project Manager.
6.4 The Contractor shall assign to the work site at least one (1) supervisor at all
time capable of making field decisions, interpreting plans, etc. The Contractor
shall also provide suitable personnel who shall be available after work hour
emergencies and capable of making appropriate decisions. The Contractor
shall supply competent and physically capable employees having the
requisite skill and experience to perform the work in a workmanlike manner.
The City may require the Contractor to remove any employee working for or
under the Contractor that the City deems careless, incompetent,
insubordinate or otherwise objectionable. The Contractor shall be
responsible to the City for the acts and omissions of all subcontractors and
personnel working under the Contractor.
6.5 The Contractor shall be aware that the job may be subject to vehicular and
pedestrian traffic at all times of the day and night.
6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the
responsibility of the Contractor. Any material left on site overnight shall be
properly marked and identified in order to ensure public safety.
6.7 The Contractor is responsible for familiarizing itself with the nature and extent
of the Contract Documents, the Work, the locality, and with all local
conditions, verifying all pertinent figures and applicable field measurements,
and federal, state, and local laws, ordinances, rules and regulations that in
any manner may affect cost, pro ress, or performance of the Work. The
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Contractor is responsible for making or causing to be made any
examinations, investigations, tests and studies as it deems necessary for the
performance of the Work at the Contract Price, within the Contract Time, and
in accordance with other terms and conditions of the Contract Document.
6.8 Before beginning the Work or undertaking each component part of the Work,
The Contractor shall carefully study the Contract Documents, Special
Conditions, Technical Specification, all pertinent figures and site conditions.
The Contractor shall promptly report in writing to the Engineer/Project
Manager and the City any conflict, error or discrepancy which the Contractor
may discover and shall obtain a written interpretation or clarification from the
Engineer/Project Manager before proceeding with any Work affected
thereby.
6.9 Unless otherwise provided in the Contract Documents, the Contractor shall
provide or cause to be provided and shall pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation and other facilities and services necessary for proper
execution and completion of the work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
6.10 The Contractor shall be responsible for and shall coordinate all construction
means, methods, techniques, sequences and procedures.
6.11 The Contractor shall keep the City and the Engineer/Project Manager
informed of the progress and quality of the Work.
6.12 If requested in writing by the Contractor, the City, with reasonable
promptness and in accordance with time limits agreed upon, shall interpret
the requirements of the Contract Documents and shall decide (subject to
other provisions in the Contract Documents governing claims, disputes and
other matters in question) matters relating to performance. Such
interpretations and decisions shall be in writing.
6.13 The Contractor shall correct all Work, which does not conform to the Contract
Documents.
6.14 The Contractor warrants to the City that materials and equipment
incorporated in the work will be new unless otherwise specified, and that the
Work will be of good quality, free from faults and defects, and in conformance
with the Contract Documents.
6.15 The Contractor shall pay all applicable sales, consumer, use and similar
taxes, and shall secure and pay for permits and governmental fees, licenses
and inspections necessary for the proper execution and completion of the
Work. The Contractor shall identify all governmental authorities and
agencies having jurisdiction to approve the construction, and obtain all
permits and approvals with such governmental authorities as have
jurisdiction, and assist the City in consultations with appropriate
governmental authorities and agencies in obtaining all permits and
approvals.
6.16 Without limiting the foregoing, the Contractor shall pay all fees, costs, and
expenses in connection with the applications, processing, and securing of
approvals or permits, not previously obtained by the owner or its agent,
City of %arnarac: Purchasing and Contracts Division
from all governmental authorities which have jurisdiction over all aspects of
this Work except City permits and fees which shall be waived except for so
much of said fees as the City is required to remit to other governmental
agencies.
6.17 The Contractor shall give notices and comply with laws, ordinances, rules,
regulations and lawful orders of public authorities relating to the Project.
6.18 The Contractor shall be responsible to the City for acts and omissions of the
Contractor's employees and parties in privity of contract with the Contractor
to perform any portion of the Work, including their agents and employees.
6.19 The Engineer/Project Manager shall prepare Change Orders for the City's
approval and execution in accordance with the Contract Documents. Any
work, which is commenced without a Change Order or Work Directive being
approved, shall constitute a waiver of any claim of compensation for such
work. All Change Orders must be approved by the City Manager or designee
identified as such in writing.
6.20 The Contractor shall maintain in good order when present at the site one
record copy of the drawings, specifications, product data, samples, shop
drawings, Change Orders and other Modifications marked currently to record
changes made during construction. These shall be delivered to the City
upon completion of the construction and prior to final payment.
6.21 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed
as a result of any work within the scope of this contract to ail applicable
codes and City standards.
7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT
7.1 The Contractor shall be familiar with the total scope of the project prior to
commencement of any work. In case of any questions or conflict, they must
be brought to the attention of the Engineer/Project Manager prior to any
work. If further assistance is needed, the Contractor may contact the
Director of Public Works. The City shall not be responsible for the
Contractor's failure to comply with this requirement.
7.2 The Contractor shall be responsible for repair and restoration of all utilities or
any other items damaged during the Work.
7.3 By execution of the Agreement, The Contractor acknowledges that all
requirements and conditions necessary to fulfill this Contract have been met.
No contract adjustments shall be allowed for concealed site conditions.
8. SHOP DRAWINGS AND SAMPLES
8.1 The Contractor shall submit to The Engineer/Project Manager for review and
approval three (3) copies of all Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured
articles. The purpose of the Shop Drawing is to show the suitability,
efficiency, technique -of -manufacture, installation requirements, detail of the
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of Tamarac IPurchasing and Contracts Division
item and evidence of compliance with the Contract Documents. The data
shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials and similar
data to enable the Engineer/Project Manager to review the information as
required.
8.2 The Contractor shall also submit to the Engineer/Project Manager for review
and approval with such promptness as to cause no delay in Work, all
samples required by the Contract Documents and each sample shall be
identified clearly as to material, Supplier, pertinent data such as catalog
numbers and the use for which intended.
8.3 Before submission of each Shop Drawing or sample, the Contractor shall
have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings and samples and with the
requirements of the Work and the Contract Documents.
8.4 At the time of each submission, the Contractor shall give the
Engineer/Project Manager specific written notice of each variation that the
Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on
each Shop Drawing submitted to the Engineer/Project Manager for review
and approval of each such variation. Failure to point out such departures
shall not relieve the Contractor from his responsibility to comply with the
Contract Documents.
8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be
general and shall not relieve the Contractor of responsibility for the accuracy
of such drawings nor for the proper fittings and construction of the Work, nor
for the furnishing of material or Work required by the Contract Documents
and not indicated on the drawings. No Work called for by any Shop Drawing
shall be done until the Engineer/Project Manager has approved the drawings.
The costs incurred for the City Engineer/Project Manager's review of shop
drawings, substitutes, "or equal" items, or change orders shall be paid by the
Contractor.
9. SUBCONTRACTORS, SUPPLIERS AND OTHERS
9.1 The Contractor shall furnish, in writing on the form included, the names of
persons or entities (including those who are to furnish materials or equipment.
fabricated to a special design) proposed for each principal portion of the
Work. The Contractor shall not change a Subcontractor, person or entity
previously selected if the City makes reasonable objection to such change.
9.2 The Contractor shall be fully responsible to the City for all acts and omissions
of the Contractor's employees, subcontractors, suppliers and other persons
directly or indirectly employed by his subcontractors, suppliers and of
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persons whose acts any of them may be liable and any other persons and
organizations performing or furnishing of the Work under a direct or indirect
contract with the Contractor. Nothing in the Contract Documents shall create
any Contractual relationship between the City and any such subcontractor,
supplier, or other person or organization, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any
such subcontractor, supplier, or other person or organization except as may
otherwise be required by laws and regulations.
10. CITY'S RESPONSIBILITIES
10.1 The City shall designate a representative authorized to act on the City's
behalf with respect to the Project. The City or such authorized representative
shall examine documents submitted by the Contractor and shall promptly
render decisions pertaining thereto to avoid delay in the orderly progress of
the Work.
10.2 The City may appoint an on -site Project representative to observe the Work
and to have such other responsibilities as the City and the Contractor agree
in writing prior to execution of this Agreement.
10.3 The City shall cooperate with the Contractor in securing building and other
0 permits, licenses and inspections.
10.4 If the City observes or otherwise becomes aware of a fault or defect in the
Work or nonconformity with the Contract Documents, the City shall give
prompt written notice thereof to the Contractor.
10.5 The City shall furnish required information and services and shall promptly
render decisions pertaining thereto to avoid delay in the orderly progress of
the design and construction.
10.6 The City shall communicate with subcontractors only through the Contractor.
10.7 The City shall furnish data required of the City under the Contract Documents
promptly.
10.8 If the Work is defective, or the Contractor fails to supply sufficient skilled
Workers or suitable materials or equipment, or fails to furnish or perform the
Work in such a way that the completed Work will conform to the Contract
Documents, the City may order the Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however,
this right of the City to stop the Work shall not give rise to any duty on the
part of the City to exercise this right for the benefit of the Contractor or any
other party.
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City of Tamarac Purchasing and Contracts Division _....
11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES
11.1 The Engineer/Project Manager or his designee will be the City's
representative during the construction period and until final payment is made.
11.2 The Engineer/Project Manager will make visits to the site at intervals
appropriate to the various stages of construction to observe the progress and
quality of the executed Work and to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. The
Engineer/Project Manager's efforts will be directed toward providing for the
City a greater degree of confidence that the completed Work will conform to
the Contract Documents. On the basis of such visits and on -site inspections,
the Engineer/Project Manager shall keep the City informed of the progress of
the Work and shall endeavor to guard the City against defects and
deficiencies in the Work.
11.3 The Engineer/Project Manager will issue technical clarifications and
interpretations, with reasonable promptness. Should the Contractor fail to
request interpretation of items the Contractor determines to be questionable
in the Contract Documents neither the City nor the Engineer/Project Manager
would thereafter entertain any excuse for failure to execute the Work in a •
satisfactory manner based upon such a reason or claim.
11.4 The Engineer/Project Manager may authorize minor variations in the Work
from the technical requirements of the Contract Documents, which do not
involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These shall be
accomplished by a Field Order and will be binding on the City, and also on
the Contractor who shall perform the Work involved promptly.
11.5 The Engineer/Project Manager will have the authority to disapprove or reject
Work that the Engineer/Project Manager believes to be defective, and will
also have authority to require special inspections or testing of the Work
whether or not the Work is fabricated, installed or completed.
12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL
City will make every effort to provide suitable areas within or near the project site.
Restoration of all storage areas shall be Contractor's responsibility.
13. CLEANUP AND RESTORATION
13.1 During and after completion of all work, the Contractor shall be responsible
for all cleanup including but not limited to sweeping, cleaning and removal of
loose material. Leftover or excessive material, debris, etc. must be
completely removed from the work area and other affected areas at no
expense to the City at the end of work. It shall be the Contractor's
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City of Tamarac IPurchasing ai?d Contracts Division
responsibility to protect any debris from obstructing or getting into any
wastewater, water or stormwater conveyance system. If any grassed area is
disturbed, it shall be promptly restored at the Contractor's expense.
13.2 Cleanup shall be performed on a routine basis in order to facilitate the
maintenance of all work areas. Any damage to public or private property
resulting from improper or incomplete cleanup shall be the sole responsibility
of the Contractor as per Section 14, Damage To Public and/or Private
Property.
13.3 The Contractor shall be responsible for the proper and legal removal and
disposal of all construction debris.
13.4 The project site shall be maintained in a neat and clean manner, and upon
final cleanup, the project site shall be left clear of all surplus material and
debris. Paved areas shall be swept clean.
13.5 If the Contractor fails to properly maintain the site or perform required clean-
ups and debris removal the City shall place the Contractor on written notice
to perform required clean up. Contractor shall perform required clean up
within twenty-four (24) hours of receipt of the City's written notice.
13.6 In the event that the Contractor does not comply, the City may correct such
deficiencies. In such case, an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor costs of
correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover the amount of the deduction, the
Contractor shall pay the difference to the City.
14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities,
utilities, irrigation systems, windows, and vehicles on or around the job site.
Damage to public and/or private property shall be the responsibility of the
Contractor and shall be repaired and/or replaced in equal or better condition
at no additional cost to the City.
14.2 The Contractor shall use all means to protect existing objects, structures and
vegetation designated to remain.
14.3 In the event of damage, Contractor shall immediately make all repairs,
replacements and dressings to damaged materials, to the approval of the
City, at not additional cost to the City.
14.4 In the event of damage to public and/or private property, the Contractor shall
immediately contact the City's Public Works Department by telephone at
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Cify of Tamarac Purchasing and Contacts Division
(954) 597-3700 and inform the appropriate staff member about the location
and extent of the damages.
14.5 In the event that the Contractor does not immediately repair to the
satisfaction of the City damage to public and/or private property, the City may
correct such damage. In such case, an appropriate Change Order shall be
issued deducting from payments then or thereafter due the Contractor costs
of correcting such damage. If the payments then or thereafter due the
Contractor are not sufficient to cover the amount of the deduction, the
Contractor shall pay the difference to the City.
15. CONNECTION TO CITY WATER
The Contractor must also comply with all City of Tamarac Utility Department and Building
Department requirements, and contact these departments at least 48 hours prior to start of
work.
16. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES
Payment at the contract unit price shall be inclusive of all labor, materials, equipment, and
incidental items.
17. ACCEPTANCE OF WORK 0
Acceptance shall be based upon satisfactory completion, material test results,
performance and appearance of the Work after the materials have established, been
placed or found to be in good operating order. Prior to final acceptance, the Contractor
shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area
that is found to be of an unsatisfactory condition shall be rejected and shall be removed
and restored by the Contractor at no expense to the City.
18. TESTS AND INSPECTIONS
18.1 The Contractor shall give the City timely notice of readiness of the Work for
all required inspections, tests or approvals. The Contractor shall assume full
responsibility, pay all costs in connection therewith and furnish the City the
required certificates of inspection, testing or approval for all materials,
equipment for the Work and any part thereof unless otherwise specified
herein.
18.2 The City inspectors shall have no authority to permit deviations from or to
relax any of the provisions of the Contract Documents, or to delay the
Agreement by failure to inspect the materials and Work with reasonable
promptness.
18.3 The payment of any compensation in any form, or the giving of any gratuity
or the granting of any favor by the Contractor to any inspectors, directly or
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City of 7rrrrrPurchasing and Contracts Division
indirectly is strictly prohibited and any such action on the part of the
Contractor will constitute a breach of this Agreement.
iiP0101VNX011N]►to] :1:741JXT/11196]29]219x011V/:a'JLe7:1N
19.1 The Contractor shall correct Work rejected by the City or known by the
Contractor to be defective or failing to conform to the Construction
Documents, whether observed before or after Final Completion and whether
or not fabricated, installed or completed, and all work found to be defective in
the one-year period from the date of Substantial Completion (the Warranty
Period) shall be the responsibility of the Contractor, or within such longer
period provided by any applicable special warranty in the Contract
Documents.
19.2 The City shall provide the Contractor with written notice regarding defective
or rejected work. Within seven days after receipt of such written notice from
the City the Contractor shall commence with corrective action to remove and
replace it with Work that is not defective or rejected.
19.3 If the Contractor fails to correct defective Work as required or persistently
fails to carry out the Work in accordance with the Contract Documents, the
City, by written order may stop the Work, or any portion thereof, until the
cause for such order has been eliminated; however the City's right to stop
the Work shall not give rise to a duty on the part of the City to exercise the
right for benefit of the Contractor or other persons or entities.
19.4 If the Contractor defaults or neglects to carry out the Work in accordance
with the Contract Documents within seven days after receipt of written notice
from the City to commence and continue correction of such default or
neglect, the City may give a second written notice to the Contractor. If within
seven days following receipt of the second notice, the Contractor fails to
correct such default or neglect with diligence and promptness, the City may
correct such deficiencies. In such case, an appropriate Change Order shall
be issued deducting from payments then or thereafter due the Contractor
costs of correcting such deficiencies. If the payments then or thereafter due
the Contractor are not sufficient to cover the amount of the deduction, the
Contractor shall pay the difference to the City.
20. PROGRESS PAYMENTS
20.1 The Contractor shall deliver to the City itemized Applications for Payment for
Payment. The Contractor may requisition payments for Work completed
during the Project at intervals of not more than once a month. The
Contractor's requisition shall show a complete breakdown of the Project
components, the quantities completed and the amount due, together with a
certification by the Contractor that the Contractor has disbursed to all
Subcontractors and Suppliers their pro-rata shares of the payment out of
previous progress payments received by the Contractor for all Work
completed and materials furnished in the previous period and that properly
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City of Tamarac
Purchasing and Cantrays Division
executed releases of liens by all Subcontractors, Suppliers and materialmen
were provided and included in the Contractor's previous applications for
payment, and any other supporting documentation as may be required by the
Engineer/Project Manager or Contract Documents. Each requisition shall be
submitted in triplicate to the Engineer/Project Manager for approval. The City
shall make payment to the Contractor within thirty (30) calendar days after
approval by the Engineer/Project Manager of the Contractor's requisition for
payment.
20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct
Application for Payment, the City shall make payment to the Contractor.
20.3 The City shall retain Ten percent (10%) of all monies earned thru 50% of
project completion by the Contractor, and 5% thereafter, until the Work is
totally completed as specified, and accepted by the City. The parties hereto
agree that 255.052, Florida Statutes, do not apply to this Agreement, or to
any underlying agreements and obligations to which this Agreement pertains.
20.4 The Application for Payment shall constitute a representation by the
Contractor to the City that, to the best of the Contractor's knowledge,
information and belief, the design and construction have progressed to the
point indicated, the quality of the Work covered by the application is in
accordance with the Contract Documents and the Contractor is entitled to
payment in the amount requested.
20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from
the City, out of the amount paid to the Contractor on account of such
Subcontractor's Work, the amount to which said Subcontractor is entitled in
accordance with the terms of the Contractor's contract with such
Subcontractor. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to sub -
Subcontractors in similar manner.
20.6 The City shall have no obligation to pay or to be responsible in any way for
payment to a Subcontractor of the Contractor except as may otherwise be
required by law.
20.7 No progress payment or partial or entire use or occupancy of the Project by
the City shall constitute an acceptance of Work not in accordance with the
Contract Documents.
20.8 The Contractor warrants that: (1) title to Work, materials and equipment
covered by an Application for Payment will pass to the City either by
incorporation in construction or upon receipt of payment by the Contractor,
whichever occurs first; (2) Work, materials and equipment covered by
previous Applications for Payment are free and clear of liens, claims, security
interests or encumbrances, hereinafter referred to as "liens"; and (3) no
Work, materials or equipment covered by an Application for Payment will
have been acquired by the Contractor, or any other person performing Work
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City of Tamarac _..- ._.._..-._ Parchasing and Contracts Division
at the site or furnishing materials or equipment for the Project, subject to an
agreement under which an interest therein or an encumbrance thereon is
retained by the seller or otherwise imposed by the Contractor or such other
person.
20.9 The Contractor may apply for the return of the retainage held pursuant to
Section 20.3, if the Contractor has satisfied the requirements of the Contract
relating to retainage. The City shall pay the Contractor the amount retained
for the Work, less the reasonable value of incorrect or incomplete Work,
liquidated damages or both. Final payment of such withheld sum shall be
made upon correction or completion of such Work and resolution of all issues
regarding liquidated damage. The release of retainage shall not become due
until all Work is 100% completed as identified on the final punchlist. The
requirements of retainage include the following:
20.9.1 Repair and/or replacement of faulty or defective Work.
20.9.2 As -built drawings are submitted to and accepted by the City.
20.9.3 All Code requirements, inspections, testing and certificates of
approval are conformed with, submitted and accepted by the City.
20.9.4 The City is satisfied all payrolls, bills for materials and equipment
and other indebtedness connected with the Work for which the City
might in any way be responsible have been paid or otherwise
satisfied to the extent and in such form as may be designated by
the City.
20.9.5 Release of Lien is submitted and accepted by the City.
20.9.6 The Contractor's completion of Punch List.
20.9.7 Warranties are submitted to and accepted by the City.
21. CHANGE QUANTITIES/CHANGE ORDERS
21.1 The City, without invalidating this Agreement, may order additions, deletions
or revisions to the Work. A written Amendment, Change Order or Work
Change Directive shall authorize such additions, deletions or revisions.
21.2 All Change Orders which, individually or when cumulatively added to
amounts authorized pursuant to prior Change Orders for this Project,
increase the cost of the Work to the City or which extend the time for
completion, must be formally authorized and approved by the appropriate
City authority prior to their issuance and before Work may begin.
21.3 No claim against the City for extra Work in furtherance of a Change
Order shall be allowed unless prior written City approval pursuant to
this section has been obtained.
21.4 The Contract Price and Contract Time shall be changed only by Change
Order or written Amendment.
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of Tamarac
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21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on
forms provided by the City. When submitted for approval, they shall carry the
signature of the Public Works Director, the City Manager, and the Contractor.
21.6 If the City and the Contractor are unable to agree as to the extent, if any, of
an adjustment in the Contract Price or an adjustment of the Contract times
that should be allowed as a result of a Work Change Directive, a claim may
be made therefore.
21.7 The Contractor shall not be entitled to an increase in the Contract Price or an
extension of the Contract times with respect to any Work performed that is
not required by the Contract Documents as amended, modified and
supplemented.
21.8 If notice of any change affecting the general scope of the Work or the
provisions of the Contract Documents is required by the provisions of any
bond to be given to a surety, the giving of any such notice will be the
Contractor's responsibility and the amount of each applicable bond shall be
adjusted accordingly.
21.9 Any claim for adjustment in the Contract Price or time shall be based upon
written notice delivered by the party making the claim to the other parties and
to the Engineer/Project Manager not later than fifteen (15) calendar days
after the occurrence or event giving rise to the claims and stating the general
nature of the claim. No claim for an adjustment in the Contract Price or an
extension of the contract time will be valid if not submitted in accordance with
this Paragraph.
21.10 The cost or credit to the City from a change in the Work shall be determined
by one or more of the following ways:
21.10.1 By mutual acceptance of a lump sum properly itemized and
supported by sufficient substantiating data to permit evaluation
where unit prices do not exist in the contract documents;
21.10.2 By unit prices stated in the Contract Documents or subsequently
agreed upon; or
21.10.3 By cost to be determined in a manner agreed upon by the parties
and a mutually acceptable fixed or percentage fee.
22. REGULATORY CHANGES
The Contractor shall be compensated for changes in the Work necessitated by the
enactment or revision of codes, laws, or regulations subsequent to the submission of the
Contractor's proposal.
32
•
11
•
of Tamarac
23. SUBSTANTIAL COMPLETION
Pwchra,;ing and Contracts Division
The specified warranty period for a specific Project does not begin until final completion of
that project under that project's individual Notice to Proceed.
PZaI►/_1A1`61:Jx01Is] i!.
Upon written notice from the Contractor that the Work is or an agreed portion thereof is
complete, the City and the Engineer/Project Manager will make a final inspection and will
notify the Contractor in writing of all particulars in which this inspection reveals that the
Work is incomplete or defective. The Contractor shall address such deficiencies in
accordance with Section 19 "Correction or Removal of Defective Work" of this document.
f+�11111111111111191►/_1w_I:jam-AIEel ►1161tA _VA11,1:4►II
25.1 After the Contractor has completed all such corrections to the satisfaction of
the City and the Engineer/Project Manager and delivered all maintenance
and operating instructions, schedules, guarantees, bonds, certificates of
inspection, marked up record documents and other documents required by
the Contract Documents, and after the Engineer/Project Manager has
indicated that the Work is acceptable, the Contractor may make application
for final payment. The final application for payment shall be accompanied by
(1) complete and legally effective releases or waivers of all liens arising out
of or filed in connection with the Work and a final affidavit; or (2) the
Contractor's receipts in full covering all labor, materials and equipment for
which a lien could be filed; or (3) a final affidavit stating that all laborers,
materialmen, Suppliers and Subcontractors who Worked for the Contractor
under this Contract have been paid in full or if the fact be otherwise,
identifying the name of each lienor who has not been paid in full and the
amount due or to become due each for labor, services or materials furnished
and the reason(s) why the same remains unpaid. If any Subcontractor or
Supplier fails to furnish a release or receipt in full, the Contractor may furnish
a bond satisfactory to the City to indemnify the City against any such lien.
25.2 The Contractor shall also submit with the final application for payment, the
completed set of "As -Built" drawings for review and approval. The "As -Built"
drawings shall be prepared, sealed and certified by a professional registered
land surveyor licensed by the State of Florida. The Contractor shall deliver
mylar sepias of the as -built project, signed, sealed and dated by the
responsible professional. In addition, "As -Built" plans are to be submitted in
a digital format in AutoCAD latest version. The Digital File is to be
compatible with the City's GIS system. Final payment to the Contractor shall
not be made until said drawings have been reviewed and approved by the
Engineer/Project Manager. Prior to approval, if necessary, the drawings may
be returned to the Contractor for changes or modifications if in the opinion of
the Engineer/Project Manager they do not represent correct or accurate "As -
built" drawings.
33
of Tamarac
26. FINAL PAYMENT AND ACCEPTANCE
Purchasmg and Contracts Division 0
26.1 If, on the basis of the Engineer/Project Manager's observation of the Work
during construction and final inspection, and the Engineer/Project Manager's
review of the final Application for Payment and accompanying
documentation, the Engineer/Project Manager is satisfied that the Work has
been completed and the Contractor's other obligations under the Contract
Documents have been fulfilled, the Engineer/Project Manager will, within ten
(10) days after receipt of the final Application for Payment, indicate in writing
the Engineer/Project Manager's recommendation of payment and present the
Application to the City for payment. Thereupon the Engineer/Project
Manager will give written notice to the City and the Contractor that the Work
is acceptable. Otherwise, the Engineer/Project Manager will return the
Application to the Contractor, indicating in writing the reasons for refusing to
recommend final payment, in which case the Contractor shall make the
necessary corrections and resubmit the Application. After presentation to the
City of the Application and accompanying documentation, in appropriate form
and substance, and with the Engineer/Project Manager's recommendation
and notice of acceptability, the amount recommended by the
Engineer/Project Manager will become due and will be paid by the City to the
Contractor within the required time frame under Florida statue regarding such
payments.
26.2 Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the City to the Contractor when the Work has been
completed, the Contract fully performed, and a final certificate for payment
has been approved by the Engineer/Project Manager. The making of final
payment shall constitute a waiver of claims by the City except those arising
from:
26.2.1 Liens, claims, security interests or encumbrances arising out of this
Agreement and unsettled.
26.2.2 Faulty or defective Work and latent defects discovered after
acceptance.
26.2.3 Failure of the Work to comply with the requirements of the contract
documents.
26.2.4 Terms of special warranties required by the contract documents.
26.2.5 Any of the Contractor's continuing obligations under this
Agreement.
26.3 The acceptance of final payment by the Contractor shall constitute a waiver
of claims by that payee except those previously made in writing and identified
as unsettled at the time of final application for payment.
27. CITY'S RIGHT TO WITHHOLD PAYMENT
27.1 The City may withhold in part, final payment or any progress payment to .
such extent as allowed under Florida statute, necessary to protect itself from
loss on account of:
-- - -- — .....--- ........ ........ _._.m .. W__ .. _ 3a ._..... ...
• City' ca(Trarrr. Purchasing andCnr7t,acts Division
27.2 Defective Work not remedied.
27.3 Claims filed or reasonable evidence indicating the probable filing of claims by
other parties against the Contractor.
27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers
for materials or labor.
27.5 Damage to another Contractor not remedied.
27.6 The Contractor has incurred liability for liquidated damages.
27.7 Reasonable evidence that the Work cannot be completed for the unpaid
balance of the contract sum.
27.8 Reasonable evidences that the Work will not be completed within the
Contract time.
27.9 Failure to carry out the Work in accordance with the Contract Documents.
27.10 When the above grounds are removed or resolved or the Contractor provides
a Surety Bond or Consent of Surety satisfactory to the City, which will protect
the City in the amount withheld, payment may be made in whole or in part.
K-- 11.`/_1:7:7_1:1111 *1
28.1 The Contractor warrants that all equipment, materials and Workmanship
furnished, whether furnished by the Contractor or its subcontractors and
Suppliers, will comply with the Technical Specifications, drawings and other
descriptions supplied or adopted and that all services will be performed in a
Workmanlike manner.
28.2 The Contractor warrants to the City that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its
obligations under the Contract.
28.3 The Contractor warrants to the City that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened
with any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
it 6l 9193 ZJI=1449 LIU=WLela]
29.1 The Contractor warrants all material and Workmanship as noted in the
Technical Specifications from date of final acceptance by the City. If within
the period of warranty from the date of final completion or such longer period
of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents, any Work
is found to be defective, whether observed before or after acceptance by the
City, the Contractor shall commence with corrective action within seven (7)
days after written notice of the such defect, without cost to the City and in
accordance with the City's written instructions, either correct such defective
Work, or, if it has been rejected by the City, remove it from the site and
............................................._.._ ........ ........ ........ ...._..._ ........_ ......... ........ ........ ........ _....
35
City of Tamarac Purchasing and Contracts Division
replace it with Work that is not defective and satisfactorily correct and
remove and replace any damage to other Work or the Work of others
resulting therefrom. If the Contractor does not promptly comply with the
terms of such instructions, or in an emergency where delay would cause
serious risk of loss or damage, the City may have the defective Workmanship
corrected or the rejected Work removed and replaced, and all direct, indirect
and consequential costs of such removal and replacement (including but not
limited to fees and charges of the Engineer/Project Manager, attorneys and
other professionals) will be paid by the Contractor.
29.2 Where defective Work (and damage to other Work resulting therefrom) has
been corrected, removed or replaced under this paragraph, the correction
period hereunder with respect to such Work will be extended for an additional
period as noted in the Technical Specifications after such correction or
removal and replacement has been satisfactorily completed.
29.3 Nothing contained in this Article shall be construed to establish a period of
limitation with respect to other obligations that the Contractor might have
under the Contract Documents. Establishment of the time period as
described in Article 29, relates only to the specific obligation of the Contractor
to correct the Work, and has no relationship to the time within which the
obligation to comply with the Contract Documents may be sought to be
enforced, nor to the time within which proceedings may be commenced to is
the Contractor's liability with respect to the Contractor's obligation
other than specifically to correct the Work.
30. CONSTRUCTION SCHEDULE
30.1 The construction schedule shall be in the form of a tabulation, chart or graph
(MS Project latest edition) and shall be in sufficient detail to show the critical
path and the chronological relationship of all activities contained in the
project. These include, but are not limited to: estimated starting and
completion dates of various activities, submittals required to the
Engineer/Project Manager for approval, procurement of material and
scheduling of equipment.
30.2 The Construction Schedule shall allow for a maximum turnaround time by the
Engineer/Project Manager of fourteen calendar days on all submittals, shop
drawings and all requests for information.
30.3 The construction schedule shall reflect the completion of all Work to be
performed within the specified time and in accordance with the Contract
Documents.
30.4 The construction schedule shall be thoroughly reviewed and updated on a
monthly basis. The revised schedule shall be submitted to the City at least
every 30 days during the term of this Agreement and shall reflect a current
schedule of activities, percent complete and remaining durations for all tasks.
0 City' of T marac
Purchasing rand Gontracts Division
30.5 Float, slack or contingency time derived from the early completion of tasks on
the critical path is not for the exclusive use or benefit of the Contractor. The
Contractor shall not utilize such time without the prior written consent of the
City.
30.6 If the Contractor desires to make changes in the method of operation after
the construction approval of the construction schedule, or if the
Engineer/Project Manager determines that the schedule fails to reflect the
actual progress, the Contractor shall submit to the Engineer/Project Manager
a revised construction schedule for approval.
31. PROTECTION OF PERSONS AND PROPERTY
31.1 The Contractor shall be solely responsible for initiating, maintaining and
providing supervision for compliance with Occupational Safety and Health
Act (OSHA) standards for safety precautions and programs in connection
with the Work.
31.2 The Contractor shall take reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss to (1)
employees on the Work and other persons who may be affected thereby; (2)
the Work and materials and equipment to be incorporated therein; and (3)
. other property at or adjacent to the site.
31.3 The Contractor shall comply with applicable laws, ordinances, rules,
regulations and orders of public authorities bearing on the safety of persons
and property and their protection from damage, injury or loss.
•
31.4 The Contractor shall be liable for damage or loss (other than damage or loss
to property insured under the property insurance provided or required by the
Contract Documents to be provided by the City) to property at the site
caused in whole or in part by the Contractor, a Sub -Contractor of the
Contractor or anyone directly or indirectly employed by either of them, or by
anyone for whose acts they may be liable.
31.5 All unit prices provided by the Contractor as a part of this Bid shall include
the cost of all safety equipment necessary for the performance of the Work.
31.6 The Contractor shall comply with the requirements of the Florida Trench
Safety Act and all applicable OSHA Regulations pertaining to excavation.
31.7 The Contractor shall comply with Florida Statutes, Chapter 556,
Underground Facility Damage Prevention and Safety Act and secure the
underground locations and obtain a Sunshine State One Call Certification
number prior to beginning any excavation.
...r
..............
City of Tamarac Porchasing and Contracts Division
32. HURRICANE AND SEVERE WEATHER PRECAUTIONS
32.1 The Contractor shall immediately take all protective actions necessary to
secure the construction site, materials, debris and equipment to the
satisfaction of Engineer/Project Manager. Engineer/Project Manager shall
not be held liable for the construction site, materials, debris, and equipment.
32.2 All construction materials or equipment will be secured against displacement
by wind forces.
33. WORK BY THE CITY OR CITY'S CONTRACTORS
33.1 The City reserves the right to perform Work related to, but not part of, the
Project and to award separate contracts in connection with other Work at the
site.
33.2 The Contractor shall afford the City's separate Contractors reasonable
opportunity for introduction and storage of their materials and equipment for
execution of their work. The Contractor shall incorporate and coordinate the
Contractor's work with the work of the City's separate contractors as required
by the Contract Documents.
33.3 Costs caused by defective or ill-timed Work shall be borne by the party •
responsible.
34. BID PREPARATION EXPENSE
The Bidder preparing a bid in response to this bid shall bear all expenses associated with
its preparation. The Bidder shall prepare a bid with the understanding that no claim for
reimbursement shall be submitted to the City for the expense of bid preparation and/or
presentation.
35. CONTINGENCY ALLOWANCE
The City reserves the right to add a contingency amount to the contract amount for
unforeseen/unknown circumstances during the construction of the project under the
Change Order provisions contained herein. The Contractor agrees that any unused portion
of the contingency allowance shall remain with City and Contractor agrees they shall have
no claim for the unused amount. The Contractor further agrees to execute a Change Order
to the contract amount as may be required to deduct the unused amount of the
contingency.
36. TRAFFIC CONTROL AND WORKING HOURS
36.1 The Contractor shall be responsible for maintaining all traffic controls during the
entire period of the project. All traffic controls shall conform to the Manual of
Uniform Traffic Control Device (MUTCD) and Florida Department of
Transportation Roadway and Traffic Design Standards, latest edition and must
be approved by the City in advance. At all times, at least one lane shall be kept
open with adequate and legal traffic controls. Work shall be avoided during
38
City of r Tamarac —
----- — - - ......................Porch rsirtc�andContracts Division
0
peak traffic hours. Working hours are set between 8 AM to 4 PM. Any deviation
shall be approved in advance by City.
36.2 The Contractor shall be responsible for obtaining any and all required
Maintenance of Traffic Permits from the appropriate regulatory authorities.
36.3 Road closure will not be permitted without written approval of the
Engineer/Project Manager.
36.4 All unit prices provided by Contractor as a part of this Bid, shall include all
costs relating to the Maintenance of Traffic including any and all safety
equipment necessary, including but not limited to barricades, signage, traffic
markings, arrow boards, etc.
37. CUT OFF DATE FOR QUESTIONS AND CLARIFICATIONS
All Bidders are encouraged to submit their questions in writing to the Purchasing Division,
e-mail address, relating to this project. Sufficient time will be provided
Contractors during the bid process to visit the jobsite, attend a Pre -Bid Conference and
request responses to questions or clarifications with regard to this project. Note: All
inquiries shall be submitted at least five (5) calendar days prior to the Bid Opening date.
Late arriving questions or request for clarifications may not be addressed.
0 Balance of Page Intentionally Left Blank
39
City of Tamarac
COMPANY NAME: (Please Print):
Phone: Fax:
and Contracts Division
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special
Provisions.
2. ❑ Properly fill out the Bid Forms and the Schedule of Bid Prices.
3. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
4. ❑ Sign the Certification page. Failure to do so may result in your Bid being
deemed non -responsive.
5. ❑ Fill out the Bidder's Qualification Statement.
6. ❑ Fill out the References page.
7. ❑ Sign the Vendor Drug Free Workplace Form.
8. ❑ Fill out the List of Subcontractors.
9. ❑ Include a 5% Bid Guaranty. Failure to provide the stipulated bond or
guaranty will result in automatic rejection of your bid. Payment and
Performance Bonds will be required and must be submitted on the City's forms,
included herein.
10. ❑ Fill out and sign the Certified Resolution.
11. ❑ Include proof of insurance.
12. ❑ Include copy of State Certified or County Competency License(s)
13. ❑ Trench Safety Form, if applicable.
Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with
the BID NUMBER AND BID NAME on the outside of the package.
Make sure your Bid is submitted PRIOR to the deadline.
Late Bids will not be accepted.
Failure to provide the requested attachments may result in your bid
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID.
0
40
City of Tamarac f orch using and Contracts Division
BID FORM
BID NO. 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
Bids are hereby requested from qualified Contractors for the construction of the TAMARAC
SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT. Contract Work for this
project includes, but is not limited to the construction and installation of a twenty-four foot
all -steel hexagon gazebo, all -steel covered picnic shelters, recycled material picnic tables,
recycled material trash receptacles, concrete slabs, and concrete sidewalks, as well as all
appurtenances and other incidentals as indicated by the drawings and technical
specifications or as required to properly complete the project as intended.
In order to be considered for award of this project, the Contractor must possess at time of
bid opening, one of the following State Certified and/or County Competency licenses; or
any license that can meet, exceed, or legally perform the scope of work will be acceptable,
as determined by state or county licensing agency and provide proof of at least three (3)
successful projects completed or currently working of similar size and scope within the last
three (3) years.
State: Certified General Contractor License, as defined by F.S. 489.105
0 Occupational license must be in effect as required by Florida Statute §205.065.
•
We propose to furnish the following items in conformity with the specifications and at the
indicated bid prices. The bid prices quoted have been checked and certified to be correct.
Said prices are fixed and firm and shall be paid to Bidder for the successful completion of
its obligation as specified in the contract documents.
In the event of obvious mathematical errors, the Bidder recognizes that these are clerical
in nature and may be corrected by the City.
For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment
necessary to properly perform the work described herein and on the project drawings. It is
the intent of the City to award this bid based on the Total Base Bid for all bid items. In the
event or latent multiplication or addition errors, the Bidder recognizes that these are
clerical errors and may be corrected by the Owner.
Balance of Page Intentionally Left Blank
SCH-1 Bid Form & Schedule of Sid Prices
City of Tamarac Purchasing and Contracts Division
BID SCHEDULE
BID NO. 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
The Bidder, hereby declares that he or she has carefully examined and understands the
specifications and instructions contained herein, and does hereby agree to furnish all
labor, materials, tools, supervision, equipment, and to sustain all expenses incurred in
performing the work, including bond and insurance fees, in strict accordance with the
details and specifications which are made a part thereof at the following prices offered by
Bidder. In the event of latent mathematical errors, Bidder recognizes these are clerical
errors and may be corrected by Owner. Modification of this Bid Form -Bid Schedule, other
than the information requesting below, shall not be accepted.
The following Bid Items and quantities are estimated projections and shall not be
construed as a guaranteed amount/quantity.
Item
DESCRIPTION
EST.
UNIT
UNIT PRICE
TOTAL PRICE
No.
QTY.
1
Indemnification
1
LS
$10.00
$10.00
2
Bonds and Insurance
1
LS
$
$
3
Clearing and Grubbing/
1
LS
$
$
Demolition/Site Preparation
4*
24-Foot All -Steel Hexagon
1
EA
$
$
Gazebo
5*
24-Foot All -Steel Hexagon
1
LS
$
$
Gazebo Assembl &Installation
6*
8'x10' All -Steel Gable Picnic
2
EA
$
$
Shelter
7
8'x10' All -Steel Gable Picnic
2
LS
$
$
Shelter Assembl &Installation
8*
12'x12' All -Steel Gable Picnic
1
EA
$
$
Shelter
9
12'x12' All -Steel Gable Picnic
1
LS
$
$
Shelter Assembl &Installation
10*
8 FT Recycled Plastic Picnic
8
EA
$
$
Table
11 *
Recycled Plastic Picnic Table
3
EA
$
$
Wheelchair Accessible
12*
Recycled Plastic Trash
5
EA
$
$
Receptacle
13
6" Thick Concrete Slab with
95
SY
$
$
WWF and Thickened Edge
14
4" Thick Concrete Slab with
41
SY
$
$
Thickened Edge
•
SCH-2 Bid Form & Schedule of Bid Prices
City of Tamarac
Purchasing and Contracts, Divisiati
15
5' Wide 4" Thick Concrete
20
LF
$
$
Sidewalk
Note: Substitutions as approved equals must be submitted with Bid Package. If
additional product specification backup is deemed necessary for City's
determination for "approved equal status", Contractor must provide to City, within
(3) calendar days of City's request. The City reserves the right to purchase shelters
and products directly from suppliers.
*Bid Item No. 4 is specified as RCP Shelter, Inc. AS-HEX24-04 or approved equal.
*Bid Item No. 5 includes the installation of a light fixture, duplex outlet, wiring, and conduit
terminated into an in -ground pull box. The City shall make the connection to existing electrical
system.
*Bid Item No. 6 is specified as RCP Shelter, Inc. AS-G0810-2P-04 or approved equal.
*Bid Item No. 8 is specified as RCP Shelter, Inc. AS-G12-2P-04 or approved equal.
*Bid Item No. 10 is specified as Barco Products — Westin 8 FT Recycled Plastic Picnic Table or
approved equal.
*Bid Item No. 11 is specified as Barco Products — Westin Recycled Plastic Picnic Table —
Wheelchair Accessible or approved equal.
*Bid Item No. 12 is specified as Barco Products — Recycled Plastic Slat Design Round Receptacle
— 32 gal. Top Load with in -ground post mount kit or approved equal.
GRAND TOTAL BID AMOUNT $
Bid prices must be priced above in units of quantities specified on this Bid Form.
Determination for Award: It is the intent of the City to recommend award to the low
responsive / responsible Bidder for the Grand Total Bid Amount. (see additional Note
above.)
NAME OF BIDDER:
SCH-3 Bid F=nrin & Sch du/e of Bid Prices
City of Tamarac --- Purchasing and Contracts division
BID FORM
(continued)
BID NO. 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
Submitted by:
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Date
1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a
contract with the City to perform and furnish all Work as specified herein for the
Contract Price and within the Contract Period indicated in this bid.
2. This bid will remain subject to acceptance for ninety (90) days after the day of bid
opening. Bidder will sign and submit the necessary documents required by the City
within fifteen (15) days prior to the date of the City's Award.
a. Bidder has familiarized itself with the nature and extent of the contract
documents, locality, and all local conditions and laws and regulations that
in any manner may affect cost, progress, performance or furnishing of the
Work.
b. Bidder has given the City written notice of all conflicts, errors or
discrepancies that it has discovered in the contract documents and the
written resolution thereof by the City is acceptable to Bidder.
C. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; Bidder has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; Bidder has not solicited or
induced any person, firm or corporation to refrain from bidding; and
Bidder has not sought by collusion to obtain for itself any advantage over
any other Bidder or over the City.
3. Bidder will complete the Work for the prices shown in the "Bid Form".
4. Bidder agrees that the Work will be substantially performed and complete in
accordance with the schedules established herein. 0
SCH-4 Bid Form & Schedule of Bid Prices
•
City of Tamarac ------ --- - -- Purchasing and Contracts Division
BID FORM
(continued)
BID NO. 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
The City reserves the right to reject any bid, if it deems that a vendor has deliberately
provided erroneous information. The undersigned declare to have specific and legal
authorization to obligate their firm to the terms of this bid, and further, that they have
examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other
documents included in this bid request, and hereby promises and agrees that, if this bid is
accepted, they will faithfully fulfill the terms of this bid together with all guarantees and
warranties thereto. The undersigned bidding firm further certifies the product and/or
equipment meets or exceeds the specification as stated in the bid package; and also
agrees that products and/or equipment to be delivered which fail to meet bid specifications
will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at
the expense of the bidder.
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Contractor's License Number
SCH-5
Bid Form & Schedule of Bid Prices
of Tamarac BID FORM Purchasing and Contracts Division
(continued)
BID NO. 11-26B
TAMARAC SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT
Bidder's Name:
TERMS: % (percent discount, if any, if payment made within DAYS;
otherwise, terms are NET 30 days.
To be considered eligible for award, one (1) original and two (2) copies of this bid form
should be submitted with the Bid. One original bid must be submitted at time of bid
opening. Copies must be provided within (3) business days of City's request.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder,
as evidenced by completion of the Certified Resolution form contained herein (or
acceptable Corporate Resolution) may be deemed non -responsive and ineligible for
award.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder
shall be deemed non -responsive and ineligible for award. 0
Would you accept Credit Card as payment from the City of Tamarac? ❑Yes ❑No
Payment by Electronic Funds Transfer: Vendors may now receive payments by direct
deposit via electronic funds transfer instead of by paper check. Vendors are strongly
encouraged to register to receive all payments by direct deposit. Access the City of
Tamarac web -site at http://www.tamarac.org/city-departments/financial-
services/purchasing/register-for-direct-deposit-payment.aspx
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from City of Tamarac vendor listing.
•
SCH-6 Bid Form & Schedule of Bid Prices
. City of Tamarac: Purchas'rrg and Contracts Division
NON -COLLUSIVE AFFIDAVIT
State of )
)ss.
County of
and says that:
being first duly sworn, deposes
He/she is the , (Owner, Partner, Officer, Representative
or Agent) of , the Offeror that has submitted the
attached Proposal;
He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
Neither the said Offeror 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
Offeror, firm, or person to submit a collusive or sham Proposal in connection with
the Work for which the attached Proposal has been submitted; or to refrain from
bidding in connection with such Work; or have in any manner, directly or indirectly,
sought by agreement or collusion, or communication, or conference with any
Offeror, firm, or person to fix the price or prices in the attached Proposal or of any
other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or
the Proposal price of any other Offeror, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against (Recipient),
or any person interested in the proposed Work;
The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Offeror or any other of its agents, representatives, owners, employees or
parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
•
42
Printed Name
Title
of Tamarac IPurchasing and Contracts Division
ACKNOWLEDGMENT 0
NON -COLLUSIVE AFFIDAVIT
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 within the 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
43
•
of Tamarac
Purchaslna and Contracts Division
CERTIFICATION
IN: 1690Z9ZK11IT, 13►1a►Al0b-1a 33114311-.3811199=10MVIMr1111:L1= M
We (1), the undersigned, hereby agree to furnish the item (s)/se rvi ce (s) described in the
Invitation to Bid. We (1) certify that we (1) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Invitation to Bid.
Indicate which type of organization below:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Contractor's License Number
44
of Tarnarac _.... Purchasing and Contracts Division
BIDDER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all
answers to questions made hereinafter:
Name of Company
Address
City State Zip
Telephone
Fax Number
1. How many years has your organization been in business under its present name?
Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with
Florida Fictitious Name Statute:
3. Under what former name(s) has your business operated?
List former address(es) of that business (if any).
•
4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification
5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes ❑ No ❑
If Yes, explain:
7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑
of the commodities/services bid upon?
8. Have you ever received a contract or a purchase order from the City of Tamarac or
other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title
etc.)
9. Have you ever received a complaint on a contract or bid awarded to you by any
governmental entity? Yes ❑ No ❑ If yes, explain:
10. Have you ever been debarred or suspended from doing business with any
governmental entity? Yes ❑ No ❑ If yes, explain:
45
City of Tarnarac,
Purchasing and Contracts Division
Please list government agencies and/or private firms with whom you have done business
during the last five years:
Your Company Name
Address
City State Zip
Phone/Fax
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
•
46
City of Tamarac Purchasing and Contracts Division
VENDOR DRUG -FREE WORKPLACE 0
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 affects 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 or more bids that 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.
Inform employees about the dangers of drug abuse in the workplace, the business's
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. 0
Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
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 that five (5) days after each conviction.
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.
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
Company Name
47
•
City of Tamarac Purchasing and Contracts Division —
LIST OF SUBCONTRACTORS
The Bidder shall list below the names and business address of each subcontractor who
will perform Work under this Bid in excess of one-half of one percent of the Contractor's
Total Bid Price, and shall also list the portion of the Work that will be done by such
subcontractor. After the opening of bids, no changes or substitutions will be allowed except
as otherwise provided by law. The listing of more than one subcontractor for each item of
Work to be performed with the words "and/or" will not be permitted. Failure to comply with
this requirement will render the Bid as non -responsive and may cause its rejection.
Work to Be Performed % Total Contractor
Contract License No
Subcontractor
Name/Address
48
City of Tamarac CERTIFIED RESOLUTION Purchasing and Contracts Division
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of
the State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly
elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as
its own acts and deeds. The secretary shall certify the names and signatures of those authorized to
act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage
resulting from or growing out of honoring, the signature of any person so certified or for refusing to
honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this day of , 20,_,_.
(SEAL) By:
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not
be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of
the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been
properly empowered by the corporation to do so in its behalf. 0
UA
City of Tamarac IPurchasing and Gontracts Division
0 TRENCH SAFETY FORM
Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective
October 1, 1990. The bidder further identifies the costs of such compliance to be summarized
below:
TRENCH SAFETY MEASURE
(Description)
UNITS OF
MEASURE
(LF/SF)
UNIT
(Qty)
UNIT COST
EXTENDED
COST
A.
$
$
B.
$
$
C.
$
$
D.
$
$
TOTAL
$
If applicable, the Contractor certifies that all trench excavation done within his control in excess of
five feet (S) in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY
SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non -responsive.
DATE:
(Signature)
ACKNOWLEDGEMENT
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
, who, after first being duly sworn by me,
(Name of individual Signing)
affixed his/her signature in the space provided above on this day of 20_.
NOTARY PUBLIC
My Commission Expires:
50
of Tamarac
BID BOND
STATE OF FLORIDA)
)SS:
COUNTY OF BROWARD)
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, and
as Surety, are held and firmly bound unto the
the State of Florida in the penal sum of:
and Contracis Division
City of Tamarac, a municipal corporation of
Dollars ($ ) lawful money on the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators and successors jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has
submitted the accompanying Bid, dated , 20 ,
for:
0
Bid No. 0
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate.
(b) If said Bid shall be accepted and the Principal shall properly execute and deliver to
said City the appropriate Contract Documents, and shall in all respects fulfill all
terms and conditions attributable to the acceptance of said Bid, then this obligation
shall be void; otherwise, it shall remain in force and effect, it being expressly
understood and agreed that the liability of the Surety for any and all claims
hereunder shall in no event exceed the amount of this obligation as herein stated.
The Surety, for value received, hereby agrees that the obligations of the said Surety and
its bond shall be in no way impaired or affected by any extension of time within which said
CITY may accept such Bid; and said Surety does hereby waive notice of any extension.
•
51
0 City of Tamarac
Signed and sealed this
IN PRESENCE OF:
(AFFIX SEAL)
0 ATTEST:
Secretary
Secretary
*Impress Corporate Seal
and Contracts Division
ACKNOWLEDGEMENT
BID BOND
day of , 20_
Principal
Business Address
City/State/Zip
Business Phone
Surety*
By
Title
Attorney- I n-Fact*
By
52
City of Tamarac — -- Purchasing and Cootracts Di isioo -
FORM PAYMENT BOND
RZISIVi%1INLI:1kI:l'a9:I*y:2a:7*9:4i•1b1
That, pursuant to the requirements of Florida Statute 255.05, we,
as Principal, hereinafter called
CONTRACTOR, and, as Surety, are bound to the
City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of
Dollars ($ ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.:
awarded the day of , 20_, with OWNER for
which contract is by reference made a part
hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay and other consequential damages caused by or
arising out of the acts, omissions or negligence of CONTRACTOR), expenses,
costs and attorney's fees including attorney's fees incurred in appellate
proceedings, that OWNER sustains because of default by CONTRACTOR under
the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 713.01
supplying CONTRACTOR with all labor, materials and supplies used directly or
indirectly by CONTRACTOR in the prosecution of the Work provided for in the
Contract, then his obligation shall be void; otherwise, it shall remain in full force and
effect subject, however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR
and who has not received payment for his labor, materials, or supplies shall,
within forty five (45) days after beginning to furnish labor, materials, or
supplies for the prosecution of the work, furnish to the CONTRACTOR a
notice that he intends to look to the Bond for protection.
2.2 A claimant who is not in privity with the CONTRACTOR and who has not
received payment for his labor, materials, or supplies shall, within ninety (90)
days after performance of the labor or after complete delivery of the materials
or supplies, deliver to the CONTRACTOR and to the Surety, written notice of
the performance of the labor or delivery of the materials or supplies and of
the non-payment. 0
53
City of Tamarac l'urcFrsirrgrrori Contract,,,-, Division
2.3 Any action under this Bond must be instituted in accordance with the Notice
and Time Limitations provisions prescribed in Section 255.05(2), Florida
Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect the Surety's obligation under this Bond.
Signed and sealed this day of , 20_.
WITNESSES
Secretary Principal
By
(AFFIX SEAL)
Signature and Title
Type Name and Title signed above
WITNESSES
Surety
Secretary By
(AFFIX SEAL) Signature and Title
Type Name and Title signed above
IN THE PRESENCE OF: INSURANCE COMPANY:
By Agent and Attorney -in -Fact
Address
City/State/Zip Code
Telephone
54
City of Tamarac Parchasing and Contracts Division
ACKNOWLEDGMENT
FORM PAYMENT BOND
State of
County of
On this the day of , 20_, before me, the undersigned
Notary Public of the State of Florida, the foregoing instrument was acknowledged by:
(Name of Corporate Officer)
,a
(Name of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
of
(Title)
(State of Corporation)
NOTARY PUBLIC, STATE OF
(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
CERTIFICATE AS TO PRINCIPAL
I, , certify that I am the Secretary of the Corporation named
as Principal in the foregoing Payment Bond; that
who signed the Bond on behalf of the Principal, was then of said
Corporation; that I know his/her signature; and his/her signature thereto is genuine; and
that said Bond was duly signed, sealed and attested to on behalf of said Corporation by
authority of its governing body.
(AFFIX SEAL)
(Name of Corporation)
N�ti
0 City of Tamarac — --- — Purchasing andContractsDivisionFORM PERFORMANCE BOND
•
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirement of Florida Statute 255.05, we,
as Principal, hereinafter called
CONTRACTOR, and, as Surety, are
bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the
amount of Dollars, ($ ) for the payment whereof
CONTRACTOR and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.:
awarded the day of , 20_, with OWNER for
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 the CONTRACTOR:
1. Fully performs the Contract between the CONTRACTOR and the OWNER dated
120 , for the
within calendar days after the date of contract commencement as
specified in the Notice to Proceed and in the manner prescribed in the Contract; and
2. Indemnifies and pays OWNER all losses, damages (specifically including, but not
limited to, damages for delay and other consequential damages caused by or
arising out of the acts, omissions or negligence of CONTRACTOR), expenses,
costs and attorney's fees and costs, including attorney's fees incurred in appellate
proceedings, that OWNER sustains because of default by CONTRACTOR under
the Contract; and
3. Upon notification by the OWNER, corrects any and ail defective or faulty work or
materials, which appear within one (1) year after final acceptance of the work.
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract, then this Bond is void, otherwise it remains in full
force.
4.1 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:
4.2 Complete the Contract in accordance with its terms and conditions; or
56
City of Tamarac Purchasing and Contracts Division
4.3 Obtain a bid or bids for completing the Contract in accordance with its terms
and conditions, and upon determination by Surety of the best, lowest,
qualified, responsible and responsive Bidder, or, if the OWNER elects, upon
determination by the OWNER and Surety jointly of the best, lowest, qualified,
responsible and responsive Bidder, arrange for a contract between such
Bidder and OWNER, and make available as work progresses (even though
there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the Contract price; but not
exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the Contract price," as used in this paragraph, shall mean the
total amount payable by OWNER to CONTRACTOR under the Contract and
any amendments thereto, less the amount properly paid by OWNER to
CONTRACTOR.
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 and those persons or corporations provided for in
Section 255.05, Florida Statues, or their heirs, executors, administrators or successors.
Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract
Documents and compliance or noncompliance with any formalities connected with the
Contract or the changes do not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
WITNESSES
Secretary Principal
By
(AFFIX SEAL)
Signature and Title
Type Name and Title signed above
WITNESSES
Surety
Secretary By
(AFFIX SEAL) Signature and Title
Type Name and Title signed above 0
57
C7
City of Tarnarac ('i.rrchasing ay3d Contracts Division
IN THE PRESENCE OF: INSURANCE COMPANY:
By Agent and Attorney -in -Fact
Address
City/State/Zip Code
Telephone
58
City of Tamarac. M Purchasing and Contracts Division
ACKNOWLEDGMENT
FORM PERFORMANCE BOND
State of
County of
On this the day of , 20, before me, the undersigned Notary Public of
the State of Florida, the foregoing instrument was acknowledged by:
(Name of Corporate Officer)
a
(Title)
(Name of Corporation) (State of Corporation)
corporation, on behalf of the corporation.
WITNESS my hand and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
of
NOTARY PUBLIC, STATE OF
(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
59
City of Tamarac IParchasing and Carztracts Division
CERTIFICATE AS TO PRINCIPAL
I, , certify that I am the Secretary of the Corporation named
as Principal in the foregoing Performance Bond; that
who signed the Bond on behalf of the Principal, was then of said
Corporation; that I know his/her signature; and his/her signature thereto is genuine; and
that said Bond was duly signed, sealed and attested to on behalf of said Corporation by
authority of its governing body.
(AFFIX SEAL)
(Name of Corporation)
60
City of Tamarac,
Contract Title:
and Contracts Division
Contract/Purchase Order No.: Original Contract Value:
Contract Change Order Value: Current Contract Value:
Cumulative No. Change Orders:
Application for Payment is made, as shown below:
1. Original Contract Sum
2. Net Change by Change Orders
3. Contract Sum to Date
(line 1 (+) or (-) line 2)
4. Total Completed and Stored to Date
5. Retainage
a. % of Completed Work
b. % of Stored Material
c. Total Retainage (line 5a + line 5b)
6. Total Earned less Retainage
(line 4 — line 5c)
7. Less Previous Application For Payment
(subtract line 6 from prior A.F.P.)
8. Current Payment Due
9. Balance to Finish, plus Retainage
(line 3 — line 6)
Submitted by:
Contractor
Approved for Payment
Project Manager
Date:
Date
•
LI
61
0 City of Tamarac
DATE OF ISSUANCE:
OWNER:
CITY OF TAMARAC
7525 NW 881h Avenue
Tamarac, FL 33321-2401
:r�•
CONTRACTOR
Purchasing and Contracts Division
CHANGE ORDER
CHANGE ORDER NO.
PROJECT NAME:
PROJECT NO.
Me-19MILTAN.M.1
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE
THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS
AND SPECIFICATIONS:
DESCRIPTION:
Il�1:7:1i1•y:111156]00]:/_1►[e]:991V9]:110
•
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price
Original Contract Time
Previous Change Order No. to No.
Net change from previous change orders
Contract Price prior to this Change Order
Contract Time prior to this Change Order
Net (Increase) of this Change Order
Net (Increase) of this Change Order
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
RECOMMENDED APPROVED APPROVED
BY BY BY
Director City Manager Contractor
Date Date Date
City of Tamarac. Purchasing and Contracts Division
FINAL RELEASE OF LIEN BY CONTRACTOR
STATE OF
COUNTY OF
The undersigned contractor, under a certain contract with the City of Tamarac, dated
, 20_, in connection with the following public work:
PROJECT:
CONTRACT NO.
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 subcontractor 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 day of , 20_
Signed, Sealed and Delivered
in the Presence of:
Contractor
Corporate Secretary Signature President Signature
Type Name Type Name
rI
•
63
City of Tamarac � � � _ ._._. � Purchasing and Contracts Division �._..
ACKNOWLEDGMENT
FINAL RELEASE OF LIEN
State of Florida
County of Broward
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 within the 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
(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
64
City of Tamarac Purchasing and Contracts Division
SAMPLE FORM AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of , 2011
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
a Florida corporation with principal offices located
at (the "Contractor") for the TAMARAC
SPORTS COMPLEX AMENITY IMPROVEMENTS PROJECT.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 11-26B,
including all conditions therein, (General Terms and Conditions, Special
Conditions and/or Special Provisions), drawings, Technical Specifications, all
addenda, the Contractor's bid/proposal included herein, 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 as if attached to this
Agreement or repeated therein. In the event that there is a conflict between 11-
26E as issued by City, and Contractor's Proposal, 11-26B as issued by City shall
take precedence over the Contractor's Proposal. Furthermore, in the event of a
conflict between this document and any other Contract Document, this Agreement
shall prevail.
Work for this project includes, but is not limited to the construction of concrete
sidewalks, concrete curbing, modification to drainage structures (tops/lids), pavement
markings, curb cuts, concrete aprons, handrail, landscaping and irrigation, as well as all
appurtenances and other incidentals as indicated by the specifications or as required to
properly complete the program as intended.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
65 Agrreernerrt
C7
tarty oI Tarr? ir:t( F'urcttesitrg and Contracts Division
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
2.1.3 Contractor 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 with the exception of changes caused by
inclement weather.
2.1.4 Contractor 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 Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's General Liability Insurance policies shall be
endorsed to add the City as an additional insured. Contractor shall be
responsible for payment of all deductibles and self-insurance retentions on
Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be substantially completed within (60) calendar days from issuance
of City's Notice to Proceed, subject to any permitted extensions of time
under the Contract Documents. For the purposes of this Agreement,
completion shall mean the issuance of final payment.
66 Agreement
City of T-arriarar Purchasing and Contracts division
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by City in accordance with the Schedule included in
the Contract Documents. In the event that any delays in the pre -
construction or construction portion of the work occur, despite diligent
efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of time for substantial
completion hereunder and any resulting increase in general condition cost.
5) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. Retainage of ten percent (10%) will be deducted from monthly
payments until 50% of project is complete. Retainage will be reduced to five
percent (5%) thereafter. Retainage monies will be released upon satisfactory
completion and final inspection of work. Invoices must bear project name, project
number and bid P.O. number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. Contractor shall invoice the City and provide a
written request to City to commence the one (1) year warranty period. All
necessary Releases of Liens and Affidavits and approval of Final Payments shall
be processed before warranty period begins. All payments shall be governed by
Florida Prompt Payment Act, F.S., Part VII, Chapter 218. City desires to be able
to make payments utilizing City's Visa Procurement Card as a means of
expediting payments. It is highly desirable that the successful proposer have the
capability to accept a Visa Procurement/Credit card as a means of payment.
6) Remedies
6.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by the
City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
6.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall be
the sole judge of non-conformance and the quality of workmanship.
7) Change Orders
7.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make is
increases, decreases or other changes to the work as may be considered
67 Agreement
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Cily of Tamanic Purchasing and Conttacts Division
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and executed
by the City and Contractor. Once the change order is so approved, the Contractor
shall promptly proceed with the work. All Change Orders shall include overhead
and profit, not to exceed five percent (5%) and five percent (5%) respectively.
7.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the Contractor
shall be at Contractor's expense without change in the Contract Price or Time
except as approved in writing by the City.
7.3 The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra work is
begun. Any claim for an increase or decrease in the Contract Price shall be based
on written notice delivered by the party making the claim to the other party
promptly (but in no event later than 15 days) after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. The amount of
the claim with supporting data shall be delivered (unless the City allows an
additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts to which the claimant is entitled as a result of the
occurrence of said event. No claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this Paragraph.
7.4 The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
7.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later than
fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of
the extent of the claim shall be delivered with supporting data and stating the
general nature of the claim. Contractor hereby agrees to waive rights to recover
any lost time or incurred costs from delays unless Contractor has given the notice
and the supporting data required by this Paragraph.
7.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be granted for
delays to the work, unless the Contractor can clearly demonstrate that such delays
did or will, in fact, delay the progress of work as a whole. Time extensions shall not
be allowed for delays to parts of the work that are not on the critical path of the
project schedule. Time extensions shall not be granted until all float or contingency
time, at the time of delay, available to absorb specific delays and associated
impacts is used.
7.7 In the event satisfactory adjustment cannot be reached by City and
Contractor for any item requiring a change in the contract, and a change order has
not been issued, City reserves the right at its sole option to terminate the contract
68 Agreement
City cat Tamarac Purchasing and Contracts Division
as it applies to these items in question and make such arrangements as City
deems necessary to complete the work. The cost of any work covered by a change
order for an increase or decrease in the contract price shall be determined by
mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If
notice of any change in the contract or contract time is required to be given to a
surety by the provisions of the bond, the giving of such notice shall be the
Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the
City Failure of the Contractor to obtain such approval from the Surety may be a
basis for termination of this Contract by the City.
8) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
deliveries, adverse weather conditions not reasonably anticipated, unavoidable
casualties or other causes beyond the Contractor's control, or by other causes which
the City and Contractor agree may justify delay, then the Contract Time shall be
reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting
delay, in accordance with and to that extent specifically provided above. No extension
of time shall be granted for delays resulting from normal weather conditions prevailing in
the area as defined by the average of the last ten (1 Q) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale Weather Station.
9) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
---Agreempnt
City of Tamarac Purchasing and Contracts Division
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
10) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment and as additionally provided for in the contract documents. In the
event that defect occurs during this time, Contractor shall perform such steps as
required to remedy the defects. Contractor shall be responsible for any damages
caused by defect to affected area or to interior structure. The warranty period does not
begin until approval of final payment for the entire project, and the subsequent release
of any Performance or Payment Bonds, which may be required by the original bid.
11) Indemnification
11.1 Contractor shall indemnify and hold harmless 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 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 the operations of
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of 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 claim may be made after the termination hereof.
11.2 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.
12) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Contractor will take affirmative action to ensure that employees
are treated during employment, without regard to their race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. Such actions must include, but not be limited to, the following:
employment, promotion; demotion or transfer; recruitment or recruitment advertising,
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor shall agree to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
by the contracting officer setting forth the provisions of this nondiscrimination clause.
.... ......... ........ ........ ........ .................................................. ......... ........ ........ ........ .........
icyAgreement
CifV of darn r rc FGarctaasir�g anc9 Contracts Division
The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
13) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
14) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
15) 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 either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
. . ... ...... . .. .......... . . .. . . . . ......................................................... .......... ....... . . .. .. . . ....... . ......................... . ............... .. .......... . ....... . . .
71 Agreement
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tarty a1 iarn �r ��, Purch�si__rrc� -and Gorrtracts.. (7ivrsrnn
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
16) Termination
16.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
16.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor 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 thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
17) 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.
18) 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.
19) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
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72 Agreernent
City of Tamarac. —� � Purchasing and Contracts Division
20) 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 non-
enforcement 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.
21) Uncontrollable Circumstances
21.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
21.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
22) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor 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 Contractor and the City.
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73 Agreement
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City of Tarnari.ic Purchasing and Contracts Division
23) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
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74 Agreernerd
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President duly authorized to execute same.
ATTEST:
Peter Richardson, CMR, CIVIC
City Clerk
Date
Signature of Corporate Secretary
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Pamela Bushnell, Mayor
Date
Michael C. Cernech, City Manager
Date
Approved as to form and legal sufficiency:
City Attorney
Date
Company Name
Signature of President
Type/Print Name of President
Date
76 Agreement
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C,
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City of Tamararc Purchasing and Contracts Owision
CORPORATE ACKNOWLEDGEMENT
STATE OF
SS
COUNTY OF
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
, President, , a Florida
Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this — day of , 2011.
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
75 Agreement
../...............
t..+� V r ,rYi7c37ciC T: r" D1w'sh.,r;
ll''C;ii<1vit3Cpr`if7i��.".CiY%i.r3�,'�
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
LANIER PLANS, INC. DBA KORKAT
THIS AGREEMENT is made and entered into this day of , 2011
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 Lanier Plans,
Inc. dba Korkat, a Georgia corporation with principal offices located at 221 Cable
Industrial Way, Carrollton, GA 30117 (the "Contractor") to provide Tamarac Sports
Complex Improvements.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 11-26B,
including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions), drawings, Technical Specifications, all addenda, the
Contractor's bid/proposal included herein, 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 as if attached to this Agreement or repeated therein. In the event
that there is a conflict between 11-26B as issued by the City, and the Contractor's
Proposal, 11-26B as issued by the City shall take precedence over the Contractor's
Proposal. Furthermore, in the event of a conflict between this document and any other
Contract Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
................................................................................................................... .........................................................................................
,.; %`y' i77..7..E1;;'r f:a(fiC;iia5iog and %ontt acts %.) vis%€. n
2.1.3 Contractor 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 with the exception of changes caused by
inclement weather.
2.1.4 Contractor 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 Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City and City's Engineering firm as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-
insurance retentions on Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 Work to be performed under this Agreement shall be commenced after
City execution of the Agreement and not later than ten (10) days after the
date that Contractor receives the City's Notice to Proceed. The work shall
be substantially completed within (60) calendar days from issuance of
City's Notice to Proceed, and final complete (30) calendar days thereafter,
subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, completion shall mean
issuance of final payment.
4.2 During the pre -construction portion of work hereunder, parties agree to
work diligently and in good faith in performing their obligations hereunder,
so that all required permits for the construction portion of the work may be
........................
........................................................._.. ......... ........ ................................................................
�i Iy of Tam i=.:iC: r>i.ilf" hasin g and Gantiadti „ wi: son
obtained by City in accordance with the Schedule included in the Contract
Documents. In the event that any delays in the pre -construction or
construction portion of the work occur, despite diligent efforts of the parties
hereto, and such delays are the result of force majeure or are otherwise
outside of the control of either party hereto, then the parties shall agree on
an equitable extension of the time for substantial completion hereunder
and any resulting increase in general condition costs.
5) Contract Sum
The Contract Sum for the above work is Seventy Two Thousand One Hundred
Forty Three Dollars and thirty eight cents ($72,143.38).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218, The City desires to be able to make
payments utilizing City's Visa Procurement Card as a means of expediting payments. It
is highly desirable that the successful proposer have the capability to accept a Visa
Procurement/Credit card as a means of payment.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by the
City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall be
the sole judge of non-conformance and the quality of workmanship.
\1 ...... P....................................
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and executed
by the City and Contractor. Once the change order is so approved, the Contractor
shall promptly proceed with the work. All Change Orders shall include overhead
and profit, not to exceed five percent (5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to
authorized adjustments, if applicable) payable to the Contractor for performing the
work. All duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract Price or
Time except as approved in writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order.
A fully executed change order for any extra work must exist before such extra work
is begun. Any claim for an increase or decrease in the Contract Price shall be
based on written notice delivered by the party making the claim to the other party
promptly (but in no event later than 15 days) after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. The amount of
the claim with supporting data shall be delivered (unless the City allows an
additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts to which the claimant is entitled as a result of the
occurrence of said event. No claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later than
fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of
the extent of the claim shall be delivered with supporting data and stating the
general nature of the claim. Contractor hereby agrees to waive rights to recover
any lost time or incurred costs from delays unless Contractor has given the notice
and the supporting data required by this Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be granted for
delays to the work, unless the Contractor can clearly demonstrate that such delays
did or will, in fact, delay the progress of work as a whole. Time extensions shall not
be allowed for delays to parts of the work that are not on the critical path of the
4 Agreement
.... ......................................................... ......... ......... ......... ...... ........................ .... ....
/ of F<iilliii":? F'Iur;P=as07C i" id C(}obi3C,'9
project schedule. Time extensions shall not be granted until all float or contingency
time, at the time of delay, available to absorb specific delays and associated
impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order has
not been issued, the City reserves the right at its sole option to terminate the
contract as it applies to these items in question and make such arrangements as
the City deems necessary to complete the work. The cost of any work covered by
a change order for an increase or decrease in the contract price shall be
determined by mutual acceptance of a Guaranteed Maximum Price by the City and
Contractor. If notice of any change in the contract or contract time is required to be
given to a surety by the provisions of the bond, the giving of such notice shall be
the Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the
City Failure of the Contractor to obtain such approval from the Surety may be a
basis for termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
deliveries, adverse weather conditions not reasonably anticipated, unavoidable
casualties or other causes beyond the Contractor's control, or by other causes which
the City and Contractor agree may justify delay, then the Contract Time shall be
reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting
delay, in accordance with and to that extent specifically provided above. No extension
of time shall be granted for delays resulting from normal weather conditions prevailing in
the area as defined by the average of the last ten (10) years of weather data as
.............
f a urchasi g an(i
CFii t�, i .t?�,r� ,c: CGntiai.ts r)ixrs={,rt
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or Contractors who worked on the project that is the
subject of this Agreement. Payment of the invoice and acceptance of such payment by
the Contractor shall release City from all claims of liability by Contractor in connection
with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible
for any damages caused by defect to affected area or to interior structure. The one (1)
year warranty period does not begin until approval of final payment for the entire project,
and the subsequent release of any Performance or Payment Bonds, which may be
required by the original bid.
12) Indemnification
12.1 The Contractor 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 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 the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property 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.
12.2 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
13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
................................................................................
......... ......... ....... ........ ..................
.. paroio iSing anc! C of,t(c? tS }f'rr'S1if; n
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
16) 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 either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
........................................................ ..........
..
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Lanier Plans, Inc., DBA Korkat
221 Cable Industrial Way
Carrollton, GA 30117
(770) 214 9322
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor 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 thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
18) 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.
Acre e,i,, on,
.............................................................................. .
19) 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.
20) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
21) 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 non-
enforcement 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.
22) Uncontrollable Circumstances
22.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
22.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
�?ffrEE?1;7F?rlP
........................................................................ .............
23) Merger; Amendment
.................................................
Pvrcf"asr ,7g and C anttaays, Dhvisi cw,,
This Agreement constitutes the entire Agreement between the Contractor 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 Contractor and the City.
24) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
__ ...... ... .... __._.
.................................................................................
.........................................................................
0,1Y of PtY1 i+ :, PI1Cf;hast"g i•"snd i 1, N--?cr D 't s.='f, n
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President duly authorized to execute same.
gS-�pgLISHg®
1963
SEAL
ATTEST:
Peter M.J. Richarl%on, CRM,CMC-
City Clerk
Date
CITY OF TAMARAC
P..L P
•�
Pamela Bushnell, Mayor
IlltnlU1
Michael C. Cernech, City Manager
Date
Approved as to form and legal sufficiency:
City Att6rn y
Date
ATTEST: Lanier Plans, Inc. dbgAorkat
Compa Na
Signaturai"c retary ignature of ----
Shane Lanier
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
Shane Lanier
Type/Print Name of President
42
Date
11 A.qeeme"��'
:1� "�
'S 1 c8 � i
iP.f
City of I rPat+;?1<3f: f'tiC£;Ydasin i Coot,, acts �i ✓1�;i)''i
CORPORATE ACKNOWLEDGEMENT
STATEOF CCEoRCiA
:SS
COUNTYOF C,4RRpLlr
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
Shone Lonier-
President of Lanier Plans, Inc., dba Korkat a Georgia Corporation, to
me known to be the person(s) described in and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this • day of —I C%vbe, , 2011.
Signature.601N�ary Public -
State of 6e'6tia at Large
CO-i4ol "
Prink, Type or Stamp
Name of'Rbtary Public_
Personally known to me or
❑ Produced Identification
Type of I.D. Produced
[]� DID take an oath, or
❑ DID NOT take an oath.
12
No Text