HomeMy WebLinkAboutCity of Tamarac Resolution R-2023-085Temp. Reso. #13906
August 23, 2023
Page 1 of 7
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2023 - 05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AWARDING BID NO. 23-08B TO
AND APPROVING AN AGREEMENT WITH JANICE M.
RILEY, INC., D.B.A. THE PAVING LADY, FOR THE
MAINLANDS OF TAMARAC SECTION 1-5 & HIATUS ROAD
PAVEMENT RESURFACING PROJECT (BROWARD
COUNTY SURTAX -FUNDED MOBILITY ADVANCEMENT
PROJECT BC-TAM-FY2020-00001), IN ACCORDANCE
WITH BID NO. 23-08B FOR A CONTRACT AMOUNT OF
$2,569,495.61; A CONTINGENCY IN THE AMOUNT OF
$256,949.56 WILL BE ADDED TO THE PROJECT
ACCOUNT FOR A TOTAL PROJECT BUDGET OF
$2,826,445.17, AUTHORIZING AN APPROPRIATION FOR
THE RECEIPT AND EXPENDITURE FOR THE SURTAX
FUNDS TO BE INCLUDED IN A FUTURE BUDGET
AMENDMENT PURSUANT TO F.S. 166.24(12);
AUTHORIZING AN EXPENDITURE FROM THE
APPROPRIATE ACCOUNTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY: AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Broward County voters approved a 30-year, one percent surtax (also
known as "Penny for Transportation") for transportation in November 2018 and the first
distribution of surtax revenues was received by Broward County from the Florida
Department of Revenue in March 2019; and
WHEREAS, as part of the evaluation process for eligibility on transportation surtax
funded projects, the City of Tamarac was awarded Cycle 1 transportation surtax funding
for four capital projects and one Rehabilitation and Maintenance (R&M) project, including
the Mainlands of Tamarac Section 1-5 Pavement Resurfacing Project/BC-TAM-FY2020-
00001. A Municipal Interlocal Agreement for Surtax -Funded Transportation Projects was
executed and approved by City Commission and Broward County Board of County
Temp. Reso. #13906
August 23, 2023
Page 2 of 7
Commissioners (Reso# R-2022-100) on September 14, 2022.; and
WHEREAS, the Mainlands of Tamarac Section 1-5 Pavement Resurfacing Project
would allow for resurfacing of existing deteriorating pavement conditions withing the
Mainlands Section 1-5 community. The proposed work includes, but is not limited to milling
and asphalt pavement resurfacing, surface preparation, sanitary manhole, catch basin, and
water valve adjustments, key cuts tie-ins with existing asphalt and driveway connections, tack
coat application, leveling and surface course placement, and temporary and permanent
pavement marking applications, in accordance with the technical specifications, design plans,
and all applicable federal, state, county and local regulations.; and
WHEREAS, The City of Tamarac publicly advertised Bid No. 23-08B for the
Mainlands of Tamarac Section 1-5 Pavement Resurfacing Project on January 15, 2023;
incorporated herein by reference and on file in the office of the City Clerk; and
WHEREAS, on February 16, 2023, the City received and opened four (4)
proposals for the Mainlands of Tamarac Section 1-5 Pavement Resurfacing Project, a bid
tabulation is attached hereto as "Exhibit 1 "; and
WHEREAS, submitted bids from Homestead Concrete and Weekley Asphalt
resulted in non -responsive as bidders failed to provide required bid bonds within the
allotted bid process. Their bids were ultimately disqualified.; and
WHEREAS, Broward County Office of Economic and Small Business
Development (OESBD) through the requirements of the Municipal Interlocal Agreement
for Surtax -Funded Transportation Projects determined Janice M. Riley, Inc., D.B.A. The
Paving Lady to be compliant in meeting the County Business Enterprise (CBE) program
Temp. Reso. #13906
August 23, 2023
Page 3 of 7
requirements (40% minimum participation goal), whereas, M&M Asphalt Maintenance,
Inc., only submitted one Letter of Intent (LOI) with 8% CBE commitment which was
deemed to be non -compliant with the CBE Program requirements of the solicitation by
Broward County Office of Economic and Small Business Development (OESBD).; and
WHEREAS, City staff reviewed the submitted bids and Broward County's
evaluation for CBE participation compliance requirements and deemed the lowest bidder,
M&M Asphalt Maintenance, Inc., to be non -responsible and non -responsive; and upon
review of the next bid submittal determined, Janice M. Riley, Inc., D.B.A. The Paving
Lady, to be the lowest responsive and responsible bidder, and upon review of their
proposal and background check, that Janice M. Riley, Inc., D.B.A. The Paving Lady,
possess the skills, experience, and capacity to meet the requirements for the construction
of the Mainlands of Tamarac Section 1-5 Pavement Resurfacing Project; and
WHEREAS, as part of the City's Resurfacing Program, a request to include the
City -owned portion of Hiatus Road into the Project Funding Agreement (PFA) was
formally submitted to Broward County, with a formal approval memo issued by Broward
County Mobility Advancement Program on July 25, 2023, supporting inclusion of the
City's proposed Hiatus Road resurfacing into the surtax project BC-TAM-FY2020-00001.
Upon review of their proposal with the inclusion of Hiatus Road, Janice M. Riley, Inc.,
DBA the Paving Lady has agreed to the Terms and Conditions, Special Conditions,
Project Plans and Technical Specifications of Bid No. 23-08B; and
WHEREAS, the proposed work for the City -owned portion of Hiatus Road includes
milling and asphalt pavement resurfacing, surface preparation, sanitary manhole, catch
basin, and water valve adjustments, key cuts tie-ins with existing asphalt and driveway
Temp. Reso. #13906
August 23, 2023
Page 4 of 7
connections, tack coat application, leveling and surface course placement, temporary and
permanent pavement marking applications, in accordance with the technical
specifications, design plans, and all applicable federal, state, county and local regulations,
with the work to be located along Hiatus Road from north side of Commercial Blvd to
approximately 584 feet north of NW 67th street; and
WHEREAS, it is the recommendation of the Public Services Director, Director of
Financial Services, and Purchasing and Contracts Manager that the appropriate City
Officials award Bid No. 23-08B and execute the agreement with Janice M. Riley, Inc.
D.B.A. The Paving Lady, for the Mainlands of Tamarac Section 1-5 & Hiatus Road
Pavement Resurfacing Project, a copy of said agreement is attached hereto as "Exhibit
2"; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award Bid No. 23-
08B and execute the agreement for the Mainlands of Tamarac Section 1-5 & Hiatus Road
Pavement Resurfacing Project with Janice M. Riley, Inc. D.B.A. The Paving Lady, for a
contract amount of $2,569,495.61; a contingency in the amount of $256,949.56, for a total
project budget of $2,826,445.17.
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
Temp. Reso. #13906
August 23, 2023
Page 5 of 7
specific part hereof.
SECTION 2: The City Commission HEREBY awards Bid No. 23-08B to
Janice M. Riley, Inc., D.B.A. The Paving Lady and approves an Agreement between the
City of Tamarac and Janice M. Riley, Inc., D.B.A. The Paving Lady ("the Agreement") and
the appropriate City Officials are hereby authorized to execute the Agreement, attached
hereto as "Exhibit 2", to provide for the Mainlands of Tamarac Section 1-5 & Hiatus Road
Pavement Resurfacing Project.
SECTION 3: Funding for the Mainlands of Tamarac Section 1-5 & Hiatus
Road Pavement Resurfacing Project in the amount not to exceed $2,817,339.00 is
available through the Municipal Transportation Surtax Program in accordance with the
executed Municipal Interlocal Agreement for Surtax -Funded Transportation Projects
between the City of Tamarac and Broward County (BC-TAM-FY2020-00001), per
Resolution No. R-2022-100. Per Bid No. 23-08B, and Broward County approval on the
inclusion of City -owned portion of Hiatus Road, the contract amount shall not exceed
$2,569,495.61-1 of which funding shall be available through the Municipal Transportation
Surtax Program in accordance with the executed Municipal Interlocal Agreement between
the City of Tamarac and Broward County. A contingency in the amount of $256,949.56
will be added to the project account and will be included as an appropriation in a future
Budget amendment; for a total project budget of $2,826,445.17. Although no significant
issues are anticipated, the contingency is reasonable considering the nature of the
project.
SECTION 4: An appropriation for the receipt and expenditure of the Surtax
funds, will be included in a future Budget Amendment pursuant to F.S. 166.214 (2).
Temp. Reso. #13906
August 23, 2023
Page 6 of 7
SECTION 5: An expenditure for a contract cost of $2,569,495.61; and a
contingency in the amount of $259,949.56, for a total project budget of $2,826,445.17 for
said purposes is hereby approved.
SECTION 6: The City Manager or his designee is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes, but is not limited to,
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions and pricing of the
agreement.
SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 8: 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 9: This Resolution shall become effective immediately upon its
passage and adoption.
"The remainder of this page is left blank intentionally."
Temp. Reso. #13906
August 23, 2023
Page 7 of 7
PASSED, ADOPTED AND APPROVED this day of Amc-- Lt ST 12023.
ATTEST:
BER Y DILLON, CMC
CITY CLERK
MICA LLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: V/M BOLTON
DIST 2: COMM. WRIGHT JR
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
CITY ATTORNEY
TR 13906 EXHIBIT 1
23-08B - MAINLANDS OF TAMARAC SECTIONS 1-5 & HIATUS RD PAVEMENT RESURFACING PROJECT / TAMA 00001
M&M Asphalt Maintenance
HOMESTEAD
JANICE M. RILEY INC. DBA THE
Inc.
CONCRETE /
WEEKLY ASPHALT /
PAVING LADY
DBA All County Paving
DISQUALIFIED
DISQUALIFIED
NON -RESPONSIVE
Line
Description
Quantity
Unit of
Unit Price
Total
Unit Price
Total
Unit Price
Total
Unit Price
Total
item
Measure
'
Indemnification
1
LUMP SUM
$ 10.00
S 10.00
$ 10.00
$ 10.00
$
'
Bonds and Insurance
1
LUMP SUM
$ 42 490.10
$ 42,490.10
$ 10,000.00
$ 10,000.00
$
'
Mobilization / Demobilzaticn'
1
LUMP SUM
$ 118,670.09
$ 118,670.09
$ 5,000.00
$ 5,000.00
$
°
Maintenance of Traffic
1
LUMP SUM
$ 155,259.92
S 155,259.92
$ 23,395.00 1
$ 23,395.00
s
Installation and Maintenance of the
Storm Water Pollution Prevention
Measures (NPDES/Erosion Control)
1
LUMP SUM
$ 28,287.18
S 28.287A8
$ 12,650.00
$ 12,650.00
o
SQUARE
Milling of Existing Asphalt (1" Min.)
176935
YARD
$ 2.25
S 398.103.75
$ 1.88
$ 332,637.80
Speed Hump Key -Cuts Tie-ins 12"
EACH
minimum (2 key -cuts per speed hump)
54
$ 854.40
$ 46.137.60
$ 100.00
$ 5,400.00
s
SQUARE
$
$
1" SP-9.5 Surface Course Resurfacin g
176935
YARD
$ 8.25
$ t,459.713.75
$ 7.95
$ 1,406,633.25
9
Leveling Course (Type SP-9.5 Asphalt)
400
TON
$ 220.00
$ 88,000.00
$ 125.00
$ 50,000.00
$
5
,o
Thermoplastic Pavement Markings 6"
SQUARE
$
$
White Solid
22683
YARD
$1.941
$ 44,005.02
$ 1.75
$ 39,695.25
Thermoplastic Pavement Markings 6"
LINEAR
5
Yellow Solid
19213
FEET
$1.94
$ 37,273.22
$ 1.75
$ 33,622.75
$ -
r�
Thermoplastic Pavement Markings 6"
LINEAR
$
y
Double Yellow Solid
9516
FEET
S 3.89
$ 37,017.24
$ 3.50
$ 33,306.00
Thermoplastic Pavement Markings 6" 10'-
LINEAR
30' White Skip
12208
FEET
$ 1.94
S 23,683.52
$ 1.75
S 21,364.00
Thermoplastic Pavement ar ings 1 -
LINEAR
14
30' Yellow Skip
8280
FEET
S 1.94
S 16,063.20
S 1.75
$ 14,490.00
S
5
's
Thermoplastic Pavement Markings 6" 6'-
LINEAR
FEET
s -
10' Yellow Dotted
2974
$ 1.94
$ 5.769.56
$ 1.75
$ 5,204.50
re
Thermoplastic Pavement Markings 12"
LINEAR
Solid White
200
FEET
$ 5.68
$ 1,136.00
$ 5.15
$ 1,030.00
„
Thermoplastic Pavement Markings 18"
LINEAR
$
Yellow Solid
412
FEET
$ 8.42
S 3469.04
1 $ 7.65
$ 3,151.80
�y
Thermoplastic Pavement Markings 24"
LINEAR
$
White Solid
1539
FEET
$ 7.92
$ 12,188.88
$ 7.05
$ 10,849.95
Thermoplastic Pavement Markings
EACH
$ -
Arrow and Only Pavement Markings
89
$ 218.70
$ 19,464.30
$ 202.50
S 18,022.50
Temporary Pavement Markings (Paint) 24"
LINEAR
White Solid
1414
FEET
$ 3.96
$ 5,599.44
$ 5.00
$ 7,070.00
u
Reflective Pavement Markings (Bi-Dir
EACH
-
Amber/Amber)
1680
$7.26
S 12,196.80
$ 6.50
$ 10,920.00
Reflective Pavement Markings Bi-Dir
White/White)
209
EACH
S726
$ 1,517.34
$ 6.50
S 1,358.50
$
Reflective Pavement Markings (Bi-Dir
$ _
x3
White/White)
1179
EACH
$7.26
S 8,559.54
$ 6.50
$ 7,663.50
°
EACH
Reflective Pavement Markings (Blue)
115
$ 7.26
$ 834.90
$ 6.50
$ 747.50
xs
Right Lane Must Turn Right Sign (R3-7R)
EACH
(30"x30")
1
$ 785.40
S 785.40
3 700.00
S 700.00
Yellow Reflective Traffic Paint at Median
LINEAR
26
Bull Nose
838
FEET
$ 3.891
$ 3.259.82
1 $ 0.85
1 S 712.30
1
1 $
$
Subtotal:
$ 2,569,495.61
$ 2,055,634.60
'VENDORS DISQUALIFIED DUE TO LATE ARRIVAL OF BID BOND'
'VENDOR NON -RESPONSIVE FROM FAILING TO MEET BROWARD COUNTY CBE
REQUIREMENTS
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
PRICING SCHEDULE
23-08B
MAINLANDS OF TAMARAC SECTIONS 1-5 and HIATUS ROAD PAVEMENT
RESURFACING PROJECT
The Bidder, hereby declares that he or she has carefully examined the site of the proposed work, the
plans and specifications contained herein, and does hereby agree to furnish all labor, materials, tools,
equipment and incidentals and to sustain all the expenses incurred in performing the work in strict
accordance with the contract documents, plans & specification, which are made a part thereof at the
following prices offered. This bid schedule shall be inclusive of all costs to commence and complete
the Project as stipulated in the Contract Documents, Exhibits, Scope of Work, Plans and
Specifications, along with all other related costs as indicated in this solicitation. In the event of latent
multiplication errors, the Bidder recognizes that these are clerical errors and may be corrected by the
Owner.
The bid schedule is available online at: hftps://tamarac.bidsandtenders.org/Module/Tenders/en
To be eligible for award of this project, the Bidder 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.
State: Certified General Contractor License, defined by F.S. 489.105 3a, with at
least three (3) years of verifiable full-time successful experience on similar
size and scope projects.
or
County: Broward County: Section 9.96 — Category 3 — Special Engineered Road
and Surfacing Builders License, Class "3A" with evidence of at least three
(3) successful projects completed of similar size and scope within the last three
(3) years.
Occupational license must be in effect as required by Florida Statute §205.065.
When the successful Contractor is performing work in other locations outside of Broward County or
the State of Florida, Contractor shall be subject to the requirements for all appropriate local
jurisdictions.
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.
This bid will remain subject to acceptance for ninety (90) calendar days after the day of bid
opening. Bidder will sign and submit the necessary documents required by the City within
fifteen (15) calendar days prior to the date of the City's Award.
23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
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.
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.
Bidder will complete the Work for the prices shown in the "Bid Form".
2. Bidder agrees that the Work will be substantially performed and complete in accordance with
the schedules established herein.
ITEM
NO.
DESCRIPTION
UNIT
EST CITY
UNIT PRICE
EXTENDED TOTAL PRICE
1
Indemnification
LS
1
$ 10.00
$ 10.00
2
Bonds and Insurance
LS
1
$ 42,490.20
$ 42,490.20
3
Mobilization/Demobilization*
LS
1
$ 118,670.09
$ 118,670.09
4
Maintenance of Traffic
LS
1
$155,259.92
$ 155,259.92
5
Installation and Maintenance of the
Storm Water Pollution Prevention
Measures (NPDES/Erosion Control)
LS
1
$ 28,287.18
$ 28,287.18
6
Milling of Existing Asphalt (1" Min.)
SY
176,935
$ 2.25
$ 398,103.75
7
Speed Hump Key -Cuts Tie-ins, 12"
minimum (2 key -cuts per speed
hump)
EA
54
$ 854.40
$ 46,137.60
8
1" SP-9.5 Surface Course Resurfacing
SY
176,935
$ 8.25
$1,459,713.75
9
Leveling Course (Type SP-9.5 Asphalt)
TON
400
$ 200.00
$ 88,000.00
10
Thermoplastic Pavement Markings,
6" White Solid
LF
22,683
$ 1.94
$ 44,005.02
11
Thermoplastic Pavement Markings,
6" Yellow Solid
LF
19,213
$ 1.94
$ 37,273.22
2
23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project/ TAMA FY 2020-00001 dl
TAMARAC
The City For Your Life
ON of Tamarac
Purchasing and Contracts Division
Thermoplastic Pavement Markings,
12
6" Double Yellow Solid
LF
9,516
$ 3.89
$ 37,017.24
Thermoplastic Pavement Markings,
13
6" 10'-30' White Skip
LF
12,208
$ 1.94
$ 23,683.52
Thermoplastic Pavement Markings,
14
6" 10'-30' Yellow Skip
LF
8,280
$ 1.94
$ 16,063.20
Thermoplastic Pavement Markings,
15
6" 6'-10' Yellow Dotted
LF
2,974
$ 1.94
$ 5,769.56
Thermoplastic Pavement Markings,
16
12" Solid White
LF
200
$ 5.68
$ 1,136.00
Thermoplastic Pavement Markings,
17
18" Yellow Solid
LF
412
$ 8.42
$ 3,469.04
Thermoplastic Pavement Markings,
18
24" White Solid
LF
1,539
$ 7.92
$ 12,188.88
Thermoplastic Pavement Markings,
19
Arrow and Only Pavement Markings
EA
89
$ 218.70
$ 19,464.30
Temporary Pavement Markings
20
(Paint), 24" White Solid
LF
1,414
$ 3.96
$ 5,599.44
Reflective Pavement Markings, (Bi-
21
Dir, Amber/Amber)
EA
1,680
$ 7.26
$ 12,196.80
Reflective Pavement Markings, (Bi-
22
Dir, White/White)
EA
209
$ 7.26
$ 1,517.34
Reflective Pavement Markings, (Bi-
23
Dir, White/Red)
EA
1,179
$ 7.26
$ 8,559.54
24
Reflective Pavement Markings, (Blue)
EA
115
$ 7.26
$ 834.90
Right Lane Must Turn Right Sign (133-
25
7R) (30"x30")
EA
1
$ 785.40
$ 785.40
Yellow Reflective Traffic Paint at
26
Median Bull Nose
LF
838
$ 3.89
$ 3,259.82
Grand Total:
$2,569,495.61
In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature
and may be corrected by City.
For each bid item, Bidder agrees to furnish all labor, materials, tools, and equipment necessary to
properly perform the work described herein in accordance with the contract documents, scope of
work, technical specifications and the project drawings. A more detailed description of Pay Items is
located throughout the Technical Specifications. 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.
* There is a 5% cap - Bid Item 3 (refer to Section 01025).
3
23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 ,�I /
TAMARAC
r
The City For Your Life
City of Tamarac Purchasing and Contracts Division
TABLE OF CONTENTS
PRICINGSCHEDULE...............................................................................................................................1
CONTRACT BETWEEN THE CITY OF TAMARAC AND.................................................................................... 7
JANICE M. RILEY, INC. D.B.A. THE PAVING LADY..........................................................................................7
SUMMARY OF TERMS AND CONDITIONS.................................................................................................... 7
CONTRACT.................................................................................................................................................... 9
ARTICLE1 DEFINITIONS....................................................................................................................................................9
ARTICLE2 SCOPE OF WORK.......................................................................................................................................... 11
ARTICLE3 CONTRACT TIME........................................................................................................................................... 12
ARTICLE4 CONTRACT SUM............................................................................................................................................ 13
ARTICLE 5 PROGRESS PAYMENTS................................................................................................................................13
ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT.......................................................................................................... 15
ARTICLE 7 REPRESENTATIONS AND WARRANTIES.................................................................................................... 16
ARTICLE8 MISCELLANEOUS.......................................................................................................................................... 18
CONTRACTSUPPLEMENT........................................................................................................................... 25
GENERALCONDITIONS............................................................................................................................... 26
ARTICLE 1
CONTRACT DOCUMENTS.............................................................................................................................26
ARTICLE 2
INTENTION OF MUNICIPALITY......................................................................................................................
26
ARTICLE 3
PRELIMINARY MATTERS..............................................................................................................................
26
ARTICLE 4
PERFORMANCE BOND AND PAYMENT BOND............................................................................................
28
ARTICLE 5
QUALIFICATION OF SURETY........................................................................................................................
28
ARTICLE6
INDEMNIFICATION.........................................................................................................................................29
ARTICLE 7
INSURANCE REQUIREMENTS......................................................................................................................
30
ARTICLE 8
LABOR AND MATERIALS..............................................................................................................................
34
ARTICLE 9
ROYALTIES AND PATENTS..........................................................................................................................
34
ARTICLE10
WEATHER.......................................................................................................................................................35
ARTICLE 11
PERMITS, LICENSES, AND IMPACT FEES...................................................................................................35
ARTICLE 12
RESOLUTION OF DISPUTES.........................................................................................................................35
ARTICLE 13
INSPECTION OF WORK.................................................................................................................................36
ARTICLE 14
SUPERINTENDENCE AND SUPERVISION....................................................................................................
37
ARTICLE 15
MUNICIPALITY'S RIGHT TO TERMINATE CONTRACT................................................................................
38
ARTICLE 16
SUSPENSION OF WORK...............................................................................................................................40
ARTICLE 17
PROJECT RECORDS AND RIGHT TO AUDIT...............................................................................................40
ARTICLE 18
RIGHTS OF VARIOUS INTERESTS................................................................................................................42
ARTICLE19
EXPLOSIVES..................................................................................................................................................42
ARTICLE 20
DIFFERING SITE CONDITIONS......................................................................................................................42
ARTICLE 21
PLANS AND WORKING DRAWINGS.............................................................................................................43
ARTICLE 22
CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA............................................................43
ARTICLE 23
CONTRACTOR'S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS.....................................................43
ARTICLE24
WARRANTY....................................................................................................................................................
43
ARTICLE 25
SUPPLEMENTARY DRAWINGS.....................................................................................................................44
ARTICLE 26
DEFECTIVE WORK.........................................................................................................................................44
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8.
TAMARAC
The City For Your Life
City of Tamarac
Purchasing and Contracts Division
ARTICLE27
TAXES.............................................................................................................................................................44
ARTICLE28
SUBCONTRACTS...........................................................................................................................................45
ARTICLE29
SEPARATE CONTRACTS..............................................................................................................................
45
ARTICLE 30
USE OF COMPLETED PORTIONS.................................................................................................................46
ARTICLE31
LANDS OF WORK..........................................................................................................................................47
ARTICLE 32
LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS..................................................................................47
ARTICLE 33
LOCATION AND DAMAGE TO EXISTING FACILITIES, EQUIPMENT, OR UTILITIES..............................47
ARTICLE 34
VALUE ENGINEERING...................................................................................................................................48
ARTICLE 35
PAYMENT BY MUNICIPALITY FOR TESTS...................................................................................................48
ARTICLE 36
CHANGE IN THE WORK OR TERMS OF CONTRACT...................................................................................48
ARTICLE 37
FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS.............................................................................49
ARTICLE38
CHANGE ORDERS.........................................................................................................................................49
ARTICLE 39
VALUE OF CHANGE ORDER WORK.............................................................................................................
50
ARTICLE 40
NOTIFICATION AND CLAIM FOR CHANGE OF CONTRACT TIME OR CONTRACT PRICE .......................
53
ARTICLE 41
NO DAMAGES FOR DELAY...........................................................................................................................
54
ARTICLE42
EXCUSABLE DELAY...................................................................................................................................... 54
ARTICLE 43
SUBSTANTIAL COMPLETION.......................................................................................................................
55
ARTICLE44
NO INTEREST................................................................................................................................................. 56
ARTICLE45
SHOP DRAWINGS..........................................................................................................................................
56
ARTICLE 46
FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS........................................................................
57
ARTICLE 47
SAFETY AND PROTECTION..........................................................................................................................
58
ARTICLE 48
FINAL BILL OF MATERIALS..........................................................................................................................
58
ARTICLE49
PROJECT SIGN..............................................................................................................................................
58
ARTICLE 50
CLEANING UP; MUNICIPALITY'S RIGHT TO CLEAN UP.............................................................................59
ARTICLE 51
HURRICANE PRECAUTIONS.........................................................................................................................
59
ARTICLE 52
REMOVAL OF EQUIPMENT...........................................................................................................................59
ARTICLE 53
DOMESTIC PARTNERSHIP REQUIREMENT.................................................................................................
59
ARTICLE 54
EQUAL EMPLOYMENT OPPORTUNITY AND CBEISBE COMPLIANCE......................................................
59
ARTICLE 55
PUBLIC RECORDS.........................................................................................................................................
62
SUPPLEMENTAL GENERAL CONDITIONS....................................................................................................
64
SUPPLEMENTAL WAGE REQUIREMENTS....................................................................................................
64
FORM1: PERFORMANCE BOND.................................................................................................................
66
FORM2: PAYMENT BOND.......................................................................................................................... 69
FORM 3: CERTIFICATE AS TO CORPORATE PRINCIPAL............................................................................... 72
FORM 4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500,000.00 OR LESS .............................. 73
FORM 5: UNCONDITIONAL LETTER OF CREDIT (PERFORMANCE AND PAYMENT GUARANTY FORM).... 75
FORM 6: MONTHLY (CBE/SBE) UTILIZATION REPORT............................................................................... 77
FORM 7: FINAL (CBE/SBE) UTILIZATION REPORT...................................................................................... 78
Prior to submittal, Contractor must download the most current version of this form, which is available
online at: https://www.broward.org/EconDev/Documents/CBEMURUtilizationReport.pdf................ 78
FORM 8A: STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE) ....................................................... 79
FORM 813: STATEMENT OF COMPLIANCE (DAVIS-BACON ACT)................................................................. 80
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TAMARAC
/ti/1-`.
The City For Your Life
City of Tamarac Purchasina and Contracts Division
FORM 9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS.............................................................. 81
FORM 10: CERTIFICATE OF SUBSTANTIAL COMPLETION........................................................................... 82
FORM 11: FINAL CERTIFICATE OF PAYMENT.............................................................................................. 84
FORM 12: FORM OF FINAL RECEIPT........................................................................................................... 85
FORM 13: FINAL LIST OF NON -CERTIFIED SUBCONTRACTORS AND SUPPLIERS ....................................... 87
STATEMENT OF CBE/SBE ASSURANCE....................................................................................................... 89
EXHIBIT 1 INSURANCE REQUIREMENTS..................................................................................................... 90
EXHIBIT 2 CBE / SBE UTILIZATION REQUIREMENTS................................................................................... 92
6
23-088 Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 ,� /
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CONTRACT BETWEEN THE CITY OF TAMARAC AND
JANICE M. RILEY, INC. D.B.A. THE PAVING LADY
FOR MAINLANDS OF TAMARAC SECTIONS 1-5 AND HIATUS ROAD PAVEMENT RESURFACING
PROJECT
BID/CONTRACT NO.: 23-08B
Project Title:
MAINLANDS OF TAMARAC SECTIONS 1-5 AND HIATUS ROAD
PAVEMENT RESURFACING PROJECT
Location:
Mainlands of Tamarac Section 1-5 Subdivision, and Hiatus Road,
Tamarac, Florida
IFB Number:
23-08B
,Contract
23-08B
Number:
Project
#BC-TAM-FY2020-00001
Number:
SUMMARY OF TERMS AND CONDITIONS
General Contractor:
Janice M. Riley, Inc DBA The Paving Lady
Contractor Address:
1000 W. Industrial Avenue
Boynton Beach, Florida 33428
Federal Identification No.:
65-0303696
Contract Administrator: I John E. Doherty, P.E., Director of Public Services
Contract Administrator City of Tamarac
Address:
Public Services Dept.,
Public Works North
6011 Nob Hill Road
Tamarac, FL 33321
Consultant: I N/A
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and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Consultant Address: N/A
Article
Description
Unit
3.2
Substantial Completion
210 Days after the
Project Initiation Date in NTP
3.2
Final Completion
45 Days after
Substantial Completion
3.3
[If applicable] Liquidated Damages for
$500 per day
each calendar day after time specified in Notice
to Proceed
3.3
Liquidated Damages for each calendar day
$500 per day
after time specified for Substantial Completion
3.3
Liquidated Damages for each calendar day
$250 per day
after time specified for Final Completion
8.4
The Parties designate the following as the
For Municipality:
City of Tamarac
respective places for giving of notice:
7525 NW 88th Ave.
Tamarac, FL 33321
Attn: Levent Sucuoglu,
City Manager
With a copy to City Attorney at
the following address:
Ottinot Law, PA
5944 Coral Ridge Drive
PMB 201
Coral Springs, FL 33076
ATTN: Hans Ottinot
For Contractor:'
1000 Industrial Ave.
Boynton Beach, FI 33428
County Business Enterprise (CBE) or Small
As awarded
(General
Business Enterprise (SBE) commitment
Conditions)
40%
23-088 Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
CONTRACT
This is a construction contract ("Contract") by and between the City of Tamarac, a political
subdivision of the State of Florida ("Municipality"), and _Janice M. Riley DBA The Paving Lady,
(collectively referred to as the "Parties"), for the goods and services set forth herein.
ARTICLE 1 DEFINITIONS
Whenever the following terms appear in the Contract Documents, the intent and meaning shall be
interpreted as follows:
1.1. Applicable Law means all applicable laws, codes, advisory circulars, rules, regulations,
or ordinances of any federal, state, county, municipal, or other governmental entity,
including as may be amended from time to time.
1.2. Bidder means an entity or individual submitting a bid for this Project, acting directly or
through a duly authorized representative.
1.3. Board means the Tamarac City Commission, the governing body of Municipality, its
successors and assigns.
1.4. Change Order means a written document ordering a change in the Contract Price or Contract
Time or a material change in the Work.
1.5. Consultant means the architect or engineer who has contracted with Municipality or who is
an employee of Municipality, and provides professional services for this Project.
1.6. Contract Administrator means The Acting (Interim) Director of Public Services or such other
person designated by The Acting (Interim) Director of Public Services in writing.
1.7. Contract Documents means the official documents setting forth bidding information,
requirements, and contractual obligations for the Project and includes Articles 1 through 8
of this Contract, the Contract Supplement, the General Conditions, the Supplemental
General Conditions, the Scope of Work, Invitation to Bid, Addenda, Standard Instructions for
Vendors, Special Instructions for Vendors, Plans, Drawings, Exhibits, General Requirements,
Technical Specifications, Bid Forms, Record of Award by Board, Bonds, Notice of Award,
Notice(s) to Proceed, Supplements, Representations and Certifications, Certificates, Project
Forms, Closeout Forms, Purchase Order(s), Change Order(s), Field Order(s), Special
Provisions, BIM and Electronic Media Submittal Requirements, and any additional
documents the submission of which is required by this Project.
1.8. Contract Price means the amount established in the bid submittal and award by the Board,
as may be amended by Change Order.
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
1.9. Contract Time means the time between commencement and completion of the Work,
including any milestone dates thereof, established in Article 3 of this Contract, as may be
amended by Change Order.
1.10. Contractor means the person, firm, or corporation with whom Municipality has contracted
and who is responsible for the acceptable performance of the Work and for the payment
of all legal debts or other obligations pertaining to the Work. All references in the Contract
Documents to third parties under contract or control of Contractor shall be deemed to be
a reference to Contractor.
1.11. County means Broward County, a political subdivision of the State of Florida and
representatives authorized by the Board of County Commissioners or the Broward County
Charter to act on behalf of County.
1.12. County Business Enterprise or CBE means a small business certified as meeting the
applicable requirements of the Broward County Business Opportunity Act of 2012, Section
1-81, Broward County Code of Ordinances.
1.13. Field Order means a written order that orders minor changes in the Work but which does
not involve a change in the Contract Price or Contract Time.
1.14. Final Completion means the date certified by Consultant in the Final Certificate of Payment
upon which all conditions and requirements of any permits and regulatory agencies have
been satisfied; any documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor have been
received by Consultant; and to the best of Consultant's knowledge, information and belief,
the Work defined herein has been fully completed in accordance with the terms and
conditions of the Contract Documents.
1.15. Materials means materials incorporated in this Project or used or consumed in the
performance of the Work.
1.16. Municipality/City Manager means the official appointed by the Municipality who directs
the administration of the Municipality.
1.17. Notice(s) to Proceed means a written notice to Contractor authorizing the commencement
of the activities identified in the notice or as described in the Contract Documents.
1.18. OESBD means Broward County's Office of Economic and Small Business Development.
1.19. Plans or Drawings means the official graphic representations of this Project that are a part
of the Contract Documents.
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and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
,sue-ti.•
The City For Your Life
City of Tamarac Purchasing and Contracts Division
1.20. Purchasing Director means Municipality's Purchasing and Contracts Manager or designee
authorized to execute Work Authorizations.
1.21. Project means the construction project described in the Contract Documents, including the
Work described therein.
1.22. Project Initiation Date means the date upon which the Contract Time commences.
1.23. Small Business Enterprise or SBE means an entity certified as meeting the applicable
requirements of the Broward County Business Opportunity Act of 2012, Section 1-81,
Broward County Code of Ordinances.
1.24. Subcontractor means a person, firm or corporation having a direct contract with
Contractor, including one who furnishes material worked to a special design according to
the Contract Documents, but does not include one who merely furnishes Materials not so
worked.
1.25. Substantial Completion means that date, as certified in writing by Consultant and as finally
determined by Contract Administrator in its sole discretion, on which the Work, or a portion
thereof, is at a level of completion in substantial compliance with the Contract Documents
such that all conditions of permits and regulatory agencies have been satisfied and
Municipality or its designee can enjoy use or occupancy and can use or operate it in all
respects for its intended purpose. A Certificate of Occupancy (or a Temporary Certificate
of Occupancy (TCO) or other alternate municipal/county authorization for limited or
conditional occupancy acceptable to the Contract Administrator) must be issued for
Substantial Completion to be achieved; however, the issuance of a Certificate of Occupancy
will not, by itself, constitute the achievement or date of Substantial Completion.
1.26. Surety means the surety company or individual that is bound by the performance bond and
payment bond with and for Contractor who is primarily liable for satisfactory performance
of the Work, and which surety company or individual is responsible for Contractor's
satisfactory performance of the Work under this Contract and for the payment of all debts
and other obligations pertaining thereto in accordance with Section 255.05, Florida
Statutes.
1.27. Work means the construction and services required by the Contract Documents, whether
completed or partially completed, and includes all labor, materials, equipment, and services
provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
ARTICLE 2 SCOPE OF WORK
Contractor hereby agrees to furnish all of the labor, materials, equipment, services, and incidentals
necessary to perform all of the Work described in the Contract Documents for the Project.
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
ARTICLE 3 CONTRACT TIME
3.1 Contractor shall be instructed to commence the Work by written instruction in the form of a
Purchase Order issued by Municipality's Purchasing Director and two or more Notices to Proceed
issued by the Contract Administrator. The first Notice to Proceed and Purchase Order will not be
issued until Contractor's submission to Municipality of all required documents and after execution
of this Contract by both Parties. Preliminary Work, including submission of a project schedule,
schedule of values, submittals, submittal schedule, and other documents required for permitting,
and performance of Work that does not require permits, shall commence within ten (10) days after
the date of the first Notice to Proceed. Contractor shall have ten (10) days after receipt of signed
and sealed contract Drawings from Consultant to apply for construction permits to the applicable
permitting authority. Except for the reimbursement of permit application fees, impact fees, and
performance and payment bond premiums as may be provided in the Contract Documents,
Contractor shall not be entitled to compensation of any kind during the permitting process.
3.2 Time is of the essence throughout this Contract. Contractor must obtain Substantial
Completion of the Work within Two Hundred Ten Days (210) days after the Project Initiation Date
and Final Completion within forty-five (451 days after the date of Substantial Completion.
3.3 Upon failure of Contractor to obtain Substantial Completion within the deadline stated in
Section 3.2, as extended by any approved time extensions, Contractor shall pay to Municipality the
sum of Five Hundred Dollars and no cents Dollars ($500.00) for each day after the deadline for
Substantial Completion, as extended by any approved time extensions, until Substantial Completion
is obtained. After Substantial Completion, should Contractor fail to complete the remaining Work
within the deadline stated in Section 3.2, as extended by approved time extensions thereof,
Contractor shall pay to Municipality the sum of Two Hundred Fifty Dollars and no cents_ Dollars
($250.00) for each day after the deadline for Final Completion, as extended by any approved
extensions, until Final Completion is obtained. These amounts are not penalties but are liquidated
damages to Municipality for its inability to obtain full beneficial occupancy and/or use of the Project.
Liquidated damages are hereby fixed and agreed upon between the Parties based on (1) a mutual
recognition of the impossibility of precisely ascertaining the amount of damages that will be
sustained by Municipality as a consequence of Contractor's failure to timely obtain Substantial
Completion; and (2) both Parties' desire to obviate any question of dispute concerning the amount
of said damages and the cost and effect of the failure of Contractor to complete this Contract on
time. These liquidated damages shall apply separately to each portion of the Project for which a
deadline for completion is given.
3.4 Municipality may deduct liquidated damages from monies due to Contractor for the Work
under this Contract or as much thereof as Municipality may, in its sole discretion, deem just and
reasonable.
3.5 Contractor shall reimburse Municipality, in addition to liquidated damages, for all costs incurred
by Consultant in administering the construction of the Project beyond the completion dates specified
above, as extended by any approved time extensions.
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
ARTICLE 4 CONTRACT SUM
4.1. XX This is a Unit Price Contract: *
4.1.1. Municipality shall pay to Contractor the amounts determined for the total number of
each of the units of Work completed at the unit price stated in the Contract Price. The
number of units contained in this schedule is an estimate only, and final payment shall be
made for the actual number of units incorporated in or made necessary by the Work covered
by the Contract Documents.
4.1.2. Payment shall be made at the unit prices applicable to each integral part of the Work.
These prices shall be full compensation for all costs, including overhead and profit, associated
with completion of all the Work in full conformity with the requirements as stated or shown,
or both, in the Contract Documents. The cost of any item of Work not covered by a specific
Contract unit price shall be included in the Contract unit price or lump sum price to which the
item is most applicable.
4.2. This is a Lump Sum Contract: *
4.2.1. Municipality shall pay Contractor the Contract Price for the performance of the Work
described in the Contract Documents.
4.2.2. Payment shall be at the lump sum price stated in this Contract. This price shall be full
compensation for all costs, including overhead and profit, associated with completion of all
the Work in full conformity with the requirements as stated or shown, or both, in the Contract
Documents. The cost of any item of Work not covered by a specific Contract lump sum should
be included in the lump sum price to which the item is most applicable.
*Note: Only the subsections corresponding to any checked box in this Article 4 will apply to this
Contract. Some Projects include both unit prices and lump sums, in which case both subsections
shall apply as appropriate depending upon the type of Work being performed by Contractor and
approved by Municipality.
ARTICLE 5 PROGRESS PAYMENTS
5.1. Contractor may make an application for payment ("Application for Payment"), at intervals of
not more than once a month, for Work completed during the Project. Contractor shall, where
the Project involves CBE or SBE Subcontractors, make Application for Payment, at monthly
intervals, for Work completed by such Subcontractors during the Project. Contractor's
applications shall show a complete breakdown of the Project components, the quantities
completed, and the amount of payment sought, together with such supporting evidence as
may be required by Consultant or Contract Administrator. Contractor shall submit with each
Application for Payment: an updated progress schedule acceptable to Consultant as required
by the Contract Documents; a Certification of Payments to Subcontractors Form (Form 9); a
statement indicating the cumulative amount of CBE or SBE participation to date; and a release
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and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
of claims relative to the Work that was the subject of previous applications or consent of
surety relative to the Work that is the subject of the Application for Payment. If Contractor
has not made payment to a Subcontractor, the Certification of Payments to Subcontractors
Form shall be accompanied by a copy of the notification sent to each Subcontractor (listed in
Item 2 of the Form) to whom payment has not been made, explaining the good cause why
payment was not made. When applicable, an Application for Payment shall be accompanied
by a completed Statement of Wage Compliance Form (Form 8A or 813). Each Application for
Payment shall be submitted in triplicate to Consultant for approval as follows:
[John E. Doherty, P.E., Director of Public Services]
Public Services Department
6011 Nob Hill Road
Tamarac, FL 33321
All Applications for Payment shall be stamped as received on the date on which they are delivered
in the manner specified above. Payments of Applications for Payment shall be subject to approval
as specified hereinbefore, and if approved shall be due twenty-five (25) business days after the date
on which the Application for Payment is stamped received. At the end of the twenty-five (25)
business days, Contractor may send the Contract Administrator an overdue notice. If the Application
for Payment is not rejected within four (4) business days after delivery of the overdue notice, the
Application for Payment shall be deemed accepted, except for any portion of the Application for
Payment that Municipality determines to be fraudulent or misleading. If the Application for Payment
does not meet the requirements of this Contract, Municipality shall reject the Application for
Payment within twenty (20) business days after the date stamped received and said rejection shall
specify the deficiency and the action necessary to cure that deficiency. If Contractor submits a
request that corrects the deficiency, the corrected Application for Payment must be paid or rejected
within ten (10) business days after the corrected Application for Payment is stamped as received.
Any dispute between Municipality and Contractor shall be resolved pursuant to the dispute
resolution procedure set forth in Article 12 of the General Conditions.
5.2. Municipality may withhold retainage on each progress payment as set forth in Section
255.078, Florida Statutes, as may be amended during this Contract. Any reduction in
retainage below the maximum amount set forth in Section 255.078, Florida Statutes, shall be
at the sole discretion of the Contract Administrator, as may be recommended by Consultant.
Any interest earned on retainage shall accrue to the benefit of Municipality.
5.3. Notwithstanding any provision of this Contract to the contrary, Municipality may withhold
payment, in whole or in part, in accordance with Applicable Law, or to such extent as may be
necessary to protect itself from loss on account of:
5.3.1 Inadequate or defective Work not remedied.
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F61
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
5.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other
parties against Contractor or Municipality relating to Contractor's performance.
5.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or
labor.
5.3.4 Damage to another contractor not remedied.
5.3.5 Liquidated damages and costs incurred by Consultant for extended construction
administration.
5.3.6 Failure of Contractor to provide documents required by the Contract Documents.
When the above grounds are removed or resolved to the satisfaction of the Contract Administrator,
any withheld payment shall be made to the extent otherwise due.
ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT
6.1. Upon receipt of written notice from Contractor that the Work is ready for final inspection and
acceptance, Consultant shall conduct an inspection within ten (10) days. If Consultant and
Contract Administrator find that the Work is acceptable; that the requisite documents have
been submitted; that the requirements of the Contract Documents are fully satisfied; and
that all conditions of the permits and regulatory agencies have been met, a Final Certificate
of Payment (Form 11) shall be issued by Consultant, under its signature, stating that the
requirements of the Contract Documents have been performed and that the Work is ready
for acceptance under the terms and conditions of the Contract Documents.
6.2. Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant
the following Final Payment Package: a complete release of all claims arising out of this
Contract, or receipts in full in lieu thereof; an affidavit certifying that all suppliers and
Subcontractors have been paid in full and that all other indebtedness and financial obligations
connected with the Work have been paid, or, in the alternative, a consent of the Surety to
final payment on Contractor's behalf; the final corrected as -built Drawings; and the final bill
of Materials, if required, and the final Application for Payment. This Final payment package
must include the certification document titled Final List of Non -Certified Subcontractors and
Suppliers (Form 13), which must be signed and notarized by Contractor. A list of all
noncertified Subcontractors and suppliers used must be attached to this certified document.
6.3. If, after Substantial Completion, Final Completion is materially delayed through no fault of
Contractor, and Consultant so certifies, Municipality shall, upon certification of Consultant,
and without terminating this Contract, make payment of the balance due for any portion of
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
the Work fully completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, but it shall not constitute a waiver of claims.
6.4. Final payment shall be made only after the Board or Municipality's Purchasing Director, as
applicable, has reviewed a written evaluation of the performance of Contractor prepared by
the Contract Administrator and has approved the final payment. The acceptance of final
payment shall constitute a waiver of all claims by Contractor, except those previously made
in strict accordance with the provisions of the General Conditions and identified by
Contractor as unsettled at the time of the application for final payment.
ARTICLE 7 REPRESENTATIONS AND WARRANTIES
7.1. Representation of Authority. Contractor represents and warrants that this Contract
constitutes the legal, valid, binding, and enforceable obligation of Contractor, and that
neither the execution nor performance of this Contract constitutes a breach of any
agreement that Contractor has with any third party or violates Applicable Law. Contractor
further represents and warrants that execution of this Contract is within Contractor's legal
powers, and each individual executing this Contract on behalf of Contractor is duly authorized
by all necessary and appropriate action to do so on behalf of Contractor and does so with full
legal authority.
7.2. Solicitation Representations. Contractor represents and warrants that all statements and
representations made in Contractor's proposal, bid, or other supporting documents
submitted to Municipality in connection with the solicitation, negotiation, or award of this
Contract, including during the procurement or evaluation process, were true and correct
when made and are true and correct as of the date Contractor executes this Contract, unless
otherwise expressly disclosed in writing by Contractor.
7.3. Contingency Fee. Contractor represents that it has not paid or agreed to pay any person or
entity, other than a bona fide employee working solely for Contractor, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Contract.
7.4. Public Entity Crimes. Contractor represents that it is familiar with the requirements and
prohibitions of the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents
that its entry into this Contract will not violate that Act. In addition to the foregoing,
Contractor further represents that there has been no determination that it committed a
"public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been
formally charged with committing an act defined as a "public entity crime," regardless of the
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project/ TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
amount of money involved or whether Contractor has been placed on the convicted vendor
list.
7.5. Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Contractor
represents that it has not been placed on the discriminatory vendor list as provided in Section
287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections
215.473 or 215.4725, Florida Statutes. Contractor further represents that it is not, and for
the duration of the Contract will not be, ineligible to contract with Municipality on any of the
grounds stated in Section 287.135, Florida Statutes. Contractor represents that it is, and for
the duration of this Contract will remain, in compliance with Section 286.101, Florida
Statutes.
7.6. Claims Against Contractor. Contractor represents and warrants that there is no action or
proceeding, at law or in equity, before any court, mediator, arbitrator, governmental or other
board or official, pending or, to the knowledge of Contractor, threatened against or affecting
Contractor, the outcome of which may (a) affect the validity or enforceability of this Contract,
(b) materially and adversely affect the authority or ability of Contractor to perform its
obligations under this Contract, or (c) have a material and adverse effect on the consolidated
financial condition or results of operations of Contractor or on the ability of Contractor to
conduct its business as presently conducted or as proposed or contemplated to be
conducted.
7.7. Verification of Employment Eligibility. Contractor represents that Contractor and each
Subcontractor have registered with and use the E-Verify system maintained by the United
States Department of Homeland Security to verify the work authorization status of all newly
hired employees in compliance with the requirements of Section 448.095, Florida Statutes,
and that entry into this Contract will not violate that statute. If Contractor violates this
section, Municipality may immediately terminate this Contract for cause and Contractor shall
be liable for all costs incurred by Municipality due to the termination.
7.8. Warranty of Performance. Contractor represents and warrants that it possesses the
knowledge, skill, experience, and financial capability required to perform and provide all
Work and that each person and entity that will perform or provide Work is duly qualified to
perform such Work by all appropriate governmental authorities, where required, and is
sufficiently experienced and skilled in the area(s) for which such person or entity will render
such Work. Contractor represents and warrants that the Work shall be performed in a skillful
and respectful manner, and that the quality of all such Work shall equal or exceed prevailing
industry standards for such Work.
7.9. Truth -In -Negotiation Representation. Contractor's compensation under this Contract is
based upon its representations to Municipality, and Contractor certifies that the wage rates,
factual unit costs, and other information supplied to substantiate Contractor's compensation,
including without limitation those made by Contractor during the negotiation of this
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TAMARAC
The City For Your Life
CitV of Tamarac Purchasing and Contracts Division
Contract, are accurate, complete, and current as of the date Contractor executes this
Contract. Contractor's compensation will be reduced to exclude any significant sums by
which the contract price was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
7.10. Prohibited Telecommunications Equipment. Contractor represents and certifies that it and
its Subcontractors do not use any equipment, system, or service that uses covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, as such terms are used in 48 CFR §§
52.204-24 through 52.204-26. Contractor represents and certifies that Contractor and its
Subcontractors shall not provide or use such covered telecommunications equipment,
system, or services at any time during the term of this Contract.
7.11. Breach of Representations. Contractor acknowledges that Municipality is materially relying
on the representations, warranties, and certifications of Contractor stated in this article.
Municipality shall be entitled to exercise any or all of the following remedies if any such
representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b)
termination of this Contract without any further liability to Contractor; (c) set off from any
amounts due Contractor the full amount of any damage incurred; and (d) debarment of
Contractor.
ARTICLE 8 MISCELLANEOUS
8.1. Contract Documents and Priority of Provisions. In the event of any conflict between the terms
contained in this Contract and those contained in a Contract Supplement, the terms of such
Contract Supplement shall prevail. Furthermore, in the event of any conflict between the
terms of the General Conditions included in this Contract and those contained in any General
Supplemental Provisions, the terms of such General Supplemental Provisions shall prevail. In
addition, anything shown on the drawings and not mentioned in the specifications or
mentioned in the specifications and not shown on the drawings, shall have the same effect
as if shown or mentioned respectively in both. In the event of a conflict among the Contract
Documents, Contractor shall provide the latest, most stringent, and more technical
requirement(s), including, but not limited to, the requirements setting forth the better quality
or greater quantity.
8.2. Independent Contractor. Contractor is an independent contractor under this Contract. Work
provided by Contractor pursuant to this Contract shall be subject to the supervision of
Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of Municipality. This Contract shall not constitute or make the Parties
a partnership or joint venture.
8.3. Third -Party Beneficiaries. Except for Broward County to the extent expressly identified
herein, neither Contractor nor Municipality intends to directly or substantially benefit a third
party by entering into this Contract. Therefore, the Parties agree that, other than Broward
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
County, there are no third -party beneficiaries to this Contract (other than Consultant to the
extent this Contract expressly provides Consultant with specific rights or remedies).
8.4. Notices. In order for a notice to a Party to be effective under this Contract, notice must be
sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a
contemporaneous copy via email, to the addresses listed below and shall be effective upon
mailing or hand delivery (provided the contemporaneous email is also sent). Addresses may
be changed by the applicable Party giving notice of such change in accordance with this
section.
For Municipality:
City of Tamarac
7525 NW 88th Ave.
Tamarac, FL 33321
Attn: Levent Sucuoglu, City Manager
E-mail: Levent.Sucuoglu@tamarac.org
With a copy to City Attorney at the following address:
Ottinot Law, P.A.
5944 Coral Ridge Drive
PMB 201
Coral Springs, Florida 33076
Attn: Hans Ottinot
Email: hans.ottinot@tamarac.org
For Contractor:
[Janice M. Riley DBA The Paving Lady
1000 Industrial Way
Boynton Beach, FL 33428]
E-mail: mauro@pavinglady.com
8.5. Assignment and Performance. Neither this Contract nor any interest herein or proceeds
hereof shall be assigned, transferred, or encumbered without the written consent of the
other party, and Contractor shall not subcontract any portion of the Work required by this
Contract except as authorized by Article 28 of the General Conditions. Any attempted
assignment, transfer, encumbrance, or subcontract in violation of this section shall be void
and ineffective, and shall constitute a breach of this Contract. Municipality reserves the right
to condition its approval of any assignment, transfer, encumbrance, or subcontract upon
further due diligence and an additional fee paid to Municipality to reasonably compensate it
for the performance of any such due diligence.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
8.6. Materiality and Waiver of Breach. Each requirement, duty, and obligation set forth in this
Contract was bargained for at arm's-length and is agreed to by the Parties. Each requirement,
duty, and obligation set forth herein is substantial and important to the formation of this
Contract and is, therefore, a material term.
8.7. No Waiver. Municipality's failure to enforce any provision of this Contract shall not be
deemed a waiver of its right or power to enforce such provision or a modification of this
Contract. The failure to assert a breach of a provision of this Contract shall not be deemed a
waiver of such breach or of any subsequent breach, nor shall it be construed to be a
modification of the terms of this Contract.
8.8. Severability. If any part of this Contract is found to be unenforceable by a court of competent
jurisdiction, that part shall be deemed severed from this Contract and the balance of this
Contract shall remain in full force and effect.
8.9. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Contract shall be interpreted and
construed in accordance with and governed by the laws of the State of Florida. Jurisdiction
of any controversies or legal problems arising out of this Contract, and any action involving
the enforcement or interpretation of any rights hereunder, shall be exclusively in the state
courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation
arising out of this Contract shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency or other jurisdictional
device. EACH PARTY HEREBY EACH EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. IF A PARTY FAILS TO
WITHDRAW A DEMAND FOR A JURY TRIAL AFTER WRITTEN NOTICE BY THE OTHER PARTY,
THE PARTY MAKING THE DEMAND FOR JURY TRIAL SHALL BE LIABLE FOR REASONABLE
ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY TO CONTEST THE DEMAND FOR JURY
TRIAL, AND SUCH AMOUNTS SHALL BE AWARDED BY THE COURT IN ADJUDICATING THE
MOTION. CONTRACTOR, PURSUANT TO ARTICLE 28 OF THE GENERAL CONDITIONS, SHALL
SPECIFICALLY BIND ALL SUBCONTRACTORS TO THE PROVISIONS OF THIS SECTION.
8.10. Amendments. Unless otherwise expressly authorized herein, no modification, amendment,
or alteration of any portion of this Contract shall be effective unless contained in a written
document executed with the same or similar formality as this Contract by duly authorized
representatives of Municipality and Contractor.
8.11. Prior Agreements. The Contract is the final and complete understanding of the Parties
regarding the subject matter of this Contract and supersedes all prior and contemporaneous
negotiations and discussions regarding same. All commitments, agreements, and
understandings of the Parties concerning the subject matter of this Contract or the Contract
Documents are contained herein.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
8.12. Compliance with Laws. Contractor and the Work must comply with all Applicable Law,
including, but not limited to, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section
504 of the Rehabilitation Act of 1973, and the requirements of any applicable grant
agreements.
8.13. Living Wage Requirement. To the extent Contractor is a "covered employer" within the
meaning of the Broward County Living Wage Ordinance, Sections 26-100 through 26-105,
Broward County Code of Ordinances, Contractor agrees to and shall pay to all of its employees
providing "covered services," as defined in the ordinance, a living wage as required by such
ordinance, and shall fully comply with the requirements of such ordinance, and that
Contractor shall ensure all of its Subcontractors that qualify as "covered employers" fully
comply with the requirements of such ordinance.
8.14. Workforce Investment Program. This Contract constitutes a "Covered Contract" under the
Broward Workforce Investment Program, Broward County Administrative Code
Section 19.211 ("Workforce Investment Program"). Contractor affirms it is aware of the
requirements of the Workforce Investment Program and agrees to use good faith efforts to
meet the First Source Referral Goal and the Qualifying New Hires Goal as set forth therein,
including by (a) publicly advertising any vacancies that are the direct result of this Contract
(whether those vacancies are with Contractor or its Subcontractors) exclusively with
CareerSource Broward for at least five (5) business days and using good faith efforts to
interview any qualified candidates referred under the Workforce Investment Program, and
(b) using good faith efforts to hire Qualifying New Hires, as defined by the Workforce
Investment Program, for at least fifty percent (50%) of the vacancies that are the direct result
of this Contract. Until at least one year after the conclusion of this Contract, Contractor shall
maintain and make available to Municipality upon request all records documenting
Contractor's compliance with the requirements of the Workforce Investment Program, and
shall submit the required Workforce Investment Reports to the Contract Administrator
annually by January 31 and within thirty (30) days after the expiration or termination of this
Contract. Failure to demonstrate good faith efforts to meet the First Source Referral Goal
and the Qualifying New Hires Goal shall constitute a material breach of this Contract.'
8.15. Interpretation. The titles and headings in the Contract Documents are for reference purposes
only and shall not in any way affect the meaning or interpretation of this Contract. All
personal pronouns shall include the other gender, and the singular shall include the plural,
and vice versa, unless the context otherwise requires. Terms such as "herein" refer to the
Contract as a whole and not to any particular sentence, paragraph, or section where they
appear, unless the context otherwise requires. Whenever reference is made to a section or
article, such reference is to the section or article as a whole, including the subsections
thereof, unless the reference is made to a particular subsection or subparagraph of such
section or article. Any reference to "days" means calendar days, unless otherwise expressly
stated.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
8.16. Sovereign Immunity. Except to the extent sovereign immunity may be deemed to be waived
by entering into this Contract, nothing herein is intended to serve as a waiver of sovereign
immunity by Municipality nor shall anything included herein be construed as consent by
Municipality to be sued by third parties in any matter arising out of this Contract.
Municipality is a political subdivision as defined in Section 768.28, Florida Statutes, and shall
be responsible for the negligent or wrongful acts or omissions of its employees pursuant to
Section 768.28, Florida Statutes.
(The remainder of this page is intentionally left blank.)
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement:
MUNICIPALITY, CITY OF TAMARAC through its City Commission, signing b and through its Mayor or
Vice -Mayor authorized to execute same by Board action on the day of A4cf(tST
202,5 , and CONTRACTOR, signing by and through its President, duly authorized to execute same.
ATTEST:
K`qa • i dt); C t,'�ity Clerk
ISHED
1963
SEAL 'COUV
��,�
MUNICIPALITY
� l
By:
Mi helle J. Gomez, MA R
Michelle J. Gomez
Print Name
'day of 7 , 20c�3
By. � ..
Leven t Sucuoglu, City anager
Levent Sucuoglu
Print Name
°Q3'dday of AUGUST", 20,2-�,
I HEREBY CERTIFY that I have approved
this Agreement as to form and legal
suffi " cy s b'ect to execution by the parties:
ans 0 ti t City ttorney
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TAMARAC
The City For Your Life
City of Tamarac Purchosinq and Contracts Division
CONTRACT BETWEEN THE CITY OF TAMARAC AND JANICE M. RILEY, INC., D/B/A THE PAVING
LADY
FOR MAINLANDS OF TAMARAC SECTIONS 1-5 AND HIATUS ROAD PAVEMENT RESURFACING
PROJECT
BID/CONTRACT NO.: 23-08B
FOR INDIVIDUAL:
CO NTRACTO RW ITN ESS ES:
Signature
Print/Type Name
Signature
Print/Type Name
FOR CORPORATION:
ATTEST:
..,I 'ezv zz"� .
Secret y
14AURo 604UU
(Typed Name of Secretary)
CORPORATE SEAL
By
(Please Type Name)
day of 20_
CONTRACTOR
Janice M. Rilev Inc. The Paving Lad
(Typed Name of Contractor/Firm)
By
resid t/Vice resident
fY'41/f4 0 GQ,tif I/
(Typed Name and Title)
.3 day of �JC�y S� , 20
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TAMARAC
The City For Your Life
Cif o�Tamarac Purchasing and Contracts Division
CONTRACT SUPPLEMENT
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
GENERAL CONDITIONS
ARTICLE 1 CONTRACT DOCUMENTS
1.1 The Contract Documents shall be followed in strict accordance as to Work,
performance, material(s), and dimensions except when Consultant may authorize, in
writing, an exception.
1.2 Dimensions given in figures shall predominate over scaled measurements from the
Drawings; however, any discrepancies regarding figures shall be resolved by
Consultant. Contractor shall not proceed when in doubt as to any dimension or
measurement, but shall seek clarification from Consultant.
1.3 Contractor shall be furnished ten (10) copies of this Contract, free of charge, two (2)
of which shall be preserved and always made accessible to Consultant and
Consultant's authorized representatives. Additional copies of this Contract may be
obtained from Municipality at the cost of reproduction.
ARTICLE 2 INTENTION OF MUNICIPALITY
Municipality intends to describe in this Contract a functionally complete Project (or part thereof) to
be constructed in accordance with this Contract and in accordance with all codes and regulations
governing construction of the Project. The Work is a description of Contractor's obligations and
responsibilities and is deemed to include preliminary considerations and prerequisites, as well as all
labor, materials, equipment, and tasks, that are such an inseparable part of the Work described that
exclusion of them from the Work would render performance by Contractor impractical, illogical, or
unconscionable, and shall be supplied by Contractor 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, unless specified
otherwise herein. 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 implication, shall mean the latest standard specification, manual,
code, laws, or regulations in effect at the time of opening of bids for the Project. Contractor shall
comply with such specifications, manuals, codes, laws, or regulations. Municipality will have no
duties other than those duties and obligations expressly set forth within this Contract.
ARTICLE 3 PRELIMINARY MATTERS
3.1. At least five (5) days prior to the pre -construction meeting described in Section 3.2,
Contractor shall submit to Consultant for Consultant's review and acceptance:
3.1.1. A progress schedule in the indicated form:
Bar Chart
Modified Critical Path Method ("CPM")
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
X CPM
Computerized CPM
(CPM is interpreted to be generally as outlined in the Association of General Contractors
("AGC") publication, "The Use of CPM in Construction.")
The progress schedule shall indicate the start and completion dates of the various stages of
the Work, and shall show an activity network for the planning and execution of the Work.
Included with the progress schedule shall be a narrative description of the progress schedule.
The progress schedule must be updated monthly by Contractor, submitted as part of each
Application for Payment, and must be acceptable to Consultant.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract that includes lump sum bid items of Work, a
preliminary schedule of values for all of the Work that includes quantities and prices of items
aggregating the Contract Price and that subdivides the Work into component parts in
sufficient detail to serve as the basis for progress payments during construction.
In addition, after award but prior to the submission of the progress schedule, Consultant, Contract
Administrator, and Contractor shall meet with all utility owners and secure from them a schedule of
utility relocation; provided, however, that neither Consultant nor Municipality shall be responsible
for the nonperformance by the utility owners.
3.2. At a time specified by Consultant, but before Contractor starts the Work at the Project site, a
conference attended by Contractor, Consultant, and others as deemed appropriate by
Contract Administrator, will be held to discuss the schedules referred to in Section 3.1; to
discuss procedures for handling Shop Drawings and other submittals and for processing
Applications for Payment; and to establish a working understanding among the Parties as to
the Work.
3.3. Within thirty-five (35) days after the Project Initiation Date set forth in the applicable Notice
to Proceed, a conference attended by Contractor, Consultant, and others, as appropriate, will
be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five
(45) days after the Project Initiation Date set forth in the applicable Notice to Proceed,
Contractor shall revise the original schedule submittal to address all review comments from
the progress schedule review conference and resubmit a revised progress schedule to
Consultant for review. Consultant's acceptance of the finalized progress schedule shall only
be with respect to the orderly progression of the Work to completion within the Contract
Time, but such acceptance shall not constitute acceptance by Municipality or Consultant of
the means or methods of construction or of the sequencing or scheduling of the Work. Such
acceptance will neither impose on Consultant or Municipality responsibility for the progress
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
or scheduling of the Work, nor relieve Contractor from full responsibility therefore. The
finalized schedule of Shop Drawing submissions must be acceptable to Consultant as
providing a workable arrangement for processing such submissions. The finalized schedule
of values must be acceptable to Consultant as to form and substance.
ARTICLE 4 PERFORMANCE BOND AND PAYMENT BOND
4.1. Within ten (10) days after being notified of the award, Contractor shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond (Form 1)
and Payment Bond (Form 2). Each Bond shall be in the amount of one hundred percent
(100%) of the Contract Price guaranteeing to Municipality the completion and performance
of the Work covered in such Contract as well as full payment of all suppliers, laborers, and
Subcontractors employed pursuant to this Project. Each Bond shall be with a surety company
that is qualified pursuant to Article 5. Each Bond must name "Broward County" as an
additional obligee.
4.1.1. Each Bond shall continue in effect for one (1) year after Final Completion and acceptance
of the Work with liability equal to twenty five percent (25%) of the Contract Price, or an
additional bond provided to ensure that Contractor will, upon notification by
Municipality, correct any defective or faulty Work or Materials that appear within one
(1) year after Final Completion of this Contract.
4.2. Pursuant to the requirements of Section 255.05, Florida Statutes, Contractor shall ensure that
the bond(s) referenced above shall be recorded in the Official Records of Broward County
and provide Municipality with evidence of such recording.
4.3. In lieu of a Performance Bond and a Payment Bond, Contractor may furnish alternate forms
of security in the form of cash, money order, certified check, cashier's check, or unconditional
letter of credit. Such alternate forms of security shall be subject to the approval of
Municipality and for same purpose, and shall be subject to the same conditions as those
applicable above, and shall be held by Municipality for one (1) year after completion and
acceptance of the Work.
ARTICLE 5 QUALIFICATION OF SURETY
5.1 For all Bid Bonds, Performance Bonds, and Payment Bonds over Five Hundred Thousand
Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized standing, authorized
to do business in the State of Florida as 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.
5.1.2. The surety company shall hold a current Certificate of Authority as acceptable surety
on federal bonds in accordance with United States Department of Treasury Circular 570,
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The City For Your Life
Citv of Tamarac Purchasina and Contracts Division
Current Revisions. If the amount of the Bond exceeds the underwriting limitation set forth in
the circular, in order to qualify as a proper surety herein, the net retention of the surety
company shall not exceed the underwriting limitation in the circular, and the excess risks
must be protected by coinsurance, reinsurance, or other methods in accordance with
Treasury Circular 297, Revised (31 C.F.R. §§ 223.10, 223.11). Further, the surety company
shall provide Municipality with evidence satisfactory to Municipality that such excess risk has
been protected in an acceptable manner.
5.1.3. A surety company that is rejected by Municipality may be substituted by the Bidder
or proposer with a surety company acceptable to Municipality, but only if the bid amount
does not increase.
5.1.4. All bonds shall be written through surety insurers authorized to do business in the
State of Florida as surety, with the following qualifications as to management and financial
strength according to the latest (1986 or later) edition of Best's Insurance Guide, published
by AM Best Company, Oldwick, New Jersey:
Amount of Bond
Policy Holder's Ratings
500,001 to 1,500,000
A- III
1,500,001 to 2,500,000
A, VI
2,500,001 to 5,000,000
A VII
5,000,001 to 10,000,000
A VIII
Over 10,000,001
A IX
5.2. For projects that do not exceed Five Hundred Thousand Dollars ($500,000.00), Municipality
may accept a Bid Bond, Performance Bond, and Payment Bond from a surety company that
has twice the minimum surplus and capital required by the Florida Office of Insurance
Regulation at the time the solicitation is issued, if the surety company is otherwise in
compliance with the provisions of the Florida Insurance Code, and if the surety company
holds a currently valid Certificate of Authority issued by the United States Department of the
Treasury under Sections 9304 to 9308 of Title 31 of the United States Code. The Certificate
and Affidavit (Form 4) so certifying should be submitted with the Bid Bond, Performance
Bond, and Payment Bond.
5.3. More stringent requirements of any grantor agency may be set forth within the Supplemental
Conditions. If there are no more stringent requirements, the provisions of this article shall
apply.
ARTICLE 6 INDEMNIFICATION
Contractor shall indemnify and hold harmless Municipality and its current, past, and future officers
and employees (collectively, "Indemnified Party"), from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees (collectively, a "Claim"), to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of Contractor or persons
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City of Tamarac Purchasing and Contracts Division
employed or utilized by Contractor in the performance of this Contract. To the extent considered
necessary by Contract Administrator and Municipality Attorney, any sums due Contractor under this
Contract may be retained by Municipality until all of Municipality's claims for indemnification
pursuant to this Contract have been settled or otherwise resolved, and any amount withheld shall
not be subject to payment of interest by Municipality. These indemnifications shall survive the term
of this Contract.
ARTICLE 7 INSURANCE REQUIREMENTS
7.1 The specific insurance coverage requirements for this project are identified in the Minimum
Insurance Requirements Exhibit _1_, which is a part of the Contract Documents. For purposes of this
article, the term "Municipality" shall include Municipality and its members, officials, officers, and
employees.
7.2 For the duration of the Contract, Contractor shall, at its sole expense, maintain at least the
minimum limits of insurance coverage designated in the Contract Documents (inclusive of any
amount provided by an umbrella or excess policy) in accordance with the terms and conditions stated
in this article. If Contractor maintains broader coverage or higher limits than the insurance
requirements stated in Exhibit 1_, Municipality shall be entitled to all such broader coverages and
higher limits. Municipality reserves the right at any time to review and adjust the limits and types of
coverage required under this article.
7.3 Contractor shall maintain insurance coverage against claims relating to any act or omission
by Contractor, its agents, representatives, employees, or Subcontractors in connection with the
Contract. All required insurance under this article shall provide primary coverage, list Municipality
as an additional insured, and shall not require contribution from any Municipality insurance, self-
insurance or otherwise. All insurance held by Municipality, as well as Municipality's self-insurance,
shall be in excess of and shall not contribute to the required insurance provided by Contractor.
Unless prohibited by the applicable policy, Contractor waives any right to subrogation that any of
Contractor's insurers may acquire against Municipality and agrees to obtain same in an endorsement
on all lines of insurance required of Contractor under this article including any excess or umbrella
policies.
7.4 All required insurance policies must be issued by insurers: (1) assigned an AM Best rating of
at least "A-" with a Financial Size Category of at least Class VII; (2) authorized to transact insurance
in the State of Florida; or (3) a qualified eligible surplus lines insurer pursuant to Section 626.917 or
626.918, Florida Statutes, with approval by Municipality's Risk Management Division.
7.5 Contractor shall declare in writing any self -insured retentions or deductibles over the limit(s)
prescribed in Exhibit _1_, and shall submit same to Municipality, at least fifteen (15) days prior to the
effective date of the Contract or commencement of the Work for Municipality's written approval of
such retentions or deductibles. Contractor shall be solely responsible for and shall pay any
deductible or self -insured retention applicable to any claim against Municipality. Municipality may,
at any time, require Contractor to purchase coverage with a lower retention or provide proof of
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The City For Your Life
ON of Tamarac Purchasing and Contracts Division
ability to pay losses and related investigations, claim administration, and defense expenses within
the retention. Contractor agrees that any deductible or self -insured retention may be satisfied by
either the named insured or Municipality, if so elected by Municipality, and Contractor agrees to
obtain same in endorsements to the required policies.
7.6 To the extent insurance requirements are designated in the Minimum Insurance
Requirements, the applicable policies shall comply with the following:
7.6.1. Commercial General Liability Insurance. Policy shall be no more restrictive than
provided by the latest edition of the standard Commercial General Liability Form (Form CG
00 01) as filed for use in the State of Florida by the Insurance Services Office (ISO), with the
exception of endorsements specifically required by ISO or the State of Florida, and liability
arising out of: Mold, fungus, or bacteria; Terrorism; Silica, asbestos or lead; Sexual
molestation; and Architects and engineers professional liability, unless coverage for
professional liability is specifically required by this Contract. Municipality, Consultant, and
Broward County shall be included on the policy (and any excess or umbrella policy) as
"Additional Insureds" on a form no more restrictive than ISO form CG 20 10 (Additional
Insured — Owners, Lessees, or Contractor).
7.6.2. Contractor shall maintain products or completed work coverage for a minimum of
three (3) years from the date of the final completion of the Work, unless otherwise stated in
the Insurance Requirements Exhibit. In that case, the term specified in the Insurance
Requirements shall govern the duration of the coverage required by this paragraph.
7.6.3. Business Automobile Liability Insurance. Policy shall be no more restrictive than that
provided by Section II (Liability Coverage) of the most recent version of the standard Business
Auto Policy (ISO Form CA 00 01) without any restrictive endorsements, including coverage for
liability contractually assumed, and shall cover all owned, non -owned, and hired autos used
in connection with the performance of Work under this Contract. Municipality and
Consultant shall be included on the policy (and any excess or umbrella policy) as "Additional
Insureds."
7.6.4. Workers' Compensation/Employer's Liability Insurance. Such insurance shall be no
more restrictive than that provided by the latest edition of the standard Workers'
Compensation Policy, as filed for use in Florida by the National Council on Compensation
Insurance (NCCI), with the exception of endorsements required by NCCI or the State of
Florida. The policy must be endorsed to waive the insurer's right to subrogate against
Municipality in the mannerwhich would resultfrom the attachment of the NCCI form "Waiver
of our Right to Recover from Others Endorsement" (Advisory Form WC 00 03 13) with
Municipality scheduled thereon. Where appropriate, coverage shall be included to the extent
required by Applicable Law, including, but not limited to, the Federal Employer's Liability Act,
the Jones Act, and the Longshoreman and Harbor Workers' Compensation Act.
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4)
1 1 M
The City For Your Life
City of Tamarac Purchasingand Contracts Division
If Contractor provides all or a portion of the Workers' Compensation/Employer's Liability
insurance required herein via a professional employer organization ("PEO") or employee
leasing company, any such Workers' Compensation/Employer's Liability insurance provided
will only be deemed acceptable solely for the purposes of insuring Contractor's enrolled
employees. In addition, and notwithstanding the foregoing, in order to adequately protect
Municipality against injuries to uninsured employees of Subcontractors and non -enrolled
employees of Contractor, Contractor must still procure, maintain, and furnish Municipality
with evidence of a stand-alone separate Workers' Compensation/Employer's Liability
insurance policy issued with Contractor as an additional insured, and complying with all
requirements for Contractor provided Workers' Compensation contained in the Contract
Documents. It is permissible for Contractor to exclude payroll of leased employees from such
separate Workers' Compensation/Employer's Liability insurance policy.
7.6.5. Professional Liabilitv Insurance. Such insurance shall cover Contractor for those
sources of liability arising out of the rendering or failure to render professional services in the
performance of the services required in this Contract.
7.6.6. Cyber Liability, or Technology Errors and Omissions Insurance. Coverage is required
for any system connected to, and, or accessible from the internet. Coverage may be included
as part of the required Professional Liability Insurance. Such policy shall cover, at a minimum,
the following: Data Loss and System Damage Liability; Security Liability; Privacy Liability;
Privacy/Security Breach Response coverage, including Notification Expenses.
7.6.7. Environmental Pollution Liability. Such insurance shall include clean-up costs and
provide coverage to Contractor for liability resulting from pollution or other environmental
impairment arising out of, or in connection with, Work performed under this Contract, or
which arises out of, or in connection with this Contract, including coverage for clean-up of
pollution conditions and third -party bodily injury and property damage arising from pollution
conditions. Such insurance shall also include Transportation Coverage and Non -Owned
Disposal Sites coverage. Should policy provide coverage on a claims -made basis, the coverage
shall be in force and effect to respond to all claims reported within at least three (3) years
following the period for which coverage is required, unless a longer period is indicated in the
Minimum Insurance Requirements, and which claims would have been covered had the
coverage been provided on an occurrence basis.
7.6.8. Property Insurance, Builder's Risk, or Installation Floater. Such insurance shall be in
force and evidenced to Municipality as a condition precedent to the Notice to Proceed for
construction. Coverage shall be "All Risks," Completed Value form with a deductible not to
exceed Ten Thousand Dollars ($10,000) for each claim for all perils except wind and flood.
For the perils of wind and flood, Contractor shall maintain a deductible that is commercially
feasible but which does not exceed five percent (5%) of the "values at risk at the time of loss"
unless otherwise approved by Municipality.
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Sub limits: With respect to coverage for the peril of wind, the policy shall not be subject to
any sublimit less than Fifty Million Dollars ($50,000,000) per occurrence. With respect to the
peril of Flood, the policy shall not be subject to any sublimit less than Ten Million Dollars
($10,000,000) per occurrence. Any sublimit for wind or flood lower than those identified in
the foregoing must be approved by Municipality.
Waiver of Occupancy Clause or Warranty -Policy must be specifically endorsed to eliminate
any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s)
or structure(s) in the course of construction shall not be occupied without specific
endorsement of the policy. The policy must be endorsed to provide that the Builder's Risk
coverage will continue to apply until final acceptance of the building(s), addition(s) or
structure(s) by Municipality.
Municipality reserves the right to purchase or provide property insurance covering the
materials, equipment and supplies that are intended for specific installation in the Project
while such materials, equipment and supplies are located at the Project site (this coverage
will be specifically to cover property under construction or similar coverage), in transit, and
while temporarily located away from the Project site for the purpose of repair, adjustment or
storage at the risk of one (1) of the insured parties. This coverage will not cover any of
Contractor's or Subcontractors' tools, equipment, machinery or provide any business
interruption or time element coverage to the contractors. If Municipality elects to purchase
property insurance or provide for coverage under its existing insurance for this Project, then
in that case, the insurance required to be carried by Contractor may be modified to account
for the insurance being provided by Municipality, at Municipality's discretion. Such
modification may also include execution of Waiver of Subrogation documentation. If a claim
with respect to this Project is made upon Municipality's insurance policy, Contractor shall be
responsible for up to the first Fifty Thousand Dollars ($50,000) of the deductible amount for
such claim.
7.7. On or before the effective date of the Contract, or at least fifteen (15) days prior to
commencement of the Work, Contractor shall provide Municipality with a copy of all Certificates of
Insurance or other documentation sufficient to demonstrate the insurance coverage required in this
article.
7.8. Contractor shall ensure that all insurance coverages required by this article shall remain in
full force and effect without any lapse in coverage for the duration of this Contract and until all
performance required by Contractor has been completed, as determined by Contract Administrator.
Contractor shall provide notice to Municipality of any cancellation or modification of any required
policy at least thirty (30) days prior to the effective date of cancellation or modification, and at least
ten (10) days prior to the effective date of any cancellation due to nonpayment and shall concurrently
provide Municipality with a copy of its updated Certificates of Insurance evidencing continuation of
the required coverage(s).
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
7.9. If and to the extent requested by Municipality, Contractor shall provide to Municipality
complete, certified copies of all required insurance policies and all required endorsements within
thirty (30) days after Municipality's request.
7.10. Contractor shall ensure that "The City of Tamarac, 7525 NW 88th Avenue, Florida 33321," and
"Broward County, 115 S. Andrews Avenue, Fort Lauderdale, Florida 33301" are listed and endorsed
as additional insureds on all policies required under this article. Municipality shall be listed as
Certificate Holder.
7.11. Contractor shall require each Subcontractor to maintain insurance coverage that adequately
covers the Work provided by that Subcontractor on substantially the same insurance terms and
conditions required of Contractor under this article. Contractor shall ensure that all such
Subcontractors comply with these requirements and that Municipality and "Broward County," are
named as additional insureds under the Subcontractors' applicable insurance policies. If Contractor
or any Subcontractor fails to maintain the insurance required by the Contract Documents,
Municipality may pay any costs of premiums necessary to maintain the required coverage and deduct
such costs from any payment otherwise due to Contractor. Contractor shall not permit any
Subcontractor to provide Work or any other services under the Contract unless and until the
requirements of this section are satisfied. If requested by Municipality, Contractor shall provide, within
one (1) business day, evidence of each Subcontractor's compliance with this section.
7.12. If any of the policies required under this article provide claims -made coverage: (1) any
retroactive date must be prior to the effective date of the Contract; (2) the required coverage must
be maintained after termination or expiration of the Contract for at least the duration stated in
Exhibit _1_; and (3) if coverage is canceled or nonrenewed and is not replaced with another claims -
made policy form with a retroactive date prior to the effective date of the Contract, Contractor must
obtain and maintain "extended reporting" coverage that applies after termination or expiration of
the Contract for at least the duration stated in Exhibit —1—.
ARTICLE 8 LABOR AND MATERIALS
8.1 Unless otherwise provided herein, Contractor shall provide and pay for all Materials, labor,
water, tools, equipment, light, power, transportation, and other facilities and services necessary for
the proper execution and completion of the Work, whether temporary or permanent, and whether
or not incorporated or to be incorporated in the Work.
8.2 Contractor shall at all times enforce strict discipline and good order among its employees and
Subcontractors at the Project site, and shall not employ on the Project any unfit person or anyone
not skilled in the Work to which they are assigned.
ARTICLE 9 ROYALTIES AND PATENTS
All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article,
material, arrangement, appliance, or method that may be used upon or in any manner be connected
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J
The City For Your Life
City of Tamarac Purchasing and Contracts Division
with the construction of the Work or appurtenances, are hereby included in the prices stipulated in
this Contract for said Work.
ARTICLE 10 WEATHER
Extensions to the Contract Time for delays caused by the effects of inclement weather shall be
submitted as a request for a change in the Contract Time pursuant to Article 40. Time extensions are
justified only when rain, other inclement weather conditions, or related adverse soil conditions result
in Contractor being unable to work at least fifty percent (50%) of the normal workday on controlling
items of Work identified on the accepted schedule or updates to that schedule.
ARTICLE 11 PERMITS, LICENSES, AND IMPACT FEES
11.1. Except as otherwise provided within the Special Instructions for Vendors, Contractor shall
secure and pay for all necessary permits and licenses required for the Work pursuant to by
Applicable Law. Contractor shall be reimbursed for only the actual amount of the permit fees
levied by the permitting authority and paid by the Contractor as evidenced by an invoice or
other acceptable documentation issued by the permitting authority. Reimbursement to
Contractor shall be on a pass -through basis and shall not include profit or overhead of
Contractor. Contractor shall have and maintain appropriate Certificate(s) of Competency, valid
for the Work to be performed and valid for the jurisdiction in which the Work is to be performed,
for all persons working on the Project for whom a Certificate of Competency is required.
11.2. Municipality shall directly pay for all impact fees levied by any governmental entity with
jurisdiction.
ARTICLE 12 RESOLUTION OF DISPUTES
12.1. To prevent all disputes and litigation, the Parties agree that Consultant shall decide all
questions, claims, difficulties, and disputes of whatever nature that may arise relative to the
technical interpretation of the Contract Documents or fulfillment of the Contract as to the
character, quality, amount, and value of any Work done or materials furnished, or proposed to
be done orfurnished, underor by reason ofthe Contract Documents, and Consultant's decisions
of all claims, questions, difficulties, and disputes shall be final and binding to the extent provided
in Section 12.2. Any claim, question, difficulty, or dispute that cannot be resolved by agreement
of the Contract Administrator and Contractor shall be submitted to Consultant in writing within
five (5) days after the date of impasse. Unless a different period of time is set forth in this
Contract, Consultant shall notify the Contract Administrator and Contractor in writing of
Consultant's decision within fourteen (14) days after the date of the receipt of the claim,
question, difficulty, or dispute, unless Consultant requires additional time to gather information
or allow the Parties to provide additional information. Except for disputes directly related to
the promptness of payment as set forth in Section 5.1 of the Contract, all nontechnical
administrative disputes shall be determined by the Contract Administrator pursuant to the time
periods provided herein. During the pendency of any dispute and after a determination thereof,
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Contractor, Consultant, and Contract Administrator shall act in good faith to mitigate any
potential damages, including utilization of construction schedule changes and alternative means
of construction.
12.2. If the determination of a dispute under this article is unacceptable to either party, the party
objecting to the determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the objection and must
be accompanied by a statement that any Contract Time or Contract Price adjustment claimed is
the entire adjustment to which the objecting party has reason to believe it is entitled to as a
result of the determination. Within sixty (60) days after Final Completion of the Work, the
Parties shall participate in mediation to address all objections to any determinations and to
attempt to prevent litigation. Neither party shall commence litigation prior to the expiration of
the sixty (60) day mediation period. The mediator shall be mutually agreed upon by the Parties.
Should any objection not be resolved in mediation, the Parties retain all their legal rights and
remedies provided under State law. A PARTY SPECIFICALLY WAIVES ALL OF ITS RIGHTS,
INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR CONTRACT TIME AND CONTRACT PRICE
ADJUSTMENTS PROVIDED IN THE CONTRACT, INCLUDING ITS RIGHTS AND REMEDIES UNDER
STATE LAW, IF SAID PARTY FAILS TO COMPLY IN STRICT ACCORDANCE WITH THE
REQUIREMENTS OF THIS ARTICLE.
ARTICLE 13 INSPECTION OF WORK
13.1. Consultant and Municipality shall at all times have access to the Work, and Contractor shall
provide proper facilities for such access and for inspecting, measuring, and testing.
13.1.1. Should the Contract Documents, Consultant's instructions, or Applicable Law require any of
the Work to be specially tested or approved, Contractor shall give Consultant timely notice
of readiness of the Work for testing. If the testing or approval is to be made by an authority
other than Municipality, timely notice shall be given of the date fixed for such testing. Testing
shall be performed promptly, and, where practicable, at the source of supply. If any of the
Work is covered up without approval or consent of Consultant, it must, if required by
Consultant, be uncovered for examination and properly restored at Contractor's expense.
13.1.2. Reexamination of any of the Work may be ordered by Consultant with prior written approval
by the Contract Administrator, and if so ordered, the Work must be uncovered by Contractor.
If such Work is found to be in accordance with this Contract, Municipality shall pay the cost
of reexamination and replacement by means of a Change Order. If such Work is not in
accordance with this Contract, Contractor shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, or to relax or waive, any of the
provisions of the Contract Documents, or to delay the Project by failure to inspect the materials
and Work with reasonable promptness, without the written permission or instruction of
Consultant.
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23-08B Mainlands of Tamarac Sections 1-5
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
13.3. The payment of any compensation, the giving of any gratuity, or the granting of any favor, of
any character or form, by Contractor to any inspector, directly or indirectly, is strictly prohibited,
and any such act on the part of Contractor will constitute a breach of this Contract.
ARTICLE 14 SUPERINTENDENCE AND SUPERVISION
14.1. Municipality's instructions are to be given through Consultant, which instructions Contractor
must strictly and promptly follow in every case. Contractor shall keep on the Project a full-time,
competent, English-speaking superintendent and any necessary assistants, all of whom must be
satisfactory to Consultant. The superintendent shall not be changed except with the written
consent of Consultant, unless the superintendent proves to be unsatisfactory to Contractor and
ceases to be in its employ. The superintendent shall represent Contractor; all instructions given
to the superintendent shall be as binding as if given to Contractor, and will be confirmed in
writing by Consultant upon the written request of Contractor. Contractor shall provide efficient
supervision of the Work, using its best skill and attention.
14.2. On a daily basis, Contractor's superintendent shall record, at a minimum, the following
information in a bound log: the day; date; weather conditions and how any weather condition
affected progress of the Work; time of commencement of Work for the day; the Work being
performed; materials, labor, personnel, equipment and Subcontractors at the Project site;
visitors to the Project site, including representatives of Municipality, Consultant, or regulatory
representatives; any event that caused or contributed a delay to the critical path of the Project;
any special or unusual conditions or occurrences encountered; and the time of termination of
Work for the day. All information shall be recorded in the daily log in ink, unless otherwise
approved by Consultant. The daily log shall be kept on or accessible from the Project site and
shall be available at all times for inspection and copying by Municipality and Consultant.
14.3. The Contract Administrator, Contractor, and Consultant shall meet at least every two (2)
weeks (or as otherwise determined by the Contract Administrator) during the course of the
Work to review and agree upon the Work performed to date and to establish the controlling
items of Work for the next two (2) weeks. Consultant shall publish, keep, and distribute minutes
and any comments thereto of each such meeting.
14.4. If Contractor, in the course of performing the Work, finds any discrepancy between this
Contract and the physical conditions of the locality, or any errors, omissions, or discrepancies in
this Contract, it shall be Contractor's duty to immediately inform Consultant, in writing, and
Consultant will promptly review same. Any Work done after such discovery, until authorized,
will be done at Contractor's sole risk, without entitlement to reimbursement or compensation.
14.5. Contractor shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with this Contract. Contractor shall be solely responsible for the means,
methods, techniques, sequences, and procedures of construction.
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
ARTICLE 15 MUNICIPALITY'S RIGHT TO TERMINATE CONTRACT
15.1. The Contract Administrator and/or the Purchasing Director may give notice in writing to
Contractor and its Surety of delay, neglect, or default, specifying the same with a notice to cure,
upon the occurrence of any of the following:
15.1.1. Contractor fails to begin the Work within fifteen (15) days after the Project Initiation Date;
15.1.2. Contractor fails to perform the Work with sufficient workers, equipment, or materials to
ensure the prompt completion of the Work;
15.1.3. Contractor performs the Work unsuitably or causes it to be rejected as defective and
unsuitable;
15.1.4. Contractor discontinues performance of the Work in contravention of the accepted schedule;
15.1.5. Contractor fails to perform any material term set forth in this Contract;
15.1.6. Contractor becomes insolvent or declared bankrupt, commits any act of bankruptcy or
insolvency, or makes an assignment for the benefit of creditors; or
15.1.7. From any other cause whatsoever, Contractor fails to carry on the Work in an acceptable
manner.
15.2. If Contractor, within a period of ten (10) days after such notice, does not proceed to cure in
accordance therewith, then Municipality's awarding authority for this Contract may, upon
written certification from Consultant of the fact of such delay, neglect, or default and
Contractor's failure to comply with such notice, terminate the services of Contractor, exclude
Contractor from the Project site and take the performance of the Work out of the hands of
Contractor, and appropriate or use any or all materials and equipment on the Project site as
may be suitable and acceptable. In such case, Contractor shall not be entitled to receive any
further payment until the Project is completed. In addition, Municipality may enter into an
agreement for the completion of the Project according to the terms and provisions of this
Contract, use such other methods as in the Contract Administrator's sole opinion shall be
required for the completion of the Project according to the terms and provisions of this
Contract, or use such other methods as in the Contract Administrator's sole opinion shall be
required for the completion of the Project in an acceptable manner. All damages, costs, and
charges incurred by Municipality, together with the costs of completing the Project, shall be
deducted from any monies due or which may become due to Contractor. If the damages and
expenses so incurred by Municipality shall exceed the unpaid balance, Contractor shall be liable
and shall pay to Municipality the amount of said excess.
15.3. If Municipality erroneously, improperly, or unjustifiably terminates for cause, such
termination shall be deemed a termination for convenience and the rights and obligations of
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Municipality and Contractor shall be the same as if the termination had been exercised pursuant
to the Termination for Convenience clause as set forth in Section 15.4 below.
15.4. This Contract may be terminated for convenience, for any reason or no reason, in writing by
Municipality upon ten (10) days written notice to Contractor (delivered by certified mail, return
receipt requested) of intent to terminate and the date on which such termination becomes
effective. In such case, Contractor shall be paid for all Work executed and actual expenses
incurred prior to termination in addition to termination settlement costs reasonably incurred
by Contractor relating to commitments that had become firm prior to the termination. Payment
shall include reasonable profit for Work and services performed as limited by Article 39 hereof.
All actual expenses incurred shall have sufficient back-up documentation to verify that such
expenses were actually incurred by Contractor. No payment shall be made for profit for Work
and services that Contractor has not performed. Contractor acknowledges that it has received
good, valuable, and sufficient consideration for Municipality's right to terminate this Contract
for convenience in the form of Municipality's obligation to provide advance notice to Contractor
of such termination in accordance with this Section 15.4.
15.5. Upon receipt of a notice of termination pursuant to Sections 15.2, 15.4, or 15.6, Contractor
shall promptly discontinue all affected Work unless the notice of termination directs otherwise,
and shall deliver or otherwise make available to Municipality all data, drawings, specifications,
reports, estimates, summaries, and such other information as may have been required by this
Contract whether completed or in process.
15.6. This Contract may also be terminated by the Board:
15.6.1. Upon the disqualification of Contractor as a CBE or SBE firm by County's Director of the Office
of Economic and Small Business Development ("OESBD") if Contractor's status as a CBE or
SBE firm was a factor in the award of this Contract and such status was misrepresented by
Contractor;
15.6.2. Upon the disqualification of Contractor by County's OESBD Director due to fraud,
misrepresentation, or material misstatement by Contractor in the course of obtaining this
Contract or attempting to meet the CBE or SBE contractual obligations;
15.6.3. Upon the disqualification of one or more of Contractor's CBE or SBE participants by County's
OESBD Director if any such participant's status as a CBE or SBE firm was a factor in the award
of this Contract and such status was misrepresented by Contractor or such participant;
15.6.4. Upon the disqualification of one or more of Contractor's CBE or SBE participants by County's
OESBD Director if such CBE or SBE participant attempted to meet its CBE or SBE contractual
obligations through fraud, misrepresentation, or material misstatement;
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
15.6.5. If Contractor is determined by County's OESBD Director to have been knowingly involved in
any fraud, misrepresentation, or material misstatement concerning the CBE or SBE status of
its disqualified CBE or SBE participant; or
15.6.6. If Contractor is a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida
Statutes, if Contractor is placed on a "discriminatory vendor list" pursuant to Section 287.134,
Florida Statutes, or if Contractor is otherwise ineligible to transact business with County or
Municipality under Applicable Law or provides a false certification submitted pursuant to
Section 287.135, Florida Statutes.
ARTICLE 16 SUSPENSION OF WORK
Contractor shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with Municipality. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements except as Contractor and Municipality may otherwise agree in writing.
Suspension of Work by Contractor during any dispute or disagreement with Municipality shall entitle
Municipality to terminate this Contract for cause.
ARTICLE 17 PROJECT RECORDS AND RIGHT TO AUDIT
17.1 Audit Rights and Retention of Records. Contractor shall preserve all Contract Records (as
defined below) for a minimum period of three (3) years after expiration or termination of this
Contract or until resolution of any audit findings, whichever is longer. Contract Records shall, upon
reasonable notice, be open to inspection and subject to audit and reproduction during normal
business hours. Audits and inspections pursuant to this article may be performed by any
representative of Municipality and/or County (including any outside representative engaged by
either entity). Municipality and County may conduct audits or inspections at any time during the
term of this Contract and for a period of three (3) years after the expiration or termination of this
Contract (or longer if required by Applicable Law, Municipality and/or County). County may, without
limitation, verify information, payroll distribution, and amounts through interviews, written
affirmations, and on -site inspection with Contractor's employees, Subcontractors, vendors, or other
labor.
17.2 Municipality and County shall have the right to audit, review, examine, inspect, analyze, and
make copies of all Contract Records at a location within Broward County, Florida. Contractor hereby
grants Municipality and County the right to conduct such audit or review at Contractor's place of
business, if deemed appropriate by Municipality or County, with seventy-two (72) hours' advance
notice. Contractor agrees to provide adequate and appropriate workspace for such review.
Contractor shall provide Municipality and County with reasonable access to Contractor's facilities,
and Municipality and County shall be allowed to interview all current or former employees to discuss
matters pertinent to the performance of this Contract.
17.3 Contract Records include any and all information, materials and data of every kind and
character, including without limitation, records, books, papers, documents, subscriptions,
recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes,
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1 0 � I_
The City For Your Life
Citv of Tamarac Purchasina and Contracts Division
daily diaries, drawings, receipts, vouchers and memoranda, and any and all other documents that
pertain to rights, duties, obligations, or performance under this Contract. Contract Records include
hard copy and electronic records, written policies and procedures, time sheets, payroll records and
registers, cancelled payroll checks, estimating work sheets, correspondence, invoices and related
payment documentation, general ledgers, insurance rebates and dividends, and any other records
pertaining to rights, duties, obligations or performance under this Contract, whether by Contractor
or Subcontractors, or otherwise necessary to adequately permit evaluation and verification of any or
all of the following:
a) Compliance with Contract
b) Compliance with Municipality's code of ethics
c) Compliance with Contract provisions regarding the pricing of Change Orders
d) Accuracy of Contractor representations regarding the pricing of invoices
e) Accuracy of Contractor representations related to claims submitted by Contractor
including Subcontractors, or any of its other payees.
In addition to the normal documentation Contractor typically furnishes to Municipality, in order to
facilitate efficient use of Municipality resources when reviewing or auditing Contractor's billings and
related reimbursable cost records, Contractor agrees to furnish (upon request) the following types
of information in the specified computer readable file format(s):
Type of Record
File format
Monthly Job Cost Detail
pdf and Excel
Detailed Job Cost History to Date
pdf and Excel
Monthly Labor Distribution detail (if not already separately detailed in the
pdf and Excel
Job Cost Detail)
Total Job to Date Labor Distribution detail (if not already included in
pdf and Excel
the detailed Job Cost History to date)
Employee Timesheets documenting time worked by all individuals
pdf
who charge reimbursable time to the project
Daily Foreman Reports listing names and hours and tasks of personnel
pdf
who worked on the project
Daily Superintendent Reports
pdf
Detailed Subcontract Status Reports (showing original subcontract
value, approved subcontract change orders, subcontractor invoices,
pdf and Excel
payment to Subcontractors, etc.
Copies of Executed Subcontracts with all Subcontractors
pdf
Copies of all executed Change Orders issued to Subcontractors
pdf
Copies of all documentation supporting all reimbursable job costs
(Subcontractor payment applications, vendor invoices, internal cost
pdf
charges, etc.)
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City of Tamarac Purchasing and Contracts Division
17.4 Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for
Municipality's disallowance and recovery of any payment reliant upon such entry.
17.5 If an audit inspection or examination in accordance with this article discloses overpricing or
overcharges to Municipality of any nature by Contractor or its Subcontractors in excess of five
percent (5%) of the total contract billings reviewed, in addition to making adjustments for the
overcharges, Contractor shall pay the actual cost of the audit or, if the actual cost is unreasonably
high, the reasonable cost. Any adjustments or payments due as a result of any such audit or
inspection shall be made within thirty (30) days after presentation of the audit findings to Contractor.
17.6 Contractor shall, by written contract, require its Subcontractors to agree to the requirements
and obligations of this Article 17.
ARTICLE 18 RIGHTS OF VARIOUS INTERESTS
Whenever work being done by Municipality's forces or by other contractors is contiguous to or within
the limits of Work covered by this Contract, the respective rights of the various interests involved
shall be established by the Contract Administrator to secure the completion of the various portions
of the Work in general harmony.
ARTICLE 19 EXPLOSIVES
When the use of explosives is necessary in performance of the Work, Contractor shall exercise the
utmost care in the handling and usage of such explosives for the protection of life and property. All
explosives shall be stored in a safe manner in storage clearly marked "Dangerous -Explosives," and
shall be placed in the care of competent watchmen. When the use of explosives becomes necessary,
Contractor shall furnish to Municipality proof of insurance coverage, adequately providing public
liability and property damage insurance as a rider attached to its regular policies, unless otherwise
included in the policies themselves.
ARTICLE 20 DIFFERING SITE CONDITIONS
If during the course of the Work Contractor encounters (1) subsurface or concealed conditions at the
Project site that differ materially from those shown in the Contract Documents and from those
ordinarily encountered and generally recognized as inherent in work of the character called for in
this Contract; or (2) unknown physical conditions of the Project site, of an unusual nature, which
differ materially from that ordinarily encountered and generally recognized as inherent in work of
the character called for in this Contract, then Contractor, without disturbing the conditions and
before performing any Work affected by such conditions, shall, within twenty-four (24) hours of their
discovery, notify Contract Administrator and Consultant in writing of the existence of the aforesaid
conditions. Consultant and Contract Administrator shall, within two (2) business days after receipt
of Contractor's written notice, investigate the site conditions identified by Contractor. If, in the sole
opinion of Contract Administrator, the conditions do materially so differ and cause an increase or
decrease in Contractor's cost of, or the time required for, the performance of any part of the Work,
whether or not charged as a result of the conditions, Contract Administrator may recommend an
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Citp o�Tamarac Purchasin and Contracts Division
equitable adjustment to the Contract Price, or the Contract Time, or both. If Contract Administrator
and Contractor cannot agree on an adjustment in the Contract Price or Contract Time, the
adjustment shall be referred to Consultant for determination in accordance with the provisions of
Article 12. No request by Contractor for an equitable adjustment to this Contract under this provision
shall be allowed unless Contractor has given written notice to Contract Administrator in strict
accordance with the provisions of this article. No request for an equitable adjustment or change to
the Contract Price or Contract Time for differing site conditions shall be allowed if made after the
date certified by Contract Administrator as the date of Substantial Completion.
ARTICLE 21 PLANS AND WORKING DRAWINGS
Municipality, through Consultant, shall have the right to modify the details of the plans and
specifications and to supplement the plans and specifications with additional plans, drawings, or
additional information as the Work proceeds, all of which shall be considered as part of this Contract.
In case of disagreement between the written and graphic portions of this Contract, the written
portion shall govern.
ARTICLE 22 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND
DATA
Contractor shall verify all dimensions, quantities, and details shown on the plans, specifications or
other data received from Consultant, and shall notify Consultant of all errors, omissions, or
discrepancies found therein within three (3) days after discovery. Contractor will not be allowed to
take advantage of any error, omission, or discrepancy to not stop or delay Work, because Consultant
will advise Contractor how to proceed to avoid stoppage or delay of Work. Contractor shall not be
liable for damages resulting from errors, omissions, or discrepancies in this Contract unless
Contractor recognized such error, omission, or discrepancy, and failed to report it to Consultant.
ARTICLE 23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES AND
ACCIDENTS
23.1. Contractor shall accept full responsibility for the Work against all loss or, damage of
whatsoever nature sustained until final acceptance by Municipality and shall promptly repair
any damage done from any cause whatsoever, except as provided in Article 30.
23.2. Contractor shall be responsible for all Materials, equipment and supplies pertaining to the
Project. If any such Materials, equipment or supplies are lost, stolen, damaged, or destroyed
prior to final acceptance by Municipality, Contractor shall replace same without cost to
Municipality, except as provided in Article 30.
ARTICLE 24 WARRANTY
Contractor warrants to Municipality that all Materials and equipment furnished under this Contract
will be new unless otherwise specified and that all of the Work will be of good quality, free from
faults and defects, and in conformance with this Contract. All Work not conforming to these
requirements, including substitutions not properly approved and authorized, may be considered
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
defective. If required by Consultant, Contractor shall furnish satisfactory evidence as to the kind and
quality of Materials and equipment. This warranty is not limited by the provisions of Article 26
herein.
ARTICLE 25 SUPPLEMENTARY DRAWINGS
25.1. When, in the opinion of Consultant, it becomes necessary to explain the Work to be done
more fully, or to illustrate the Work further, or to show any changes that may be required,
supplementary drawings, with specifications pertaining thereto, will be prepared by Consultant.
25.2. The supplementary drawings shall be binding upon Contractor with the same force as this
Contract. Where such supplementary drawings require either less or more than the original
quantities of Work, appropriate adjustments shall be made by Change Order.
ARTICLE 26 DEFECTIVE WORK
26.1. Consultant has the authority to reject or disapprove Work that Consultant finds to be
defective. If required by Consultant, Contractor shall promptly either correct all defective Work
or remove such defective Work and replace it with non -defective Work. Contractor shall bear
all direct, indirect, and consequential costs of such removal or corrections including cost of
testing laboratories and personnel.
26.2. Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of this Contract within the time indicated
in writing by Consultant, Municipality shall have the authority to cause the defective Work to
be removed or corrected, or make such repairs as may be necessary, at Contractor's expense.
Any expense incurred by Municipality in making such removals, corrections, or repairs, shall, at
Municipality's election, be paid for out of any monies due or which may become due to
Contractor or charged against the Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, Municipality may declare Contractor in default.
26.3. If, within one (1) year after Substantial Completion or such longer period of time as may be
prescribed by the terms of any applicable special warranty required by this Contract, or by any
specific provision of this Contract, any of the Work is found to be defective or not in accordance
with this Contract, Contractor, after receipt of written notice from Municipality, shall promptly
correct such defective or nonconforming Work within the time specified by Municipality,
without cost to Municipality. Nothing contained herein shall be construed to establish a period
of limitation with respect to any other obligation that Contractor might have under this
Contract, including, but not limited to, Article 24 hereof and any claim regarding latent defects.
26.4. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered, nor shall such failure obligate Municipality to final acceptance.
ARTICLE 27 TAXES
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City of Tamarac Purchasing and Contracts Division
Contractor shall pay all applicable sales, consumer, use, and other taxes required by Applicable Law.
Contractor is responsible for reviewing the pertinent state statutes involving state taxes and
complying with all their requirements.
ARTICLE 28 SUBCONTRACTS
28.1. Each Subcontractor must possess certificates of competency and licenses required by
Applicable Law. Contractor shall notify the Contract Administrator and Consultant of any
change in Subcontractors.
28.2. Contractor shall not employ any Subcontractor against whom Municipality or Consultant may
have a reasonable objection. Contractor shall not be required to employ any Subcontractor
against whom Contractor has a reasonable objection.
28.3. Contractor shall be fully responsible for all acts and omissions of its Subcontractors, persons
directly or indirectly employed by its Subcontractors, and persons for whose acts any of its
Subcontractors may be liable to the same extent that Contractor is responsible for the acts and
omissions of persons directly employed by it. Nothing in this Contract shall create any
contractual relationship between any Subcontractor and Municipality or any obligation on the
part of Municipality to pay or to see the payment of any monies due any Subcontractor.
Municipality or Consultant may furnish to any Subcontractor evidence of amounts paid to
Contractor on account of specific Work performed.
28.4. Contractor shall bind specifically every Subcontractor to the applicable terms and conditions
of this Contract for the benefit of Municipality.
28.5. X ;Contractor shall perform the Work with its own organization, amounting to not less than
Sixty percent (60%) of the Contract Price.
ARTICLE 29 SEPARATE CONTRACTS
29.1. Municipality has the right to enter into contracts with other parties in connection with this
Project. Contractor shall afford such other parties reasonable opportunity for the introduction
and storage of their materials and the execution of their work, and shall properly connect and
coordinate this Work with theirs.
29.2. If any part of Contractor's Work depends for proper execution or results on the work of any
third parties, Contractor shall inspect and promptly report to Consultant any defects in such
work that render it unsuitable for such proper execution and results of Contractor's Work.
Contractor's failure to so inspect and report shall constitute an acceptance of the third party's
work as fit and proper for the performance of Contractor's Work, except as to defects which
may develop in the third parties' work after the execution of Contractor's Work.
29.3. Contractor shall conduct its operations and take all reasonable steps to coordinate the
prosecution of the Work so as to not interfere with or impact any other contractor on the site.
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City of Tamarac Purchasing and Contracts Division
Should such interference or impact occur, Contractor shall indemnify Municipality from any
liability to the affected contractor related to such interference or impact.
29.4. To ensure the proper execution of subsequent Work, Contractor shall inspect the
Work already in place and shall immediately report to Consultant any discrepancy between the
executed Work and the requirements of this Contract.
ARTICLE 30 USE OF COMPLETED PORTIONS
30.1. Municipality has the right at its sole option to take possession of and use any completed or
partially completed portions of the Project ("Designated Area"). Such possession and use shall
not be deemed an acceptance of any of the Work not completed in accordance with this
Contract. If such possession and use increase the cost of or delays the Work, Contractor shall
be entitled to reasonable extra compensation or reasonable extension of time or both, as
recommended by Consultant and approved by Municipality.
30.2. If Municipality decides to take possession of any completed or partially completed portions
of the Project, the following shall occur:
30.2.1. Municipality shall give notice to Contractor in writing at least thirty (30) days prior to
Municipality's intended occupancy of a Designated Area.
30.2.2. Contractor shall complete to the point of Substantial Completion the Designated Area and
request inspection and issuance of a Certificate of Substantial Completion (007600-1) from
Consultant.
30.2.3. Upon Consultant's issuance of a Certificate of Substantial Completion for the Designated
Area, Municipality will assume full responsibility for maintenance, utilities, subsequent
damages of Municipality and public, adjustment of insurance coverages, and start of warranty
for the Designated Area.
30.2.4. Contractor shall complete all items noted on the Certificate of Substantial Completion within
the time specified by Consultant on the Certificate of Substantial Completion, and request
final inspection and final acceptance of the portion of the Work occupied. Upon completion
of final inspection and receipt of an application for final payment, Consultant shall issue a
Final Certificate of Payment relative to the Designated Area.
30.2.5. If Municipality decides to occupy or use a portion or portions of the Work prior to Substantial
Completion thereof, such occupancy or use shall not commence prior to a time mutually
agreed upon by Municipality and Contractor and to which the insurance company or
companies providing the property insurance have consented by endorsement to the policy
or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled
or lapsed on account of such partial occupancy or use. Consent of Contractor and of the
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City of Tamarac Purchasing and Contracts Division
insurance company or companies to such occupancy or use shall not be unreasonably
withheld.
ARTICLE 31 LANDS OF WORK
31.1. Municipality shall provide, as may be indicated in this Contract, the lands upon which the
Work is to be performed, rights -of -way and easements for access thereto, and such other lands
as are designated by Municipality for the use of Contractor.
31.2. Contractor shall obtain, at Contractor's own expense and without liability to Municipality, any
additional rights to land and access thereto that may be required for temporary construction
facilities, temporary easements, or for storage of materials. Contractor shall furnish to
Municipality copies of written permission obtained by Contractor from the owners of such land.
ARTICLE 32 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS
Contractor shall conform to and obey all Applicable Law with regard to labor, hours of work, and
Contractor's operations. Contractor shall conduct its operations so as not to close any thoroughfare,
nor interfere in any way with traffic on railway, highways, or water, without the written consent of
the proper authorities.
ARTICLE 33 LOCATION AND DAMAGE TO EXISTING FACILITIES,
EQUIPMENT, OR UTILITIES
33.1. Utility lines in the Project area have been shown on the Plans. However, Municipality does
not represent or warrant that all lines are shown, or that the ones indicated are in their true
location. Contractor must identify and locate all underground and overhead utility lines or
equipment affecting or affected by the Project. Contractor will not be entitled to any
additional payment or extension of time due to discrepancies between actual location of
utilities and Plan location of utilities.
33.2. Contractor shall notify each utility company with facilities in the Project site, at least thirty
(30) days prior to the start of construction, to arrange for positive underground location,
relocation, or support of its utility where that utility may be in conflict with or endangered by
the Work. The cost of relocation of water mains or other utilities for the convenience of
Contractor shall be paid by Contractor. All charges by utility companies for temporary
support of its utilities shall be paid for by Contractor. All costs of permanent utility relocation
to avoid conflict shall be the responsibility of the utility company involved. Contractor will
not be entitled to any additional payment or extension of time for utility relocations,
regardless of reason for relocation.
33.3. Contractor shall schedule the Work in such a manner that the Work is not delayed by the
utility providers relocating or supporting their utilities. Contractor shall coordinate its
activities with any and all public and private utility providers occupying the right-of-way.
Contractor will not be entitled to any additional compensation or extension of time for any
delay associated with utility relocation or support.
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33.4. Contractor shall protect all overhead, surface, or underground structures and utilities from
damage or displacement. Contractor will promptly and completely repair all damage to such
structures within a reasonable time. All damaged utilities must be replaced or fully repaired
to the satisfaction of the utility owner. All repairs are to be inspected by the utility owner
prior to backfilling. Municipality reserves the right to remedy such damage by making such
repairs or causing such repairs to be made at the expense of Contractor. Municipality's
expense in causing such repairs shall be deducted from Contractor's next Application for
Payment.
ARTICLE 34 VALUE ENGINEERING
Contractor may request substitution of Materials, articles, pieces of equipment, or any changes that
reduce the Contract Price by making such request to Consultant in writing. Consultant will be the
sole judge of the acceptability of any proposed substitute, and no substitute will be ordered,
installed, used, or initiated without Consultant's prior written acceptance by a Change Order or an
approved Shop Drawing. In no event will any substitution accepted by Consultant result in an
increase in the Contract Price or Contract Time. By making a request for substitution, Contractor
agrees to pay directly to Consultant all Consultant's fees and charges related to Consultant's review
of the request for substitution, regardless of whether the request for substitution is accepted by
Consultant. Any substitution submitted by Contractor must meet the form, fit, function, and life
cycle criteria of the item proposed to be replaced, and there must be a reduction in Contract Price
including Consultant review fees and charges. If a substitution is approved, the net dollar savings
shall be shared equally between Contractor and Municipality and shall be processed as a deductive
Change Order. Municipality may require Contractor to furnish, at Contractor's expense, a special
performance guarantee or other surety with respect to any substitute approved after award of this
Contract.
ARTICLE 35 PAYMENT BY MUNICIPALITY FOR TESTS
Except when otherwise specified in the Contract Documents, the expense of all tests shall be borne
by Municipality and be performed by a testing firm selected by Municipality. Contractor shall
reimburse Municipality the costs of any required test in which the tested Work fails. For road
construction projects, the procedure for making tests required by Municipality will be in
conformance with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction.
ARTICLE 36 CHANGE IN THE WORK OR TERMS OF CONTRACT
36.1. Without invalidating this Contract and without notice to any surety, Municipality has the right
to make such increases, decreases, or other changes in the character or quantity of the Work
as may be considered necessary or desirable by Municipality to fully and acceptably complete
the proposed Work in a satisfactory manner. Any extra or additional Work within the scope
of this Project must be accomplished by means of appropriate Field Orders and Supplemental
Instructions or Change Orders.
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City of Tamarac Purchasing and Contracts Division
36.2. Any changes to the terms of this Contract must be contained in a written document, executed
by the Parties hereto, with the same formality and of equal dignity as this Contract prior to
the initiation of any Work described in such change. This section shall not prohibit the
issuance of Change Orders executed only by Municipality, as provided in this Contract.
ARTICLE 37 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS
37.1. The Contract Administrator, through Consultant, shall have the right to approve and issue
Field Orders setting forth written interpretations of the intent of this Contract and ordering
minor changes in the Work. Field Orders may not change the Contract Price or the Contract
Time.
37.2. Consultant shall have the right to approve and issue Supplemental Instructions setting forth
written orders, instructions, or interpretations concerning the Contract Documents or
performance of the Work. Supplemental Instructions may not change the Contract Price or
the Contract Time.
ARTICLE 38 CHANGE ORDERS
38.1. Changes in the quantity or character of the Work within the scope of the Project that cannot
be accomplished by means of Field Orders or Supplemental Instructions, including all changes
resulting in changes to the Contract Price or the Contract Time, shall be authorized only by
Change Orders approved in advance and issued in accordance with the provisions of the
Municipality's Procurement Code, as amended from time to time.
38.2. Contractor shall not start work on any changes requiring an increase in the Contract Price or
the Contract Time without a written work directive from the Contract Administrator or until
a Change Order setting forth the adjustments is approved by Municipality. Upon receipt of a
Change Order, Contractor shall promptly proceed with the Work set forth in the Change
Order.
38.3. If satisfactory adjustment cannot be reached for any item requiring a change in the Contract
Price or Contract Time, and a Change Order has not been issued, Municipality may, at its sole
option, either terminate this Contract as it applies to the items in question and make such
arrangements as Municipality deems necessary to complete the work associated with the
disputed item or submit the matter in dispute to Consultant as set forth in Article 12.
38.4. Under circumstances determined necessary by Municipality, Change Orders may be issued
unilaterally by Municipality. During the pendency of the dispute, and upon receipt of a
Change Order from Municipality, Contractor shall promptly proceed with the change in the
Work involved and advise Consultant and Contract Administrator in writing within seven (7)
days after receipt of the Change Order of Contractor's agreement or disagreement with the
method, if any, provided in the Change Order for determining the proposed adjustment in
the Contract Price or Contract Time.
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City of Tamarac Purchasing and Contracts Division
38.5. On approval of any Contract change increasing the Contract Price, Contractor shall promptly
ensure that the performance bond and payment bond are increased so that each reflects the
total Contract Price as increased. Contractor will promptly provide Municipality such updated
bonds.
ARTICLE 39 VALUE OF CHANGE ORDER WORK
39.1. The value of any Work covered by a Change Order or of any claim for an increase or decrease
in the Contract Price shall be determined in one of the following ways:
39.1.1 If the Work involved is covered by unit prices contained in this Contract, by application of unit
prices to the quantities of items involved, subject to the provisions of Section 39.7.
39.1.2 By mutual acceptance of a lump sum, which sum Contractor and Municipality acknowledge
contains a component for overhead and profit.
39.1.3 On the basis of the "Cost of Work," determined as provided in Sections 39.2 and 39.3, plus a
Contractor's fee for overhead and profit as determined in Section 39.4.
39.2. The term "Cost of Work" means the sum of all direct costs necessarily incurred and paid by
Contractor (or, if applicable, Subcontractor) in the proper performance of the Work described
in the Change Order. Except as otherwise may be agreed to in writing by Municipality, such
costs shall be in amounts no higher than those prevailing in the locality of the Project; shall
include only the following items; and shall not include any of the costs itemized in
Section 39.3.
39.2.1 Payroll costs for employees in the direct employ of Contractor in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by
Municipality and Contractor. Payroll costs for employees not employed full time on the Work
covered by the Change Order shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of
fringe benefits, which shall include social security contributions, unemployment, excise and
payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave,
vacation, and holiday pay application thereto. Such employees shall include superintendents
and foremen at the site. The expenses of performing the Work after regular working hours,
on Sunday or legal holidays, shall be included in the above to the extent authorized in advance
by Municipality.
39.2.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and manufacturers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless Municipality
deposits funds with Contractor to make payments, in which case the cash discounts shall
accrue to Municipality. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to Municipality, and Contractor shall make
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provisions so that they may be obtained. Rentals of all construction equipment and
machinery, and the parts thereof, whether rented by Contractor, in accordance with rental
agreements approved by Municipality with the advice of Consultant, and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. Municipality will not be responsible for the
cost of the rental of any such equipment, machinery, or parts when the use thereof is no
longer necessary for the Work.
39.2.3 If required by Municipality, Contractor shall obtain competitive bids from Subcontractors
acceptable to Contractor, and shall deliver such bids to Municipality who will then determine,
with the advice of Consultant, which bids will be accepted. If the subcontract provides that
the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the Subcontractor's
Cost of Work shall be determined in the same manner as Contractor's Cost of Work. All
Subcontractors shall be subject to the other provisions of this Contract insofar as applicable.
39.2.4 Cost of special consultants, including, but not limited to, engineers, architects, testing
laboratories, and surveyors employed for services specifically related to the performance of
the work described in the Change Order.
39.2.5 Supplemental costs including the following:
39.2.5.1 All materials, supplies, equipment, machinery, appliances, office and temporary
facilities, including transportation and maintenance thereof, at the site and hand tools
not owned by the workers used in the performance of the Work, less market value of
such items used but not consumed, and which items remain the property of
Contractor.
39.2.5.2 Sales, use, or similar taxes related to the Work, imposed by any governmental
authority, for which Contractor is liable.
39.2.5.3 The cost of utilities, fuel, and sanitary facilities at the site.
39.2.5.4 Cost of premiums for additional bonds and insurance required because of changes
in the Work.
39.3 The term "Cost of Work" shall not include any of the following:
39.3.1 Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
schedulers, lawyers, auditors, accountants, purchasing and contracting agents, expediters,
timekeepers, clerks and other personnel employed by Contractor whether at the site or in its
principal or a branch office, for general administration of the Work that are not specifically
included in the agreed -upon schedule of job classifications referred to in subsection 39.2.1,
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all of which payroll costs and other compensation are to be considered administrative costs
covered by Contractor's fee.
39.3.2 Expenses of Contractor's principal and branch offices other than Contractor's field office at
the Project site.
39.3.3 Any part of Contractor's capital expenses, including but not limited to interest on Contractor's
capital employed for the Work as well as charges against Contractor for delinquent payments.
39.3.4 Cost of premiums for all bonds and for all insurance, whether Contractor is required by this
Contract to purchase and maintain the same, except for additional bonds and insurance
required because of changes in the Work.
39.3.5 Costs due to the negligence or neglect of Contractor, any Subcontractors, or anyone directly
or indirectly employed by any of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective Work, disposal of materials or equipment
wrongly supplied, and repairing or remedying any damage to property.
39.3.6 Other overhead or general expense costs of any kind.
39.4 Contractor's fee for overhead and profit shall be determined as follows:
39.4.1 A mutually acceptable fixed fee, or if no fixed fee can be agreed upon;
39.4.2 A fee based on the following percentages of the various portions of the cost of the Work:
39.4.2.1 For costs incurred under subsections 39.2.1 and 39.2.2, Contractor's fee
shall not exceed ten percent (10%).
39.4.2.2 For costs incurred under subsection 39.2.3, Contractor's fee shall not
exceed seven and one-half percent (7.5%); and if a subcontract is on the basis of cost
of the work plus a fee, the maximum allowable to the Subcontractor as a fee for
overhead and profit shall not exceed ten percent (10%); and
39.4.2.3 No fee shall be payable on the basis of costs itemized under subsections
39.2.4 and 39.2.5 (except subsection 39.2.5.3) and Section 39.3.
39.5 The amount of credit to Municipality for any change that results in a net decrease in cost will
be the amount of the actual net decrease. When both additions and credits are involved in
any one change, the combined overhead and profit shall be figured on the basis of the net
increase, if any. Contractor shall not be entitled to claim lost profits for any Work not
performed.
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39.6 Whenever the cost of any Work is to be determined pursuant to Sections 39.2 and 39.3,
Contractor will submit in a form acceptable to Consultant an itemized cost breakdown
together with the supporting data.
39.7 If the quantity of any item of the Work covered by a unit price is increased or decreased by
more than twenty percent (20%) from the quantity of such Work indicated in this Contract,
an appropriate Change Order shall be issued to adjust the unit price, if warranted.
39.8 Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether
the amount is an addition, credit or no change -in -cost, Contractor shall submit an initial cost
estimate acceptable to Consultant and Contract Administrator.
39.8.1 Such cost estimate shall include a breakdown listing the quantities and unit prices for
materials, labor, equipment, and other items of cost.
39.8.2 Whenever a change involves Contractor and one or more Subcontractors and the change is
an increase in the Contract Price, overhead and profit percentage for Contractor and each
Subcontractor shall be itemized separately.
39.9 Each Change Order must state within the body of the Change Order whether it is based upon
unit price, negotiated lump sum, or "Cost of Work."
ARTICLE 40 NOTIFICATION AND CLAIM FOR CHANGE OF
CONTRACT TIME OR CONTRACT PRICE
40.1 Any claim for a change in the Contract Time or Contract Price shall be made by written notice
by Contractor to the Contract Administrator and to Consultant within five (5) days of the
commencement of the event giving rise to the claim or Contractor's knowledge of the claim,
and the notice shall state the general nature and cause of the claim. Thereafter, within
twenty (20) days after the termination of the event giving rise to the claim or Contractor's
knowledge of the claim, Contractor shall submit written notice of the extent of the claim with
supporting information and documentation to the Contract Administrator and Consultant
(hereinafter "Claim Notice"). The Claim Notice shall include Contractor's written notarized
certification that the adjustment claimed is the entire adjustment to which Contractor has
reason to believe it is entitled as a result of the occurrence the event giving rise to the claim.
If the Contract Administrator and Contractor cannot resolve a claim for changes in the
Contract Time or Contract Price within twenty (20) days after receipt of the Claim Notice by
the Contract Administrator and Consultant, then Contractor shall submit the claim to
Consultant within five (5) days after the date of impasse in accordance with Article 12 hereof.
IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO
THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT
ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
40.2 The Contract Time will be extended in an amount equal to time lost on critical Work items
due to delays beyond the control of and through no fault or negligence of Contractor if a
claim for an extension is made in accordance with Section 40.1. Such delays shall include, but
not be limited to, acts, omissions, or neglect by any separate contractor employed by
Municipality, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
ARTICLE 41 NO DAMAGES FOR DELAY
No claim for damages or any claim, other than for an extension of time, shall be made or asserted
against Municipality by reason of any delays except as provided herein. Contractor shall not be
entitled to an increase in the Contract Price or payment or compensation of any kind from
Municipality for direct, indirect, consequential, impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency, arising from delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption, interference
or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable. 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 the extent specifically provided
above; provided, however, that this provision shall not preclude recovery of damages by Contractor
for actual delays due solely to fraud, bad faith, or active interference on the part of Municipality or
its Consultant.
ARTICLE 42 EXCUSABLE DELAY
42.1 Excusable Delay. Delay that extends the completion of the Work and that is caused by
circumstances beyond the control of Contractor or its Subcontractors, suppliers, or vendors
are Excusable Delay. Contractor is entitled to a time extension of the Contract Time for each
day the Work is delayed due to Excusable Delay. Contractor shall document its claim for any
time extension as provided in Article 40 hereof. Failure of Contractor to comply with Article
40 hereof as to any particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment, or relinquishment of any and all claims resulting from that particular
event of delay. Excusable Delay may be compensable or non-compensable, as provided
below.
42.1.1 Compensable Excusable Delay. Excusable Delay is compensable when (i) the delay extends
the Contract Time; (ii) is caused by circumstances beyond the control of Contractor or its
Subcontractors, suppliers, or vendor; and (iii) is caused solely by fraud, bad faith, or active
interference on the part of Municipality or its agents. In no event shall Contractor be
compensated for interim delays that do not extend the Contract Time. Contractor shall be
entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs
recoverable by Contractor shall be limited to the actual additional costs allowed pursuant to
Article 39 hereof.
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City of Tamarac Purchasing and Contracts Division
Municipality and Contractor recognize and agree that the amount of Contractor's precise
actual indirect costs for delay in the performance and completion of the Work is impossible
to determine as of the date of execution of this Contract, and that proof of the precise
amount will be difficult. Therefore, indirect costs recoverable by Contractor shall be
liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable
Excusable Delay. These liquidated indirect costs shall be paid to compensate Contractor for
all indirect costs caused by a Compensable Excusable Delay, and shall include, but not be
limited to, lost profits, all profit on indirect costs, home office overhead, acceleration, loss of
earnings, loss of productivity, loss of bonding capacity, loss of opportunity and all other
indirect costs incurred by Contractor. The amount of liquidated indirect costs recoverable
shall be Zero Dollars ($ 0.00 ) per day for each day this Contract is delayed
due to a Compensable Excusable Delay.
42.1.2 Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances
beyond the control of Contractor, its Subcontractors, suppliers, and vendors; (ii) caused by
circumstances beyond the control of Municipality or Consultant; or (iii) caused jointly or
concurrently by Contractor or its Subcontractors, suppliers, or vendors and by Municipality
or Consultant, then Contractor shall be entitled only to a time extension and no further
compensation for the delay.
ARTICLE 43 SUBSTANTIAL COMPLETION
When Contractor determines in good faith that the Work, or a portion thereof designated by
Municipality pursuant to Article 30 hereof, has reached Substantial Completion, Contractor shall so
notify the Contract Administrator and Consultant in writing. Consultant and the Contract
Administrator shall then promptly inspect the Work. When Consultant, on the basis of such an
inspection, determines that the Work or designated portion thereof is substantially complete, it will
then prepare a Certificate of Substantial Completion (Form 10). The Contract Administrator shall
affix its determination to the Certificate of Substantial Completion, which shall establish the Date of
Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of
Municipality and Contractor for security, maintenance, heat, utilities, damage to the Work, and
insurance. Consultant and the Contract Administrator shall develop and Contractor shall review the
list of all Work yet to be completed by Contractor to satisfy the requirements of this Contract for
Final Completion and to make the Work satisfactory and acceptable. The list shall be provided to
Contractor within five (5) days after final development and review. If the final list is not provided
within the stated five (5) days, the Contract Time for completion shall be extended by the number of
days exceeding the five (5) days. The failure to include any items of corrective Work on such list does
not alter the responsibility of Contractor to complete all Work in accordance with this Contract.
Warranties required by this Contract shall commence on the date of Substantial Completion of the
Work or designated portion thereof unless otherwise provided in the Certificate of Substantial
Completion. The Certificate of Substantial Completion shall be submitted to the Contract
Administrator and Contractor for their written acceptance of the responsibilities assigned to them in
the Certificate of Substantial Completion.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
ARTICLE 44 NO INTEREST
44.1 Unless prohibited by Applicable Law, Municipality shall not be liable to pay any interest to
Contractor for any reason, whether as prejudgment interest or for any other purpose, and
Contractor waives, rejects, disclaims and surrenders any and all entitlement to interest in
connection with a dispute or claim arising from, related to, or in connection with this Contract.
44.2 If the preceding section is inapplicable or is determined to be invalid or unenforceable by a
court of competent jurisdiction, the annual rate of interest payable by Municipality under this
Contract, whether as prejudgment interest or for any other purpose, shall be, to the full extent
permissible under Applicable Law, one quarter of one percent (0.25%) simple interest
(uncompounded).
ARTICLE 45 SHOP DRAWINGS
45.1 Contractor shall submit Shop Drawings as required by the Technical Specifications. The
purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture,
installation requirements, details of the item, and evidence of its compliance or
noncompliance with this Contract.
45.2 Within thirty (30) days after the Project Initiation Date specified in the Notice to Proceed,
Contractor shall submit to Consultant a complete list of preliminary data on items for which
Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by
Consultant shall in no way relieve Contractor from submitting complete Shop Drawings and
providing all materials and equipment in accordance with this Contract. This procedure is
required in order to expedite final approval of Shop Drawings.
45.3 After the approval of the list of items required in Section 45.2 above, Contractor shall promptly
request Shop Drawings from the various manufacturers, fabricators, and suppliers.
45.4 Contractor shall thoroughly review and check the Shop Drawings, and shall approve each and
every copy by initialing same, and shall transit a letter of approval to Consultant and
Municipality.
45.5 If the Shop Drawings show or indicate departures from the Contract requirements, Contractor
shall specify such departures and make specific mention thereof in its letter of transmittal to
Consultant and Municipality. Failure to point out such departures shall not relieve Contractor
from its responsibility to comply with this Contract.
45.6 Consultant shall review and approve Shop Drawings within twenty-one (21) days after the date
received, unless said Shop Drawings are rejected by Consultant for material reasons.
Consultant's approval of Shop Drawings will be general and shall not relieve Contractor of
responsibility for the accuracy of such Shop Drawings, nor for the proper fitting and
construction of the Work, nor for the furnishing of materials or Work required by this Contract
but not indicated on the Shop Drawings. No Work called for by Shop Drawings shall be
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
performed until the said Shop Drawings have been approved by Consultant. Approval by
Consultant shall not relieve Contractor from responsibility for errors or omissions of any sort
on the Shop Drawings.
45.7 No approval will be given to partial submittals of Shop Drawings for items that interconnect
or are interdependent where necessary to properly evaluate the design. It is Contractor's
responsibility to assemble the Shop Drawings for all such interconnecting or interdependent
items, check such items, and then make one submittal to Consultant along with Contractor's
comments as to compliance, noncompliance, or features requiring special attention.
45.8 If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop
Drawings, any additional information or changes on such drawings shall be typewritten or
lettered in ink.
45.9 Contractor shall submit the number of copies of Shop Drawings required by Consultant.
Resubmissions of Shop Drawings shall be made in the same quantity until final approval is
obtained.
45.10 Contractor shall keep one set of Shop Drawings marked with Consultant's approval at the job
site at all times.
ARTICLE 46 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS
46.1 The entire responsibility for establishing and maintaining line and grade in the field lies with
Contractor. Contractor shall maintain an accurate and precise record of the location and
elevation of all pipelines, conduits, structures, maintenance access structures, handholes,
fittings and the like, and shall prepare record or "as -built" drawings of the same, which must
be sealed by a Professional Surveyor. Contractor shall deliver these records in good order to
Consultant as the Work is completed. The cost of all such field layout and recording work is
included in the bid prices for the appropriate items. All record drawings shall be made on
reproducible paper and shall be delivered to Consultant prior to, and as a condition of, final
payment.
46.2 Contractor shall maintain in a safe place at the Project site one record copy of all Drawings,
Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written
interpretations and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved samples and a
counterpart of all approved Shop Drawings shall be available at all times to Consultant for
reference. Upon Final Completion of the Project and prior to Final Payment, these record
documents, samples, and Shop Drawings shall be delivered to the Contract Administrator.
46.3 Prior to, and as a condition precedent to Final Payment, Contractor shall submit to
Municipality Contractor's record drawings or as -built drawings acceptable to Consultant.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
ARTICLE 47 SAFETY AND PROTECTION
47.1 Contractor shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Project. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
injury, or loss to:
47.1.1 All employees on the work site and other persons who may be affected thereby;
47.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage
on or off the Project site; and
47.1.3 Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, and utilities not designated for removal, relocation, or
replacement in the course of construction.
47.2 Contractor shall comply with all Applicable Law of any public body having jurisdiction for the
safety of persons or property or to protect person or property from damage, injury, or loss,
and Contractor shall erect and maintain all necessary safeguards for such safety and
protection. Contractor shall notify owners of adjacent property and utilities when
performance of the Work may affect them. All damage, injury, or loss to any property
referred to in subsections 47.1.2 and 47.1.3 above, caused directly or indirectly, in whole or
in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, shall be repaired or remedied by
Contractor. Contractor's duties and responsibilities for the safety and protection of the Work
shall continue until such time as all the Work is completed and Consultant has issued a notice
to Municipality and Contractor that the Work is acceptable except as otherwise provided in
Article 30.
47.3 Contractor shall designate a responsible member of its organization at the Project site whose
duty shall be the prevention of accidents. This person shall be Contractor's superintendent
unless otherwise designated in writing by Contractor to Municipality.
ARTICLE 48 FINAL BILL OF MATERIALS
Contractor shall be required to submit to Municipality and Consultant a final bill of materials with
unit costs for each bid item for supply of materials installed. This shall be an itemized list of all
materials with a unit cost for each material, and the total cost shall be determined on the basis of
the unit costs established for each Contract item. A Final Certificate for Payment will not be issued
by Consultant until Contractor submits the final bill of materials and Consultant verifies the accuracy
of the units of Work.
ARTICLE 49 PROJECT SIGN
Any requirements for a project sign shall be as set forth within the Technical Specifications section.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
ARTICLE 50 CLEANING UP; MUNICIPALITY'S RIGHT TO CLEAN UP
Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by its operations. At the completion of the Project, Contractor shall remove all its waste
materials and rubbish from and about the Project as well as its tools, construction equipment,
machinery, and surplus materials. If Contractor fails to cleanup during the performance of the Work
or at the completion of the Work, Municipality may do so and the cost thereof shall be charged to
Contractor. If a dispute arises between Contractor and separate contractors of Municipality as to
their responsibility for cleaning up, Municipality may clean up and charge the cost thereof to the
contractors responsible as Consultant shall determine to be appropriate and equitable.
ARTICLE 51 HURRICANE PRECAUTIONS
51.1 During such periods of time as are designated by the National Weather Services as being a
hurricane watch or warning, Contractor, at no cost to Municipality, shall take all precautions
necessary to secure the Project site from any damage that may be caused by all threatened
storm events, regardless of whether Municipality or Consultant has given notice of same.
51.2 Compliance with any specific hurricane watch or warning precautions will not constitute
additional work.
51.3 Suspension of the Work caused by a threatened or actual storm event, regardless of whether
Municipality has directed such suspension, will entitle Contractor to additional Contract Time
as non-com pensable, excusable delay, and shall not give rise to a claim for compensable
delay.
ARTICLE 52 REMOVAL OF EQUIPMENT
In case of termination of this Contract before completion for any cause whatsoever, Contractor, if
notified to do so by Municipality, shall promptly remove any part or all of Contractor's equipment
and supplies from the property of Municipality, failing which Municipality shall have the right to
remove such equipment and supplies at the expense of Contractor.
ARTICLE 53 DOMESTIC PARTNERSHIP REQUIREMENT
Unless this Contract is exempt from the provisions of the Broward County Domestic Partnership Act,
Section 16Y2-157, Broward County Code of Ordinances ("Act"), Contractor certifies and represents
that it will at all times comply with the provisions of the Act, and the contract language referenced
in the Act is deemed incorporated in this Contract as though fully set forth in this section. The failure
of Contractor to comply shall be a material breach of this Contract, entitling Municipality to pursue
any and all remedies provided under Applicable Law including, but not limited to (1) retaining all
monies due or to become due Contractor until Contractor complies; (2) termination of this Contract;
and (3) suspension or debarment of Contractor.
ARTICLE 54 EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE
COMPLIANCE
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City of Tamarac Purchasing and Contracts Division
54.1 No party to this Contract may discriminate on the basis of race, color, sex, religion, national
origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or
gender identity and expression in the performance of this Contract, except that any project
assisted by the U.S. Department of Transportation funds shall comply with the
nondiscrimination requirements in 49 C.F.R. Parts 23 and 26. Contractor shall include the
foregoing or similar language in its contracts with any Subcontractors.
54.2 Contractor shall comply with all applicable requirements of Section 1-81, Broward County
Code of Ordinances, in the award and administration of this Contract. Failure by Contractor
to carry out any of the requirements of this article shall constitute a material breach of this
Contract, which shall permit Municipality to terminate this Contract or exercise any other
remedy provided under this Contract, the Broward County Code of Ordinances, the Broward
County Administrative Code, or under other Applicable Law, all such remedies being
cumulative.
54.3 Contractor must meet or exceed the required CBE or SBE goal by utilizing the CBE or SBE firms
listed in Exhibit 2 (or a CBE/SBE firm substituted for a listed firm, if permitted) for forty
percent (40%) of total Work under this Contract (the "Commitment"). In performing the
Work, Contractor shall utilize the CBE or SBE firms listed in Exhibit _2 for the scope of work
and the percentage of work amounts identified on each Letter of Intent. Promptly upon
execution of this Contract by Municipality, Contractor shall enter into formal contracts with
the CBE or SBE firms listed in Exhibit 2 and, upon request, shall provide copies of the contracts
to the Contract Administrator and OESBD.
54.4 Each CBE or SBE firm utilized by Contractor to meet the CBE or SBE goal must be certified by
OESBD. Contractor shall inform Municipality immediately when a CBE or SBE firm is not able
to perform or if Contractor believes the CBE or SBE firm should be replaced for any other
reason, so that OESBD can review and verify the good faith efforts of Contractor to substitute
the CBE or SBE firm with another CBE or SBE firm. Whenever a CBE or SBE firm is terminated
for any reason, Contractor shall provide written notice to OESBD and, upon written approval
of the Director of OESBD, shall substitute another CBE or SBE firm in order to meet the CBE
or SBE goal, unless otherwise provided in this Contract or agreed to in writing by the Parties.
Such substitution shall not be required if the termination results from modification of the
scope of services and no CBE or SBE firm is available to perform the modified scope of
services; in which event, Contractor shall notify OESBD, and OESBD may adjust the CBE or SBE
goal by written notice to Contractor. Contractor shall not terminate a CBE or SBE firm for
convenience without OESBD's prior written consent, which consent shall not be unreasonably
withheld.
54.5 The Parties stipulate that if Contractor fails to meet the Commitment, the damages to
Municipality arising from such failure are not readily ascertainable at the time of contracting.
If Contractor fails to meet the Commitment and County determines, in the sole discretion of
the OESBD Program Director, that Contractor failed to make Good Faith Efforts (as defined in
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City of Tamarac Purchasing and Contracts Division
Section 1-81, Broward County Code of Ordinances) to meet the Commitment, Contractor
shall pay Municipality liquidated damages in an amount equal to fifty percent (50%) of the
actual dollar amount by which Contractor failed to achieve the Commitment, up to a
maximum amount of ten percent (10%) of the total contract amount excluding costs and
reimbursable expenses. An example of this calculation is stated in Section 1-81.7, Broward
County Code of Ordinances. As elected by Municipality, such liquidated damages amount
shall be either credited against any amounts due from Municipality, or must be paid to
Municipality within thirty (30) days after written demand. These liquidated damages shall be
Municipality's sole contractual remedy for Contractor's breach of the Commitment, but shall
not affect the availability of administrative remedies under Section 1-81. Contractor
acknowledges and agrees that the liquidated damages provided in this section are
proportionate to an amount that might reasonably be expected to flow from a breach of the
Commitment and are not a penalty. Any failure to meet the Commitment attributable solely
to force majeure, changes to the Scope of Work by Municipality, or inability to substitute a
CBE or SBE Subcontractor where the OESBD Program Director has determined that such
inability is due to no fault of Contractor, shall not be deemed a failure by Contractor to meet
the Commitment.
54.6 Contractor acknowledges that County, may make minor administrative modifications to
Section 1-81, Broward County Code of Ordinances, which shall become applicable to this
Contract if the administrative modifications are not unreasonable. Written notice of any such
modification shall be provided to Contractor and shall include a deadline for Contractor to
notify Municipality in writing if Contractor concludes that the modification exceeds the
authority under this section. Failure of Contractor to timely notify Municipality of its
conclusion that the modification exceeds such authority shall be deemed acceptance of the
modification by Contractor.
54.7 OESBD may modify the Commitment in connection with any amendment, extension,
modification, or change order to this Contract that, by itself or aggregated with previous
amendments, extensions, modifications, or change orders, increases the initial Contract price
by ten percent (10%) or more. Contractor shall make a good faith effort to include CBE or
SBE firms in work resulting from any such amendment, extension, modification, or change
order, and shall report such efforts, along with evidence thereof, to OESBD.
54.8 No later than ten (10) business days after the end of the month, Contractor shall provide
written monthly reports to the Contract Administrator and the OESBD Director attesting to
Contractor's compliance with the Commitment. In addition, Contractor shall allow
Municipality and OESBD to engage in onsite reviews to monitor Contractor's progress in
achieving and maintaining the Commitment. The Contract Administrator in conjunction with
OESBD shall perform such review and monitoring, unless otherwise determined by the
County Administrator.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
54.9 The Contract Administrator may withhold progress payments if Contractor fails to
demonstrate timely payments of sums due to all Subcontractors and suppliers. The presence
of a "pay when paid" provision in a Contractor's contract with a CBE or SBE firm shall not
preclude Municipality or its representatives from inquiring into claims of nonpayment.
ARTICLE 55 PUBLIC RECORDS
To the extent Contractor is acting on behalf of Municipality as provided in Section 119.0701, Florida
Statutes, Contractor shall:
55.1.1 Keep and maintain public records required by Municipality to perform the services under this
Contract;
55.1.2 Upon request from Municipality, provide Municipality with a copy of the requested records
or allow the records to be inspected or copied within a reasonable time and at a cost that
does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by
Applicable Law;
55.1.3 Ensure that public records that are exempt or confidential and exempt from public record
requirements are not disclosed except as authorized by Applicable Law for the duration of
this Contract and after completion or termination of this Contract if the records are not
transferred to Municipality; and
55.1.4 Upon completion or termination of this Contract, transfer to Municipality, at no cost, all
public records in possession of Contractor or keep and maintain public records required by
Municipality to perform the services. If Contractor transfers the records to Municipality,
Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt. If Contractor keeps and maintains public records, Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must
be provided to Municipality upon request in a format that is compatible with the information
technology systems of Municipality.
The failure of Contractor to comply with the provisions of this article shall constitute a material
breach of this Contract entitling Municipality to exercise any remedy provided in this Contract or
under Applicable Law, all of such remedies being cumulative.
A request for public records regarding this Contract must be made directly to Municipality, who will
be responsible for responding to any such public records requests. Contractor will provide any
requested records to Municipality to enable Municipality to respond to the public records request.
Any material submitted to Municipality that Contractor contends constitutes or contains trade
secrets or contends is otherwise exempt from production under Florida public records laws
(including Florida Statutes Chapter 119) ("Trade Secret Materials") must be separately submitted and
conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION —TRADE SECRET." In addition,
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Contractor must, simultaneous with the submission of any Trade Secret Materials, provide a sworn
affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute
trade secrets under Florida Statutes Section 688.002 and stating the factual basis for same. If a third
party submits a request to Municipality for records designated by Contractor as Trade Secret
Materials, Municipality shall refrain from disclosing the Trade Secret Materials, unless otherwise
ordered by a court of competent jurisdiction or authorized in writing by Contractor. Contractor shall
indemnify and defend Municipality and its employees and agents from any and all claims, causes of
action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys'
fees, litigation expenses, and court costs, relating to the non -disclosure of any Trade Secret Materials
in response to a records request by a third party.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF FLORIDA
STATUTES CHAPTER 119 TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK, 7525 NW 88TH AVENUE, ROOM 101, TAMARAC, FL 33321 (954) 597-
3505, CITY.CLERK@TAMARAC.ORG.
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The City For Your Life
City of Tamarac Purchasing and Contracts Division
SUPPLEMENTAL GENERAL CONDITIONS
SUPPLEMENTAL WAGE REQUIREMENTS
1. X 'Prevailing Wage Rate Ordinance - This Project is not federally funded. If the price of this
Contract is in excess of Two Hundred Fifty Thousand Dollars ($250,000.00), the following sections
shall apply.
1.1. The rate of wages and fringe benefit payments for all laborers, mechanics, and
apprentices shall not be less than those payments for similar skills in classifications of work
in a like construction industry as determined by the Secretary of Labor and as the most
recently published in the Federal Register.
1.2. All mechanics, laborers, and apprentices, employed or working on the site of
the Work, shall be paid in accordance with the above referenced wage rates. Contractor
shall post this section of the Contract (Supplemental Wage Requirements) at the site of the
Work in a prominent place where it can be easily seen by the workers.
1.3. If the Parties cannot agree on the proper classification of a particular class of
laborers or mechanics or apprentices that will be used on the Work site, the Contract
Administrator shall submit the question, together with its recommendation, to the
Municipality Manager for final determination, which shall be binding.
1.4. If the Contract Administrator determines that any laborer or mechanic or
apprentice employed by Contractor or any Subcontractor on the site of the Work has been
or is being paid wages less than the rate of wages required by the Prevailing Wage Ordinance,
Section 26-5 of the Broward County of Ordinances, as amended, the Contract Administrator
may (1) by written notice to Contractor direct Contractor to terminate the Work or such part
of Work for which there has been a failure to pay said required wages; and (2) contract with
another party perform the Work or portion thereof to completion. Whereupon, Contractor
and its Sureties shall be liable to Municipality for any all costs incurred by Municipality to
complete such Work to the extent such costs exceed any amounts that Contractor would be
due for performance of such Work.
1.5. Contractor shall maintain payrolls and basic records relating thereto during
the course of the Work and shall preserve such for a period of three (3) years thereafter for
all laborers, mechanics, and apprentices working at the site of the Work. Such records shall
contain the name and address of each such employee; the employee's current classification;
rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits);
daily and weekly number of hours worked; deductions made; and actual wages paid.
1.6. Contractor shall submit, with each application for payment, a signed and
sworn "Statement of Compliance" (Form 8A) attesting to compliance with the Prevailing
Wage Ordinance, Section 26-5 of the Broward County of Ordinances, as amended.
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and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
1.7. The Contract Administrator may withhold or cause to be withheld from
Contractor so much of the payments requisitioned as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and guards employed by Contractor
or any Subcontractor on the Work, the full amount of wages required by this Contract.
1.8. If Contractor or any Subcontractor fails to pay any laborer, mechanic, or
apprentice employed or working on the site of the Work all or part of the wages required by
this Contract, the Contract Administrator may, after written notice to Contractor, take such
action as may be necessary to cause suspension of any further payments or advances until
such violations have ceased.
2. Federal Grant Projects: NOT APPLICABLE
2.1. Because this Project will be funded, in whole or in part, by the United States
government through [Federal Agency] and referred to as
No. all Federal assurances applicable
to such funding, including any and all supervening assurances set forth in Rules and
Regulations published in Federal Register or C.F.R., shall apply to this Contract.
Accordingly, all clauses, terms, or conditions required by federal grantor agency with respect
to the federal funding for this Project are hereby attached and made a part of this Contract.
[ATTACH RELEVANT DOCUMENTS IF SECTION 2 IS CHECKED]
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 1: PERFORMANCE BOND
Project Name: Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement Resurfacing
Project
Project Number: 23-0813, Broward County MAP #BC-TAM-FY2020-00001
BY THIS BOND, We , as Principal, hereinafter called
Contractor, located at with a phone number of
and , as Surety, located at
with a phone number of under the assigned Bond Number
are bound to the Municipality of ,Florida ("Municipality"), and
Broward County, Florida, as dual Obligees (hereinafter jointly and severally referred to as
"Municipality/County"), 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 by written agreement dated the day of
20 , entered into a Contract, Bid/Contract No. ,with Municipality, the terms of
which contract (including the Contract Documents, as those are defined in the contract) are
incorporated by reference herein and made a part hereof as the "Contract," which includes any and
all provisions for liquidated damages, and other damages identified.
THE CONDITION OF THIS BOND is that if Contractor:
1) Performs the Contract between Contractor and Municipality for construction of
in the time and manner
prescribed in the Contract; and
2) Pays Municipality/County all losses, liquidated damages, expenses, costs and attorneys' fees
including appellate proceedings, that Municipality/County sustains as a result of default by
Contractor under the Contract; and
3) Performs the guaranties of all Work (as defined in the Contract) and materials furnished
under the Contract for the time specified in the Contract, then THIS BOND IS VOID;
OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT.
Whenever Contractor shall be, and is declared by Municipality/County to be, in default under the
Contract with Municipality, having performed its obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
a) Complete the required performance in accordance with the terms and conditions of the
Contract Documents; or
b) Obtain a bid or bids for completing the Project in accordance with the terms and conditions
of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or,
if Municipality/County elects, upon determination by Municipality/County and Surety jointly of the
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
lowest responsible Bidder, arrange for a contract between such Bidder and Municipality/County on
the same terms and conditions as the Contract Documents unless otherwise agreed by
Municipality/County, and shall make available as Work progresses sufficient funds to pay the cost of
completion of the Work required by the Contract in an amount less but not exceeding the balance
of the Contract Price , which amount shall include 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 Municipality to
Contractor under the Contract and any amendments thereto, less the amount properly paid by
Municipality to Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other than
Municipality/County named herein.
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
does not affect Surety's obligation under this Bond.
Signed and sealed this day of , 20
ATTEST: CONTRACTOR
Corporate Secretary or other
person authorized to attest
Print Name
(CORPORATE SEAL OR NOTARY)
IN THE PRESENCE OF:
Signature
(Print Name)
By:
Authorized Signor
Print Name and Title
day of , 20
SURETY:
By
Agent and Attorney -in -Fact
(Print/Type Name)
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Address:
Signature
(Street)
(City/State/Zip Code)
Telephone No.:
68
23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 2: PAYMENT BOND
Project Name: Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement
Resurfacing Project
Project Number: 23-08B, Broward County MAP #BC-TAM-FY2020-00001
KNOW ALL BY THESE PRESENTS:
That we , as Principal (hereinafter called "Contractor"),
located at with a phone number of and
as Surety, located at with a phone number
of , under the assigned Bond Number and pursuant to Section 255.05,
Florida Statutes, are bound to the Municipality of , Florida ("Municipality") and Broward
County, Florida (hereinafter jointly and severally referred to as "Municipality/County"), as dual
Obligees, 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 by written agreement dated the of ,
20 entered into a Contract, Bid/Contract No. with Municipality for construction
of located at , the terms of which contract
(including the Contract Documents, as those are defined in the contract) are incorporated by
reference herein and made a part hereof as the "Contract."
THE CONDITION OF THIS BOND is that if Contractor:
1. Pays Municipality/County all losses, damages, expenses, costs and attorneys' fees including
appellate proceedings, that Municipality/County sustains because of default by Contractor
under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
Section 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor
in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE
AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
A. A claimant, except a laborer, who is not in privity with Contractor and who has not
received payment for its labor, materials, or supplies shall, within forty-five (45) days
after beginning to furnish labor, materials, or supplies for the prosecution of the Work
(as defined in the Contract), furnish to Contractor a notice that he or she intends to
look to the bond for protection.
B. A claimant who is not in privity with Contractor and who has not received payment
for its labor, materials, or supplies shall, within ninety (90) days after performance of
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and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 „� r
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
the labor or after complete delivery of the materials or supplies, deliver to Contractor
and to the Surety, written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment.
C. No action for the labor, materials, or supplies may be instituted against Contractor or
the Surety unless the notices stated under the preceding conditions (A) and/or (B), as
applicable, have been given.
D. Any action under this Bond must be instituted in accordance with the Notice and Time
Limitations provisions prescribed in Sections 255.05(2) and 255.05(10), 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
does not affect the Surety's obligation under this Bond.
Signed and sealed this day of
ATTEST:
Corporate Secretary or other
person authorized to attest
Print Name
(CORPORATE SEAL OR NOTARY)
IN THE PRESENCE OF:
Signature
(Print Name)
, 20
CONTRACTOR
By:
Authorized Signor
Print Name and Title
day of 20
SURETY:
By
Agent and Attorney -in -Fact
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
(Print/Type Name)
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Signature
(Print Name)
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
TAMARAC
The City For Your Life
CitV of Tamarac Purchasing and Contracts Division
FORM 3: CERTIFICATE AS TO CORPORATE PRINCIPAL
[COMPLETE ONLY ONE: CERTIFICATION BY CORPORATE SECRETARY OR NOTARIZED CERTIFICATION
UNDER OATH]
CERTIFICATION BY CORPORATE SECRETARY:
I, certify that I am the Secretary of the
corporation named as Principal in the foregoing Performance and Payment Bonds; that
who signed the Bond(s) on behalf of the Principal, was then
of said corporation; that I know their signature; that their signature thereto is
genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said
corporation by authority of its governing body.
Signature:
as Secretary of [Print Name of Principal/Contractor]
(CORPORATE SEAL)
Print Name:
NOTARIZED CERTIFICATION UNDER OATH:
STATE OF
COUNTY OF
Before me, Name of Notary Public a Notary Public duly commissioned, qualified, and acting,
personally appeared Name of Principal/Contractor's Authorized Signor, who has duly sworn under
oath (or affirmed) that they are authorized to execute the foregoing Performance and Payment Bond
on behalf of Contractor named therein in favor of County.
Sworn to (or affirmed) and subscribed before me by means of ❑ 'physical presence or ❑
online notarization, this: day of , 20
NOTARY PUBLIC:
Signature:
Print Name:
(NOTARY SEAL)
My commission expires:
❑ Personally Known or ❑ Produced Identification
Type of Identification Produced:
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 IL
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500,000.00 OR LESS
TO: CITY OF TAMARAC
RE: BID NUMBER: 23-08B Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement
Resurfacing Proiect
BIDDER:
Insert Name
Insert Address
Address Cont'd
Insert Phone Number
AMOUNT OF BOND:
SURETY BOND COMPANY:
Insert Name
Insert Address
Address Cont'd
Insert Phone Number
This is to certify that, in accordance with Section 287.0935, Florida Statutes, the insurer
named above:
(1) Is licensed to do business in the State of Florida;
(2) Holds a certificate of authority authorizing it to write surety bonds in the State of Florida;
(3) Has twice the minimum surplus and capital required by the Florida Insurance Code;
(4) Is otherwise in compliance with the provisions of the Florida Insurance Code; and
(5) Currently holds a valid certificate of authority issued by the United States Department of
Treasury under 31 U.S.C. §§ 9304-9308.
(Date Signed) Agent and Attorney -in -Fact
(continued on next page)
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
AFFIDAVIT
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or
❑j online notarization, this day of 20 by
Agent and Attorney -in -Fact of and
who ❑did ❑ did not take an oath.
NOTARY PUBLIC:
Signature:
Print Name:
(NOTARY SEAL)
My commission expires:
❑ Personally Known or ❑ Produced Identification
Type of My commission expires:
Identification Produced:
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 5: UNCONDITIONAL LETTER OF CREDIT
(PERFORMANCE AND PAYMENT GUARANTY FORM)
UNCONDITIONAL LETTER OF CREDIT
Beneficiary:
Municipality of , Florida
Municipality Manager
, Florida
Date of Issue
Issuing Bank's No.
Applicant:
Amount:
(in United States Funds)
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on (Bank, Issuer Name) at (Branch Address) by order of and for the
account of (Contractor, Applicant, Customer) up to an aggregate amount, in United States Funds, of
$(Dollar Amount) available by your drafts at sight, accompanied by: A signed statement from the
Municipality Manager of the Municipality of , Florida, or the Municipality Manager's
authorized representative that the drawing is due to default in performance of certain obligations
on the part of (Contractor, Applicant, Customer) agreed upon by and between the Municipality of
and (Contractor, Applicant, Customer) pursuant to the Bid/Contract No. for (Name of Project)
and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration
date). Drafts must bear the clause: "Drawn under Letter of Credit No. (number), of (Bank Name)
dated „
This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide
the Municipality Manager with written notice of our intent to terminate the credit herein extended,
which notice must be provided at least thirty (30) days prior to the expiration date of the original
term hereof or any renewed one (1) year term. Notification to Municipality of that this Letter
of Credit will expire prior to performance of Contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in
anyway be modified or amplified by reference to any documents, instrument, or agreement referred
to herein or in which this Letter of Credit is referred to or this Letter of Credit relates, and any such
reference shall not be deemed to incorporate herein by reference any document, instrument, or
agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and
in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon
presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the final completion of the
Project by the (Contractor, Applicant, Customer)
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 ,I /
-JA ► ' ► «
The City For Your Life
City of Tamarac Purchasing and Contracts Division
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International
Chamber of Commerce (2007 revision), Publication No. 600 and to the provisions of Florida law. If
a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law
should arise, Florida law shall prevail. If a conflict between the law of another state or country and
Florida law should arise, Florida law shall prevail.
Authorized Signature
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 Irl
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 6: MONTHLY (CBE/SBE) UTILIZATION REPORT
Prior to submittal, Contractor must download the most
current version of this form, which is available online at:
https://www.broward.org/EconDev/Documents/CBE MUR
SURTAX MUNICIPALITY JUNE2020A.pdf
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 7: FINAL (CBE/SBE) UTILIZATION REPORT
Prior to submittal, Contractor must download the most
current version of this form, which is available online at:
https://www.broward.org/EconDev/Documents/CBEMUR
Utilization Report. pdf
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 ,A� /
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 8A: STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE)
l0
Contract No. 23-08B
Project Title: Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement Resurfacing Project
The undersigned Contractor hereby swears under penalty of perjury that, during the period covered
by the application for payment to which this statement is attached, all mechanics, laborers, and
apprentices, employed or working on the site of the Project, have been paid at wage rates, and that
the wage rates of payments, contributions, or costs for fringe benefits have not been less than those
required by Section 26-5 of the Broward County Code of Ordinances and the applicable conditions
of the Contract.
Dated , 20
Contractor
By
(Signature)
By
(Name and Title)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of El physical presence or
❑ online notarization, this day of 20 by
and who ❑did ❑ did not take an oath.
NOTARY PUBLIC:
Signature:
Print Name:
(NOTARY SEAL)
My commission expires:
❑ Personally Known or ❑ Produced Identification
Type of Identification Produced:
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 86: STATEMENT OF COMPLIANCE (DAVIS-BACON ACT)
No.
Contract No. 23-08B
Project Title Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement Resurfacing Project
The undersigned Contractor hereby swears under penalty of perjury that, during the period covered
by the application for payment to which this statement is attached, all mechanics, laborers, and
apprentices, employed or working on the site of the Project, have been paid at wage rates, and that
the wage rates of payments, contributions, or costs for fringe benefits have not been less than those
required by the Davis -Bacon Act and the applicable conditions of the Contract.
Dated 20
Contractor
By
(Signature)
By
(Name and Title)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ❑ physical presence or
❑ online notarization, this day of 20 by
and who ❑did ❑ did not take an oath.
NOTARY PUBLIC:
Signature:
Print Name:
(NOTARY SEAL)
My commission expires:
❑ Personally Known or ❑ Produced Identification
Type of Identification Produced:
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project/TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS
Contract No. 23-08B
Project Title: Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement Resurfacing Project
The undersigned Contractor hereby swears under penalty of perjury that:
1. Contractor has paid all Subcontractors all undisputed contract obligations for labor, services,
or materials provided on this Project within the time period set forth in Sections 218.73 and
218.735, Florida Statutes, as applicable.
2. The following Subcontractors have not been paid because of disputed contractual
obligations; a copy of the notification sent to each, explaining the good cause why payment
has not been made, is attached to this form:
Subcontractor Name and Address Date of Disputed I Amount in
Invoice Dispute
Dated
STATE OF
COUNTY OF
20
Contractor
By
(Signature)
By
(Name and Title)
The foregoing instrument was acknowledged before me by means of ❑ physical presence or
❑ online notarization, this day of 20 by
and who ❑did ❑ did not take an oath.
NOTARY PUBLIC:
Signature:
Print Name:
(NOTARY SEAL)
My commission expires:
❑ Personally Known OR ❑ Produced Identification
Type of Identification Produced:
81
23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001 ��
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 10: CERTIFICATE OF SUBSTANTIAL COMPLETION
Contract No.23-0813
Project (Name and Address): Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement
Resurfacing Project
To (Municipality): _City of Tamarac
Contract Administrator: John Doherty, P.E. Director of Public Services
Contractor: Janice M. Riley DBA The Paving Lady
Notice to Proceed Date: 7/28/2023
Contract Administrator:
Date of Issuance:
Project or Designated Portion Shall Include:
The Work performed under this Contract has been reviewed and found to be substantially complete
and all documents required to be submitted by Contractor under the Contract Documents have been
received and accepted.
The date of Substantial Completion of the Project or portion thereof designated above is
recommended as: February 8, 2024
Unless otherwise defined in the contract, the definition of date of Substantial
Completion is that date, as certified in writing by Contract Administrator and as finally
determined by Contract Administrator in its sole discretion, on which the Work, or a
portion thereof, is at a level of completion in substantial compliance with the Contract
Documents, such that all conditions of permits and regulatory agencies have been
satisfied and the Owner or its designee can enjoy use or occupancy and can use or
operate the Project in all respects for its intended purpose. A Certificate of Occupancy
(or a Temporary Certificate of Occupancy or other alternate municipal/county
authorization for limited or conditional occupancy acceptable to the Contract
Administrator) must be issued for Substantial Completion to be achieved; however,
the issuance of a Certificate of Occupancy or the date thereof does not constitute
Substantial Completion.
A list of items to be completed or corrected that has been prepared by Contract Administrator and
approved by Municipality is attached hereto. The failure to include any items on such list does not
alter the responsibility of Contractor to complete all work in accordance with the Contract
Documents.
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project /TAMA FY 2020-00001 ,►+
MIT, _.�. �
The City For Your Life
City of Tamarac Purchasingand Contracts Division
Contract Administrator By Date
In accordance with the terms of the Contract, Contractor will complete or correct the work on the
list of items attached hereto within fortv-five days from the above date of Substantial
Completion.
Contractor By Date
Municipality, through the Municipality Manager, has determined the Work or portion thereof
designated by Municipality is substantially complete and will assume full possession thereof at
(time) on (date
CITY OF TAMARAC:
By City Manager Date
The responsibilities of Municipality and Contractor for security, maintenance, heat, utilities, damage
to the work, and insurance shall be as follows:
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23-088 Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 11: FINAL CERTIFICATE OF PAYMENT
Contract No. 23-08B
Project (Name and Address): Mainlands of Tamarac Sections 1-5 and Hiatus Road Pavement
Resurfacing Proiect
To (Municipality): City of Tamarac
Contract Administrator: John Doherty, P.E., Director of Public Services
Contractor: Janice M. Riley Inc. D.B.A. The Paving Lady
Contract Administrator:
Date of Issuance:
All conditions or requirements of any permits or regulatory agencies have been satisfied. The
documents required pursuant to the terms and conditions of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the Contract
Documents has been reviewed and the undersigned certifies that the Work, including minor
corrective work, has been completed in accordance with the provision of the Contract Documents
and is accepted under the terms and conditions thereof.
Contract Administrator
Date
By
Municipality, through its Municipality Manager, accepts the work as fully complete and will assume
full possession thereof at on
(time) (date)
CITY OF TAMARAC:
By City Manager Date
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 12: FORM OF FINAL RECEIPT
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of 20 from the Municipality of ,
Florida, the sum of Dollars ($ ) as full and final payment to
Contractor for all work and materials for the Project described as:
This sum includes full and final payment for all extra work and material and all incidentals.
Contractor hereby indemnifies and releases the Municipality of from all liens and
claims whatsoever arising out of the Contract and/or Project.
Contractor hereby certifies that all persons doing work upon or furnishing materials or
supplies for the Project have been paid in full. In lieu of this certification regarding payment for work,
materials and supplies, Contractor may submit a consent of surety to final payment in a form
satisfactory to the Municipality of
Contractor further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and
Use Tax Act), as amended, have been paid and discharged.
[IF INCORPORATED SIGN BELOW.]
ATTEST:
Corporate Secretary or other
person authorized to attest
(CORPORATE SEAL OR NOTARY)
CONTRACTOR
CONTRACTOR NAME
Authorized Signor
Print Name and Title
day of A 20_
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
[IF NOT INCORPORATED SIGN BELOW.]
WITNESSES:
Witness signature
Print/Type Name
Witness signature
Print/Type Name
CONTRACTOR
Business Name
By:
Authorized Signor
Print/Type Name and Title
day of 20
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23-08B Mainlands of Tamarac Sections 1-5
and Hiatus Road Pavement Resurfacing Project / TAMA FY 2020-00001
TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
FORM 13: FINAL LIST OF NON -CERTIFIED SUBCONTRACTORS AND SUPPLIERS
To:
Contractor
From: Broward County Purchasing Division
Subject: Final List of Non -certified Subcontractors/Sub-vendors
Re:
(Project Title, Contract Number)
The attached list of non -certified Subcontractors/sub-vendors have performed or provided services
to Municipality for the referenced contract. Non -certified Subcontractors/sub-vendors are any
Subcontractors/sub-vendors whose services under the Contract were not approved to meet the
participation CBE/SBE goal establshed for this Contract, and whose participation was not listed on
Contractor's "Schedule of Participation" and/or not aproved as substitutes or additions by the
Broward County Office of Economic Small Business Development Division toward meeting the
established goal.
Contractor certifies the following:
There were no other non -certified Subcontractors/sub-vendors who provided a service to
Municipality for the referenced Contract. All participants on the Contract are listed on the
attached list.
There were other non -certified Subcontractors/sub-vendors who provided a service and are
not listed on the attached list. The additional Subcontractors/sub-vendors are listed on the
attached list.
THE UNDERSIGNED VENDOR HEREBY CERTIFIES THATTHE INFORMATION PROVIDED HEREIN IS TRUE
AND CORRECT.
STATE OF
COUNTY OF
The foregoing Final List of Non -Certified Subcontractors and Suppliers was acknowledged
before me by means of ❑ physical presence or ❑ online notarization, this day of
20 , by , and who ❑did ❑ did not take an
oath.
(NOTARY SEAL) Signature:
Print Name:
My commission expires:
❑ Personally Known or ❑ Produced Identification
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
Type of Identification Produced:
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
STATEMENT OF CBE/SBE ASSURANCE
(Company Letterhead)
CONTRACTOR ASSURANCE STATEMENT
PROJECT DESCRIPTION
I, (Authorized Official/Agent), on behalf of the
(Contractor), hereby agree to comply with the County
Business Enterprise (CBE) or Small Business Enterprise (SBE) requirements of the RFP between the
Municipality of and Contractor for Project, and to
comply with the following requirements.
1. Compliance with the Municipality's non-discrimination policy by providing a non-
discrimination Statement;
2. Acknowledgment of the CBE/SBE percentage goal established on the project; and
3. Contract to engage in good faith effort solicitation of approved Broward County Small
Business Development Program firms to achieve the project goals as indicated in the RFP
document.
Authorized Agent of Contractor
Printed Name & Title
Telephone Number/Fax Number
Date:
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TAMARAC
The City For Your Life
City of Tamarac Purchasing and Contracts Division
EXHIBIT 1 INSURANCE REQUIREMENTS
Except for contract requirements where goods are drop -shipped to the City, responding firm 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.
Responding firm shall obtain at Responding firm'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.
Responding firm shall maintain such insurance in full force and effect during the life of this
Agreement. Responding firm shall provide to the City's Risk & Safety Officer certificates of all
insurance required under this section priorto beginning any work under this Agreement. Responding
firm shall indemnify and save the City and the Broward County Board of County Commissioners, it's
officers, agents and employees, harmless from any damage resulting to it for failure of either
Responding firm 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:
• General Liability- $1M/$2M
a Automobile—$1M/$1M
• Workers Comp — Statutory
• Contractors pollution liability - $1M/$2M
The City reserves the right to require higher limits depending upon the scope of work under this
Agreement that may be outlined below.
Neither Responding firm nor any subcontractor shall commence work under this contract until they
have obtained all insurance required under this section and have supplied the City with evidence of
such coverage in the form of an insurance certificate and endorsement. The Responding firm will
ensure that all subcontractors will comply with the above guidelines and will maintain the necessary
coverage throughout the term of this Agreement.
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 the City sixty (60)
days' notice prior to cancellation.
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I -a
I 1m'.. !
The City For Your Life
City of Tamarac Purchasina and Contracts Division
The Responding firm's liability insurance policies shall be endorsed to add the City of Tamarac and
the Broward County Board of County Commissioners as "additional insured". The Responding Firm's
Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Responding firm
shall be responsible for the payment of all deductibles and self -insured retentions.
The City may require that the Responding firm purchase a bond to cover the full amount of the
deductible or self -insured retention. If the Responding firm is to provide professional services under
this Agreement, the Responding firm must provide the City with evidence of Professional Liability
insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -
Made" forms are acceptable for Professional Liability insurance. A sample Insurance certificate
validating that the responding firm has the required insurance coverage that will meets the
requirements outlined herein must be uploaded with Responding firm's bid.
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TAMARAC
The City For Your Life
City of Tamarac Purchasinq and Contracts Division
EXHIBIT 2 CBE / SBE UTILIZATION REQUIREMENTS
FIRM CBE CONTRACT AMOUNT CBE PERCENTAGE
Line Design Solutions, LLC. $126,227.70 6.6%
Testing Laboratories & Services $ 24,315.00 1.3%
Asphalt Milling & Paving $610,000.00 32.1%
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