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Home My WebLink AboutCity of Tamarac Resolution R-2023-092Temp. Reso. #13989 August 23, 2023 Page 1 of 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2023-09;)_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING BID NO 23-09B AND APPROVING AN AGREEMENT WITH AUM CONSTRUCTION, INC., FOR CONSTRUCTION OF THE FIRE STATION 15 PRE-EMPTION EMERGENCY VEHICLE SIGNAL SYSTEM PROJECT (BROWARD COUNTY SURTAX - FUNDED TAMA-014) IN ACCORDANCE WITH BID NO.23- 09B FOR A CONTRACT AMOUNT OF $499,685.00; A CONTINGENCY IN THE AMOUNT OF $ 49,968.50 WILL BE ADDED TO THE PROJECT ACCOUNT FOR A TOTAL PROJECT BUDGET OF $549,653.50; AUTHORIZING AN APPROPRIATION FOR THE RECEIPT AND EXPENDITURE FOR THE SURTAX FUNDS TO BE INCLUDED IN A FUTURE BUDGET AMENDMENT PURSUANT TO F.S. 166.241(2); AUTHORIZING AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac wishes to provide its residents and businesses a high level of fire rescue services; and WHEREAS, the efficiency, reliability, and safety of emergency vehicle operations, and the public safety and emergency response are critical for saving lives, reducing property losses, and driving resident satisfaction with quality of life in the City; and WHEREAS, the Traffic Signal Pre-Emption benefits the community with its response time/travel times for emergency operations in reducing delays currently experienced by emergency vehicles at intersections; and WHEREAS, the Pre-Emption signal system will increase safety for the motorist and also for the Fire department exiting the property; and Temp. Reso. #13989 August 23, 2023 Page 2 of 6 WHEREAS, in November 2018, Broward County voters approved a 30-year, one percent surtax, also known as "Penny for Transportation" 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, including the Fire Station 15 Emergency Vehicle Pre-Emption Signal/TAMA-014; and WHEREAS, a Municipal Interlocal Agreement for Surtax -funded Transportation projects was executed and approved by City Commission and Broward County Court of County Commissioners (Reso# R-2022-099) on September 14, 2022; and WHEREAS, the proposed Fire Station 15 Pre-Emption Emergency Vehicle Signal System project includes the furnishing and installation of a Pre-Emption Emergency Vehicle Signal System for the City's Fire Station No. 15, located at 6000 Hiatus Road, Tamarac, FL. 33321. The work shall include, but is not limited to, verification of existing utilities and drainage facilities, clearing, grubbing, concrete removal, concrete curbing, concrete sidewalk and driveway restoration, the construction of substructures that will support mast arms, complete mast arm and signal systems, installation of new pavement markings and signage, trenching, directional boring, electrical conduit and component installation both to the interior and exterior of the fire station, earthwork, landscaping, and sod restoration; and WHEREAS, the proposed Pre-Emption signal will provide an efficient, reliable method to improve traffic safety for emergency vehicles and local motorists at the ingress/egress driveway of Fire Station 15, located at 6000 Hiatus Road; and WHEREAS, the City of Tamarac publicly advertised Bid No 23-09B for the Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project on March 31, 2023; Temp. Reso. #13989 August 23, 2023 Page 3 of 6 incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, the procurement process for the proposed contract complies with the requirements of Section 3.3, Competitive Procurement; Consultants' Competitive Negotiation Act, as applicable, of the Interlocal Agreement between Broward County and the City of Tamarac for the Surtax Funded Municipal Transportation Project ID: TAMA-014, and additionally, the solicitation complies with the requirements of the provisions of state law Section 255.20 and Section 287.055, Florida Statutes; and WHEREAS, on May 9, 2023, the City received and opened two (2) proposals for the Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project, a bid tabulation is attached to Temporary Resolution No. 13989; and WHEREAS, Broward County Office of Economic and small Business Development (OESBD) through the requirement of the Municipal Interlocal Agreement for Surtax -Funded Transportation Projects determined both bidders (Horse Power Electric, Inc. & AUM Construction, Inc.) to be compliant in meeting County Business Enterprise (CBE) program requirements (30%minimum participation goal), with AUM Construction Inc., reaching 100% commitment; and WHEREAS, City staff reviewed the submitted bids and Broward County's evaluation for CBE participation compliance requirements and determined the lowest bidder, AUM Construction Inc, to be the lowest responsive and responsible bidder; and upon review of their proposal and background check, that AUM Construction Inc., possess the skills, experience, and capacity to meet the requirements to construct the Fire Station 15 Pre- Emption Emergency Vehicle Signal System Project and has agreed to the Terms and Conditions, Special Conditions, and Technical Specifications of Bid No. 23-0913; 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 23-09B and execute the agreement with AUM Construction Inc., for Temp. Reso. #13989 August 23, 2023 Page 4 of 6 the Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project, a copy of said agreement is attached hereto as "Exhibit 1 "; 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- 09B and execute the Agreement for the Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project with AUM Construction Inc., for a contract amount of $499,685.00; a contingency in the amount of $49,968.50, for a total project budget of $549,653.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT. - SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part hereof. SECTION 2: The City Commission HEREBY award Bid No. 23-09B to AUM Construction Inc. and approves an Agreement between the City of Tamarac and AUM Construction Inc. ("the Agreement") and the appropriate City Officials are hereby authorized to execute the Agreement, attached hereto as "Exhibit 1" to provide for the Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project. SECTION 3: Funding for the Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project in the amount not to exceed $445,817.00 shall be 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 (TAMA-014) per Resolution No. R-2022-099. City staff has requested additional funding from Broward County in the amount of $53,052.22 via a request for cost escalation (inflation) adjustment, needed to complete the project through an amendment to the Interlocal Agreement. The request for cost escalation (11.9% of Temp. Reso. #13989 August 23, 2023 Page 5 of 6 maximum not to exceed amount) provides for additional funding to the project due to rising costs resulting from the onset of the COVID-19 pandemic, current market conditions and supply chain issues impacting labor and material costs. A cost escalation approval memorandum from Broward County Mobility Advancement Program, in the amount of $53,052.22, has been received by the City on August 1, 2023, reflecting an amendment to the Project Funding Agreement (PFA), which also includes approval for a schedule extension request, attached hereto as "Exhibit 2". The remaining balance ($815.78 + $49,968.50), including the 10% project contingency, for a total amount of $50,784.28, shall be included as an appropriation in a future Budget amendment. The City Manager, or his designee, is hereby authorized to approve and initiate change orders not to exceed $65,000 per Section 6-147 of the City Code, and close the contract award including, but not limited to, making final payment within the terms and conditions of the contract and within the contract price. SECTION 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). SECTION 5: An expenditure for a contract cost of $499,685.00-1 and a contingency in the amount of $49,968.50, for a total project budget of $549,653.50 for said purposes is hereby approved. SECTION 6: The City Manager, or his designee, is hereby authorized to approve and initiate Change Orders 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 contract agreement. SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13989 August 23, 2023 Page 6 of 6 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- The Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 1123 day of A'I qS/ 2023. ATTEST: J'- 6.,4" -- KIMBERLY DIL N, CMC CITY CLERK O MICR LLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ si (�5 DIST 1: V/M BOLTON DIST 2: COMM. WRIGHT, JR. "-JC—S_ DIST 1 COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. 4-IANS OTTINOT CITY ATTORNEY TR 13989 EXHIBIT 1 23-09B - Fire Station 15 Pre Emption Emergency Vehicle Signal System Project AUM Construction, Inc. Horsepower Electric, Inc. Line Item Description Quantity Unit of Measure Unit Price Total Unit Price Total Indemnification 1 Lump Sum $ 10.00 $ 10.00 $ 10.00 $ 10.00 Mobilization/Demobilization 1 Lump Sum $ 20,000.00 $ 20,000.00 $ 45,000.00 $ 45,000.00 Maintenance of Traffic 1 1 Lump Sum $ 20,000.00 $ 20,000.00 $ 75,000.00 $ 75,000.00 ° As -Built Drawing 1 Lump Sum $ 2,500.00 $ 2,500.00 $ 3,500.00 $ 3,500.00 5 Payment and Performance bond 1 Lump Sum $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 6 Clearing & Grubbing Site Prep 1 Lump Sum $ 10,000.00 $ 10,000.00 $ 15,000.00 $ 15,000.00 Earthwork/Restoration (including sod) 1 Lump Sum $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 a Conduit, Furnish & Install, Open Trench 65 Linear Feet $ 50.00 $ 3,250.00 $ 40.00 $ 2,600.00 Conduit, Furnish & Install, Directional Bore 490 Linear Feet $ 50.00 $ 24,500.00 $ 40.00 $ 19,600.00 Signal Cable - New or o Reconstructed Intersection, Furnish and Install 1 PI $ 50,000.00 1 $ 50,000.00 $ 20,000.00 $ 20,000.00 Pull & Splice Box, F&I, 13" X 24" Cover Size 17 Each $ 1,600.00 $ 27,200.00 $ 1,500.00 $ 25,500.00 Electrical Power Service, Furnish & Install, Underground, " Meter Purchased by Contractor 1 AS $ 7,500.00 $ 7,500.00 S 10,000.00 $ 10,000.00 Electrical Service Disconnect, Furnish & Install, Pole Mount 1 Each $ 1,500.00 $ 1,500.00 $ 2.500.00 $ 2,500.00 Electrical Service Wire, Furnish & Install 260 Linear Feet $ 10.00 $ 2,600.00 $ 15.00 $ 3,900.00 Prestressed Concrete Pole, 15 Furnish & Install, Type P-ll Service Pole 1 Each $ 2,000.00 $ 2,000.00 $ 3,000.00 $ 3,000.00 Steel Mast Arm Assembly, 16 furnish & Install, Double Arm 70' - 60' 2 Each $ 120,000.00 $ 240,000.00 $ 128,990.00 $ 257,980.00 Vehicular Traffic Signal, furnish & Install Aluminum, 1 Section, 1 Way 2 AS $ 1,500.00 $ 3,000.00 $ 1.500.00 $ 3,000.00 Vehicular Traffic Signal, Furnish 8 & Install Aluminum, 3 Section, 1 Way 6 AS $ 1,800.00 $ 10,800.00 $ 2,500.00 $ 15,000.00 Traffic Controller Assembly, ° Furnish & Install, Model 2070, 1 Pre-emption 1 AS $ 50,000.00 $ 50,000.00 $ 40,000.00 $ 40,000.00 Single Post Sign, Furnish & 20 Install Ground Mount Up To 12 SF 2 AS $ 1,000.00 $ 2,000.00 $ 800.00 $ 1,600.00 21 Single Post Sign, Remove 2 AS $ 150.00 $ 300.00 S 100.00 $ 200.00 " Sign Panel Furnish & Install Overhead Mount Up To 12 SF 2 Each $ 1,500.00 $ 3,000.00 $ 2,500.00 $ 5,000.00 Raised Pavement Marker, Type B Without Final Surface Markings 10 Each $ 25.00 $ 250.00 $ 10.00 $ 100.00 Thermoplastic, Standard, White, ° Solid 24" for Stop Line and Crosswalk. 105 Linear Feet $ 25.00 $ 2,625.00 $ 10.00 $ 1,050.00 Thermoplastic, Standard - Other Surfaces, White, Solid 6" 0.04 GM $ 25,000.00 $ 1,000.00 S 10,000.00 $ 400.00 26 Thermoplastic Remove Existing Thermoplastic Pavement Markings - Surface to Remain 105 Square Feet $ 30.00 $ 3,150.00 S 5.00 $ 525.00 TOTAL 1 $ 499,685.00 $ 569,965.00 TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division PRICING SCHEDULE 23-09B / TAMA-014 FIRE STATION NO. 15 PRE-EMPTION EMERGENCY VEHICLE SIGNAL SYSTEM PROJECT The Bidder, hereby declares that he or she has carefully examined the site of the proposed work, the the scope of work, the contract documents, all exhibits, 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, exhibits, scope of work, 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 & Specification along with all other related costs 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: https://tamarac.bidsandtenders.org/Module/Tenders/en Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. CITY OF TAMARAC FIRE STATION NO. 15 PRE-EMPTION EMERGENCY VEHICLE SIGNAL SYSTEM PROJECT ITEM ITEM DESCRIPTION ESTIMATED UNIT UNIT COST TOTAL COST NO. QUANTITY 1 Indemnification 1.00 LS $10.00 $10.00 2 * 101- 1 Mobilization/Demobilization 1.00 LS $20,000.00 $20,000.00 3 * 102- 1 Maintenance of traffic 1.00 LS $20,000.00 $20,000.00 4 As -Built Record Drawing 1.00 LS $2,500.00 $2,500.00 Payment & Performance 5 Bond 1.00 LS $7,500.00 $7,500.00 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System AMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Clearing & Grubbing/Site 6 110- Prep 1 1.00 LS $10,000.00 $10,000.00 Earthwork/Restoration 7 (including sod) 1.00 LS $5,000.00 $5,000.00 630- 8 2-11 Conduit, Furnish & Install, Open Trench 65 LF $50.00 $3,250.00 Conduit, Furnish & Install, 9 630- 2 12 Directional Bore 490 LF $50.00 $2,4500.00 Signal Cable - New or 10 Reconstructed Intersection, 7-1 7-1 Furnish & Install 1 PI $50,000.00 $50,000.00 635- Pull & Splice Box, F&I, 13" X 11 2-11 2411 Cover Size 17 EA $1,600.00 $27,200.00 Electrical Power Service, 639- Furnish & Install, 12 1- Underground, 122 Meter Purchased by 1 AS $7,500.00 Contractor $7,500.00 13 639- Electrical Service Disconnect, 3-11 Furnish & Install, Pole Mount 1 EA $1,500.00 $1,500.00 Electrical Service Wire, 14 639- Furnish 2-1 & Install 260 LF $10.00 $2,600.00 Prestressed Concrete Pole, 15 641- Furnish & Install, Type P-II 2-12 Service Pole 1 EA $2,000.00 $2,000.00 649- Steel Mast Arm Assembly, 16 21 Furnish & Install, Double Arm 19 70'-60' 2 EA $120,000.00 $240,000.00 Vehicular Traffic Signal, 17 650- Furnish & Install Aluminum, 1 1-11 Section, 1 Way 2 AS $1,500.00 $3,000.00 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Vehicular Traffic Signal, 18 650- Furnish & Install Aluminum, 3 1-14 Section, 1 Way 6 AS $1,800.00 $10,800.00 670- Traffic Controller Assembly, 19 5- Furnish & Install, Model 141 2070, 1 Preemption 1 AS $50,000.00 $50,000.00 Single Post Sign, Furnish & 20 700- Install Ground Mount, Up to 1-11 12 SF 2 AS $1,000.00 $2,000.00 21 700- Single Post Sign, Remove 1-60 2 AS $150.00 $300.00 700- Sign Panel, Furnish & Install 22 3- Overhead Mount, Up to 12 201 SF 2 EA $1,500.00 $3,000.00 Raised Pavement Marker, 23 706- Type B Without Final Surface 1-3 Markings 10 EA $25.00 $250.00 711- Thermoplastic, Standard, 24 11- White, Solid, 24" for Stop 125 Line and Crosswalk 105 LF $25.00 $2,625.00 711- Thermoplastic, Standard- 25 16- Other Surfaces, White, Solid, 101 6" 0.04 GM $25,000.00 $1,000.00 Thermoplastic, Remove 711- Existing Thermoplastic 26 17-1 Pavement Markings- Surface to Remain 105 SF $30.00 $3,150.00 GRAND TOTAL: $499,685.00 * Mobilization/Demobilization, Item #2, Has a 5% Cap. Any Amount Entered Above 5% Shall Be Added to Item #3, Maintenance of Traffic and Will Not Change the Bidder's Total Price Bid. The City is requesting an aggregate bid, however we reserve the right to award by individual item if it is in the best interest of the City. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your life City of Tamarac and Contracts Division For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. 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; however, the City reserves the right to award the bid by lowest total per bid item, by lowest total per groups of items, or lowest total of any part of items, whichever appears to be in the best interest of the City. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System City of Tamarac TAMARAC The City For Your Life Table of Contents Purchasing and Contracts Division PRICINGSCHEDULE...................................................................................................................................1 SUMMARY OF TERMS AND CONDITIONS..........................................................................................................7 CONTRACT....................................................................................................................................................10 ARTICLE1 DEFINITIONS......................................................................................................................................................10 ARTICLE2 SCOPE OF WORK................................................................................................................................................12 ARTICLE3 CONTRACTTIME................................................................................................................................................12 ARTICLE4 CONTRACT SUM.................................................................................................................................................13 ARTICLE5 PROGRESS PAYMENTS........................................................................................................................................14 ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT.....................................................................................................................16 ARTICLE 7 REPRESENTATIONS AND WARRANTIES............................................................................................................. 161-7 ARTICLE8 MISCELLANEOUS................................................................................................................................................18 CONTRACTSUPPLEMENT...............................................................................................................................25 GENERALCONDITIONS...................................................................................................................................26 ARTICLE 1 CONTRACT DOCUMENTS.....................................................................................................................................26 ARTICLE2 INTENTION OF CITY............................................................................................................................................26 ARTICLE 3 PRELIMINARY MATTERS......................................................................................................................................26 ARTICLE 4 PERFORMANCE BOND AND PAYMENT BOND........................................................................................................28 ARTICLE S QUALIFICATION OF SURETY.................................................................................................................................28 ARTICLE6 INDEMNIFICATION.............................................................................................................................................29 ARTICLE 7 INSURANCE REQUIREMENTS...............................................................................................................................30 ARTICLE8 LABOR AND MATERIALS......................................................................................................................................34 ARTICLE9 ROYALTIES AND PATENTS...................................................................................................................................34 ARTICLE10WEATHER................................................................................................................................................................34 ARTICLE 11 PERMITS, LICENSES, AND IMPACT FEES..........................................................................................................................35 ARTICLE 12 RESOLUTION OF DISPUTES............................................................................................................................................35 ARTICLE13 INSPECTION OF WORK.................................................................................................................................................36 ARTICLE 14 SUPERINTENDENCE AND SUPERVISION..........................................................................................................................36 ARTICLE 15 CITY'S RIGHT TO TERMINATE CONTRACT.......................................................................................................................37 ARTICLE 16 SUSPENSION OF WORK................................................................................................................................................39 ARTICLE 17 PROJECT RECORDS AND RIGHT TO AUDIT......................................................................................................................39 ARTICLE 18 RIGHTS OF VARIOUS INTERESTS..................................................................................................................................41 ARTICLE19 EXPLOSIVES................................................................................................................................................................42 ARTICLE 20 DIFFERING SITE CONDITIONS........................................................................................................................................42 ARTICLE 21 PLANS AND WORKING DRAWINGS...............................................................................................................................42 ARTICLE 22 CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA..........................................................................................42 ARTICLE 23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS....................................................................................43 ARTICLE24 WARRANTY................................................................................................................................................................43 ARTICLE 25 SUPPLEMENTARY DRAWINGS.......................................................................................................................................43 ARTICLE26 DEFECTIVE WORK........................................................................................................................................................43 ARTICLE27 TAXES.........................................................................................................................................................................44 ARTICLE28 SUBCONTRACTS..........................................................................................................................................................44 ARTICLE29 SEPARATE CONTRACTS.................................................................................................................................................45 ARTICLE 30 USE OF COMPLETED PORTIONS.....................................................................................................................................45 ARTICLE31 LANDS OF WORK.........................................................................................................................................................46 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 5 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division ARTICLE 32 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS............................................................................................................46 ARTICLE 33 LOCATION AND DAMAGE TO EXISTING FACILITIES, EQUIPMENT, OR UTILITIES..................................................................46 ARTICLE 34 VALUE ENGINEERING...................................................................................................................................................47 ARTICLE 35 PAYMENT BY CITY FOR TESTS........................................................................................................................................47 ARTICLE 36 CHANGE IN THE WORK OR TERMS OF CONTRACT...........................................................................................................48 ARTICLE 37 FIELD ORDERS AND SUPPLEMENTAL INSTRUCTIONS.......................................................................................................48 ARTICLE 38 CHANGE ORDERS.........................................................................................................................................................48 ARTICLE 39 VALUE OF CHANGE ORDER WORK.................................................................................................................................49 ARTICLE 40 NOTIFICATION AND CLAIM FOR CHANGE OF CONTRACT TIME OR CONTRACT PRICE.........................................................52 ARTICLE 41 NO DAMAGES FOR DELAY............................................................................................................................................53 ARTICLE 42 EXCUSABLE DELAY; COMPENSABLE; NON-COMPENSABLE...............................................................................................53 ARTICLE 43 SUBSTANTIAL COMPLETION......................................................................................................................................... 54 ARTICLE 44 NO INTEREST...............................................................................................................................................................54 ARTICLE45 SHOP DRAWINGS........................................................................................................................................................55 ARTICLE 46 FIELD LAYOUT OF THE WORK AND RECORD DRAWINGS..................................................................................................56 ARTICLE 47 SAFETY AND PROTECTION............................................................................................................................................ 56 ARTICLE 48 FINAL BILL OF MATERIALS............................................................................................................................................57 ARTICLE 49 PROJECT SIGN............................................................................................................................................................. 57 ARTICLE 50 CLEANING UP; CITY'S RIGHT TO CLEAN UP.....................................................................................................................57 ARTICLE 51 HURRICANE PRECAUTIONS...........................................................................................................................................57 ARTICLE 52 REMOVAL OF EQUIPMENT............................................................................................................................................58 ARTICLE 53 DOMESTIC PARTNERSHIP REQUIREMENT.......................................................................................................................58 ARTICLE 54 EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE COMPLIANCE...................................................................................58 ARTICLE 55 PUBLIC RECORDS.........................................................................................................................................................60 SUPPLEMENTAL GENERAL CONDITIONS..........................................................................................................62 SUPPLEMENTAL WAGE REQUIREMENTS.........................................................................................................63 FORM 1: PERFORMANCE BOND......................................................................................................................65 FORM2: PAYMENT BOND..............................................................................................................................68 FORM 3: CERTIFICATE AS TO CORPORATE PRINCIPAL......................................................................................70 FORM 4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500,000.00 OR LESS..........................................71 FORM 5: UNCONDITIONAL LETTER OF CREDIT (PERFORMANCE AND PAYMENT GUARANTY) FORM...................73 FORM 6: MONTHLY (CBE/SBE) UTILIZATION REPORT.....................................................................................75 FORM 7: FINAL (CBE/SBE) UTILIZATION REPORT.............................................................................................76 FORM 8A: STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE)................................................................77 FORM 86: STATEMENT OF COMPLIANCE (DAVIS-BACON ACT).........................................................................78 FORM 9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS.......................................................................79 FORM 10: CERTIFICATE OF SUBSTANTIAL COMPLETION...................................................................................80 FORM 11: FINAL CERTIFICATE OF PAYMENT....................................................................................................82 FORM 12: FORM OF FINAL RECEIPT................................................................................................................83 FORM 13: FINAL LIST OF NON -CERTIFIED SUBCONTRACTORS AND SUPPLIERS..................................................85 LETTER OF INTENT (CBE/SBE).........................................................................................................................86 STATEMENT OF CBE/SBE ASSURANCE.............................................................................................................87 EXHIBIT 1 INSURANCE REQUIREMENTS...........................................................................................................88 EXHIBIT 2 CBE/SBE REQUIREMENTS.......................................................................................................................89 23 096 Fi; e Station No 15 Pre-Emption Emergency Vehicle Signal System 6 TA�M�ARA.0 The City For Your Life City of Tamarac Purchasing and Contracts Division CONTRACT BETWEEN CITY OF TAMARAC AND AUM CONSTRUCTION, INC. FOR FIRE STATION 15 PRE-EMPTION EMERGENCY VEHICLE SIGNAL SYSTEM PROJECT BID/CONTRACT NO.: 23-09B / TAMA 014 Project Title: Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project Location: 6000 Hiatus Road, Tamarac, Florida 33321 RLI Number: Contract Number: 23-09B Project Number: TAMA 014 SUMMARY OF TERMS AND CONDITIONS General Contractor: AUM Construction, Inc. Contractor Address: 6011 Rodman Street, Suite 208, Hollywood, Florida 33023 Federal Identification No.: 20-8608887 Contract Administrator: John Doherty, P.E., Director, Public Services Contract Administrator 6011 Nob Hill Road, Tamarac, Florida 33321 Address: Consultant: McMahon Associates, Inc. Consultant Address: 2090 Palm Beach Lakes, Blvd., Ste. 400, West Palm Beach, FL. 33409 23-09B Fire Station No, 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Article Description Unit 3.2 Substantial Completion 270j Days from the Project Initiation Date in NTP 3.2 Final Completion '301 Days from Substantial Completion 3.3 [If applicable] Liquidated Damages for each calendar day after time specified in Notice to $ N A per day Proceed 3.3 Liquidated Damages for each calendar day after time specified for Substantial Completion $ 500.00 per day 3.3 Liquidated Damages for each calendar day after time specified for Final Completion $ 250.00 per day 3.3 [If applicable] Liquidated Damages for each calendar day after time specified for interim Interim Milestone #1 Milestones (or phase): $ _NSA per day Interim Milestone #2 [Milestones 1, 2, 3, etc.: Division 1, Section ] $ N A per day Interim Milestone #3 $ N A per day 8.4 The Parties designate the following as the respective places for giving of notice: For City: 7525 NW 88th Avenue Tamarac, Florida 33321 ATTN: Levent Sucuoglu, City Manager With a copy to City Attorney at the following address: 7525 NW 88th Avenue Tamarac, Florida 33321 ATTN: Hans Ottinot, PA For Contractor: 6011 Rodman Street Suite 208 Hollywood, Florida 33023 42 Compensable Excusable Delay for each $ 0.00 per day (General calendar day beyond the Contract Time. Conditions) 54 ® Broward County Business Enterprise As awarded (General (CBE) or Small Business Enterprise (SBE) Conditions) commitment 100 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your life City of Tamarac Purchasing and Contracts Division Article Description Unit 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System Tamarac TAMARAC The City For Your Life CONTRACT Purchasing and Contracts Division This is a construction contract ("Contract") by and between the City of Tamarac, a political subdivision of the State of Florida ("City"), and AUM Construction, Inc. (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 City Commission of the City of Tamarac, Florida, 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 City or who is an employee of City and provides professional services for this Project. 1.6. Contract Administrator means the Director of Public Services [, or Assistant Director of Public Services] or such other person designated by the 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, 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. 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 10 TA�tM�ARQ.0 The City For Your Life City of Tamarac and Contracts Division 1.10. Contractor means the person, firm, or corporation with whom City 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 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. 1.12. 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. 1.13. 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. 1.14. Materials means materials incorporated in this Project or used or consumed in the performance of the Work. 1.15. Municipality / City Manager means the official appointed by the Municipality who directs the administration of the Municipality. 1.16. 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. 1.17. OESBD means Broward County's Office of Economic and Small Business Development. 1.18. Plans or Drawings means the official graphic representations of this Project that are a part of the Contract Documents. 1.19. Purchasing Director means Municipality's Purchasing and Contracts Manager or designee authorized to execute Work Authorizations. 1.20. Project means the construction project described in the Contract Documents, including the Work described therein. 1.21. Project Initiation Date means the date upon which the Contract Time commences. 1.22. 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. 23-099 Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 1.23. 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. 1.24. 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 City 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. 1.25. 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. 1.26. 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. 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 City's Director of Purchasing and by Notice to Proceed issued by the Contract Administrator. The Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City 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 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. Issuance of all permits by the permitting authority shall be a condition precedent for all additional Work. Except for the reimbursement of permit application fees as may be provided in the Contract Documents, Contractor shall not be 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System AMARAC The City For Your Life Tamarac and Contracts Division entitled to compensation of any kind during the permitting process. The Work to be performed pursuant to the Notice to Proceed shall commence within ten (10) days after the Project Initiation Date specified in the Notice to Proceed. 3.2. Time is of the essence throughout this Contract. Contractor must obtain Substantial Completion of the Work within 270 days from the Project Initiation Date specified in the Notice to Proceed, and Final Completion within 30 days from 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 City the sum of Five Hundred Dollars ($ 500.00) for each calendar 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 City the sum of Two Hundred Fifty 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 City 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 City 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. City may deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 3.5. Contractor shall reimburse City, 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. Consultant construction administration costs shall be in the amounts set forth in the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit Change Orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 4 CONTRACT SUM ® This is a Unit Price Contract:* 4.1 City 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division number of units incorporated in or made necessary by the Work covered by the Contract Documents. 4.2 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. ❑ This is a Lumn Sum Contract:* 4.3 City shall pay Contractor the Contract Price for the performance of the Work described in the Contract Documents. 4.4 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 City. 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 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: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 14 City of Tamarac TAMARAC The City For Your Life John E. Doherty, P.E., Director of Public Services Public Services Department 6011 Nob Hill Road Tamarac, Florida: 33321 and Contracts Division 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 City determines to be fraudulent or misleading. If the Application for Payment does not meet the requirements of this Contract, City 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 business days after the corrected Application for Payment is stamped as received. Any dispute between City and Contractor shall be resolved pursuant to the dispute resolution procedure set forth in Article 12 of the General Conditions. 5.2 City 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 City. 5.3 City may withhold, in whole or in part, payment with respect to any Application for Payment to such extent as may be necessary to protect itself from loss on account of: 5.3.1 Inadequate or Defective work not remedied. 5.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City 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/City for extended construction administration. 5.3.6 Failure of Contractor to provide documents required by the Contract Documents. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 15 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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, City shall, upon certification of Consultant, and without terminating this Contract, make payment of the balance due for any portion of 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 Director of Purchasing, 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 any law, rule, regulation, or duty arising in law or equity applicable to Contractor. Contractor further represents and warrants that execution of this Contract is within Contractor's legal powers, and each individual executing this Contract _ _ _...- ___-. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 16 TAMARAC The City For Your Life City of Tamarac and Contracts Division 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 City 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 amount of money involved or whether Contractor has been placed on the convicted vendor list. 7.5 Discriminatory Vendor and Scrutinized Companies List. 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 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System W TAM�A 1RAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 Services and that each person and entity that will provide Services is duly qualified to perform such services 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 Services. Contractor represents and warrants that the Services shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 7.9 Truth -In -Negotiation Representation. Contractor's compensation under this Contract is based upon its representations to City, 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 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 Breach of Representations. In entering into this Contract, Contractor acknowledges that City is materially relying on the representations, warranties, and certifications of Contractor stated in this article. City shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation, warranty, or certification is false, City shall have the right, at its sole discretion, to terminate this Contract without any further liability to Contractor, to deduct from any amounts due Contractor under this Contract the full amount of any value paid in violation of a representation or warranty, and to recover all sums paid to Contractor under this Contract. Furthermore, a false representation may result in debarment from City's procurement activities. ARTICLE 8 MISCELLANEOUS 8.1 Contract Documents and Priority of Provisions. 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. Services 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, 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 18 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division employees, or agents of City. 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 City intends to directly or substantially benefit a third party by entering into this Contract. Therefore, the Parties agree that, other than Broward 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. All notices to be given hereunder shall be in writing, and may be given by United States Mail, postage prepaid, return receipt requested; by commercial express carrier with acknowledgment of delivery; or by hand delivery, addressed to the party to be notified at the last place specified, each of the foregoing with a simultaneous copy sent via electronic mail. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the Parties designate the following as the respective places for giving of notice: For City: City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321 ATTN: Levent Sucuoglu, City Manager E-mail: For Contractor: AUM Construction, Inc. 6011 Rodman Street, Suite 208 Hollywood, Florida 33023 E-mail: osmanv@auminc.us 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. 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 hereof. 8.7 No Waiver. City'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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 19 TAM�AR_`C The City For Your Life Tamarac and Contracts Division of any subsequent breach, nor shall it be construed to be a modification of the terms of this Contract. 8.8 Severability. In the event 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. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL SHALL BE LIABLE FOR THE REASONABLE ATTORNEYS' FEES AND COSTS OF THE OTHER PARTY IN CONTESTING THE REQUEST 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. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by Contractor and the Board or another person to whom appropriate authority has been delegated or who is otherwise authorized to execute same. 8.11 Prior Contracts. The Contract is the final and complete understanding of the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations and discussions regarding that subject matter. There is no commitment, agreement or understanding concerning the subject matter of this Contract that is not contained in this Contract or the Contract Documents. 8.12 Compliance with Laws. Contractor must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, the Americans with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations in the course of providing any services funded by City. 8.13 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 23-09B Fire Station No, 15 Pre-Emption Emergency Vehicle Signal System 20 TAMARAC The City For Your Life City of Tamarac and Contracts Division 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 County 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 conclusion 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. 8.14 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," "hereof," "hereunder," and "hereinafter" 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 all of the subsections of such section, 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. 8.15 Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 8.16 Polystyrene Food Service Articles. Broward County prohibits the use or sale of expanded polystyrene products (e.g. Styrofoam) or single use plastic beverage straws or stirrers on County property as set forth in Section 27.173, Broward County Administrative Code. (The remainder of this page is intentionally left blank.) 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 21 TAMARA�C The City For Your Life City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the Parties hereto have made and executed this Contract: CITY OF Pr , through its City Commission, signing by andhrough its Mayor or Vice -Mayor, authorized to execute same by City Commission action on the 073 day of h(GruS j , 20;3, and Contractor, signing by and through its duly authorized to execute same. ATTEST: CITY CLERK .OF TAM ESTABLISHED ; O �• 1963 SEAL Co U N IIIIttI1111 \0 CITY By.Ywlff�t or � Michele Gomez, MAYOR If Michelle Gomez Print Name 0034 day of S' , 20a3 By: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 22 5ucuogiu, (-ity manager Levent Sucuoglu I HEREBY C ERTI Fy that I have approved this s to form and legal s ficie bj ct to execution by the parties: inoft, City Attorney TAMARAC The City For Your Life Tamarac and Contracts Division CONTRACT BETWEEN CITY OF TAMARAC AND AUM CONSTRUCTION, INC. FOR FIRE STATION 15 PRE-EMPTION EMERGENCY VEHICLE SIGNAL SYSTEM BID/CONTRACT NO.: 23-09B [If incorporated sign below.] ATTEST: �t Secretary `JyQ''% /` ' ArctC�•! (Print/Type Name) (Corporate Seal) [If not incorporated sign below.] n__a-. —4-- WITNESSES: (Signature) (Print/Type Name) 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System Contractor 23 AUM CONSTRUCTION, INC. (Name of Corporation) ice President (Print/Type Name) ZSday of 7�y , 20 23. (Business Name) in (Signature) (Print/Type Name and Title) TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division (Signature) (Print/Type Name) 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 24 day of 120 City of Tamarac TAMARAC The City For Your Life CONTRACT SUPPLEMENT 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 25 Purchasing and Contracts Division City of Tamarac TAMARAC The City For Your Life GENERAL CONDITIONS ARTICLE 1 CONTRACT DOCUMENTS and Contracts Division 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 City at the cost of reproduction. ARTICLE 2 INTENTION OF CITY City 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. City 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 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 26 City of Tamarac TAMARAC The City For Your Life ❑ Modified Critical Path Method ("CPM") /1 ❑ Computerized CPM Purchasing and Contracts Division (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. Such prices will include a breakdown of labor, equipment, materials, and an appropriate amount of overhead and profit applicable to each item of Work, which amounts Contractor must confirm in writing at the time of submission. 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 City 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 from 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 City or Consultant of the means or methods of construction or 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 27 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division of the sequencing or scheduling of the Work. Such acceptance will neither impose on Consultant or City responsibility for the progress 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 City 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. 4.2. Each Bond shall continue in effect for one (1) year after Final Completion and acceptance of the Work with liability equal to one hundred percent (100%) of the Contract Price, or an additional bond provided to ensure that Contractor will, upon notification by City, correct any defective or faulty work or materials that appear within one (1) year after Final Completion of this Contract. 4.3. 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 City with evidence of such recording. 4.4. 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 City and for same purpose, and shall be subject to the same conditions as those applicable above, and shall be held by City 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 $500,000.00: 5.1.2. 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. 5.1.3. 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, 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAB AC The City For Your Life Tamarac Purchasina and Contracts Division Treasury Circular 297, Revised (31 C.F.R. §§ 223.10, 223.11). Further, the surety company shall provide City with evidence satisfactory to City that such excess risk has been protected in an acceptable manner. 5.1.4. A surety company that is rejected by City maybe substituted by the Bidder or proposer with a surety company acceptable to City, but only if the bid amount does not increase. 5.1.5. 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 A.M. 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 $500,000.00, City 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 City 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 employed or utilized by Contractor in the performance of this Contract. To the extent considered necessary by Contract Administrator and City Attorney, any sums due Contractor under this Contract may be retained by City until all of City'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 City. These indemnifications shall survive the term of this Contract. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System M Tamarac TAMARAC The City For Your Life ARTICLE 7 INSURANCE REQUIREMENTS and Contracts Division 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 "City" shall include City 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 minimum insurance requirements stated in Exhibit [1], City shall be entitled to any such broader coverage and higher limits maintained by Contractor. City reserves the right at any time to review and adjust the limits and types of coverage required under this article. Contractor shall add City and "Broward County" as an additional insured on all insurance coverage required by the Contract Documents. 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 City as an additional insured, and shall not require contribution from any City insurance, self-insurance or otherwise. All insurance held by City, as well as City's self-insurance, shall be in excess of and shall not contribute to the 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 City, 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. Contractor shall ensure that all required insurance policies are issued by insurers: (1) assigned an A. M. 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 City'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 City, at least fifteen (15) days prior to the effective date of the Contract or commencement of the Work for City'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 City. City may, at any time, require Contractor to purchase coverage with a lower retention or provide proof of 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 30 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division named insured or City, if so elected by City, 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 that 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. City, 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 (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. City 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 City in the manner which would result from the attachment of the NCCI form "Waiver of our Right to Recover from Others Endorsement" (Advisory Form WC 00 03 13) with City scheduled thereon. Where appropriate, coverage shall be included for any applicable Federal or State employer's liability laws including, but not limited to, the Federal Employer's Liability Act, the Jones Act, and the Longshoreman and Harbor Workers' Compensation Act. In the event that 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 31 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division In addition, and notwithstanding the foregoing, in order to adequately protect City against injuries to uninsured employees of Subcontractors and non -enrolled employees of Contractor, Contractor must still procure, maintain, and furnish City 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 Liability 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, orTechnologV 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 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 City 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 (5%) of the "values at risk at the time of loss" unless otherwise approved by City. 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 City. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 32 City of Tamarac TAMARAC The City For Your Life and Contracts Division 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 City. City 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 City 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 City, at City's discretion. Such modification may also include execution of Waiver of Subrogation documentation. In the event that a claim with respect to this Project is made upon City'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 City 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 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 City 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 City with a copy of its updated Certificates of Insurance evidencing continuation of the required coverage(s). Contractor shall ensure that there is no lapse of coverage at any time during the time period for which coverage is required by this article. 7.9. If and to the extent requested by City, Contractor shall provide to City complete, certified copies of all required insurance policies and all required endorsements within thirty (30) days after City's request. 7.10. Contractor shall ensure that "City of Tamarac, Florida, 7525 NW 88th Avenue, 33321," and "Broward County," and Consultant are listed as additional insureds on all policies required under this article. City shall be listed as Certificate Holder. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 33 TAMARAC The City For Your Life City of Tamarac and Contracts Division 7.11. Contractor shall require each Subcontractor to maintain insurance coverage that adequately covers the Services 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 "City of Tamarac, Florida," "Broward County," and Consultant are named as additional insureds under the Subcontractors' applicable insurance policies. In the event Contractor or any Subcontractor fails to maintain the insurance required by the Contract Documents, City 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 services under the Contract unless and until the requirements of this section are satisfied. If requested by City, 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 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. 23-09B Fire Station No. 95 Pre-Emption Emergency Vehicle Signal System 34 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 permits and licenses required by federal, state, or local laws, rules, and regulations necessary for the Work. 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. Contractor shall pay all impact fees levied by any municipality. Contractor shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to Contractor shall not include profit or overhead of Contractor. 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 or furnished, under or by reason of the 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 from 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 from 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, 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. In the event 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 23-098 Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 3-1 TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division 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 City 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, any laws, ordinances, or any public authority 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 City, 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, City 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. 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. City'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. 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 310 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 City, 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 City 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. ARTICLE 15 CITY'S RIGHT TO TERMINATE CONTRACT 15.1. The Contract Administrator 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; 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 37 TAM�ARAC The City For Your Life Tamarac Purchasing and Contracts Division 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 City'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, City 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 City, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In the event the damages and expenses so incurred by City shall exceed the unpaid balance, Contractor shall be liable and shall pay to City the amount of said excess. 15.3. If City erroneously, improperly, or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience and the rights and obligations of City 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 City 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 City's right to terminate this Agreement for convenience in the form of City'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 City all data, drawings, specifications, reports, 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division 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 City Commission: 15.6.1. Upon the disqualification of Contractor as a Broward County 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. 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 Broward County's Director of the OESBD 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 Broward County's Director of the OESBD if such CBE or SBE participant attempted to meet its CBE or SBE contractual obligations through fraud, misrepresentation, or material misstatement; 15.6.5. If Contractor is determined by Broward County's Director of the OESBD 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 Section 215.473, Florida Statutes, if Contractor of placed on a "discriminatory vendor list" pursuant to Section 287.134, Florida Statutes, or if Contractor 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 City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements except as Contractor and City may otherwise agree in writing. Suspension of Work by Contractor during any dispute or disagreement with City shall entitle City 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 39 TAMARAC The City For Your life City of Tamarac and Contracts Division normal business hours. Audits and inspections pursuant to this article may be performed by any representative of City or Broward County (including any outside representative engaged by either entity). City and Broward County may conduct audits or inspections at any time during the term of this Contract and for a period of three years after the expiration or termination of this Contract (or longer if required by law). City and Broward 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 City and Broward County shall have the right to audit, review, examine, inspect, analyze, and make copies of all Contract Records at a location within Broward County. City and Broward County may conduct such audit or review at Contractor's place of business, if deemed appropriate by City or Broward County, with seventy-two (72) hours' advance notice. Contractor agrees to provide adequate and appropriate work space for such review. Contractor shall provide City and Broward County with reasonable access to Contractor's facilities, and City and Broward 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, 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 Subconsultants, or otherwise necessary to adequately permit evaluation and verification of any or all of the following: a) Compliance with Contract b) Compliance with City'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 City, in order to facilitate efficient use of City 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 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division 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.) 17.3 Contractor shall, by written contract, require its Subcontractors to agree to the requirements and obligations of this article. 17.4 Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for City'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 City of any nature by Contractor or its Subcontractors in excess of five percent (5%) of the total contract billings reviewed, the reasonable actual cost of the audit conducted by City, Broward County, or the Independent Transportation Surtax Oversight Board shall be reimbursed by Contractor to City or Broward County (as applicable), along with any required adjustments for the overpricing or overcharges. Any adjustments or payments due as a result of any such audit or inspection shall be made within a reasonable amount of time (not to exceed thirty (30) days) from presentation of the audit findings to Contractor. ARTICLE 18 RIGHTS OF VARIOUS INTERESTS Whenever work being done by City'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. 23-098 Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 41 Tamarac TAMARAC The City For Your Life ARTICLE 19 EXPLOSIVES and Contracts Division 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 City 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 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 City, 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 23-09B Fire Station No, 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 City, 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. In the event any such Materials, equipment or supplies are lost, stolen, damaged, or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City, except as provided in Article 30. ARTICLE 24 WARRANTY Contractor warrants to City 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 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, City 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division incurred by City in making such removals, corrections, or repairs, shall, at City'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, City 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 City, shall promptly correct such defective or nonconforming Work within the time specified by City, without cost to City. 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 City to final acceptance. ARTICLE 27 TAXES Contractor shall pay all applicable sales, consumer, use, and other taxes required by 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 law. Contractor shall notify the Contract Administrator and Consultant of any change in Subcontractors. 28.2. Contractor shall not employ any Subcontractor against whom City 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 City or any obligation on the part of City to pay or to see the payment of any monies due any Subcontractor. City 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 City. 28.5. ® Contractor shall perform the Work with its own organization, amounting to not less than 100% percent of the Contract Price. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 44 TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division ARTICLE 29 SEPARATE CONTRACTS 29.1. City has the right to enter into contracts with other parties in connection with this Project. Contractor shall afford such other parties reasonable opportunity forthe 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. Should such interference or impact occur, Contractor shall indemnify City 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. City 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 increases 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 City. 30.2. In the event City decides to take possession of any completed or partially completed portions of the Project, the following shall occur: 30.2.1. City shall give notice to Contractor in writing at least thirty (30) days prior to City'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, City will assume full responsibility for maintenance, utilities, subsequent damages of City and public, adjustment of insurance coverages, and start of warranty for the Designated Area. 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 City 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 City 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 insurance company or companies to such occupancy or use shall not be unreasonably withheld. ARTICLE 31 LANDS OF WORK 31.1. City 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 City for the use of Contractor. 31.2. Contractor shall obtain, at Contractor's own expense and without liability to City, 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 City 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 laws, regulations, or ordinances 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, City 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 46 TAMARAC The City For Your Life City of Tamarac and Contracts Division 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. 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. City reserves the right to remedy such damage by making such repairs or causing such repairs to be made at the expense of Contractor. City'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 City and shall be processed as a deductive Change Order. City 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 CITY FOR TESTS Except when otherwise specified in this Contract, the expense of all tests requested by Consultant shall be borne by City and performed by a testing firm chosen by Consultant. For road construction projects, the procedure for making tests required by Consultant will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. Contractor is responsible for the cost of any required test in which the tested Work fails. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 47 City of Tamarac TAMARAC The City For Your Life ARTICLE 36 CHANGE IN THE WORK OR TERMS OF CONTRACT and Contracts Division 36.1. Without invalidating this Contract and without notice to any surety, City 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 City 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. 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 City, 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 City'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 until a Change Order setting forth the adjustments is approved by City. Upon receipt of a Change Order, Contractor shall promptly proceed with the Work set forth in the Change Order. 38.3. In the event 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, City may, at its sole option, either terminate this Contract as it applies to the items in question and make such arrangements as City 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 City, Change Orders may be issued unilaterally by City. During the pendency of the dispute, and upon receipt of a Change Order from City, 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 1 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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. 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 City 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 City 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 in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by City, 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 City 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 City. 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 City deposits funds with Contractor to make payments, in which case the cash discounts shall accrue to City. All trade discounts, rebates and refunds, and all returns from sale of surplus 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 49 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division materials and equipment shall accrue to City, and Contractor shall make 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 City 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. City 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 Payments made by Contractor to Subcontractors for work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor, and shall deliver such bids to City 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 the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as Contractor's cost of the 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 the 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 50 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division referred to in subsection 39.2.1, 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 City 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. 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 51 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 the 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 from 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. 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 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 City, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 52 City of Tamarac TAMARAC The City For Your Life ARTICLE 41 NO DAMAGES FOR DELAY Purchasing and Contracts Division No claim for damages or any claim, other than for an extension of time, shall be made or asserted against City 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 City 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 City or its Consultant. ARTICLE 42 EXCUSABLE DELAY; COMPENSABLE; NON-COMPENSABLE 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 City 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. City 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 53 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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) is caused by circumstances beyond the control of City or Consultant; or (iii) is caused jointly or concurrently by Contractor or its Subcontractors, suppliers or vendors and by City 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 City 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 City 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. ARTICLE 44 NO INTEREST 44.1 City shall not be liable to pay any interest to Contractor for any reason, whether as prejudgment interest or for any other purpose, and in furtherance thereof Contractor waives, rejects, disclaims and surrenders any and all entitlement it has or may have to receive interest in connection with a dispute or claim arising from, related to, or in connection with this Contract. This section shall not apply to any claim for interest, including for post -judgment interest, if such application would be contrary to applicable law. 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 City under this Contract, whether 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 54 TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division 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 City. 45.5 If the Shop Drawings show or indicate departures from the Contract requirements, Contractor shall specify such departures make specific mention thereof in its letter of transmittal to Consultant and City. 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 from 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 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 55 TAMARAC The City For Your Life City of Tamarac and Contracts Division 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 City Contractor's record drawings or as -built drawings acceptable to Consultant. 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System The City For Your Life City of Tamarac Purchasing and Contracts Division 47.2 Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders 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 City 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 City. ARTICLE 48 FINAL BILL OF MATERIALS Contractor shall be required to submit to City 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. ARTICLE 50 CLEANING UP; CITY'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, City may do so and the cost thereof shall be charged to Contractor. If a dispute arises between Contractor and separate contractors of City as to their responsibility for cleaning up, City 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 City, 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 City or Consultant has given notice of same. 23-09B Fire Station No, 15 Pre-Emption Emergency Vehicle Signal System 57 TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division 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 City has directed such suspension, will entitle Contractor to additional Contract Time as non- compensable, 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 City, shall promptly remove any part or all of Contractor's equipment and supplies from the property of City, failing which City 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 under Section 16%-157(c), Broward County Code of Ordinances, Contractor certifies and represents that it will comply with the provisions of Section 16%-157, Broward County Code of Ordinances, for the duration of this Contract, and the contract language referenced in Section 16%-157 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 City 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 from doing business with City. ARTICLE 54 EQUAL EMPLOYMENT OPPORTUNITY AND CBE/SBE COMPLIANCE 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 City 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 will meet 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 One Hundred percent (100%) of total Services under this Contract (the "Commitment"). 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 58 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division [USE FOLLOWING INSTEAD IF A CBE RESERVE PROJECT] The Parties acknowledge that this procurement is reserved solely for performance by CBE firms; therefore the CBE goal is one hundred percent (100%) of total Services under this Agreement (the "Commitment"). Contractor is a CBE firm and agrees that it will meet the Commitment by Contractor performing the Services without subcontracting, or by Contractor performing at least fifty percent (50%) of the Services and subcontracting the remainder to CBE firms listed in Exhibit _ (or CBE firms substituted or approved in accordance with the terms of this Agreement). —DOES NOT APPLY TO THIS PROJECT. [USE FOLLOWING INSTEAD IF A SBE RESERVE PROJECT AND MODIFY REMAINDER OF ARTICLE 54 ACCORDINGLY] The Parties acknowledge that this procurement is reserved solely for performance by an SBE firm; therefore, the SBE goal is one hundred percent (100%) of total Services under this Agreement (the "Commitment"). Contractor is an SBE firm and agrees that it will meet the Commitment by Contractor performing the Services without subcontracting, or by Contractor performing at least fifty percent (50%) of the Services and subcontracting the remainder to SBE firms listed in Exhibit (or SBE firms substituted or approved in accordance with the terms of this Agreement). —DOES NOT APPLY TO THIS PROJECT. 54.4 In performing the Services, Contractor shall utilize the CBE or SBE firms listed in Exhibit _ for the scope of work and the percentage of work amounts identified on each Letter of Intent. Promptly upon execution of this Contract by City, Contractor shall enter into formal contracts with the CBE or SBE firms listed in Exhibit _ and, upon request, shall provide copies of the contracts to the Contract Administrator and OESBD. 54.5 Each CBE or SBE firm utilized by Contractor to meet the CBE or SBE goal must be certified by OESBD. Contractor shall inform City 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 in the event 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. 54.6 The Parties stipulate that if Contractor fails to meet the Commitment, the damages to City arising from such failure are not readily ascertainable at the time of contracting. If Contractor fails to meet the Commitment and Broward County determines, in the sole discretion of the OESBD Program Director, that Contractor failed to make Good Faith Efforts (as defined in Section 1-81, Broward County Code of Ordinances) to meet the Commitment, Contractor shall pay City 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 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 59 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division (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 City, such liquidated damages amount shall be either credited against any amounts due from City or must be paid to City within thirty (30) days after written demand. These liquidated damages shall be City's sole contractual remedy for Contractor's breach of the Commitment but shall not affect the availability of administrative remedies under Section 1-81. Any failure to meet the Commitment attributable solely to force majeure, changes to the scope of work by City, 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. 54.7 Contractor acknowledges that OESBD 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 City in writing if Contractor concludes that the modification exceeds the authority under this section. Failure of Contractor to timely notify City of its conclusion that the modification exceeds such authority shall be deemed acceptance of the modification by Contractor. 54.8 OESBD may modify the Commitment in connection with any amendment, extension, modification, change order, or Work Authorization to this Contract that, by itself or aggregated with previous amendments, extensions, modifications, change orders, or Work Authorizations, 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, change order, or Work Authorization, and shall report such efforts, along with evidence thereof, to OESBD. 54.9 Contractor shall provide written monthly reports to the Contract Administrator and to the Director of OESBD attesting to Contractor's compliance with the Commitment. In addition, Contractor shall allow City and OESBD to engage in onsite reviews to monitor Contractor's progress in achieving and maintaining Contractor's contractual and CBE or SBE obligations. The Contract Administrator or OESBD shall perform such review and monitoring. 54.10 The Contract Administrator may increase allowable retainage or 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 City or its representatives from inquiring into allegations of nonpayment. ARTICLE 55 PUBLIC RECORDS To the extent Contactor is acting on behalf of City as provided in Section 119.0701, Florida Statutes, Contactor shall: 55.1.1 Keep and maintain public records required by City to perform the services under this Contract; 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 60 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 55.1.2 Upon request from City, provide City 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 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 law for the duration of this Contract and following completion or termination of this Contract if the records are not transferred to City; and 55.1.4 Upon completion or termination of this Contract, transfer to City, at no cost, all public records in possession of Contractor or keep and maintain public records required by City to perform the services. If Contactor transfers the records to City, Contactor shall destroy any duplicate public records that are exempt or confidential and exempt. If Contactor keeps and maintains public records, Contactor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to City upon request in a format that is compatible with the information technology systems of City. The failure of Contactor to comply with the provisions of this article shall constitute a material breach of this Contract entitling City 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 City, who will be responsible for responding to any such public records requests. Contactor will provide any requested records to City to enable City to respond to the public records request. Any material submitted to City that Contactor 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, Contactor 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 812.081 and stating the factual basis for same. In the event a third party submits a request to City for records designated by Contactor as Trade Secret Materials, City shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Contactor. Contactor shall indemnify and defend City 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 (954) 597-3505, CITYCLERK@TAMARAC.ORG or 7525 NW 88T" Avenue, Tamarac, Florida 33321. 23-09B Fire Station No, 15 Pre-Emption Emergency Vehicle Signal System 61 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division SUPPLEMENTAL GENERAL CONDITIONS 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 62 T.10 � C The City For Your Life City of Tamarac Purchasing and Contracts Division SUPPLEMENTAL WAGE REQUIREMENTS 1. ® 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 City Manager for final determination, which shall be binding. 1.4. In the event 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 City for any all costs incurred by City 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" (007500-8) attesting to compliance with the Prevailing Wage Ordinance, Section 26- 5 of the Broward County of Ordinances, as amended. 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. 23-09B Fire Station No, 15 Pre-Emptlon Emergency Vehicle Signal System 63 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 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: 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. 2.2. 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] 23-09B Fire Station No, 15 Pre-Emption Emergency Vehicle Signal System 64 City of Tamarac Project Name: Project Number ABC The City For Your Life Purchasing and Contracts Division FORM 1: PERFORMANCE BOND 1«Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project 23-09B / Broward County MAP # TAMA 014 BY THIS BOND, We located at phone and , as Principal, hereinafter called Contractor, and located at phone and as Surety, under the assigned Bond Number are bound to the City of , Florida ("City"), and Broward County, Florida, as dual Obligees (hereinafter jointly and severally referred to as "City/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 City, 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 City for construction of in the time and manner prescribed in the Contract; and 2) Pays City/County all losses, liquidated damages, expenses, costs and attorneys' fees including appellate proceedings, that City/County sustains as a result of default by Contractor under the Contract; and 3) Performs the guaranties of all work and materials furnished under the Contract for the time specified in the Contract, then THIS BOND IS VOID; OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and is declared by City/County to be, in default under the Contract, with City 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 City/County elects, upon determination by City/County and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City/County on the same terms and conditions as the Contract Documents unless otherwise agreed by City/County, and shall make available 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System 65 Q.�C The City For Your Life City of Tamarac Purchasing and Contracts Division 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 City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City/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 ATTEST: Corporate Secretary or other person authorized to attest rint Name' (CORPORATE SEAL OR NOTARY) IN THE PRESENCE OF: Signature (Print Name) Signature 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 20 CONTRACTOR Bv: Authorized Signor rint Name and Tit] day of 20 SURETY: Agent and Attorney -in -Fact (Print/Type Name) Address: (Street) 66 City of Tamarac 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life Purchasing and Contracts Division (City/State/Zip Code) Telephone No.: 67 City of Tamarac Project Name: Project Number TAMARAC The City For Your Life and Contracts Division FORM 2: PAYMENT BOND «Fire Station 15 Pre-Emption Emergency Vehicle Signal System Project 23-09B / Broward County MAP # TAMA 014' KNOW ALL BY THESE PRESENTS: That we as Principal (hereinafter called "Contractor"), located at phone and - as Surety, located at phone under the assigned Bond Number;'and pursuant to Section 255.05, Florida Statutes, are bound to the City of , Florida ("City") and Broward County, Florida (hereinafter jointly and severally referred to as "City/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 City 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 City/County all losses, damages, expenses, costs and attorneys' fees including appellate proceedings, that City/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, furnish to Contractor a notice that he or she intends to look to the bond for protection. 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 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 68 TAMAR1AC The City For Your Life City of Tamarac Purchasing and Contracts Division 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 20 ATTEST: Corporate Secretary or other person authorized to attest Print Name (CORPORATE SEAL OR NOTARY) IN THE PRESENCE OF: Signature (Print Name) Signature (Print Name) M By CONTRACTOR Authorized Signor rint Name and Title day of:1 SURETY: Agent and Attorney -in -Fact (Print/Type Name) Address: (City/State/Zip Code) Telephone No.: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 69 (Street)] TAMARAC The City For Your Life City of Tamarac 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 Q 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 his/her signature; that his/her 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 ' [Print Name of Principal/Contractor] (Corporate Seal) (Print Name) NOTARIZED CERTIFICATION UNDER OATH: STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of , by who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath, and acknowledged that he/she is authorized to execute the foregoing Performance and Payment Bond on behalf of Contractor named therein in favor of City/County. Subscribed and Sworn to before me this day of 20 My commission expires: Notary Public, State of Florida at Large Bonded by 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 70 TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division FORM 4: FORM OF CERTIFICATE AND AFFIDAVIT FOR BONDS $500,000.00 OR LESS TO: CITY OF RE: BID NUMBER: Project: BIDDER: above: Name:' Address: AMOUNT OF BOND: SURETY BOND COMPANY: Name: Address: Phone: This is to certify that, in accordance with Section 287.0935, Florida Statutes, the insurer named (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) (continued on next page) 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System Agent and Attorney -in -Fact 71 TAMARAC The City For Your Life City of Tamarac AFFIDAVIT STATE OF' — )SS. COUNTY OF ) and Contracts Division The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of by who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath. WITNESS my hand and official seal, this day of , 20 (NOTARY SEAL) My commission expires: 23-09B Fire Station No 15 Pre-Emption Emergency Vehicle Signal System (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (Title or rank) (Serial number, if any) 72 TAMARAC The City For Your Life Tamarac and Contracts Division FORM 5: UNCONDITIONAL LETTER OF CREDIT (PERFORMANCE AND PAYMENT GUARANTY) FORM UNCONDITIONAL LETTER OF CREDIT Beneficiary: City of Florida City Manager Florida We hereby authorize you to draw on Date of Issue Issuing Bank's No. Applicant: Amount: (in United States Funds) Expiry: (Date) Bid/Contract Number 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 $ I available by your drafts at sight, accompanied by: A signed statement from the City Manager of the City of , Florida, or the City 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 City 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 City 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 City 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 any way 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 73 TAMARAC The City For Your Life Tamarac and Contracts Division Obligations under this Letter of Credit shall be released one (1) year after the final completion of the Project by the (Contractor, Applicant, Customer) 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System Authorized Signature 74 City of Tamarac O Z r- 2 0 0-1 O a W Z O N_ J_ H D w m J Z M -ram-MARA c The City For Your Life Purchasing and Contracts Division FORM 6: MONTHLY (CBE/SBE) UTILIZATION REPORT L- a. x d E - O � Al _C O � I: C W LL 0 Q O o d a I-- C O R O U O L v O 4t d C N � v M U +r w d w C 'o E c O L C O U d d U 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System Z O �,.. W 42 a. J Ly Ii > Ow LL Z — w 09 Z � �m 0 Z O� V z m Z D❑ YJ W 0 r a G 0 E a 'o ai ca A w V Y- ov r O 0 Eo 0 ti U a > y C Q C7 cc V e0 a` c O 3 0 n .yv 6 q V L Q m c V d 7 y m V M CD 0 0 N E O LL W V C f3 G E O tU 0 m w O 75 City of Tamarac IN- Li O a w z O N_ J D LU m U J Q z_ I a le TAMARAC The City For Your Life Purchasing and Contracts Division FORM 7: FINAL (CBE/SBE) UTILIZATION REPORT d E a. O X a E Q d � O E o a cm N c E 0 c w U UJ O w O 0 0 U o a`. 0- 0 Q U fC w C O U c O a 0 c U O U � k C7 0 w, Q a.- � U U i c o E c O C O U a a. U 23-098 Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System z oz Z � w Q(L 20 w Ow L O zU) —w Ur z z� �m U� Q� o za O� U� mZ �0 (/) w V H 0 W H m w m 0 r- H 10 a m .. A C O 7 O E a a A O a m �a � N � a� f o Y " � oE O m U m � a�m a m mm Aa` C 0 x s 3 0 0 a `u N m a a 0 0 a W m u d 0 Z 76 TA�ARA C The City For Your Life City of Tamarac Purchasing and Contracts Division FORM 8A: STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE) No., Contract No. Project Title 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 ) ) SS. COUNTY OF:: ) The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of , by who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath. WITNESS my hand and official seal, this: -day of 20 (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (Title or rank) (Serial number, if any) My commission expires: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life Tamarac Purchasing and Contracts Division FORM 813: STATEMENT OF COMPLIANCE (DAVIS-BACON ACT) No. Contract No. [ Project Title 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 ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of by who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath. WITNESS my hand and official seal, this day of , 20 (NOTARY SEAL) My commission expires: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System (Signature of person taking acknowledgment) (Print Name of officer taking acknowledgment) (Title or rank) (Serial number, if any) 78 TAMARAC The City For Your Life Tamarac and Contracts Division FORM 9: CERTIFICATION OF PAYMENTS TO SUBCONTRACTORS Contract No. Project Title 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 Amount in Invoice Dispute Dated I 20r STATE OF ) ) SS. COUNTY OF ) Contractor By (Signature) By (Name and Title) The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of , by who is personally known to me or who has produced _as identification and who ❑ did ❑ did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System SEAL My commission expires: 79 Tamarac TAMARAC The City For Your Life FORM 10: CERTIFICATE OF SUBSTANTIAL COMPLETION Contract No. Project (Name and Address): To (City): . Consultant: Contractor: Notice to Proceed Date: Consultant: Date of Issuance: Project or Designated Portion Shall Include: and Contracts Division 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: Unless otherwise defined in the contract, the definition of date of Substantial Completion is 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 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 Consultant and approved by City 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. Consultant ByDate In accordance with the terms of the Contract, Contractor will complete or correct the work on the list of items attached hereto within from the above date of Substantial Completion. i 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Contractor By Date City, through the City Manager, has determined the Work or portion thereof designated by City is substantially complete and will assume full possession thereof at (time) on (date CITY OF By City Manager Date The responsibilities of City and Contractor for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 81 TAMARAC The City For Your Life Tamarac FORM 11: FINAL CERTIFICATE OF PAYMENT Contract No. Project (Name and Address): To (City): Consultant:' Contractor:' Notice to Proceed Date: Consultant: Date of Issuance: Purchasing and Contracts Division 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. Consultant ByDate City, through its City Manager, accepts the work as fully complete and will assume full possession thereof at on (time) (date) CITY OF 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System By City Manager Date 82 City of Tamarac TAMARAC The City For Your Life FORM 12: FORM OF FINAL RECEIPT Purchasing and Contracts Division [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of �, 26, from the City 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 City of from all liens and claims whatsoever arising out of the Contract and 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 City 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.] CONTRACTOR ATTEST: Corporate Secretary or other person authorized to attest (CORPORATE SEAL OR NOTARY) 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 83 CONTRACTOR NAME By: Authorized Signor Print Name and Title day of 20 TAMARAC The City For Your life City of Tamarac [If not incorporated sign below.] CONTRACTOR WITNESSES: Witness signature Print/Type Name Witness signature Print/Type Name 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 84 Purchasing and Contracts Division Business Name By: Authorized Signor Print/Type Name and Title day of 20 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 the County 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 County's 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 the City 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 THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND CORRECT. The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of , by who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath. Notary Public: (Signature) (Seal) (Print Name) Commission No: Expires:__' State of at Large 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 85 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division LETTER OF INTENT (CBE/SBE) To Utilize a County Business Enterprise (CBE) or Small Business Enterprise (SBE) Subcontractor/Subconsultant Project Name: aProject_Name» Project Number: (<Project_Number>) From (Name of Proposer/Bidder): Firm Address:'. Project Description: In response to the City of 's RLI/Bid No. the undersigned hereby agree to utilize the CBE or SBE firm listed below, if awarded the contract. The undersigned further certify that the firm has been contacted and properly apprised of the projected work assignment(s) upon execution of the contract with the City of Name of CBE/SBE Firm: Address of CBE/SBE Firm: Expiration of CBE/SBE Certification: Projected CBE/SBE Work Assignment (description of work assignment): Projected Percentage of Prime's Contract Fees to be Awarded to CBE/SBE (Percentage (Signature of Owner or Authorized Rep. Prime) Print Name (owner or authorized Rep. Prime) (Date) The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of by who is personally known to me or who has produced _as identification and who ❑ did ❑ did not take an oath. Notary's Signature Notary Seal: (ACKNOWLEDGEMENT BY THE PROPOSED CBE/SBE FIRM) The undersigned intends to perform work in connection with the above Contract as (check one) - an individual a partnership — a corporation a joint venture. The undersigned agrees with the prime contractor's/consultant's proposal and further certifies that all information provided herein is true and correct. (Signature of Owner or Authorized Rep. CBE/SBE) (Date) Print Name (owner or authorized Rep. CBE/SBE): The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, day of , by who is personally known to me or who has produced as identification and who ❑ did ❑ did not take an oath. Notary's Signature: Notary Seal: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 86 TAMARAC The City For Your Life Tamarac STATEMENT OF CBE/SBE ASSURANCE (Company Letterhead) CONTRACTOR ASSURANCE STATEMENT PROJECT DESCRIPTION Purchasing and Contracts Division 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 City of and (your company) for Project, and to comply with the following requirements. 1. Compliance with the City'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: 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 87 City of Tamarac Ai �C The City For Your Life EXHIBIT 1 INSURANCE REQUIREMENTS Purchasing and Contracts Division 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 prior to 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 - $1 M/$2M • Automobile— $1 M/$1 M • Workers Comp — Statutory • Contractors pollution liability - $1 M/$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. 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. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 83 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division EXHIBIT 2 CBE / SBE UTILIZATION REQUIREMENTS AUM CONSTRUCTION, INC., IS A COUNTY BUSINESS ENTERPRISE, CERTIFIED BY BROWARD COUNTY OFFICE OF ECONOMIC and SMALL BUSINESS DEVELOPMENT (OESBD). AUM CONSTRUCTION, INC., WILL BE SELF PERFORMING 100% OF THE PROJECT. 23-09B Fire Station No. 15 Pre-Emption Emergency Vehicle Signal System 89