HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-144Temporary Resolution #11708
October 12, 2009
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009- 4//
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING AN
AGREEMENT BETWEEN THE CITY AND ACAI
ASSOCIATES, INC. FOR THE SPECIFICATION
WRITER AND ADMINISTRATOR OF COMMUNITY
DEVELOPMENT — HOUSING REHABILITATION
PROGRAMS; AUTHORIZING AND DIRECTING THE
APPROPRIATE CITY OFFICIALS TO TAKE ANY AND
ALL ACTION NECESSARY TO EFFECTUATE THE
INTENT OF THIS RESOLUTION; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about July 27, 2009, the City of Tamarac ("City") issued
Request for Proposals No. 09-12B in an effort to procure a specification writer and
administrator for Community Development — Housing Rehabilitation Programs, a copy
is attached hereto as Exhibit "A" and incorporated herein; and
WHEREAS, the City received several bids in response to RFP. No. 09-1213,
including a bid from ACAI Associates, Inc. ("ACAI"), a copy of ACAI's bid is attached
hereto as Exhibit "B" and incorporated herein; and
WHEREAS, after reviewing the bids received, City Staff has determined that
ACAI is the lowest responsive and responsible bidder; and
WHEREAS, City Staff recommends that the City Commission award the contract
pursuant to RFP No.09-1213 to ACAI; and
WHEREAS, the City Commission has reviewed the bids submitted and
considered the recommendations of City Staff, and finds that awarding a contract to
Temporary Resolution #11708
October 12, 2009
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ACAI is in the best interests of the citizens and residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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.
SECTION 2: That the City Commission hereby approves the agreement
between the City and ACAI Associates, Inc. for a specification writer and administrator
for Community Development — Housing Rehabilitation, attached hereto as Exhibit "C"
and incorporated herein.
SECTION 3: All appropriate City officials are hereby authorized and
directed to take any and all action necessary to effectuate the intent of this resolution. .
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or
applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
I
r-,
u
Temporary Resolution #11708
October 12, 2009
Page 3of3
PASSED AND ADOPTED BY THE ITY OMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS 2 DAY C . � �� , 2009.
CITY OF TAMARAC, FLORIDA
8 � � ( ; dz�241&4 � � --t
BETH TALABISCO,"MAYCO
ATTEST:
RECORD OF COMMISSION VOTE:
fMARION SWEiNSON, CM MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD f
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
11till-L-
A UE GOREN
CITY ATTORNEY
u
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
INVITATION TO BID
BID NO. 09-12B
SPECIFICATION WRITER &
ADMINISTRATOR FOR COMMUNITY
DEVELOPMENT- HOUSING
REHABILITATIONS
J U LY 27, 2009
City of Tamarac
Purchasing Division
7525 NW 88th Avenue
Room 108
(954) 597-3570
On Behalf of the
Community Development Department
Housing Division
7525 NW 88th Avenue, Room 107
Tamarac, FL 33321
SUBMIT BID TO:
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW WH AVENUE
TAMARAC, FL 33321
954-597-3570
INVITATION FOR BID
Bidder Acknowledgement
BID NO. 09-12B
BID TITLE: SPECIFICATION WRITER & ADMINISTRATOR FOR TAMARAC HOUSING
REHABILITATION PROGRAMS
BID OPENING DATE/TIME: THURSDAY, AUGUST 20, 2009 - 3:OOPM EST
BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST, CPPB
BUYER PHONE: 954-597-3569
PRE -BID CONFERENCE: TUESDAY, AUGUST 11, 2009 - 9:30AM -Room 105
BONDING: Not Applicable
Bid Document Fee: $15.00
I GENERAL CONDITIONS I
These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City
of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by
indicating such change in the Instructions to Bidders, in the Special Conditions of the bid, or in the
Specifications/Statement of Work. Any and all Special Conditions that may vary from these general
conditions shall prevail over these General Conditions and any conflicting provision within any vendor's
standard terms and conditions regardless of any language in vendor's documentation to the contrary.
SEALED BIDS
This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall
contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form
may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those
bids that do not comply with these conditions may be deemed non -responsive.
BIDDER COMPANY NAME:
COMPANY ADDRESS:
COMPANY PHONE:
NAME OF AUTHORIZED AGENT:
TITLE OF AUTHORIZED AGENT:
AUTHORIZED AGENT EMAIL ADDRESS:
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER:
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and
without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as
an agent for the Bidder.
It is the intent of the City to award this bid to the lowest
responsible and responsive Bidder. The City reserves the
right to accept or reject any or all bids and to waive any
informality concerning the bids when such rejection or
waiver is deemed to be in the best interest of the City.
The City reserves the right to award the bid on a split
order basis, lump sum or individual item basis unless
otherwise stated, whichever is in the best interest of the
City.
This solicitation is issued pursuant to the City of Tamarac
Code, Chapter 6, "Finance & Taxation", Article V,
"Purchasing Procedures", Section 6-141 et seq.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made
to the City of Tamarac by all prospective Bidders including
but not limited to Request for Quotes, Request for Bids and
Request for Proposals. As such the words "bid" and
"proposal" are used interchangeably in reference to all
offers submitted by prospective Bidders.
1. SUBMISSION OF THE BID
The Bidder is directed to deliver sealed bids to the City of
Tamarac, Purchasing Division, 7525 N.W. 88th Avenue,
Room 108, Tamarac, Florida 33321, no later than the date
and time specified on the cover page of this solicitation
document. At this time the bids will be opened, the names
of all Bidders will be announced and all bids shall become a
matter of public record. All Bidders and their representatives
are invited to attend. The Bidder must show the bid number,
bid name, time and date of the bid opening on the outside
of the sealed bid package. Delivery of the sealed bids to the
Purchasing Office on or before the above date is solely and
strictly the responsibility of the Bidder. Late bids will be
returned unopened to the Bidder.
It is the Bidder's responsibility to read and understand the
requirements of this bid. Unless otherwise specified, the
Bidder must use the bid form furnished in the bid document.
The Bidder is requested to submit one (1) original and two
(2) copies of the bid. The original bid must be manually
and duly signed in ink by a Corporate Officer, Principal,
or Partner with the authority to bind the bidding
company or firm by his/her signature. All bid forms must
be typewritten or completed in ink. The Bidder must initial
any erasures or corrections in ink. All prices, terms and
conditions quoted in the submitted bid will be firm for
acceptance for ninety (90) days from the date of the bid
opening unless otherwise stated by the City.
The Bidder preparing a bid in response to this solicitation
shall bear all expenses associated with its preparation.
The Bidder shall prepare a bid with the understanding
that no claim for reimbursement shall be submitted to the
City for expenses related to its preparation.
2. BID DEPOSIT
When required on the cover page, a bid deposit or bid
surety bond in the amount specified shall accompany the
bid. Bid deposits shall be in the form of cash, certified
check or cashier's check, drawn on a responsible bank
doing business in the United States, and shall be made
payable to the City of Tamarac. In lieu of a bid deposit, a
bid surety provided by a firm licensed to business in
the State of Florida shall be provided to the City. Any
bid deposits will be returned to the Bidders at the time
of contract award. The bid deposit of the successful
vendor shall be returned upon receipt of acceptable
Performance and/or Payment bonds.
3. BONDING
When required by the specification herein, the
successful Bidder shall furnish a Performance and
Payment bond, and/or Warranty bond, as stated on the
cover page of this solicitation, on the City's forms, within
fifteen (15) calendar days after notification of contract
award. Failure to furnish the required bonds within the
time specified may be cause for rejection of the bid and
any bid deposit may be retained by the City as
liquidated damages and not as a penalty. Said sum
shall be a fair estimate of the amount of damages the
City would sustain due to Bidder's failure to furnish said
bonds.
4. WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the indicated
opening time. The request for withdrawal must be
submitted in writing to the Purchasing Office.
5. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the
convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the
construction or repair of a public building or public work,
may not submit bids on leases of real property to a
public entity, may not be awarded or perform worts as a
contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact
business with any public entity in excess of the
threshold amount provided in Section 287.017, for
Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
6. NON -COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -Collusive
Affidavit Form and submit this form with the
bid/proposal. The City considers the failure of the
Contractor to submit this document to be a major
irregularity, and may be cause for rejection of the
Proposal.
7. CONFLICT OF INTEREST
The award hereunder is subject to the provisions of
Chapter 112 of the State of Florida Statutes. Bidders
shall disclose the name of any officer, director, partner,
proprietor, associate or agent who is also a public officer
or employee of the City or any of its agencies.
8. QUANTITIES
Quantities shown are estimates only. No guarantee or
warranty is given or implied by the City as to the total
amount that may or may not be purchased from any
resulting contract. The City reserves the right to
decrease or increase quantities or add or delete any
item from the contract if it is determined that it best
serves the interests of the City.
marac Purrhas;Og and ConUacts Division
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9. PRICES, PAYMENTS AND DISCOUNTS
Bid prices shall be fixed and firm to the extent required
under Special Conditions.
In the absence of a reference in the Special Conditions, bid
prices shall be fixed and firm for a period of ninety (90)
calendar days. Payment will be made only after receipt and
acceptance of materials/services. Cash discounts may be
offered for prompt payment; however, such discounts shall
not be considered in determining the lowest net cost for bid
evaluation.
Bidders are encouraged to provide prompt payment terms
in the space provided on the Bid Form. If no payment
discount is offered, the Bidder should enter zero (0) for the
percentage discount to indicate net 30 days. If the Bidder
does not enter a percentage discount, it is understood and
agreed that the payment terms shall be 2% 10 days, net 30
days effective on the date that the City receives an accurate
invoice or accepts the product, whichever is the later date.
Payment is deemed made on the date of the mailing of the
check. All payments shall be governed by the Florida
Prompt Payment Act, F.S. Chapter 218.
10. DELIVERY
All items shall be delivered F.O.B. destination to a specific
City address. All delivery costs and charges must be
included in the bid price. The City reserves the right to
cancel orders or any part thereof, without obligation if
delivery is not made at the time specified in the bid.
11. MANUFACTURER'S NAME & APPROVED
EQUIVALENTS
Manufacturer's name, trade name, brand name information
and/or model/catalog numbers are used in these
specifications for information and establishment of a quality
level desired, and are not intended to restrict competition
unless otherwise specified in the bid. The Bidder may offer
any brand which meets or exceeds the specifications for
any item(s). If bids are based on equivalent products,
indicate on the bid form the manufacturer's name and
model/catalog number. Bidder shall submit complete
descriptive literature and/or specifications with the bid. The
burden of proof for specification compliance is solely on the
Bidder. The City reserves the right to be the sole judge of
what is equal and acceptable. Failure to provide this
information within three (3) business days of the City's
request may be grounds for bid disqualification. If Bidder
fails to name a substitute, it will be assumed that the Bidder
has submitted a bid which conforms in all aspects to the
requirements of the bid document, and that the Bidder
intends to furnish goods identical to the bid standard.
12. SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished free of
charge to the City. If a sample is requested it must be
delivered within seven days of the request unless otherwise
stated in the bid. Each sample must be marked with the
Bidder's name and manufacture's brand name. The City will
not be responsible for returning samples. The City may
request a full demonstration of any product or service
before the award of a contract. All demonstrations will be
done at the expense of the Bidder.
13. BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City may
conduct a background investigation including a criminal
record check of Bidder's officers and/or employees, by
the Broward County Sheriff's Office. Bidder's
submission of a bid constitutes acknowledgement of
and consent to such investigation. City shall be the sole
judge in determining Bidder's qualifications.
14. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in
conjunction with this bid shall be new, warranted for
their merchantability, fit for a particular purpose, free
from defects and consistent with industry standards.
The products shall be delivered to the City in excellent
condition. In the event that any of the products supplied
to the City are found to be defective or do not conform to
the specifications, the City reserves the right to return
the product to the Bidder at no cost to the City.
Successful Bidder shall furnish all guarantees and
warranties to the Project Manager prior to final
acceptance and payment. The warranty period shall
commence upon final acceptance of the product.
15. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing
or selling the goods shipped or ordered as a result of
this bid. The seller agrees to hold the City harmless from
all liability, loss or expense occasioned by any such
violation.
16. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the
City conform with all respects to the standards set forth
in the Occupational Safety and Health Act and its
amendments to any industry standards, if applicable.
17. PERFORMANCE
Failure on the part of the Bidder to comply with the
conditions, terms, specifications and requirements of the
bid shall be just cause for cancellation of the bid award.
The City may, by written notice to the Bidder, terminate
the contract for failure to perform. The date of
termination shall be stated in the notice. The City shall
be the sole judge of non-performance.
18. INSPECTION
The City shall have the right to inspect any materials,
components, equipment, supplies, services or
completed work specified herein. Any of said items not
complying with these specifications are subject to
rejection at the option of the City. Any items rejected
shall be removed from the premises of the City and/or
replaced at the entire expense of the successful vendor.
19. TERMINATION
a. DEFAULT
In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the
City for cause, should the Contractor neglect or fail to
perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such
%ity of Taman ac
neglect or failure shall continue for a period of thirty (30)
days after receipt by Contractor of written notice of such
neglect or failure.
b. TERMINATION FOR CONVENIENCE
The final Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in
which event the Contractor shall be paid its compensation
for services performed to termination date, including
services reasonably related to termination. In the event that
the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss
pertaining to this termination.
c. .FUNDING OUT
This agreement shall remain in full force and effect only as
long as the expenditures provided for in the Agreement
have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of
funding.
20. ASSIGNMENT
The Bidder shall not transfer or assign the performance
required by this bid without the prior written consent of the
City. Any award issued pursuant to this bid and monies that
may become due hereunder are not assignable except with
prior written approval of the City.
21. EMPLOYEES
Employees of the Bidder shall at all times be under its sole
direction and not an employee or agent of the City. The
Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an
employee it deems careless, incompetent, insubordinate or
otherwise objectionable. Bidder shall be responsible to the
City for the ads and omissions of all employees working
under its directions.
22. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the Contract, the
successful Offeror shall not discriminate against
any employee or applicant for employment
because of race, religion, color, gender, national
origin, sex, age, martial status, political
affiliation, familial status, sexual orientation, or
disability if qualified. The successful Offeror will
take affirmative action to ensure that employees
are treated during employment, without regard
to their race, religion, color, gender or national
origin, or disability. Such actions must include,
but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination;
rates of pay or other forms of compensation;
and selection of training, including
apprenticeship. The successful Offeror(s) shall
agree to post in conspicuous places, available to
employees and applicants for employment,
notices to be provided by the contracting officer
setting forth the provisions of this
nondiscrimination clause. The successful
Offeror further agrees that he/she will ensure
and Contracts Division
that Subcontractors, if any, will be made
aware of and will comply with this clause.
23. TAXES
The City of Tamarac is exempt from all Federal, State,
and Local taxes. An exemption certificate will be
provided where applicable upon request.
24. OMISSION OF DETAILS
Omission of any essential details from these
specifications will not relieve the Bidder of supplying
such product(s) as specified.
25. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and
services under this Agreement, comply with all federal,
state, and local laws and regulations now in effect, or
hereinafter enacted during the term of this agreement
that are applicable to Contractor, its employees, agents,
or subcontractors, if any, with respect to the work and
services described herein.
Bidder shall obtain at Bidder's expense all necessary
insurance in such form and amount as required by the
City's Risk & Safety Officer before beginning work under
this Agreement. Bidder shall maintain such insurance in
full force and effect during the life of this Agreement.
Bidder shall provide to the City's Purchasing Division
certificates of all insurance required under this section
prior to beginning any work under this Agreement.
Bidder shall indemnify and save the City harmless from
any damage resulting to it for failure of either Bidder or
any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of
insurance coverage, which the Bidder agrees to
maintain during the term of this contract:
Line of Business/ Occurrence Aggregate
Coverage
Commercial $1,000,000 $1,000,000
General Liability
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Workers' Statutory
Compensation
& Employer's
Liability
Builder's Risk Insurance is required in an amount not
less than the replacement cost for the construction of
the work. Coverage shall be "All Risk" coverage for one
hundred (100%) of the completed value.
City o ; arnaaac �'� Tchasing and Contracts Divisi�On
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The City reserves the right to require higher limits interpretations given by any City employee or its
depending upon the scope of work under this Agreement. representative.
Neither Bidder 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 Bidder 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 Bidder's liability insurance policies shall be endorsed to
add the City of Tamarac as an "additional insured". The
Bidder's Worker's Compensation carrier will provide a
Waiver of Subrogation to the City. The Bidder shall be
responsible for the payment of all deductibles and self -
insured retentions.
The City may require that the Bidder purchase a bond to
cover the full amount of the deductible or self -insured
retention. If the Bidder is to provide professional services
under this Agreement, the Bidder 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.
26. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of
Tamarac, its elected and appointed officials and employees
from any and all claims, suits, actions, damages, liability,
and expenses (including attomeys' fees) in connection with
loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused
by, resulting from, arising out of or occurring in connection
with the operations of the Bidder or his Subcontractors,
agents, officers, employees or independent contractors,
excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence
or willful misconduct of the City of Tamarac or its elected or
appointed officials and employees.
27. CLARIFICATION & ADDENDA
Where there appears to be variances or conflicts between
the General Terms and Conditions and the Special
Conditions and/or Detailed Specifications outlined in this
bid, the Special Conditions and/or the Detailed
Specifications shall prevail.
The Bidder shall examine all bid documents and shall judge
all matters relating to the adequacy and accuracy of such
documents. If, upon review, any material errors in
specifications are found, the Bidder shall contact the
Purchasing Office immediately. Any inquires, suggestions,
requests concerning clarification, or requests for additional
information shall be submitted in writing to the Purchasing
and Contracts Manager.
The City of Tamarac reserves the right to amend this bid
prior to the Bid opening date indicated by written addenda.
Written addenda shall serve as the sole means of
clarification. The City shall not be responsible for oral
28. BID TABULATION
Bidders may download the bid tabulation on-line at
hfti)://www.tamarac.oralcurrentsolicitations/bidresults
The City does not notify unsuccessful Bidders of
contract awards.
Pursuant to Florida Statute Chapter 119, Section 7(m),
sealed bids or proposals received by an agency
pursuant to invitations to bid or requests for proposals
are exempt from the provisions of subsection (1) and s.
24(a), Art. I of the State Constitution until such time as
the agency provides notice of a decision or intended
decision pursuant to F.S. §120.57(3xa), or within 10
days after bid/proposal opening, whichever is earlier.
29. RECORDS/AUDITS
The Contractor shall maintain during the term of the
contract all books, reports and records in accordance
with generally accepted accounting practices and
standards for records directly related to this contract.
The form of all records and reports shall be subject to
the approval of the City's Auditor. The Contractor
agrees to make available to the City's Auditor, during
normal business hours and in Broward, Dade or Palm
Beach Counties, all books of account, reports and
records relating to this contract for the duration of the
contract and retain them for a minimum period of one
(1) year beyond the last day or the contract term.
30. UNBALANCED BIDS
When a unit price bid has variable or estimated
quantities, and the bid shows evidence of unbalanced
bid pricing, such bid may be rejected.
UNIT PRICES
Where a discrepancy between unit price and total
price is indicated on a Bidder's submitted Schedule of
Bid Prices or Price Proposal Form, the unit prices
shall prevail.
City of Tamarac
INVITATION TO BID
BID NO. 09-12B
Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward
County, Florida, will be received in the Purchasing Office, Room 108, 7525 NW 88th Avenue,
Tamarac, Florida 33321-2401 until 3:00 PM, local time, August 20, 2009, at which time bids will
be publicly opened and announced for, Specification Preparer & Administrator for the Community
Development Department, Housing Division.
All bids received after the date and time stated above will be returned unopened to the Bidder. All
Bidders are invited to attend the opening.
Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening
deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original.
Bids shall be submitted on the official Bid Forms furnished within this bid package; and those
submitted otherwise will not be considered responsive. The submittal should be plainly marked
"SPECIFICATION WRITER & ADMINISTRATOR LIASION FOR COMMUNITY DEVELOPMENT -
HOUSING REHABILITATION PROGRAMS" on the outside of the envelope.
A Pre -Bid Conference will be held Tuesday, August 11, 9:30AM, located at 7525 NW 88th Ave,
Tamarac, Florida 33321, Room 105. All parties interested in bidding this project are highly
encouraged to attend this meeting. The City's Community Development Department, Housing
Division, administrates CDBG, HOME, SHIP and NSP Grant Programs for rehabilitation of eligible
local properties. Current program funds are estimated to cover the cost to rehab an estimated 100
properties annually with possible receipt of additional funds later in 2009, to rehab another 60-80.
The awarded firm shall be a Certified General, Certified Building Contractor or Licensed Structural
Engineering firm qualified to represent the City as the Specification Writer, Program Administrator
Liaison between the City, the property owner, and the Contractors that perform the actual rehab
work. The awarded firm shall prepare rehab specifications for each property under direction from
the Housing Division, within Grantor requirements, and City designated budget and administrative
guidelines. The awarded firm shall issue notification and conduct mandatory pre -quote meetings to
review the specifications at each property with eligible Contractors.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any
informalities, and to award in the best interest of the City of Tamarac. Bid documents will be
available for review and purchase for $15.00 in the Purchasing Office, Room 108. This fee is
payable by cash or check made out to the City of Tamarac. For non -technical inquiries, contact the
Purchasing Office at (954) 597-3570. For technical issues, direct questions in writing, to Angela
Bauldree, Housing Administrator, Fax (954) 597-3544, or via email to angelab(a-)_tamarac.org. Be
sure to include the Project Title and Bid Number on all correspondence.
Q A�40_, �Z4
James Nicotra, CPPB
Senior Procurement Specialist
Publish Sun Sentinel: Sunday, July 26 and Sunday, August 2, 2009
City of 7<?tt &ac
TABLE OF CONTENTS
Bid No. 09-12B
att£'z f)nlr,T..?cts Mlisi n
General Terms and Conditions2-6 - 6
Instructionsto Bidders...................................................................................................9 -10
SpecialConditions........................................................................................................11-12
SpecialProvisions........................................................................................................13-20
Bid Coversheet Checklist.................................................................................................. 21
Bid Form and Schedule of Bid Prices
......................................................SCH 22 - 28
Non -Collusive Affidavit.................................................................................................
29-30
CertificationForm..............................................................................................................
31
Bidder's Qualification Statement.......................................................................................
32
ReferenceForm................................................................................................................
33
Vendor Drug -Free Workplace Form..................................................................................
34
List of Subcontractors Form.............................................................................................
35
Certified Resolution Form..................................................................................................
36
Application for Payment Form ..................................................
........................37
Sample Form of Agreement.........................................................................................
38-49
0
%ity Cif 7 C2T r aC r% (?ContractsVt5ion
INSTRUCTIONS TO BIDDERS
BID NO. 09-12B
SPECIFICATION WRITER & ADMINISTRATOR FOR THE TAMARAC COMMUNITY
DEVELOPMENT DEPARTMENT — HOUSING DIVISION
It is the intent of the City to award this bid to the lowest responsible and responsive bidder.
The City reserves the right to recommend multiple award term contracts if it is determined
a single firm is not capable, as solely determined by the City, to adequately meet
anticipated demand for grant program requirements for services. Should a multiple award
contract be recommended by City, the contract fee of the lowest responsive/responsible
bidder shall be offered to the next responsive / responsible bidder for same services. If the
next lowest bidder is unable or unwilling to provide the same services at the low bidder's
unit prices, City may offer same option to the third lowest priced responsive/responsible
bidder as so on. The City reserves the right to accept or reject any or all bids and to waive
any informality concerning the bids when such rejection or waiver is deemed to be in the
best interest of the City.
DESCRIPTION OF WORK
The City's Community Development Department through the Housing Administration
Division, administrates separate CDBG, HOME, SHIP and NSP Grant funded Programs.
The Specification Writer / Administrator / Liasion shall prepare written property rehab
specifications and provide administrative services, under the direction of the Housing
Division, for an estimated (100) properties annually under the guidelines of these various
grant programs. There may be additional grant funds available later in 2009 that could add
to this property rehab estimate.
The scope of work requires the services of a licensed Certified General, Building
Contractor or licensed Structural Engineering firm exhibiting excellent communication skills
able to prepare clear, unambiguous industry standard acceptable rehab specifications as
well as, represent the City as the liaison between City, Property Owner, and the City's Pre -
Qualified General Contractors.
The awarded Specification Writer/Administrator (SWA) shall develop a standard quotation
form, subject to City approval, to be used in tandem with the issuance of the rehab
specifications to Contractors. The SWA under the direction of the City's Housing
Administrator, shall meet all program required process timelines and maintain project files.
The scope of work includes conducting a single mandatory pre -quote walk-through
meeting at each job site where rehab work is to be performed to review specifications with
the attending Pre -Qualified Contractors (PQC). Notification and scheduling of all pre -quote
meetings to all PQC shall be the responsibility of the SWA. The SWA shall provide copy of
the written specification and quotation form to each attending PQC attending the
mandatory pre -quote walk thru. The SWA shall address Contractor questions and secure
a Sign -In sheet of all attendees. (See Scope of Work Specifications for further details).
r(v of 7" amar ac; Purchasing and C, ;1f t �s t�ivisir„
TERM OF CONTRACT
The initial term of this contract shall be for one (1) year from date of award. An additional
two (2), one (1) years period renewals shall be contingent upon satisfactory SWA work
performance and desire of both parties to renew the agreement under same terms,
conditions and prices, and as may be in the best interest of City. The number of rehab
properties through this contract period are estimates only, based on City's current
knowledge of grant funds. The City does not guarantee any specific quantity of rehab work
as available funds are not the same from year to year.
LICENSES
To be eligible for award of this project, the Contractor must possess at time of bid
opening, one of the following State Certified and/or County Competency licenses or
any license that can meet, exceed, or legally perform the scope of work will be
acceptable, as determined by state or county licensing agency.
State: Certified General Contractor or Building Contractor, defined by
F.S. 489.105 3a
or
Licensed Structural Engineer, defined by F.S. 471
or
County: General Building Contractor Class A, B or C
(State Registration Required)
Occupational license must be in effect as required by Florida Statute §205.065.
Successful Contractor shall also have a minimum of five (5) years, full time, verifiable
experience as a qualified licensed Contractor with performance of similar scope of work
experience and outstanding references.
CONTACT INFORMATION
For technical inquiries, contact the Housing Division, Housing Administrator, Angela
Bauldree, Community Development Department, (954) 597-3539. For non -technical
general inquiries regarding this solicitation, contact the Purchasing Office (954) 597-3570.
Cityof % n z r ;; Porr;hasir,c and Conlracts Division ............................. ..... .................................................. .......................... _._.__._.__....._............__......... ........ ....... ___ .............. _.._.............. .... .......... ....................... ......... _........................................ ..... .... ............... ..._.......................... __........................ _........._......... ._........................................
SPECIAL CONDITIONS
BID 09-12B
SPECIFICATION WRITER & ADMINISTRATOR FOR THE TAMARAC COMMUNITY
DEVELOPMENT DEPARTMENT —HOUSING DIVISION
1. ASSIGNMENT OF CONTRACT
Neither this contract, nor any portion thereof, shall be assigned, except by formal approval
of the City Commission. No such approval will be construed as making the City a part of or
to such assignment, or subjecting the City to liability of any kind to any assignee. No
subcontract or assignment shall, under any circumstances, relieve the Contractor of his
liability and obligation under this contract, and despite any such assignment, the City shall
deal through the Contractor only. However, if the company is sold during the life of the
contract, the buying agent must provide the City with a letter signed by an officer of the
new owner that can legally bind the company, stating that they will continue to perform the
requirements of the contract under all the terms, conditions, and specifications so stated in
the contract.
2. CONTRACTOR'S RESPONSIBILITY
Contractor shall provide sufficient manpower so as to perform all assigned work safely and
expeditiously with all equipment plainly marked with the company name. All equipment
provided pursuant to this agreement shall be in good and proper working order.
No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made
with the prior approval of the City in writing. The Contractor shall provide a qualified person
present on the site at all times, as a fully authorized agent of the Contractor, and capable
of making on -site decisions. It shall be the responsibility of the Contractor to remove from
the job site and properly dispose of all residues at the end of each and every workday.
3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard public and private property while conducting the
scope of this contract. The Contractor shall repair and/or replaced in equal or better
condition at no additional cost to the City, damage resulting from any activities through the
performance of this contract. The Contractor shall use all means to protect existing
property. In the event of damage, Contractor shall make immediate repair and replacement
to property, at no additional cost to City. In the event of such damage, Contractor shall
immediately contact the City's Community Development Department by telephone (954)
597-3549 and inform the appropriate staff member about the location and extent of the
damages.
of Tamarac
4. SITE INSPECTION — CITY
and Contracts Division
All work by Contractor will be under the direction of the Community Development
Department's Housing Division and is subject to inspection by the City or City
representative to ensure compliance with the terms of the contract. All rehabilitation
specification shall be in full compliance with all current local, state and county building
codes and ordinances. The presence or absence of an Inspector does not relieve the
Contractor from any requirements of the contract.
5. DELIVERY
Written Site Specification and Final Inspection(s) by Contractor shall commence and be
completed within (10) calendar days of City's Notice to Proceed. If multiple final
inspections are required, the same time frame shall apply.
6. PAYMENT
Prompt payment will be made monthly for work that has been completed and properly
invoiced. Invoices must be submitted to the Housing Administration Office and must
reference the property owner name, address and quote number. The City has up to thirty
(30) days to review, approve and pay all invoices after receipt.
7. CONTRACT DOCUMENTS
The contract documents shall consist of the Standard Form of Agreement, Bid Proposal
executed and submitted by the Contractor, plans and specifications (where applicable),
any addenda or amendments, change orders, insurance certificate(s), and the City's
Resolution awarding the bid.
8. CHANGE ORDERS
The City reserves and shall have the right to make increases, decreases or other changes
to the scope of work as may be considered necessary or desirable to complete a rehab
project in a satisfactory manner. The Contractor shall not start work pursuant to the
change order until a written change order setting forth the adjustments is approved in
writing by both the City and Contractor. Once the Change Order is executed, the
Contractor shall promptly proceed with the work.
9. CITY'S OPTION
In the event satisfactory adjustment cannot be reached by the City and the Contractor for
any item requiring a change in the contract, and a change order has not been issued, the
City reserves the right at its sole option to terminate the contract as it applies to these
items in question and make such arrangements as the City deems necessary to complete
the work. The cost of any work covered by a change order for an increase or decrease in
the contract price shall be determined by mutual acceptance of a lump sum by the City and
Contractor.
of Tama ac
SPECIAL PROVISIONS
BID 09-12B
arfY Contracts Dwision
SPECIFICATION WRITER & ADMINISTRATOR FOR COMMUNITY DEVELPMENT -
HOUSING REHABILITATION PROGRAMS
1. PURPOSE OF BID
The City of Tamarac is hereby requesting Bids, from qualified Certified General and
Building Contractors or Licensed Structural Engineering firms qualified to represent the
City as Specification Writer/Program Administrator Liaison between the City, Property
Owners, and the Contractors that perform the actual rehab work. The awarded firm(s) shall
prepare rehab specifications for each property under direction from the Housing Division,
within Grantor requirements, and City designated budget and administrative guidelines.
2. BASIC DEFINITIONS
Wherever used in the Agreement or in other Contract Documents, the following terms have
the meanings indicated, which are applicable to both the singular and plural of each:
2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids
which clarify, correct, or change the bidding requirements or the contract
document.
2.2 Agreement — The written agreement between the City and the Contractor
covering the Work to be performed including other Contract Documents that
are attached to the Agreement and made a part thereof.
2.3 Application for Payment — the form acceptable to the City's Housing
Administrator which is used by the Contractor during the course of the work
in requesting payment and which is accompanied by such supporting
documentation as is required by the Contract Documents.
2.4 Change Order — A document that is signed by the Contractor and City
authorizing an addition, deletion or revision in the Work within the general
scope of this Agreement, or an adjustment in the Contract Price or the
Contract Time, issued after the Effective Date of the Agreement.
2.5 City — The City of Tamarac, Florida. Also referred to as Owner.
2.6 Contractor — May also be referred to as; Specification Writer / Administrator
/ Liaison or SWA.
2.7 Contract Documents — The contract documents consist of the executed
Agreement, conditions of the contract (General, Supplementary and other
Conditions), scope of work -specifications of Bid No. 09-12B, all addenda
issued prior to, all modifications issued after execution of this Agreement,
Notice of Award, Notice to Proceed, Certificate(s) of Insurance and any
additional modifications and supplements, Change Orders and Work
directive changes issued on or after the effective date of the Contract.
Gityof (arni .v atc
These contract documents form the Agreement, and all are as fully a part of the
Agreement if attached to this Agreement or repeated therein.
2.8 Contract Times — the number of consecutive calendar days stated in the
Contract Documents to complete the specification writing phase of the
service.
2.9 Defective — An adjective which when modifying the Work refers to Work that
is unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference
standard, test or approval referred to in the Contract Documents.
2.10 Effective Date of the Agreement — The date indicated in the Agreement
executed by the appropriate City award authority.
2.11 Program Housing Administrator — The City's authorized grant
rehabilitation program/project representative.
2.12 Notice to Proceed — A written notice given by the City to Contractor fixing
the date on which the Project Time will commence to run and on which the
Contractor shall start to perform the Contractor's obligations under the
Contract Documents.
2.13 Pre -Qualified Contractor — (PQC) Those firms pre -qualified by City through
prior solicitation to perform the actual property rehabilitation work.
2.14 Program — All elements of work to be performed during the entire contract
period.
2.15 Project — the scope of work for a single property rehab including all labor,
materials and equipment used or incorporated into the project.
2.16 Specifications — Those portions of the Contract Documents consisting of
written technical descriptions of the scope of work, standards and
Workmanship as applied to the Work and administrative details applicable
herein.
2.17 Subcontractor — An individual, firm or corporation having a direct contract
with the Contractor or with any other Subcontractor for the performance of a
part of the Work at the site.
2.18 Completion — "Completion" means finishing or accomplishing performance
of the Work scope as proscribed in the Contract Documents. That there has
been no willful departure from the terms of the Contract Documents and the
Work has been honestly and faithfully performed. The term "Completion"
means the City's acceptance of the project.
2.19 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or
vendor.
2.20 Unit Price Work — Work to be paid for on the basis of bid unit prices.
2.21 Work — The entire completed Scope of Work or the various separately
identifiable parts thereof required to be provided under the Contract
Documents. Work is the result of performing services, specifically, including
but not limited to specification preparation, furnishing labor, testing, and
City of Tarnarr c
and Contracts Division
administrative documentation used or incorporated in the Scope of Work for
the project. The words "Project" and "Work" are used interchangeably.
2.22 Written Amendment — A written amendment of the Contract Documents,
signed by the CITY and the Contractor after the Effective Date of the
Agreement and normally dealing with the non -Engineering, or non -technical
aspects rather than strictly Work related aspects of the Contract Documents.
3. ENUMERATION OF CONTRACT DOCUMENTS
If any portion of the Contract Documents appears to be in conflict with any other portion,
the various documents comprising the Contract Documents shall govern in the following
order of precedence:
1. The Scope of Work -Specifications
2. The Special Provisions
3. Special Conditions
4. The Instructions to Bidders and General Terms and Conditions
5. The Sample Agreement
4. INTENT
It is the intent of the Contract Documents to describe a functionally complete contract in
accordance with the Scope of Work - Specifications. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents as being required to
produce the intended result will be supplied whether or not specifically called for. When
words that have a well-known technical or trade meaning are used to describe Work,
materials or equipment such words shall be interpreted in accordance with that meaning.
Reference to standard specifications, manuals or codes of any technical society,
organization or association, or to the laws or regulations of any governmental authority,
whether such reference be specific or by implications, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of contract award,
except as may be otherwise specifically stated. However, no provision of any referenced
standard specification, manual or code (whether or not specifically incorporated by
reference in the Contract Documents) shall be effective to change the duties and
responsibilities of the City, the Contractor, or any of their consultants, agents or employees
from those set forth in the Contract Documents.
5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS
In addition, the requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Work may be authorized in one or more of the following
ways:
5.1 The City's Housing Administrator's approval variation; or
5.2 The City's Housing Administrator's written interpretation or clarification.
Cityr of Tannar ac Purchasing and Contracts Division
6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY
6.1 The Contractor shall provide sufficient manpower so as to perform work
safely and expeditiously with all equipment plainly marked with the company
name. All equipment provided pursuant to this agreement shall be in good
and proper working order.
6.2 The Contractor shall provide a qualified, English speaking, superintendent
present on the property site at all times. The superintendent shall be a fully
authorized agent of the Contractor, and have full authority to make on -site
decisions and commitments regarding the Contractors Work.
6.3 The superintendent shall be satisfactory to the City and shall not be changed
except with consent of the City's Housing Administrator.
6.4 If Contractor employs any subcontractor to perform scope of work under this
contract, they shall be qualified in all respects equal to the Contractor, with
respect to proper license and insurance in effect at all times and capable of
making field decisions. The Contractor shall only utilize competent, qualified,
and physically capable employees, having the requisite skill and experience
to perform the work in a workmanlike manner. The City may require the
Contractor to remove any employee working for or under the Contractor that
the City deems careless, incompetent, insubordinate or otherwise
objectionable. The Contractor shall be responsible to the City for the acts
and omissions of all subcontractors and personnel working under the
Contractor.
6.5 The Contractor shall be aware that the job may be subject to vehicular and
pedestrian traffic and shall direct as appropriate, to keep it's safe and
adequate flow.
6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the
responsibility of the Contractor. Any material left on site overnight shall be
properly marked and identified in order to ensure public safety.
6.7 The Contractor is responsible for familiarizing itself with the nature and extent
of the Contract Documents, the Work, the locality, and with all local
conditions, verifying all pertinent figures and applicable field measurements,
and federal, state, and local laws, ordinances, rules and regulations that in
any manner may affect cost, progress, or performance of the Work. The
Contractor is responsible for making or causing to be made any
examinations, investigations, tests and studies as it deems necessary for the
performance of the Work at the Contract Price, within the Contract Time, and
in accordance with other terms and conditions of the Contract Document.
6.8 The Contractor shall promptly report to the City's Housing Administrator or
designee any conflict, error or discrepancy which the Contractor may
discover and shall obtain a written interpretation or clarification from the
City's Housing Administrator before proceeding with any Work affected
thereby.
1 ¢i
of Tamarac
Pt.*rhasioq and Contracts D�vision
6.9 The Contractor shall be responsible for and shall coordinate all scope of work
means, methods, techniques, sequences and procedures.
6.10 The Contractor shall keep the City's Housing Administrator or designee,
informed of the progress and quality of the Work on a weekly basis.
6.11 If requested in writing by the Contractor, the City, with reasonable
promptness and in accordance with time limits agreed upon, shall interpret
the requirements of the Contract Documents and shall decide (subject to
other provisions in the Contract Documents governing claims, disputes and
other matters in question) matters relating to performance.
6.12 Contractor shall correct all Work, which does not conform to the Contract
Documents.
6.13 Contractor shall give notices and comply with laws, ordinances, rules,
regulations and lawful orders of public authorities relating to the Project.
6.14 Contractor shall be responsible to the City for acts and omissions of the
Contractor's employees and parties in privity of contract with the Contractor
to perform any portion of the Work, including their agents and employees.
6.15 The City's Housing Administrator shall prepare Change Orders as deemed
necessary in accordance with the Contract Documents. Any work, which is
commenced without a Change Order or Work Directive being approved, shall
constitute a waiver of any claim of compensation for such work. All Change
Orders must be approved by the City, identified as such in writing.
6.16 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed
as a result of any work within the scope of this contract to all applicable
codes and City standards.
7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT
Contractor shall be familiar with the total scope of the project prior to
commencement of any work. In case of any questions or conflict, they must be
brought to the attention of the City's Housing Administrator or designee prior to any
work.
8. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES
Payment at the contract unit price shall be inclusive of all labor, materials, equipment and
incidental items.
117
Ci(V of <3t"Ygt=i ac �'Pdt��� asF3 ,y and Cont'f'r�cts Division
_......._.................................................................................._._...._......._............................ ........................_._..........................._..._........_.__.._.._._.._._................... .............._......___................._...__..............................................................._......._...__.._.._..___.._.......... __.....
..................
9. CHANGE QUANTITIES/CHANGE ORDERS
The City, without invalidating this Agreement, may order additions, deletions or
revisions to the Work. A written Amendment, Change Order or Work Change
Directive shall authorize such additions, deletions or revisions.
9.1 All Change Orders which, individually or when cumulatively added to
amounts authorized pursuant to prior Change Orders for this Project,
increase the cost of the Work to the City or which extend the time for
completion, must be formally authorized and approved by the appropriate
City authority in writing prior to commencement or effect of the change.
9.2 No claim against the City for extra Work in furtherance of a Change Order
shall be allowed unless prior written City approval pursuant to this section
has been obtained.
9.3 The Contract Price and Contract Time shall be changed only by Change
Order or written Amendment.
9.4 The City Housing Administrator shall prepare Proposed Change Orders on
forms provided by the City. When submitted for approval, they shall carry the
signatures of the authorized City representative and the Contractor.
9.5 If the City and the Contractor are unable to agree as to the extent, if any, of
an adjustment in the Contract Price or an adjustment of the Contract times
that should be allowed as a result of a Work Change Directive, a claim may
be made therefore.
9.6 The Contractor shall not be entitled to an increase in the Contract Price or an
extension of the Contract times with respect to any Work performed that is
not required by the Contract Documents as amended, modified and
supplemented.
9.7 If notice of any change affecting the general scope of the Work or the
provisions of the Contract Documents is required by the provisions of any
bond to be given to a surety, the giving of any such notice will be the
Contractor's responsibility and the amount of each applicable bond shall be
adjusted accordingly.
9.8 Any claim for adjustment in the Contract Price or time shall be based upon
written notice delivered by the party making the claim to the other parties and
to the City's Housing Administrator not later than fifteen (15) calendar days
after the occurrence or event giving rise to the claims and stating the general
nature of the claim. No claim for an adjustment in the Contract Price or an
extension of the contract time will be valid if not submitted in accordance with
this Paragraph.
C ii jv of iamai c, Purc has`„< �r„ ' C t>rtfr �r.,f � L?ivisi n
.........................................................................................................._.............._...._._...._......._......_........................................_._.......................................__.................. .........................__....._........_.................... ... _...............................
9.9 The cost or credit to the City from a change in the Work shall be determined
by one or more of the following ways:
9.9.1 By mutual acceptance of a lump sum properly itemized and
supported by sufficient substantiating data to permit evaluation
where unit prices do not exist in the contract documents;
9.9.2 By unit prices stated in the Contract Documents or subsequently
agreed upon; or
9.9.3 By cost to be determined in a manner agreed upon by the parties
and a mutually acceptable fixed or percentage fee.
10. REGULATORY CHANGES
The Contractor shall be compensated for changes in the Work necessitated by the
enactment or revision of codes, laws, or regulations subsequent to the submission of the
Contractor's proposal.
11. CITY'S RIGHT TO WITHHOLD PAYMENT
11.1 The City may withhold in part, final payment to such extent as allowed under
Florida statute, necessary to protect itself from loss on account of:
11.2 Defective Work not remedied.
11.3 Failure of the Contractor to make payments to Subcontractors or Suppliers
for materials or labor.
11.4 Reasonable evidences that the Work will not be completed within the
Contract time.
11.5 Failure to carry out the Work in accordance with the Contract Documents.
12. CORRECTION PERIOD
12.1 The Contractor warrants the prepared technical specifications shall be in
compliance with all applicable local, county and state building codes, laws
and ordinances. Any work found to be non -compliant by City whether
observed before or after acceptance by City, the Contractor shall commence
and complete corrective revisions of the prepared specifications within seven
(7) days after notice of the non -compliant work, without cost to the City. If
Contractor does meet this time frame to amend the non -compliant
specification and delay would cause a hardship or additional financial
obligation to the property owner, City or Contractor performing the actual
rehab, the City may have the non -compliant specification amended and all
direct, indirect and consequential costs of such necessary amended work
shall be paid by the Contractor.
12.2 Nothing contained in this Article shall be construed to establish a period of
limitation with respect to other obligations that the Contractor might have
9
arrayac Pur hasing and Con& ar is Divisbn
under the Contract Documents. Establishment of the time period as
described in Article 29, relates only to the specific obligation of the Contractor
to correct the Work, and has no relationship to the time within which the
obligation to comply with the Contract Documents may be sought to be
enforced, nor to the time within which proceedings may be commenced to
12.3 establish the Contractor's liability with respect to the Contractor's obligation
other than specifically to correct the Work.
13. PROTECTION OF PERSONS AND PROPERTY
13.1 Contractor shall be solely responsible for initiating, maintaining and providing
supervision for compliance with Occupational Safety and Health Act (OSHA)
standards for safety precautions and programs in connection with the Work.
13.2 The Contractor shall take reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss to (1)
employees on the Work and other persons who may be affected thereby; (2)
and other property at or adjacent to the site.
13.3 The Contractor shall comply with applicable laws, ordinances, rules,
regulations and orders of public authorities bearing on the safety of persons
and property and their protection from damage, injury or loss.
13.4 The Contractor shall be liable for damage or loss to property at the site
caused in whole or in part by the Specification Writer & Administrator, a Sub -
Contractor, or anyone directly or indirectly employed by either, or by anyone
for whose acts they may be liable related to the conduct of his/her duties
specific as specification writer and quote administrator.
13.5 The Contractor as a part of this Bid shall include the cost of all safety
equipment necessary for the performance of the Work.
14. BID PREPARATION EXPENSE
The Bidder preparing a bid in response to this bid shall bear all expenses associated with
its preparation. The Bidder shall prepare a bid with the understanding that no claim for
reimbursement shall be submitted to the City for the expense of bid preparation and/or
presentation.
` itv of Tamara:; Rirrhasinc, and Conftacls Dvision
COMPANY NAME: (Please Print):
Phone: Fax:
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
1. ❑ Sign the Certification page. Failure to do so may result in your Bid being
deemed non -responsive.
2. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special
Provisions.
3. ❑ Properly fill out the Bid Forms / Bid Schedule for Prices.(Use only these Forms)
4. ❑ Sign the Certification Form. Failure to do so may result in your Bid being
deemed non -responsive.
5. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
6. ❑ Fill out the Bidder's Qualification Statement.
7. ❑ Fill out the References Page.
8. ❑ Sign the Vendor Drug Free Workplace Form.
8. ❑ Fill out the List of Subcontractors Form included herein.
9. ❑ Fill out and sign the Certified Resolution.
10. ❑ Include Proof of Insurance.
11. ❑ include copy of State Certified or County Competency License(s)
13. ❑ Return and/or acknowledge all Addendums
Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with
the BID NUMBER AND BID NAME on the outside of the package.
Make sure your Bid is submitted PRIOR to the deadline.
Late Bids will not be accepted.
Failure to provide the requested attachments may result in your bid
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID
21
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C�i�y of Tamarac �'r. r .hasing and C o �i, pacts Division
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... ..................................._......_...........................................__.__ ...................__...._...._...._._�..__ ......._.__............................................. .................................................._...._..._.........._............._.._____......................_..__....._..
BID FORM
BID NO. 09-12B
SPECIFICATION WRITER & ADMINISTRATOR FOR COMMUNITY DEVELPMENT -
HOUSING REHABILITATION PROGRAMS
The scope of work under this program shall be under City budgetary program guidelines.
The City of Tamarac is hereby requesting Bids from qualified Contractors to prepare
industry standard written Specifications for property rehabilitation under the guidelines and
the direction of the City's Community Development Department, Housing Administration. In
addition, the firm shall be responsible to be liaison and administrator between the City, the
Property Owners, and the City's Pre -qualified List of Contractors.
In order to be considered for this project, the Bidder shall possess, at time of bid opening,
one of the following State Certified or County Competency licenses or any license that
meet, exceed, or legally perform the scope of work will be acceptable, as determined by
state or county licensing agency.
State: Certified General Contractor or Building Contractor, defined by F.S. 489.105 3a
with at least five (5) years of verifiable full-time successful experience on similar size and
scope projects.
or
Licensed Structural Engineer, defined by F.S. 471, with at least five (5) years of
verifiable full-time successful experience on similar size and scope projects.
C•Ii
County: General Building Contractor Class A, B or C (State Registration Required)
with at least five (5) years of verifiable full-time successful experience on similar size and
scope projects.
We propose to furnish the following items in conformity with the specifications and at the
indicated bid prices. The bid prices quoted have been checked and certified to be correct.
Said prices are fixed and firm for the full term of this contract and applicable extensions
and shall be paid to Bidder for the successful completion of its obligation as specified in
the contract documents.
For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment
necessary to properly perform the work described herein.
SC14-22 Bid Form & sch-eduh..) of Bid Pries
City of 1aPt"c'3f"ac
BID SCHEDULE
Bidder understands and agrees the unit bid prices entered below are all inclusive of labor,
equipment, materials, insurance, incidental and accessory items as needed.
ITEM DESCRIPTION OTY UNIT PRICE
NO.
Initial contact, inspection, preparation of
Specs "before pictures" and 2"d home
meeting with Customer to explain Specs and
obtain Owner's signature / acceptance of
1. written Specifications.
Prepare all necessary paperwork and fax
"Notification of Pre -Bid Meeting" to
Contractors. Conduct Pre -Quote Meeting at
2. Job Site.
Final Inspection and "After Pictures" —
includes 1st Final Inspection and 2"d Final, if
3. necessary.
4 Additional Final Inspections (After 2"d)
NAME OF BIDDER:
EA $
EA $
EA $
EA $
C t-23 Bid Form & Schc;cftrlc cif Bid' Ptkx,,s
of T narac
BID FORM
(continued)
BID NO. 09-12B
81"O'Conh,acls Division
SPECIFICATION WRITER & ADMINISTRATOR FOR COMMUNITY DEVELPMENT -
HOUSING REHABILITATION PROGRAMS
Submitted by: Date
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88tt' Avenue
Tamarac, Florida 33321
The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a
contract with the City to perform and furnish all Work as specified herein for the
Contract Price and within the Contract Period indicated in this bid.
2. This bid will remain subject to acceptance for ninety (90) days after the day of bid
opening. Bidder will sign and submit the necessary documents required by the City
within fifteen (15) days prior to the date of the City's Award.
a. Bidder has familiarized itself with the nature and extent of the contract
documents, locality, and all local conditions and laws and regulations that
in any manner may affect cost, progress, performance or furnishing of the
Work.
b. Bidder has given the City written notice of all conflicts, errors or
discrepancies that it has discovered in the contract documents and the
written resolution thereof by the City is acceptable to Bidder.
C. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; Bidder has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; Bidder has not solicited or
induced any person, firm or corporation to refrain from bidding; and
Bidder has not sought by collusion to obtain for itself any advantage over
any other Bidder or over the City.
3. Bidder will complete the Work for the prices shown in the "Bid Form".
4. Bidder agrees that the Work will be substantially performed and complete in
accordance with the schedules established herein.
ft1 Cif ..... fte:? Pttr'f.;hasing land if€1nM�i ic(S Di,4-sit`n
............._..__.__.__.............._._..._...._...............................................................__.._....._._........_.............................................................................................._...........................................I- __.................... .............. .......................__..__..................._.._.._............._.........._.........
..... ..........
BID FORM
(continued)
BID NO. 09-12B
SPECIFICATION WRITER & ADMINISTRATOR FOR COMMUNITY DEVELPMENT -
HOUSING REHABILITATION PROGRAMS
The City reserves the right to reject any bid, if it deems that a vendor has deliberately
provided erroneous information. The undersigned declare to have specific and legal
authorization to obligate their firm to the terms of this bid, and further, that they have
examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other
documents included in this bid request, and hereby promises and agrees that, if this bid is
accepted, they will faithfully fulfill the terms of this bid together with all guarantees and
warranties thereto. The undersigned bidding firm further certifies the product and/or
equipment meets or exceeds the specification as stated in the bid package; and also
agrees that products and/or equipment to be delivered which fail to meet bid specifications
will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at
the expense of the bidder.
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Contractor's License Number
SC! i 25 Bid Farm & SCIIedvie of Bi <t laices
C iby o 3 (fibn1a; a,,. Pr.iri,f{L"'2sing and ifi�si�rf�.�t�. is Division
.........................._..._.................................... ..............._............................. __,.,,,,,....,,,.................. ,....,..,..,................. .................._..__................................................._..,,,_..,...,....,._..,........."............................._._.............. ........................................._,.,.....,......... ...._..._.,.........,....... ..............................
BID FORM
(continued)
BID NO. 09-12B
SPECIFICATION WRITER & ADMINISTRATOR FOR COMMUNITY
DEVELOPMENT — HOUSING REHABILITATION PROGRAM
Bidder's Name:
Delivery/completion of a property specification calendar days after receipt of City's
Notice to Proceed, however specification writing completion time shall not exceed (10)
calendar days from City's Notice to Proceed.
To be considered eligible for award, one (1) original and two (2) copies of this bid form
should be submitted with the Bid. One original bid must be submitted at time of bid
opening. Copies must be provided within (3) business days of City's request.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder,
as evidenced by completion of the Certified Resolution form contained herein (or
acceptable Corporate Resolution) may be deemed non -responsive and ineligible for
award.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder
shall be deemed non -responsive and ineligible for award.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why Bid Proposal is not being submitted at this time.
Return Bid Form to avoid removal of Bidder from City of Tamarac's vendor listing.
Contractor Accepts Credit Card Payment YES NO
SCH-26 Bich Form & Schedule of Bid Prices
`_h'y cif Tamaac^ Pr.rrchasinq ano' Conifacts Dwisi«n
........_...._...................... _............................__.__._..............._.......�....m._....._-............................................................................_........_.__.._............................................................__....._.__._._......_.........._.........__........_..._....................
SCOPE OF SERVICES - SPECIFICATIONS
The City of Tamarac's Housing Division, administrates multiple grant programs known as
CDBG, HOME, SHIP and NSP that provide funds for property rehabilitation in the local
community. Grant funds from these various programs and potential future grant programs
of a similar nature; are used to identify and qualify property owners for certain construction
property rehabilitation within Grantor and City administrative and budget guidelines.
Tamarac has established a List of Pre -Qualified General Contractors through periodic
marketplace solicitations. Only City's Pre -Qualified Contractors are eligible to perform the
actual rehabilitation construction work. The number of Pre -Qualified Contractors (PAC's),
normally range between 15 - 25.
The awarded Specification Writer / Administrator(s) (SWA) must possess the ability to
prepare industry standard specifications and to effectively communicate clear and
unambiguous instructions and information among the program participants that include;
• City Housing Division Representatives
• Property Owners
• Pre -Qualified Contractors
All specification writing shall be in accordance with current applicable Building Codes,
state, county and local building codes, laws and ordinances.
There are Two (2) basic functions the SWA will perform under this contract;
• Specification Writing for designated properties to be rehabilitated
• Administrative liaison between City, Property Owner & Pre -Qualified Contractors
During the term of this contract, the Specification Writer/Administrator Contractor(s) (SWA)
shall not be eligible to directly or indirectly quote, perform, or subcontract the actual
construction repair/rehab work, in whole or in part.
The SWA shall be notified by the City's Housing Division of eligible properties for spec
writing rehab/repair services. The SWA shall work under the direction of the City's Housing
Administration and within the program guidelines and budget assisting to identify and
prioritize specific property areas most in need of rehab, roof, windows, etc.
Prior to release of written specifications, SWA shall verify with the City's Building
Department that any structural modifications to the property were completed with
appropriate permits. Illegal conversions must be reported to the City's Housing Division
and addressed within the written work specifications.
After the rehabilitation scope of work is approved, the SWA shall prepare industry standard
written specifications. Once the specification is finalized, The SWA shall notify all PQCs, a
minimum of one (1) week in advance via faxed letter or other documentable method,
advising date, time and address of upcoming Pre -Quotation meetings. It is required SWA
send all notifications on the same day, providing equal and unbiased advanced notice.
All fax transmittals and all project related communication shall be maintained by SWA in
separate hard copy rehab specific files.
The City shall provide to the SWA the most current Pre -Qualified Contractor List with
contact names, addresses, phone and fax numbers.
SG -27 Bid Form & Schedule of Bid Prices
City of Tang ac F'vrchas#,cg and Contracts Dv�ision
....__._...__.................................................._.__._..._.............._.,__.........._..__.._._.._..... __......................___.._._..�_..___...........................................................I................____..._.........................__.____.__......_..._........................__-___....................__........._...__.._.
Copies of the written specifications shall only be distributed to the Pre -Qualified
Contractors that attend that specific mandatory pre -quote meeting. SWA may use verbal
instruction to supplement the written specification as long as all attending Contractors can
hear the same verbal instruction. The SWA shall be responsible to secure an accurate
account of all attendees at the pre -quote meeting via a "Sign -In" sheet, required for each
pre -quote meeting. The "Sign -In" sheet is important toward documenting PQC eligibility. It
must be identified by quote number, property owner name or address. It must list all
meeting attendees, the firm they represent and phone their numbers.
In addition to the distribution of the written specification to all attending PQC and copy to
the Housing Division, the SWA shall conduct a brief visual walk through of the property
and answer PQC questions relative to the scope of rehab. If substantial revision to the
prepared written specifications become necessary, the SWA must prepare spec revisions,
at no additional cost to City, and distribute the revised spec to only the original attending
PQCs, one (1) week prior to the quotation due date.
At the Pre -Quote meeting, the SWA shall also distribute copies of a standardized City
approved quotation form to all attending Contractors. The quotation form shall have pre-
printed information indicating property owner name & address, a sequentially numbered
project quote number the date, time and address the quotation is to be returned. The PQC
shall use this form and no other, to document their quote price for the designated rehab.
The priced quotations shall be returned directly to the City in a sealed envelope for
evaluation of the low responsive/responsible bidder.
NOTE: In the event the City awards to two (2) qualified Contractors for Specification
Writing / Administration Services, the City will endeavor to split the number of spec writing
projects equitably. However, the exact equal split of work shall not be guaranteed as may
be in the best interest of the City.
SWA PROJECT FILE MAINTENANCE
For program audit purpose, the SWA shall be required to establish and maintain a file
system acceptable to City. The integrity of the program requires the SWA's understanding
that all communication and instructions with the PQCs, be provided timely and uniformly to
all Contractors as not to favor "one" PQC over another in all matters of administration of
this program. All written communication shall be maintained in proper file.
The SWA project files must identify on its tab, property owner name, address and
quotation number for each separate project file. Each file shall contain all fax confirmation
notices and/or attempts to notify Contractor. Additionally, all subsequent project
correspondence shall be kept in file.
The SWA by execution of this contract for these services, understands and agrees that the
City reserves the right to exam all files with a minimum of three (3) day written notice to the
SWA to ensure compliance of certain Grant Program requirements.
SWA acknowledges that the program files created and maintained by SWA are the
property of the City. The SWA agrees to release all files for this program to the City upon
ten (10) day written notice by City.
All priced quotations by the General Contractors (PQC) shall be returned directly to the
City's Housing Division for evaluation. Quotes will remain sealed and secured unopened in
the Housing Division until the designated due date and opening time.
SCH-28 Bid Form & Schedule of Bid Prices
�F!. �._.............................. ...._..._...._......................................................................__..._.__.........._.._....._._...__.__._-___........._.__........._.__......................................... .............................._.,...................................._......................... _..__._.__......._.................. _.........................
NON -COLLUSIVE AFFIDAVIT
State of
)ss.
County of )
and says that:
being first duly sworn, deposes
He/she is the , (Owner, Partner, Officer, Representative
or Agent) of , the Offeror that has submitted the
attached Proposal;
He/she is fully informed respecting the preparation and contents of the attached Proposal
and of all pertinent circumstances respecting such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
Neither the said Offeror nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a
collusive or sham Proposal in connection with the Work for which the attached Proposal
has been submitted; or to refrain from bidding in connection with such Work; or have in
any manner, directly or indirectly, sought by agreement or collusion, or communication, or
conference with any Offeror, firm, or person to fix the price or prices in the attached
Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the
Proposal price or the Proposal price of any other Offeror, or to secure through any
collusion, conspiracy, connivance, or unlawful agreement any advantage against
(Recipient), or any person interested in the proposed Work;
The price or prices quoted in the attached Proposal are fair and proper and are not tainted
by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror
or any other of its agents, representatives, owners, employees or parties in interest,
including this affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
By
Printed Name
Title
29 Bid Form & Sd I eduip of Bia Prices
of Tamarac Purchasing and Conhset is D vision
__........................................_....._......................._.....................................................___......._.._.............._._....._..._.._.._........_..._._...................._............................_..........................__ ......_......_.................__....___............................_........................... .......
.
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
ant,' C onl�r ,acts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the
Invitation to Bid. We (1) certify that we (1) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Invitation To Bid.
Indicate which type of organization below:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑
If "Other', Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Email address for above signer (if any) Contractor's License Number
3i
City of Tamarac Pvrchasirty and Contracts Division
_.....:..................................................................... __... ___............................_.........................__....__....._................ __...... _.......... __................. _.._......................................................................._....._.._..__.................................................................................... ..................................... ................... ..
BIDDER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all answers to
questions made hereinafter:
Name of Company
Address
City State Zip
Telephone
Fax Number
E-Mail Address
1. How many years has your organization been in business under its present name?
Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida
Fictitious Name Statute:
3. Under what former name(s) has your business operated?
List former address(es) of that business (if any).
4. Are you Certified?Yes ❑ No ❑ If Yes, attach copy of Certification
5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes ❑ No ❑
If Yes, explain:
7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑
of the commodities/services bid upon?
8. Have you ever received a contract or a purchase order from the City of Tamarac or other
governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.)
9. Have you ever received a complaint on a contract or bid awarded to you by any
governmental entity? Yes ❑ No ❑ If yes, explain:
10. Have you ever been debarred or suspended from doing business with any governmental
entity? Yes ❑ No ❑ If yes, explain:
32
ai y of T3/4 ar,,-:;
REFERENCES
and CxnlT,.icts Division,
Please list government agencies and/or private firms with whom you have done business
during the last five years:
Your Company Name
Address
City State Zip
Phone/Fax
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
of Tan,,,�wac Purchasinr,, and Contnacfs Dvisiare
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/proposal
certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. This requirement affects all public entities of the State and becomes effective
January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace
programs. Whenever two or more bids that are equal with respect to price, quality, and
service are received by the State or by any political subdivision for the procurement of
commodities or contractual services, a bid received from a business that certifies that it
has implemented a drug -free workplace program shall be given preference in the award
process. Established procedures for processing tie bids will be followed if none of the tied
vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace
no later that five (5) days after each conviction.
Impose a section on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee
who is so convicted.
Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I certify that
this form complies fully with the above requirements.
Authorized Signature
>4
Company Name
.,, f:f t,
LIST OF SUBCONTRACTORS
The Bidder shall list below the names and business address of each subcontractor who
will perform Work under this Bid in excess of one-half of one percent of the Contractor's
Total Bid Price, and shall also list the portion of the Work that will be done by such
subcontractor. After the opening of bids, no changes or substitutions will be allowed except
as otherwise provided by law. The listing of more than one subcontractor for each item of
Work to be performed with the words "and/or" will not be permitted. Failure to comply with
this requirement will render the Bid as non -responsive and may cause its rejection.
Work to Be Performed % Total Contractor Subcontractor
Contract License No. Name/Address
3,13
C<it✓ r,/ T"Wi-trac Purchasing and C;or;' a= ,.I.s ,ivi,s0rt
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of
the State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly
elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as
its own acts and deeds. The secretary shall certify the names and signatures of those authorized to
act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage
resulting from or growing out of honoring, the signature of any person so certified or for refusing to
honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME
TITLE
Given under my hand and the Seal of the said corporation this
(SEAL)
NOTE:
By:
SIGNATURE
. day of , 20_.
Secretary
Corporate Title
The above is a suggested form of the type of Corporate Resolution desired. Such form need not
be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of
the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been
properly empowered by the corporation to do so in its behalf.
of Tama ac
APPLICATION FOR PAYMENT
Contract Title:
Rurhasino and Conlrads Division
Contract/Purchase Order No.: Original Contract Value:
Contract Change Order Value: Current Contract Value:
Cumulative No. Change Orders:
Application for Payment is made, as shown below:
1.
Original Contract Sum
$
2.
Net Change by Change Orders
$
3.
Contract Sum to Date
(line 1 (+) or (-) line 2)
$
4.
Total Completed and Stored to Date
$
5.
Retainage
a. % of Completed Work
$
b. % of Stored Material
$
c. Total Retainage (line 5a + line 5b)
$
6.
Total Earned less Retainage
(line 4 — line 5c)
$
7.
Less Previous Application For Payment
(subtract line 6 from prior A.F.P.)
$
8.
Current Payment Due
$
9.
Balance to Finish, plus Retainage
(line 3 — line 6)
$
Submitted by: Date:
Contractor
Approved for Payment Date
7
City of Tamarac Purch-Isingand Contracts Division
SAMPLE AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this _ day of , 20_
by and between the City of Tamarac, a municipal corporation with principal
offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
a corporation with principal offices located at
_ (the "Contractor') to provide for
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 09-12B,
including all conditions therein, (General Terms and Conditions, Special Conditions
and/or Special Provisions), drawings, Technical Specifications, all addenda, the
Contractor's bid/proposal included herein, and all modifications issued after execution of
this Agreement. These contract documents form the Agreement, and all are as fully a
part of the Agreement as if attached to this Agreement or repeated therein. In the event
that there is a conflict between 09-12B as issued by the City, and the Contractor's
Proposal, 09-12B as issued by the City shall take precedence over the Contractor's
Proposal. Furthermore, in the event of a conflict between this document and any other
Contract Documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
38 Agreement
Cty of Tclma?ac Purdie sitic] ane Contracts C ivisiorP
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, Builder's Risk and all other
insurance as required by the City, including Professional Liability when
appropriate. Contractor shall maintain such insurance in full force and
effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be completed withindays from issuance of City's Notice
to Proceed, subject to any permitted extensions of time under the Contract
Documents. For the purposes of this Agreement, completion shall mean
the issuance of final payment.
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
39 At9 reemera
included in the Contract Documents. In the event that any delays in the
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
5) Contract Sum
The Contract Sum for the above work is Dollars and
cents ($ ).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218. The City desires to be able to make
payments utilizing City's Visa Procurement Card as a means of expediting payments. It
is highly desirable that the successful proposer have the capability to accept a Visa
Procurement/Credit card as a means of payment.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by the
City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the work
exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall be
the sole judge of non-conformance and the quality of workmanship.
40 Agreement
City of Tartrarac
8) Change Orders
Purchasing and Contracts Division
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
change order setting forth the adjustments is approved by the City, and executed
by the City and Contractor. Once the change order is so approved, the Contractor
shall promptly proceed with the work. All Change Orders shall include overhead
and profit, not to exceed five percent (5%) and five percent (5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the Contractor
shall be at Contractor's expense without change in the Contract Price or Time
except as approved in writing by the City.
8.3 The Contract Price and/or Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra work is
begun. Any claim for an increase or decrease in the Contract Price shall be based
on written notice delivered by the party making the claim to the other party
promptly (but in no event later than 15 days) after the occurrence of the event
giving rise to the claim and stating the general nature of the claim. The amount of
the claim with supporting data shall be delivered (unless the City allows an
additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts to which the claimant is entitled as a result of the
occurrence of said event. No claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this Paragraph.
8.4 The Contract Time may only be changed by a Change Order. A fully
executed change order must exist prior to extension of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written
notice delivered by the party making the claim to the other party no later than
fifteen (15) days after the occurrence of the event giving rise to the claim. Notice of
the extent of the claim shall be delivered with supporting data and stating the
general nature of the claim. Contractor hereby agrees to waive rights to recover
any lost time or incurred costs from delays unless Contractor has given the notice
and the supporting data required by this Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the
effect of delays to the work as a whole. Extensions of time shall not be granted for
delays to the work, unless the Contractor can clearly demonstrate that such delays
did or will, in fact, delay the progress of work as a whole. Time extensions shall not
be allowed for delays to parts of the work that are not on the critical path of the
project schedule. Time extensions shall not be granted until all float or contingency
41 c reerner t
City of Tamarac Purchasing and Contracts Division
time, at the time of delay, available to absorb specific delays and associated
impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order has
not been issued, the City reserves the right at its sole option to terminate the
contract as it applies to these items in question and make such arrangements as
the City deems necessary to complete the work. The cost of any work covered by
a change order for an increase or decrease in the contract price shall be
determined by mutual acceptance of a Guaranteed Maximum Price by the City and
Contractor. If notice of any change in the contract or contract time is required to be
given to a surety by the provisions of the bond, the giving of such notice shall be
the Contractor's responsibility, and the amount of each applicable bond shall be
adjusted accordingly. The Contractor shall furnish proof of such adjustment to the
City Failure of the Contractor to obtain such approval from the Surety may be a
basis for termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption,
interference be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that this provision shall not preclude
recovery of damages by Contractor for hindrances or delays due solely to fraud,
bad faith or active interference on the part of City or its agents. In addition, if
Contractor is delayed at any time in the progress of the Work by an act or neglect
of the City's employees, or separate contractors employed by the City, or by
changes ordered in the Work, or by delay authorized by the City pending
arbitration, then the Contract Time shall be reasonably extended by Change Order,
and the Guaranteed Maximum Price shall be reasonably increased by Change
Order in order to equitably increase the general conditions component of the
Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in
the progress of the Work by labor disputes, fire, unusual delay in deliveries,
adverse weather conditions not reasonably anticipated, unavoidable casualties or
other causes beyond the Contractor's control, or by other causes which the City
and Contractor agree may justify delay, then the Contract Time shall be reasonably
extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to that extent specifically provided above.
No extension of time shall be granted for delays resulting from normal weather
conditions prevailing in the area as defined by the average of the last ten (10)
42 AgrpPment.
......... ..- _ -. ......;dry;f Tamarac ,slnq .
card Coriracfs Division
years of weather data as recorded by the United States Department of Commerce,
National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather
Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or Contractors who worked on the project that is the
subject of this Agreement. Payment of the invoice and acceptance of such payment by
the Contractor shall release City from all claims of liability by Contractor in connection
with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible
for any damages caused by defect to affected area or to interior structure. The one (1)
year warranty period does not begin until approval of final payment for the entire project,
and the subsequent release of any Performance or Payment Bonds, which may be
required by the original bid.
12) Indemnification
12.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
12.2 Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
768.28, as amended from time to time
13) Non -Discrimination & Equal Opportunity Employment
During performance of Contract, Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
43 Ag eerneof
C,•fy of Tarnerec Purchasing and Division
disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
16) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
44 Agreermeot
City of Tarrarac
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
Parchass,,g and Gonlrac.Ps Division
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
18) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
City of Tamarac Purchgsing and Contracts Division
19) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
20) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this
Agreement.
21) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
22) Uncontrollable Circumstances
22.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
22.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
46 Agar een= eot
......................-..._.........._._._..................... ....�
...........__....-_...._..............................................................._................_._................____..__.
City ref Tamarac Purchas,ng and Contracts Division
23) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Contractor and the City.
24) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
47 Agreement
_... ...... --- ......... .......... ...... ___._.................................................................................................. ._.............................................................._.........................._............._.__................_..__..__.................._................................................................................................ ._..._....................
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor
Date
Jeffrey L. Miller, City Manager
Date
Approved as to form and legal sufficiency:
City Attorney
Date
Company Name
Signature of President/Owner
Type/Print Name of President/Owner
Date
............................ .................................... .._............ ................... ...... ............. ............................................................................................................................................................................................ ................... ................._................_.......... ...... ____.... ______.... ___...................... .... .... .
8 Agreement
City of Tamarac Purchasing ard Con'tracts Dhvision
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, of ,
a Corporation, to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me that he/she
executed the same.
WITNESS my hand and official seal this _ day of , 20_
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
of Tamarac
AGREEMENT
BETWEEN THE CITY OF TAMARAC
/,L` U7
& Contracts Division
ACAI ASSOCIATES, INC.
THIS AGREEMENT is made and entered into thisdFday of 414A�_,200�
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 NW 88th Ave., Tamarac, FL 33321 (the "City") and ACAI Associates, Inc., a Florida
corporation with principal offices located at 2937 W. Cypress Creek Road, Fort Lauderdale,
FL 33309 (the "Contractor") to provide specification writing and administration services for
various grant funded property rehabilitation programs for the Community Development
Department, Housing Division.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents shall consist of this Agreement, Bid No. 09-12B, including
all conditions therein, (including any General Terms and Conditions, Supplementary
Conditions, Statement of Work or any other provisions contained within the document), any
and all addenda, Proposal executed and submitted by the Contractor, specifications,
bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the
project, and all modifications issued after execution of this Agreement. These documents
form the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event of a conflict between this document and any
other contract documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary
to prepare and administrate the specification writing program under
direction of the Community Development Department.
2.1.2 Contractor shall maintain all records and files in accordance with grant
funded and City provided guidelines.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and priorto
any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local
laws, codes and regulations now in effect, or hereinafter enacted
during the term of this Agreement, which are applicable to the
of Tamarac Purchasing & Contracts Division
Contractor, its employees, agents or sub -Contractors, if any, with
respect to the work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid or proposal document
or as required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain
such insurance in full force and effect during the life of this Agreement.
Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under
this Agreement. The Contractor will ensure that all subcontractors comply
with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's General Liability Insurance policies shall be endorsed
to add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Schedule
The work to be performed under this Agreement shall be commenced after City
execution of this Agreement. The term of this contract shall be for one (1) year from date of
award with two (2) additional, one (1) year renewals, contingent upon satisfactory
performance, mutual agreement to renew at same terms, conditions and pricing of the
original contract, available funding, and as in the best interests of the City.
5) Contract Fee
The fee for services shall be as bid by Contractor, Bid 09-12B, Bid Schedule.
Each specification writing residential rehab project, as directed in writing by City, shall
be at a cost of Seven Hundred Thirty Five Dollars and no cents ($735.00). A
contingency item with City approval, may apply for required additional Final Inspections,
after 2"d, at a cost of One Hundred Forty Dollars and no cents ($140.00).
6) Payments
The City shall make payments in accordance with this Agreement and Bid Schedule
09-12B. The City shall pay the Contractor for work performed subject to the specifications
of the job and subject to any additions and deductions by subsequent change order
provided in the contract documents. All payments shall be governed by the Local
Government Prompt Payment Act, F.S., Part VII, Chapter 218.
of Tamarac
7) Indemnification
& Contracts Division
7.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other
obligation to indemnify the City and to the fullest extent permitted by law,
protect, defend, indemnify and hold harmless the City, their agents, elected
officials and employees from and against all claims, actions, liabilities, losses
(including economic losses), costs arising out of any actual or alleged: a).
Bodily injury, sickness, disease or death, or injury to or destruction of tangible
property including the loss of use resulting therefrom, or any other damage or
loss arising out of or resulting, or claimed to have resulted in whole or in part
from any actual or alleged act or omission of the Contractor, any sub -
Contractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable in the performance of the Work; or
b). violation of law, statute, ordinance, governmental administration order,
rule, regulation, or infringement of patent rights by Contractor in the
performance of the Work; or c). liens, claims or actions made by the
Contractor or any sub -Contractor under workers compensation acts; disability
benefit acts, other employee benefit acts or any statutory bar. Any cost of
expenses, including attorney's fees, incurred by the City to enforce this
agreement shall be borne by the Contractor.
7.2. Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
7.3. To the extent permitted by law, the Contractor shall pay all claims, losses, liens,
settlements or judgments of any nature whatsoever in connection with the
foregoing indemnifications including, but not limited to, reasonable attorney's
fees (including appellate attorney's fees) and costs.
7.4. City reserves the right to select its own legal counsel to conduct any defense in
any such proceeding and all costs and fees associated therewith shall be the
responsibility of Contractor under the indemnification agreement. Nothing
contained herein is intended nor shall it be construed to waive City's rights and
immunities under the common law or Florida Statute 768.28 as amended from
time to time.
8) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, sex, religion,
age, national origin, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. The Contractor will take affirmative action to ensure that
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. Such actions must include, but not be limited to, the
following: employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
City of Tamarac Purchasing & Contracts Division
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that
Sub -Contractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
9) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to,
the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Contractor, which
policies of Contractor shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Contractor's funds provided for herein. The Contractor
agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the Contractor and
the City and the City will not be liable for any obligation incurred by Contractor, including
but not limited to unpaid minimum wages and/or overtime premiums.
10) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
City of Tamarac Purchasing & Contracts Division
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
ACAI Associates, Inc.
2937 W. Cypress Creek Road
Fort Lauderdale, FL 33309
12) Termination
12.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the City to the
Contractor for such termination in which event the Contractor shall be paid
its compensation for services performed to termination date, including
services reasonably related to termination. In the event that the Contractor
abandons this Agreement or causes it to be terminated, Contractor shall
indemnify the city against loss pertaining to this termination.
12.2 Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should
the Contractor neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
13) Uncontrollable Forces
13.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in orfailure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of
its obligations under this Agreement and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
13.2 Neither party shall, however, be excused from performance if nonperformance
is due to forces, which are preventable, removable, or remediable, and which
the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The
nonperforming party shall, within a reasonable time of being prevented or
delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
City of Tamarac Purchasing & Contracts Division
14) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
16) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the validity
or enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect the
enforceability of that provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
19) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise accrue
to the benefit of any party to the Agreement, and each party expressly waives the right to
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
of Tamarac
Purchasing & Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President,
duly authorized to execute same.
ATTEST:
�arionSwensson,CIVIC CC
City Clerk
('h ho
Date
Adolfo J. Cotilla, Jr.
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
CITY OF TAMARAC
Beth Flansbaum-Talabisco, ayor
Date
Jeffrey L. MilYer, City Manager
� �-2,pGov
Date:
Appr ed s form and legal sufficiency:
Citp A orn
M ��
Adolfo J. Cotilla, Jr.,
Type/Print Name of President
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Da
CORPORATE ACKNOWLEDGEMENT
STATE OF rLo--4��A
:SS
COUNTY OF Pecr �7
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared,
Adolfo J. Cotilla Jr., President of ACAI Associates, Inc., a Florida Corporation, to me
known to be the person(s) described herein and who executed the foregoing instrument
and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of �1 , 20 A
NOTAWPl3BLIC-ff=OFFLORMnature
f Notary Pu is
Sandra Smerkers
•-Commission#DDb93145
State of Floridaaa
Large
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, Expires: AUG.AUG.19, 2011
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BONDED MU ATLANTIC BONDING CO., INC,
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Print, Type or Stamp
Name of Notary Public
Personally known to me or
❑
Produced Identification
Type of I.D. Produced
❑
DID take an oath, or
❑
DID NOT take an oath.