HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-036Temp. Reso. # 11586
March 10, 2009
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009 3&
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH HOMESTEAD CONCRETE AND
DRAINAGE, INC., FOR THE CONSTRUCTION OF
SIDEWALK IMPROVEMENTS LOCATED ON N.W 82ND
STREET BETWEEN UNIVERSITY DRIVE AND N.W 81ST
AVENUE IN ACCORDANCE WITH BID NO.09-04B, FOR AN
AMOUNT NOT TO EXCEED $124,200.00 FROM THE
APPROPRIATE ACCOUNTS; AUTHORIZING BUDGET
AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING
PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac desires to provide a continuous sidewalk
connection between University Drive and N.W 81st Avenue along N.W 82nd Street, for
pedestrian traffic; and
WHEREAS, the City of Tamarac has entered into a Local Agency Program
Agreement (LAP) with the Florida Department of Transportation (FDOT) as authorized by
Resolution R-2006-156 dated September 13t",2006, incorporated herein by reference and
on file in the office of the City Clerk; and
WHEREAS, the City of Tamarac has been assigned LAP funds in the amount of
$80,500.00 for the construction of said sidewalk improvements; and
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Temp. Reso. # 11586
March 10, 2009
Page 2
WHEREAS, on February 23`d, 2009 the City of Tamarac received twelve (12)
proposals for the proposed sidewalk improvements, with Homestead Concrete and
Drainage, Inc., being the lowest responsive bidder, a bid tabulation is incorporated herein
by reference and on file in the office of the City Clerk; and
WHEREAS, Homestead Concrete and Drainage, Inc., possesses the required
knowledge and experience for the construction of the proposed sidewalk improvements
and has agreed to the Terms and Conditions, Special Conditions, and Technical
Specifications of Bid No. 09-0413; and
WHEREAS, it is the recommendation of the Public Works Director and the
Purchasing Contracts Manager that the appropriate City Officials execute the agreement
with Homestead Concrete and Drainage, Inc., for the construction of said sidewalk
improvements attached hereto as Exhibit 1 °, incorporated herein and made a specific part
of this resolution; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City of Tamarac to execute the contract for the
construction of the proposed sidewalk improvements on N.W 82nd Street between
University Drive and N.W 815t Avenue with Homestead Concrete and Drainage, Inc., at a
cost not to exceed $124,200.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
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Temp. Reso. # 11586
March 10, 2009
Page 3
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof.
SECTION 2: The appropriate City Officials are HEREBY authorized to
execute an Agreement for construction services with Homestead Concrete and Drainage,
Inc., for sidewalk improvements on N.W 82nd Street between University Drive and N.W 81st
Avenue.
SECTION 3: An Expenditure in an amount not to exceed $124,200.00 for
said purpose is hereby approved.
SECTION 4: The City Manager, or his designee, are hereby authorized to
make changes, issue change orders in accordance with section 6-156(b) of the -City Code,
and close the contract award including, but not limited to making final payment within the
terms and conditions of the contract and within the contract price.
SECTION 5: All budget amendments for proper accounting purposes are
hereby approved.
SECTION 6: 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 7:
passage and adoption.
Temp. Reso. # 11586
March 10, 2009
Page 4
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this L;5 day of
ATTEST:
MARION-SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
_r S. GOREN
ATTORNEY
pwuffi.�
-E I
TA M• 7
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO -1 --'
DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD �7
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
2009.
LJ
1
City of Tamarac
Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
/_1►Ia]
HOMESTEAD CONCRETE & DRAINAGE, INC.
THIS AGREEMENT is made and entered into this,-2�-day of
2009 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 Homestead Concrete & Drainage, Inc, a Florida corporation with principal
offices located at 209 SW 4t" Avenue, Homestead, FL 33030 (the "Contractor") to
provide for construction of concrete sidewalk, addition of drainage structures,
landscape and curb improvements.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Bid Document No. 09-04B,
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 Bid 09-04B as issued by the City, and the Contractor's
Proposal, 09-04B 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.
Agreement
City of Tamarac Purchasing and Contracts Division
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 Substantially Complete within 105 calendar days from issuance of
City's Notice to Proceed, and Final Complete within 30 calendar days from
Substantial Completion 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.
2 Agreement
City of Tamarac Purchasing and Contracts Division
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
pre -construction or construction portion of the work occur, despite 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 One Hundred Twenty Four Thousand,
Two Hundred Dollars and no cents ($124,200.00).
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.
3 Agreement
City of Tamarac
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
4 Agreement
City of Tamarac Purchasing and Contracts Division
extensions shall not be allowed for delays to parts of the work that are not on
the critical path of the project schedule. Time extensions shall not be granted
until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
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
5 Agreement
City of Tamarac Purchasing and Contracts Division
of time shall be granted for delays resulting from normal weather conditions prevailing
in the area as defined by the average of the last ten (10) years of weather data as
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
7E8.28, 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
6 Agreement
City of Tamarac Purchasing and Contracts 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.
7 Agreement
City of Tamarac
16) Notice
Purchasing and Contracts Division
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service,
as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Homestead Concrete & Drainage Inc
209 SW 4th Avenue
Homestead, FL 33030
Phone: (305) 248-9649
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.
8 Agreement
City of Tamarac Purchasing and Contracts Division
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.
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
Agreement
City of Tamarac Purchasing and Contracts Division
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
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
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
President duly authorized to execute same.
CITY OF TAMARAC
Beth Flansbaum- galaAbiscoQyor
3/-1<)n9
Date
jj
ATTEST: Jeffrey L. MilleY, City Manager
�w
Marion meson, CIVIC Date
City Clerk ..`
Date
ATTEST:
Approv6d yb to
Date
and legal sufficiency:
Homestead Concrete & Drainaae. Inc.
Company Name
Signature of Corporate Secretary Signature o res ent/Owner
Darcie Cordero
Type/Print Name of Corporate Secy
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Alfredo Cordero
Type/Print Name of President
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Date
11 Agreement
City of Tamarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF ±Lt
:SS
COUNTY OL :
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
Alfredo Cordero, of Homestead Concrete & Drainage, Inc.,
a Florida Corporation, to me known to be the person(s) described in and who executed
the foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this t day of 4V'e. �,- 2009.
G.
Sign re of Notary Public
State of Florida at Large
N ON D. APOLINAR O�IOp
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NOTAP► Al' 2009
OMM1�5 VN10�S �C
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Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
H,-lD
ID take an oath, or
NOT take an oath.
1
352M 52 AM
Homestead Concrete & Drainage, Inc.
P.O. Box 1273
Homestead, FL 33090
Phone: 305-248-9649
Fax: 305-248-9650
RESOLUTIO NO: 55
RESOLUTION AUTHORIZING E-)MCUTION OF CONTRACTS
TEE BOARD OF DMCTORS OF Homestead Concrete and Drainage Inc. approves to
authorize Alfredo Cordero to execute contracts on behalf of Homestead Concrete and
Drainer Inc- The forgoing resolution was offered by Darcie Cordero who moved it's
adoption; the motion was second by all board members and upon being put to a vote, the
vote was as follows:
George Roumain Vice President Agreed
Alfred Cordero Jr. Tmasurer Agreed
Darcie Cordero Secretary Agreed
Manuel Apolinario Director Agreed
The Chairperson/President thereupon declared this resolution duly passed and adopted
this 24th day of August, 2004
Signature
Secretary ��'��� 1 r r r r r; -
'Ply Z
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City of Tamarac Purchasing and Contracts Division
Federal Required Contract Provisions
Federal Highway Administration
Funds for this project are derived from federal grants and therefore the successful contractor must comply
with federal guidelines. The federal funds appropriated by the Department of Transportation (DOT),
Federal Highway Administration (FHWA) will be administered through the Florida Department of
Transportation (FDOT or SHA (state highway authority)).
In the event of a conflict between the Federal Requirements listed in this section and other
provisions of the Invitation to Bid, the Federal Requirements will govern and prevail.
GENERAL
(1) These contract provisions shall apply to all work performed on the contract by the
contractor's own organization and with the assistance of workers under the contractor's immediate
superintendence and to all work performed on the contract by piecework, station work, or by subcontract.
(2) Except as otherwise provided for in each section, the contractor shall insert in each
subcontract all of the stipulations contained in these Required Contract Provisions, and further require
their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required
Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract
Provisions.
(3) A breach of any of the stipulations contained in these Required Contract Provisions shall
be sufficient grounds for termination of the contract.
(4) A breach of the following clauses of the Required Contract Provisions may also be
grounds for debarment as provided in 29 CFR 5.12:
Section I, paragraph 2 (General)
Section 8, paragraphs 1, 2, 3, 4, and 7; (Payment of Predetermined Minimum Wage)
Section 9, paragraphs 1 and 2a through 2g. (Statements and Payroll)
(5) Disputes arising out of the labor standards provisions of Section IV (except paragraph 5)
and Section V of these Required Contract Provisions shall not be subject to the general disputes clause
of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S.
Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause
include disputes between the contractor (or any of its subcontractors) and the contracting agency, the
DOL, or the contractor's employees or their representatives.
PREQUALIFICATION.
PLEASE FILL IN WITH YOUR AGENCY'S PREQUALIFICATION CRITERIA. IF THE PROJECT
IS LOCATED ON THE STATE HIGHWAY SYSTEM A FDOT PREQUALIFIED CONTRACTOR MUST BE
PART OF THE PREQUALIFICATION CRITERIA.
CONTRACT AWARD
The contract will be awarded on the basis of the lowest responsive bid submitted by a bidder
meeting the requirements of the Invitation to Bid.
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4. SELECTION OF LABOR
During the performance of this contract, the contractor shall not:
a. discriminate against labor from any other State, possession, or territory of the United States
or
b. employ convict labor for any purpose within the limits of the project unless it is labor
performed by convicts who are on parole, supervised release, or probation.
5. NON-DISCRIMINATION
(1) Contractor Representations. During the performance of the contract, the contractor
agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment without regard to their race, color, religion, sex or national origin. Such
action shall include, bur not be limited to the following: employment, upgrading demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other form of compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notice setting forth the provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advancements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
(c) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice
advising the labor union or workers' representative of the contractor's commitments
under Section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment.
(d) The contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.
(e) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor of purposed of investigation to
ascertain compliance with such rules, regulations and orders.
(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations or orders, this contract may be cancelled,
terminated or suspended in whole or in party and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and other sanctions may be imposed
and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965,
or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
(g) The contractor will include the provisions of sub -paragraphs (a) through (f) in every
City of Tamarac Purchasing and Contracts Division
subcontract of purchase order unless exempted by rules, regulations or orders of the
Secretary of labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for noncompliance: provided, however, that in the event
the contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction, the contractor may requires the Untied States to
enter into such litigation to protect the interests of the United States.
(h) The contractor shall keep such records as are necessary to determine compliance with the
equal employment opportunity obligations. All such records must be maintained for a period
of three (3) years following completion of the contract work and be available at reasonable
times and places for inspection by representatives of the City, FDOT and FHWA.
(2) Eaual Employment Owortunity: Equal employment opportunity (EEO) requirements
not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,
executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the
Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C.
140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities
under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR
60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth
under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this
contract, the contractor agrees to comply with the following minimum specific requirement activities of
EEO:
a. The contractor will work with the City, FDOT and the Federal Government in carrying out
EEO obligations and in their review of his/her activities under the contract.
b. The contractor will accept as his operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed,
and that employees are treated during employment, without regard to their
race, religion, sex, color, national origin, age or disability. Such action shall
include: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship,
preapprenticeship, and/or on-the-job training."
(3) EEO Officer: The contractor will designate and make known to the City and FDOT an
EEO Officer who will have the responsibility for and must be capable of effectively administering and
promoting an active contractor program of EEO and who must be assigned adequate authority and
responsibility to do so.
(4) Dissemination of Policy: All members of the contractor's staff who are authorized to
hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's
EEO policy and contractual responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be met, the following actions will be taken as a
minimum:
Periodic meetings of supervisory and personnel office employees will be
conducted before the start of work and then not less often than once every six
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City of Tamarac Purchasing and Contracts Division
months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough
indoctrination by the EEO Officer, covering all major aspects of the contractor's
EEO obligations within thirty days following their reporting for duty with the
contractor.
C. All personnel who are engaged in direct recruitment for the project will be
instructed by the EEO Officer in the contractor's procedures for locating and
hiring minority group employees.
d. Notices and posters setting forth the contractor's EEO policy will be placed in
areas readily accessible to employees, applicants for employment and potential
employees.
e. The contractor's EEO policy and the procedures to implement such policy will be
brought to the attention of employees by means of meetings, employee
handbooks, or other appropriate means.
(5) Recruitment: When advertising for employees, the contractor will include in all
advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements
will be placed in publications having a large circulation among minority groups in the area from which the
project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct
systematic and direct recruitment through public and private employee referral
sources likely to yield qualified minority group applicants. To meet this
requirement, the contractor will identify sources of potential minority group
employees, and establish with such identified sources procedures whereby
minority group applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining agreement providing for
exclusive hiring hall referrals, he is expected to observe the provisions of that
agreement to the extent that the system permits the contractor's compliance with
EEO contract provisions. (The DOL has held that where implementation of such
agreements have the effect of discriminating against minorities or women, or
obligates the contractor to do the same, such implementation violates Executive
Order 11246, as amended.)
C. The contractor will encourage his present employees to refer minority group
applicants for employment. Information and procedures with regard to referring
minority group applicants will be discussed with employees.
(6) Personnel Actions: Wages, working conditions, and employee benefits shall be
established and administered, and personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color,
religion, sex, national origin, age or disability. The following procedures shall be followed:
City of Tamarac Purchasing and Contracts Division
a. The contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory
treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
C. The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found,
the contractor will promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such corrective action
shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination
made to the contractor in connection with his obligations under this contract, will
attempt to resolve such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the discrimination may
affect persons other than the complainant, such corrective action shall include
such other persons. Upon completion of each investigation, the contractor will
inform every complainant of all of his avenues of appeal.
(7) Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of
minority group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible
under Federal and State regulations, the contractor shall make full use of training
programs, i.e., apprenticeship, and on-the-job training programs for the
geographical area of contract performance. Where feasible, 25 percent of
apprentices or trainees in each occupation shall be in their first year of
apprenticeship or training. In the event a special provision for training is provided.
under this contract, this subparagraph will be superseded as indicated in the
special provision.
C. The contractor will advise employees and applicants for employment of available
training programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of
minority group and women employees and will encourage eligible employees to
apply for such training and promotion.
(8) Unions: If the contractor relies in whole or in part upon unions as a source of employees,
the contractor will use his/her best efforts to obtain the cooperation of such unions to increase
opportunities for minority groups and women within the unions, and to effect referrals by such unions of
minority and female employees. Actions by the contractor either directly or through a contractor's
association acting as agent will include the procedures set forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions,
joint training programs aimed toward qualifying more minority group members
and women for membership in the unions and increasing the skills of minority
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rG asing and Contracts Division
group employees and women so that they may qualify for higher paying
employment.
b. The contractor will use best efforts to incorporate an EEO clause into each union
agreement to the end that such union will be contractually bound to refer
applicants without regard to their race, color, religion, sex, national origin, age or
disability.
C. The contractor is to obtain information as to the referral practices and policies of
the labor union except that to the extent such information is within the exclusive
possession of the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to the SHA and shall
set forth what efforts have been made to obtain such information.
In the event the union is unable to provide the contractor with a reasonable flow of
minority and women referrals within the time limit set forth in the collective bargaining
agreement, the contractor will, through independent recruitment efforts, fill the
employment vacancies without regard to race, color, religion, sex, national origin, age
or disability; making full efforts to obtain qualified and/or qualifiable minority group
persons and women. (The DOL has held that it shall be no excuse that the union with
which the contractor has a collective bargaining agreement providing for exclusive
referral failed to refer minority employees.) In the event the union referral practice
prevents the contractor from meeting the obligations pursuant to Executive Order
11246, as amended, and these special provisions, such contractor shall immediately
notify the SHA.
(9) Selection of Subcontractors, Procurement of Materials and Leasing of Equipment:
The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or
disability in the selection and retention of subcontractors, including procurement of materials and leases
of equipment.
a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO
obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal
opportunity to compete for and perform subcontracts which the contractor enters into
pursuant to this contract. The contractor will use his best efforts to solicit bids from and to
utilize DBE subcontractors or subcontractors with meaningful minority group and female
representation among their employees. Contractors shall obtain lists of DBE construction
firms from FDOT.
C. The contractor will use his best efforts to ensure subcontractor compliance with their EEO
obligations.
(10) Records and Reports: The contractor shall keep such records as necessary to
document compliance with the EEO requirements. Such records shall be retained for a period of five.
years following completion of the contract work and shall be available at reasonable times and places for
inspection by authorized representatives of the City, FDOT and/or the FHWA.
a. The records kept by the contractor shall document the following:
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City of Tamarac Purchasing and Contracts Division
1. The number of minority and non -minority group members and women employed
in each work classification on the project;
2. The progress and efforts being made in cooperation with unions, when
applicable, to increase employment opportunities for minorities and women;
3. The progress and efforts being made in locating, hiring, training, qualifying, and
upgrading minority and female employees; and
4. The progress and efforts being made in securing the services of DBE
subcontractors or subcontractors with meaningful minority and female
representation among their employees.
b. The contractor will submit an annual report to FDOT each July for the duration of the project,
indicating the number of minority, women, and non -minority group employees currently
engaged in each work classification required by the contract work. This information is to be
reported on Form FHWA-1391. If on-the-job training is being required by special provision,
the contractor will be required to collect and report training data.
6. CIVIL RIGHTS
The following requirements will apply to the awarded contract and any sub -contracts:
(1) g. In accordance with section 4 of the Age Discrimination in Employment Act of 1967,
as amended, 29 U.S.C. §623, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the
Contractor agrees to comply with any implementing requirements FHWA may issue.
(2) Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 U.S.C. §12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed
in whole or in part with Federal assistance.
7. NONSEGREGATED FACILITIES
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or
more.)
a. By submission of this bid, the execution of the contract or subcontract, or the
consummation of this material supply agreement or purchase order, as appropriate, the
bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor,
as appropriate, certifies that the firm does not maintain or provide for its employees any
segregated facilities at any of its establishments, and that the firm does not permit its
employees to perform their services at any location, under its control, where segregated
facilities are maintained. The firm agrees that a breach of this certification is a violation of
the EEO provisions of this contract. The firm further certifies that no employee will be
denied access to adequate facilities on the basis of sex or disability.
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City of Tamarac Purchasing and Contracts Division
b. As used in this certification, the term "segregated facilities" means any waiting rooms,
work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks,
locker rooms, and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for
employees which are segregated by explicit directive, or are, in fact, segregated on the
basis of race, color, religion, national origin, age or disability, because of habit, local
custom, or otherwise. The only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
C. The contractor agrees that it has obtained or will obtain identical certification from
proposed subcontractors or material suppliers prior to award of subcontracts or
consummation of material supply agreements of $10,000 or more and that it will retain
such certifications in its files.
8. PAYMENT OF PREDETERMINED MINIMUM WAGE
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural minor
collectors, which are exempt.)
(1) General
a. All mechanics and laborers employed or working upon the site of the work will be paid
unconditionally and not less often than once a week and without subsequent deduction or
rebate on any account [except such payroll deductions as are permitted by regulations
(29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)]
the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment. The payment shall be computed at wage rates not less than those
contained in the wage determination of the Secretary of Labor (hereinafter "the wage
determination") which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor or its
subcontractors and such laborers and mechanics. The wage determination (including any
additional classifications and wage rates conformed under paragraph 2 of this Section IV
and the DOL poster (WH-1321) or Form FHWA-1495) shall be posted at all times by the
contractor and its subcontractors at the site of the work in a prominent and accessible
place where it can be easily seen by the workers. For the purpose of this Section,
contributions made or costs reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or
mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section,
regular contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs, which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits
on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in paragraphs 4 and 5 of this Section IV.
b. Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked
therein, provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed.
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C. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29
CFR 1, 3, and 5 are herein incorporated by reference in this contract.
(2) Classification
a. The City and/or FDOT shall require that any class of laborers or mechanics employed
under the contract, which is not listed in the wage determination, shall be classified in
conformance with the wage determination.
The City and/or FDOT shall approve an additional classification, wage rate and fringe
benefits only when the following criteria have been met:
1. the work to be performed by the additional classification requested is not
performed by a classification in the wage determination;
2. the additional classification is utilized in the area by the construction industry;
3. the proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination;
and
4. with respect to helpers, when such a classification prevails in the area in which
the work is performed.
C. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known)
to be employed in the additional classification or their representatives, and the
contracting officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
In the event the contractor or subcontractors, as appropriate, the laborers or mechanics
to be employed in the additional classification or their representatives, and the
contracting officer do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation
of the contracting officer, to the Wage and Hour Administrator for determination. Said
Administrator, or an authorized representative, will issue a determination within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary
e. The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the
additional classification from the first day on which work is performed in the classification.
* The U.S. Department of Labor Wage Rates applicable to this contract are listed in
Wage Rate Decision Number FL32, as modified up through ten days prior to the bid
opening. The Wage Tables are included in this document. Review the Wage Tables for
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City of Tamarac Purchasing and Contracts Division
all classifications necessary to complete the project. If needed, request additional
classifications needed prior to bid opening. General guidance on the use of Wage Tables
is available on the FDOT website at www.dot.state.fl.us/construction/Wage.htm. The
FDOT Wage Rate Coordinator may be contacted at 850-414-4251.
(3) Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an hourly case
equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or
other third person, he/she may consider as a part of the wages of any laborer or
mechanic the amount of any costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, provided, that the Secretary of Labor has found, upon
the written request of the contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the contractor to set aside in a
separate account assets for the meeting of obligations under the plan or program.
(4) Aggre_ntices_and _Trainees (Programs of the U.S. DOL) and Helpers:
a. Apprentices:
Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the DOL,
Employment and Training Administration, Bureau of Apprenticeship and Training,
or with a State apprenticeship agency recognized by the Bureau, or if a person is
employed in his/her first 90 days of probationary employment as an apprentice in
such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and
Training or a State apprenticeship agency (where appropriate) to be eligible for
probationary employment as an apprentice.
2. The allowable ratio of apprentices to journeyman -level employees on the job site
in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable
wage rate listed in the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess
of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the work actually performed.
Where a contractor or subcontractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman -level hourly rate) specified in
the contractor's or subcontractor's registered program shall be observed.
3. Every apprentice must be paid at not less than the rate specified in the registered
program for the apprentice's level of progress, expressed as a percentage of the
journeyman -level hourly rate specified in the applicable wage determination.
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City of Tamarac Purchasing and Contracts Division
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator for the
Wage and Hour Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination.
4. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship
agency recognized by the Bureau, withdraws approval of an apprenticeship
program, the contractor or subcontractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the comparable
work performed by regular employees until an acceptable program is approved.
b. Trainees:
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior
approval, evidenced by formal certification by the DOL, Employment and Training
Administration.
The ratio of trainees to journeyman -level employees on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Any employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable
wage rate on the wage determination for the work actually performed.
3. Every trainee must be paid at not less than the rate specified in the approved
program for his/her level of progress, expressed as a percentage of the
journeyman -level hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed on the wage determination
unless the Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding journeyman -level
wage rate on the wage determination which provides for less than full fringe
benefits for apprentices, in which case such trainees shall receive the same
fringe benefits as apprentices.
4. In the event the Employment and Training Administration withdraws approval of a
training program, the contractor or subcontractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
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City of Tamarac
C. Helpers:
Purchasing and Contracts Division
Helpers will be permitted to work on a project if the helper classification is
specified and defined on the applicable wage determination or is approved
pursuant to the conformance procedure set forth in Section IV.2. Any worker
listed on a payroll at a helper wage rate, who is not a helper under an approved
definition, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
(5) Apprentices and Trainees (Programs of the U.S. DOT):
Apprentices and trainees working under apprenticeship and skill training
programs which have been certified by the Secretary of Transportation as promoting
EEO in connection with Federal -aid highway construction programs are not subject to the
requirements of paragraph 4 of this Section. The straight time hourly wage rates for
apprentices and trainees under such programs will be established by the particular
programs. The ratio of apprentices and trainees to journeymen shall not be greater than
permitted by the terms of the particular program.
(6) Withholding:
The City shall upon its own action or upon written request of FDOT or an
authorized representative of the DOL, withhold, or cause to be withheld, from the
contractor or subcontractor under this contract or any other Federal contract with the
same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon
prevailing wage requirements which is held by the same prime contractor, as much of the
accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the contract. In the event of
failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the work, all or part of the wages required by the
contract, FDOT may, after written notice to the contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(7) Overtime Requirements:
No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers, mechanics, watchmen, or guards
(including apprentices, trainees, and helpers described in paragraphs 4 and 5 above)
shall require or permit any laborer, mechanic, watchman, or guard in any workweek in
which he/she is employed on such work, to work in excess of 40 hours in such workweek
unless such laborer, mechanic, watchman, or guard receives compensation at a rate not
less than one -and -one-half times his/her basic rate of pay for all hours worked in excess
of 40 hours in such workweek.
(8) Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of
the clause set forth in paragraph 7 above, the contractor and any subcontractor
responsible thereof shall be liable to the affected employee for his/her unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in the
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City of Tamarac Purchasing and Contracts Division
case of work done under contract for the District of Columbia or a territory, to such
District or to such territory) for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer, mechanic, watchman, or guard
employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each
calendar day on which such employee was required or permitted to work in excess of the
standard work week of 40 hours without payment of the overtime wages required by the
clause set forth in paragraph 7.
(9) Withholding for Unpaid Wages and Liquidated Damages:
The City or FDOT shall upon its own action or upon written request of any
authorized representative of the DOL withhold, or cause to be withheld, from any monies
payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in paragraph 8 above.
(Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related
subcontracts, except for projects located on roadways classified as local roads or rural collectors,
which are exempt.)
(1) Compliance with Copeland Regulations (29 CFR 3):
The contractor shall comply with the Copeland Regulations of the Secretary of Labor
which are herein incorporated by reference.
(2) Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be maintained by the contractor
and each subcontractor during the course of the work and preserved for a period
of 3 years from the date of completion of the contract for all laborers, mechanics,
apprentices, trainees, watchmen, helpers, and guards working at the site of the
work.
b. The payroll records shall contain the name, social security number, and address
of each such employee; his or her correct classification; hourly rates of wages
paid (including rates of contributions or costs anticipated for bona fide fringe
benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of
the Davis Bacon Act); daily and weekly number of hours worked; deductions
made; and actual wages paid. In addition, for Appalachian contracts, the payroll
records shall contain a notation indicating whether the employee does, or does
not, normally reside in the labor area as defined in Attachment A, paragraph 1.
Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has
found that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in
Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor
shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, that the plan or
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program has been communicated in writing to the laborers or mechanics
affected, and show the cost anticipated or the actual cost incurred in providing
benefits. Contractors or subcontractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of
apprentices and trainees, and ratios and wage rates prescribed in the applicable
programs.
C. Each contractor and subcontractor shall furnish, each week in which any contract
work is performed, to the SHA resident engineer a payroll of wages paid each of
its employees (including apprentices, trainees, and helpers, described in Section
IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the
preceding weekly payroll period). The payroll submitted shall set out accurately
and completely all of the information required to be maintained under paragraph
2b of this Section V. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from
the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S.
Government Printing Office, Washington, D.C. 20402. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his/her agent who pays or
supervises the payment of the persons employed under the contract and shall
certify the following:
1. that the payroll for the payroll period contains the information required to
be maintained under paragraph 2b of this Section V and that such information is
correct and complete;
2, that such laborer or mechanic (including each helper, apprentice, and
trainee) employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in the Regulations, 29
CFR 3;
3. that each laborer or mechanic has been paid not less that the applicable
wage rate and fringe benefits or cash equivalent for the classification of worked
performed, as specified in the applicable wage determination incorporated into
the contract.
The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for
submission of the "Statement of Compliance" required by paragraph 2d of this
Section V.
The falsification of any of the above certifications may subject the contractor to
civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records required under paragraph
2b of this Section available for inspection, copying, or transcription by authorized
representatives of the City, FDOT, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them
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available, the City, FDOT, the FHWA, the DOL, or all may, after written notice to
the contractor, sponsor, applicant, or owner, take such actions as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action
pursuant to 29 CFR 5.12.
10. RECORD OF MATERIALS, SUPPLIES,AND LABOR
(1) On all Federal -aid contracts on the National Highway System, except those which
provide solely for the installation of protective devices at railroad grade crossings, those which
are constructed on a force account or direct labor basis, highway beautification contracts, and
contracts for which the total final construction cost for roadway and bridge is less than $1,000,000
(23 CFR 635) the contractor shall:
a. Become familiar with the list of specific materials and supplies contained in Form FHWA-
47, "Statement of Materials and Labor Used by Contractor of Highway Construction
Involving Federal Funds," prior to the commencement of work under this contract.
b. Maintain a record of the total cost of all materials and supplies purchased for and
incorporated in the work, and also of the quantities of those specific materials and
supplies listed on Form FHWA-47, and in the units shown on Form FHWA-47.
C. furnish, upon the completion of the contract, to the SHA resident engineer on Form
FHWA-47 together with the data required in paragraph 1 b relative to furnished materials
and supplies, a final labor summary of all contract work indicating the total hours worked
and the total amount earned.
(2) At the prime contractor's option, either a single report covering all contract work or
separate reports for the contractor and for each subcontract shall be submitted.
11. SUBLETTING OR ASSIGNING THE CONTRACT
(1) The contractor shall perform with its own organization contract work amounting to not
less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the
total original contract price, excluding any specialty items designated by the State.
Specialty items may be performed by subcontract and the amount of any such specialty
items performed may be deducted from the total original contract price before computing
the amount of work required to be performed by the contractor's own organization (23
CFR 635).
a. "Its own organization" shall be construed to include only workers employed and
paid directly by the prime contractor and equipment owned or rented by the
prime contractor, with or without operators. Such term does not include
employees or equipment of a subcontractor, assignee, or agent of the prime
contractor.
"Specialty Items" shall be construed to be limited to work that requires highly
specialized knowledge, abilities, or equipment not ordinarily available in the type
of contracting organizations qualified and expected to bid on the contract as a
whole and in general are to be limited to minor components of the overall
contract.
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(2) The contract amount upon which the requirements set forth in paragraph 1 of Section VII
is computed includes the cost of material and manufactured products which are to be
purchased or produced by the contractor under the contract provisions.
(3) The contractor shall furnish (a) a competent superintendent or supervisor who is
employed by the firm, has full authority to direct performance of the work in accordance
with the contract requirements, and is in charge of all construction operations (regardless
of who performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the SHA contracting officer
determines is necessary to assure the performance of the contract.
(4) No portion of the contract shall be sublet, assigned or otherwise disposed of except with
the written consent of the SHA contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the contractor of any responsibility
for the fulfillment of the contract. Written consent will be given only after the SHA has
assured that each subcontract is evidenced in writing and that it contains all pertinent
provisions and requirements of the prime contract.
12. SAFETY: ACCIDENT PREVENTION
(1) In the performance of this contract the contractor shall comply with all applicable Federal,
State, and local laws governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and protective equipment and take
any other needed actions as it determines, or as the City or MOT may determine to be
reasonably necessary to protect the life and health of employees on the job and the
safety of the public and to protect property in connection with the performance of the
work covered by the contract.
(2) It is a condition of this contract, and shall be made a condition of each subcontract, which
the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in
surroundings or under conditions which are unsanitary, hazardous or dangerous to
his/her health or safety, as determined under construction safety and health standards
(29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
(3) Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or
authorized representative thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance with the construction
safety and health standards and to carry out the duties of the Secretary under Section
107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333).
13. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS
In order to assure high quality and durable construction in conformity with approved plans and
specifications and a high degree of reliability on statements and representations made by
engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that
all persons concerned with the project perform their functions as carefully, thoroughly, and
honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts
related to the project is a violation of Federal law. To prevent any misunderstanding regarding the
seriousness of these and similar acts, the following notice shall be posted on each Federal -aid
highway project (23 CFR 635) in one or more places where it is readily available to all persons
concerned with the project:
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City of Tamarac Purchasing and Contracts Division
NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory,
or whoever, whether a person, association, firm, or corporation, knowingly makes any false
statement, false representation, or false report as to the character, quality, quantity, or cost of the
material used or to be used, or the quantity or quality of the work performed or to be performed,
or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or
costs of construction on any highway or related project submitted for approval to the Secretary of
Transportation; or
Whoever knowingly makes any false statement, false representation, false report or false claim
with respect to the character, quality, quantity, or cost of any work performed or to be performed,
or materials furnished or to be furnished, in connection with the construction of any highway or
related project approved by the Secretary of Transportation, or
Whoever knowingly makes any false statement or false representation as to material fact in any
statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act
approved July 1, 1916, (39 Stat. 355), as amended and supplemented
Shall be fined not more that $10, 000 or imprisoned not more than 5 years or both. "
14. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL
ACT
(Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or
more.)
By submission of this bid or the execution of this contract, or subcontract, as appropriate, the
bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to
have stipulated as follows:
(1) That any facility that is or will be utilized in the performance of this contract, unless such
contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as
amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et sec.., as amended by Pub-L. 92-500), Executive Order
11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of
contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20.
(2) That the firm agrees to comply and remain in compliance with all the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control
Act and all regulations and guidelines listed thereunder.
(3) That the firm shall promptly notify the SHA of the receipt of any communication from the
Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized
for the contract is under consideration to be listed on the EPA List of Violating Facilities.
(4) That the firm agrees to include or cause to be included the requirements of paragraph 1
through 4 of this Section X in every nonexempt subcontract, and further agrees to take
such action as the government may direct as a means of enforcing such requirements.
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15. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION
(1) Instructions for Certification — Prime Contractor:
(Applicable to all Federal -aid contracts - 49 CFR 29)
a. By signing and submitting this proposal, the prospective primary participant is
providing the certification set out below.
b. The inability of a person to provide the certification set out below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into
this transaction. However, failure of the prospective primary participant to furnish
a certification or an explanation shall disqualify such a person from participation
in this transaction.
c. The certification in this clause is a material representation of fact upon which
reliance was placed when the department or agency determined to enter into this
transaction. If it is later determined that the prospective primary participant
knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the department or agency may terminate
this transaction for cause of default.
d. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if any time the
prospective primary participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the department or
agency to which this proposal is submitted for assistance in obtaining a copy of
those regulations.
f. The prospective primary participant agrees by submitting this proposal that,
should the proposed covered transaction be entered into, it shall not knowingly
enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency entering into
this transaction.
g. The prospective primary participant further agrees by submitting this proposal
that it will include the clause titled "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
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Purchasing and Contracts Division
h. A participant in a covered transaction may rely upon a certification of a
prospective participant in a lower tier covered transaction that is not debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to, check the nonprocurement portion of the
"Lists of Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Nonprocurement List) which is compiled by the General Services
Administration.
i. Nothing contained in the foregoing shall be construed to require establishment of
a system of records in order to render in good faith the certification required by
this clause. The knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
j. Except for transactions authorized under paragraph f of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may terminate
this transaction for cause or default.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary
Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal department or
agency;
b. Have not within a 3-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses enumerated
in paragraph 1 b of this certification; and
d. Have not within a 3-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
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(2) Instructions for Certification - Subcontracts:
(Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or
more - 49 CFR 29)
a. By signing and submitting this proposal, the prospective lower tier is providing the
certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or
agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
C. The prospective lower tier participant shall provide immediate written notice to the person
to which this proposal is submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered
transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections
of rules implementing Executive Order 12549. You may contact the person to which this
proposal is submitted for assistance in obtaining a copy of those regulations.
e. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by
the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower
tier covered transactions and in all solicitations for lower tier covered transactions.
g. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended, ineligible,
or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List.
h. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this clause.
The knowledge and information of participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant
in a covered transaction knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily excluded from participation
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City of Tamarac Purchasing and Contracts Division
in this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available
remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
-- Subcontracts and Purchase Orders:
1. The prospective lower tier participant certifies, by submission of this proposal,
that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed
$100,000 - 49 CFR 20)
(1) The prospective participant certifies, by signing and submitting this bid or proposal, to the
best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
(2) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
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(3) The prospective participant also agrees by submitting his or her bid or proposal that he or
she shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such recipients shall certify and
disclose accordingly.
17. BUY AMERICA
All steel or iron used must be produced in the United States, in accordance with 23 CFR 635.410, as
amended. All manufacturing processes, including grinding, drilling, welding, finishing or application of a
coating, for such steel or iron materials, must occur in the United States. Coating includes all processes
which protect or enhance the value of the material to which the coating is applied. If domestic steel or
iron is taken outside of the United States for any process, it becomes foreign source material. If steel or
iron will be a component of any manufactured product incorporated into the project, these same
provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when
the cost of such foreign materials doe not exceed $2,500.
The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or
noncompliance with Buy America. A certification form is attached.
The contractor will also be required to provide, prior to incorporating the materials into the Project,
certifications from the producer of steel or iron, or any produce containing steel or iron as a component,
stating that all steel or iron furnished was produced entirely within the United States or was produced
within the United States except for minimal quantities of foreign steel and iron valued at ($insert actual
value).
18. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
(1) Policy. The contractor shall ensure that Disadvantaged Business Enterprises, as
defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of
this project. In this regard, the contractor shall take all necessary and reasonable steps in accordance
with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises
have the opportunity to compete for and perform contracts or subcontracts with respect to this Project.
(2) DBE Availability Goal Percentage. The DBE Goal Percentage for this project is 7.9%.
This DBE availability goal percentage is not a mandatory contract specification, but it is a guide to inform
the contractor of the work that could reasonably be contracted to a DBE.
(3) DBE Certification. Only DBE firm(s) certified by the FDOT Equal Opportunity Office
shall be considered disadvantaged business enterprises for the purposes of this bid and any resulting
contract. To verify whether a firm is certified as a DBE for the work being performed, the contractor must
refer to the DBE Directory published by the FDOT Equal Opportunity Office on the Internet at:
www.dot.state.fl.us/equalopportu nitoffice/ or through the Florida Unified Certification Program at
www.bir)incwebapps.com/biznetflorida/. If the Internet is not available, call the Equal Opportunity Office
for verification at (850) 414-4747.
(4) Anticipated DBE Participation Statement. Contractor shall complete and submit the
Anticipated DBE Participation Statement prior to the pre -construction conference through the FDOT
Equal Opportunity Office on the Internet. A hard copy of the Statement should also be provided the pre -
construction conference. The Statement must only include companies certified as a DBE. The
Statement can and should be updated when additions or deletions are made through the life of the
contract. This will not become a mandatory part of the contract.
When reporting anticipated DBE utilization or actual payments, the following guidelines
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City of Tamarac Purchasing and Contracts Division
prescribed in the 49 C.F.R. Part 26 shall apply:
a) When a DBE participates in a contract, count only the value of the work actually
performed by the DBE toward DBE participation.
b) Count expenditures to a DBE contractor toward DBE goals only if the DBE is
performing a commercially useful function on the project.
c) Follow the DBE reporting guidelines established by FDOT.
(5) Revorting. Contractor shall report monthly, through the MOT Equal Opportunity
Reporting System on the FDOT website, actual payment, retainage, DBE status and work type of all
subcontractors and major suppliers. Contractor shall develop a record keeping system to monitor DBE
participation including the following:
i) number and dollar value of contracts awarded to DBE subcontractors.
ii) a description of the general categories of subcontracts awarded to DBEs.
iii) the specific efforts employed to identify and award subcontracts to DBEs.
All records relating to DBE participation and subcontracts shall be maintained for a period of five (5) years
following acceptance of final payment. All such records shall be available for inspection by the City,
FDOT or the Federal Highway Administration upon request.
19. BID OPPORTUNITY LIST.
Federal regulations require the bidder to report on all firms that bid or quote subcontracts on
FDOT-assisted projects, including both DBEs and non -DBEs. The Bid Opportunity List form must be
completed by all bidders identifying ALL subcontractor who quoted to bidder for this project and contract.
A form Bid Opportunity List form is attached and must be submitted with the bid proposal.
20. NON -COLLUSION
Bidder shall submit the included Non -Collusion Certification with its bid proposal, certifying that
the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion,
or otherwise taken any action, in restraint of free competitive bidding in connection with its bid.
Failure to submit the certification with the bid will make the bid non -responsive and not eligible for
award consideration.
21. STANDARDIZED CHANGED CONDITIONS CLAUSE
(1) Differino site conditions.
a) During the progress of the work, if subsurface or latent physical conditions are
encountered at the site differing materially from those indicated in the contract or
if unknown physical conditions of an unusual nature, differing materially form
those ordinarily encountered and generally recognized as inherent in the work
provided for in the contract re encountered at the site, the party discovery such
conditions shall promptly notify the other party in writing of the specific differing
conditions before the site is disturbed and before the affected work is performed.
b) Upon written notification, the engineer will investigate the conditions, and if it is
determined that the conditions materially differ and cause an increase or
decrease in the cost or time required for the performance of any work under the
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contact, an adjustment, excluding anticipated profits, will be made and the
contract modified in writing accordingly. The engineer will notify the contractor of
the determination whether or not an adjustment of the contract is warranted.
c) No contract adjustment which results in a benefit to the contractor will be allowed
unless the contractor has provided the required written notice.
d) No contract adjustment will be allowed under this clause for any effects caused
on unchanged work.
(2) Suspensions of work ordered by the en ineer.
a) If the performance of all or any portion of the work is suspended or delayed by
the engineer in writing for an unreasonable period of time (not originally
anticipated, customary, or inherent to the construction industry) and the
contractor believes that additional compensation and/or contract time is due as a
result of such suspension or delay, the contractor shall submit to the engineer in
writing a request for adjustment within 7 calendar days of receipt of the notice to
resume work. The request shall set forth the reasons and support for such
adjustment.
b) Upon receipt, the engineer will evaluate the contractor's request. If the engineer
agrees that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by
conditions beyond the control of and not the fault of the contractor, its suppliers,
or subcontractors at any approved tier, and not caused by weather, the engineer
will make an adjustment (excluding profit) and modify the contract in writing
accordingly. The contractor will be notified of the engineer's determination
whether or not an adjustment of the contract is warranted.
c) No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
d) No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided or excluded under any other term or condition of
this contract.
(3) Significant Changes in the Character of Work.
a) The engineer reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to
satisfactorily complete the project. Such changes in quantities and alterations
shall not invalidate the contract nor release the surety, and the contractor agrees
to perform the work as altered.
b) If the alterations or changes in quantities significantly change the character of the
work under the contract, whether such alterations or changes are in themselves
significant changes to the character of the work or by affecting other work cause
such other work to become significantly different in character, an adjustment,
excluding anticipated profit, will be made to the contract. The basis for the
adjustment shall be agreed upon prior to the performance of the work If a basis
cannot be agreed upon, then an adjustment will be made either for or against the
contractor in such amount as the engineer may determine to be fair and
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equitable.
c) If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work will be
paid for as provided elsewhere in the contract.
d) The term "significant change" shall be construed to apply only to the following
circumstances:
1) When the character of the work as altered differs materially in kind or
nature from that involved or included in the original proposed construction; or
2) When a major item of work, as defined elsewhere in the contract, is
increased in excess of 125 percent or decreased below 75 percent of the original
contract quantity. Any allowance for an increase in quantity shall apply only to
that portion in excess of 125 percent of original contract item quantity, or in case
of a decrease below 75 percent, to the actual amount of work performed.
22. CHANGE ORDERS
Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA)
approval shall be required on all construction contract changes. All such changes shall be documented
on the FHWA Approval -Major and Minor Construction Changes, Form No. 700-010-47.
23. TIME EXTENSIONS.
The City may grant an extension of Contract Time when it add s new work items or provides for
unforeseen work, provided that the additional work actually impacts the contract critical path completion
schedule. The City may also grant an extension of Contract Time when a critical path item of work is
delayed by factors not reasonably anticipated or foreseeable at the time of bid or if failure of the City to
fulfill an obligation under the contract results in delays to the schedule critical path. The City may
consider the delays in delivery of materials or equipment that affect progress on a critical item of work as
the basis for granting a time extension if such delays are beyond the control of the Contractor. Requests
for time extensions due to delay in the delivery of custom manufactured equipment or fixtures will not be
considered unless the contractor furnishes documentation that the order was placed in a timely manner
and the lack of such equipment cased a delay in progress on a critical item.
Extensions of Contract Time will not be granted for delays due to the fault or negligence of the
Contractor.
No allowance for inclement weather should be made in establishing the Contract Time. The City
may grant time extensions on a day for day basis for delays caused only by inclement weather conditions
that prevent the contractor from productively performing critical path items where: (i) the contractor is
unable to work at least 50% of the day on a pre -determined critical path item due to the weather; or (ii)
the contractor must make major repairs to work damaged by weather provided that the damage is not due
to the contractor's failure to perform and that the contractor is unable to work at least 50% of the day on
pre -determined critical path items.
24. LIQUIDATED DAMAGES
Applicable liquidated damages will be assessed in the following amount: $300/day.
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25. CONTRACT CLAIMS BY CONTRACTOR
Should the contractor intend to file a claim for additional monetary compensation, time or other
adjustments to the contract and the City disputes the contractor's entitlement to the claim or the impact of
the claim, Contractor must provide written notification to the City of contractors intent to file a claim. This
notice must be given before the contractor begins any work on which the claim is based. Failure of the
contractor to notify the City before beginning work on any disputed items waives the contractor's right to
claim. The contractor's notice of intent to file a claim should contain:
(1) A statement as to what changed, including a description of the nature and extent of the
change.
(2) An indication of who directed or what caused the change.
(3) A description of how the change has or will impact the contractor, including reference to
any impacted critical activities on the contractor's latest accepted schedule update.
(4) A statement of damages, or an estimate of damages if available, detailing the amount of
compensation, time and/or other adjustment to the contract that is being requested.
26. DRUG -FREE WORKPLACE CERTIFICATION
In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug -free
workplace. The bidder shall complete and submit with its bid proposal the attached certification. Failure
to include an executed certification may cause the bid proposal to be considered non -responsive.
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27. SUSPENSION AND DEBARMENT
The bidder shall complete and submit with its bid proposal the certification regarding debarment form
included in this package, or an explanation as provided herein. The inability to provide the certification
will not necessarily result in denial of participation in the project. The bidder shall submit an explanation
of why it cannot provide the requested certification, which will be considered in evaluation of the bidder's
bid package. However, failure by a bidder to furnish a certification or an explanation shall disqualify such
bidder from this project.
The bidder agrees by submitting its bid that should it be awarded the contract, it will not knowingly enter
into any sub -contracts for this project with a person who is debarred, suspended, declared ineligible or
excluded from participation in this transaction. The bidder further agrees that it will require the same
certification in all solicitations for and from all sub -contractors on the project.
The certification is a material representation of fact upon which the City will rely. If it is later determined
that the bidder rendered an erroneous certification, or knowingly entered into a sub -contract with a
subcontractor who is debarred, suspended or ineligible, the City may terminate the contract for cause of
default.
28. EQUIPMENT
(1) Publicly Owned Equipment ' The policy definition of publicly owned equipment is ". .
equipment previously purchased or otherwise acquired by the public agency involved for use in its own
operations." the policy goes on to state that "... publicly owned equipment should not normally compete
with privately owned equipment on a project to be let to contract."
(2). Equipment Rental Rates. Contractor shall comply with the cost principles and
procedures set forth in 48 C.F.R. Part 31. Reasonable costs of renting construction equipment are
allowable; but the allowability of charges of equipment rentals from any division, subsidiary of
organization under common control of contractor will be determined in accordance with 48 C.F.R. Sec.
31.205-36(b)(3).
29. MATERIALS
(1) Source of Supply; Convict Labor. Materials produced by convict labor are
prohibited from use on this project unless specific written authority for such use is obtained from FDOT
and: (i) such materials are produced by convicts on parole, supervised release, or probation from a
prison.
(2) No Local Preference. The contractor must furnish all materials to be incorporated in the
work, and the contractor shall be permitted to select the sources from which the materials are to be
obtained. The City shall not impose any requirement or enforce any procedure which operates to require
the use of, or provides a price differential in favor of, articles or materials produced within the State.
30. SALVAGE CREDITS.
There will be no credit to the project as a result of salvaged materials or equipment.
31. SUBCONTRACTING
(1) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent
of contract work with its own organization. This percentage shall be of the original contract price,
exclusive of specialty items, but include the cost of materials and manufactured products purchased or
produced by the prime contractor.
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(2) Subcontract approval. No portion of the work may be sublet, assigned, or otherwise
subcontracted without the written consent of the City. Subcontract approval shall be based on
satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions. The
approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract.
32. ACCESS TO RECORDS
(1) The Contractor agrees to provide the City, FDOT, FHWA, the Comptroller General of the
United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to the
contract for the purposes of making audits, examinations, excerpts and transcriptions.
(2) The Contractor agrees to maintain all books, records, accounts and reports required
under the contract for a period of not less than five years after the date of termination or
expiration of the contract, except in the event of litigation or settlement of claims arising
from the performance of the contract, in which case Contractor agrees to maintain same
until the City, the FTA Administrator, the Comptroller General, or any of their duly
authorized representatives, have disposed of all such litigation, appeals, claims or
exceptions related thereto.
33. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to the underlying contract or the FHWA assisted project
for which this contract work is being performed. In addition to other penalties that may
be applicable, the Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud
Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FHWA, the Government reserves the right
to impose the penalties of 18 U.S.C. §1001 and 49 U.S.C. §5307(n)(1) on the
Contractor, to the extent the Federal Government deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FHWA. It is further agreed that the
clauses shall not be modified, except to identify the subcontractor who will be subject to
the provisions.
34. NO OBLIGATION BY THE FEDERAL GOVERNMENT
(1) Absent the express written consent by the Federal Government, the Federal
Government or the Federal Highway Authority is not a party to the contract and shall not
be subject to any obligations or liabilities to the City, Contractor, or any other party
(whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
City of Tamarac
Purchasing and Contracts Division
(2) The Contractor agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FHWA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to
its provisions.
Intentionally Left Blank
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GENERAL CONDITIONS AND TERMS
Purchasing and Contracts Division
Section
Caption
GC 1
Definitions
GC 2
Execution, Correlation and Intent
GC 3
Contractor Liable and Responsible to Owner
GC 4
Engineer's Status
GC 5
Design, Drawings and Specifications
GC 6
Materials, Labor, Equipment
GC 7
Permit and Fees
GC 7a
Quality Assurance
GC 8
Project Manager
GC 9
Subcontractors and Suppliers
GC 10
Contractor Meetings
GC 11
Scheduling
GC 12
Schedule of Values
GC 13
Land for Work
GC 14
Survey, Lines and Grade
GC 15
Site Conditions
GC 16
Subsoil Conditions
GC 17
Surface and Subsurface Water
GC 18
Contractor Work Area
GC 19
Contractor -Furnished Materials, Equipment and Workmanship
GC 20
Protection of the Work and Property
GC 21
Utilities
GC 22
Delivery Unloading and Storage
GC 23
Fire Protection
GC 24
Illumination
GC 25
Dust Control
GC 26
Pollution Control
GC 27
Explosives and Hazardous Materials
GC 28
Labor
GC 29
Safety
GC 30
Progress
GC 31
Inspection
GC 32
Testing
GC 33
Substitution
GC 34
Correction of Defective Materials or Workmanship
GC 35
Correction of Work
GC 36
Owner's Right to Correct or Complete Work
GC 37
Changes in Work
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GC 38
Use of Completed Portions
GC 39
Cleaning Up
GC 40
Basic Requirements Prior to Substantial Completion
GC 41
Final Inspection and Acceptance
GC 42
Extension of Time
GC 43
No Damages for Delay; Exclusive Remedy
GC 44
Payment Procedure
GC 45
Liens
GC 46
Surety or Performance Bond
GC 47
Insurance
GC 48
Indemnity
GC 49
Dispute Resolution
GC 50
Owner's Right to Terminate Contract for Cause
GC 51
Suspension or Termination by Owner for Convenience
GC 52
Contractor Obligations Upon Termination
GC 53
Removal of Equipment
GC 54
Warranty
GC 55
Royalties and Patents
GC 56
Verbal Agreements
GC 57
Miscellaneous Provisions
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GC 1 DEFINITIONS
(a) The "Owner", the "Contractor", and the "Engineer" are treated throughout the Contract as
if each were of the singular number and masculine gender.
(b) "Engineer" shall be used and shall be understood to mean the professional engineer or
architect consultant retained by the City or the designed staff engineer of the Public Utilities Department
of the City/County.
(c) "Subcontractor" includes only those having a direct contract with the Contractor, and it
includes one who furnishes material worked to a special design according to the plans and specifications
of this work but does not include one who merely furnishes material not so worked.
(d) The term "work" means the construction services required by the Contract Documents/
this Agreement and requires all labor, materials and services to be provided by the Contractor to fulfill the
Contractor's obligations under this Agreement.
GC 2 EXECUTION CORRELATION AND INTENT OF DOCUMENTS:
The Contract Documents shall be executed in two original sets by Owner and Contractor. The Contract
Documents are complementary, and wherever possible the provisions of the documents shall be
construed in such manner as to avoid conflicts between provisions of the various documents. In the
event of any conflict among the Contract Documents, the Documents shall be construed according to the
following priorities:
First Priority:
Specifications (quality)
Second Priority:
Drawings (location)
Third Priority:
Special Terms
Fourth Priority:
General Terms and Conditions
Fifth Priority:
Contract Documents
Sixth Priority
Invitation to Bid
Seventh Priority
Contractor's Bid
In any event of inconsistency, however, the latest, and more stringent, or technical, or the greater quantity
requirements shall control the work to be performed by the Contractor.
CG 3 CONTRACTOR RESPONSIBILITIES.
a) The Contractor shall be held liable to the Owner for the performance of all work provided
for under this Contract. These specifications make no attempt to fix the scope of the work of any
subcontractor nor the responsibilities of the subcontractors.
b) Contractor shall provide all labor, materials, equipment, tools, construction equipment
and machinery, heat, utilities, and other facilities and services necessary for the property
execution and completion of the Work.
c) Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, procedures and safety programs in connection with the performance of the work.
Contractor shall be solely responsible for the engagement and management of any
subcontractors used to perform any portion of the work.
d) The Contractor shall be liable to the Owner for materials furnished. This shall include all
materials whether manufactured and/or fabricated by other persons. In the event that an agent or
other representative of the Owner approved the installation or erection of any item of material and
the Contractor feels the same is not fabricated in good workmanlike manner, he shall forthwith
advise the Engineer and the Owner thereof in writing.
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e) The Contractor shall provide for each of the following activities:
(1) Maintain a log of daily activities, including manpower records, weather, delays, major
decisions, etc.
(2) Maintain a roster of subcontractors will name and contact telephone numbers for key
personnel.
(3) Provide a safety program for the project and conduct a safety meeting prior to
commencing work.
f) Any disputes which may arise in this connection between the Contractor and any
subcontractor must be settled between the parties concerned. The Owner will not undertake nor
be in any way responsible for the settlement of such disputes.
GC 4 ENGINEER'S STATUS.
a) The Engineer will provide observation of the Contractor's activities and progress of the
work. The Engineer will make complete and thorough inspections of all construction, draft change orders,
and verify and certify partial and/or final payments due to the Contractor. The Engineer may, during the
life of the Contract issue additional instructions, by means of drawings, minor change orders or otherwise,
necessary to illustrate changes in the work.
b) The Engineer shall have authority to stop the work whenever such stoppage may be
necessary to insure the proper execution of the Contract or to protect the public and/or property. He shall
also have authority to reject all work and materials which do not conform to the Contract and to decide
questions which arise in the execution of the work.
c) The Engineer will make decisions in writing on all claims of the Contractor, and on all
other matters relating to the execution and progress of the work or the interpretation of the Contract
documents. All such decisions of the Engineer shall be final.
GC 5 DESIGN, DRAWINGS AND SPECIFICATIONS.
a) The Owner through the Engineer, or the Engineer as the Owner's representative, shall
furnish plans and specifications which completely represent the requirements of the work as far as
practical to be performed under the Documents and shall be true developments thereof. The Owner will
be responsible for the adequacy and sufficiency of the plans and specifications. The Owner or Engineer
will provide the Contractor with copies of all drawings and specifications, not to exceed four (4) complete
sets, for the execution of the work.
b) The specifications and the drawings accompanying them are intended to describe and
provide for a finished piece of work; they are intended to be complementary and what is called for by
either shall be as binding as if called for by both. The Contractor understands that the work shall be
complete in every detail, notwithstanding every item necessarily involved is not particularly mentioned,
and the Contractor shall be held to provide all labor and material necessary for the completion of the
indicated work.
c) The Contractor shall, immediately upon receipt of the drawings, check all drawings
furnished and shall promptly notify Owner of any illegibility, errors, omission, defect or discrepancies
discovered in such drawings and shall comment as appropriate upon construction feasibility and
practicality. The Contractor shall perform work only in accordance with the permitted drawings and any
subsequent revisions thereto.
d) If the permitted drawings change the scope of the work, the Contractor shall notify the
owner and Engineer within seven (7) days of receipt of the permitted drawings and such notification shall
contain a written description of the change and its impact on the cost and schedule, if any. Failure to
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provide such notice within seven days shall be a complete waiver by the Contractor of all additional cost
and time and Contractor shall perform the work at his expense and complete the work according to
schedule and in no event shall Contractor recover delay or consequential damages.
e) The Contractor shall keep at the work site one (1) copy of all permitted drawings and
specifications kept current with all changes and modifications and shall at all times give the Owner, the
Engineer and all trades performing at the project, access thereto.
GC 6 MATERIALS, LABOR, EQUIPMENT.
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, tools,
equipment, services, transportation and other facilities necessary for the execution and completion of the
work. Unless otherwise specified, all materials incorporated in the permanent work shall be new and both
workmanship and materials shall be of good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials.
GC 7a QUALITY ASSURANCE
Contractor shall develop, implement and maintain a plan for the work which quality assurance
and management and control of the construction services. Contractor shall maintain an adequate
inspection system and perform such inspections as will assure that the work performed conforms to the
requirement of the Contract Documents.
GC 7 PERMITS AND FEES.
All Permits or licenses necessary for the performance of the work or required by law or ordinance,
including Building permits, shall be secured, maintained, and paid for by the Contractor, unless otherwise
provided in the Special Terms. Contractor shall be responsible for all governmental fees, including but
not limited to utility fees and connection fees. Owner shall be responsible for obtaining any necessary
easements. For construction of a building, Owner shall be responsible for all City/County Construction
Services plan and permit review fees
GC 8 PROJECT MANAGER.
The Contractor shall keep during the term of this Agreement a competent Project Manager and
any necessary assistants, all satisfactory to the Engineer and Owner. The Contractor shall advise the
Engineer, in writing, within ten (10) days after the date of Owner's issuance of a Notice to Proceed, the
name and local address of the Project Manager who will be in charge of the project, together with amount
of his authority to represent the Contractor, along with the Project Manager's cell phone number. The
Owner and Engineer shall be able to reach the Project Manager at his cell phone number at all working
hours. The Project Manager shall represent the Contractor in his absence and all directions given to him
shall be binding as if given to the Contractor. Important directions shall be confirmed on written request in
each case. The Contractor shall give sufficient superintendence to the work using his best skill and
attention. If the Contractor, in the course of the work finds any discrepancy between the plans and the
physical conditions of the locality, or any errors or omissions in plans or in the layout as given by survey
points and instructions, he shall immediately inform the Engineer and the Owner, in writing, and the
Engineer will promptly verify the same. Any work done after such discovery, until authorized, will be done
at the Contractor's risk. Neither party shall employ or hire any employee of the other party without his
consent. At any time Owner may request and Contractor shall replace the individual performing as
Project Manager with an individual acceptable to Owner.
GC 9 SUBCONTRACTORS AND SUPPLIERS.
a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the
Contractor shall furnish to the Owner in writing the names of the persons or entities (including those who
are to furnish materials or equipment fabricated to a special design) whom the Contractor will engage as
sub -contractors or suppliers for the Project. The Contractor shall not contract with a proposed person or
entity to whom the Owner has made reasonable and timely objection in writing. The Contractor
understands and agrees that the Contractor alone is responsible to the Owner for all of the work under
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the Contract and that any review of Subcontractors, Sub -subcontractors or suppliers by the Owner or
Engineer will not in any way make the Owner responsible to any Subcontractor or Sub -subcontractor or
suppliers, nor will it make the Owner responsible for the actions or omissions of any Subcontractor or
Sub -subcontractor or suppliers.
b) By appropriate written agreement, the Contractor shall require each Subcontractor, to the
extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract and Contract Documents, including but not limited to the insurance requirements for workers'
compensation and general liability coverage. The Owner shall be named as an intended Third Party
Beneficiary in all Subcontractor Agreements. Each subcontract agreement shall preserve and protect the
rights of the Owner under the Contract Documents with respect to the work to be performed by the
Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the
Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all
rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has
against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into
similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed
Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to
which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance
with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such
documents available to their respective proposed Sub -subcontractors. Contractor shall include in all
subcontracts a provision requiring the Subcontractor to consent to an assignment of the subcontractor to
the Owner.
c) All subcontracts shall provide the following exact language"
Sub -contractor "expressly waives any claims for damages which it may suffer by reason
of delay caused by events beyond its' control, including delays claimed to be caused by
the City or its Engineer and agrees that its exclusive remedy shall be an extension of its
contract time. "
d) The Owner reserves the right to perform construction or operations related to the Project
with the Owner's own forces, and to award separate contracts in connection with other portions of the
Project or other construction or operations on the site under contract conditions identical or substantially
similar to these. If the Contractor claims that delay or additional cost is involved because of such action
by the Owner, the Contractor shall make such claim as provided in GC 37-Changes in Work. The
Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and
storage of their materials and equipment and performance of their activities and shall connect and
coordinate the Contractors construction and operations with theirs as required by the Contract
Documents.
e) If part of the Contractor's Work depends for proper execution or results upon construction
or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that
portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper execution and results. Failure of the
Contractor to so report shall constitute an acknowledgment that the Owner's or separate contractors
completed or partially completed construction is fit and proper to receive the Contractors Work, except as
to defects not then reasonably discoverable.
GC 10 CONTRACTOR MEETINGS
The Contractor shall, at its expense, attend any and all meetings called by the Owner to discuss
the work under the Contract. The Owner, or its Engineer, will distribute typed minutes of each meeting to
all attendees.
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GC 11 SCHEDULING.
a) Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, the
Contractor shall prepare and submit to the Owner and to Engineer a project schedule utilizing the Critical
Path Method (CPM) graphically depicting the activities contemplated to occur as a necessary incident to
performance of the work required to complete the project, showing the sequence in which the Contractor
proposes for each such activity to occur and duration (dates of commencement and completion,
respectively) of each such activity. The construction schedule shall be complete in all respects, covering
approvals, construction and Owner occupancy, in addition to activities and interfaces with other
Contractors at the work site, offsite activities such as design, fabrication, an allowance for weather delays,
submittals, procurement and jobsite delivery of Contractor furnished material and equipment. Contractor
agrees to complete the work and Project in accordance with the agreed construction schedule as
amended by duly executed change orders.
b) At the end of each calendar month, Contractor shall update and/or revise the construction
schedule to show the actual progress of the work performed and the occurrence of all events which have
affected the progress of performance of the work already performed or will affect the progress of the
performance of the work yet to be performed, in contrast with the planned progress of performance of
such work. Each such update and/or revision to the construction schedule shall be submitted to the
Owner and Engineer. Failure of the Contractor to develop, update, revise, or submit the construction
schedule(s) as aforesaid shall be sufficient grounds for the Owner to find the Contractor in material
default and shall be sufficient cause to terminate the Contract or to withhold payment to the Contractor
until a schedule or schedule update is submitted.
c) The Contractor agrees that whenever it becomes apparent from the progress review
meeting or CPM schedule that the contract completion date will not be met, the Contractor shall notify the
Owner and Engineer of the potential schedule change within three (3) days of a commencement of delay
or knowledge of a potential delay. Prior to requesting a time extension, Contractor shall execute some or
all of the following remedial actions at Contractor's sole cost and expense:
1. Increase manpower as necessary to eliminate work backlog.
2. Increase the number of working hours per shift, shifts per working day, working days
per week, construction equipment, or any combination of the foregoing to eliminate
the backlog.
3. Reschedule the work in conformance with specification requirements.
d) Neither the Owner nor the Contractor shall be considered to own the schedule float time.
GC 12 LIQUIDATED DAMAGES.
If the actual completion date for substantial completion or final completion occurs later than the
time indicated in the Special Terms or later than the scheduled completion date if a duly authorized
change order for time is issued, liquidated damages in the amount(s) set forth in the Special Terms shall
be paid by Contractor for unexcused delay in performance of the work.. Contractor agrees that Owner's
actual damages in the event of unexcused delay are difficult to ascertain and therefore the parties agree
that the sums established in the Special Terms are reasonably related to what damages Owner may
suffer and are enforceable liquidated damages and not penalties.
GC 12 SCHEDULE OF VALUES.
Within ten (10) days after the date of the Owner's issuance of a Notice to Proceed, Contractor
shall submit for review and approval of Owner and Engineer, a schedule of values, by phases of work, to
show a breakdown of the Contract Price corresponding to the payment request breakdown and progress
schedule line items. The schedule of values must also show dollar value for each unit of work scheduled.
Change Orders are to be added as separate line items.
GC 13 LAND FOR WORK.
Contractor's access to the site and storage areas shall be as shown on the plans and as designated by
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the Owner. Access routes may also be used by City employees and other contractors. No other access
points shall be allowed unless approved by the Owner. All contractor traffic authorized to enter the site
shall be experienced in the route or guided by contractor personnel. The Contractor is responsible for
immediate cleanup of any debris deposited along the access route as a result of its construction traffic. In
the event the Owner provides conditions or reasonable restrictions on the use or access to the lands
upon which or adjacent to the Work under this Contract is to be done, Contractor shall comply with all
such conditions or restrictions. Any delay in the furnishing of these lands by the Owner shall be deemed
proper cause for an equitable adjustment in both Contract price and time of completion.
Owner, and its duly authorized employees and representatives, and representatives of all
governmental agencies having jurisdiction over work areas or any part thereof, shall, at all reasonable
times, have access to such areas and the premises used by Contractor. Contractor shall also arrange for
Owner, its representatives and employees, to have access at all reasonable times to all places where
equipment or materials are being manufactured, produced or fabricated for use under the Contract.
GC 14 SURVEY, LINES AND GRADE
Unless otherwise specified, the Engineer shall furnish all land survey control points, base lines
and benchmarks for the location of the work. The Contractor shall be responsible for the preservation of
all lines, points, and elevations furnished and shall bear the expense of resetting same if Contractor or
any of its subcontractors move or destroy or render inaccurate any such base lines, points and
elevations. From the information provided by the Engineer, the Contractor shall develop and make all
detail surveys and establish lines and grades as required. The Contractor shall keep the Engineer
informed as to his needs for base lines or bench marks in order that the same may be furnished and all
necessary measurements made for the record with a minimum of inconvenience to the Engineer or delay
to the Contractor.
GC 15 SITE CONDITIONS.
Contractor shall have the sole responsibility of satisfying itself concerning the nature and location
of the work and the general and local conditions, and particularly, but without limitation, with respect to
the following: conditions affecting the transportation, access, disposal, handling and storage of materials;
the availability, quantity and quality of labor, water and electric power; availability and condition of roads;
climatic conditions; location of underground utilities; existing site conditions, topography and ground
conditions; subsurface geology, and nature and quantity of surface and subsurface materials to be
encountered; and all other matters which can in any way affect eh performance of the Contract or the cost
associated therewith. Contractor's failure to assess the site conditions will not relieve it from the
responsibility for properly estimating the costs and schedule of performing the work.
GC 16 SUBSOIL CONDITIONS,
Unless otherwise stipulated in the plans and specification, no subsoil investigations have been
made. The Contractor shall satisfy itself as to all subsoil conditions.
GC 17 SURFACE AND SUBSURFACE WATER
The control of surface and subsurface water by Contractor shall be permitted by the proper
regulatory agencies, with copies submitted to Owner. Contractor shall immediately remedy any permit
violations and shall be responsible for any fines or penalties assessed by such agencies for permit
violations.
CG 18 CONTRACTOR WORK AREA
Contractor's work area on the job site will be assigned by Owner. Contractor shall confine its
office, storage, assembly, equipment and parking to the areas so assigned. Should Contractor find it
necessary to use any additional land outside the work site for any purpose, Contractor shall, at its
expense, provide for the use of any such additional land.
CG 19 CONTRACTOR -FURNISHED MATERIALS EQUIPMENT AND WORKMANSHIP
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Contractor shall provide and use on any work only such construction plant and equipment as are
capable of producing the quality and quantity of work and materials required by the drawings and
specifications within the established schedule. Only new, unused materials and items of recent
manufacture, of designated quality, free from defects, will be accepted. Contractor shall, if requested,
furnish evidence satisfactory to the Owner as to the kind and quality of materials. Contractor shall utilize
lumber, timber and other forest products produced and manufactured in Florida when such products are
available and their price, fitness and quality are equal to comparable products. Upon written order of the
Owner, Contractor shall discontinue operation of unsatisfactory plant, equipment and/or facilities. Owner
will be the final authority for determining conformance of workmanship, materials, equipment and systems
with the requirements of the Contract. (255.20)
Where Contractor supplied drawings are required for planning or performance of the work, such
drawings shall include, but not be limited to, matchmarks, erection diagrams and other details such as
field connections for property installation. Such drawings shall be submitted by and at the expense of
Contractor. At least 21 days shall be allowed for review by Owner. If drawings show variations from the
contract requirements, the Contractor shall describe such variations in writing at the time of submission.
Review and permission to proceed by Owner does not constitute acceptance or approval of design
details, calculations, analyses, test methods or materials develop or selected by the Contractor and does
not relieve Contractor from full compliance with contractual obligations.
Where samples are required, samples shall be submitted by and at the expense of Contractor.
Materials represented by such samples shall not be manufactured, delivered to the site or incorporated
into the work without such review. At least 21 days shall be allowed for Owner's review.
The Owner or Engineer shall notify the Contractor of defective or unacceptable work if the Owner
discovers such. No work defect in construction or quality, or deficient in meeting any requirement of the
Contract, drawings or specifications, will be acceptable regardless of Owner's failure to discover such
defects during construction; nor will inspection by the Engineer relieve Contractor from ensuing the quality
of the work as required by the Contract. No payment, whether partial or final, shall be construed as an
acceptance of defective work or improper materials.
GC 20 PROTECTION OF THE WORK AND PROPERTY
The Contractor shall continuously maintain adequate protection of all work from loss, theft or
damage from whatever cause, and shall take all reasonable precautions to protect the property of the
Owner and third parties from theft, injury or loss arising in connection with this Contract. Contractor shall
comply with the requirements of the Owner and its insurance carriers and all applicable laws, codes and
regulations with respect to prevention of damage.
Contractor shall preserve and protect all cultivated and planted areas and vegetation such as
trees, plants, shrubs and grass on or adjacent to the premises, which, as determined by Owner, do not
reasonably interfere with the performance of the work. Contractor shall be responsible for damage to any
such areas and vegetation and for unauthorized cutting of trees and vegetation. Contractor shall leave all
adjacent property in as good condition as it was prior to beginning of the Contract. All cost in connection
with any repairs or restoration necessary or required as a result of damage shall be borne by Contractor.
Where practical, Contractor shall erect a temporary fence around the work site. Contractor shall
prepare and maintain accurate reports of incidents of loss, theft or vandalism and shall furnish these
reports to Owner wither three (3) days of each incident.
Until final acceptance of the work by the Owner, the Contractor shall have full and complete
charge or and shall bear all risk of loss of, and injury or damage to, the work performed under this
Contract, or any portion thereof, including materials, Owner -furnished supplies and equipment, from any
cause whatsoever. Contractor shall rebuild, repair, restore and make good any damages, injury, or loss
to the work and to the property of the Owner or third parties, except such as may be directly due to errors
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in the Contract documents which the Contractor did not or could not have discovered through due
diligence, or caused by agents or employees of the Owner, unless such loss or damage would be
covered by any policy of insurance maintained by the Contractor.
GC 21 UTILITIES
The Contractor shall, at its expense, arrange for, develop and maintain all utilities in work areas,
including, but not limited to: construction power, water as required throughout construction, and telephone
service, if needed. Prior to final acceptance of the work, Contractor shall, at its expense, remove all
temporary utilities. Contractor shall conduct its operations so as not to damage, close or obstruct any
utility installation, highway, road or other property until permits therefore have been obtained.
GC 22 DELIVERY UNLOADING AND STORAGE
Contractor shall, at its expense, receive, unload, store in a secure place, and deliver from storage
to the construction site, all materials, plant and equipment required for the performance of the Contract.
Material and equipment subject to degradation by outside exposure shall be stored in a weather -tight
enclosure provided by Contractor at its expense.
GC 23 FIRE PROTECTION
All necessary precautions to avoid and eliminate fire hazards shall be the responsibility of the
Contractor. Contractor shall provide portable fire extinguishers, properly labeled, located and compatible
with the hazard of each work area and shall instruct personnel in their use.
GC 24 ILLUMINATION
When any work is performed when daylight is obscured or at night, Contractor shall, at its
expense, provide artificial light sufficient to permit work to be carried on satisfactorily and safely.
GC 25 DUST CONTROL
For the duration of the contract, the Contractor shall, at its expense, maintain all excavations,
roads, plant sites, borrow areas and all other work areas free from dust. Code -required or industry -
accepted methods of dust control suitable for the area involved and approved by Owner will be permitted.
GC 26 POLLUTION CONTROL
Contractor shall, at its expense, perform its work so as not to discharge into the atmosphere, any
body of water, the ground or groundwater, from any source, smoke, dust or other contaminants in
violation of the laws, rules and regulations of all federal, state and local air and water pollution
requirements. Contractor shall, at its expense, provide suitable facilities to prevent any such discharges.
Contractor shall immediately report to Owner and appropriate authorities any spill of contaminant.
GC27 DEBRIS DISPOSAL
All debris shall be legally disposed of at licensed disposal site(s).
GC 27 EXPLOSIVES AND HAZARDOUS MATERIALS
Contractor shall obtain all required federal, state and local permits and licenses and shall be
responsible for the safe and proper handling, transportation, storage and use of any explosive or
hazardous material brought onto or encountered with in the site. The Contractor will notify the Owner
immediately if explosive or hazardous materials are encountered on the site. Contractor shall maintain
and post as necessary, Material hazard Data Sheets for all applicable hazardous materials used in the
course of the work. In the event that hazardous material is improperly handled or stored by the
Contractor or its sub -contractors, which results in contamination of the site, Contractor shall immediately
notify the Owner and the appropriate governmental authority and shall take whatever action is necessary
or desirable to remediate the contamination at the Contractor's sole cost and expense. Contractor shall
indemnify and hold harmless the Owner from any expense, action or liability resulting from such
contamination and remedial actions.
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GC 28 LABOR
Contractor shall employ only competent and skilled personnel to perform the work. Contractor
shall, if requested by Owner, remove from the jobsite any personnel of Contractor who is determined by
Owner to be unfit or working in violation of any provision of the Contract. Contractor and all
subcontractors shall be bound by and comply with all applicable Federal, State and local laws regarding
labor. All work performed after regular working hours, on Sundays or legal holidays, shall be performed
without additional expense to the Owner.
GC 29 SAFETY
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work. Contractor will provide to each worker on the job
site the proper safety equipment for the duties being performed by the worker and will not permit any
worker on the job site who fails or refuses to use the safety equipment. The Contractor shall provide and
maintain all necessary watchmen, barricades, warning lights, and signs and take all necessary
precautions for the protection of all persons involved in the work, the public, and all employees or
representatives of Owner. All work and all equipment, machinery, materials and tools shall be in
compliance with and conform to all applicable laws, ordinance, rules and regulations.
GC 30 PROGRESS
During construction, Contractor shall keep a marked -up and up-to-date set of drawings showing
as -built conditions on that site as an accurate record of all deviations between work as shown and work
as installed. These drawings shall be available to Owner and Engineer for inspection at any time.
During construction, Contractor shall keep a marked -up and up -to date set of specifications
showing as -is conditions on the site annotated to clearly indicate all substitutions or product selections
that are incorporate into the work. These specifications shall be available to Owner and Engineer for
inspection at any time.
If at any time Contractor's actual progress is inadequate to meet the requirements of the
Contract, Owner may so notify Contractor who shall thereupon, at its expense, take such steps as may be
necessary to improve its progress to meet the approved schedule. If within a reasonable period as
determined by Owner, Owner determines that Contractor is not prosecuting its work with such diligence
as will assure completion with the times scheduled, the Owner may declare a default of this Contract.
GC 31 INSPECTION.
Engineer: The Owner may provide Engineering personnel for the observation of the work. The
Owner, Engineer and their representatives shall at all times have access to the work whenever it is in
preparation or progress, and the Contractor shall provide proper facilities for such access and for
inspection. If the specifications, the Engineer's instructions, applicable laws, ordinances, or any public
authority require any work to be specially tested or approved, the Contractor shall give the Engineer
timely notice of its readiness for observation and, if the observation is by another authority than the
Engineer, of the date fixed for such observation. If any work should be covered up prior to any quality
inspection or test by Owner or Engineer, it must, if required by the Engineer, be uncovered for inspection
and properly restored at the Contractor's expense.
GC 32 TESTING
Unless otherwise provided in the Contract, drawings or specifications, shop testing of material or
work shall be performed by the Contractor at its expense and in accordance with the technical
specifications. Should tests in addition to those required by the specifications be desired by Owner,
Contractor will be advised in reasonable time to permit such additional testing at Owner's expense,
unless additional tests are required due to Contractor's work or materials having failed any initial test.
Contractor shall furnish samples as requested and shall provide reasonable assistance and cooperation
necessary to permit tests to be performed on materials or work in place, including reasonable stoppage of
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work during testing.
GC 33 SUBSTITUTION.
The naming of a specified product of specific manufacturers for equipment or materials under the
various items of specifications or as shown on the plans shall be interpreted as establishing a minimum
standard of quality and performance. It shall not be construed as eliminating the selection of other than
the named equipment or materials equal to those specified, unless the materials are specifically
designated as not permitting substitution.
Prior to proposing any substitute item, Contractor shall satisfy itself that the item proposed is
equal or better to that specified, that such item will fit into the space allocated, that such item affords
comparable ease of operation , maintenance and service, that the appearance, longevity and suitability
for the climate are comparable, that by reason of costs savings, reduced construction time or similar
demonstrable benefit, the substitution of such item will be in Owner's interest and will in no way
detrimentally impact the project schedule. The burden of proof that such an item offered is equal in all
respects to that specified shall be the Contractor's. Contractor shall submit drawings, samples, data and
additional information as may be required by Owner. All requests for substitutions, with supporting
information, shall be submitted by and at the expense of Contractor. At least 35 days shall be allowed for
Owner's review.
The Owner or its Engineer shall make the determination as to the acceptability of any
substitution. Approval of a substitution shall not relieve Contractor from the responsibility for compliance
with all requirements of the Contractor. Contractor shall coordinate the change with all trades and bear
the expense for any changes in other parts of the work caused by any substitution.
Contractor may make only two requests for substitution in the same category and Contractor shall
be invoiced the expenses incurred by Owner for its design professionals in reviewing additional
substitution requests, unless otherwise approved by Owner.
GC 34 CORRECTION OF DEFECTIVE MATERIALS OR WORKMANSHIP
If any material, equipment or workmanship is determined by Owner, either during performance of
the work, during final quality inspection or during the warranty period, to be defective or non in
compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such
material, equipment or work is rejected and the Owner reserve the right to withhold payment on any such
item. Contractor shall, at its own expense, immediately remove and replace or correct such defective
material, equipment or work by making the same strictly comply with all requirements of the drawings,
specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been
damaged or that was not performed in accordance with the drawings, specifications and contract, an
equitable deduction from the contract price shall be made for such work.
GC 35 CORRECTION OF WORK.
The Contractor shall promptly remove from the premises all materials condemned by the
Engineer as failing to meet contract requirements whether incorporated in the work or not, and the
Contractor shall promptly replace and re -execute his own work in accordance with the Contract and
without expense to the Owner and shall bear the expense of making good all work of other Contractors
destroyed or damaged by such removal or replacement. Contractor further agrees to correct all work
found by the Owner to be defective in material and workmanship or not in conformance with the drawings
and specifications for a period of one year from the final certificate of occupancy for the project (or
equivalent) or for such longer periods of time as may be set forth with respect to specific warranties
contained in the trade sections of the specifications Contractor shall commence final completion of
nonconforming work and correction of the work within seven (7) days of written notice by the Owner and
shall perform all such work in compliance with the objective standards commonly found in the
construction industry of Palm Beach County, Florida. If the Engineer or the Owner deems it inexpedient
to correct work that has been damaged or that was not done in accordance with the Contract, an
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equitable deduction from the Contract price shall be made therefore.
GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK.
If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming
work or fail to perform any provisions of this Contract, the Owner may, after three (3) calendar days
written notice and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may
have, make good these deficiencies and may deduct the cost thereof from the payment then or thereafter
due the Contractor.
GC 37 CHANGES IN WORK.
The Owner, without invalidating the Contract, may order written additions to or deductions from
the work, the Contract price being adjusted accordingly. The Engineer, with the consent of the City, will
have authority to make minor changes in the work not involving extra cost, and not inconsistent with the
purpose of the work. If the Contractor believes that a variation or change justifies a modification in the
Contract price, the Contractor may submit a request for change order at its expense. If a request for
change order is made, the Contractor is not authorized to vary the work unless a written Change Order or
written Construction Change Directive is issued by the Engineer and executed by the Owner. No change
order shall be valid unless executed by the authorized signatory of the Owner. The Engineer is not
authorized to bind the Owner to change in contract price or time. The Contractor shall notify the Engineer
within seven (7) days of any occurrence which, in the opinion of the Contractor, entitles it to an
adjustment of the Contract price or a time extension. The Engineer will respond to the request for change
order within ten (10) days of receipt of the Contractor's notice. For the purposes of this paragraph, a day
shall be defined as any business day, Monday through Friday, excluding holidays. The Engineer and
Owner may issue an executed change order authorizing any changes in the Work, adjustments in the
Contract price and extensions of time. Agreement on any Change Order shall constitute a final
settlement and release by Contractor of all matters relating to the change in the work which is the subject
of the Change Order, including, but not limited to, all direct and indirect costs associated with such
change and any and all adjustments to the Contract price and the Contract time.
If a change order is not yet approved or cannot be agreed upon, the Contractor is authorized,
upon issuance of a written Construction Change Directive (CDD) prepared by the Engineer and approved
by the Owner, to proceed with such change on a time and material basis plus ten percent (10%). The
Contractor expressly acknowledges that commencing work without a written Change Order or
Construction Change Directive executed by Owner in advance of commencement of work waives any
claim by Contractor to additional sums or time.
Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for
changes performed under a CDD, such approval shall be recorded by the preparation of a change order.
The Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted
to a change order.
The Engineer shall have the authority to order minor changes in the work which do not involve
adjustment to the Contract price or time and which are not inconsistent with the intent of the contract
documents.
A bond rider from the Surety shall be submitted to the City with each change order that increases
the Contract price.
GC 38 USE OF COMPLETED PORTIONS.
The Owner shall have the right to take possession of and use any substantially completed
portions of the work. Such use by Owner shall not be construed as constituting final acceptance, and
shall neither relieve Contractor of any of its responsibilities under the Contract, nor act as a waiver by
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Owner of any contract provisions; provided that the Contractor shall not be liable for any repair or
maintenance required due to ordinary wear and tear resulting from such use. However, if such use
increases the cost or delays the completion of remaining portions of work, Contractor shall be entitled to
an equitable adjustment under the contract.
GC 39 CLEANING UP.
Upon completion of any portion of the work, the Contractor shall remove at his own expense from
the Owner's property all temporary structures, equipment and surplus materials not required for later
stages of work, rubbish, and waste materials resulting from his operations. Contractor shall make its own
arrangements, at its own cost, for disposal of rubbish and waste materials. The Owner reserves the right
to retain any surplus or salvage materials.
CG 40 BASIC REQUIREMENTS PRIOR TO SUBSTANTIAL COMPLETION
The following items shall be completed as a condition precedent to substantial completion and
prior to a request by the Contractor for inspection for substantial completion. In the event the Contract
does not define substantial completion, the following are also conditions for final completion and
acceptance:
1. All general construction completed and the project components shall be clean and all
systems fully functional.
2. All mechanical and electrical work substantially complete, fixtures in place, connected,
cleaned and ready for use.
3. All electrical circuits shall be scheduled in panels and all panels and disconnect switches
properly labeled.
4. Issuance of all permits and certificates, inspections, and other approvals and releases by
governing authorities required for Owner's occupancy and use of the project.
5. Project site shall be cleared of Contractor's excess equipment and/or supplies and
material.
6. All sets of operation and maintenance manuals for all equipment shall have been
submitted, as referenced in the technical specifications.
7. Manufacturers' certifications and warranties shall be delivered to Owner.
8. All operations and maintenance manuals for all equipment shall be delivered to Owner.
9. All required spare parts, as well as any special devises and tools shall be delivered to
Owner.
10. All keys and blanks shall have been provided.
11. Punch list of items required to render the construction services complete, satisfactory and
acceptable to the Owner. If the Contract provides for a multi -phased or multi -structure project, a punch
list must be developed for each phase or structure.
Contractor shall arrange a joint site and project inspection(s) with Engineer for inspection for
substantial completion and development of a punch list for the completion of construction services. Said
punch list shall be prepared not later than thirty (30) days after the inspection for substantial completion.
Punch list items recorded as a result of inspections for substantial completion shall be corrected by the
Contractor prior to any request for final inspection and acceptance.
If substantial completion is not obtained at the inspection called by Contractor, for reasons which
are the fault of Contractor, any additional cost to Owner for the Engineer or design professional for any
subsequent inspections for the purpose of determining substantial completion shall be the responsibility
of the Contractor and shall be assessed against the final payment application.
GC 41 FINAL INSPECTION AND ACCEPTANCE
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The following items shall be completed as a condition precedent to a request by Contractor for
final inspection:
1. Completion of all punch list items recorded from the substantial completion inspection.
2. A complete set of mylar or paper marked -up as-builts with "RECORD" or "AS BUILT"
clearly printed on each sheet along with one copy on AutoCAD CD Release 14 or better on State Plane
Coordinates. Contractor shall accurately and neatly transfer all deviations from progress as-builts to final
as-builts. As -built records shall include drawings signed and sealed by a registered land surveyor
certifying the elevation and location of improvements. Certified drawings are to show locations, lines and
grade of buried pipe line four (4) inches or larger in diameter and exterior to buildings, and other buried
facilities (e.g. valves, tanks, vaults, storm inlets, ducts, etc.) installed or discovered as a result of the work.
Certified drawings are to show building corners, sidewalks, paved areas and the location of all above
ground structures within the project site. Contractor shall sign each final record drawing and note thereon
that the final as-builts are complete and accurate.
3. A complete set of marked -up specifications with "RECORD" or "AS -BUILT" clearly printed
on the cover. Contractor shall accurately and neatly transfer all deviations from progress specifications to
final as-builts.
4. A signed and notarized affidavit indicating that no asbestos containing materials were
used or installed during the course of the work.
5. A list of each piece of equipment having an individual value of $500 or greater. The list
shall include, at a minimum, the name, make and model number, quantity installed, value of equipment.
Contractor shall inform Owner in writing that work is ready for final inspection. The Engineer will,
within five (5) business days, make such inspection. When Engineer finds the work acceptable under the
Contract and all contract terms and conditions fully performed, Engineer shall issue a Final Certification to
Owner.
GC 42 EXTENSION OF TIME.
The time limit for the completion of the work as described in the Contract is of the essence of this
Contract. Contractor must request an extension of the contract completion date in writing and must
provide the following information within seven (7) days of commencement of the delay. Contractor
acknowledges that the evaluation of time extensions will be based on the following information:
1. All schedule updates, submittals and other conditions of the Contract have been
met;
2. The delay is beyond the control of the Contractor and subcontractors and due to
no direct or indirect fault of the Contractor.
3. Nature of the delay.
4. Dates of commencement / and end of delay.
5. Evidence that the delayed work results in a direct delay to the schedule critical
path.
6. List of tasks/work affected by the delay.
7. Anticipated extent of delay.
8. Recommended action to minimize delay.
9. The Contractor has used all the float time available for the work involved in the
delay request.
Time extensions for weather delays will only be considered if all float time is exhausted prior to the
weather occurrence. Failure of Contractor to timely request a time extension constitutes a waiver by
Contractor and a denial of a time extension.
If the Contractor is delayed at any time in the progress of the work by any act or neglect of the Owner, or
if any employee of the Owner or by any separate Contractor employed by the Owner or by any changes
ordered in the work, by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or
any causes beyond the Contractor's control or by delay authorized by the Owner pending resolution of
disputes, and such delay extends the Project completion date, Substantial Completion shall be extended
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by Change Order for such reasonable time as the Owner may determine.
GC 43 NO DAMAGES FOR DELAY: EXCLUSIVE REMEDY.
The Contractor expressly agrees that a change order for an extension of the project completion
date and substantial completion date constitutes its sole and exclusive remedies for efficiency or other
related time or impact -based claims (hereinafter collectively "delay") or for delay attributable to any
foreseen or unforeseen condition, or for delays claimed to be the result of active, intentional, knowing or
passive interference by the Owner, Engineer, or agents of either, and waives claims for any and all
damages which it may suffer by reason of such claims, including but not limited to, lost profits, loss or
impairment of bonding capacity, destruction of business, overhead, supervision, extended unabsorbed
home office overhead, increase insurance costs, lost profits on alternate or unperformed contracts.
Contractor hereby affirms that an extension of time is the Contractor's sole and exclusive remedy. Apart
from extension of time, no payment of claim for damages shall be made to the Contractor as
compensation for damages for any delays in the work, whether such delay be avoidable or unavoidable.
GC 44 PAYMENT PROCEDURE.
GC 44.1 Contractor's invoices shall reference the bid number. Submittals of estimates
and invoices for payment must be directed to: City — Accounts Payable, The City will not be
responsible for any delay in payment at the City if Contractor submits his estimate and invoice to any
other address.
GC 44.2 Initial Payment. Prior to submittal of its initial payment request, Contractor shall
have submitted the following items to the Engineer:
1. List of Subcontractors and suppliers
2. Project schedule
3. Schedule of values
4. All current certificates of insurance
5. Designation of Contractor's Project Manager
GC 44.3 Progress Payments. Not more than once each month, the Contractor shall
prepare and submit a detailed estimate and payment request on a standard AIA form, covering the
percentage of the total amount of the Contract which has been completed from the start of the job up
to and including the last day of the preceding month, together with such supporting evidence as may
be required by the Owner and/or the Engineer. This estimate shall also include the cost of such
materials and equipment required in the permanent work as has been delivered to the site and
suitably protected but not as yet incorporated in the work. Partial Release(s) of Lien and
Subcontractor Utilization Report shall be submitted with each payment requisition to verify
payment(s) to subcontractors and material suppliers.
GC 44.4 In accordance with the Local Government Prompt Payment Act, until the Project
is determined to be 50% complete, the Owner shall withhold retainage of ten percent (10%) from
each progress payment pay to the Contractor based on the Contractor's estimate and invoice as
approved by the Engineer. It is agreed that the Engineer shall have the right to finally determine the
amount currently due to the Contractor.
GC 44.5 After the Project is determined to be 50% complete, the Owner shall withhold
retainage of five percent (5%) from each progress payment pay to the Contractor based on the
Contractor's estimate and invoice as approved by the Engineer. It is agreed that the Engineer shall
have the right to finally determine the amount currently due to the Contractor. Contractor may
present to Owner a payment request for up to one-half of the retainage held by Owner. If Owner has
grounds under Florida law to continue to retain all or a portion of the requested retainage, Owner
may continue to hold such retainage.
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GC 44.5 Final payment may be made to certain select Sub -contractors whose work is
satisfactorily completed prior to the total completion of the Project but only upon advance written
approval of the Owner and Surety.
GC 44.6 If there remain items to be completed, the Contractor and Owner shall list those
items required for completion and the Contractor shall require the retainage of a sum equal to 200%
of the estimated cost of completing any unfinished items, provided that said unfinished items are
listed separately and the estimated cost of completing any unfinished items likewise listed separately.
GC 44.7 The Contractor shall timely pay and not withhold payments to Sub -Contractors if
such payments have been made to the Contractor. Should this occur for any reason, the Contractor
shall immediately return such monies to the Owner, adjusting pay requests and project bookkeeping
as required.
GC 44.8 Substantial Completion. Following determination by the Engineer of
substantial completion, Contractor shall separately list each item of the punchlist required for final
completion and the estimated cost of completing each item. Provided all pre -requisites for substantial
completion have been met, Contractor may submit a special payment request along with the cost list
for unfinished work. The City may retain a sum equal to 150% of the estimated cost of completing the
unfinished items.
GC 44.9 Final Payment. In case of disputed indebtedness or liens the Contractor may
submit in lieu of evidence of payment a surety or Performance Bond satisfactory to the Owner
guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment
has not already been guaranteed by a Surety or Performance bond.
Upon issuance of a Final Certification by Engineer, and completion of all of the following items,
Contractor may submit its final invoice.
1. Notarized and corporate sealed Final Release of Liens from all sub -contractors
and suppliers.
2. Notarized and corporate sealed Final Release of Liens from Contractor.
3. Consent of surety for final payment.
4. All pre -requisites for substantial completion and final completion have been met.
The making and acceptance of the final payment shall constitute a waiver and release of all claims by
the Contractor, except those previously made in writing and still unsettled.
GC 44.10 Withheld Payments. The Owner may withhold or, on account of subsequently
discovered evidence, nullify the whole or part of any certificate of payment to such extent as may be
necessary to protect Owner if:
a. Defective work or material is not remedied.
b. Claims filed or reasonable evidence indicating public filing of claims by Owner or third
parties against the Contractor.
C. Failure of the Contractor to make payments to sub -contractors or for material or labor.
d. Damage to another Contractor.
e. Contractor is in default of any contract condition.
f. Contractor fails to submit information required by this Contract.
g. Contractor consistently fails to perform work in accordance with the Contract Documents.
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h. Owner has reasonable doubt that Contract work can be completed within the schedule or
for
the balance of the Contract price which remains unpaid.
i. Contractors insurance coverage lapsed.
j. Owner has a right to claim liquidated damages.
When the above grounds are removed or the Contractor provides a Surety or Performance Bond
satisfactory to the Owner, which will protect the Owner in the amount withheld, payment shall be
made for amounts withheld because of them.
GC 44.11 The provisions of the Local Government Prompt Payment Act, Section 218.70 et seq,
Fla. Stat., are incorporated by reference herein. The Act provides payment due dates, addresses,
interest and payment dispute resolution.
GC 45 LIENS.
Neither the final payment nor any part of the retained percentage shall become due until the
Contractor shall deliver to the Owner complete releases of all claims or liens arising out of this Contract,
or receipts in full in lieu thereof and, if required in either case, an affidavit that so far as he has knowledge
or information the release and receipts include all the labor and materials for which a lien or claim could
be filed; but the Contractor may, if any sub -contractor refuses to furnish a release or receipt in full, furnish
a bond satisfactory to the Owner, to indemnify the Owner against any claim or lien (in cases where such
payment is not already guaranteed by Surety or Performance Bond). If any claim or lien remains
unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys that the
latter may be compelled to pay in discharging such a lien, including all costs and reasonable attorney's
fee.
GC 46 CONSTRUCTION PERFORMANCE BOND. (if required)
(A) In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide
to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor
and Material Payment Bond ("Bond") each in an amount not less than the total Cost of the
Project as defined in Article II. The Bond shall incorporate by reference the terms of the Contract
Documents in its entirety. Moreover, Contractor agrees that the following language shall be
expressly included within the language of its Performance Bond:
"Surety expressly agrees to be bound by all terms and conditions relating to liquidated,
delay and time or impact related damages, and is responsible for any and all warranty
obligations or damages as a result of latent defects or deficiencies in the work performed
under the Contract Documents incorporated herein or as provided for by Florida law."
(B) Contractor's Surety agrees, moreover, to be bound by all terms and conditions related to delay
and liquidated damages. Except as otherwise agreed to in writing, the Contractor's Surety waives
all rights against the Owner and any of its agents and employees, for damages or other causes of
loss by Contractor's Surety performance of its obligations under the performance bond, including
claims by Contractor's Surety against the Owner for costs it asserts were not warranted by these
Contract Documents and excluding only such rights as they have to proceeds of such insurance
held by the Owner as fiduciary. This waiver of subrogation shall be effective as to a person or
entity even though that person or entity would otherwise have a duty of indemnification,
contractual or otherwise, did not pay the bond premium directly or indirectly, and whether or not
the person or entity had an insurable or suretyship interest in the property allegedly damaged.
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(C) To be acceptable to The Owner of Project as Surety for this Project, a Surety Company shall
comply with the following provisions:
(1) The Surety Company shall have a currently valid Certificate of Authority, issued by the State of
Florida Department of Insurance, authorizing it to write surety bonds in the State of Florida.
(2) The Surety Company shall have currently valid Certificate of Authority issued by the United
States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States
Code.
(3) The Surety Company shall be in full compliance with the provisions of the Florida Insurance
Code.
(4) The Surety Company shall have at least twice the minimum surplus and capital required by the
Florida Insurance Code at the time the invitation to Proposal is issued.
(5) The Surety Company shall have at least the ratings of A -Class V in the latest issue of Best's Key
Rating Guide.
(6) The Surety Company shall not expose itself to any loss on any one risk in an amount exceeding
ten (10) percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the
limitation of the risk as prescribed in this section. These minimum requirements shall
apply to the reinsuring carrier providing authorization or approval by the State of Florida,
Department of Insurance to do business in this state have been met.
(b) In the case of the surety insurance company, in addition to the deduction for reinsurance,
the amount assumed by any co -surety, the value of any security deposited, pledged or
held subject to the consent of the surety and for the protection of the surety shall be
deducted.
GC 47 INSURANCE.
1. The Contractor shall maintain and pay for such insurance, issued in the name of the
Owner and naming the Owner as an Additional Insured, with such coverages as will protect the Owner
from contingent liability under the Contract, as set forth in the Special Conditions
Coverages. See Special Conditions.
3. The Certificate of Insurance and policy endorsements or riders shall name the
City/County as "ADDITIONAL INSURED" with respect to all liability coverages.
Contractor shall provide evidence of continued coverage in the event of renewal or policy
termination. Owner may withhold payment to Contractor until evidence of insurance
coverage is received.
4.. These insurance requirements shall not in any manner limit or qualify the liabilities and
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obligations assumed by Contractor under the Contract.
5. The Contractor shall be entirely responsible for securing Certificates of Insurance
coverage as set forth above from all subcontractors who are engaged in the work.
GC 48 INDEMNITY.
Contractor agrees to protect, defend, reimburse, indemnify and hold the Owner, its agents,
employees and elected officers and each of them (collectively), free and harmless at all times from and
against any and all claims, liability, expenses, losses, suits, costs, fines and damages, including attorney
fees and costs, and causes of action of every kind and character against the Owner by reason of any
damage to property or the environment, or bodily injury (including death) incurred or sustained by any
party hereto, or of any party acquiring any interest hereunder, and any third or other party whomsoever,
or any governmental agency, arising out of or incident to or in connection with Contractor's performance
under this Contract, Contractor's acts, omissions or operations hereunder, the site conditions, or the
performance, non-performance or purported performances of the Contractor or any breach of the terms of
this Contract; to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of
Contractor and persons or entities employed or utilized by Contractor in its performance. (§725.06 F.S.)
GC 49 DISPUTE RESOLUTION.
Final Completion. Notwithstanding any other provision, the parties agree that any unresolved
dispute regarding the punch list or any other requirement for Final Completion shall be mediated with the
Engineer as the mediator.
Waiver of Arbitration. The Owner and Contractor agree expressly waive any and all provisions
regarding arbitration, including any and all provisions regarding arbitration as a condition precedent to
litigation contained elsewhere in any Contract Documents.
GC 50 OWNER'S RIGHT TO TERMINATE CONTRACT FOR CAUSE.
If the Contractor should be adjudged bankrupt, or if he should make a general assignment for the
benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should
persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to
maintain an established schedule (30 days behind a critical path activity), to supply enough properly
skilled workmen or proper materials; or if he should fail to make prompt payments to subcontractors or for
material or labor or persistently disregard laws, ordinances or the instructions of the Engineer, or
otherwise fails to conform to the Contract requirements or abandons or refuses to perform any work,
Owner may without prejudice to any other right or remedy, and after giving the Contractor and its Surety
seven (7) calendar days written notice, terminate the employment of the Contractor and take possession
of the premises and of all materials, tools and appliances thereon, and finish the work by whatever
method Owner may deem expedient. In such case, the Contractor shall not be entitled to receive any
further payment until Contractor cooperates with Owner and complies with all reasonable requests
regarding the terminated work, the work is finished nor shall it be relieved from its obligations. If the
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unpaid balance of the contract price shall exceed the expense of finishing the work, including
compensation for additional managerial and administrative services, this excess shall be paid to the
Contractor. Reasonable termination expenses incurred by the Owner may be deducted from any
payments left owing the Contractor (excluding monies owed the Contractor for subcontract work). If the
Contractor's surety is directed or agrees to complete the Work, then all payments due after termination
shall be made to the Surety until the Work is finished and the Contract price has been expended. The
Surety shall then be responsible for all of the obligations and duties of the Contractor under the Contract
Documents and shall be bound by the conditions of the Contract Documents, this Contract and the Bond
to fulfill all obligations of the Contract Documents for the Contract price in effect as of termination. The
Surety may not assign those obligations without the written consent of the Owner. The Surety shall be
responsible for the payment of all costs relating to the termination of the employment of the Contractor.
Contractor and its surety shall be jointly and severally liable for all costs in access of the Contract price for
completion of the work and for liquidated damages. If, upon termination for cause it is determined that
Contractor was not in default, the rights and obligations of the parties shall be as if the notice of
termination has been issued for the Owner's convenience.
GC 51 SUSPENSION OR TERMINATION BY OWNER FOR CONVENIENCE.
1. The Owner may, at any time, without cause, order the Contractor in writing to suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine, or to terminate
all or a portion of the Contract for the Owner's convenience. Upon such termination, Contractor waives
any claim for damages, including loss of profits. Those Contract provisions which by their nature survive
final acceptance shall remain in full force and effect. If the Owner orders a suspension, the Contract price
and Contract time shall be adjusted for increases in the cost and time caused by suspension, delay or
interruption. No adjustment shall be made to the extent that performance is, was or would have been so
suspended, delayed or interrupted by another cause for which the Contractor is responsible; or that an
equitable adjustment is made or denied under another provision of this Contract.
GC 52 CONTRACTOR OBLIGATIONS UPON TERMINATION.
Upon receipt of written notice from the Owner of termination, the Contractor shall cease
operations as directed by the Owner in the notice; take actions necessary, or that the Owner may direct,
for the protection and preservation of the work; and except for work directed to be performed prior to the
effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders
and enter into no further subcontracts and purchase orders; and turn over all marked up drawings and
specifications showing progress to date. The Owner may assume and become liable at is sole discretion
for obligations, commitments and unsettled contractual claims that the Contractor has previously
undertaken or incurred in good faith in connection with said Project. Owner shall reimburse the
Contractor for any unpaid and earned Cost of the Project as of the date of termination, less damages or
setoffs applicable under the Contract Documents. The Contractor shall, as a condition of receiving the
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payments referred to herein, execute and deliver all such papers and take all such steps including the
legal assignment of his contractual rights, as the Owner may require for the purpose of fully vesting in him
the rights and benefits of the Contractor under such obligations or commitments.
GC 53 REMOVAL OF EQUIPMENT.
In the case of termination of this Contract before completion, from any cause whatsoever, the
Contractor, if notified to do so by the Owner, shall promptly remove any part or all of its equipment and
supplies from the property of the Owner, failing which the Owner shall have the right to remove such
equipment and supplies at the expense of the Contractor.
GC 54 WARRANTY.
Contractor shall warrant that all materials and equipment included in such Work will be new
except where indicated otherwise in Contract Documents, and that such work will be of good quality, free
from improper workmanship and defective materials and in conformance with the drawings and
specifications. Contractor warrants all equipment, materials and labor furnished under this Contract
against defect in design, materials and workmanship for a period of twelve (12) months from Final
Payment, unless longer warranties are provided in the Contract Documents in which case the longer
period prevails. The Contractor shall collect and deliver to the Owner any specific written warranties
given by others as required by the Contract Documents. Notwithstanding any provisions in the Contract
Documents to the contrary, this express warranty shall commence on the date the Owner obtains the final
certificate of occupancy for the Project (or equivalent). The Contractor shall conduct, jointly with the
Owner, a warranty inspection nine (9) months after the date of Final Completion. Upon receipt of Notice
from the Owner of failure of any part of the guaranteed equipment or materials during the guarantee
period, the defective parts or materials shall be replaced promptly with new parts or materials by the
Contractor, at no expense to the Owner.
GC 55 ROYALTIES AND PATENTS
The Contractor shall pay for all royalties and license fees. Contractor indemnifies and shall
defend and hold Owner and its representatives harmless from and against all claims, losses, costs,
damages and expenses, including attorney fees in connection with any claims or actions based upon
infringement of any patent arising out of the use of any materials or equipment or processes furnished or
employed by Contractor under the Contract. The Owner shall be responsible for all such loss when a
particular process or the product of a particular manufacturer, or manufacturers, is specified; but if the
Contractor has information that the process or article specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such information to the Engineer.
GC 56 VERBAL AGREEMENTS.
No verbal agreement or conversation with any officer, agent or employee of the Owner either
before or after execution of this Contract shall affect or modify any of the terms or obligations contained in
any of the documents comprising said Contract. All contract amendments or change orders shall be
written and executed by both Owner and Contractor.
GC 57 MISCELLANEOUS TERMS.
GC 57.1 Headings. The headings contained in these General Terms and Conditions are
provided for convenience only.
GC 57.2 Integration. This Contract constitutes the entire agreement between Contractor
and the Owner and supersedes all prior verbal and written agreements, understandings,
negotiations and discussions between the parties hereto. The Invitation to Bid and its terms and
conditions are incorporated herein and made a part of this Contract. No verbal agreement or
conversation with any officer, agent or employee of the Owner either before or after execution of
the Contract shall affect or modify any of the terms or obligations contained in any of the
documents comprising said Contract.
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GC 57.3 Severability. The invalidity, illegality or unenforceability of any provision of the
Contract shall not affect the validity, legality or enforceability or any other provision of the
Contract and the Contract shall be construed and enforced in all respects as if the invalid, illegal
or unenforceable provision is not contained herein.
GC 57.4 Assignment. The Contractor shall not assign the Contract as a whole or in part
without the written consent of the Owner, nor shall the Contractor assign any monies due or to
become due to him hereunder without the previous written consent of the Owner and its surety.
Assigning the Contract shall not relieve the Contractor or his surety from any contract
obligations.
GC 57.5 Specific Waiver. Any waiver issued by the Owner of any provision of the
Contract Documents shall only be effective if issued in writing by the Owner and shall be specific,
shall apply only to the particular matter concerned, and shall not apply to other similar or
dissimilar matters. Either party's failure to enforce strict performance of any covenant, term,
condition, promise, agreement or undertaking set forth in the Contract shall not be construed as a
waiver or relinquishment of any other covenant, term, condition, promise, agreement or
undertaking set forth herein, or waiver or relinquishment of the same covenant, term, condition,
promise, agreement or undertaking at any time in the future.
GC 57.6 Public Entity Crimes. By executing a Contract with Owner, Contractor certifies, in
accordance with F.S. 287.133, that Contractor, its affiliates, suppliers, subcontractors and
consultants who will perform under this Agreement have not been placed on the convicted vendor
list maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date of the Invitation to Bid.
GC 57.7 Compliance with Laws. Contractor shall comply with all applicable City, State
and Federal laws relating to the provision of services under this Contract, now or hereafter in
effect. Contractor shall comply with all applicable City, State and Federal laws relating to wages,
hours, and all other applicable laws relating to the employment or protection of employees, now
or hereafter in effect. It shall not be grounds for a change order that Contractor failed to
investigate the codes and regulations of all applicable government agencies with jurisdiction over
the work.
GC 57.8 Small Business Requirements. Contractor shall comply with the City's Small
Business Ordinance set forth in Chapter 66 of the City Code, which is incorporated herein by
reference.
GC 57.9 No Solicitation. Contractor has not employed or retained any person employed
by the Owner to solicit or secure the Contract and it has not offered to pay, paid, or agreed to pay
any person employed by the Owner any fee, commission percentage, brokerage fee, or gift of
any kind contingent upon or resulting from the award of this Agreement.
GC 57.10 Non -Collusion. Contractor certifies that it has entered into no agreement to
commit a fraudulent, deceitful, unlawful or wrongful act, or any act which may result in an unfair
advantage over other bidders or contractors. (F.S. 838.22)
GC 57.11 Equal Employment Opportunitym Non -Discrimination. Contractor will not
discriminate against any employee or an applicant for employment because of race, color,
religion, sex, national origin or handicap. Contractor shall take affirmative action to ensure that
applicants are employed and that employees are treated fairly during employment without regard
to race, color, religion, sex, natural origin or handicap.
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GC 57.12 Apprentices. If the Contractor employs apprentices on the project, the behavior
of the Contractor and the Owner shall be governed by the provisions of Chapter 446, Florida
Statutes, and by applicable standards and policies governing apprentice programs and
agreements established by the Division of Labor of the State of Florida Department of Labor and
Employment Security. The Contractor will include a provision similar to the foregoing sentence in
each subcontract.
GC 57.13 Unauthorized Aliens. The Owner shall consider the employment by Contractor or
its subcontractors, any alien not authorized to work by the immigration laws or the Attorney
General of the United States. Such violation shall be cause for unilateral cancellation of this
contract.
GC 57.14 Right to Audit. Contractor shall maintain adequate records of the services for at
least three (3) years from project occupancy. Owner, during Contractor's business hours and
with at least 24 hours prior notice to Contractor, shall have the right to audit the Contractor's
books and records, at the Owner's expense, with regard to the accounts and services provided to
or on behalf of the Owner hereunder to ensure that all aspects of the Contract are being met.
Failure by Contractor to permit such audit shall be grounds for termination of this Agreement by
the Owner.
GC 57.15 Independent Contractor. Contractor represents that it is properly experienced,
licensed, equipped and financed to perform the work. Contractor acknowledges and agrees that
it is an independent contractor of the Owner and is not an employee of the Owner and shall
maintain control over its employees, subcontractors and work methods. Contractor more
specifically acknowledges that it: will not be eligible to participate in any employee benefit
maintained by the Owner; will not be covered by the Owner's workers' compensation insurance;
and will be solely and exclusively responsible for payment of all federal and state income, social
security, unemployment and disability taxes due in respect of all compensation and/or other
consideration paid by the Owner to Contractor hereunder.
GC 57.10 Availability of Funds. The obligations of the City under this Contract are subject.
to the availability of funds lawfully appropriated for its purpose.
GC 57.16 Litigation. In the event suit is filed to construe or enforce this Agreement, the
prevailing party in such suit shall be entitled to an award of all costs and expenses incurred in
connection therewith, including, but not limited to, reasonable attorneys' fees and costs through
trial and appeal.
GC 57.17 Governing Law: Venue. This Agreement shall be construed and interpreted, and
the rights of the parties hereto determined, in accordance with Florida law. The Owner and
Contractor submit to the jurisdiction of Florida courts and federal courts located in Florida. The
parties agree that proper venue for any suit concerning this Agreement shall be Broward County,
Florida, or the Federal Southern District of Florida. Contractor agrees to waive all defenses to
any suit filed in Florida based upon improper venue or forum nonconveniens.
GC 57.18 Notices. All written notices and other communications required or provided for
under this Contract shall be sent by certified mail, return receipt requested, postage prepaid, in
the case of mailing, or by overnight or same day courier, or hand delivered to the following
address and person bearing the following title for each party hereto or such other addressee or
person as shall be designated by a party in a written notice given in the manner required hereby:
to Owner: City
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to Contractor: [to Contractor at the address listed on the first page of
this Contract to the attention of the Project Manager]
GC 57.19 Taxes. Contractor shall pay all taxes, duties and assessments imposed by law
and applicable to the Contract. Contractor is not entitled to Owner's tax exempt status and shall
pay all sales taxes. The Contract price shall include all taxes.
GC 57.20 Public Records. Contractor shall comply with Chapter 119, Florida Statutes,
regarding access to public records. Failure of compliance may be grounds for termination by the
Owner.
SPECIAL TERMS AND CONDITIONS
1. GENERAL INFORMATION
The original and three (3) copies of your bid shall be submitted to Procurement Division at the
time and date specified. At the designated time and place, the City Procurement Official or
designee will publicly open the bids. These documents constitute the complete set of
specification requirements and bid forms. It is the responsibility of the bidder to insure that all
pages are included. Therefore, all bidders are advised to closely examine this package. Any
questions regarding the completeness of this package should be immediately directed to the
Procurement Division. ALL BID PROPOSALS MUST BE SUBMITTED ON THE PROVIDED
INVITATION FOR BID "PROPOSALS" FORM. BID PROPOSALS ON VENDOR
LETTERHEAD/QUOTATION FORMS WILL NOT BE ACCEPTED.
All bid proposals must be typed or written in ink, and must be signed in ink by an officer or
employee having authority to bind the company or firm. SIGNATURES ARE REQUIRED
WHERE INDICATED, FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF BID.
Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may
be examined during normal working hours, after bid opening, by appointment only.
Time is of the essence and any bid received after the stipulated bid time & date, whether by mail
or otherwise, will be returned unopened. The time of receipt shall be determined by the time
clock located in the office of the Procurement Official. Bids shall be placed in a sealed envelope,
marked in the lower left-hand corner with the Bid number, title, and date and hour bids are
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scheduled to be received. Bidders are responsible for insuring that their bid is stamped by
Procurement Office personnel by the deadline indicated. The City shall in no way be responsible
for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not
be accepted. For information concerning this bid, please contact: City of Tamarac, Procurement
2. REJECTION OF BIDS
The Procurement Official reserves the right to reject any or all bids, in whole or in part, and to
waive any informality in any proposal. Additionally, proposals may be considered irregular and
may be rejected if the proposal: 1) does not strictly conform to the requirements of the bid; 2)
shows omissions; 3) bid form is altered; 4) additions are added which were not called for; 5) is
conditional; 6) the unit prices are, in the opinion of the City, unbalanced either in excess or
below the reasonable cost analysis values; 7) abandonment of the project; and 8) bids are over
the approved budget for the project.
3. BIDDER'S UNDERSTANDING
Bidders shall make all investigation necessary to thoroughly inform themselves regarding the
bid, including visiting the work site to ascertain by inspection pertinent local conditions such as
location, character and accessibility of the site, availability of facilities, location and character of
existing work within or adjacent thereto, labor conditions, etc. The City shall make available to
all prospective Bidders, prior to the receipt of bids, any available information that may be
requested by Bidders. Any such data will be distributed to all prospective bidders as the best
factual information available, without presumption of responsibility for its accuracy or for any
conclusions that the bidder may draw there from. The Bidder shall accept the site or sites in
their present condition.
4. INSPECTION OF FACILITIES
It is the bidder's responsibility to become fully informed as to the nature and extent of the work
required and its relation to any other work in the area, including possible interference from other
site activities. Arrangements for bidder's inspection of facilities and/or activity schedules may be
secured from the Project Manager at (954) 697-3726. Failure to visually inspect the facilities
shall be cause for rejection of your bid.
S. LEGAL REQUIREMENTS
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Federal, State, County and local laws, ordinances, rules and regulations that in any manner
affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a
cause for relief from responsibility.
(1) The City's Small Business Ordinance No. 3790-04 is made a part of these
documents by reference hereto.
(2) In compliance with Florida Statute (Section 287,087) attached form "Drug -Free
Workplace Certification" should be fully executed and submitted with bid response.
(3) The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the
basis for contractual obligations between the awarded contractor/vendor and the City for
any terms and conditions not specifically stated in the Invitation for Bid.
(4) The obligations of the City under this award are subject to the availability of funds
lawfully appropriated for its purpose.
(5) This Invitation for Bid shall be included and incorporated in the final award. The
order of contractual precedence will be the purchase order or price agreement release,
bid document (original Terms and Conditions), and response. Any and all legal action
necessary to enforce the award will be held in the City and the contractual obligations
will be interpreted according to the laws of Florida.
6. CERTIFICATION, LICENSES AND PERMITS
Vendor must include with his bid a copy of all applicable Certificates of Competency issued by
the State of Florida or the Broward County Construction Industry Licensing Board and a current
Occupational License for Broward County in the name of the vendor shown on the bid proposal
page. If awarded contract, vendor will be required to obtain an Occupational License for the
City. It shall also be the responsibility of the vendor to submit, prior to commencement of work,
any and all permits required to complete this contractual service at no additional cost to the City.
7. SUBCONTRACTING
If a vendor subcontracts any portion of a contract for any reason, he must include, in writing, the
name and address of all Minority and Non -Minority subcontractors, their telephone numbers and
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extent of work to be performed. This information shall be submitted with bid proposal on the
Schedule of Subcontractors. All Small Business Enterprise subcontractors must be listed on the
Statement of Small Business Subcontractor Participation and this information submitted with bid
proposal. The City reserves the right to reject a bid of any bidder if the bid names a
subcontractor who has previously failed in the proper performance of an award, or failed to
deliver on time contracts of a similar nature, or who is not in a position to perform under this
award. The City reserves the right to inspect all facilities of any subcontractor in order to make
a determination as to the foregoing.
8. FEDERAL AND STATE TAX
The City/County is exempt from Federal Tax and State Tax for Tangible Personal Property. The Procurement Official will sign an
exemption certificate submitted by the successful bidder. Vendors or contractors doing business with the City/County shall not be
exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any
Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials.
9. EEO STATEMENT
Equal Opportunity: The City/County believes in equal opportunity practices which conform to
both the spirit and the letter of all laws against discrimination and is committed to
nondiscrimination because of race, creed, color, sex, age, or national origin.
10. CONFLICT OF INTEREST
The award hereunder is subject to provisions of State Statutes and City Ordinance. All bidders
must disclose with their bid the name of any officer, director, or agent who is also an employee
of the City/County. Further, all bidders must disclose the name of any City employee who owns,
directly or indirectly, interest of ten percent (10%) or more in the bidder's firm or any of its
branches.
11. BID PROPOSAL COST
Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days
from the date of bid opening or time stated in special conditions.
12. ERRORS/ERASURES/CORRECTIONS
BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED IN INK BY THE
BIDDER. In the event of extension error(s), the unit price will prevail and the bidder's total offer
will be corrected accordingly. In the event of addition errors, the extended totals will prevail and
the bidder's total will be corrected accordingly.
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Bidders may offer a cash discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost of bid evaluation purposes unless otherwise
specified in special conditions. Bidders should reflect any discounts to be considered in the unit
prices bid.
13. POSTING OF AWARD TABULATIONS
Recommended awards will be posted for review by interested parties, at the Procurement
Division, prior to submission through the appropriate approval process, and will remain posted
for a period of five (5) calendar days. Bidders desiring a copy of the bid tabulation of the
Invitation for Bid may request same be enclosing a self-addressed, stamped envelope with their
bid.
14. ADDENDUM
No interpretation or changes to the meaning of the Sealed Bid will be made to any Bidder,
except by written addendum.
All questions regarding this bid should be submitted in writing and must be received no later
than ten (10) calendar days prior to the closing date for bid submittal, addressed to:
Procurement Official
City/County Procurement Division
All questions will be answered via addenda in a questions and answer format.
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15. ACCEPTANCE/REJECTION
The City/County reserves the right to accept or to reject any or all bids and make the award to
the bidder, who in the opinion of the City will be in the best interest of and/or the most
advantageous to the City. The City/County also reserves the right to reject the bid of any
vendor who has previously failed in the proper performance of an award or to deliver on time
contracts of a similar nature or who is not in a position to perform properly under this award.
The City/County reserves the right to inspect all facilities of bidders in order to make a
determination as to the foregoing. The City/County reserves the right to waive any irregularities
and technicalities and may, at its discretion, request a re -bid.
16. SELECTION OF BIDDER WITH WHOM TO CONTRACT
Selection will be based on the lowest responsible and responsive bidder. The ability to meet the
City's construction schedule requirements will be a factor in determining responsiveness, along
with the ability to meet all other requirements in the Invitation to Bid. The City reserves the right
to determine whether the based bid construction schedule or the alternate construction
schedule best fit the City's needs and budget.
17. PROTEST PROCEDURE
Protest procedures are provided in Chapter 66 of the City Code of Ordinances of the
City/County Procurement. A protest must be addressed to the Procurement Official, in writing,
identifying the protester, the solicitation and the basis for the protest and must be received by
the Procurement Official within seven (7) calendar days of the first date that the aggrieved
person knew or should have known of the facts giving rise to the protest. The protest is
considered filed when it is received by the Procurement Official.
Failure to file protest as outlined in the City/County Procurement Ordinance shall constitute a
waiver of proceedings under the referenced City Ordinance.
18. WARRANTIES
The Contractor shall be required to provide a written one (1) year warranty covering all labor,
equipment, and materials provided. If required, as specified elsewhere in these documents, the
Contractor shall furnish to the City a surety or performance bond in the amount of 100% of the
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contract value at time of signing contract.
19. BID BONDS/DEPOSITS
Each bid must be accompanied by a Bid Bond or Deposit in a sum of not less than five percent (5%) of the total bid. Bid Bonds and
deposits amounting to less than one hundred dollars need not be submitted. All checks should be made payable to the City/County.
If the successful bidder fails to deliver as indicated in the Special Terms and Conditions, does not conform to specifications or fails
to perform as agreed upon, the City/County shall be entitled to retain the deposit to rectify the bidder's unacceptable performance.
The only types of acceptable surety will be:
Bid Bond signed by a surety company authorized to do business in the State of
Florida.
2. Cashier Check.
3. Certified Check drawn on a responsible financial institution.
4. U.S. Postal Money Order.
The City reserves the right to hold the bid security of the three (3) best value bidders until the
contract is properly executed. Bid deposits of other unsuccessful bidders will be returned after
award of the contract.
20. PRE -BID SITE INSPECTION AND PRE -BID CONFERENCE
SITE INSPECTION - NONE
PRE -BID CONFERENCE - NONE
21. TIME OF COMPLETION AND LIQUIDATED DAMAGES
BASE BID — TIMEFRAME
The work to be performed as part of the BASE BID project timeframe shall commence on the
date of the written notice to proceed given by the City/County, which is anticipated to be issued
on April 3, 2006. All work that is to be performed as part of this contract shall be substantially
completed by November 30, 2006 and totally 100% completed by December 31, 2006, with
such extensions of time in calendar days as are provided for in the General Terms and
Conditions outlined below.
If said work is not substantially completed within the specified timeframes listed above, the
contractor shall be liable and hereby agrees to pay the owner as liquidated damages, and not
as a penalty, the sum of $ 300.00 dollars per calendar day between the date Substantial
Completion of the work is achieved and the Final 100% Completion date and or Acceptance by
the City/County for each and every day or part of a day thereafter that said work remains
incomplete.
22. SPECIAL PROVISIONS
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City of Tamarac
Purchasing and Contracts Division
The Contractor shall comply with the following special provisions as part of the contract for the
Flagler Drive Downtown Waterfront Seawall Replacement Project:
(1) (A) BASE BID- TIMEFRAME
The total time for the project construction will commence with a Written Notice to
Proceed from the City. Contractor shall be substantially completed with the
Project within 105 calendar days from receipt of the Notice To Proceed and shall
be 100% Final complete within 30 calendar days of Substantial completion.
(B) CPM SCHEDULE AND NARRITIVE
The Contractor shall submit to the City as part of his bid submission, a detailed
construction schedule in CPM format outlining the proposed progress of the work
to be performed by the Contractor and his subcontractors for the BASE BID —
TIMEFRAME.
The Contractors CPM schedule for the BASE BID — TIMEFRAME shall include
but not be limited to the demolition phasing dates of the work, manufacturing
dates of all components, all phasing dates of the total work required for each
component to be manufactured and installed, the start and completion dates for
each phase of the individual components to be installed, street closure dates and
durations including the start and completion dates of each phase.
In addition to the CPM schedule for the BASE BID — TIMEFRAME, the
Contractor shall submit, in narrative format, a detailed description of the means
and methods for the Contractor's work including but not limited to the
mobilization and demobilization of all equipment and materials, the demolition
sequencing of the work, the individual phasing sequencing of each component
manufacturing and installation, the Contractor's proposed manpower and
equipment allocations and commitments for each phase of the work, the
Contractor's proposed work hours for each day to be worked, the phasing of
road closures with their closure dates and durations, work sequence and days of
the week the Contractor and his subcontractors will require from the City to
complete the work within the time frames of the BASE BID — TIMEFRAME.
The CPM schedules for the BASE BID — TIMEFRAME and narrative approach
for the project will be used by the City in determining the best value in awarding
the construction contract.
The contractor will not be allowed to change his submitted CPM schedule for the
BASE BID — TIMEFRAME prior to and or after the Award of Contract and the
Notice to Proceed is issued by the City/County without prior written approval of
the City/County's Project Manager.
(2) The Contractor shall provide daily clean up of the project work area. Cleanup shall
include but not be limited to removal of trash, construction debris, excavated materials and
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materials generated as a result of the demolition of the existing sidewalks, curbs and gutters,
road way components.
(3) The Contractor shall restore all roadways immediately upon the completion of each
segment and or phase of the construction. Such restoration shall be to the satisfaction of the
City/County.
(4) The Contractor shall submit for the City/County review and approval, as part of his bid
submission, a sample copy of his company's daily reporting format for reporting the progress of
construction. This format shall include but not be limited to the detailing of all labor, equipment
and materials used in the construction of the project along with the areas worked, type of work
performed, problems encountered and daily weather conditions at the work areas. The
Contractor will be required to submit to the City/County's Project Manager, copies of all daily
reports completed by the Contractor's personnel and his subcontractors at the beginning of the
following work day for each day worked.
(5) The Contractor shall be required to submit (2) copies of 8 1/2"x 11" progress color
photos indicating the completion of the contract work with the dates that the work was
performed, on a weekly basis to the City's Project Manager. The Contractor shall also be
required to submit as -built surveys, by a registered land surveyor licensed to do work in the
State of Florida, on a weekly basis to the City's Project manager that indicate the completion of
contract work by the Contractor and his subcontractors.
(6) The Contractor shall provide as part of the contract work, adequate sanitary facilities,
within the fenced -in areas of the total project area, for the use of the Contractor's workmen.
(7) Street Lighting. Systems, Pedestrian Lighting Systems. Electrical distribution Systems.
The Contractor shall at all times protect and maintain the operation of the existing street lighting
systems, the existing pedestrian lighting systems and the existing underground electrical
distribution systems within the project area including but not limited to all poles, conduits, wiring,
pull boxes, transformers, switchgear assemblies, meter assemblies, service connection
assemblies and lighting fixtures that are located within the project whether shown or not shown
on the contract drawings.
The Contractor shall protect and maintain all existing landscaping and irrigation systems within
the project area during construction.
(8). The Contractor shall maintain and provide a safe access for vehicles and pedestrians at
all times within the project area.
(9) Landscaping and Irrigation Systems - The contractor shall at all times protect and
maintain the existing landscaping and irrigation systems within the project area.
23. INSURANCE PROVISIONS
24. COMPLIANCE WITH REQUIRED CONTRACT PROVISIONS
Bidders shall cite compliance with the Required Contract Provisions and shall execute and
include the following in their bid proposals:
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