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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-014Temp. Reso. 10879 12/27/05 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NUMBER 05-22B TO TENEX ENTERPRISES, INC. AND EXECUTE A CONTRACT WITH TENEX ENTERPRISES, INC., THE MOST RESPONSIVE AND RESPONSIBLE BIDDER FOR AN AMOUNT OF $769,113.25 FOR THE NW 70" AVENUE TRAFFIC CALMING IMPROVEMENT PROJECT, AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS OR REVISIONS TO THE WORK PLAN PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING BUDGETARY TRANSFERS AS NECESSARY FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVITE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved the Seven Year Comprehensive Street Improvement Program through the approval of Resolution No. R98-227; and WHEREAS, five (5) phases of this Program, totaling approximately 121 miles of City streets have been completed; and WHEREAS, the NW 70t' Avenue Traffic Calming Improvement Project as part of this Program is being proposed; and WHEREAS, the City of Tamarac publicly advertised Bid No. 05-22B NW 70"' Avenue Traffic Calming Improvement Project (see Exhibit #1), a continuance of the Seven Year Comprehensive Street Improvement Program in the Sun -Sentinel on October 9t' and October 16"', 2005; and Temp. Reso. 10879 12/27/05 Page 2 WHEREAS, December 19th, 2005, five (5) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Tenex Enterprises, Inc. provided the most responsive and responsible bid for the NW 70t"' Avenue Traffic Calming Improvement Project, a continuance of the Seven Year Comprehensive Street Improvement Program, a copy of the bid tabulation (Exhibit #2) and the Tenex Bid (Exhibit #3) are hereto attached; and WHEREAS, available funds exist in the Seven Year Comprehensive Street Improvement Program and Stormwater Capital Improvement budget for the aforesaid purpose; and WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City award Bid No. 05-22B to and authorize appropriate City officials to execute agreement (Exhibit #4) with Tenex Enterprises, Inc. for the NW 70th Avenue Traffic Calming Improvement Project, a continuance of the Seven Year Comprehensive Street Improvement Program in the amount of $769,113.25; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid #05-22 B to Tenex Enterprises, Inc. for the NW 70th Avenue Traffic Calming Improvement Project, a continuance of the Seven Year Comprehensive Street Improvement Program and authorize an expenditure in an amount not to exceed $769,113.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 1 1 1 1 Temp. Reso. 10879 12/27/05 Page 3 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid No. 05-22B for the NW 70V'Avenue Traffic Calming Improvement Project, a continuance of the Seven Year Comprehensive Street Improvement Program to Tenex Enterprises, Inc. is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute the Agreement between the City of Tamarac and Tenex Enterprises, Inc. for the NW 700' Avenue Traffic Calming Improvement Project, a continuance of the Seven Year Comprehensive Street Improvement Program, a copy being hereto attached as Exhibit#4. SECTION 4: An expenditure in an amount not to exceed $769,113.25 is hereby authorized to Tenex Enterprises, Inc. SECTION 5: The Resolution authorizes necessary budget transfer to accommodate this action. SECTION 6: The City Manager is hereby authorized to make additions, deletions or revisions to the Seven Year Comprehensive Street Improvement Program pursuant to Section 6-156 of the Code of the City of Tamarac. SECTION 7: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. 10879 12/27/06 Page 4 SECTION 8: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 9: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 15 day of J on Vp/y 2006. ATTEST: MARION SWE14SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMU L S. GOREN CITY ATTORNEY RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER _ DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS JOE SCHREIBER E: MAYOR 1 1 u TR 10879 EXHIBIT 1 INVITATION TO BID BID NO. 05-22 B NW 70TH Avenue Traffic Calming Improvement Project 10/03/05 BID SET City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement BID NO.: 05-22B BID TITLE: NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENT PRJECT BID OPENING DATE/TIME: NOVEMBER 9, 2005 BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-724-2443 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: OCTOBER 19, 2005 BONDING: 5% Bid Bond, 100% Payment/Performance Bond Bid Pkg Cost: $90.00 GENERAL CONDITIONS These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by Indicating such change in the Instructions to Bidders or in the special conditions of the bid. Any and all special conditions that may vary from these general conditions shall prevail over any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. SEALED BIDS This form should be submitted. with all Bid Forms in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. City of Tamarac 0- It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of Purchasing and Contracts division contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. City of Tamarac and Contracts Division In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of ninety (90) calendar days. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder should enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED. EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder, The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidders name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 13, BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Project Manager prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. i4:7Y@]:3i5/112[a]4 Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated In the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor, TERMINATION a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 94:1L'iI12/_1 1L*1► 6111X*1iVA 4211*y.4 The final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid City of Tamarac and Contracts Division its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, gender, national origin, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this 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. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Purchasing Division certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial $1,000,000 $1,000,000 General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Statutory Workers' Compensation & Employer's Liability Builder's Risk Insurance is required in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value. The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. of Tamarac and Contracts Division The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. FT�i�I�7�i51►IIJ191A1119 it The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. BID TABULATION Bidders may download the bid tabulation on-line at http://www,tamarac.o[g/Der)t/fin/nurch/results.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. RIT: l;7 x6191:f 91:-'i11ANI VI The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor, The Contractor agrees to make available to. the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. City of Tamarac Purchasing and Contracts Division INVITATION TO BID BID NO.05-22B Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 4:00 p.m. local time on November 9, 2005 at which time bids will be publicly opened and announced for the NW 70th Avenue Traffic Calming Improvement Project. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids shall be submitted on the official Bid Forms furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal should be plainly marked "City of Tamarac, NW 70th Avenue Traffic Calming Improvement Project" on the outside of the envelope. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount not less than 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Pre -Bid Conference will be held on October 21, 2005, @ 10:OOAM, located at 7525 NW 88`h Avenue, Tamarac, Florida 33321, Room 105. All parties interested in bidding on this project should attend this meeting. The work to be performed consists furnishing all labor, materials, tools, and equipment necessary, as indicated in the specifications herein, for the reconstruction of Southgate Boulevard (approx. 4300 linear feet) west of Nob Hill Road, which consist of demolition of a portion of the existing roadway, installation of new pavement, traffic calming elements, off-street parking, traffic signage and striping, landscaping and irrigation, as well as all appurtenances and other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and purchase for $90.00 per set in the Purchasing Office, Room 108. This fee is payable by cash or check made out to the City of Tamarac. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. For technical issues, direct questions in writing, to the Project Manager, John E. Olinzock at fax number (954) 724-2539, or via email to j hno tamarac.or . Be sure to include the Project Name and Bid Number on all correspondence. James S. Nicotra, CPPB Senior Procurement Specialist Publish Sun Sentinel: Sunday, October 9 2005 and Sunday October 16, 2005 City of Tamarac Purchasing and Contracts Division TABLE OF CONTENTS Bid 05-22B General Terms and Conditions........................................................ - TechnicalSpecifications......................................................................................................9 Drawings........................................................................................................................... 10 Instructions to Bidders....................................................................................................... 11 SpecialConditions.............................................................................................................13 SpecialProvisions.............................................................................................................19 BidCoversheet Checklist.................................................................................................. 41 Bid Form and Schedule of Bid Prices ............................................ SCH-1 — SCH-9 Non -Collusive Affidavit...................................................................................................... 42 Certification....................................................................................................................... 44 Bidder's Qualification Statement....................................................................................... 45 References........................................................................................................................ 46 VendorDrug -Free Workplace............................................................................................ 47 List of Subcontractors........................................................................................................ 48 CertifiedResolution........................................................................................................... 49 TrenchSafety.............................................................................................................50 BidBond............................................................................................................................51 FormPayment Bond......................................................................................................... 53 FormPerformance Bond................................................................................................... 59 Application for Payment Change Order Final Release of lien by Contractor Sample Form of Agreement.......................................................................................... 1 — 7 8 City of Tamarac and Contracts Division TECHNICAL SPECIFICATIONS SECTION TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01005 TECHNICAL PROVISIONS 01050 FIELD ENGINEERING 01060 REGULATORY REQUIREMENTS & PERMITS 01070 ABBREVIATIONS OF INSTITUTIONS 01090 REFERENCE STANDARDS 01100 SUMMARY OF WORK 01152 APPLICATIONS FOR PAYMENT 01291 MEASUREMENT AND PAYMENT 01320 PROJECT RECORD DOCUMENT 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01400 QUALITY CONTROL 01410 TESTING LABORATORY SERVICES 01500 CONSTRUCTION CONSIDERATIONS 01505 MOBILIZATIONS 01510 TEMPORARY UTILITIES 01530 PROTECTION OF EXISTING FACILITIES 01555 TRAFFIC REGULATIONS 01560 TEMPORARY CONTROLS 01710 CLEANING 01770 CONTRACT CLOSEOUT DIVISION 2 - SITE WORK 02210 SUB SURFACE INVESTIGATION 02221 DEMOLITION 02230 SITE CLEARING 02240 DEWATERING 02300 EARTHWORK 02305 EXCAVATION AND BACKFILLING FOR UTILITIES 02310 SITE GRADING 02535 STRUCTURES AND MAINTENANCE ACCESS STRUCTURES (MANHOLES) 02630 STORM DRAINAGE FACILITIES 02741 ASPHALTIC CONCRETE PAVING - GENERAL 02761 PAVEMENT MARKING 02775 CONCRETE SIDEWALK 02810 UNDERGROUND IRRIGATION 02900 LANDSCAPE WORK 02919 TOPSOIL 02922 SODDING DIVISION 3 — CONCRETE 03050 CONCRETE 03100 CONCRETE FORMWORK 03200 CONCRETE REINFORCEMENT 03300 CAST -IN -PLACE CONCRETE 03390 CONCRETE CURING City of Tamarac and Contracts Division SHEET DRAWING 0 C-0 1 C-1 2 TO 7 C-2 TO C-7 8 TO 13 C-8 TO C-13 14 C-14 1 TO 5 L-1 TO L-5 6 L-6 1 TO 5 IR-1 TO IR-5 6 IR-6 7 1 R-7 DRAWINGS TITLE COVER SHEET GENERAL NOTES & SPECIFICATIONS DEMOLITION PLANS PAVING, GRADING, DRAINAGE & STRIPING PLANS TYPICAL SECTION AND DETAILS LANDSCAPING PLAN LANDSCAPING DETAILS & NOTES IRRIGATION PLAN IRRIGATION DETAILS IRRIGATION NOTES City of Tamarac Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS BID NO.05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENT PROJECT It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. DESCRIPTION OF WORK Bids are hereby requested from ualified Contractors for the construction of roadway traffic calming improvements in NW 709.h Avenue. The project limits are from McNab Road north to University Drive. In the area from McNab Road north to NW 77th Street, the work includes demolition of a portion of the existing roadway pavement as well as portions of existing driveways within the limit of work, installation of storm drainage improvements, swale grading and sodding, driveway restoration, sidewalk construction and signing and marking of completed roadway improvements. In the balance of the area from NW 771h Street north to University Drive, the work includes the demolition of a portion of the existing roadway pavement and portions of existing driveways and parking spaces, the installation of storm drainage improvements, swale grading and sodding, driveway and parking space restoration, sidewalk construction, concrete curbing, brick pavers, median landscaping and irrigation improvements, and signing and marking of completed roadway improvements. A. LICENSES To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses; State: Certified General Contractor License, as defined by F.S. 489.105 3a M County: Category 3a — Specialty Engineered Paving Builders License Occupational license must be in effect as required by Florida Statute §205.065. B. LIQUIDATED DAMAGES Upon failure of the Contractor to complete each individual requirement within the specified and mutually agreed upon time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of three hundred dollars ($300.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor. The amount of such liquidated damages and if the amount retained by City is insufficient to pair in full such liquidated 11 Purchasing and Contracts Division damages, Contractor shall pay in full such liquidated damages. Contractor shall also be responsible for reimbursing City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. C. CONTACT INFORMATION For technical inquiries, contact the Project Manager, John E. Olinzock, Public Works Department, at (954) 724-2539. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. 12 of Tamarac and Contracts Division SPECIAL CONDITIONS BID 05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENT PROJECT 1. BID GUARANTY An acceptable Bid Bond, Cashier's Check, money order, irrevocable letter of credit or Certified Check payable to the City of Tamarac in an amount not less than 5% (five percent) of the bid price, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this bid. The Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. Upon award of the Contract, Payment and Performance Guaranty in the bid award amount will be required within 15 calendar days of award and shall continue in effect until the contract expiration. 2. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified superintendent present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. It shall be the responsibility of the Contractor to remove from the job site and properly dispose of all residues at the end of each and every workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 13 of Tamarac and Contracts Division 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all City permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as may be required by those agencies. Cost of any required permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department, and Building Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 8. WAIVER OF LIENS Prior to Final Payment of 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 subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor 14 City of Tamarac Purchasing and Contracts Division shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 9. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery costs and charges must be included in the bid price. Project substantial completion shall be within 258 calendar days from Contractor's receipt of City's Notice to Proceed. Final completion shall be 30 calendar days from date of substantial completion. 10. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 11. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, plans and specifications (where applicable), any addenda or change orders, bond(s), insurance certificate(s), and the City's Resolution awarding the bid. 12. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 13. CHANGES IN THE WORK/CONTRACT PRICE 13.1 CONTRACT PRICE The Contract Price 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 his expense without changein the Contract Price or Time except as approved in writing by the Engineer/Project Manager. 15 of Tamarac Purchasing and Contracts Division 13.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner/Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 14. CHANGES IN CONTRACT TIME 14.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. irwMitlem- Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 14.3 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 15. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. 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 EN City of Tamarac Purchasing and Contracts Divisio» 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. 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. City of Tamarac purchasing and Contracts Division 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. ffA of Tamarac and Contracts Division SPECIAL PROVISIONS BID 05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENT PROJECT 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the construction of roadway traffic calming improvements in NW 70t" Avenue. The project limits are from McNab Road north to University Drive. The work includes demolition of portions of existing roadway pavement as well as portions of existing driveways, installation of storm drainage improvements, swale grading and sodding, driveway restoration, sidewalk construction, concrete curbing, brick pavers, median landscaping, irrigation improvements, signing and marking of roadway improvements. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural of each: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment - the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents, 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. Also referred to as Owner. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 05-22B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2.7 Contract Times — the number of consecutive calendar days stated in the Contract Documents to achieve substantial completion and/or complete the City of Tamarac Purchasing and Contracts Division Work so that it is ready for final payment as evidenced by the Engineer/Project Managers written recommendation of final payment. 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents, 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer' and "Engineer/Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Time. 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications -- Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the City's acceptance of the job. KJ of Tamarac Purchasing and Contracts Division 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive — A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. The Technical Specifications 2. The Contract Drawings 3, The Special Provisions 4. Special Conditions 5. The Instructions to Bidders and General Terms and Conditions 6. The Sample Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that City of Tamarac and Contracts Division have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 6.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 6.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 6.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 6.4 The Contractor shall assign to the work site at least one (1) supervisor at all time capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 6.5 The Contractor shall be aware that the job may be subject to vehicular and pedestrian traffic at all times of the day and night. 6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. City of Tamarac -W Purchasing and Contracts division 6.7 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 6.8 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 6.9 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 6.10 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 6.11 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 6.12 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 6.13 The Contractor shall correct all Work, which does not conform to the Contract Documents, 6.14 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 6.15 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate 23 City of Tamarac Purchasing and Contracts Division governmental authorities and agencies in obtaining all permits and approvals. 6.16 Without limiting the foregoing, the Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits, not previously obtained by the owner or its agent, from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 6.17 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 6.18 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of contract with the Contractor to perform any portion of the Work, including their agents and employees. ' 6.19 The Engineer/Project Manager shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such work. All Change Orders must be approved by the City Manager or designee identified as such in writing. 6.20 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 6.21 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT 7.1 The Contractor shall be familiar with the total scope of the project prior to commencement of any work. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. 7.2 The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 7.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. City of iarnarac Purchasing and Contracts Division 8. SHOP DRAWINGS AND SAMPLES 8.1 The Contractor shall submit to The Engineer/Project Manager for review and approval eight (8) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 8.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 8.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 8.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents, 8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 9. SUBCONTRACTORS, SUPPLIERS AND OTHERS 9.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment W of Tamarac Purchasing and Contracts Division fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 9.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 10. CITY'S RESPONSIBILITIES 10.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 10.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 10.6 The City shall communicate with subcontractors only through the Contractor. 10.7 The City shall furnish data required of the City under the Contract Documents promptly. 10.8 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any PQ of Tamarac Purchasing and Contracts Division portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 11.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is made. 11.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 11.3 The Engineer/Project . Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 11.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 11.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL City will make every effort to provide suitable areas within or near the project site. Restoration of all storage areas shall be Contractor's responsibility. 13. CLEANUP AND RESTORATION 13.1 During and after completion of all work, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of City of Tamarac 0 Purchasing and Contracts Division loose material. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of work. It shall be the Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 13.2 Cleanup shall be performed on a routine basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 14, Damage To Public And/Or Private Property. 13.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 13.4 The project site shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 13.5 If the Contractor fails to properly maintain the site or perform required clean- ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 13.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced.in equal or better condition at no additional cost to the City. 14.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 14.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 14.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at 28 V of Tamarac Purchasing and Contracts Division (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 14.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. CONNECTION TO CITY WATER The Contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to start of work. 16. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items. 17. ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 18. TESTS AND INSPECTIONS 18.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 18.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 18.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. City of Tamarac Purchasing and Contracts Division 19. CORRECTION OR REMOVAL OF DEFECTIVE WORK 19.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Final Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 19.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 19.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 19.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 20. PROGRESS PAYMENTS 20.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the of Tamarac and Contracts Division Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 20.3 The City shall retain Ten percent (10%) of all monies earned thru 50% of project completion by the Contractor, and 5% thereafter, until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, do not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 20.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. 20.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 20.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 20.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is 31 City of Tamarac and Contracts Division retained by the seller or otherwise imposed by the Contractor or such other person. 20.9 The Contractor may apply for the return of the retainage held pursuant to Section 20.3, if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both. Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed as identified on the final punchlist. The requirements of retainage include the following: 20.9.1 Repair and/or replacement of faulty or defective Work. 20.9.2 As -built drawings are submitted to and accepted by the City. 20.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 20.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 20.9.6 Release of Lien is submitted and accepted by the City. 20.9.6 The Contractor's completion of Punch List. 20.9.7 Warranties are submitted to and accepted by the City. 21. CHANGE QUANTITIES/CHANGE ORDERS 21.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change. Order or Work Change Directive shall authorize such additions, deletions or revisions. 21.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the appropriate City authority prior to their issuance and before Work may begin. 21.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 21.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 32 City of Tamarac and Contracts Division 21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 21.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 21.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 21.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 21.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than fifteen (15) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 21.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 21.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 21.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 21.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 22. REGULATORY CHANGES The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 33 of Tamarac Purchasing and Contracts Division 23. SUBSTANTIAL COMPLETION The specified warranty period for a specific Project does not begin until final completion of that project under that project's individual Notice to Proceed. 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall address such deficiencies in accordance with Section 19 "Correction or Removal of Defective Work" of this document. 25. FINAL APPLICATION FOR PAYMENT 25.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 25.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, "As -Built" plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As - built" drawings. 34 City of Tamarac Purchasing and Contracts Division 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. After presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor within the required time frame under Florida statue regarding such payments. 26.2 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been approved by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.2.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.2.2 Faulty or defective Work and latent defects discovered after acceptance. 26.2.3 Failure of the Work to comply with the requirements of the contract documents. 26.2.4 Terms of special warranties required by the contract documents. 26.2.5 Any of the Contractor's continuing obligations under this Agreement. 26.3 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 35 of Tamarac Purchasing and Contracts Division 27. CITY'S RIGHT TO WITHHOLD PAYMENT 27.1 The City may withhold in part, final payment or any progress payment to such extent as allowed under Florida statute, necessary to protect itself from loss on account of: 27.2 Defective Work not remedied. 27.3 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.5 Damage to another Contractor not remedied. 27.6 The Contractor has incurred liability for liquidated damages. 27.7 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.8 Reasonable evidences that the Work will not be completed within the Contract time. 27.9 Failure to carry out the Work in accordance with the Contract Documents. 27.10 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 28. WARRANTIES 28.1 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 28.2 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 28.3 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. City of Tamarac 0 Purchasing and Contracts Division 29. CORRECTION PERIOD 29.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of final acceptance by the City. If within the period of warranty from the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall commence with corrective action within seven (7) days after written notice of the such defect, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced., and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 29.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 29.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Article 29, relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 30. CONSTRUCTION SCHEDULE 30.1 The construction schedule shall be in the form of a tabulation, chart or graph (MS Project latest edition) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the City of Tamarac 0 Purchasing.and Contracts Division Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 30.2 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 30.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 30.4 The construction schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 30.5 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. The Contractor shall not utilize such time without the prior written consent of the City. 30.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineer/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer/Project Manager a revised construction schedule for approval. 31. PROTECTION OF PERSONS AND PROPERTY 31.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 31.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 31.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 31.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. City of Tamarac Purchasing and Contracts Division 31.6 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 31.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 31.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 32. HURRICANE AND SEVERE WEATHER PRECAUTIONS 32.1 The Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment to the satisfaction of Engineer/Project Manager. Engineer/Project Manager shall not be held liable for the construction site, materials, debris, and equipment. 32.2 All construction materials or equipment will be secured against displacement by wind forces. 33. WORK BY THE CITY OR CITY'S CONTRACTORS 33.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 33.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 33.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 34. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 35. CONTINGENCY ALLOWANCE A contingency allowance may have been allowed for this. project as a pre-printed amount shown on the Bid Form/Schedule of Bid Prices. The Contractor shall add this amount to fell AML City of Tamarac Purchasing and Contracts Division the total bid amount. If a contingency allowance is stipulated in the bid, the Contractor is not to use this contingency allowance without written permission from the City and upon written justification to the City for such use. Although the contingency allowance may be contained in the contract award amount, Contractor agrees that any unused portion of the contingency allowance shall remain with City and Contractor agrees they shall have no claim for the unused amount. The Contractor further agrees to execute a Change Order to the contract amount as may be required to deduct the unused amount of the contingency. 40 City of Tamarac AAL _�w COMPANY NAME: (Please Print): Phone: Purchasing and Contracts Division Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. ❑ Properly fill out the Bid Forms and the Schedule of Bid Prices. 3. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. ❑ Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. 5. ❑ Fill out the Bidder's Qualification Statement. 6. ❑ Fill out the References page. 7. ❑ Sign the Vendor Drug Free Workplace Form. 8. ❑ Fill out the List of Subcontractors. 9. ❑ Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. ❑ Fill out and sign the Certified Resolution. 11. ❑ Include proof of insurance. 12. ❑ Include copy of State Certified or County Competency License(s) 13. Trench Safety Form, if applicable. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 41 of Tamarac and Contracts Division BID FORM 11NJ►10KII&*4-3 NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENT PROJECT The City of Tamarac is hereby requesting Bids from qualified contractors for the construction of roadway traffic calming improvements in NW 70th Avenue. The project limits are from McNab Road north to University Drive. In the area form McNab Road north to N.W. 77th Street the work includes demolition of a portion of the existing roadway pavement as well as portions of existing driveways within the limit of work, installation of storm drainage improvements, Swale grading and sodding, driveway restoration, sidewalk construction and signing and marking of completed roadway improvements. In the balance of the area from N.W. 77th Street north to University Drive the work includes the demolition of a portion of the existing roadway pavement and portions of existing driveways and parking spaces, the installation of storm drainage improvements, swale grading and sodding, driveway and parking space restoration, sidewalk construction, concrete curbing, brick pavers, median landscaping and irrigation improvements, and signing and marking of completed roadway improvements. In order to be considered for this project, the Bidder shall possess, at time of bid opening, one of the following State Certified, County Competency or equivalent licenses: A State Certified General Contractor with at least three (3) years of verifiable full- time successful experience on similar size and scope projects. M 2. A County Competency, Category 3a — Specialty Engineered Paving Builders License with at least three (3) years of verifiable full-time successful experience on similar size and scope projects. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 01025 of the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner SCH- f Bid Form & Schedule of Bid Prices City of Tamarac BID SCHEDULE Purchasing and Contracts Division Bidder agrees that any unit price listed is to be multiplied by the estimated quantity requirements listed below in order to arrive at the total price. For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. I. N.W.70'h Avenue — McNab Road North to N.W. 771e Street ITEM DESCRIPTION EST. UNIT UNIT PRICE TOTAL NO, QTY. PRICE A. DEMOLITION 1 Pavement Removal 5,153 SY $ $ 2 Striping Removal (Hydroblast) 987 SF $ $ Sub -Total Demolition: $ B. ROADWAY 1 Type "D" Curb 100 LF $ $ 2 Reconstruct Asphalt Driveway 1,144 SY $ $ 3 Pavement Restoration (Roadway) 49 SY $ $ 4 Sodding 3,631 SY $ $ 5 Swale Clearing and Grading 3,631 SY $ $ 6 Sand (Swales) 573 CY $ $ Sub -Total Roadway: $ C. DRAINAGE 1 15" Yard Drain 32 EA $ $ 2 15" PVC Manhole 2 EA $ $ 3 24" PVC Manhole 2 EA $ $ 4 Relocate Existing Structure 1 EA $ $ 5 Remove Inlet Top Replace w/ MH Top 2 EA $ $ 6 Type C-A Inlet 2 EA $ $ SCH-2 Bid Form & Schedule of Bid Prices City of Tamarac Aa. Purchasing and Contracts Division I. N.W.70'h Avenue — McNab Road North to N.W. 77"' Street ITEM DESCRIPTION EST. UNIT UNIT PRICE TOTAL NO. QTY. PRICE 7 15" HDPE 718 LF $ $ 8 Concrete Apron (6" Thick) 35 EA $ $ 9 Core Existing Structure 28 EA $ $ - Sub -Total Drainage: $ D. SIDEWALK 1 4' Concrete Sidewalk 0" Thick) 4,504 LF $ $ 2 4' Concrete Sidewalk (6'.' Thick) 816 LF $ $ 3 Detectable Warning Surface 340 SF $ $ Sub -Total Sidewalk: $ E. SIGNING & STRIPING 1 6" Double Yellow 960 LF $ $ 2 6" Solid White 4,195 LF $ $ 3 6" Solid Yellow 100 LF $ $ 4 18" Solid White 0 LF $ $ 5 18" Solid Yellow 0 LF $ $ 6 24" Solid White 240 LF $ $ 7 Pavement Wording Message 2 EA $ $ 8 Solid White Turn Arrow 4 EA $ $ 9 Reflective Pavement Marker (Colorless/Red) 6 EA $ $ 10 Reflective Pavement Marker (Amber/Amber) 30 EA $ $ Sub -Total Signing & Striping: $ SUB TOTAL, — N.W.70th Avenue — McNab Road North to N.W. lit" Street: $ SCH-3 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division II. N.W. 771h Avenue — North to University Drive ITEM DESCRIPTION EST. UNIT UNIT PRICE TOTAL NO. QTY. PRICE A. DEMOLITION 1 Pavement Removal 5,153 SY $ $ 2 Striping Removal (Hydroblast) 1,523 SF $ $ Sub -Total Demolition: $ B. ROADWAY 1 Type "D" Curb 2,880 LF $ $ 2 Reconstruct Asphalt Driveway 0 SY $ $ 3 Pavement Restoration (Roadway) 0 SY $ $ 4 Sodding 11,221 SY $ $ 5 Swale Clearing and Grading 11,221 SY $ $ 6 Sand (Swales) 570 CY $ $ Sub -Total Roadway: $ C. SIGNING & STRIPING 1 6" Double Yellow 2,460 LF $ $ 2 6" Solid White 7,882 LF $ $ 3 6" Solid Yellow 2,880 LF $ $ 4 18" Solid White 70 LF $ $ 5 18" Solid Yellow 578 LF $ $ 6 24" Solid White 0 LF $ $ 7 Pavement Wording Message 1 EA $ $ 8 Solid White Turn Arrow 1 EA $ $ 9 Reflective Pavement Marker (Colorless/Red) 0 EA $ $ 10 Reflective Pavement Marker (Amber/Amber) 740 EA $ $ Sub -Total Signing & Striping: $ , SCH-4 Bid Form & Schedule of Bid Prices City of Tamarac II. N.W. 77"' Avenue — North to University Drive Purchasing and Contracts Division ITEM DESCRIPTION EST. UNIT UNIT PRICE TOTAL NO. QTY. PRICE D. LANSDCAPING 1 Hamelia patents `Compacta' 991 EA $ $ 2 Jatrophia integerrima 8 EA $ $ 3 Quercus virginiana 8 EA $ $ 4 Schefflera arboricola `Trinette' 956 EA $ $ 5 Veitchia montgomeryana 45 EA $ $ 6 Soil Mix 280 CY $ $ 7 Mulch 110 CY $ $ Sub -Total Landscaping: $ E. IRRIGATION 1 ``/Z" Mainline sch 40 320 LF $ $ 2 1" Remote Control Valves 17 EA $ $ 3 Spray Heads 264 EA $ $ 4 TBOS Battery Controllers 16 EA $ $ 5 POC's (Backflow, Meter, Tap, etc.) 16 EA $ $ 6 Sleeving 800 LF $ $ Sub -Total Irrigation: $ F. PAVERS I Brick pavers including 1-1/2" Sand Bed and 4" Limerock Base 2,110 SF $ $ Sub -Total Pavers: $ SUB TOTAL — N.W. 771h Avenue — North to University Drive: $ SCH-5 Bid Form & Schedule of Bid Prices City of Tamarac _W Purchasing and Contracts Division III. Miscellaneous ITEM DESCRIPTION EST. UNIT UNIT PRICE TOTAL NO. QTY. PRICE A *Mobilization (Not to exceed 5% of 1 LS $ $ Bid amount) B Maintenance of Traffic 1 LS $ $ C Testing 1 LS $ $ D Permits 1 LS $ $ E Payment Bond 1 LS $ $ F Performance Bond 1 LS $ $ G **Contingency Allowance 1 LS $ 30,700.00 $ 30,700.00 Sub -Total Miscellaneous: $ GRAND TOTAL: $ 'Mobilization, Item A, has a 5% cap. Any amount entered above 5%, shall be added to Item B, Maintenance of Traffic, and will not change the total price bid. **Reference Page 39, Para 35 of the Special Provisions for terms of the Contingency Allowance. NAME OF BIDDER: SCH-6 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SCH-7 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number Contractor's License Number SCH-8 Bid Form & Schedule of Bid Prices of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.06-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT Bidder's Name: TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at time of bid opening. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. SCH-9 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of )ss. County of ) and says that: being first duly sworn, deposes He/she is the (Owner, Partner, Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; 5. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 6. Such Proposal is genuine and is not a collusive or sham Proposal; 7. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 8. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness 42 m Printed Name Title ACKNOWLEDGMENT State of Florida County of Purchasing and Contracts Division On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 43 of Tamarac and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements -of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number Contractor's License Number 44 City of Tamarac Purchasing and Contracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: 45 City of Tamarac Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business. during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 46 City of Tamarac 0 Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 9. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 10. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 11. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 12. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 13. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature 47 Company Name City of Tainarac Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Contract License No. 48 Subcontractor Name/Address of Tamarac and Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by -laves of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. 1►/_\LTA l0 TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 20_. (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 49 of Tamarac Purchasing & Contracts Division TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE (Description) UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT -COST EXTENDED COST A. $ $ B. $ $ C. $ $ D. $ $ TOTAL $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (6) in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: (Signature) ACKNOWLEDGEMENT STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, , who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this day of , 20, NOTARY PUBLIC My Commission Expires: 50 of Tamarac STATE OF FLORIDA) )SS: COUNTY OF BROWARD) 0 Purchasing & Contracts division BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Tamarac, the State of Florida in the penal sum of: United States, for the payment of which our heirs, executors, administrators an presents. a municipal corporation of Dollars ($ ) lawful money on the sum well and truly to be made, we bind ourselves, successors jointly and severally, firmly by these THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 20 , for: NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. 51 of Tamarac & Contracts Division Signed and sealed this IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal ACKNOWLEDGEMENT BID BOND day of 52 Principal Business Address City/State/Zip Business Phone Surety* By Title Attorney -In -Fact* 20_ of Tamarac Purchasing & Contracts Division FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the —day of , 20_, with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 53 of Tamarac Purchasing & Contracts Division 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 54 City of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FORM PAYMENT BOND State of County of On this the day of , 20_, before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: , of (Name of Corporate Officer) (Title) a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested. to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) 55 (Name of Corporation) City of Tamarac Purchasing & Contracts Division FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the _ day of , 20_, with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated 20_,, for the within _ calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full farce. 4.1 Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.2 Complete the Contract in accordance with its terms and conditions; or 56 of Tamarac Purchasing & Contracts Division 4.3 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph; shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this 'day of WITNESSES Secretary Secretary (AFFIX SEAL) (AFFIX SEAL) r� Principal By Signature and Title Type Name and Title signed above Su rety By Signature and Title Type Name and Title signed above 57 of Tamarac Purchasing & Contracts Division IN THE PRESENCE OF: INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone 58 of Tamarac & Contracts Division ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) (Title) FI (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 59 City of Tamarac & Contracts Division CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that _ who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) 60 (Name of Corporation) City of Tamarac Purchasing & Contracts (division APPLICATION FOR PAYMENT Contract Title: Contract/Purchase Order No.: Original Contract Value: Contract Change Order Value: Current Contract Value: Cumulative No. Change Orders: Application for Payment is made, as shown below: 1. Original Contract Sum 2. Net Change by Change Orders 3. Contract Sum to Date (line 1 (+) or (-) line 2) 4. Total Completed and Stored to Date 5. Retainage a. % of Completed Work b. % of Stored Material c. Total Retainage (line 5a + line 5b) 6. Total Earned less Retainage (line 4 -- line 5c) 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) 8. Current Payment Due 9. Balance to Finish, plus Retainage (line 3 — line 6) Submitted by: Contractor Approved for Payment Project Manager Date: Date Citv of Tamarac DATE OF ISSUANCE: OWNER: CITY OF TAMARAC 7525 NW 88t�' Avenue Tamarac, FL 33321-2401 BID NO. CONTRACTOR CHANGE ORDER CHANGE ORDER NO, PROJECT NAME: PROJECT NO. P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order Net (Increase) of this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED APPROVED APPROVED BY BY BY Director City Manager Contractor Date Date Date City of Tamarac Purchasing & Contracts Division FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF COUNTY OF The undersigned contractor, under a certain contract with the City of Tamarac, dated , 20_, in connection with the following public work: PROJECT: CiIi7���ZT�i�[�7 does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of , 20 . Signed, Sealed and Delivered in the Presence of: Contractor Corporate Secretary Signature President Signature Type Name Type Name City of Tamarac u • Purchasing and Contracts Division State of Florida County of Broward ACKNOWLEDGMENT FINAL RELEASE OF LIEN On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath City of Tamarac Purchasing and Contracts Division SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this _ day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and , a corporation with principal offices located at (the "Contractor") to provide for Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. 05-22B 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. 2) The Work 2.1.. The Contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to b) 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. c) 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. t of 7 of Tamarac " Purchasing and Contracts Division d) 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, 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 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially completed within days from the date of issuance of said Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Dollars and cents ($ ) 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoices. A retainage of ten percent (10%) will be deducted from monthly payments until 50% of project completion. Retainage will be reduced to 5% thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City 2 of 7 City of Tamarac Purchasing and Contracts Division and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits 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. 7) 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. 8) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of work. 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 substantial completion of the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 9) Indemnification 9.1. 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. 9.2. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The successful Offeror will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and 4 of 7 of Tamarac Purchasing and Contracts Division selection for training, including apprenticeship. The successful Offeror(s) shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the consulting officer setting forth the provisions of this nondiscrimination clause. The successful Offeror further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 11) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) 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. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR 14) Termination 14.1 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 4of7 of Tamarac Purchasing and Contracts Division terminated, Contractor shall indemnify the city against loss pertaining to this termination. 14.2 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. 15) 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. 16) 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. 17) 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. 18) 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. 19) 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. 5of7 City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date 6ofi City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of ,a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this _ day of , 20_. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 7of7 Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO. 1 BID NO.05-22B NW 70" AVENUE TRAFFIC CALMING IMPROVEMENT PROJECT DATE OF ADDENDUM: OCTOBER 31, 2005 TO ALL PLAN HOLDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Bid 05-22B, NW 70t" Avenue Traffic Calming Improvements, The Bid Opening date has been postponed until further notice. Due to the recent hurricane, it is anticipated bid opening will be moved out for up to two (2) additional weeks. A specific bid opening date will be advised in Addendum No. 2. All other terms, conditions and specifications remain unchanged for RFP No. 05-2213. Acknowledge receipt of this Addendum No. 1, by returning it with your bid submittal. Name of Company: 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamarac.org Equal Opportunity Employer EXHIBIT #2 TEMP RESO 10879 Lo 0 z _Z 2 w 4 d Q m O 0 0 O d O d 0 n d d pp pp 000 0 0 0 O n pp pp 0 0 0 0 O O 0 O © O O 0 0 O d d q p 009 O O 0 c:q &i co w V' 0 p 0 (D 0 co 0 � of 1• u7 N 0 0 0 0 0 0 O 0 O pp o pp 0 0 0 co 0 0 o N 0 0 1 l7? 0 rl Co C% (C m m 'tl' C N Cj C] 00 0 O O O O (C co n ? 00 O M O N co m W N lA HB (D CODp O N M 0 (C) N q 0 If) Lr) V � r F c0 69 V� It N Cl)Cl)1+ w e9 69 V3 69 tq 1� O V m O 0) ((''++�� N u 69 (N (C t9 69 fV 69 U b 6F ' w 69 6n w trr 69 (» (» w 69 .» tq � r H O w $ o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o a $ o o 0 0 0 V (V d 0 O LL LL (� p M O 7 O N_ CD V3 m Fl9 N N 00 0 0 O C7 8 q Q O O O O O O_ O O p ¢ N co N (O (q M y} eg N O 69 y O N y1 O p iL 69 64 64 69 N 4 �w q to (n (� �' 'tl• w � 69 to 69 6q N� z eNs VD, Z) O (O 0 0 0 0 0 0 O O o p q p O O O O 00 u7 O 0 0 0 0 O N o O O O 0 0 O 0 q q 8 0 O O 0 O O q m p O O N (D LL O (`J CO q pp q O (A 0 N !h C] (O Cl) 0 0 O IA 00 (() C.0 c 0 00 0 O O N c) 0 0 p J � V O d• of 7 m O t0 W O O q C7 10 h N (p 00 O Cn In c0 0 h O C7 co O (p I� O O 10 O C N (O (D 6A (R e1} u7 O (7 N N Dj • u Cp CN O f L0 (A N (p u) 1+ 00 (f) 0 CO M (h ' N Q 115 4i 69 69 Lli (n 64 N (4) 0) E9 (_a twit (D 69 69 69 69 64 M 69 (� m 6A (4 49 to 69 V 69 69 bg t4 U) a J Q pqO v O q O O O O 0 O O O O O qpppp¢p 0 O CD 0 O L0o 0 p O O co Q w (R•)' NNp 0 y O C+ 69 N N M (9 Op O U") h 4Q O O C\l O O O O n m M M N (Dn (i3 64 W> 63 69 0 u) cc (A OD O In 1• 69 ko N tq N N 64 N 64 69 69 6A 64 W 49 !A 69 O p 69- N CV N N co N J r (n 69 w 49 69 6r> w k Z �Lo 0 c0 pp0 Nm°OOpp0OmO 8 0qOOO nppp 0O 0 C-- ob pq Co O O d• h (n 0 21 ko N N cp q N (➢ (n O 1-pp 4) § 4 N (D m O 0 0 oo J ti M N rn m v m r rn m a cl 4 q (D r (D G{ OD N on q lc q N N 64 64 CD b N LU Q r f~ N O N p Q) p) 07 M d' N '7 w O 1- v f� rn (D A °] N (C] T U N h Q � oiJ 69 6F9 e9 69 69 6, W69 69 b> 69 69 bej CA V3 609 t99 to 69 HT (9 a z w w (() a 0 a 0 O O (1) 0 q co ap O (n O O O O O O O O O O O O p p p (n O (7 p O O O U'j h In p O O 4] if) p p p w a+ m 64 N 69 N �} Q 0 CP N (n q (fi (D co (`i a7 q oo lq N O O ao O Cl) O 10 (fl N N N [] O q q 0) O O a 69 Yb b9 fR 69 V7 fA C7 Ol m t4 N f.� r- N v O Q9 0 r) N N N G% (�7 W N 64 N tpf f9 69 t!i W CR 40 Lo r w m 69 69 49 6699 6699 IA u) (ry 0 0 O 0 p pp (!i 0 u) 0 0 00 O 0 0 0 pp C7 O O q q n O d d 0 0 pp p O O O O g pp pp p J N u7 0 (o (D (n N I-q co q C') CDN (D(+ 0 CA (Ci O (V O fj g (C) 0 0 O h -0 0 n O O O Q ��77 0 2 0 O O Q Q (O (➢ O '7 (+l h CoO M N 0 pp (fj O q N M O O tb o) O (D h ( 1 a 4 G 69 *- CA m C7 r q N N f� hl C`7 01 (- N (`] [+i N (Cj - 1'- tt W (fi (`7 r N 69 64 69 Q 0 69 69 N 69 64 6r9 69 69 ) 69 CA 6rT CVH3 64 W 69 69 ' C+9 69 V3 e9 64 � w io S 0 u) SO 0 S N C. p(D w Q.' _p K N N CO 6m9 69 co 60 O 0 0 0 oppp ei O (h O O 4p m pp q •0 v0(p 0✓s ) N Lo d a 09 69 N) 69 CD O N 1(2(�) 69 N (D 69 fA d CN 6H 69 609 64 64 69 69 Z 64 E9 W 6�9 69 6N9 7 O b p O O O (t) 0 O 0 0 0 pp q pp O 0 0 0 O O d p [] p 0 0 O n O O 0 pp 0 0 0 0 O pp ��]] S O y W J CV 1� CP 4 4 O O lD O h Ifi u7 CCpp cp U) p 0 q 0 o O b O pp q 00 0 CN 0 0 q 0 0 ( p pp N O O O O 0 0 O h 0 (D C N O p In q (p 49 g 0 69 0 0 0 V% O o? t C' r- (D O 0 O q O t+ 0 cv M y m er h bw 00 Q O hl 69 N 61� N N — 6f] (p 69 W (+j 69 tl' 69 . 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G d m m X m (n N m �o _�_ e ��pp n^ U C m C C ro" a G cm U m ro x E S m O m° D 1-U m CL m c c c w -- .� TL LL N Q1 7. 7 C (n ✓' N� ro p p ,N N j 0 c�� C N V OmC LO) U E U O c ✓1 't C a o7 Etna ar>u) �' PUa2 E� m Ev�FFaa.0<LL V) m.9 N N ep 01 O N M yy th tp n aD O! O N w Q i!'r Yf u7 u7 m 10 (O tp tD tp to f0 fC t0 n A n F Z «L*Ta 1s1.1.►TIWTIX� INTEROFFICE MEMORANDUM FINANCE DEPARTMENT i PURCHASING DIVISION TO: JOHN OLINZOCK, PROJECT DATE: 21 DECEMB0. r'tilY,v`C MANAGER, PUBLIC WORKS C(�� DEPARTMENT FROM: JIM NICOTRA RE: NW 70TH AVENUE TRAFFIC SENIOR PROCUREMENT�� CALMING IMPROVEMENT SPECIALIST PROJECT, BID NO. 05-22B Recommendation: To Award to the low responsive/responsible bidder, Tenex Enterprises Inc., for Bid No. 05- 22B, NW 70t" Avenue Traffic Calming Improvement Project, in the amount of $769,113.25. After careful review of the low bidder's submittal, the Public Works Department concurs to award to: Tenex Enterprises Inc., in the amount of $769,113.25. The Public Works Department does not concur to award to the apparent low bidder. Reason(s) for rejection Authorized Signer: Jet' � Signature: _ ry _ Date: Attachments )2-zt-ee, TR 10879 EXHIBIT 3 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 887H AVENUE TAMARAC, FL 33321 r Jiro 954-724-2450 q54. INVITATION FOR BID Bidder Acknowledgement BID NO.: 05-22B BID TITLE: NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENT PRJECT BID OPENING DATE/TIME: NOVEMBER 9, 2005 BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST BUYER PHONE: 954-724-2443 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: OCTOBER 21 2005 BONDING: 5% Bid Bond, 100% Payment/Performance Bond Bid Pkg Cost: $90.00 I GENERAL CONDITIONS-1 These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by Indicating such change in the Instructions to Bidders or in the special conditions of the bid. Any and all special conditions that may vary from these general conditions shall prevail over any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. SEALED BIDS This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. BIDDER COMPANY COMPANY ADDRE: COMPANYPHONE: r NAME OF AUTHORIZEINGENT: , TITLE OK AUTHORIZED AGENT: � {( AUTHORIZED AGENT EMAIL ADDRESS:_MJY_ C �Q, [) BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: n. I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person. submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. of TEMP RESOV10879 City of Tamarac Purchasing and Contracts Division BID SCHEDULE Bidder agrees that any unit price listed is to be multiplied by the estimated quantity requirements listed below in order to arrive at the total price. For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work described herein and on project drawings. It is the intent of the City to award this contract based on the Grand Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. I. N.W.701h Avenue — McNab Road North to N.W. 771b Street ITEM NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL PRICE A. 1 DEMOLITION Pavement Removal 5,153 SY OD $ 0 $ g4 61 2 Striping Removal (Hydroblast) 987 SF $ so $ oilg(p � 6 P Sub -Total Demolition:-3 bR S. ROADWAY ov oD 1 Type "D" Curb 100 LF $ P20 $ 2 Reconstruct Asphalt Driveway 1,144 SY pp $ p�-o cX7 $ (] 3 Pavement Restoration (Roadway) 49 SY $ 5_0 00 $ aZ t{ 4 Sodding (St Augustine) 3,631 SY $ ov $ a 5 Swale Clearing and Grading 3,631 SY $ ,j Oa OD $ 1 �S 6 Sand (Swales) 573 CY _ $ /% CO� $ 7 Top Soil (2 inches) 3,631 SY $ _ bd $ Sub -Total Roadway: $� Q C. 1 DRAINAGE 15" Yard Drain 32 EA $ /300 - _ $ 11140 2 15" PVC Manhole 2 EA 1 $ 500 Oz) $ 3 WO cc 3 24" PVC Manhole 2 EA $ A&V '00 $ WQ 4 Relocate Existing Structure 1 EA a $ $ Revised SCH-2___­B`id Form & Schedule of Bid Prices ADDENDUM REVISED SCH-2 City of Tamarac VPurchasing and Contracts Division I. N.W.70`4 Avenue — McNab Road North to N.W. 77`h Street ITEM NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL PRICE 5 Remove Inlet Top Replace w/ MH Top 2 EA $ $Q&XV 6 Type C-A Inlet 2 EA $ 0000 ao $ 74wo 7 15" HDPE 718 LF $ 0 D $ Ali 190 00 8 Concrete Apron (6" Thick) 35 EA $ A100 00 $ i 7 a 00 9 Core Existing Structure 28 EA $ Im AD $ o W Sub -Total Drainage: $ �1 101 D. 1 SIDEWALK 4' Concrete Sidewalk K' Tuck) 4,504 LF $ 00 $ ajtd� 2 4' Concrete Sidewalk (6" Thick) 816 LF $ jL04 $ 3 Detectable Warning Surface 340 SF $ & V $ 3 !Y00 WV 4 Sleeving (2" Sch 40 PVC) 700 LF $ $ t{, 7190T67O Sub -Total Sidewalk: oe7 $ I6l Gy 7, E. SIGNING & STRIPING 1 6" Double Yellow 960 LF $ �� $ / [A O pU 2 6" Solid White 4,195 LF $ d i ` $ A, rate 3 6" Solid Yellow 100 LF $ 6 $� 4 18" Solid White 0 LF $ ° 5 18" Solid Yellow 0 LF O $ 3 D $ 6 24" Solid White 240 LF ©o 7 Pavement Wording Message 2 EA $ 0 da (.70 8 Solid White Turn Arrow 4 EA $ OD $0 Q4 9 Reflective Pavement Marker (Colorless/Red) 6 EA $ 00 $ O �� 10 Reflective Pavement Marker (Amber/Amber) 30 EA $ O� $ ��rO Od Sub -Total Signing & Striping: $ rj'} SUB TOTAL -- N.W.70th Avenue — McNab Road North to N.W. 771h Street: Revised SCH-3 Bid Form & Schedule of Bid Prices ADDENDUM REVISED SCH-3 City of Tamarac II. N.W. 77'h Avenue — North to University Drive Purchasing and Contracts Division ITEM NO. DESCRIPTION EST. QTY. UNIT .UNIT PRICE TOTAL PRICE A. 1 DEMOLITION Pavement Removal 5,153 SY $ '� �� d r7 $ !i 642 2 Striping Removal (Hydroblast) 1,523 SF $ $ - - 60 Sub -Total Demolition: $ B. ROADWAY � UD 1 Type "D" Curb 2,880 LF $ y p 2 Reconstruct Asphalt Driveway 0 SY $ ,� OD $ 3 Pavement Restoration (Roadway) 0 SY $ ,�j'� $ %7 4 Sodding (St Augustine) 11,221 SY $ �` $ 5 Swale Clearing and Grading 11,221 SY $ b� $ 0- 00 6 Sand (Swales) 570 CY _ G �� $ -- �_ $ 7 Top Soil (2 inches) 11,221 LF $ Do $ Yj °D Sub -Total Roadway: $ 41716, 35- C. SIGNING & STRIPING 5-0$ OU 1 6" Double Yellow 2,460 LF $ /. q `2 2 6" Solid White 7,882 LF $ �. 45 $ g. , 31D 3 6" Solid Yellow 2,880 LF $ 6 5 $ I o0 4 18" Solid White 70 LF $ 3 00 $ a �a "' S 18" Solid Yellow 578 LF D& O 6 24" Solid White 0 LF $ 3. 257 $ �] 7 Pavement Wording Message 1 EA $ pp oo $ OQ 8 Solid White Turn Arrow 1 EA $ OD $ 9 Reflective Pavement Marker (Colorless/Red) 0 EA $ 0 _ 5 $ 10 Reflective Pavement Marker (Amber/Amber) 740 EA $ ,�� $30 Sub -Total Signing & Striping: $ Revised SCH-4 Bid Form & Schedule of Bid Prices ADDENDUM 2 REVISED SCH-4 A F City of Tamarac V. Purchasing and Contracts Division H. N.W. 77`h Avenue — North to University Drive ITEM DESCRIPTION EST' UNIT UNIT PRICE TOTAL NO. QTY. PRICE D. i LANSDCAPING Hamelia patents `Compacta' 991 EA O $ �D $ 7, 94 2 Jatro hia inte errima 8 EA _ 11 00 d= -- p Q 3 Quercus virginiana 8 EA $ dc Do $ at 5*60ao 4 Schefflera arboricola `Trinette' 956 EA $ 575o $ 00 5 Veitchia montgorneryana 45 EA $ co $ d a�Q60 4 .. 6 Soil Mix 280 CY $ Od $ 00 00 7 Mulch 110 CY p0 $ q Or(% $ Sub -Total Landscaping: $ E. IRRIGATION 1 1-'/." Mainline Sch 40 985 LF $ v4 $ 1 n5 t-0 2 1" Remote Control Valves 17 EA $ s $ 111711'ov 3 Spray Heads (Includes lateral piping) 264 EA $ A7 $ 4 TBOS Battery Controllers 16 EA $ 0v % �� ✓ p� $ 5 POC's (Backt7ow, Meter, Box, etc.) 8 EA $ f � ��49 11°Z_. 6 1" Water Service 240 EA _$�� y O $ T/� Sub -Total Irrigation: $ F. PAVERS cr 1 Brick pavers including 1-1/2" Sand Bed and 4" Limerock Base 2,110 SF $ OD �aD $ �f�f Sub -Total Pavers: OCR $ r-�! 1&_ SUB TOTAL -- N.W. 77th Avenue — North to University Drive: $,3 -q s Revised 5CH-5 w Bid Form & Schedule of Bid Prices ADDENDUM 2 REVISED SCH-5 City of Tamarac III. Miscellaneous Purchasing and Contracts Division ITEM NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL PRICE A *Mobilization (Not to exceed 5% of 1 LS $ 35" coo'00 r7 $ 36f� ' O� Bid amount) B Maintenance of Traffic 1 LS $ 'yQ�QLoD $ „ '1/Q A570 —d7o C Testing 1 LS $ rj�%�d $ 60 D Payment Bond 1 LS $ �0� �� $ E Performance Bond 1 LS $ _ $ �, F "Contingency Allowance 1 LS $ 30,700.00 $ 30,700.00 G Field Engineering I LS $ 0&7 $ Sub -Total Miscellaneous: pG $ ,3� IV a� GRAND TOTAL: $ 13 "Mobilization, Item A, has a 5% cap. Any amount entered above 5%, shall be added to Item B, Maintenance of Traffic, and will not change the total price bid. "Reference Page 39, Para 35 of the Special Provisions for terms of the Contingency Allowance. NAME OF BIDDER: Revised SCH-6 Bid Form & Schedule of Bid Prices ADDENDUM REVISED SCH-6 a, City of Tamarac _ - -- Purchasing and Contracts Division Owl BID FORM (continued) BID NO. 05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT Submitted by- c THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88t" Avenue Tamarac, Florida 33321 Date ! _ .., �.. 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid. opening. Bidder will sign and submit the necessary documents required by the City within fifteen 05) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced -or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or .induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over ank,ot her Bidder or over the City. 3. Bidder will complete the Work.for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and.. complete in accordance with the schedules established herein. SCH-7 Bid Form & Schedule of Bid Prices City cf Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 05-22B NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signa ure Ha F-Du Typed/Printed. Name Telephone Fax Email adffress for above signer (if any) a, Erionlu" 11" • ti i %a Address 3 City, St te, ZIO 5a-I IDO Federal Tax ID Number 9 a!5 Contractor's License Number SCH-8 Bid Forrn & Schedule of Bid Prices Tamarac City of iWf'urr,!r :'ir�gandCaniractsDirision BID FORM (continued) BID NO. 05-228 NW 70TH AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT Bidder's Name: TERMS: % (percent discount, if any, if payment made within -DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. One original bid must be submitted at time of bid opening. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual. signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. a, SCH-9 Bid Fol7r) & Schedule or Bid Prices of Tamarac _ __..PcrrrhGsirry & Contracts Division_..__ �• S P .�.W.... NON -COLLUSIVE AFFIDAVIT State of) t� County of ,"1�y )ss. Vr�VWL G EQUIack being first duly sworn, deposes and says that: He/she is the _ . , (Owner, Partner, Officer, Representative or Agent) of Rmx.' the Offeror that has submitted the attached Proposal; 5. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 5. Such Proposal is genuine and is not a collusive or sham Proposal, 7. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the. Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 8. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion; conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: s Printed Name Title 42 4 a, s ,:::..., �; City of R Pur''ChaSin ..__.___..._ g and Cnnfmcts Division ,tea ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Flor' a County of ( 1� On this the day of C 1TbsU , 20 ,before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: Maria Liliana Latiegue =.; * MY COMMISSION # DD221148 EXPIRES P ` June 9, 2007 � '$ �T, 80NDEDTHRUTROY FAIN INSURANCQINC NOTATfY R 1PLIC, STATE OF FLORIDA (Name of Not Public: Print, Stamp, or Type as Commissioned) ePersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take.an oath 43 City of Tamarac Purrhasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions,. and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other" ain: Authorized Signature 1-bm kD(flAi Typed/Printed Name Telephone Fax PARTNERSHIP ❑ CORPORATION ® OTHER 0 mail add—ress for above sibner (if any) Company Narrfe ! ► �' . Address QX Ir�• i �:=i6i7l11112 i, -IM , Cc-� C1.0IT R Contractor's License Number 44 City of Tamarac � Purchasing and Contacts .Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company E Qs Address RMW City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present. name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes ® No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes , (© No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No If Yes, explain: 7. Are you a Sales Representative ❑ (distributor ❑ Broker ❑ or Manufacturer ❑ . of the commodities/services bid upon? IJ p 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ® No ❑ If yes, explain (date, service/project, bid title etc.) t-Ir-I _Lfg nQ11 .---u bik- k�trl�!5 21)n l D ism' M r.411 r)�Mr! r" Je . 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ® If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ® If yes, explain: 45 ENTERPRISES, INC. City of Weston Contact: Sabrina Baglieri Assistant Director Construction Services Tel.: 954. 921. 7781 Jeffrey Skidmore Director of Community Services Tel.: 954. 389. 4321 12452 Wiles Road ■ Coral Springs, FL 33076 ■ (954) 510-0700 ■)~ax (954) 510-0702 REFRENCES Shahin Hekmat, P.E. City Engineer Tel.: 954. 921. 7781 PROJECT: AMOUNT: COMPLETION: Saddle Club Rd. & South Post Rd. $1.3 Million June 2005 Roundabout, Road & Drainage Improvements Tequesta Park, Drainage Improvement $477,180,00 Feb. 2005 Landscaping and Road Improvements Bonaventure Mater Plan — Phase V $836,494,00 Dec. 2004 Drainage Improvement Construction of Eagle Point Park $500,000.00 Dec. 2003 South Post Road Improvements $1,350,000.00 Dec. 2003 Swale Stabilization $279,706.00 July 2003 Sidewalk Improvements Bonaventure & $200,000.00 Dec. 2001 Cross Walk Brick Pavers $370,000.00 Saddle Club Road Improvements $679,737.00 Dec. 2000 Road & Sidewalk Improvements Raquet Clue. $410,000.00 June 2000 Road & Sidewalk Improvements Blatt Road $355,000.00 June 2000 1 CRY of Hallandale Beach Contact: Marc Gambrill, P.E. City Engineer Tel.: 954. 457. 1622 PROJECT: AMOUNT: COMPLETION: Ansin Boulevard $832,839.00 Dec. 2004 Road and Drainage Improvements 25th yer / 3CTA 2000-2001-006 $351,110.00 Oct. 2001 Drainage Improvements and Reconstruction of a Portion of Emerald Drive at Layne Blvd. City of Sunny Isles Beach Contact- J. Scott Gombar, P.E. Director of Capital Improvements Tel.: 954. 931. 6799 PROJECT: AMOUNT: COMPLETION: Golden Shores Entrance Wall $198,180.00 Nov. 2005 Atlantic Blvd. Parking Lot & Drainage $300,000.00 Jan. 2005 Improvements 2 City of Margate Contact: Samuel A. May Project Manager Tel.: 954. 972. 8126 Reddy Chitepu, P.E. Department of Environment and Engineering Services Tel.: 954. 972. 0828 PROJECT: AMOUNT: COMPETION: Royal Palm Blvd. & MW 615t and 63`d Ave $71,425.00 Oct. 2005 East River Dr. Restoration $ 430,000.00 Mar. 2005 Road and Drainage Improvements City of Ft. Lauderdale Contact: Mike Fayyaz Assistant City Engineer Tel.: 954. 828.6527 PROJECT: AMOUNT: COMPETION: SE 26th Ave Idlewyld Dr. - Las Olas $950,000.00 Dec. 2003 Storm Drainage Improvements Idlewyel Neighborhood Gateway Merchant Sunrise Blvd. $135,558.00 Sep. 2001 3 Miami & Ft. Lauderdale Contact: Catholic Cemeteries of the Archdiocese of Miami Inc. John Kissel Project Coordinator Tel.: 305. 206. 6163 PROJECT: AMOUNT: COMPETION: Lady of Mercy Roadway Queen of Heaven $700,000.00 Oct.2004 11 Y City of Tamarac Purchasing and Contracts Division 'p CERTIFIED RESOLUTION W000i (Name), the duly elected Secretary of �*rw (C rporate Title), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum'of the Board of Directors of the said corporation.at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREB ESOLV D THAT 01 (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid andlor Bid B nd, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized.to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor.any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE - a Yn td IQ:La Given under my hand and the Seal. of the said corporation. this day of LVJ 20 (SEAL) By: Secretary orporate Title KOWA The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 49 �I GitY of Tamarac TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the, Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE UNITS OF UNIT UNIT_C05T EXTENDED COST Description) MEASURE (O y) (LF/SF). $ $ A. B. $ $ C. D. TOTAL. $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth. shall be in accordance with the Florida Department EXCAVATION SAFETY Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non -responsive. DATE: (Signature) ACKNOWLEDGEMENT STATE OF:�1 COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this day of Marialil'wnalatiegue �1 RY PUBLIC MY COMMISSION # DD221148 EXPIRES 7une 9, 2007` nlz My Commission Expires: BONDED THRUTROY FAININSURANCE, INC pro] CERTIFICATE OF LIABILITY INSURANCE �1TF PRODUCER9/12005 954 Sn5444- THIS CERTIFICATE IS ISSUED AS A MATTER OF. INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE Pelican Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR 6950 Cypress Rd Ste 208/7 ALTER THE COVERAGE AFFORDED Y THE POLICIES BELOW' INSURERS AFFORDING COVERAGE Plantation, F133'317 INSURER A: SCcttxdalalnsurance INsuaeo ,� r j( INSURER CI Maprra !� .I Tenex Enterprises Inc. wsuRe., amCDmp 't 2452 Wiles Road INSURER O: Coral Springs, FL. 33076 II(sulsER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEE.N'REDUCE:D BY PAID CLAIMS. WSA POLICY EFFECTIVE OLICY EXPIRATION LTR PYPE OF INSURANCE POLICY NUMBER DATE IMMIDONY) DATC (Mj VPaW) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY EACH OCCURENCE $ 2001 CLAIMS MADE EIOCCUR FIRE DAMAGE (Anyone ?Ire). S 101 CLS114Z464 625/2005 625/200t3 MEO EXP (Any one person) S PERSONAL s ADV INJURY 1 2 000 001 GEN'LAGCREGATELN{ITAPPl1ESPER GENERALAGGREGATE S 300000 POLICYJ ACT LOC PRooucrs - COMProP AGG s 21000,001 8 AUTOMOTIVK LIA IluTY X ANYAUTO COL45weD �+GUEL"T : $1,000,000 ALA. OWNED AUTOS X $CNEOULEOAUTOS CA018972 (Per person) f Per 1,000,000 62$12005 X WREDAUTOS 62 ppg X WIN-nWNF11AIITnX 900ILYINJURY (PrraWdenl) _ 1,0001000 PROPERTY 4AMAGEc CARA09LIABIUTY S 11000,000 Auv as rrn X AUTO ONLY- EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: EXCESS LL4atUTY .. AGO X OCCUR CLAIMS MAoe EACH OCCURENCE _ AGGREGATE S DEDUCTIBLE S RETENTION S S WORKER'S COMPENSATION AND ELLPLOYCASILLASILITY S ® OT . WCV7061482 61232005 g23/200e E.L. EACHAcaDENT s . 1,000,000.. 0 1 E.L DISEASE • EA EMPLOYEE i 1,000,000.00 nr„eo DISEASE- POLICY LIMIT 1 1.000,000,00 SCRIPTION Oa• OPER1LT1pNSrLOG►71p►JSIVEHICLESrEXCLUMNS ADDEO 6Y ENDORSEMENT/SPECIAL Irt holder Is listed as additional Insured. PROVISIONS :RTIFICATE HOLDER IX DITIpNAL INSURED, INSURER LETTER A OF THE ASOVIL prtSCAID9bPQLICIEC6!CANCELLs0N DA77HFEREOw TNK ISSUING CQMPAHY WtLL FN4EJ�VpA 70 M/uL TTEN NOTICa TCII THE CERTIFICATE HOLDEA NAMED TO THE LET TO MAIL SUCH NO7lC8 SHALL u/POS! NO OBLIGATIQN OR LIA61LIT1r ING UPONTHC COMPANY, ITS AGENTS OR F REPRESENTATIVES.PRESENTATIVE 0111 QACORD CORPORATION 1983 No Text 1-+1Vcl�a�11� I . vl Lai rake ! or 1 GIs Public Services Search for a Licensee Apply for a License View Application Status Apply to Retake Exam Find .Exam Information Find a CE Course File a Complaint AB&T Delinquent Invoice & Activity List Search User Services Renew a License Change License Status Maintain Account Change My Address View Messages Change My PIN View Continuing Ed � ia�9v�+} fir- r+ i�., .43,:e�•� +. tj:tii5 k R` 7ZNMOKk Term Glossary i® Online Help DBPR Home I Online Services Home 1 Help 1 Site Flap Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. License Name Name Type Type Certified PRITCHARD General CALVIN E Primary Contractor Certified X General ENTERPRISES DBA Contractor INC 09: 4 13 Alf 12/20 2005 License Status/ Number/ City Rank Expires CGCO14125 Current, Cert Active WESTON General 08/31/2006 CGCO14125 Current, Cert Active WESTON General 08/31/2006 Terms of Use I I Privacy Staternent I _d https://www.myfloridalicense.com/licensing/wll2.jsp;jsessionid=HCKBTMNB1ECLkKj9f-xKC?&h. sh=... 12i201/2005 Licensing tonal - License Details rags: a Ul ,t. File a Complaint AB&T Delinquent Invoice & Activity List Search ,r User Services �r Renew a License Change License Status Maintain Account Change My Address View Messages Change My PIN View Continuing Ed 0,� Term Glossary Online Help DBPR Home I Online Services Home I Help 1 Site Neap Licensee Details Licensee information Name: PRITCHARD, CALVIN E (Primary Name) TENEX ENTERPRISES INC (Dea Name) Main Address: 771 RANCH RD. WESTON Florida 33326 County: BROWARD License Mailing: License Location: License Information License Type: Certified General Contractor Rank: Cert General License Number: CGCO14125 Status: Current,Active Licensure Date: 05/15/1979 Expires: 08/31/2006 Special Qualifications Qualification Effective Qualified Business 02/20/2004 License Required View Related License Information View License_Complaint L. I Terms of Use I I Privacy Statement: 1 9.41.46 AM "21''?0/2005 https://www.myflondalicense.corn/LicenseDetail.asp?SID=&id=724105 12/202005 Licensing Portal - View Public Complaints rage i nF i Apply for a License View Application Status Apply to Retake Exam. 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L I Terms of Use I I Privacy Statement 1 Discipline Discipline Date II! https://www.myfloridalicense.com/viewcomp]aint.asp?SID=&Iicid=724105 i 2/20,`2005 ; � .2 \ City of Tamarac and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC mic TENEX ENTERPRISES, INC. 2001 THIS AGREEMENT is made and entered into this, day of , by and between the City of Tamarac, a municipal corporation with principal ffices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Tenex Enterprises Inc., a Florida corporation with principal offices located at 12452 Wiles Road, Coral Springs, Florida 33076 (the "Contractor") to provide for construction of roadway traffic calming improvements in NW 70t" Avenue. 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. 05-22B, 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 05-22B as issued by the City, and the Contractor's Proposal, Bid 05-22B 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 and Bid No. 05-22B, as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to provide for the construction of roadway traffic calming improvements in NW 70t" Avenue. 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. 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 City of Tamarac 0 Purchasing and Contracts Division 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, 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 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be substantially completed within 258 calendar days from the date of issuance of said Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Seven Hundred Sixty-nine Thousand One Hundred Thirteen Dollars and twenty five cents ($769,113.25), less any unused contingency allowance as contained in the bid documents. 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoices. 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 City of Tamarac Purchasing and Contracts Division 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 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. " 7) 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. 8) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of work. 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 substantial completion of the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 9) Indemnification 9.1. 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. 9.2. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768,28, as amended from time to time. 10) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual City of Tamarac 0 Purchasing and Contracts Division orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection 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. 11) 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. 12) 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. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue City of Tamarac Purchasing and Contracts Division ,e Tamarac, FL 33321 With a copy to Chit f Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR Hamid Fouladi, President Tenex Enterprises, Inc. 12452 Wiles Road Coral Springs, FL 33076 Phone: 954-510-0700 14) Termination 14.1 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. 14.2 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. 16) 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. 16) 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. 17) 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. City of Tamarac Purchasing and Contracts Division 0 18) 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. 19) 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. 20) 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 City of Tamarac Purchasing and Contacts 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 aloe Schreiber, Mayor UL I O(� . D to ATTEST: Jeffrey . Miler, City Manager r Marion Swenson, 6MC City Clerk 1(P 0 D'ate Approved to form and legal sufficiency: ate City Atto ey ATTEST: //06/Q6 Date TENEX ENTERPRISES, INC. Company Name L iglatur�e�,bf r Secretary Signature o Pres- t�---- *Ty-pe/P`rintame of Corporate Secy. (CORPORATE SEAL) Hamid Fouladi Type/Print Name of President/Owner 7 of Tamarac and Contracts Division CORPORATE ACKNOWLEDGEMENT STATEOF [•( :SS COUNTY OF:Z2'(Q(AQj�Ac� : 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 Hamid Fouladi, President, of Tenex Enterprises 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 !Jy day of__DeLfj: )2f� , 20�05 igl4ture of Notary Public Maria Liliana Latieg a of Florida at Large MY commis$10N # DD221148 EXPI 7une 9, 2007 '. PF 15r BONDED THRU TROY FAIN INSURANCE, INC Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. M