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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-1681 Temp. Reso. # 11048 August 25, 2006 Page 1 of 4 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 EXERCISE THE FIRST RENEWAL OPTION TO THE EXISTING AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRD ENTERPRISES, INC. OF DAVIE FOR LIME SLUDGE REMOVAL, HAULING AND DISPOSAL FOR A PERIOD OF TWO YEARS COMMENCING ON OCTOBER 1, 2006 AND ENDING ON SEPTEMBER 30, 2008 AT A UNIT COST OF $8.00 PER CUBIC YARD AND AN ANNUAL COST NOT TO EXCEED $120,000; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, lime sludge is a by-product of the water treatment process and must be removed, hauled and disposed of from the City's Water Treatment Plant; and WHEREAS, the City of Tamarac awarded Bid #04-22B, "Lime Sludge Removal, Hauling and Disposal", to DRD Enterprises, Inc. of Davie on September 22, 2004 through Resolution R-2004-219 (a copy of said resolution and agreement attached hereto as "Exhibit 1"); and WHEREAS, an increase in the quantity of sludge removal by 2,650 cubic yards at the original contract price of $7.50 per cubic yards was approved on January 11, 2006 through "Change Order No. 1 ", increasing the total cost of the contract to an amount not to exceed $102,375 annually (a copy of said change order attached hereto as "Exhibit 2"); and Temp. Reso. # 11048 August 25, 2006 Page 2 of 4 WHEREAS, a $0.50 per cubic yard unit price increase was authorized through "Change Order No. 2" on April 28, 2005 (a copy of which is attached hereto as "Exhibit 3"; and WHEREAS, the initial term of the contract as awarded is for the two-year period ending September 30, 2006; and WHEREAS, the City has the option to renew the contract for two (2) additional two- year periods under the same terms and conditions of the original agreement, as amended by change orders; and WHEREAS, the City has received acceptable service from DRD Enterprises, Inc. of Davie and desires to exercise the first two-year renewal option of the agreement; and WHEREAS, DRD Enterprises, Inc. of Davie has agreed to renew for a two-year period, a copy of said Amendment #1 to Agreement exercising the renewal option (a copy of which is attached hereto as "Exhibit 4") at the same terms and conditions as the original agreement, as amended by change orders; and WHEREAS, there will be no change to the current pricing of $8.00 per cubic yard for an annual expenditure in an amount not to exceed $120,000; and WHEREAS, funds will be available for this purpose in the Fiscal Year 2007 Annual Budget; and WHEREAS, the Director of Utilities and Purchasing/Contracts Manager recommend exercising the renewal option to the existing agreement with DRD Enterprises, Inc. of Davie, for a two-year period, effective October 1, 2006 through September 30, 2008;and 1 1 1 Temp. Reso. # 11048 August 25, 2006 Page 3 of 4 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 exercise the renewal option for the contract between the City of Tamarac and DRD Enterprises, Inc. of Davie for a two-year period, effective October 1, 2006 through September 30, 2008 for lime sludge removal, hauling, and disposal in an amount not to exceed $8.00 per cubic yard and $120,000 annually. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific park of this resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute Amendment #1 to Agreement to exercise the first two-year renewal option of Bid # 04-22B for the removal, hauling and disposal of lime sludge as awarded to DRD Enterprises, Inc. of Davie for a period effective October 1, 2006 through September 30, 2008, at a unit price of $8.00 per cubic yard and an annual cost not to exceed $120,000. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. # 11048 August 25, 2006 Page 4 of 4 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this "h day of SeAdW, 2006. ATTEST: l l J ' ri°it MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. xw� zzov'"-Ow— i MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 "EXHIBIT 1" Temp. Reso. #10530 TR #11048 August 19, 2004 1 Revision 1 — 9/13/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- Al? A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID NO.04-22B "LIME SLUDGE REMOVAL, HAULING AND DISPOSAL" TO DRD ENTERPRISES, INC. OF DAVIE, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH DRD ENTERPRISES, INC. OF DAVIE FOR LIME SLUDGE REMOVAL; AUTHORIZING AN EXPENDITURE OF FUNDS FOR AN AMOUNT NOT TO EXCEED $82,500.00 ANNUALLY BEGINNING OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2006, WITH TWO ADDITIONAL TWO-YEAR RENEWAL OPTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, lime sludge is a by-product of the water treatment process and must be removed, hauled and disposed of from the City's Water Treatment Plant; and WHEREAS, the City of Tamarac publicly advertised Bid #04-22B "Lime Sludge Removal, Hauling and Disposal" in the Sun -Sentinel on July 4`" and July 11 cn 2004, a copy of which is included herein as Exhibit 1; and WHEREAS, eight (8) vendors were solicited and three (3) bids were opene.d and reviewed to determine cost and responsiveness to the city's specifications as follows: Temp. Reso. #10530 August 19, 2004 3 Revision 1 — 9/13/04 of Davie and execute an agreement with DRD`Enterprises, Inc. of Davie, in an amount not to exceed $82,500.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and 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. 04-22B for "Lime Sludge Removal, Hauling and Disposal to DRD Enterprises, Inc. of Davie is hereby approved. SECTION 3: The appropriate City,Officials are authorized to execute an Agreement between the City of Tamarac and DRD Enterprises, Inc. of Davie for "Lime Sludge Removal", a copy being hereto attached as. Exhibit 4. SECTION 4: An expenditure for an amount not to exceed $82,500 not to exceed annually beginning October 1, 2004 through September 30, 2006 is hereby authorized. TR 10530 EXHIBIT 1 INVITATION TO BID � 4c "i �Yh r ai " IP LIVA BID NO. 044-22 B Lime Sludge Removal, Hauling and Disposal City of Tamarac Purchasing Division 7525 NW 88'' Avenue Room 108 Tamarac, .Florida 33321 -2401 (954) 724-2450 City of Tamarac Purchasing and Contracts Division It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to 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 Won 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 6-14.1 at 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. I. SUBMISSION OF THE 010 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 Cesponsibility 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 shall 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 ah.expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. GTC-2 3. BONDING. When required by the specification herein, the successful Bidder shall fumish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the Citys forms, within fifteen (15) calendar days alter 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 shah 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. NOWCOLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall 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. T. 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. S. 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 t it is determined.that it best serves the interests of the City. 8. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materialstservices. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Is (} of Tamarac and Contracts Division sub -contractors and purchase orders to the extent that they, relate to the terminated portion of the Contract, and refrain from placing further orders and sub- contracts except as.they may be necessary, and shall complete any continued portions of the work. 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 became 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 non- discrimination 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 Chy of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided More 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 speed. 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 fun force and effect during the liie of this Agreement, Bidder shall provide to the CIVs Risk & Safety Officer 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 General $1,000,000 $1,000,000 Liability Including:. Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory Employer's Liability 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 .carvers shall be rated at least A-VII per A.M. Besfs Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form, Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional .insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or saftsured retention. if the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of .Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability Insurance. 26. INDEMNIFICATION The Bidder shall Indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and GTC-4 City of Tamarac Purchasina and Contracts Division SPECIAL CONDITIONS BID 04-22B LIME SLUDGE REMOVAL, HAULING AND DISPOSAL I. ASSIGNMENT OF CONTRACT Neither this contract, nor ", -portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the.City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient' manpower so as to perform 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. 3. 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 of Tamarac and Contracts Division 8. 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. 9. CHANGES IN THE WORK/CONTRACT PRICE 9.1 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 change in the Contract Price or Time except as approved in writing by the Engineer/Project Manager. 9.2 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. 10. CHANGES IN CONTRACT TIME 10.1 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. 10.2 Notice 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. City of Tamarac Purchasing and Contracts Division SPECIAL PROVISIONS BID 04-22B LIME SLUDGE REMOVAL, HAULING AND DISPOSAL 1. PURPOSE OF BID To obtain a contract for the excavation, dewatering, loading, transporting and disposal of Municipal Water Treatment Plant lime sludge. The estimated amount of lime sludge to be removed from the City of Tamarac Water Treatment Plant shall be calculated at 11,000 cubic yards per year. 2. CONTRACT TERM The contract shall be for an initial period of two (2) years. Operations are to begin approximately October 1, 2004, or as close to that date as possible pending award by City Commission. The City reserves the right to renew the contract for two (2) additional two (2) year periods, providing both parties agree to the extension and all of the terms, conditions, and specifications remain the same. 3. 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 thereof. 3.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 3.2 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. 3.3 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. 3.4 'City — The City of Tamarac, Florida. .3.5 Contract Documents -- The contract documents consist of the Agreement, conditions of the contract (General Terms and Conditions, Special Conditions and Special Provisions), Specifications, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. I CitK of Tamarac Purchasin2 and Contracts Division negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 3.18 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. 4. 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: a The Final Agreement o The Technical Specifications o The Special Provisions o The Special Conditions o The Instructions to Bidders/General Terms and Conditions o The Sample Agreement S. INTENT it is the intent of the Contract Documents to describe a functionally complete Project in :.:.accordance with the Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to. produce the intended result will.be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard. specifications, manuals or codes of any technical society, organization or association, or. to the laws or. regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract. Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any,of their consultants, agents or employees from those set forth in the Contract Documents. 6. 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: 6.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 6.2 The Engineer/Project Manager's written interpretation or clarification. CNY of Tamarac 0 Purchasing and Contracts Division or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 7.9 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.10 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. 7.11 The Contractor shall be responsible for and shall coordinate all task means, methods, techniques, sequences and procedures. 7.12 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 7.13 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. 7.14 The Contractor shall correct all Work, which does not conform to the Contract Documents. 7.15 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. 7.16 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 Work, and obtain all. permits and approvals with such governmental authorities as have jurisdiction, and assist. the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.17 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 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. 7.16 The. Contractor shall give notices and comply with laws; ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 5 9tXof Tamarac Purchasing and Contracts Division 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'$ RESP-ONSIBILITIES 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 7. 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 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 10.9 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 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 will make visits to the site at intervals 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 City of Tamarac Purchasing and Contracts Division 13. .DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 13.1 . 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. 13.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 13.3 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. 13.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the. City's Utilities Department by telephone at (954) 724-2400 and inform the appropriate staff member about the location and extent of the damages. .13.5 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. 14. 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. City of Tamarac Purchasing and Contracts Division times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 16.7 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. 16.8 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. 16.9 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 three (3) 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. 16.10 The cost or credit to the City from a change in the. Work shall be determined by one or more of the following ways: 16.10.1 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; 16.10.2 By unit prices stated in the Contract. Documents or subsequently agreed upon; or 16.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 17. REGULATORY CHANGES The Contractor shall be compensated for changes in the Wprk necessitated by the enactment. or revision of codes, laws, .or regulations subsequent to the submission of the Contractor's proposal. 18. CITY'S RIGHT TO WITHHOLD PAYMENT 18.1 The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 18.1.1 Defective Work not remedied. 18.1.2 Claims filed. or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 18.1.3 Failure. of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 11 7 Cit o/ Tamarac Purchasing and contracts Division 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. 20.2 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. 20.3 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 Section 32.1 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. 21. PROTECTION OF PERSONS AND PROPERTY 21.1 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. 21.2 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. 21.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authofte' 5 bearing on the safety of persons and property and their protection from damage, injury or loss. 21.4 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. 21.5 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. 21.6 The Contractor shall comply with all applicable OSHA Regulations pertaining to the Work. 21.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the 13 , I 'i of Tamarac & Contracts Division SPECIFICATIONS BID 04-22B Lime Sludge Removal, Hauling and Disposal I. WORK REQUIREMENTS 1.1 The work under this contract will require the contractor to excavate, remove, dewater, and dispose of all lime sludge settled in the Water Plant Lagoon. Sludge excavation and removal will be performed in accordance with all rules and regulations promulgated by D.E.P., D.N.R.P. and all other agencies which govern these activities. The following regulations shall be observed in every case to avoid a violation thereof: 1.1.1 FAC 17-3.402, Subsection 1, Paragraph D. 1.1.2 FAC 17-302, Section 500a, Paragraph C - Especially next to canals, ponds, etc. 1.1.3 Disposal in low PH areas or high ground water areas is discouraged. 1.1.4 DNRP Section 27-5.03.031 Discharges 1.1.5 DNRP Section 27-5.03.33 Disposition of Substances 1.1.6 DNRP Section 27-5.10 Operation Problems 1.1.7 DNRP Section 27-6.04 Prohibitions 1.1.8 DNRP Seciton 27-6.04 (6) Variance **** 1.2 The contractors operations shall be such that lime .sludge dredged from the pond shall be placed within the designated drying site in piles not to exceed 10 feet in height, or approximately 2500 cubic yards of sludge shall be 'placed in such a way that runoff or rainfall will not cause the sludge to spread further from site -proper around. the existing retaining wall. 1.3 Contractor must demonstrate the expertise to perform the services required by these specifications. 1.4 Contractor shall be responsible for payment of any and all dumping fees and/or permits required. 1.5 Contractor must submit at least three business references including the contact person and telephone numbers to show reliability of operational experience. 1A Removal will be required after, the sludge has been allowed to dry for a minimum of twenty-one (21) days and. a maximum of forty five (45) days, except for major rains or similar acts of God. 1.7 All dredging, .excavating, removal, site management and related work shall be done entirely with the contractor's equipment, manpower and supplies. MY of Tamarac & Contracts Division 1.20 Lime Sludge will be hauled from designated locations to approved disposal site(s). 1.21 All permit requirements will be the responsibility of the contractor and he shall be responsible for supplying all equipment, materials, and manpower necessary for the excavation, dewatering, loading, transporting and disposal of the lime sludge. 1.22 The contractor will be responsible for payment of all dumping charges. 1.23 Lagoon banks shall be maintained by the contrWor so as not to allow erosion either by rainfall or by the normal operation of the Water Treatment Plant, which could allow flooding to other properties. 1.24 Any damage to plant piping, valves or any equipment associated with the polishing pond, shall be repaired by the contractor at no cost to the City. 3 of Tamarac Purchasing & .Contracts Division BID FORM (continued) BID NO.04-22B LIME SLUDGE REMOVAL, HAULING & DISPOSAL We propose to furnish the following in conformity with .the specifications and at the prices indicated below. Said bid prices have been checked and certified to be. correct. Said prices -are fixed and firm and shall be paid to Bidder upon successful completion of Its obligation as specified in the contract documents.. PROPOSED PRICE PER CUBIC YARD (Estimated Volume a 11,000 C.Y. per year) $ TOTAL BID PRICE PER YEAR (Multiplier = 11,000) $ Company Name Print Name Above signer's email address (if any) BF-2 Authorized Signature Title Direct Phone Number City of Tamarac Purchasing & Contracts Division BID FORM (contlnued) BID NO.04-22B Bidder's Company Name: TERMS: % (percent diseomt; 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 three (3) copies of this bid form should be submitted with the Bid. 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. "'AF "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. of Tamarac & Contracts Division CERTIFIED RESOLUTION I; (Name), the duly elected Secretary of (Name of Corp.); a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) 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 Wither 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. („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 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. page 1 of 1 Certified Resolution 1 . 1 City of Tamarac Purchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4., If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6.. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? ❑ YES F-1 NO 9. Do you have a complete set of documents, including drawings and addenda? ❑ YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES F-] NO Page 2 of 5 Offerm's Qualification Statement r' f% of Tamarac & Contracts Division 1$. State the name of Surety Company which will be providing the bond, and name and add.ress,of agent: 19. Bank References: Bank Address Telephone 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, .equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained'earnings): 21. State the name of the firm preparing the financial statement and date.thereof: 22. Is this financial statement for the identical organization named on page one? DYES NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offerors Qualification Statement City of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of County of )ss. being first duly sworn, deposes and says that: 1. He/she is the , (Owner, Partner, Officer, Representative or Agent) of ,the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and Is not a collusive or sham Proposal; 4. 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.; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or. any other of its agents, representatives; owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness By Printed Name Title Page 1 of 2 Non -Collusive Affidavit of Tamarac & 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. 2. 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. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). . .4. 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 contenders 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. 5. 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. 6. 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 Company Name Page 1 of f Drug -Free Workplace of Tamarac and Contracts e) 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount 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. 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 term of this Agreement is for a period of two (2) years, beginning approximately October 1, 2064 or the first day following execution by City, and ending September 30, 2006. Upon expiration, the City can renew the Agreement for two (2) additional two (2) year terms upon mutual agreement of the parties and under the same terms and conditions. 5) Contract Sum The Contract Sum for the above work is Dollars and cents ($__J.' This.Sum is subject to the terms contained in Bid 04-22B S ecial. Conditions Paragraph 6. Contract Escalation/De-Escalation. 6) Payments City will pay Contractor monthly for work that. has been completed and inspected. Payment is based upon submission by Contractor of an invoice approved by the Water Treatment Plant Superintendent or designee. The City shall pay the Contractor for work performed subject to the specifications of the job and any additions or deductions by approved change order as provided for in the Contract Documents. 7) Indemnification 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 , ' , i of Tamarac With a copy to City Attorney at the same address. C T R 12) Termination and Contracts Division This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) 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. Default by Contractor, In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms,, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) 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. 14) 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. 15) 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. 16) 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. 4 of Tamarac 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: CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Marion Swenson, CMC Date City Clerk Approved as to form and legal sufficiency: Date Mitchell S. Kraft, City Attorney Date ATTEST: Company Name (Corporate Secretary) Signature of President/Owner Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Date 6 r " I , TR 10530 EXHI'BIT-2"'"- J Q CO O N Z d rye, L.J z N = � 9 .2 W I� Q 1 W G J W I I I v a z w z 0 w Q CO (A W U) W W O w J L R N a 0 a q a 0) g i City of Tamarac r Purchasing & Contracts Division BID FORM (continued) BID NO.04-22B LIME SLUDGE REMOVAL, HAULING & DISPOSAL We propose to furnish the following In conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful compiation of its obligation as specified in the contract documents. PROPOSED PRICE PER CUBIC YARD (Estimated Volume =11,000 C.Y. per year) TOTAL BID PRICE PER YEAR (Multiplier = 11,000) `, )R NTi�(L�R 15 S G. I Company Name 'Ni � r ►� �, Print Name Above signer's email address (if any) BF-2 $ C! i Authorized Signature title 1751/ 3 ?10 F-q 5/y Direct Phone Number City of Tamarac 0 r PurMasir:� •3 Contracts Division BID FORM (continued) BID NO.04-22B Bidder's Company Name: �D „5 E 5... zN e . .O F VA LI / E TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion:J(2calendar 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 three (3) copies of this bid form should be submitted with the Bid. 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. 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. BF-4 City of Tamarac Contract., DiVs;on r CERTIFIED RESOLUTION I, t�'� t �•�� Ne. c. N T (Name), the duly elected Secretary of J)AD lr1t 9 NG Name of Cprp.), a corporation organized and existing under the laws of the State of �`r , do hereby certify that the following .Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held In accordance with law and the. by-laws of the said corporation. "IT IS HEREBY RE LVED THAT AVID 'P14e5y L-F%-_ duly elected 51 Dv (Name)", the 1R�/ (Title of Officer) of (Name of Corp.) be and is herauthorized 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. T furthef.•,gertify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of A_0_170'�5 zp Q (SEAL) By: A vo Corporate Title NOTE: The above is a suggested iforni. 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. Page 9 of f Certified Resolution City of Tamarac _ - Aurr ha sing & Contracts Division 3. IF Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an' individual, corporation or partnership, describe the organization and give the name and address of principals: 5. ' If Offeror is operating under a fictitious name,. submit evidence of compliance with the Florida Fictitious Name Statute. 6. Haw many years has y ur organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? WYES FINO 9. Do you have a complete set of documents, including drawings and addenda? DYES [X] NO 10. Did. you attend the Pre -Proposal Conference if any such conference was held? ® YES EJ NO Page 2 of 5 OFeror's Qualification Staten7enl of Tamarac 5 Cantracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: _ , 19. Bank References: Bank 43Address Tele hone cAC^V� 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) .. Current Liabilities (e.g., accounts payable, . notes payable, accrued expenses, provision for income taxes, .advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the preparing the financial statement and date thereof: 22. is this financial statement for the identical organization named on page one? ERYES NO 23. if not, explain the relationship and financial responsibility of the organization whose. financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offerors Qualification Statement r I t Y y City of Tamarac !e".) Purohasing & C00tracts Division NON -COLLUSIVE AFFIDAVIT State of iL_ , & ct� q� )ss. County ofrr,��c���( ) being first duly -sworn, deposes'and says that: 1. He/she is the a� Owner, Partner, Officer, Representative or Agent) of NTrK1 �Sr c. v/� the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. 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; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agree e t on the part of the Offeror or any other of its agents, representatives, owner , e ployees or parties in interest, including this affiant. Signed, sealed and d Wered in the presence of: Witness ti LSL\ Ct \ E Witness C:=:7,•.e w•c �s�,�`ic,,v.�.•� .,,�� Vie tJ 1 j,� Pe, Printed N;aej Title Page 1 of 2 Non-Coilusive Af%davit 2Z 0 ra,rrarac Z1. �I Ccntracts Divisor 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: 1. 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. 2. 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. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. 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. 5. 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. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of INs section. As the person authorized to sign the statement, I certify that th"omplies fully with the above requirements. , U VAak&L 6K2d - L 2(ts W_ G. Auth ized Signature Company Name Page i of r Drug -Free Workplace I . 4 i " of Tamarac and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRD ENTERPRISES, INC., DAVIE THIS AGREEMENT is made and entered into this ,&*',a day ofJaltJ4,4" 20_124 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 DRD Enterprises, Inc., Davie, a Florida corporation with principal offices located at 858 NW 81 Terrace, Plantation FL 33324 (the "Contractor") to provide for lime sludge removal, hauling and disposal for the Water Treatment Plant. 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, all terms and conditions contained in Bid 04-22B (General Terms and Conditions, Special Conditions and Special Provisions), Specifications, all addenda issued prior to 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 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 excavate, remove, dewater and dispose of all lime sludge settled in the Water Treatment Plant Lagoon per the terms, conditions and specifications of Bid 04- 22B. b) Contractor shall be responsible for payment of any and all dumping fees and/or permits required. c) 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. d) 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. City of Tamarac Purchasing and Contracts Division e) 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount 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. 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 term of this Agreement is for a period of two (2) years, beginning approximately October 1, 2004 or the first day following execution by City, and ending September 30, 2006. Upon expiration, the City can renew the Agreement for two (2) additional two (2) year terms, upon mutual agreement of the parties and under the same terms and conditions. 5) Contract Sum The Contract Sum for the above work is Seven Dollars and Fifty cents per cubic yard ($7.50/C.Y.), based on an estimated annual volume of Eleven Thousand (11,000) cubic yards, for an amount not to exceed Eighty-two Thousand Five Hundred Dollars ($82,500.00) per year. This price is subject to the terms contained in Bid 04-22B, Special Conditions, Paragraph 6, Contract Escalation/De-Escalation. 6) Payments City will pay Contractor monthly for work that has been completed and inspected. Payment is based upon submission by Contractor of an invoice approved by the Water Treatment Plant Superintendent or designee. The City shall pay the Contractor for work performed subject to the specifications of the job and any additions or deductions by approved change order as provided for in the Contract Documents. 9 r ' t ' of Tamarac and Contracts Division 7) Indemnification 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.. 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. 8) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw. materials. Any violation of such provisions shall constitute a material breach of this Agreement. 9) 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. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. 3 City of Tamarac Purchasing and Contracts Division 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 David Pressler DRD Enterprises, Inc. Davie 858 NW 81 Terrace Plantation FL 33324 PH: 954-370-7944 12) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other parry 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. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) 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. 14) 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. 15) 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. 4 r •, of Tamarac and Contracts Division 16) 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. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged he This Agreement can be' supplemented and/or amended only by a written document executed by both the Contractor and the City. 9 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 Director duly authorized to execute same. CITY OF TA ARAC J e chreiber, Mayor 912:21 ou Date r'-7ll•1�,.. ATTEST: effrey L, Miler, City Manager X11 , ,I � � 0 . — Ir - . Marion Swenson, CIVIC City Clerk o 1allQ ATTEST: N/A (Corporate Secretary) M Type/Print Name of Corporate Secy. (CORPORATE SEAL) I r, 7)Av i DAIC5 5 Lf-V�' Type/Print Name of Director Date A of Tamarac and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF BROWARD: 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 Marian Pressler, Director, of DRD Enterprises, Inc. Davie, 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. day of r 004. ` Signature of Notary P lie State of Florida at Large Print, Type or Stamp Name of Notary Public 24,2p #DD22W98 ❑ Personally known to me or [9 Produced Identification !=L QL.P (ZA+(-75 % 7 © )'CC] Type of I.D. Produced DID take an oath, or DID NOT take an oath. PA; i!f of TAmolvc _._... �..__..._.. ,..._...,. —.... _.__. Pu►wfrestr� Carr►rscfs Diyislort CHANGE ORDER DATE OF ISSUANCE: January 11, 2005 OWNER: CITY OF TAMARAC 7525 NW 88` Avenue Tamarac, FL 33321.2401 BID NO. 04-228 CONTRACTOR DRD Enterprises, Inc. CHANGE ORDER NO. PROJECT NAME: PROJECT NO. P,O. NUMBER "EXHIBIT 2" TR #11048 Lime Sludge . Removal 80058 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: Increase quantity of sludge removal by .2,650 cu. yds @ $7,50/cu yd for total increase of $19,876 due to unforseen increase in water usage, requiring the use of more lime resulting in increased lima sludge production, PURPOSE OF CHANGE ORDER: To provide for increased quantity of lime sludge removal due to unforseen increase in water usage. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Time $ 82,600,00 NIA Previous Change larder No. NIA to No. NIA Net change from previous change orders $0.00 None Contract Price prior to this Change Order Contract Time prior to this Change Order $ 82,500.00 None Net (Increase) of this Change Order Net (Increase) of this Change Order $ 19,876.00 None Contract Price with all approved Change Orders -Contract Time with all approved Change Orders $102,375.00 Unchanged u►rectov. - • pay anager 1�-. Date ii�w.� Data /�/? OS,�:vr I� C}ty of Taina►ac .......... --- ,.,...--- �---P1IrChe1Sh7g & Car7tlaCts Dh11Si0l7.. ........ .. -.- ....... . . . . "EXHIBIT 3" CHANGE ORDER TR #11048 DATE OF ISSUANCE: April 28, 2005 CHANGE ORDER NO, OWNER- CITY OF TAMARAC PROJECT NAME' Lime Sludge 7525 NW $8a, Avenue Tamarac, FL $3321-2401 Removal Hauling &DispQsal BID NO, 04-22B PROJECT NO - CONTRACTOR DRD Enterprises Inc. of Davie P.O, NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HERESY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION. Amend pricing in accordance with Escalation Clause contained in "Special Conditions" Section 6, "Contract Escalation/De-escalation". PURPOSE OF CHANGE ORDER: Price escalation in accordance with Contract provisions of $.50 per cu. yd. CHANGE IN CONTRACT PRICE Original Contract Price $ 7.60 / -.0 yd Previous Change Order No. N/A to No. N/A $ None Contract Price prior to this Change Order $7.60/cuyd Net (Increase) of this Change Order $.50/cuyd Contract Price with all approved Change Orders $8.00/cuyd CHANGE IN CONTRACT TIME Original Contract Time None Net change from previous change orders None Contract Time prior to this Change Order Norte Net (Increase) of this Change Order N/A Contract Time with all approved Change Orders N/A t - ENDED APPR VED �' BY Y BY� Dire r City a r Date S or Date Date l ORD ENTERPRISES -INC. OT DAVIE CPTO 9A1.(GiNi :IN 4,1, IF Sj.LR'n.T li.l:\It)V \I. 35M \iV 91 TEriltrC'x "","N- T TION. FLORIDA 3a324 PIION1; 951-370..7944 F %X +)-5J-337-2837 L[lN rnNrl/)AOL.COM CA) Mr. John Harvey City of Tamarac April 12, 2005 Mr, Harvey; Due to the dramatic increase in fuel prices since the current sludge removal bid DRD Enterprises Is requesting an increase of 50 cents per yard. This increase is required in order to meet the increased trur-king expenses that have been caused by the fuel prices_ I would hope the city understands the situation and would hope that DRD Enterprises will be able to continue to provide quality service to the City of Tamarac_ Cordially, t �r C, L l rr. David Pressler President .LJ VV'l PORTLANU TRUCKINQ 9EiO/10E3 INC.'­' ORD EN7aR TICIETRirF=PRISEB ORD•734 7MSL From BZNp 9T & UMNJl,9l�1T1f DR DATE: 7mm" MA&M-Wo sW=CWMwnanr NALPLJN04LUDGE MA7�ML4L ff FORWT)rW DATE TRUCK# mKow aaAKrrry RAIMODE RATE TOTAL QuA"TiTY 1ji10E TOTAL 7ro9tiD�F 303 293�213 1.00 LOAD zoo 7!0l�D4 9D3 �21�. 1,00 LOAD ozoo 7JD91D4 � 2E321 � g�OD �M 1.00 LOAD p2,0p �� 7JD9d04 30C� 283216 1.00 LOAD 03.00 ez.W Ti0�4 W3 2W 217 1.00 LOAD QZ.00 7M104 3W = 18 g2p0 MW4 303 2&3m 1.00 LGAD 02.00 VLOD 7ro8R'I4 32 115501 1.00 LOAD CD.OD 8200 7AN/04 32 11a5QZ t.00 LOAD Moo szoo 7�VO4 32 11 1.00 LOAD moo B2.0p 7ME104 32 . 1135U 1.00 LOAD azoo 620D il�'Q•i ,15 �131 T_00 LOAD W-00 �'� 7i0lI+p4 45 2mao 1.00 LOAD W-00 02-00 7iMVb4 45 229140 too LOAD 0zoo CLOG 7AWN4 45 22ow 7.00 LOAD 82.00 02,40 7nD W4 46 220142 1_M LOAD B7.OD 91.o0 1.00 LOAD llie.0o 02,no 7100104 45 2W143 1.00 LOAD C1w 02.00 T)MM 45 220144 1-M LOAD 0200 p2,p0 7A)SAM 4s 22411? 1.00 LOAD Moo SZ OA TMM4 45 229119 1.90 LOAD W-00 62.00 7K161oa 45 229120 1.00 LOAD 62M 62,00 7A)&04 46 229121 1.00 LOAD 7/0@N4 46 =122 BZW W-W 7AMM4 46 222123 1.09 LOAD 62.00 02.00 PA9�fl4 48 �'124 1.00 ROAD trmoo m 7/0&M� 7a 210212 1.00 LOAD 02A0 92.OD 7AMM4 70 7i0z13 1,00 LOAq *zoo 62.00 71iR8/D4 70 230214 1.00 LOAD ozoo 6MOD 7AM004 70 290Q15 1,pq LOAD azoo 1r2.00 i1�0t7fQ4 70 2�OQ19 !.W LOAD W-00 E000 TA%" 70 230217 1.00 Loan 0-00 SZCD 1.00 LOAD 02.00 62.00 DATE ?MW2000 31 7f09Ap4 3D3 253219 31.00 1,922.0 711Y9b¢ 303 1.00 LOAD �•W BZ.Op 7/g6VO4 3m 1 1,90 LOAD 62.00 W-00 1_aO Lom OZOD 7 303 3�3 1.00 LOAD 1iZ00 52'.OD 71UGM4 303 203 1.00 LOAD 82Do e2.W 7�a9roa 3Q3 g 1.00 LOAD W-00 62.00 7/09M4 32 � 4S 1.00 LOAD �.00 42.OD 7MQ004 32 2Z148 1.00 LOAp $2.00 azoo 1.00 Lawn W-00 gym P�9a 1 Z0Jt1r� 9 ";ilz 980VIZ/bo PORT'L ND TRUCKING SERVICES INC. `J TICKET REF_ Dittw-041009NSL ORD ENTERPRISES nATl, 0'rom TAMARAC WATER PLANT - kAULWO MORM41MM M4'azity& WFORMAnON MAtN.IW0.6L8dC,� DATE TRUCK g 7WKETO ~ITY R ATMODE RAU TMAI. OIYNTItY >wIyCE f�1.9l84 9pW 5b11ap Se-2/D4 WW 3411M "MU BOGO $0102 UM04 WW 541183 W."4 8000 64282T. W29104 8000 644509 92904 WOO 54&&40 W04 .6G00 51 SIM4 60110 62WO4 544W2 644W3 WOO DATE wn/2o" 1p *Saw 6000 541169 W30104 SOM 644542 w30m4 aom @rJ01tu 644M3 501M gr-IW4 VW0 $44614 844" WMM4 60OU $44548 9=104 en40 544507 A+'40IU4 BWO $44590 0110Y04 WOO 544599 W30A 4 8000. 544WO DATE BUJO�/2OOrt iDA31/04 107 IQUIM4 107 1O01/04 im 1 KII/104 107 10V01 /04 207 I01O /044 207 10MI M4 207 1OMIJ04 207 1 W IM4 48 10/01 /04 40 10M 04 48 10V01104 4 1=1/04 6' m 100M04 6000 10M1/04 B000 1OA71/04 Woo 10101/04 9000 007141 541182 $41183 541184 0002W S40425 27 1.CO LDAD bo,0D G0.00 1.00 LOAD 40.00 90.00 1.00 LOAD 40.00 80,00 1.00 LOAD 110.00 60.00 1.00 LOAD 80.00 m.00 1.DD LOAD 80.00 a0.00 1.00 LOAD 80.00 80.00 140 LOAD W.00 80.00 1.00 LOAD BOAo BD 00 1.00 LOAD 00.00 Moo 10.00 800.00 1.00 LOAD epg0 1.414 LOAD 80-00 1,00 LOAD 90.00 1.00 LOAD 80_00 1 AO LOAD 80.00 1.00 LOAD 00.00 1.00 LOAD 90.00 1.00 LOAD 80.00 1.00 LOAD 80,g0 1 -0 LOAD 60,00 11 tN.i10 140 LOAD 1.00 LOAD 1.Op LOAD 1.06 LOAD 1.00 LOAD 1.00 LOAD 1.00 LOAD 1.90 LOAD 1.00 LOAD 1-OO LOAD 1.00 LOAD 1.00 LOAD 1.00 LOAD 1 m LOAD I LOAD 1.00 LbAD 1,00 LOAD J-W LOAD eo.o0 l0,00 W.00 ea_ao 60.00 80.00 40.00 00.00 90.00 813.00 00.00 80.00 80.00 ao.00 80.00 90.00 ISMOD 9O.OQ W-00 80.00 80_00 a1,00 som 80.00 80.00 80.00 W.00 ow.00 W.0O a0_00 $0.00 80.00 Boix MOO 80-00 80.00 eO.OD e0.00 00.00 80.00 90.00 8*.w A0.00 90.00 90.00 80.00 i�I 50 3E)ad 9 ll;ZZ 90W/W/rO 4,u-+-o� I -moor SFrom., David Pressler 9543372837 ent by the Award Winning Cheyenne Bitww-- 4/20/05 16,26.36 Page. 1 of 1 04/20/2005 @0:49 0 PORTLAND TRUCKING SERVICES, INC. 160 N.W 176 S7MEET, SUM 309 *A . MYA H, FLOMDA &n69 TEL. (305) 690-9120 FAYz (30) 690-9= poRrzArrnr,Rvc„tc�,,�uL�«, a„- 04/29/2005 Mr. Dave Pressler 858 N.W. 81 Terrace Pl-'Mtation, Florida 33324 Dear Dave Pressler, v We' like tdlce iXvi� orts�sui over the ytn ty exFress our 5" C4x* appmetati0in far Yo,17p lry�cinv� x�, /\9 rots lcL�x-.w, ti p Cnrit �rF fiarl, in913r0ncr: a-nd c►ther ijama xLI Lbed to aperathng.a dUMP tMck has rift n a great deal recenAy. Therczfore, in order to Maintetira +he current level of service, we are hereby fvxced to iuct'ea5e Our hauling from, Tamarac Water Plant to Pembroke Rood & 40rh AveC uQA jerom $60.00 per load to $90_00 P� load eff�ct3_p 3mrnari4� 1y W� vslxxp a your business. nd we look forward to continue servift you. Sincerely, Orlando Wray President CO-OP GASOLINE AND DIESEL WEEKLYREPORT .Prices in Effect for Deliveries Made the Week of: ; :"/2D04,­: : • Group I - Gasoline Tankwagon Deliveries Contract 0-2.00-042-132-expires 8/31/04-MacMillan Oil Company, Marcia Cardoso (305) 691-7814x29 Reg Unleaded Mid Unleaded Prom Unloaded aPi Pilas': : i : ,.:.;:449kkup/�isanunt Aid-FIriee. pier Gsllort : $1.2169 + $D.0525 $1.2684 $1.2574 + $0.o4eo $1.3054 $1.3298 + $0.0380 $1.3678 Group II - Gasoline Transport Deliveries Contract D-2-00-042-82 -.expires 8131/04 - Amerada Hess Corporation, Nelson Alves (732) 750-6888 Reg Unleaded Mid Unleaded Preen Unleaded 11AarJrgprJiscou�ft .:::: ::Not.Prlcw Per.rallgrt' $1.2159 - $(1.D085 S1.2074 $1.2574 - $0.0095 $1.2479 . $1.3286 - $0,0155 31.3143 . Group 2 - Diesel No.2 Low Sulfur Transport Deliveries Contract D10401881 - expires 5/31105 - Flyder Energy Distribution Corp., Steven Kim (305) 500-4303 :.. '"" •' ••RPIS:PrIcR•:•� ::';::' :; :•:�:!_':Marku LTiacaunt':.�•=: p/ •:Nat• $1.2141 I + S0.0008 $1.2149 Group 1 - Diesel No.2 Low Sulfur Tankwagon Deliveries Contract 0104o1801 - expires 5131105 - MacMillan Oil Company, Marcio Cardoso (305) 691-7814x29 dIP13'.Prlce : : MarlkuplDlscaunt ' •:140U 600 P 091low.% $1.2141 + 50.0280 $1.2421 Group 3 - Diesel No.2 High Sulfur Tankwagon Deliveries Contract D10401881 - expires 5/31/05 - Port Consolidated, Inc., Janet Haase (954) 522-11 B2 ...:. OplS:prPce =::::: : ``;:::._:.': Miiiiktipliliscatrrjt�:: ;:�:.:� •.:•�.� IV;gt' prlee:par��C�ltiin•••: $1.1954 + $0.0588 $1.2542 Group Il - Biodiesel B20 Tankwagon Deliveries Contract D-X-01-228-B1 - expires 7/31/04 -.B_V_ Oil Company, Andy Varas (305) 593-0705x22 :.: r :.:.OpIS•Priae :;:-::::::.' ::::::.:.IlflarttuplgisiF�aunt: :: ,;::': •,Not PjjrX PaG t?a11ot1 NA + 50.2316 NA Group III - Biodiesel 8100 Tankwagon Deliveries Contract D-X-01-228-B1 - expires 7/31/04 - 6.V. Oil Company, Andy Varas (305) 593-0705x22 •, : �;•[]PISPri��;".::.; � ' `:.•.:.:....Matkdpr['7-u�aunt'=::':•... ...Net:Ptic� Per'Gpllori • NIA + WA NA Will Glaamyer Broward County Purchasing DMalnn s-Aug-o4 - W-j- V IUO-OP WEEKLY DIESEL REP AT Prices in Effect for Deliveries Made the Week of - Group 2 - Diesel No.2 Low Sulfur Transport Deliveries Contract D104018131 - expires 5/31/05 - Ryder Energy Distribution Corp., Steven Kim (305) 500-4303 • : ;:; : ,.:.OPTS P.rice:::•.:,• ....... '.•Merkup��$cbunh' • `:r:. ��,: •: filet. PiiCe:Per C�aflgrl: 51.72dB + $0.0008 $1.7266 Group 1 - Diesel No_2 Low Sulfur Tankwagon deliveries Contract D104018131 - expires 5/31105 - MacMillan Oil Company, Marcio Cardoso (305) 891-7814x2g ':OPIS•.Price:r':::•••":,� :.••.:..::r; ;Mgrlt.4.'OIDi�Cblurt; :`�' • Price�t'eF.Ballan Net $1.7248 + $0.0280 $1.7628 Group 3 - Diesel N0_2 High Sulfur Tankwagon Deliveries Contract D104018131 - expires 5/31105 - Port Consolidated, Inc., Janet Hoose (954) 522-1182 .,.• :Mklcfioo*6 'ra, ::.:•: ° :: 11iM Pi14 Per :-gh00rj 51.7021 + 1 $0.0588 $1.7609 AnnDebre plat Bro"rd Owrity Puroh=hg Division 7-Apr-o5 EXIIIBIT 4 TR 11048 0............................................... Pur•c:hasinPurchasing,Division ............................................................................................................. AMENDMENT #1 TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND DRD ENTERPRISES, INC. OF DAVIE The CITY OF TAMARAC ("City") and DRD ENTERPRISES, INC. OF DAVIE, a Florida Corporation with principal offices located at 858 NW 81 Terrace, Plantation FL 33324 (Contractor) agree to execute Amendment #1 to the original Agreement dated providing for Lime Sludge Hauling and Disposal Services as follows: 1. Per the terms of Section 4 of the original Agreement dated September 22, 2004, the City and Contractor agree to exercise the first renewal option for a term effective October 1, 2006 through September 30, 2008. 2. Section 4 of the Agreement shall be amended as follows: 3) Time of Commencement and Substantial Completion The term of this Agreement shall be for two years, beginning on OGtebe. 1c 1,, 2004 October 1. 2006 through SeptembeF 30, 2006 September 30, 2008. Upon expiration of this term, the parties may choose to terminate, renew and/or re -negotiate the Agreement by written agreement signed by the parties hereto for a term to be set in the renewal agreement. All other provisions of the original Agreement, as amended, remain in effect as written. Remainder of Page Intentionally Blank 2 t CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF 'U )C'"'A : I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared David Pressler, President of DRD Enterprises, Inc. of Davie, 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. d'6• WITNESS my hand and official seal this �1 day of 34 , 2006. Signature of Notary Public K, A. LLOYD State of Florida at Large Noon Public Stab of FMW Oy COM66M EXPW a Moy 14.20 WmftonixDD5425M BMW by Nalml Nww�w. Print, Type or Stamp Name of Notary Public ❑ Personally known to me or 4Er Produced Identification L,'CC- g-�- L, � q Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor and its City Manager, and DRD Enterprises, Inc. of Davie, signing by and through its President, duly authorized to execute same. ATTEST: Marie 5wirnson, CIVIC -GJty Cleric' rro ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC ..'X0q( "&L Beth Flansbaum-Talabisco, Ma r a D to C . /-'� 444-L" Jeffr filler, City Manager ef�Cgf� 4D*-6L- DRD EnWpriseslin Compan. Name / re of President David Pressler type/Print Name of President Date