HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-093Temp. Reso. # 10974
June 14, 2006
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2006- 5 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD BID #06-12B
AND EXECUTE AN AGREEMENT WITH CARLTON'S TREE
SERVICE, INC. FOR THE REMOVAL OF HAZARDOUS
TREES FOR AN AMOUNT NOT TO EXCEED $78,925 FROM
THE APPROPRIATE ACCOUNTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City Commission of the City of Tamarac deems it to be in the best
interest of the citizens and residents of the City of Tamarac to remove standing hazardous
trees damaged as a result of Hurricane Wilma; and
WHEREAS, the City publicly advertised Bid #06-12B for the removal of trees
determined to be standing hazardous trees as determined by the City's certified arborist;
and
WHEREAS, Invitation to Bid #06-12B is attached hereto as Exhibit 1"; and
WHEREAS, on April 17, 2006, seventeen (17) bids were opened and reviewed in
order to determine cost and responsiveness to the City's technical specification; and
WHEREAS, a copy of the bid tabulation showing all bids for Bid #06-012B is
included herein as Exhibit "2"; and
WHEREAS, the apparent low bidder, Got Stumps, Inc. was deemed non -responsive
based on correspondence received from Broward County's Environmental Protection
Department, the County's licensing agency for tree removal, advising Got Stumps, Inc. is
not licensed to trim trees in Broward County; and
Temp. Reso. # 10974
June 14, 2006
Page 2
WHEREAS, Carlton's Tree Service, Inc., the lowest responsive and responsible
bidder, submitted a bid for removal of standing hazard trees pursuant to the Terms &
Conditions, Special Conditions, and Technical Specifications of Bid #06-12B for an amount
not to exceed $78,925; and
WHEREAS, the Public Works Director, Public Works Operations Manager, and
Purchasing and Contracts Manager recommend that the appropriate City Officials enter
into an Agreement to utilize Carlton's Tree Service, Inc., for removal of hazardous trees, a
copy of said Agreement is included herein as Exhibit "Y; and
WHEREAS, funding in the amount of $78,925, is available within the Hurricane
Wilma project fund for emergency repairs, of which a portion of the funds will be
reimbursable by FEMA; and
WHEREAS, the City Commission amended the FY 2006 Public Works Grants Fund
to cover unanticipated costs as a direct result of Hurricane Wilma; and
WHEREAS, the Director of Public Works and Purchasing and Contracts Manager
have determined that it is in the City's economic interests to remove standing hazardous
trees damaged following Hurricane Wilma; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to secure removal of
hazardous trees using the prices, terms, and conditions of the agreement with Carlton's
Tree Service, Inc.
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Temp. Reso. # 10974
June 14, 2006
Page 3
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 #06-1213 to Carlton's Tree Service, Inc. is
HEREBY approved for an amount not to exceed $78,925.
SECTION 3: That the appropriate City Officials are HEREBY authorized to
execute an agreement with Carlton's Tree Service, Inc. and copy of said agreement being
hereto attached as Exhibit "3".
SECTION 4: All Resolutions or parks of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
Temp. Reso. # 10974
June 14, 2006
Page 4
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of c.� 2006.
�2 �-
BETH FLANSBAUM-TALABI%I
MAYOR
ATTEST:
MARION SWENS004, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
AI L S. GOREN- d-c
CATTORNEY
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
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Temporary Reso. No. 10974 -- Exhibit 1
I
INVITATION TO BID
oRl
BID NO. 06-12B
TREE- REMOVAL POST HURRICANE
WILMA
03/24/06
BID SET
City of Tamarac
Purchasing Division
7525 NW 88t" Avenue
Room '108
954-597-3570
Temporary Reso. No. 10974 -- Exhibit 1
�'�iiJ.1►`,IIll fi=l1Ilk IM;
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW 88T" AVENUE
TAMARAC, FL 33321
954-597-3570
INVITATION FOR BID
Bidder Acknowledgement
BID NO.: 06-12B
BID TITLE: TREE REMOVAL POST HURRICANE WILMA
BID OPENING DATE/TIME: APRIL 17, 2006
BUYER NAME: JIM NICOTRA, SENIOR PROCUREMENT SPECIALIST
BUYER PHONE: 954-597-3570
BUYER EMAIL: jimn@tamarac.org
PRE -BID CONFERENCE/SITE INSPECTION: NO PRE -BID CONFERENCE
BONDING: Not Applicable Bid Cost: No Charge
GENERAL CONDITIONS
These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City
of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by
Indicating such change in the Instructions to Bidders or in the special conditions of the bid. Any and all
special conditions that may vary from these general conditions shall prevail over any conflicting provision
within any vendor's standard terms and conditions regardless of any language in vendor's documentation to
the contrary.
SEALED BIDS
This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall
contain the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form
may be deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those
bids that do not comply with these conditions may be deemed non -responsive.
1*1Q1014:iK0Lill9\J'a►►c1�,I*
COMPANY ADDRESS:
COMPANY PHONE:
NAME OF AUTHORIZED AGENT:
TITLE OF AUTHORIZED AGENT:
FAIIJ10.1500 'a:3rL1H1:1112:1Ji►_11Wa101010*R5
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER:
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and
without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as
an agent for the Bidder.
Temporary Reso. No. 10974 — Exhibit 1
Ci'*,, of Tc,in� rac
It is the intent of the City to award this bid to the lowest
responsible and responsive Bidd4. The City reserves the
right to accept or reject any or all bids and to waive any
informality concerning the bids when such rejection or
waiver is deemed to be in the best interest of the City.
The City reserves the right to award the bid on a split
order basis, lump sum or individual item basis unless
otherwise stated, whichever is in the best interest of the
City.
This solicitation is issued pursuant to the City of Tamarac
Code, Chapter 6, "Finance & Taxation", Article V,
"Purchasing Procedures", Section 6-141 et seq.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made
to the City of Tamarac by all prospective Bidders including
but not limited to Request for Quotes, Request for Bids and
Request for Proposals. As such the words "bid" and
"proposal" are used interchangeably in reference to all
offers submitted by prospective Bidders.
1. SUBMISSION OF THE BID
The Bidder is directed to deliver sealed bids to the City of
Tamarac, Purchasing Division, 7525 N. W. 88th Avenue,
Room 108, Tamarac, Florida 33321, no later than the date
and time specified on the cover page of this solicitation
document. At this time the bids will be opened, the names
of all Bidders will be announced and all bids shall become a
matter of public record. All Bidders and their representatives
are invited to attend. The Bidder must show the bid number,
bid name, time and date of the bid opening on the outside
of the sealed bid package. Delivery of the sealed bids to the
Purchasing Office on or before the above date is solely and
strictly the responsibility of the Bidder. Late bids will be
returned unopened to the Bidder.
It is the Bidder's responsibility to read and understand the
requirements of this bid. Unless otherwise specified, the
Bidder must use the bid form furnished in the bid document.
The Bidder is requested to submit one (1) original and two
(2) copies of the bid. The original bid must be manually
and duly signed in ink by a Corporate Officer, Principal,
or Partner with the authority to bind the bidding
company or firm by his/her signature. All bid forms must
be typewritten or completed in ink. The Bidder must initial
any erasures or corrections in ink. All prices, terms and
conditions quoted in the submitted bid will be firm for
acceptance for sixty days from the date of the bid opening
unless otherwise stated by the City.
The Bidder preparing a bid in response to this solicitation
shall bear all expenses associated with its preparation.
The Bidder shall prepare a bid with the understanding
that no claim for reimbursement shall be submitted to the
City for expenses related to its preparation.
2. BID DEPOSIT
When required on the cover page, a bid deposit or bid
surety bond in the amount specified shall accompany the
bid. Bid deposits shall be in the form of cash, certified
check or cashier's check, drawn on a responsible bank
doing business in the United States, and shall be made
payable to the City of Tamarac. In lieu of a bid deposit, a
bid surety provided by a firm licensed to business in the
State of Florida shall be provided to the City. Any bid
deposits will be returned to the Bidders at the time of
Purc halm<7 ano Contracts Drvis ,,
contract award. The bid deposit of the successful
vendor shall be returned upon receipt of acceptable
Performance and/or Payment bonds.
3. BONDING
When required by the specification herein, the
successful Bidder shall furnish a Performance and
Payment bond, and/or Warranty bond, as stated on the
cover page of this solicitation, on the City's forms, within
fifteen (15) calendar days after notification of contract
award. Failure to furnish the required bonds within the
time specified may be cause for rejection of the bid and
any bid deposit may be retained by the City as
liquidated damages and not as a penalty. Said sum
shall be a fair estimate of the amount of damages the
City would sustain due to Bidder's failure to furnish said
bonds.
4. WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the indicated
opening time. The request for withdrawal must be
submitted in writing to the Purchasing Office.
5. PUBLIC ENTITY CRIMES STATEMENT
A person or affiliate who has been placed on the
convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the
construction or repair of a public building or public work,
may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact
business with any public entity in excess of the
threshold amount provided in Section 287.017, for
Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
6. NON -COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -Collusive
Affidavit Form and submit this form with the
bid/proposal. The City considers the failure of the
Contractor to submit this document to be a major
irregularity, and may be cause for rejection of the
Proposal.
7. CONFLICT OF INTEREST
The award hereunder is subject to the provisions of
Chapter 112 of the State of Florida Statutes. Bidders
shall disclose the name of any officer, director, partner,
proprietor, associate or agent who is also a public officer
or employee of the City or any of its agencies.
8. QUANTITIES
Quantities shown are estimates only. No guarantee or
warranty is given or implied by the City as to the total
amount that may or may not be purchased from any
resulting contract. The City reserves the right to
decrease or increase quantities or add or delete any
item from the contract if it is determined that it best
serves the interests of the City.
9. PRICES, PAYMENTS AND DISCOUNTS
Bid prices shall be fixed and firm to the extent required
under Special Conditions.
Temporary Reso. No. 10974 -- Exhibit 1
City cat Tarnar;�c
" tw . . ...........Purcha,v g and Contracts Divksion
In the absence of a reference in the Special Conditions, bid
prices shall be fixed and firm for a period of ninety (90)
calendar days. Payment will be made only after receipt and
acceptance of materials/services. Cash discounts may be
offered for prompt payment; however, such discounts shall
not be considered in determining the lowest net cost for bid
evaluation.
Bidders are encouraged to provide prompt payment terms
in the space provided on the Bid Form. If no payment
discount is offered, the Bidder should enter zero (0) for the
percentage discount to indicate net 30 days. If the Bidder
does not enter a percentage discount, it is understood and
agreed that the payment terms shall be 2% 10 days, net 30
days effective on the date that the City receives an accurate
invoice or accepts the product, whichever is the later date.
Payment is deemed made on the date of the mailing of the
check. All payments shall be governed by the Florida
Prompt Payment Act, F.S. Chapter218.
10. DELIVERY
All items shall be delivered F.O.B. destination to a specific
City address. All delivery costs and charges must be
included in the bid price. The City reserves the right to
cancel orders or any part thereof, without obligation if
delivery is not made at the time specified in the bid.
11. MANUFACTURER'S NAME & APPROVED
EQUIVALENTS
Manufacturer's name, trade name, brand name information
and/or model/catalog numbers are used in these
specifications for information and establishment of a quality
level desired, and are not intended to restrict competition
unless otherwise specified in the bid. The Bidder may offer
any brand which meets or exceeds the specifications for
any item(s). If bids are based on equivalent products,
indicate on the bid form the manufacturer's name and
model/catalog number. Bidder shall submit complete
descriptive literature and/or specifications with the bid. The
burden of proof for specification compliance is solely on the
Bidder. The City reserves the right to be the sole judge of
what is equal and acceptable. Failure to provide this
information within three (3) .business days of the City's
request may be grounds for bid disqualification. If Bidder
fails to name a substitute, it will be assumed that the Bidder
has submitted a bid which conforms in all aspects to the
requirements of the bid document, and that the Bidder
intends to furnish goods identical to the bid standard.
12. SAMPLES AND DEMONSTRATIONS
When requested, samples are to be furnished free of
charge to the City. If a sample is requested it must be
delivered within seven days of the request unless otherwise
stated in the bid. Each sample must be marked with the
Bidder's name and manufacture's brand name. The City will
not be responsible for returning samples. The City may
request a full demonstration of any product or service
before the award of a contract. All demonstrations will be
done at the expense of the Bidder.
13. BACKGROUND INVESTIGATION
As a part of the Bid evaluation process, the City may
conduct a background investigation including a criminal
record check of Bidder's officers and/or employees, by the
Broward County Sheriffs Office. Bidder's submission of a
bid constitutes acknowledgement of and consent to such
investigation. City shall be the sole judge in determining
Bidder's qualifications.
14. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in
conjunction with this bid shall be new, warranted for
their merchantability, fit for a particular purpose, free
from defects and consistent with industry standards.
The products shall be delivered to the City in excellent
condition. In the event that any of the products supplied
to the City are found to be defective or do not conform to
the specifications, the City reserves the right to return
the product to the Bidder at no cost to the City.
Successful Bidder shall furnish all guarantees and
warranties to the Project Manager prior to final
acceptance and payment. The warranty period shall
commence upon final acceptance of the product.
15. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing
or selling the goods shipped or ordered as a result of
this bid. The seller agrees to hold the City harmless from
all liability, loss or expense occasioned by any such
violation.
16. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the
City conform with all respects to the standards set forth
in the Occupational Safety and Health Act and its
amendments to any industry standards, if applicable.
17. PERFORMANCE
Failure on the part of the Bidder to comply with the
conditions, terms, specifications and requirements of the
bid shall be just cause for cancellation of the bid award.
The City may, by written notice to the Bidder, terminate
the contract for failure to perform. The date of
termination shall be stated in the notice. The City shall
be the sole judge of nonperformance.
18. INSPECTION
The City shall have the right to inspect any materials,
components, equipment, supplies, services or
completed work specified herein. Any of said items not
complying with these specifications are subject to
rejection at the option of the City. Any items rejected
shall be removed from the premises of the City and/or
replaced at the entire expense of the successful vendor.
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a. DEFAULT
In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the
City for cause, should the Contractor neglect or fail to
perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30)
days after receipt by Contractor of written notice of such
neglect or failure.
b. TERMINATION FOR CONVENIENCE
The final Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by
the terminating party to the other party for such
termination in which event the Contractor shall be paid
Temporary Reso. No. 10974 — Exhibit 1
City of Tamarac
its compensation for services performed to termination
date, including services reasonably related to termination.
In the event that the Contractor abandons this Agreement
or causes it to be terminated, Contractor shall indemnify the
city against loss pertaining to this termination.
c. FUNDING OUT
This agreement shall remain in full force and effect only as
long as the expenditures provided for in the Agreement
have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of
funding.
20. ASSIGNMENT
The Bidder shall not transfer or assign the performance
required by this bid without the prior written consent of the
City. Any award issued pursuant to this bid and monies that
may become due hereunder are not assignable except with
prior written approval of the City.
21. EMPLOYEES
Employees of the Bidder shall at all times be under its sole
direction and not an employee or agent of the City. The
Bidder shall supply competent and physically capable
employees. The City may require the Bidder to remove an
employee it deems careless, incompetent, insubordinate or
otherwise objectionable. Bidder shall be responsible to the
City for the acts and omissions of all employees working
under its directions.
22. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the Contract, the successful
Offeror shall not discriminate against any employee or
applicant for employment because of race, religion, color,
gender, national origin, sex, age, martial status, political
affiliation, familial status, sexual orientation, or disability if
qualified. The successful Offeror will take affirmative
action to ensure that employees are treated during
employment, without regard to their race, religion, color,
gender or national origin, or disability. Such actions must
include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination, rates of pay
or other forms of compensation; and selection of training,
including apprenticeship. The successful Offeror(s) shall
agree to post in conspicuous places, available to
employees and applicants for employment, notices to be
provided by the contracting officer setting forth the
provisions of this nondiscrimination clause. The
successful Offeror further agrees that he/she will ensure
that Subcontractors, if any, will be made aware of and will
comply with this clause.
23. TAXES
The City of Tamarac is exempt from all Federal, State, and
Local taxes. An exemption certificate will be provided where
applicable upon request.
24. OMISSION OF DETAILS
Omission of any essential details from these specifications
will not relieve the Bidder of supplying such product(s) as
specified.
25. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services
under this Agreement, comply with all federal, state, and
.............................................................................................................................................. 5
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local laws and regulations now in effect, or hereinafter
enacted during the term of this agreement that are
applicable to Contractor, its employees, agents, or
subcontractors, if any, with respect to the work and
services described herein.
Bidder shall obtain at Bidder's expense all necessary
insurance in such form and amount as required by the
City's Risk & Safety Officer before beginning work under
this Agreement. Bidder shall maintain such insurance in
full force and effect during the life of this Agreement.
Bidder shall provide to the City's Purchasing Division
certificates of all insurance required under this section
prior to beginning any work under this Agreement.
Bidder shall indemnify and save the City harmless from
any damage resulting to it for failure of either Bidder or
any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of
insurance coverage, which the Bidder agrees to
maintain during the term of this contract:
Line of Business/ Occurrence Aggregate
Coverage
Commercial $1,000,000 $1,000,000
General Liability
Including,
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000 $1,000,000
Statutory
Workers'
Compensation
& Employer's
Liability
Builder's Risk Insurance is required in an amount not
less than the replacement cost for the construction of
the work. Coverage shall be "All Risk" coverage for one
hundred (100%) of the completed value.
The City reserves the right to require higher limits
depending upon the scope of work under this
Agreement.
Neither Bidder nor any subcontractor shall commence
work under this contract until they have obtained all
insurance required under this section and have supplied
the City with evidence of such coverage in the form of
an insurance certificate and endorsement. The Bidder
will ensure that all subcontractors will comply with the
above guidelines and will maintain the necessary
coverage throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per
A.M. Best's Key Rating Guide and be licensed to do
business in Florida. Policies shall be "Occurrence" form.
Each carrier will give the City sixty (60) days notice prior
to cancellation.
The Bidder's liability insurance policies shall be
endorsed to add the City of Tamarac as an "additional
insured". The Bidder's Worker's Compensation carrier
Temporary Reso. No. 10974 — Exhibit I
o/ 7 cPP? ar3c F't�t"t;t%c�svng corm"; Contracts Division
will provide a Waiver of Subrogation to the City. The Bidder
shall be responsible for the payment of all deductibles and
self -insured retentions.
The City may require that the Bidder purchase a bond to
cover the full amount of the deductible or self -insured
retention. If the Bidder is to provide professional services
under this Agreement, the Bidder must provide the City with
evidence of Professional Liability insurance with, at a
minimum, a limit of $1,000,000 per occurrence and in the
aggregate. "Claims -Made" forms are acceptable for
Professional Liability insurance.
26. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of
Tamarac, its elected and appointed officials and employees
from any and all claims, suits, actions, damages, liability,
and expenses (including attorneys' fees) in connection with
loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused
by, resulting from, arising out of or occurring in connection
with the operations of the Bidder or his Subcontractors,
agents, officers, employees or independent contractors,
excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence
or willful misconduct of the City of Tamarac or its elected or
appointed officials and employees.
27. CLARIFICATION & ADDENDA
Where there appears to be variances or conflicts between
the General Terms and Conditions and the Special
Conditions and/or Detailed Specifications outlined in this
bid, the Special Conditions and/or the Detailed
Specifications shall prevail.
The Bidder shall examine all bid documents and shall judge
all matters relating to the adequacy and accuracy of such
documents. If, upon review, any material errors in
specifications are found, the Bidder shall contact the
Purchasing Office immediately. Any inquires, suggestions,
requests concerning clarification, or requests for additional
information shall be submitted in writing to the Purchasing
and Contracts Manager.
The City of Tamarac reserves the right to amend this bid
prior to the Bid opening date indicated by written addenda.
Written addenda shall serve as the sole means of
clarification. The City shall not be responsible for oral
interpretations given by any City employee or its
representative.
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Bidders may download the bid tabulation on-line at
http://www.tamarac.org/Dept/fin/purch/results.html. The City
does not notify unsuccessful Bidders of contract awards.
Pursuant to Florida Statute Chapter 119, Section 7(m),
sealed bids or proposals received by an agency pursuant to
invitations to bid or requests for proposals are exempt from
the provisions of subsection (1) and s. 24(a), Art. I of the
State Constitution until such time as the agency provides
notice of a decision or intended decision pursuant to F.S.
§120.57(3)(a), or within 10 days after bid/proposal opening,
whichever is earlier.
29. RECORDS/AUDITS
The Contractor shall maintain during the term of the
contract all books, reports and records in accordance with
generally accepted accounting practices and standards for
records directly related to this contract. The form of all
records and reports shall be subject to the approval of the
City's Auditor. The Contractor agrees to make available
to the City's Auditor, during normal business hours and
in Broward, Dade or Palm Beach Counties, all books of
account, reports and records relating to this contract for
the duration of the contract and retain them for a
minimum period of one (1) year beyond the last day or
the contract term.
30. UNBALANCED BIDS
When a unit price bid has variable or estimated
quantities, and the bid shows evidence of unbalanced
bid pricing, such bid may be rejected.
K�1L`It2_a0@J:9
Where a discrepancy between unit price and total
price is indicated on a Bidder's submitted Schedule of
Bid Prices or Price Proposal Form, the unit prices
shall prevail.
19
Temporary Reso. No. 10974 -- Exhibit 1
City of Tamarac .........:_....._.................................................. ........_ ....-..-..........-....... __........-.. — --=P`_rchai?;g andE Contracts Division
INVITATION TO BID
f=3i+7►Le]KIT-SWI
Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward
County, Florida, will be received in the Purchasing Office, 7525 NW $$th Avenue, Room 108,
Tamarac, Florida 33321-2401 until 4:00 p.m. local time on April 17, 2006 at which time bids will be
publicly opened and announced for the TREE REMOVAL. POST HURRICANE WILMA.
All bids received after the date and time stated above will be returned unopened to the Bidder. All
Bidders are invited to attend the opening.
Submit one (1) original document, marked "Original' on its exterior, prior to the bid opening
deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original.
Bids shall be submitted on the official Bid Forms furnished with this bid package; and those
submitted otherwise will not be considered responsive. The submittal should be plainly marked
"City of Tamarac, TREE REMOVAL POST HURRICANE WILMA" on the outside of the
envelope.
Bid Security: Not Applicable. There are no bonding requirements for this project. All references
in this bid to Bonding requirements are waived and not applicable.
There will not be a Pre -Bid Conference for this project. The work to be performed consists
furnishing all labor, materials, tools, and equipment necessary, as indicated in the specifications
herein, for tree cutting, stump grinding and proper disposition of approximately 451 trees. The City
reserves the right to accept or reject any or all bids, or any part of any bid, to waive any
informalities, and to award in the best interest of the City of Tamarac. Bid documents will be
available, no charge, in the Purchasing Office, Room 108 or can be downloaded at
www.tamarac.org/current solicitations. For non -technical inquiries, contact the Purchasing Office at
(954) 597-3570- For technical issues, direct questions in writing, to the Project Manager, Rodney
Sims at fax number (954) 597-3710, or via email to rodneys@tamarac.org. Be sure to include the
Project Name and Bid Number on all correspondence.
James S. Nicotra, CPPB
Senior Procurement Specialist
Publish Sun Sentinel: Sunday, March 26 and Sunday April 2, 2006
Temporary Reso. No. 10974 — Exh.ibit I
of I amar-ic PUrchisiPg and L.C.'nti-e"cls r.Vvi ion
TABLE OF CONTENTS
Bid 06-12B
General Terms and Conditions ............................
Technical Specifications, as contained herein on
Drawings, Location Map ................................
Instructions to Bidders... .................................... _
Special Conditions ...............................................
Special Provisions ...............................................
Bid Covers heet Checklist ....................................
Bid Form and Schedule of Bid Prices ...............
Non -Collusive Affidavit ........................................
Certification.........................................................
Bidder's Qualification Statement .........................
References..........................................................
Vendor Drug -Free Workplace ..............................
List of Subcontractors.. ........................................
Certified Resolution .............................................
2-6 - 6
the Bid Form & Bid Schedule...............9
...... ....................... I........................ 10
.............................................................12
.............................................................18
................................................... 40
..................................SCH-1 — SCH-5
...... ............... ............. I.................... 41
............................................................. 43
............................................................. 44
.......................................................... 45
............................................................. 46
............................................................. 47
............................................................. 48
Applicationfor Payment..................................................................................................... 50
ChangeOrder.................................................................................................................... 51
Final Release of Lien by Contractor....................................................................I.......I..... 52
Sample Form of Agreement......................................................................................... 54-62
a
Div of Temalar'-i,^
Temporary Reso. No. 10974 — Exhibit 1
PuTcPra.s l;g :inrl Contracts D /.ision
TECHNICAL SPECIFICATIONS
SECTION TECHNICAL SPECIFICATIONS
As specified on the included Bid Schedule SCH-1 and Bid Form SCH-2
SHEET DRAWING TITLE
1 Location Map City of Tamarac, Standing Hazardous Tree Map
"All locations are for informational purposes only,
and must be field verified.
50 Worksheets FEMA Standing Tree Hazardous Worksheets 2/21/06 thru 3/2/06
Temporary Reso. No. 10974 — .Exhibit 1
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INSTRUCTIONS TO BIDDERS
BID NO. 06-12B
TREE REMOVAL POST HURRICANE WILMA
It is the intent of the City to award this bid to the lowest responsible and responsive bidder.
The City reserves the right to accept or reject any or all bids and to waive any informality
concerning the bids when such rejection or waiver is deemed to be in the best interest of
the City.
DESCRIPTION OF WORK
Bids are hereby requested from qualified Contractors for the removal of approximately 451
trees damaged as a result of Hurricane Wilma. 305 are in Public Right of Way, 41 are at
the Public Service Complex, City Hall Complex and 105 are in City Parks. Project includes
tree cutting, proper removal/disposal, and stump grinding. A Location Map is included in
this Bid Package. 'It is for informational purposes only and it is the responsibility of the
Bidder to field verify said information.
To be eligible for award of this project, the Contractor must possess at time of bid opening,
one of the following State Certified and/or County Competency licenses;
County: Tree Trimming License
or
State: Tree Trimming Equivalency License
Occupational license must be in effect as required by Florida Statute §205.065.
B. LIQUIDATED DAMAGES
Upon failure of the Contractor to complete each individual requirement within the specified
and mutually agreed upon time frame (plus approved extensions, if any) the Contractor
shall pay to the City the sum of fifty dollars ($50.00) for each calendar day after the time
specified for completion and readiness for final payment. This amount is not a penalty but
liquated damages to the City. Liquidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by the City as a consequence of such delay, and both
parties desiring to obviate any question of dispute concerning the amount of said damages
and the cost and effect of the failure of the Contractor to complete the Contract on time.
City shall have the right to deduct from and retain out moneys which may be due or which
may become due and payable to Contractor. The amount of such liquidated damages and
if the amount retained by City is insufficient to pay in full such liquidated damages,
Contractor shall pay in full such liquidated damages. Contractor shall also be responsible
for reimbursing City the total of all monies paid by the City to the engineer for additional
engineering, inspection and administrative services until the work is complete.
10
Temporary Reso. No. 10974 — Exhibit 1
C. CONTACT INFORMATION
For technical inquiries, contact the Project Manager, Rodney Sims, Public Works
Department, at (954) 597-3731. For non -technical inquiries, contact the Purchasing Office
at (954) 597-3570.
Balance of this page intentional left blank
Temporary Reso. No. 10974 — Exhibit 1.
of Tarr?arnr Purchasing and Can rac,is Diwsioo
SPECIAL CONDITIONS
119IIISf►a 3
TREE REMOVAL POST HURRICANE WILMA
i� 3I�Iri�1:,1.7�1iLr!'1
Does not apply for this Project.
2. ASSIGNMENT OF CONTRACT
Neither this contract, nor any portion thereof, shall be assigned, except by formal approval
of the City Commission. No such approval will be construed as making the City a part of or
to such assignment, or subjecting the City to liability of any kind to any assignee. No
subcontract or assignment shall, under any circumstances, relieve the Contractor of his
liability and obligation under this contract, and despite any such assignment, the City shall
deal through the Contractor only. However, if the company is sold during the life of the
contract, the buying agent must provide the City with a letter signed by an officer of the
new owner that can legally bind the company, stating that they will continue to perform the
requirements of the contract under all the terms, conditions, and specifications so stated in
the contract.
3. CONTRACTOR'S RESPONSIBILITY
Contractor shall provide sufficient manpower so as to perform work safely and
expeditiously with all equipment plainly marked with the company name. All equipment
provided pursuant to this agreement shall be in good and proper working order.
No work shall be performed before 8:00 AM. Working hours in the roadways is 9:00 am to
4:00pm. 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.
The Contractor shall be responsible throughout the entire project for their own
Maintenance of Traffic (MOT) while working in the Public Right -of -Way (ROW).
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.
12
Temporary Reso. No. 10974 — Exhibit I
fib ??'r)ciC�G' Pun,,hrisin j:,tnd 7n,ir`r':;C,SDMsiot?
4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities,
irrigation systems, windows, and vehicles on or around the job site. Damage to public
and/or private property shall be the responsibility of the Contractor and shall be repaired
and/or replaced in equal or better condition at no additional cost to the City. The Contractor
shall use all means to protect existing objects, structures and vegetation designated to
remain. In the event of damage, immediately make all repairs, replacements and dressings
to damaged materials, to the approval of the City, at no additional cost to the City. In the
event of damage to public and/or private property, the Contractor shall immediately contact
the City's Public Works Department by telephone at (954) 597-3700 and inform the
appropriate staff member about the location and extent of the damages.
5. PERMITS AND LICENSES
The Contractor shall be responsible for securing all City permits. However, all City permit
fees are waived. The Contractor shall submit copies of all permits required for this work.
The Contractor shall be responsible to secure the necessary construction permits from
other agencies as may be required by those agencies. Cost of any required permits from
agencies other than the City, will be reimbursed by City without markup, for properly
submitted invoices.
6. SITE INSPECTION — CITY
All work will be conducted under the general direction of the Public Works Department,
and Building Department of the City of Tamarac, and is subject to inspection by the
appointed inspectors to ensure compliance with the terms of the contract. No inspector is
authorized to change any provision of the specifications without written authorization from
the aforementioned agencies nor shall the presence or absence of an inspector relieve the
Contractor from any requirements of the contract.
Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00
PM) must be inspected. If any work is done outside of normal working hours, the City
inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a
City contract/consultant inspector is used, the Contractor will compensate that inspector at
the same cost as the City's cost. In addition, the City inspector must be onsite at least one
(1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the
City inspector will be compensated at the above provision.
7. SUBMITTALS
Contractor shall submit all required forms and documents as required by this contract
including but not limited to bonds, insurance certificates and any required drawings within
15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or
permits within 15 days of the Notice to Proceed.
8. WAIVER OF LIENS
Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or Contractors who worked on the project that is subject of
the Agreement. Payment of the invoice and acceptance of such payment by the Contractor
Temporary Reso. No. 10974 — Exh.ibit 1
of Tamarac Pur'chL: sing and . Ontrodls D As os'i
shall release the CITY from all claims of liability to the Contractor in connection with the
Agreement.
9. DELIVERY
All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All
delivery costs and charges must be included in the bid price. Project substantial
completion shall be within 56 calendar days from Contractor's receipt of City's Notice to
Proceed. Final completion shall be 5 calendar days from date of substantial completion.
10. PAYMENT
Payment will be made monthly for work that has been completed, inspected and properly
invoiced. A retainage of 10% will be deducted from monthly payment up to 50% of project
completion followed by 5% thereafter. Retainage monies will be released upon satisfactory
completion and final inspection of the specific work order. Invoices must bear the project
name, project number, bid number and purchase order number. The City has up to thirty
(30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice
the City and provide a written request to the City to commence the one-year warranty
period. All necessary Release of Liens and Affidavits shall be processed before the
warranty period.
11. CONTRACT DOCUMENTS
The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal
executed and submitted by the Contractor, plans and specifications (where applicable),
any addenda or change orders, bond(s), insurance certificate(s), and the City's Resolution
awarding the bid.
12. CHANGE ORDERS
Without invalidating the contract, without any monetary compensation, and without notice
to any surety, the City reserves and shall have the right to make increases, decreases or
other changes to the work as may be considered necessary or desirable to complete the
proposed construction in a satisfactory manner. The Contractor shall not start work
pursuant to the change order until a change order setting forth the adjustments is
approved by the City, and executed by the City and Contractor. Once the change order is
so approved, the Contractor shall promptly proceed with the work.
fik�@3:/_1ZEel =92I`111:1*,do7:I:09161Z111:L[4&d;J0Eel 0
13.1 CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the Contractor
shall be at his expense without change in the Contract Price or Time except as
approved in writing by the Engineer/Project Manager.
Temporary Reso. No. 10974 — Exhibit 1
of Tamaracm� w � � f idt"CFF.:3 rr1� a,)rf Crn r,.(.,ts !Div,sior,
13.2 CHANGE ORDER
The Contract Price and/or Time may only be changed by a Change Order.
A fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price shall be
based on written notice delivered by the party making the claim to the other party
promptly (but in no event later than 15 days) after the occurrence of the event giving
rise to the claim and stating the general nature of the claim. The amount of the
claim with supporting data shall be delivered (unless the Owner/Engineer allows an
additional period of time to ascertain more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that the amount claimed
covers all known amounts to which the claimant is entitled as a result of the
occurrence of said event. No claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this Paragraph.
14. CHANGES IN CONTRACT TIME
14.1 CHANGE ORDER
The Contract Time may only be changed by a Change Order. A fully executed
change order must exist prior to extension of the contract time.
14.2 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.
14.3 Basis for Extension
Extensions of time shall be considered and will be based solely upon the effect of
delays to the work as a whole. Extensions of time shall not be granted for delays to
the work, unless the Contractor can clearly demonstrate that such delays did or will,
in fact, delay the progress of work as a whole. Time extensions shall not be allowed
for delays to parts of the work that are not on the critical path of the project
schedule. Time extensions shall not be granted until all float or contingency time, at
the time of delay, available to absorb specific delays and associated impacts is
used.
15. CITY'S OPTION
In the event satisfactory adjustment cannot be reached by the City and the Contractor for
any item requiring a change in the contract, and a change order has not been issued, the
City reserves the right at its sole option to terminate the contract as it applies to these
items in question and make such arrangements as the City deems necessary to complete
the work. The cost of any work covered by a change order for an increase or decrease in
the contract price shall be determined by mutual acceptance of a lump sum by the City and
Contractor. If notice of any change in the contract or contract time is required to be given
to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's
15
Temporary Reso. No. 10974 -- Exhibit 1
of i alnarac F.1I'C}3cisjn,g carO Dont7 arils Deis! -,,r,
responsibility, and the amount of each applicable bond shall be adjusted accordingly. The
Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to
obtain such approval from the Surety may be a basis for termination of this Contract by the
CITY.
16. BONDS
The Contractor shall furnish separate Performance and Payment Bonds in the amount of
100% of the total bid award amount as security for the faithful project performance and
payment of all of the Contractor's obligations under the contract documents, per City Code
Section 10-156. At the completion and formal approval and acceptance of all work
associated with the project, a one year warranty period will begin. If the surety on any bond
furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do
business is terminated in Florida, the Contractor shall, within seven (7) days thereafter,
substitute another bond meeting the requirements outlined above, which must also be
acceptable to the City.
17. PERFORMANCE, PAYMENT AND WARRANTY BONDS
Within fifteen (15) calendar days after the contract award, but in any event prior to
commencing work, the Successful Bidder shall execute and furnish the CITY a
Performance Bond and Payment Bond, each written by a corporate surety, having a
resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years. The surety shall hold a current
certificate of authority from the Secretary of Treasury of the United States as an
acceptable surety on federal bonds in accordance with United States Department of
Treasury Circular No. 570. The Contractor shall be required to provide acceptable,
separate Performance and Payment Bonds in the amount of 100% of the bid award. The
Performance Bond shall be conditioned that the Successful Bidder performs the contract in
the time and manner prescribed in the contract. The Payment Bond shall be conditioned
that the Successful Bidder promptly make payments to all persons who supply the
Successful Bidder in the prosecution of the work provided for in the contract and shall
provide that the surety shall pay the same in the amount not exceeding the sum provided
in such bonds, together with interest at the maximum rate allowed by law and that they
shall indemnify and save harmless the CITY to the extent of any and all payments in
connection with the carrying out of said contract which the CITY may be required to make
under the law. Payment and Performance Bonds must be submitted on City forms,
included herein.
Such bands shall continue in effect for one (1) year after final payment becomes due
except as otherwise provided by law or regulation or by the Contract Documents with the
final sum of said bonds reduced after final payment to an amount equal to twenty five
percent (25%) of the Contract price, or an additional bond shall be conditioned that the
Successful Bidder correct any defective of faulty work or material which appear within one
(1) year after final completion of the Contract, upon notification by CITY. The Warranty
Bond shall cover the cost of labor as well as materials.
Temporary Reso. No. 10974 — Exhibit 1
of .,._....�..._..._._ .__......_.�...... ,.. Pfv,ctnsmg zind Contracts DiyisiOn
18. LOCATION OF EXISTING UTILITIES
Existing utilities may be shown on the drawings. Such information is shown for design
purposes and the existing and detail given is information that is obtained during the design
period and is not necessarily complete, correct or current. Prior to commencement of
construction, the Contractor is responsible for locating existing city utilities affected by the
construction in the field. Such utilities include but are not limited to water mains, force
mains, gravity sewers, pump stations, storm sewers and drain systems. The City will
provide to the Contractor available construction drawings for locating existing city utilities.
However, the City cannot guarantee the accuracy of drawings or any information related to
existing utilities and the City will not assume responsibility or liability for damage resulting
from the Contractor incorrectly locating existing utilities.
Damage to any of the City's utilities incorrectly located by the Contractor or his agents
shall be the responsibility of the Contractor and shall be repaired and or replaced to equal
or better condition at the Contractor's expense.
The Contractor shall also be liable for all damages and claims against or by the City arising
in any way from damage or interference with such utilities.
No additional compensation shall be allowed to the Contractor for any delays,
inconvenience or damage sustained by him due to interference and/or incorrectly locating
such utilities or appurtenances.
Numerous utilities not owned by the City exist within the project area that may or may not
have been depicted on the drawings. The Contractor shall exercise care in digging and
other work so as to not damage existing utilities including overhead utilities and
underground cables and pipes. The Contractor is also responsible for contacting the
Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine
location of underground utilities. Calls to Sunshine must be made at least 48 hours before
digging but not more than five (5) days prior. Contractor is responsible for renewing
locates if job extends beyond marking period established by Sunshine. Any utility in the
vicinity that is not a member of the Sunshine Service must be notified directly.
Should any underground obstructions be encountered which interfere with the work, the
City shall be notified at once. The Contractor shall be responsible for the immediate repair
of any damage caused by the work, and shall be responsible for any disruption of service
caused by this damage.
19. CONFLICT WITH EXISTING UTILITIES
Upon completion of locating existing utilities affected by the proposed construction by the
Contractor, and prior to commencement of construction, the Contractor shall examine the
alignment of proposed work to be constructed and identify any conflicts with existing
utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to
determine elevations of utilities and shall notify the Engineer/Project Manager in writing
seven (7) working days prior to the scheduled construction. The Engineer/Project Manager
may revise the proposed design or recommend ways and means to avoid such conflicts.
The Contractor may re -schedule his work so that the construction can be completed on
time. No claim for down times by the Contractor shall be allowed.
17
Temporary Reso. No. 10974 — Exhibit 1
0( eel' C"ontaic-ts Division
SPECIAL PROVISIONS
TREE REMOVAL POST HURRICANE WILMA
The City of Tamarac is hereby requesting Bids, from qualified Contractors, for cutting,
stump grinding and proper disposal of vegetative debris and excess mulch for 451 trees, of
which approximately 305 are in the public right of way, 41 are at the Public Service
Complex/City Hall Complex and 105 are in City Parks. Each tree has been identified in the
field with a designated mark. Each tree will be cut as close to flush to the ground (a
minimum of within 6" of ground elevation) as possible. Stump grinding to a depth of 12"
below surface elevation of all stumps (grinding of stumps located in parks must be done
within 48hrs of cutting tree). Void created by stump grinding to be filled with mulch level
with surrounding ground elevation. Vegetative debris generated by cutting of trees and
excess mulch created by stump grinding shall be taken away and disposed of by
Contractor in accordance with all current Federal, State, County, City and Local Codes.
Wherever used in the Agreement or in other Contract Documents, the following terms have
the meanings indicated, which are applicable to both the singular and plural of each:
2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids
which clarify, correct, or change the bidding requirements or the contract
document.
2.2 Agreement — The written agreement between the City and the Contractor
covering the Work to be performed including other Contract Documents that
are attached to the Agreement and made a part thereof.
2.3 Application for Payment — the form acceptable to the Engineer/Project
Manager which is used by the Contractor during the course of the work in
requesting progress or final payments and which is accompanied by such
supporting documentation as is required by the Contract Documents.
2.4 Change Order — A document that is signed by the Contractor and the City
and authorizes an addition, deletion or revision in the Work within the general
scope of this Agreement, or an adjustment in the Contract Price or the
Contract Time, issued on or after the Effective Date of the Agreement.
2.5 City — The City of Tamarac, Florida. Also referred to as Owner.
2.6 Contract Documents — The contract documents consist of this Agreement,
conditions of the contract (General, Supplementary and other Conditions),
drawings, specifications of Bid No. 06-12B, all addenda issued prior to, all
modifications issued after execution of this Agreement, Notice of Award,
Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional
modifications and supplements, Change Orders and Work directive changes
issued on or after the effective date of the Contract. These contract
Temporary Reso. No. 10974 --- Exhibit 1
documents form the Agreement, and all are as fully a part of the Agreement if
attached to this Agreement or repeated therein.
2.7 Contract Times — the number of consecutive calendar days stated in the
Contract Documents to achieve substantial completion and/or complete the
Work so that it is ready for final payment as evidenced by the
Engineer/Project Managers written recommendation of final payment.
2.8 Defective -- An adjective which when modifying the Work refers to Work that
is unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference
standard, test or approval referred to in the Contract Documents, or has been
damaged prior to final payment.
2.9 Drawings — The drawings that show the character and scope of the Work to
be performed and which are referred to in the Contract Documents.
2.10 Effective Date of the Agreement — The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the date
on which the Agreement is signed and delivered by the last of the two parties
to sign and deliver.
2.11 Engineer/Project Manager — The City's authorized project representative.
The words "Engineer" and "Engineer/Project Manager" are used
interchangeably.
2.12 Field Order — A written order issued by the Engineer/Project Manager that
requires minor changes in the Work but does not involve a change in
Contract Price or Contract Time.
2.13 FDOT — the State of Florida Department of Transportation
2.14 Milestone — A principal event specified in the Contract Documents relating to
an intermediate complete date or time prior to Substantial Completion of all
the Work.
2.15 Notice to Proceed — A written notice given by the City to the Contractor
fixing the date on which the Contract Time will commence to run and on
which the Contractor shall start to perform the Contractor's obligations under
the Contract Documents.
2.16 Project — the total construction for which the Contractor is responsible under
this agreement, including all labor, materials, equipment and transportation
used or incorporated in such construction.
2.17 Specifications — Those portions of the Contract Documents consisting of
written technical descriptions of materials, equipment, construction systems,
standards and Workmanship as applied to the Work and certain
administrative details applicable thereto.
2.18 Subcontractor — An individual, firm or corporation having a direct Contract
with the Contractor or with any other Subcontractor for the performance of a
part of the Work at the site.
2.19 Substantial Completion — "Substantial Completion" means the finishing or
accomplishing of substantial performance of the Work as proscribed in the
Contract Documents. "Substantial Performance" means that there has been
no willful departure from the terms of the Contract Documents and the Work
19
Temporary Reso. No. 10974 --- Exhibit 1
City of Tarnarnc Purci,awi g ,4n Contracts Division
has been honestly and faithfully performed in its material and substantial
particulars. The term "Final Completion" means the City's acceptance of the
job.
2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or
vendor.
2.21 Unit Price Work — Work to be paid for on the basis of unit prices.
2.22 Work — The entire completed construction or the various separately
identifiable parts thereof required to be provided under the Contract
Documents. Work is the result of performing services, specifically, including
but not limited to construction, furnishing labor, testing, documentation,
equipment and materials used or incorporated in the construction of the
entire Contract Documents. The words "Project" and "Work" are used
interchangeably.
2.23 Work Change Directive -- A written directive to the Contractor issued on or
after the effective date of the Agreement and signed by the City and
recommended by the Engineer/Project Manager ordering an addition,
deletion or revision in the Work. A Work Change Directive shall not change
the Contract price or time, but is evidence that the parties expect that the
change directed or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following negotiations
by the parties as to its effect, if any, on the Contract Price or Contract Time.
2.24 Written Amendment — A written amendment of the Contract Documents,
signed by the CITY and the Contractor on or after the Effective Date of the
Agreement and normally dealing with the non -Engineering, or non -technical
aspects rather than strictly Work related aspects of the Contract Documents.
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:
The Technical Specifications
2, The Contract Drawings
3. The Special Provisions
4. Special Conditions
5. The Instructions to Bidders and General Terms and Conditions
6. The Sample Agreement
As between schedules and information given on Drawings, the schedules shall govern; as
between figures given on Drawings and the scale measurements, the figures shall govern;
as between large-scale drawings and small-scale drawings, the larger scale drawings shall
govern.
20
Temporary Reso. No. ].0974 — Exhibit 1
a
i.: iF of ?Wcitnangc t"�urchcising anc"f t`�'.t)T7iracts Dvisd.an
4. INTENT
It is the intent of the Contract Documents to describe a functionally complete Project in
accordance with the Plans and Specifications. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the
intended result will be supplied whether or not specifically called for. When words that
have a well-known technical or trade meaning are used to describe Work, materials or
equipment such words shall be interpreted in accordance with that meaning. Reference to
standard specifications, manuals or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether such
reference be specific or by implications, shall mean the latest standard specification,
manual, code or laws or regulations in effect at the time of contract award, except as may
be otherwise specifically stated. However, no provision of any referenced standard
specification, manual or code (whether or not specifically incorporated by reference in the
Contract Documents) shall be effective to change the duties and responsibilities of the
City, the Contractor, or any of their consultants, agents or employees from those set forth
in the Contract Documents.
5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS
In addition, the requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Work may be authorized in one or more of the following
Ways:
5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or
5.2 The Engineer/Project Manager's written interpretation or clarification.
6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY
6.1 The Contractor shall provide sufficient manpower so as to perform work
safely and expeditiously with all equipment plainly marked with the company
name. All equipment provided pursuant to this agreement shall be in good
and proper working order.
6.2 The Contractor shall provide a qualified, English speaking, superintendent
present on the site at all times. The superintendent shall be a fully authorized
agent of the Contractor, and have full authority to make on -site decisions and
commitments regarding the Contractors Work.
5.3 The superintendent shall be satisfactory to the City and shall not be changed
except with consent of the Engineer/Project Manager.
6.4 The Contractor shall assign to the work site at least one (1) supervisor at all
time capable of making field decisions, interpreting plans, etc. The Contractor
shall also provide suitable personnel who shall be available after work hour
emergencies and capable of making appropriate decisions. The Contractor
shall supply competent and physically capable employees having the
requisite skill and experience to perform the work in a workmanlike manner.
The City may require the Contractor to remove any employee working for or
under the Contractor that the City deems careless, incompetent,
insubordinate or otherwise objectionable. The Contractor shall be
responsible to the City for the acts and omissions of all subcontractors and
personnel working under the Contractor.
Temporary Reso. No. 10974 --- Exhibit 1.
City of T ainc4r�c Purchasing ;d (.'ontracts Dvisi �
6.5 The Contractor shall be aware that the job may be subject to vehicular and
pedestrian traffic at all times of the day and night.
6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the
responsibility of the Contractor. Any material left on site overnight shall be
properly marked and identified in order to ensure public safety.
6.7 The Contractor is responsible for familiarizing itself with the nature and extent
of the Contract Documents, the Work, the locality, and with all local
conditions, verifying all pertinent figures and applicable field measurements,
and federal, state, and local laws, ordinances, rules and regulations that in
any manner may affect cost, progress, or performance of the Work. The
Contractor is responsible for making or causing to be made any
examinations, investigations, tests and studies as it deems necessary for the
performance of the Work at the Contract Price, within the Contract Time, and
in accordance with other terms and conditions of the Contract Document.
6.8 Before beginning the Work or undertaking each component part of the Work,
The Contractor shall carefully study the Contract Documents, Special
Conditions, Technical Specification, all pertinent figures and site conditions.
The Contractor shall promptly report in writing to the Engineer/Project
Manager and the City any conflict, error or discrepancy which the Contractor
may discover and shall obtain a written interpretation or clarification from the
Engineer/Project Manager before proceeding with any Work affected
thereby.
6.9 Unless otherwise provided in the Contract Documents, the Contractor shall
provide or cause to be provided and shall pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation and other facilities and services necessary for proper
execution and completion of the work, whether temporary or permanent and
whether or not incorporated or to be incorporated in the Work.
6.10 The Contractor shall be responsible for and shall coordinate all construction
means, methods, techniques, sequences and procedures.
6.11 The Contractor shall keep the City and the Engineer/Project Manager
informed of the progress and quality of the Work.
6.12 If requested in writing by the Contractor, the City, with reasonable
promptness and in accordance with time limits agreed upon, shall interpret
the requirements of the Contract Documents and shall decide (subject to
other provisions in the Contract Documents governing claims, disputes and
other matters in question) matters relating to performance. Such
interpretations and decisions shall be in writing.
6.13 The Contractor shall correct all Work, which does not conform to the Contract
Documents.
6.14 The Contractor warrants to the City that materials and equipment
incorporated in the work will be new unless otherwise specified, and that the
Work will be of good quality, free from faults and defects, and in conformance
with the Contract Documents.
6.15 The Contractor shall pay all applicable sales, consumer, use and similar
taxes, and shall secure and pay for permits and governmental fees, licenses
r�..._ �L..-...............,..... _............ ...,.-...._.,.._._..,..,-..r�......_...._....................
..........._..._......
Temporary Reso. No. 10974 — Exhibit 1
City of ? a?narac �'�.�r� h33in !7e� CorUl-,90s r�iviSior7
__.._....:.._..........._..._..... ...............------ - _._..__....... _.._......_._.---......_..__ F w...__ ..-.....--- -- -- _ .__............._............._...................- .._...._.......... _.... _......
and inspections necessary for the proper execution and completion of the
Work. The Contractor shall identify all governmental authorities and
agencies having jurisdiction to approve the construction, and obtain all
permits and approvals with such governmental authorities as have
jurisdiction, and assist the City in consultations with appropriate
governmental authorities and agencies in obtaining all permits and
approvals.
6.16 Without limiting the foregoing, the Contractor shall pay all fees, costs, and
expenses in connection with the applications, processing, and securing of
approvals or permits, not previously obtained by the owner or its agent,
from all governmental authorities which have jurisdiction over all aspects of
this Work except City permits and fees which shall be waived except for so
much of said fees as the City is required to remit to other governmental
agencies.
6.17 The Contractor shall give notices and comply with laws, ordinances, rules,
regulations and lawful orders of public authorities relating to the Project.
6.18 The Contractor shall be responsible to the City for acts and omissions of the
Contractor's employees and parties in privity of contract with the Contractor
to perform any portion of the Work, including their agents and employees.
6.19 The Engineer/Project Manager shall prepare Change Orders for the City's
approval and execution in accordance with the Contract. Documents. Any
work, which is commenced without a Change Order or Work Directive being
approved, shall constitute a waiver of any claim of compensation for such
work. All Change Orders must be approved by the City Manager or designee
identified as such in writing.
6.20 The Contractor shall maintain in good order when present at the site one
record copy of the drawings, specifications, product data, samples, shop
drawings, Change Orders and other Modifications marked currently to record
changes made during construction. These shall be delivered to the City
upon completion of the construction and prior to final payment.
6.21 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed
as a result of any work within the scope of this contract to all applicable
codes and City standards.
7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT
7.1 The Contractor shall be familiar with the total scope of the project prior to
commencement of any work. In case of any questions or conflict, they must
be brought to the attention of the Engineer/Project Manager prior to any
work. If further assistance is needed, the Contractor may contact the
Director of Public Works. The City shall not be responsible for the
Contractor's failure to comply with this requirement.
7.2 The Contractor shall be responsible for repair and restoration of all utilities or
any other items damaged during the Work.
Temporary Reso. No. 10974 -- Exhibit l
GT Traingf is PU?"C:�ia; /03, w7d �%(Sntr',�C*S oivi i f'?
................._._.............._..._.._...__........................................_.... ... - --.........._...-----................_...._ ` - - ---... - .._._.._._........
7.3 By execution of the Agreement, The Contractor acknowledges that all
requirements and conditions necessary to fulfill this Contract have been met.
No contract adjustments shall be allowed for concealed site conditions.
8. SHOP DRAWINGS AND SAMPLES
8.1 The Contractor shall submit to The Engineer/Project Manager for review and
approval eight (8) copies of all Shop Drawings for all equipment, apparatus,
machinery, fixtures, piping, wiring, fabricated structures and manufactured
articles. The purpose of the Shop Drawing is to show the suitability,
efficiency, technique -of -manufacture, installation requirements, detail of the
item and evidence of compliance with the Contract Documents. The data
shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials and similar
data to enable the Engineer/Project Manager to review the information as
required.
8.2 The Contractor shall also submit to the Engineer/Project Manager for review
and approval with such promptness as to cause no delay in Work, all
samples required by the Contract Documents and each sample shall be
identified clearly as to material, Supplier, pertinent data such as catalog
numbers and the use for which intended.
8.3 Before submission of each Shop Drawing or sample, the Contractor shall
have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto and reviewed or coordinated each Shop
Drawing or sample with other Shop Drawings and samples and with the
requirements of the Work and the Contract Documents,
8.4 At the time of each submission, the Contractor shall give the
Engineer/Project Manager specific written notice of each variation that the
Shop Drawings or samples may have from the requirements of the Contract
Documents, and, in addition, shall cause a specific notation to be made on
each Shop Drawing submitted to the Engineer/Project Manager for review
and approval of each such variation. Failure to point out such departures
shall not relieve the Contractor from his responsibility to comply with the
Contract Documents.
8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be
general and shall not relieve the Contractor of responsibility for the accuracy
of such drawings nor for the proper fittings and construction of the Work, nor
for the furnishing of material or Work required by the Contract Documents
and not indicated on the drawings. No Work called for by any Shop Drawing
shall be done until the Engineer/Project Manager has approved the drawings.
The costs incurred for the City Engineer/Project Manager's review of shop
drawings, substitutes, "or equal" items, or change orders shall be paid by the
Contractor.
24
Temporary Reso. No. 10974 — Exhibit 1
Chy of Tan?,vr4c rurchasi;r, arise; c:ontr�(;t5 Division
9. SUBCONTRACTORS, SUPPLIERS AND OTHERS
9.1 The Contractor shall furnish, in writing on the form included, the names of
persons or entities (including those who are to furnish materials or equipment
fabricated to a special design) proposed for each principal portion of the
Work. The Contractor shall not change a Subcontractor, person or entity
previously selected if the City makes reasonable objection to such change.
9.2 The Contractor shall be fully responsible to the City for all acts and omissions
of the Contractor's employees, subcontractors, suppliers and other persons
directly or indirectly employed by his subcontractors, suppliers and of
persons whose acts any of them may be liable and any other persons and
organizations performing or furnishing of the Work under a direct or indirect
contract with the Contractor. Nothing in the Contract Documents shall create
any Contractual relationship between the City and any such subcontractor,
supplier, or other person or organization, nor shall it create any obligation on
the part of the City to pay or to see to the payment of any moneys due any
such subcontractor, supplier, or other person or organization except as may
otherwise be required by laws and regulations.
10. CITY'S RESPONSIBILITIES
10.1 The City shall designate a representative authorized to act on the City's
behalf with respect to the Project. The City or such authorized representative
shall examine documents submitted by the Contractor and shall promptly
render decisions pertaining thereto to avoid delay in the orderly progress of
the Work.
10.2 The City may appoint an on -site Project representative to observe the Work
and to have such other responsibilities as the City and the Contractor agree
in writing prior to execution of this Agreement.
10.3 The City shall cooperate with the Contractor in securing building and other
permits, licenses and inspections.
10.4 If the City observes or otherwise becomes aware of a fault or defect in the
Work or nonconformity with the Contract Documents, the City shall give
prompt written notice thereof to the Contractor.
10.5 The City shall furnish required information and services and shall promptly
render decisions pertaining thereto to avoid delay in the orderly progress of
the design and construction.
10.6 The City shall communicate with subcontractors only through the Contractor.
25
Temporary Reso. No. 10974 — Exhibit 1
......... �,,.__... ....._----- ------ .
10.7 The City shall furnish data required of the City under the Contract Documents
promptly.
10.8 If the Work is defective, or the Contractor fails to supply sufficient skilled
Workers or suitable materials or equipment, or fails to furnish or perform the
Work in such a way that the completed Work will conform to the Contract
Documents, the City may order the Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however,
this right of the City to stop the Work shall not give rise to any duty on the
part of the City to exercise this right for the benefit of the Contractor or any
other party.
11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES
11.1 The Engineer/Project Manager or his designee will be the City's
representative during the construction period and until final payment is made.
11.2 The Engineer/Project Manager will make visits to the site at intervals
appropriate to the various stages of construction to observe the progress and
quality of the executed Work and to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. The
Engineer/Project Manager's efforts will be directed toward providing for the
City a greater degree of confidence that the completed Work will conform to
the Contract Documents. On the basis of such visits and on -site inspections,
the Engineer/Project Manager shall keep the City informed of the progress of
the Work and shall endeavor to guard the City against defects and
deficiencies in the Work.
11.3 The Engineer/Project Manager will issue technical clarifications and
interpretations, with reasonable promptness. Should the Contractor fail to
request interpretation of items the Contractor determines to be questionable
in the Contract Documents neither the City nor the Engineer/Project Manager
would thereafter entertain any excuse for failure to execute the Work in a
satisfactory manner based upon such a reason or claim.
11.4 The Engineer/Project Manager may authorize minor variations in the Work
from the technical requirements of the Contract Documents, which do not
involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These shall be
accomplished by a Field Order and will be binding on the City, and also on
the Contractor who shall perform the Work involved promptly.
11.5 The Engineer/Project Manager will have the authority to disapprove or reject
Work that the Engineer/Project Manager believes to be defective, and will
also have authority to require special inspections or testing of the Work
whether or not the Work is fabricated, installed or completed.
Temporary Reso. No. 10974 — Exhibit 1
City cf T aina. aC ......... -
12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL
City will make every effort to provide suitable areas within or near the project site.
Restoration of all storage areas shall be Contractor's responsibility.
13. CLEANUP AND RESTORATION
13.1 During and after completion of all work, the Contractor shall be responsible
for all cleanup including but not limited to sweeping, cleaning and removal of
loose material. Leftover or excessive material, debris, etc. must be
completely removed from the work area and other affected areas at no
expense to the City at the end of work. It shall be the Contractor's
responsibility to protect any debris from obstructing or getting into any
wastewater, water or stormwater conveyance system. If any grassed area is
disturbed, it shall be promptly restored at the Contractor's expense.
13.2 Cleanup shall be performed on a routine basis in order to facilitate the
maintenance of all work areas. Any damage to public or private property
resulting from improper or incomplete cleanup shall be the sole responsibility
of the Contractor as per Section 14, Damage To Public And/Or Private
Property.
13.3 The Contractor shall be responsible for the proper and legal removal and
disposal of all construction debris.
13.4 The project site shall be maintained in a neat and clean manner, and upon
final cleanup, the project site shall be left clear of all surplus material and
debris. Paved areas shall be swept clean.
13.5 If the Contractor fails to properly maintain the site or perform required clean-
ups and debris removal the City shall place the Contractor on written notice
to perform required clean up. Contractor shall perform required clean up
within twenty-four (24) hours of receipt of the City's written notice.
13.6 In the event that the Contractor does not comply, the City may correct such
deficiencies. In such case, an appropriate Change Order shall be issued
deducting from payments then or thereafter due the Contractor costs of
correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover the amount of the deduction, the
Contractor shall pay the difference to the City.
14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities,
utilities, irrigation systems, windows, and vehicles on or around the job site.
Damage to public and/or private property shall be the responsibility of the
Contractor and shall be repaired and/or replaced in equal or better condition
at no additional cost to the City.
Temporary Reso. No. 10974 ._ Exhibit 1
City of Tanm.dac F='fjrd7as,;i, 7 � nrf Contracts t?;0sion
... ............... ......... — - - -- t--- ____ ___ _
14.2 The Contractor shall use all means to protect existing objects, structures and
vegetation designated to remain.
14.3 In the event of damage, Contractor shall immediately make all repairs,
replacements and dressings to damaged materials, to the approval of the
City, at not additional cost to the City.
14.4 In the event of damage to public and/or private property, the Contractor shall
immediately contact the City's Public Works Department by telephone at
(954) 597-3700 and inform the appropriate staff member about the location
and extent of the damages.
14.5 In the event that the Contractor does not immediately repair to the
satisfaction of the City damage to public and/or private property, the City may
correct such damage. In such case, an appropriate Change Order shall be
issued deducting from payments then or thereafter due the Contractor costs
of correcting such damage. If the payments then or thereafter due the
Contractor are not sufficient to cover the amount of the deduction, the
Contractor shall pay the difference to the City.
15. CONNECTION TO CITY WATER
The Contractor must also comply with all City of Tamarac Utility Department and Building
Department requirements, and contact these departments at least 48 hours prior to start of
work.
15. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES
Payment at the contract unit price shall be inclusive of all labor, materials, equipment and
incidental items.
17. ACCEPTANCE OF WORK
Acceptance shall be based upon satisfactory completion, material test results,
performance and appearance of the Work after the materials have established, been
placed or found to be in good operating order. Prior to final acceptance, the Contractor
shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area
that is found to be of an unsatisfactory condition shall be rejected and shall be removed
and restored by the Contractor at no expense to the City.
18. TESTS AND INSPECTIONS
18.1 The Contractor shall give the City timely notice of readiness of the Work for
all required inspections, tests or approvals. The Contractor shall assume full
responsibility, pay all costs in connection therewith and furnish the City the
required certificates of inspection, testing or approval for all materials,
equipment for the Work and any part thereof unless otherwise specified
herein.
28
Temporary Reso. No. 10974 — Exhibit 1
of Tamarac ^'w-ck;.gym c+i7;Y C GPii;?C55 Division
lGP1
18.2 The City inspectors shall have no authority to permit deviations from or to
relax any of the provisions of the Contract Documents, or to delay the
Agreement by failure to inspect the materials and Work with reasonable
promptness.
18.3 The payment of any compensation in any form, or the giving of any gratuity
or the granting of any favor by the Contractor to any inspectors, directly or
indirectly is strictly prohibited and any such action on the part of the
Contractor will constitute a breach of this Agreement.
19. CORRECTION OR REMOVAL OF DEFECTIVE WORK
19.1 The Contractor shall correct Work rejected by the City or known by the
Contractor to be defective or failing to conform to the Construction
Documents, whether observed before or after Final Completion and whether
or not fabricated, installed or completed, and all work found to be defective in
the one-year period from the date of Substantial Completion (the Warranty
Period) shall be the responsibility of the Contractor, or within such longer
period provided by any applicable special warranty in the Contract
Documents.
19.2 The City shall provide the Contractor with written notice regarding defective
or rejected work. Within seven days after receipt of such written notice from
the City the Contractor shall commence with corrective action to remove and
replace it with Work that is not defective or rejected.
19.3 If the Contractor fails to correct defective Work as required or persistently
fails to carry out the Work in accordance with the Contract Documents, the
City, by written order may stop the Work, or any portion thereof, until the
cause for such order has been eliminated- however the City's right to stop
the Work shall not give rise to a duty on the part of the City to exercise the
right for benefit of the Contractor or other persons or entities.
19.4 If the Contractor defaults or neglects to carry out the Work in accordance
with the Contract Documents within seven days after receipt of written notice
from the City to commence and continue correction of such default or
neglect, the City may give a second written notice to the Contractor. If within
seven days following receipt of the second notice, the Contractor fails to
correct such default or neglect with diligence and promptness, the City may
correct such deficiencies. In such case, an appropriate Change Order shall
be issued deducting from payments then or thereafter due the Contractor
costs of correcting such deficiencies. If the payments then or thereafter due
the Contractor are not sufficient to cover the amount of the deduction, the
Contractor shall pay the difference to the City.
Temporary Reso. No. 1.0974 — Exhibit 1
20. PROGRESS PAYMENTS
20.1 The Contractor shall deliver to the City itemized Applications for Payment for
Payment. The Contractor may requisition payments for Work completed
during the Project at intervals of not more than once a month. The
Contractor's requisition shall show a complete breakdown of the Project
components, the quantities completed and the amount due, together with a
certification by the Contractor that the Contractor has disbursed to all
Subcontractors and Suppliers their pro-rata shares of the payment out of
previous progress payments received by the Contractor for all Work
completed and materials furnished in the previous period and that properly
executed releases of liens by all Subcontractors, Suppliers and materialmen
were provided and included in the Contractor's previous applications for
payment, and any other supporting documentation as may be required by the
Engineer/Project Manager or Contract Documents. Each requisition shall be
submitted in triplicate to the Engineer/Project Manager for approval. The City
shall make payment to the Contractor within thirty (30) calendar days after
approval by the Engineer/Project Manager of the Contractor's requisition for
payment.
20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct
Application for Payment, the City shall make payment to the Contractor.
20.3 The City shall retain Ten percent (10%) of all monies earned thru 50% of
project completion by the Contractor, and 5% thereafter, until the Work is
totally completed as specified, and accepted by the City. The parties hereto
agree that 255.052, Florida Statutes, do not apply to this Agreement, or to
any underlying agreements and obligations to which this Agreement pertains.
20.4 The Application for Payment shall constitute a representation by the
Contractor to the City that, to the best of the Contractor's knowledge,
information and belief, the design and construction have progressed to the
point indicated, the quality of the Work covered by the application is in
accordance with the Contract Documents and the Contractor is entitled to
payment in the amount requested.
20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from
the City, out of the amount paid to the Contractor on account of such
Subcontractor's Work, the amount to which said Subcontractor is entitled in
accordance with the terms of the Contractor's contract with such
Subcontractor. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to sub -
Subcontractors in similar manner.
20.6 The City shall have no obligation to pay or to be responsible in any way for
payment to a Subcontractor of the Contractor except as may otherwise be
required by law.
Temporary Reso. No. 10974 — Exhibit 1
iC7ci!aC f:lC?? ifi7 inn COn racts Division
20.7 No progress payment or partial or entire use or occupancy of the Project by
the City shall constitute an acceptance of Work not in accordance with the
Contract Documents.
20.8 The Contractor warrants that: (1) title to Work, materials and equipment
covered by an Application for Payment will pass to the City either by
incorporation in construction or upon receipt of payment by the Contractor,
whichever occurs first; (2) Work, materials and equipment covered by
previous Applications for Payment are free and clear of liens, claims, security
interests or encumbrances, hereinafter referred to as "liens"; and (3) no
Work, materials or equipment covered by an Application for Payment will
have been acquired by the Contractor, or any other person performing Work
at the site or furnishing materials or equipment for the Project, subject to an
agreement under which an interest therein or an encumbrance thereon is
retained by the seller or otherwise imposed by the Contractor or such other
person.
20.9 The Contractor may apply for the return of the retainage held pursuant to
Section 20.3, if the Contractor has satisfied the requirements of the Contract
relating to retainage. The City shall pay the Contractor the amount retained
for the Work, less the reasonable value of incorrect or incomplete Work,
liquidated damages or both. Final payment of such withheld sum shall be
made upon correction or completion of such Work and resolution of all issues
regarding liquidated damage. The release of retainage shall not become due
until all Work is 100% completed as identified on the final punchlist. The
requirements of retainage include the following:
20.9.1 Repair and/or replacement of faulty or defective Work.
20.9.2 As -built drawings are submitted to and accepted by the City.
20.9.3 All Code requirements, inspections, testing and certificates of
approval are conformed with, submitted and accepted by the City.
20.9.4 The City is satisfied all payrolls, bills for materials and equipment
and other indebtedness connected with the Work for which the City
might in any way be responsible have been paid or otherwise
satisfied to the extent and in such form as may be designated by
the City.
20.9.5 Release of Lien is submitted and accepted by the City.
20.9.6 The Contractor's completion of Punch List.
20.9.7 Warranties are submitted to and accepted by the City.
21. CHANGE QUANTITIES/CHANGE ORDERS
21.1 The City, without invalidating this Agreement, may order additions, deletions
or revisions to the Work. A written Amendment, Change Order or Work
Change Directive shall authorize such additions, deletions or revisions.
Temporary Reso. No. 10974 - Exhibit 1.
g
of Tr)17Ta'� -ac }�(IYt;77f'ssing c4iti:.r Contracts is C?r'skm
21.2 All Change Orders which, individually or when cumulatively added to
amounts authorized pursuant to prior Change Orders for this Project,
increase the cost of the Work to the City or which extend the time for
completion, must be formally authorized and approved by the appropriate
City authority prior to their issuance and before Work may begin.
21.3 No claim against the City for extra Work in furtherance of a Change
Order shall be allowed unless prior written City approval pursuant to
this section has been obtained.
21.4 The Contract Price and Contract Time shall be changed only by Change
Order or written Amendment.
21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on
forms provided by the City. When submitted for approval, they shall carry the
signature of the Public Works Director, the City Manager, and the Contractor.
21.6 If the City and the Contractor are unable to agree as to the extent, if any, of
an adjustment in the Contract Price or an adjustment of the Contract times
that should be allowed as a result of a Work Change Directive, a claim may
be made therefore.
21.7 The Contractor shall not be entitled to an increase in the Contract Price or an
extension of the Contract times with respect to any Work performed that is
not required by the Contract Documents as amended, modified and
supplemented.
21.8 If notice of any change affecting the general scope of the Work or the
provisions of the Contract Documents is required by the provisions of any
bond to be given to a surety, the giving of any such notice will be the
Contractor's responsibility and the amount of each applicable bond shall be
adjusted accordingly.
21.9 Any claim for adjustment in the Contract Price or time shall be based upon
written notice delivered by the party making the claim to the other parties and
to the Engineer/Project- Manager not later than fifteen (15) calendar days
after the occurrence or event giving rise to the claims and stating the general
nature of the claim. No claim for an adjustment in the Contract Price or an
extension of the contract time will be valid if not submitted in.accordance with
this Paragraph.
21.10 The cost or credit to the City from a change in the Work shall be determined
by one or more of the following ways:
21.10.1 By . mutual acceptance of a lump sum properly itemized and
supported by sufficient substantiating data to permit evaluation
where unit prices do not exist in the contract documents;
21,10.2 By unit prices stated in the Contract Documents or subsequently
agreed upon; or
Temporary Reso. No. 10974 — Exhibit 1
C1ly of ; c'2171ar-i! r,i .. rCP and Contracts Division
!d. f s ate" x
21.10.3 By cost to be determined in a manner agreed upon by the parties
and a mutually acceptable fixed or percentage fee.
22. REGULATORY CHANGES
The Contractor shall be compensated for changes in the Work necessitated by the
enactment or revision of codes, laws, or regulations subsequent to the submission of the
Contractor's proposal.
23. SUBSTANTIAL COMPLETION
The specified warranty period for a specific Project does not begin until final completion of
that project under that project's individual Notice to Proceed.
24. FINAL INSPECTION
Upon written notice from the Contractor that the Work is or an agreed portion thereof is
complete, the City and the Engineer/Project Manager will make a final inspection and will
notify the Contractor in writing of all particulars in which this inspection reveals that the
Work is incomplete or defective. The Contractor shall address such deficiencies in
accordance with Section 19 "Correction or Removal of Defective Work" of this document.
25. FINAL APPLICATION FOR PAYMENT
25.1 After the Contractor has completed all such corrections to the satisfaction of
the City and the Engineer/Project Manager and delivered all maintenance
and operating instructions, schedules, guarantees, bonds, certificates of
inspection, marked up record documents and other documents required by
the Contract Documents, and after the Engineer/Project Manager has
indicated that the Work is acceptable, the Contractor may make application
for final payment. The final application for payment shall be accompanied by
(1) complete and legally effective releases or waivers of all liens arising out
of or filed in connection with the Work and a final affidavit; or (2) the
Contractor's receipts in full covering all labor, materials and equipment for
which a lien could be filed; or (3) a final affidavit stating that all laborers,
materialmen, Suppliers and Subcontractors who Worked for the Contractor
under this Contract have been paid in full or if the fact be otherwise,
identifying the name of each lienor who has not been paid in full and the
amount due or to become due each for labor, services or materials furnished
and the reason(s) why the same remains unpaid. If any Subcontractor or
Supplier fails to furnish a release or receipt in full, the Contractor may furnish
a bond satisfactory to the City to indemnify the City against any such lien.
25.2 The Contractor shall also submit with the final application for payment, the
completed set of "As -Built" drawings for review and approval. The "As -Built"
drawings shall be prepared, sealed and certified by a professional registered
land surveyor licensed by the State of Florida. The Contractor shall deliver
Temporary Reso. No. 10974 -- Exhibit 1
City of T�imarac Purchaq.030 al -id Contracts Diwsior,
mylar sepias of the as -built project, signed, sealed and dated by the
responsible professional. In addition, "As -Built" plans are to be submitted in
a digital format in AutoCAD latest version. The Digital File is to be
compatible with the City's GIS system. Final payment to the Contractor shall
not be made until said drawings have been reviewed and approved by the
Engineer/Project Manager. Prior to approval, if necessary, the drawings may
be returned to the Contractor for changes or modifications if in the opinion of
the Engineer/Project Manager they do not represent correct or accurate "As -
built" drawings.
26. FINAL PAYMENT AND ACCEPTANCE
26.1 If, on the basis of the Engineer/Project Manager's observation of the Work
during construction and final inspection, and the Engineer/Project Manager's
review of the final Application for Payment and accompanying
documentation, the Engineer/Project Manager is satisfied that the Work has
been completed and the Contractor's other obligations under the Contract
Documents have been fulfilled, the Engineer/Project Manager will, within ten
(10) days after receipt of -the final Application for Payment, indicate in writing
the Engineer/Project Manager's recommendation of payment and present the
Application to the City for payment. Thereupon the Engineer/Project
Manager will give written notice to the City and the Contractor that the Work
is acceptable. Otherwise, the Engineer/Project Manager will return the
Application to the Contractor, indicating in writing the reasons for refusing to
recommend final payment, in which case the Contractor shall make the
necessary corrections and resubmit the Application. After presentation to the
City of the Application and accompanying documentation, in appropriate form
and substance, and with the Engineer/Project Manager's recommendation
and notice of acceptability, the amount recommended by the
Engineer/Project Manager will become due and will be paid by the City to the
Contractor within the required time frame under Florida statue regarding such
payments.
26.2 Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the City to the Contractor when the Work has been
completed, the Contract fully performed, and a final certificate for payment
has been approved by the Engineer/Project Manager. The making of final
payment shall constitute a waiver of claims by the City except those arising
from:
26.2.1 liens, claims, security interests or encumbrances arising out of this
Agreement and unsettled.
26.2.2 Faulty or defective Work and latent defects discovered after
acceptance.
26.2.3 Failure of the Work to comply with the requirements of the contract
documents.
26.2.4 Terms of special warranties required by the contract documents.
34
Temporary Reso. No. 10974 — Exhibit 1
City of t c^at'l�irca
M
28
iPwclasing and Contracts ^ir..rSrnl7
26.2.5 Any of the Contractor's continuing obligations under this
Agreement.
26.3 The acceptance of final payment by the Contractor shall constitute a waiver
of claims by that payee except those previously made in writing and identified
as unsettled at the time of final application for payment.
27.1 The City may withhold in part, final payment or any progress payment to
such extent as allowed under Florida statute, necessary to protect itself from
loss on account of:
27.2 Defective Work not remedied.
27.3 Claims filed or reasonable evidence indicating the probable filing of claims by
other parties against the Contractor.
27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers
for materials or labor.
27.5 Damage to another Contractor not remedied.
27.6 The Contractor has incurred liability for liquidated damages.
27.7 Reasonable evidence that the Work cannot be completed for the unpaid
balance of the contract sum.
27.8 Reasonable evidences that the Work will not be completed within the
Contract time.
27.9 Failure to carry out the Work in accordance with the Contract Documents.
27.10 When the above grounds are removed or resolved or the Contractor provides
a Surety Bond or Consent of Surety satisfactory to the City, which will protect
the City in the amount withheld, payment may be made in whole or in part.
WARRANTIES
28.1 The Contractor warrants that all equipment, materials and Workmanship
furnished, whether furnished by the Contractor or its subcontractors and
Suppliers, will comply with the Technical Specifications, drawings and other
descriptions supplied or adopted and that all services will be performed in a
Workmanlike manner.
28.2 The Contractor warrants to the City that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its
obligations under the Contract.
28.3 The Contractor warrants to the City that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened
with any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to
perform its obligations under the Contract.
Temporary Reso. No. 10974 -- Exhibit 1
City ^f Tama!,9- Purchasing sr, i Cor�trects D vision
-..-------- -- ._.............. _..........._..................._......
29. CORRECTION PERIOD
29.1 The Contractor warrants all material and Workmanship as noted in the
Technical Specifications from date of final acceptance by the City. If within
the period of warranty from the date of final completion or such longer period
of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents, any Work
is found to be defective, whether observed before or after acceptance by the
City, the Contractor shall commence with corrective action within seven (7)
days after written notice of the such defect, without cost to the City and in
accordance with the City's written instructions, either correct such defective
Work, or, if it has been rejected by the City, remove it from the site and
replace it with Work that is not defective and satisfactorily correct and
remove and replace any damage to other Work or the Work of others
resulting therefrom. If the Contractor does not promptly comply with the
terms of such instructions, or in an emergency where delay would cause
serious risk of loss or damage, the City may have the defective Workmanship
corrected or the rejected Work removed and replaced, and all direct, indirect
and consequential costs of such removal and replacement (including but not
limited to fees and charges of the Engineer/Project Manager, attorneys and
other professionals) will be paid by the Contractor.
29.2 Where defective Work (and damage to other Work resulting therefrom) has
been corrected, removed or replaced under this paragraph, the correction
period hereunder with respect to such Work will be extended for an additional
period as noted in the Technical Specifications after such correction or
removal and replacement has been satisfactorily completed.
29.3 Nothing contained in this Article shall be construed to establish a period of
limitation with respect to other obligations that the Contractor might have
under the Contract Documents. Establishment of the time period as
described in Article 29, relates only to the specific obligation of the Contractor
to correct the Work, and has no relationship to the time within which the
obligation to comply with the Contract Documents may be sought to be
enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligation
other than specifically to correct the Work.
fflAwele-rk &I I WIeUrel
30.1 The construction schedule shall be in the form of a tabulation, chart or graph
(MS Project latest edition) and shall be in sufficient detail to show the critical
path and the chronological relationship of all activities contained in the
project. These include, but are not limited to: estimated starting and
completion dates of various activities, submittals required to the
Engineer/Project Manager for approval, procurement of material and
scheduling of equipment.
Temporary Reso, No. 10974 — Exhibit 1
of Tat71arac Purc.";sirg cirri {.:�7ntrocts C,% visioo
30.2 The Construction Schedule shall allow for a maximum turnaround time by the
Engineer/Project Manager of fourteen calendar days on all submittals, shop
drawings and all requests for information.
30.3 The construction schedule shall reflect the completion of all Work to be
performed within the specified time and in accordance with the Contract
Documents.
30.4 The construction schedule shall be thoroughly reviewed and updated on a
monthly basis. The revised schedule shall be submitted to the City at least
every 30 days during the term of this Agreement and shall reflect a current
schedule of activities, percent complete and remaining durations for all tasks.
30.5 Float, slack or contingency time derived from the early completion of tasks on
the critical path is not for the exclusive use or benefit of the Contractor. The
Contractor shall not utilize such time without the prior written consent of the
City.
30.6 If the Contractor desires to make changes in the method of operation after
the construction approval of the construction schedule, or if the
Engineer/Project Manager determines that the schedule fails to reflect the
actual progress, the Contractor shall submit to the Engineer/Project Manager
a revised construction schedule for approval.
31. PROTECTION OF PERSONS AND PROPERTY
31.1 The Contractor shall be solely responsible for initiating, maintaining and
providing supervision for compliance with Occupational Safety and Health
Act (OSHA) standards for safety precautions and programs in connection
with the Work.
31.2 The Contractor shall take reasonable precautions for safety of, and shall
provide reasonable protection to prevent damage, injury or loss to (1)
employees on the Work and other persons who may be affected thereby; (2)
the Work and materials and equipment to be incorporated therein; and (3)
other property at or adjacent to the site.
31.3 The Contractor shall comply with applicable laws, ordinances, rules,
regulations and orders of public authorities bearing on the safety of persons
and property and their protection from damage, injury or loss.
31.4 The Contractor shall be liable for damage or loss (other than damage or loss
to property insured under the property insurance provided or required by the
Contract Documents to be provided by the City) to property at the site
caused in whole or in part by the Contractor, a Sub -Contractor of the
Contractor or anyone directly or indirectly employed by either of them, or by
anyone for whose acts they may be liable.
31.5 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.
37
Temporary Reso. No. 10974 — Exhibit I
of 7am,arac Purchasing and Cnnit ;t;is Oivisi.7n
-.... ......_
31.6 The Contractor shall comply with the requirements of the Florida Trench
Safety Act and all applicable OSHA Regulations pertaining to excavation.
31.7 The Contractor shall comply with Florida Statutes, Chapter 556,
Underground Facility Damage Prevention and Safety Act and secure the
underground locations and obtain a Sunshine State One Call Certification
number prior to beginning any excavation.
32. HURRICANE AND SEVERE WEATHER PRECAUTIONS
32.1 The Contractor shall immediately take all protective actions necessary to
secure the construction site, materials, debris and equipment to the
satisfaction of Engineer/Project Manager. Engineer/Project Manager shall
not be held liable for the construction site, materials, debris, and equipment.
32.2 All construction materials or equipment will be secured against displacement
by wind forces.
33. WORK BY THE CITY OR CITY'S CONTRACTORS
33.1 The City reserves the right to perform Work related to, but not part of, the
Project and to award separate contracts in connection with other Work at the
site.
33.2 The Contractor shall afford the City's separate Contractors reasonable
opportunity for introduction and storage of their materials and equipment for
execution of their work. The Contractor shall incorporate and coordinate the
Contractor's work with the work of the City's separate contractors as required
by the Contract Documents.
33.3 Costs caused by defective or ill-timed Work shall be borne by the party
responsible.
K1111;1109:71.9-0
The Bidder preparing a bid in response to this bid shall bear all expenses associated with
its preparation. The Bidder shall prepare a bid with the understanding that no claim for
reimbursement shall be submitted to the City for the expense of bid preparation and/or
presentation.
38
Temporary Reso. No. 10974 -- Exhibit 1
City of ' arnary,c-- - ...... _..... ... _..--......__ _... ; _.,..__...-....._.._...... Purchasing and Cnotracts Division
35. CONTINGENCY ALLOWANCE
A contingency allowance may have been allowed for this project as a pre-printed amount
shown on the Bid Form/Schedule of Bid Prices. The Contractor shall add this amount to
the total bid amount. If a contingency allowance is stipulated in the bid, the Contractor is
not to use this contingency allowance without written permission from the City and upon
written justification to the City for such use. Although the contingency allowance may be
contained in the contract award amount, Contractor agrees that any unused portion of the
contingency allowance shall remain with City and Contractor agrees they shall have no
claim for the unused amount. The Contractor further agrees to execute a Change Order to
the contract amount as may be required to deduct the unused amount of the contingency.
39
Temporary Reso. No. 10974 — Exhibit I
of Tara;ar�lc Purchrisr��r, arld C :ntr,�cts D;visicr
--...-----...----.._._._..........._..._.._........................................._........................_.................. _............ ----
COMPANY NAME: (Please Print):
Phone: Fax:
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special
Provisions.
2. ❑ Properly fill out the Bid Forms and the Schedule of Bid Prices.
3. ❑ Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
4. ❑ Sign the Certification page. Failure to do so may result in your Bid being
deemed non -responsive.
5. ❑ Fill out the Bidder's Qualification Statement.
6. ❑ Fill out the References page.
i. ❑ Sign the Vendor Drug Free Workplace Form.
8. ❑ Fill out the List of Subcontractors.
9. ❑ Fill out and sign the Certified Resolution:
10. ❑ Include proof of insurance.
11. ❑ Include copy of County Competency License(s) or Certified State License
Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with
the BID NUMBER AND BID NAME on the outside of the package.
Make sure your Bid is submitted PRIOR to the deadline.
Late Bids will not be accepted.
Failure to provide the requested attachments may result in your bid
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID.
40
Temporary Reso. No. 10974 — Exhibit 1
CO of Tamarac Purchasinc and Gontrarts Division
BID FORM
BID NO. 06-128
TREE REMOVAL POST HURRICANE WILMA
The City of Tamarac is hereby requesting Bids from qualified contractors for the for cutting,
stump grinding and proper disposal of vegetative debris and excess mulch for 451 trees, of
which approximately 305 are in the public right of way, 41 are at the Public Service
Complex/City Hall Complex and 105 are in City Parks. Each tree has been identified in the
field with a designated mark. Each tree will be cut as close to flush to the ground (a
minimum of within 6" of ground elevation) as possible. Stump grinding to a depth of 12"
below surface elevation of all stumps (grinding of stumps located in parks must be done
within 48hrs of cutting tree). Void created by stump grinding to be filled with mulch level
with surrounding ground elevation. Vegetative debris generated by cutting of trees and
excess mulch created by stump grinding shall be taken away and disposed of by
Contractor in accordance with all current Federal, State, County, City and Local Codes.
In order to be considered for this project, the Bidder shall possess, at time of bid opening,
an appropriate County Competency License or State Certified equivalency license:
County Competency Tree Trimming License with at least three (3) years of
verifiable full-time successful experience on similar size and scope projects.
�.. or
State Certified Tree Trimming License with at least three (3) years of verifiable
full-time successful experience on similar size and scope projects.
We propose to furnish the following items in conformity with the specifications and at the
indicated bid prices. The bid prices quoted have been checked and certified to be correct.
Said prices are fixed and firm and shall be paid to Bidder for the successful completion of
its obligation as specified in the contract documents.
In the event of obvious mathematical errors, the Bidder recognizes that these are clerical
in nature and may be corrected by City.
For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment
necessary to properly perform the work described herein and on the project drawings. It is
the intent of the City to award this bid based on the Total Base Bid for all bid items. In the
event or latent multiplication or addition errors, the Bidder recognizes that these are
clerical errors and may be corrected by the Owner.
SCHI-1 Bid Forir, & Schedule of Bid Pfnres
Temporary Reso. No. 10974 — Exhibit I
of Tamarac
BID SCHEDULE
Purchasing and Contracts Divkvon
Bidder agrees that any unit price listed is to be multiplied by the estimated quantity requirements listed below in order
to arrive at the total price.
For each item, Bidder agrees to furnish all labor, material, tools and equipment necessary to properly perform the work
described herein and on project drawingsimaps. It is the intent of the City to award this contract based on the Grand
Total Base bid for all bid items. In the event of latent multiplication or addition errors, the Bidder recognizes that these
are clerical errors and may be corrected by the Owner.
ITEM DESCRIPTION EST. UNIT UNIT PRICE TOTAL
NO. QTY. PRICE
Cut tree flush with ground, remove and 451 EA
Dispose of properly as specified
Stump grind remaining stump to 12" below 451 EA
Surface as specified
Total. $
NAME OF BIDDER:
These trees have been designated to be hazards to the public and are to be removed as a result
of damage incurred by Hurricane Wilma. It is the opinion of the City's Arborist that these trees will
die and become safety hazards to the public in the near future. All trees to be removed are on a
detailed list which will be part of this bid package. Each tree to be cut has been marked in the
field with a "C" in white paint. Each tree will be cut as close to flush to the ground (a minimum of
within 6" of ground elevation) as possible. Stump grinding to a depth of 12" below surface
elevation of all stumps (grinding of stumps located in parks must be done within 48hrs of cutting
tree). Void created by stump grinding to be filled with mulch level with surrounding ground
elevation. Vegetative debris generated by cutting of trees and excess mulch created by stump
grinding will be taken away and disposed of in accordance with all Federal, State, County, City
and Local Codes. Proof of proper disposal of all vegetative debris will be forwarded to the City
prior to final payment.
Note: The Location Map contained herein, is supplied for informational purposes only. It shall be
the responsibility of the Bidder to field verify said information.
--..... --............... ...... ..._..__........ _.... _..... ................... _.... _.._
SCH-2 Bid Form & Schedule of Bid Prices
Temporary Reso. No. 10974 --- Exbibit 1
City of %r ar��ac
Purrh isirrg and Ccmiracts Division
BID FORM
(continued)
BID NO. 06-12B
TREE REMOVAL POST HURRICANE WILMA
Submitted by:
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88th Avenue
Tamarac, Florida 33321
Date
1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a
contract with the City to perform and furnish all Work as specified herein for the
Contract Price and within the Contract Period indicated in this bid.
2. This bid will remain subject to acceptance for ninety (90) days after the day of bid
opening. Bidder will sign and submit the necessary documents required by the City
within fifteen (15) days prior to the date of the City's Award.
a. Bidder has familiarized itself with the nature and extent of the contract
documents, locality, and all local conditions and laws and regulations that
in any manner may affect cost, progress, performance or furnishing of the
Work.
b. Bidder has given the City written notice of all conflicts, errors or
discrepancies that it has discovered in the contract documents and the
written resolution thereof by the City is acceptable to Bidder.
C. This Bid is genuine and not made in the interest of or on behalf of any
undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or
corporation; Bidder has not directly or indirectly induced or solicited any
other Bidder to submit a false or sham Bid; Bidder has not solicited or
induced any person, firm or corporation to refrain from bidding; and
Bidder has not sought by collusion to obtain for itself any advantage over
any other Bidder or over the City.
3. Bidder will complete the Work for the prices shown in the "Bid Form".
4. Bidder agrees that the Work will be substantially performed and complete in
accordance with the schedules established herein.
...... --- ------ -..__...---....... ............. .............. _....... _...._... _ _.... _.........._..
S H 3 Bid Form & Schedule of Bid Prices
Temporary Reso. No. 10974 — Exhibit 1
City of Tamarac Purchasing rind C"can!°racts Division
BID FORM
(continued)
BID NO. 06-12B
TREE REMOVAL POST HURRICANE WILMA
The City reserves the right to reject any bid, if it deems that a vendor has deliberately
provided erroneous information. The undersigned declare to have specific and legal
authorization to obligate their firm to the terms of this bid, and further, that they have
examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other
documents included in this bid request, and hereby promises and agrees that, if this bid is
accepted, they will faithfully fulfill the terms of this bid together with all guarantees and
warranties thereto. The undersigned bidding firm further certifies the product and/or
equipment meets or exceeds the specification as stated in the bid package; and also
agrees that products and/or equipment to be delivered which fail to meet bid specifications
will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at
the expense of the bidder.
Authorized Signature
Typed/Printed Name
Telephone
Fax
Email address for above signer (if any)
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Contractor's License Number
-.'..............._......................_.._...._.............................. .............. ......... _....... _....------------ ----._....................
SGH4 Bid Form & Setaedt.tie of Bid Prices
Temporary Reso. No. 10974 -- Exbibit 1
o.
of Tarrmarcic Purchasing ;4r7c'! Cootrsrts Division
BID FORM
(continued)
BID NO.06-12B
Bidder's Name:
TERMS: % (percent discount, if any, if payment made within DAYS;
otherwise, terms are NET 30 days.
Delivery/completion: Within 56 calendar days after receipt of Notice to Proceed or
Purchase Order, whichever is applicable for this project.
To be considered eligible for award, one (1) original and two (2) copies of this bid form
should be submitted with the Bid. One original bid must be submitted at time of bid
opening. Copies must be provided within 3 business days of City's request.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder,
as evidenced by completion of the Certified Resolution form contained herein (or
acceptable Corporate Resolution) may be deemed non -responsive and ineligible for
award.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder
shall be deemed non -responsive and ineligible for award.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor
listing.
I F i- Bid Fparr, & SCi1E,'Cia/e of Bid Pn' es
Temporary Reso. No. 10974 -- Exhibit 1
c
of T<�m nic ; ----...._..........._..._ ......._.......... urchasillg &-C or~,tr_,%,t5...Di /isjon............
Cr7►a��7>�>�i��l�l�I�\MiYI�9-YAT r
State of }
)ss.
County of
and says that:
being first duly sworn, deposes
He/she is the (Owner, Partner, Officer, Representative
or Agent) of the Offeror that has submitted the
attached Proposal;
1. He/she is fully informed respecting the preparation and contents of the attached
Proposal and of all pertinent circumstances respecting such Proposal;
2. Such Proposal is genuine and is not a collusive or sham Proposal;
3. 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;
.4. 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:
By
Witness
Witness Printed Name
Title
41
Temporary Reso. No. 10974 — Exhibit 1
of i 317it3t C. ^. 1 a1I'll- ", !?flC Cf- IV,+Slb17
ACKNOWLEDGMENT
1.L01.Q00141V&31vI�r�dr§7--V rl
State of Florida
County of
On this the day of , 20, before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/sheAhey executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
4
Temporary Reso. No. 10974 Exhibit 1
City of Tamarac Purci7asing 9!-,d Con,,: ,a=-s Dwhsia,i
C44=1: 11I4167%dro I
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the item (s)/se rvi ce (s) described in the
Invitation to Bid. We (1) certify that we (1) have read the entire document, including the
Specifications, Additional Requirements, Supplemental Attachments, Instructions to
Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of
the requirements of the entire Invitation To Bid.
Indicate which type of organization below:
INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
Company Name
Address
City, State, ZIP
Federal Tax ID Number
Email address for above signer (if any) Contractor's License Number
43
Temporary Reso. No. 10974 — Exhibit 1
of Tamanac
P-, rch 'sh',g qnd Gontracfs Division
BIDDER'S QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and all
answers to questions made hereinafter:
Name of Company
Address
City State Zip
Telephone
Fax Number
1. How many years has your organization been in business under its present name?
Years
2. If Vendor is operating under Fictitious Name, submit evidence of compliance with
Florida Fictitious Name Statute:
3. Under what former name(s) has your business operated?
List former address(es) of that business (if any).
4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification
5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License
6. Has your company ever declared bankruptcy? Yes ❑ No ❑
If Yes, explain:
7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑
of the commodities/services bid upon?
8. Have you ever received a contract or a purchase order from the City of Tamarac or
other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title
etc.)
9. Have you ever received a complaint on a contract or bid awarded to you by any
governmental entity? Yes ❑ No ❑ If yes, explain.
10. Have you ever been debarred or suspended from doing business with any
governmental entity? Yes ❑ No ❑ If yes, explain:
44
Temporary Reso. No. 10974 — Exhibit 1.
of Tr71'.7<grac Pi rchasip?g ixi"d Crnt a?C,S Division
.. .........�._......... -............._...... __...._...-- --—..._...—.._.,._.. _................_....... _. _. _ .
7j=z-;.VIL4j*I
Please list government agencies and/or private firms with whom you have done business
during the last five years:
Your Company Name
Address
City State Zip
Phone/Fax
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
45
Temporary Reso. No. 10974 — Exhibit 1
o ! i�i'laric '� F'-rCh*1 Sh`L7 a!7d i d;t7it",?e, iViSiCP?
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.
1. 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.
2. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
3. 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.
4. 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.
5. 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
46
Temporary Reso. No. 10974 — Exhibit 1
t y of Tamarac 3i F Ud GF wif%C ar"sC( i-L'% F C:S ,9,j,
- --- .._._........... ..............................- -- — - .. _...__.._ ......._.... _................----........ - ..._...._.__.,._.. -- ..,.. ._,...............
LIST OF SUBCONTRACTORS
The Bidder shall list below the names and business address of each subcontractor who
will perform Work under this Bid in excess of one-half of one percent of the Contractor's
Total Bid Price, and shall also list the portion of the Work that will be done by such
subcontractor. After the opening of bids, no changes or substitutions will be allowed except
as otherwise provided by law. The listing of more than one subcontractor for each item of
Work to be performed with the words "and/or" will not be permitted. Failure to comply with
this requirement will render the Bid as non -responsive and may cause its rejection.
Work to Be Performed % Total Contractor
Contract License No.
47
Subcontractor
Name/Address
Temporary Reso. No. 10974 -- Exhibit 1
of Tara gngc rri a.sir �:t an, t r7 r Cts jrvr5i<„
_...._................. --- - --—....._.._...........__................._.... — -- — ... ......................- ...._..... -.__.. --..__....._...._...._....
CERTIFIED RESOLUTION
I. (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of
the State of , do hereby certify that the following Resolution was
unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a
meeting held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT (Name)", the duly
elected (Title of Officer) of
(Corporate Title) be and is hereby authorized to execute and
submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other
instruments in writing as may be necessary on behalf of the said corporation; and that the Bid,
Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as
its own acts and deeds. The secretary shall certify the names and signatures of those authorized to
act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall
be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage
resulting from or growing out of honoring, the signature of any person so certified or for refusing to
honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution.
NAME
liming
Given under my hand and the Seal of the said corporation this
(SEAL)
NOTE:
LM
SIGNATURE
day of , 20 _
Secretary
Corporate Title
The above is a suggested form of the type of Corporate Resolution desired. Such form need not
be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of
the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been
properly empowered by the corporation to do so in its behalf.
48
Temporary Reso. No. 10974 — Exhibit 1
t
CERTIFICATE AS TO PRINCIPAL
I , certify that I am the Secretary of the Corporation named
as Principal in the foregoing Performance Bond; that
who signed the Bond on behalf of the Principal, was then of said
Corporation; that I know his/her signature; and his/her signature thereto is genuine; and
that said Bond was duly signed, sealed and attested to on behalf of said Corporation by
authority of its governing body.
(AFFIX SEAL)
49
(Name of Corporation)
Temporary Reso. No. 10974 — Exhibit 1
City of Tamarac pur�ch'ising & C ootracts Division
APPLICATION FOR PAYMENT
Contract Title:
Contract/Purchase Order No.: Original Contract Value:
Contract Change Order Value: Current Contract Value:
Cumulative No. Change Orders:
Application for Payment is made, as shown below:
1. Original Contract Sum
2. Net Change by Change Orders
3. Contract Sum to Date
(line 1 (+) or (-) line 2)
4. Total Completed and Stored to Date
5. Retainage
a. % of Completed Work
b. % of Stored Material
c. Total Retainage (line 5a + line 5b)
6. Total Earned less Retainage
(line 4 — line 5c)
7. Less Previous Application For Payment
(subtract line 6 from prior A.F.P.)
8. Current Payment Due
9. Balance to Finish, plus Retainage
(line 3 -- line 6)
Submitted by:
Contractor
Approved for Payment
Project Manager
$
Date:_
Date
50
Citv of Tamarac
Temporary Reso. No. 10974 -- Exhibit I
DATE OF ISSUANCE:
OWNER:
CITY OF TAMARAC
7525 NW 88th Avenue
Tamarac, FL 33321-2401
BID NO_
CONTRACTOR
CHANGE ORDER
CHANGE ORDER NO.
PROJECT NAME:
PROJECT NO.
P.O. NUMBER
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE
THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS
AND SPECIFICATIONS:
DESCRIPTION:
PURPOSE OF CHANGE ORDER:
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price
Original Contract Time
Previous Change Order No. to No.
Net change from previous change orders
Contract Price prior to this Change Order
Contract Time prior to this Change Order
$
Net (Increase) of this Change Order
Net (Increase) of this Change Order
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
$
RECOMMENDED APPROVED APPROVED
BY BY BY
Director City Manager Contractor
Date Date bate
Temporary Reso. No. 10974 — Exhibit 1
City. f T rat r, ri Contr,�ots Division
FINAL RELEASE OF LIEN BY CONTRACTOR
STATE OF
COUNTY OF
The undersigned contractor, under a certain contract with the City of Tamarac, dated
20_, in connection with the following public work:
CONTRACT NO.
does hereby acknowledge receipt of the full contract price of $ as
modified by change order, addenda, etc., and hereby releases and discharges all liens,
lien rights, claims or demands of any kind whatsoever which the undersigned contractor
now has or might have against the City of Tamarac arising out of said contract or in
connection with the aforesaid public improvement.
That all claims, liens or other entitlements for labor, services, materials or supplies
furnished, in connection with the aforesaid improvement have been fully paid. That an
affidavit on behalf of the contractor, signed by A has been
furnished to the City of Tamarac, as well as final releases of lien executed by all
materialmen and subcontractor regardless of their tier.
IN WITNESS WHEREOF, the contractor has caused this release to be executed in its
name and under its seal by its proper officers, this ^, day of 20_
Signed, Sealed and Delivered
in the Presence of:
Contractor
Corporate Secretary Signature President Signature
Type Name
Type Name
52
Temporary Reso. No. 10974 — Exhibit 1
of 1rt7ia�tac c Pu'(�ha3il?g and cont'ects D?visl""-n
..........--..........I-------._ _.........._.. - - ------ -- -----...._.. --- -- _...._ Y -- -- - — - - - - - - —...._..----..._....__.........._..........._ ........ -- ...............
ACKNOWLEDGMENT
� t ► IT �T��h9=[�T3>AI =1►1
State of Florida
County of Broward
On this the day of , 20 , before me, the undersigned Notary Public of
the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge
that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
53
Temporary Reso. No. 10974 — Exhibit 1
City
o� Purchesrrg �,� d COrtracts Division•
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
THIS AGREEMENT is made and entered into this day of , 20_
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and
a corporation with principal offices located at
(the "Contractor") to provide for
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, Bid Document No.
, including all conditions therein, (General Terms and
Conditions, Special Conditions and/or Special Provisions), drawings, Technical
Specifications, all addenda, the Contractor's bid/proposal included herein, and all
modifications issued after execution of this Agreement. These contract documents form
the Agreement, and all are as fully a part of the Agreement as if attached to this
Agreement or repeated therein. In the event that there is a conflict between
as issued by the City, and the Contractor's Proposal,
as issued by the City shall take precedence over the Contractor's Proposal.
Furthermore, in the event of a conflict between this document and any other contract
documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
a) Contractor shall furnish all labor, materials, and equipment
necessary to
b) Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense.
c) Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
54
Temporary Reso. No. 10974 — Exhibit 1
of Ta,,?,�irac
_.... _...__...__gnacts Division
_......:----- ......--......__...-...-----.___...._..._._..
le� - -- -- -- -
inclement weather.
d) Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, and all other insurance as
required by the City, including Professional Liability when appropriate.
Contractor shall maintain such insurance in full force and effect during the
life of this Agreement. Contractor shall provide to the City's Risk and
Safety Manager certificates of all insurances required under this section
prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will
retain all necessary insurance in force throughout the term of this
agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that
Contractor receives the City's Notice to Proceed. The work shall be substantially
completed within days from the date of issuance of said Notice to Proceed.
5) Contract Sum
The Contract Sum for the above work is Dollars and
cents ($ )
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoices. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
55
Temporary Reso. No. 10974 — Exhibit 1
City of Tamarac � Purchasing and Contracts Division
t�1-11
......_.._-._...-----------,....._........................__......_.......- .....- ---- --
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits shall be processed before the warranty period begins.
All payments shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII, Chapter 218.
7) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted
by all suppliers, subcontractors, and/or Contractors who worked on the project that is
the subject of this Agreement. Payment of the invoice and acceptance of such payment
by the Contractor shall release City from all claims of liability by Contractor in
connection with the agreement.
8) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of completion of work. In the event that defect occurs during this time, Contractor
shall perform such steps as required to remedy the defects. Contractor shall be
responsible for any damages caused by defect to affected area or to interior structure.
The one (1) year warranty period does not begin until substantial completion of the
entire project, and the subsequent release of any Performance or Payment Bonds,
which may be required by the original bid document.
9) Indemnification
9.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
9.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any
reason, the terms and conditions of this Article shall survive indefinitely.
a.) The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
M
Temporary Reso. No. 10974 — Exhibit 1
of Tamarac -- - -- -- -- -- --- ...,...,.,_.__... ............ `• --- --- -- --- PUro 7asing ancl _10'r3tracts Divisk.)n
indemnifications including, but not limited to, reasonable attorney's
fees (including appellate attorney's fees) and costs.
b.) City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement.
9.3 Nothing contained herein is intended nor shall be construed to waive City's
rights and immunities under the common law or Florida Statutes 768.28, as
amended from time to time.
10) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. Such actions must include, but not be
limited to, the following: employment, promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination-, rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor shall
agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
11) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business,
that it has made its own investment in its business, and that it will utilize a high level of
skill necessary to perform the work. This Agreement shall not be construed as creating
any joint employment relationship between the Contractor and the City and the City will
not be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
57
Temporary Reso. No. 10974 — Exhibit 1
of Tamarac
12) Assignment and Subcontracting
tll�`
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney_ at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fart Lauderdale, FL 33308
CONTRACTOR
14) Termination
14.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
14.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
58
Temporary Reso. No. 10974 — Exhibit 1
of ;''aniarac
15) Uncontrollable Forces
a
Purchasin ar7c� Contracts i!'aLtS tgd5:t7r7
_........._..__........_............ _......__......--... ....... .... --._.._.._.._..._._.....
__...----.......
r
15.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a parry of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
15.2 Neither party shall, however, be excused from performance if
nonperformance is due to forces, which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
16) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
17) 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.
18) 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.
19) 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
59
Temporary Reso. No. 10974 — Exhibit 1
nt ' marac Ptrrcdiasing and uantraM Division
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
20) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Contractor and the City.
21) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
Remainder of Page Intentionally Blank
60
Temporary Reso. No. 10974 — Exhibit 1
of 7 cdiP7i nic �$J---- 1--- -' �1.11I.-II-1.1.11�-11.11.1.1�'..-."...� e -1 ---- 1-11 - -1 -1..", 11-1-1-1111- 1.-/�ch gsing and Ccmr c,ts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
duly authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy
CITY OF TAMARAC
Beth Flansbaum-Talabisco, Mayor
Date
Jeffrey L. Miller, City Manager
Date
Approved, as to form and legal sufficiency:
City Attorney
Date
Company Name
Signature of President/Owner
Type/Print Name of President/Owner
(CORPORATE SEAL) Date
61
Temporary Reso. No. 10974 -- Exhibit 1
a
City of Tamarac.._ .- - '" Purchasinzand Contracts Di0sion
__.......... ....... ... - --_ .._........_...- ...... --------
'
- _---------
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
a
, of
Corporation, to me known to be the person(s) described in and
who executed the foregoing instrument and acknowledged before me that he/she
executed the same.
WITNESS my hand and official seal this _,, day of , 20_
Signature of Notary Public
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
62
'Temporary Reso. No. 10974 -- Exhibit 2
DATE OPENED 4/17/06 06-12B BID TAB 9:25 AM 4/21/2006
NAME
TOTAL
GOT STUMPS
$77,000.00
CARLTON'S TREE SERVICE
$78,925.00
SUPERIOR LANDSCAPING
$89,027.40
NATIVE TECH
$102,954.28
PHIL'S EXPERT TREE
$112,299.00
PRESTIGE
$119,616.00
ADVANCED TREE CARE
$126,298.00
ARBOR TREE
$128,387.00
SFM SERVICES
$137,556.00
MULLINGS ENG'G SVC
$167,850.00
NOVO DEVELOPMENT
$169,125.00
WOOD RESOURCE RECOVERY
$194,381.00
BG KATZ NURSERIES
$202,960.00
CHARLIE'S TREE SVC
$226,600.00
SANCHEZ ARANGO LANDSCAPE
$248,050.00
ALEXANDER & JOHNSON
$355,180.18
LAMB'S ELITE TREE
$640,266.43
TR 10974
EXHIBIT 3
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
CARLTONS TREE SERVICE, INC.
THIS AGREEMENT is made and entered into this day of J ' ,
2006 by and between the City of Tamarac, a municipal cor0oration with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Carltons Tree
Service,lnc, a Florida corporation with principal offices located at 622 Southeast Essex
Drive, Port St. Lucie, FL 24984 (the "Contractor") to provide for tree removal services.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the
City and Contractor agree as follows:
1) The Contract Documents
The contract documents consist of this Agreement, Bid Document No. 06-12B,
including all conditions therein, (General Terms and Conditions, Special Conditions and/or
Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's
bid/proposal included herein, and all modifications issued after execution of this Agreement.
These contract documents form the Agreement, and all are as fully a part of the Agreement
as if attached to this Agreement or repeated therein. In the event that there is a conflict
between 06-12B as issued by the City, and the Contractors Proposal, 06-12B as issued by
the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of
a conflict between this document and any other contract documents, this Agreement shall
prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment necessary
to perform tree removal services as detailed in bid specification 06-
12B.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of
the work. Contractor shall at all times have a competent field
supervisor on the job site to enforce these policies and procedures at
the Contractor's expense.
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
notice prior to the beginning of work under this Agreement and prior to
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any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local laws
and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Contractor, its
employees, agents or subcontractors, if any, with respect to the work
and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work under
this Agreement including, but not limited to, Workers' Compensation,
Commercial General Liability, and all other insurance as required by the City,
including Professional Liability when appropriate. Contractor shall maintain
such insurance in full force and effect during the life of this Agreement.
Contractor shall provide to the City's Risk and Safety Manager certificates of
all insurances required under this section prior to beginning any work under
this Agreement. The Contractor will ensure that all subcontractors comply
with the above guidelines and will retain all necessary insurance in force
throughout the term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after City
execution of the Agreement and not later than ten (10) days after the date that Contractor
receives the City's Notice to Proceed. The work shall be substantially completed within fifty-
six (56) calendar days from the date of issuance of said Notice to Proceed.
5) Contract Sum
The Contract Sum for the above work is Seventy Eight Thousand, Nine Hundred
twenty-five Dollars and no cents ($ 78,925.00).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoices. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete_ Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and final
inspection of the work. Invoices must bear the project name, project number, bid number
and purchase order number. City has up to thirty (30) days to review, approve and pay all
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invoices after receipt. The Contractor shall invoice the City and provide a written request to
the City to commence the one (1) year warranty period. All necessary Releases of Liens
and Affidavits shall be processed before the warranty period begins. All payments shall be
governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218.
7) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted
by all suppliers, subcontractors, and/or Contractors who worked on the project that is the
subject of this Agreement. Payment of the invoice and acceptance of such payment by the
Contractor shall release City from all claims of liability by Contractor in connection with the
agreement.
8) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of completion of work. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible for
any damages caused by defect to affected area or to interior structure. The one (1) year
warranty period does not begin until substantial completion of the entire project, and the
subsequent release of any Performance or Payment Bonds, which may be required by the
original bid document.
9) Indemnification
9.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of or occurring in connection with the operations of the Contractor
or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful
misconduct of the City or its elected or appointed officials and employees.
The above provisions shall survive the termination of this Agreement and
shall pertain to any occurrence during the term of this Agreement, even
though the claim may be made after the termination hereof.
9.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason,
the terms and conditions of this Article shall survive indefinitely.
i. The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees) and costs.
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ii_ City reserves the right to select its own legal counsel to conduct any
defense in any such proceeding and all costs and fees associated
therewith shall be the responsibility of Contractor under the
indemnification agreement.
9.3 Nothing contained herein is intended nor shall be construed to waive City's
rights and immunities under the common law or Florida Statutes 768.28, as
amended from time to time.
10) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color, gender,
national origin, sex, age, marital status, political affiliation, familial status, sexual orientation,
or disability if qualified. The Contractor will take affirmative action to ensure that employees
are treated during employment, without regard to their race, religion, color, gender or
national original, or disability. Such actions must include, but not be limited to, the
following. employment, promotion; demotion or transfer; recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of this nondiscrimination
clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any,
will be made aware of and will comply with this nondiscrimination clause.
11) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to,
the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment
Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance law. The Contractor shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out Contractor's
activities and responsibilities hereunder provided, further that administrative procedures
applicable to services rendered under this Agreement shall be those of Contractor, which
policies of Contractor shall not conflict with City, State, or United States policies, rules or
regulations relating to the use of Contractor's funds provided for herein. The Contractor
agrees that it is a separate and independent enterprise from the City, that it had full
opportunity to find other business, that it has made its own investment in its business, and
that it will utilize a high level of skill necessary to perform the work. This Agreement shall
not be construed as creating any joint employment relationship between the Contractor and
the City and the City will not be liable for any obligation incurred by Contractor, including
but not limited to unpaid minimum wages and/or overtime premiums.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
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without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
13) Notice
Whenever either party desires or is required under this Agreement to give notice to
any other party, it must be given by written notice either delivered in person, sent by U.S.
Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as
follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City -Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Carltons Tree Service Inc.
622 SE Essex Drive
Port St. Lucie, FL 34984
Mr. Daniel C. Carlton, President
14) Termination
14.1 Termination for Convenience: This Agreement may be terminated by the
City for convenience, upon seven (7) days of written notice by the terminating
party to the other party for such termination in which event the Contractor
shall be paid its compensation for services performed to termination date,
including services reasonably related to termination. In the event that the
Contractor abandons this Agreement or causes it to be terminated,
Contractor shall indemnify the city against loss pertaining to this termination.
14.2 Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should
the Contractor neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
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15) Uncontrollable Forces
15.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable
Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid. The term "Uncontrollable Forces" shall mean
any event which results in the prevention or delay of performance by a party of
its obligations under this Agreement and which is beyond the reasonable
control of the nonperforming party. It includes, but is not limited to fire, flood,
earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
15.2 Neither party shall, however, be excused from performance if nonperformance
is due to forces, which are preventable, removable, or remediable, and which
the nonperforming party could have, with the exercise of reasonable diligence,
prevented, removed, or remedied with reasonable dispatch. The
nonperforming party shall, within a reasonable time of being prevented or
delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
16) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the City
of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
17) 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.
18) 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.
19) 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.
20) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the
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City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
21) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise accrue
to the benefit of any party to the Agreement, and each party expressly waives the right to
assert such a presumption in any proceedings or disputes connected with, arising out of, or
involving this Agreement.
Remainder of Page Intentionally Blank
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Cify of lai ;_arac Fwchasinq ml cu fr<tr F'ivision
..... --
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:
I�
Marion Swens , CMC
City Clerk
&1101_o .
Dbte
of Corporate Secretary
" I py11 ca a r l lun
�T a/Print Name of Corporate Sec
YP �P Y•
(CORPORATE SEAL)
CITY OF TANIARAC
7,
—�
Beth Flansbaum-Talabisco,'Mayor
D to
*—effrey7V6RIFer, City Manager
D to
Appr e a farm and legal sufficiency:
Ci tt r
Date
Carltons Tree Service Inc.
Company Name
Signature of President/Owner
Daniel C. Carlton President
Type/Print Name of President/Owner
Date
-T—/Z Yla 6
rq
i
Dfq ji F�-
1
CORPORATE ACKNOWLEDGEMENT
STATE OF n6f -1 Aev__
^ :SS
COUNTY OF + couka -- :
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
Daniel C. Carlton, President, of Carltons Tree Service, Inc.,
a Florida Corporation, to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of M cw 94 , 20 N
JE ICA ALGANTARA Signature of Notary Public
NOTARY PUBLIC • STATE OF FLORIDA State of Florida at Large
COMMISSION # DD419328
EXPIRES 4/17/2009
BONDED THRIJ 1-888-NOTARYt
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
a
Addendum to Page One, Paragraph One, Contractor's address:
The zip code is 34984