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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-0021 1 Temp. Reso. 10309 Page 1 of 4 December 9, 2003 Rev.#1, December 22, 2003 Rev.#2, December 30, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID NO. 04-06B FOR PHASE 5A OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM TO WEEKLEY ASPHALT PAVING, INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WEEKLEY ASPHALT PAVING, INC. FOR SAID WORK; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $390,013.77 WHICH REPRESENTS A CONTRACT AWARD OF $354,557.97 AND A PROJECT CONTINGENCY OF $35,455.80; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS OR REVISIONS TO THE PHASE 5A WORK PLAN PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved the Seven Year Comprehensive Street Improvement Program through the approval of Resolution No. R98-227; and WHEREAS, four phases of this Program, totaling approximately 114 miles of City streets have been completed; and WHEREAS, the rehabilitation of an additional 6.6 miles of roads as a part of this Program is being proposed as Phase 5A; and WHEREAS, the City of Tamarac publicly advertised Bid No. 04-06B for Phase 5A of the Seven Year Comprehensive Street Improvement Program in the Sun -Sentinel on November 2"° and 91h 2003; and WHEREAS, on November 25, 2003, seven (7) bids were opened and reviewed in Temp. Reso. 10309 Page 2 of 4 December 9, 2003 Rev.#1, December 22, 2003 Rev.#2, December 30, 2003 order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Weekley Asphalt Paving, Inc. provided the lowest responsive and responsible bid for Phase 5A of the Seven Year Comprehensive Street Improvement Program, a copy of the bid tabulation and Bid are hereto attached as Exhibit 1; and WHEREAS, available funds exist in the Seven Year Comprehensive Street Improvement Program budget for the aforesaid purpose; and WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City award Bid No. 04-06B to Weekley Asphalt Paving, Inc., for Phase 5A of the Seven Year Comprehensive Street Improvement Program in the amount of $354,557.97 and further recommend authorizing of a 10% construction contingency of $35,455.80 to account for variances in quantities and unforeseen field conditions; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid #04-06B to Weekley Asphalt Paving, Inc., for Phase 5A of the Seven Year Comprehensive Street Improvement Program and authorize an expenditure in an amount not to exceed $390,013.77. 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 1 1 1 Temp. Reso. 10309 Page 3 of 4 December 9, 2003 Rev.#1, December 22, 2003 Rev.#2, December 30, 2003 confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid No. 04-06B for Phase 5A of the Seven Year Comprehensive Street Improvement Program to Weekley Asphalt Paving, Inc. is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute the Agreement between the City of Tamarac and Weekley Asphalt Paving, Inc., for Phase 5A of the Seven Year Comprehensive Street Improvement Program, a copy being hereto attached as Exhibit 2. SECTION 4: An expenditure in an amount not to exceed $390,013.77 is hereby authorized which represents a contract award of $354,557.97 to Weekley Asphalt Paving, Inc. and a project contingency of $35,455.80. SECTION 5: The City Manager is hereby authorized to make additions, deletions or revisions to the Phase 5A work plan pursuant to Section 6-156 of the Code of the City of Tamarac. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 8: This Resolution shall become effective immediately upon its Temp. Reso. 10309 Page 4 of 4 December 9, 2003 Rev.#1, December 22, 2003 Rev.#2, December 30, 2003 passage and adoption. PASSED, ADOPTED AND APPROVED this 14t" day of January, 2004. /_T1111111439 V� MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. t MITCF LL S. t<RAFT / CITY ATTORNEY r OE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAI. DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS ISCO 1 1.1 EXHIBIT 1 Ta ic::r. 19 it 0 w a t- z W a w � O 9 a 6q9 W w H cn a 9 W N 2 a WLn ti N W N W N W V1 W to W U) W W W W W N h f, o �w 0 m a m Y 7W^ Z ?W- U a W W W W W W W W W W W W A 0 Y Y } y a co r LO IR J r It w W N7 fA W N fh W CO) W U)N W W U)0 W W U W � W jL cq v cn a M � 0 v, V W W W W W W W W W W W W CL acoin 4& c� eta co o N W W W Vl N N W W N W W N W V) W to W V) W = IL J Ln W W W W W 0 W vJ W N W N W W 0 r w V) ui W a 4 Y I,-Y r ?� Y Y r Y r ua CL i LU V Y W LLI N w _ � 2 Z Y M 3 U 0 v� J Z 0 g 0 LL w W z a U. LU Z _ 9 W. N W a z � �- Z 0 � .� C9 N Z a � U m Q Q o & J 0 16 0 W Z w z 2 W lL' p 0 Z W W 2 p G] O J W la— AC o O A a~C W o t v w N a v v 0 z � a m 0 J a 0 w a a o_ 0 U a LU U) z J Q U_ LL LL Z M W a m cc F- m J Q INVITATION TO BID o M II 1i � I i C pP OR1 _, BID 04-06B Phase 5A Street Improvement Program Issued on behalf of the Public Works Department City of Tamarac Purchasing Division 7525 NW 881" Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 � r„; .-.. ......... _........... ....-- TABLE OF CONTENTS Bid 04-06B Invitationto Bid......................................................................................................2 Instructions to Bidders...........................................................................................3 General Terms and Conditions.............................................................................3 Instructions to Offerors........................................................................................11 SpecialProvisions...............................................................................................18 Technical Specifications -- General Provisions....................................................45 Technical Specifications — Pavement and Pavement Marking ............................47 Bid Coversheet Checklist....................................................................................55 BidForm.........................................................................................................1 of 6 Non -Collusive Affidavit...................................................................................1 of 2 Certification....................................................................................................1 of 1 Offeror's Qualification Statement...................................................................1 of 5 References.....................................................................................................1 of 1 Vendor Drug -Free Workplace........................................................................1 of 1 List of Subcontractors.....................................................................................1 of 1 BidBond.........................................................................................................1 of 2 Certified Resolution........................................................................................1 of 1 FormPayment Bond......................................................................................1 of 3 FormPerformance Bond................................................................................1 of 4 Application for Payment.................................................................................1 of 1 ChangeOrder................................................................................................1 of 1 Final Release of Lien by Contractor...............................................................1 of 2 Standard Form of Agreement.........................................................I...............1 of 7 ...... .......... ..... _... ..... ........... _...... _... _.... _........ _......... ........ ._...... ... ...... ...._.._..................._..._..... 1 Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" INVITATION TO BID BID NO. 04-06B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, Room 108, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM on November 25, 2003 at which time bids will be publicly opened and announced for: PHASE 5A STREET IMPROVEMENT PROGRAM Late bids will not be accepted. Official time is measured by the time stamp in the Purchasing Office. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the bid opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Two (2) photocopies should accompany your original. Bids shall be submitted on the official Bid Form furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid 04-06B, Phase 5A Street Improvement Program" on the outside of the envelope. A Pre -Bid Conference will be held on November 14, 2003, at 2:00 PM in Room 105, Tamarac Municipal Complex, 7525 NW 88tl' Avenue, Tamarac, Florida. It is strongly recommended that all parties interested in bidding attend this meeting. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. The work consists of Contractor furnishing all labor, materials, tools, and equipment necessary to provide hot -mix asphalt laid -in -place as per the conditions and specifications contained in this document. 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 may be obtained from the Purchasing office. For non -technical inquiries, contact the Purchasing Office (954) 724-2450; and for technical issues, contact Jean Dupuis, Project Manager, at (954) 724- 1357. Keith K. Glatz, CPPO Purchasing & Contracts Manager Publish Sun Sentinel: Sunday, 11/02 and 11/09/2003 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.famarac.org Equol Opportunity Employer ..'.'y;�7r7C f ,. . INSTRUCTIONS TO BIDDERS 1:110l.RNIZ111I.1c3 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 of Tamarac. DESCRIPTION OF WORK The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish a Unit Price Contract for hot -mix asphalt laid -in -place as per the conditions and specifications contained in this document. 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 Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, by 2:00 PM, Tuesday, November 25, 2003. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number and bid name 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 packet. The Bidder shall submit one (1) original bid document prior to the bid opening deadline. Two (2) copies should accompany the original; however, copies must be provided within three (3) days of the City's request. 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 quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety (90) days from the date of the bid opening unless otherwise stated by the City. I r T 1 f t3�:i,- l •� ... J,"l,.7 BT., 2. BID GUARANTEE An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the City of Tamarac in amount not less than 5 % (percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. A Bid Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 3. 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 City Purchasing Office. 4. PUBLIC ENTITY CRIMES FORM 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 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. 4�►Is] ►Q0%1WItI -1kv:/1a;T117--PLI Each Contractor shall complete the Non -Collusive Affidavit and shall submit the form with the 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. 6. QUANTITIES If bid contains quantities, they reflect 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. 7. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. 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 shall enter zero (0) for the percentage discount to indicate net 30 r, 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 to be made on the date of the mailing of the check. 8. DELIVERY All items shall be delivered F.Q.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. Substantial completion of the project shall be within 120 calendar days from receipt of Notice to Proceed. Final completion shall be within 30 days of the date for Substantial completion. 9. BRAND NAMES Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. Approved equal is added to the specifications to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit specifications in detail and/or samples to the Consultant within seven (7) days of bid opening. The City or the City's designated project manager shall be the sole judge determining equality issues. 10. 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. 11. 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. 12. 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. f` c� citycf T'Eatr anric r4:!";;'•ifit" 3+" r .C:17`t'�'.;i:i LJJv!i;iC'" ,F. 13. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. In compliance with Chapter 442, Florida Statutes, any toxic substance delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet should also be submitted to the City of Tamarac Risk Management Division, 7525 NW 881h Avenue, Tamarac FL 33321-2401. 14. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the 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. 15. DEFAULT In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub - Contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or N fS ti.ti 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. HMNEF.&--.ylell'h *k1 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. 18. 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. The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 21. SITE INSPECTION It shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. 22. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 23. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are i ---- --- --- .,y..t :.:3r.,., •,, ._..._._.._. '` 'a , ,.�n�:;: acts wi.;ian 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 Manager 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 Risk & Safety Manager 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 that the Bidder agrees to maintain during the term of this contract: Line of Business/ Coverage Commercial General Liability Limits Occurrence Aggregate $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability Installation Floater/Builder's Risk Insurance: 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 with a deductible of not more than $5,000 (five thousand dollars) per claim. 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 coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per 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 - --- ----- .. _.....------- ------ ...................-- . _._.------ a Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 24. 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. 25. CLARIFICATION TO TERMS AND CONDITIONS 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. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26. BID TABULATION Bidders who wish to receive a copy of the bid tabulation can submit an e-mail to urchasin tamarac.or . Or, Bidders may download bid results from the City's website at httg://www.tmarac.org/Dept/fiin/purch/resuIts.htm1. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 27. 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. 28. LICENSES To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses: - State of Florida license for either General Contracting or Engineering; or, - Broward County Engineering license. ... ... .......... .... _..... ...... ... _.__.___._..._..---_.......__... _ ._.._....--- ..--- 10 ClitY"'v"! T:?�"....'v:; (_~ r�•' �,, -'?. ,..y' INSTRUCTIONS TO OFFERORS BID 04-06B PHASE 5A STREET IMPROVEMENT PROGRAM 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified foreman present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the W rF 4 f City i j _i •r �.'r7 �1' r' •i5 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 Utilities Engineering Department by telephone at (954) 724-2506 or assigned project manager and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Building 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 identified in the Technical Specifications. Cost of permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. Permit fees shall be reimbursed by payment through the Contingency Allowance, if applicable. 5. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the engineering plans prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized him/herself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the either the City's hired consultant for this project, and/or project management of the City's Utilities Department 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 proper written authorization from the project manager/consultant 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, 7:30 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 12 x _.. _.._.._. __.._. ,. ....__._ 1 - -. _ 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 Award. 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 shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 9. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. 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. 10. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 11. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 13 0 ::n:csldC ijf .: 1 CHANGES IN THE WORK/CONTRACT PRICE 12. 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 Project Manager. 12.1 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 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. CHANGES IN CONTRACT TIME 13. 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. 13.1 Notice Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party at least fifteen (15) days prior to the substantial completion date of the project. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.2 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 14 •r-x h' rr1 "r rj ,; . f .F7 /''r :•.�� until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 14. 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 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. 15. LIQUIDATED DAMAGES Upon failure of Contractor to complete the work within the time specified for completions, (plus approved extensions if any), Contractor shall pay City the sum of $500.00 for each calendar day that the completion of the work is delayed beyond the time specified in the contract for completion, as fixed and agreed liquidated damages, and not as a penalty. 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 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 Contractor to complete the contract on time. Regardless of whether or not a single Contract is involved, the above -stated liquidated damages shall apply separately to each portion of the work for which a time of completion is given. 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 be responsible for reimbursing City, in addition to liquidated damages or other per day damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Contractor whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. Contractor may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event Contractor has been either terminated from or has abandoned the project prior to 15 City^i r�._,.......... .., •� _,. �..........�.- J completion, this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages. 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. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. 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 amount. 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. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 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 to locate 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 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. 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 utilities 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 in writing seven (7) working days prior to the scheduled construction. The engineer 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. 20. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Bid Schedule. 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. ,i or SPECIAL PROVISIONS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish a Unit Price Contract for hot -mix asphalt laid -in -place as per the conditions and specifications contained in this document. The City of Tamarac is undertaking a Seven -Year Comprehensive Street Improvement Program. Under this program all city streets (approximately 125 miles) will be resurfaced. The Program Started in 1998 and shall continue until 2005. Quantities in this contract include Phase V-A, which shall consist of approximately 6.6 miles of residential road as shown in Table 1, and Figure 1. Phase V-A shall be completed within 120 days from the Notice to Proceed. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 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 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 Engineer/Project Manager which is used by 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 CONTRACTOR and 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. 2.6 Contract Documents — The Contract Documents consist of the Drawings, Bidding Requirements, Non -Collusion Affidavit, Public Entity Crimes Form, Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and Clyof f' `} supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. 2.7 Contract Times — The number of days or dates 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 Engineer's/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 Work to be performed and 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 "Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Times. 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 CITY to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform 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 city')f Vl�l N, w 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 CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the CITY'S acceptance of the job. 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 CONTRACTOR issued on or after the effective date of the Agreement and signed by CITY and recommended by 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 CITY and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non - Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 4. 5. 6. n ��t r ~r ...... ..... ..... . .... .. . ....... ...... . .. a) Special Provisions b) Technical Specifications c) Instructions to Bidders and General Terms and Conditions d) 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. 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, which 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 CITY, CONTRACTOR, or any of their consultants, agents or employees from those set forth in the Contract Documents. 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 ENGINEER/PROJECT sample; or 5.2 ENGINEER/PROJECT clarification. CONTRACT PERIOD MANAGER'S approval of a shop drawing or MANAGER'S written interpretation or The City term is currently anticipated to be 120 days following the issuance of the City's Notice to Proceed. The City reserves the right to grant extensions of contract time in the event that delays occur due to no fault of the Contractor. _ ..... ........... ._..- . 7. CONTRACTOR'S RESPONSIBILITY 7.1 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. 7.2 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. 7.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 7.4 The Contractor shall assign to the work site at least one (1) supervisor at all times who shall be FDOT Certified Asphalt Technician and capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available for after work hour emergencies and capable of making appropriate decisions. 7.5 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 Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under Contractor. 7.6 The Contractor shall be aware that the job is subject to vehicular and pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable representative of the City of Tamarac in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. The Contractor, who is fully and totally responsible for security, shall secure any materials or equipment left on site. 7.7 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. •a T R ..'IK 4 I 7.8 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. 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. 7.9 Before beginning the Work or undertaking each component part of the Work, Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. Contractor shall promptly report in writing to Engineer/Project Manager and City any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer/Project Manager before proceeding with any Work affected thereby. 7.10 The Contractor shall assist the City and Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 7.12 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 7.13 The Contractor shall keep the City and Engineer/Project Manager informed of the progress and quality of the Work. 7.14 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 7.15 The Contractor shall correct all Work, which does not conform to the Contract Documents. 23 T it�l'JT r 3t, ,;•3;> <3 t P."<7r;.'"i ice'✓ r:?I; \4r� 7.16 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 7.17 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.18 Without limiting the foregoing, Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees, which shall be waived except for fees the City is required to remit to other governmental agencies. 7.19 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 7.20 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. 7.21 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 Work Directives must be approved by City Manager or designee identified as such in writing in accordance with contract Documents. 7.22 The Contractor shall maintain in good order 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. 8. FAMILIARITY WITH THE TOTAL SCOPE OF PROJECT AND STREETS 8.1 The Contractor shall be familiar with the total scope of the project, interpretation of the plans/drawings, if any, and the streets prior to commencement of any work. City will not provide any elevations for reference. Contractor shall be responsible for all layout including establishing proper grades to maintain or improve the existing stormwater flow. In case of any questions or conflict, they must be brought to the attention of the 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 Contractor's failure to comply with this requirement. 8.2 Contractor shall be responsible for locating all utilities that may interfere with this resurfacing program. Contractor shall be responsible for repair and restoration of all utilities and utilities appurtenances or any other items damaged during resurfacing. 8.3 By execution of the Agreement, 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. 9. SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, Contractor shall submit to Engineer/Project Manager for review and approval five (5) 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 Engineer/Project Manager to review the information as required. 9.2 Contractor shall also submit to 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. 9.3 Before submission of each Shop Drawing or sample, 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. 9.4 At the time of each submission, Contractor shall give 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 Engineer/Project Manager c., .. .. ram.. , ?3.i.,,.., <7 �". • ('!:! for review and approval of each such variation. Failure to point out such departures shall not relieve Contractor from his responsibility to comply with the Contract Documents. 9.5 Approval of the Shop Drawings by Engineer/Project Manager shall be general and shall not relieve 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(s) shall be done until the Engineer/Project Manager has approved the drawing(s). 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. 10. SUBCONTRACTORS SUPPLIERS AND OTHERS 10.1 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. Contractor shall not change a Subcontractor, person or entity previously selected if City makes reasonable objection to such change. 10.2 Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers. Additionally, acts of other persons and/or organizations performing or furnishing work under a direct or indirect contract with the Contractor may be liable. Nothing in the Contract Documents shall create any Contractual relationship between City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due to any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 11. CITY'S RESPONSIBILITIES 11.1 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. 11.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities, as the City deems necessary. 2r5 City of . 11.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 11.4 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. 11.5 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. 11.6 The City shall communicate with subcontractors only through the Contractor. 11.7 City shall furnish data required of City under the Contract Documents promptly. 11.8 Except for permits and fees, which are the responsibility of Contractor, City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 If the Work is defective, or 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, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the work shall not be cause for a time extension of contract. 12. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 12.1 Engineer/Project Manager or his designee will be City's representative during the construction period and until final payment is due. 12.2 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 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, Engineer/Project Manager shall keep City informed of the progress of the Work and shall endeavor to guard City against defects and deficiencies in the Work. 12.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should Contractor fail to request interpretation of items Contractor determines to be questionable in the Contract Documents neither City nor Engineer/Project Manager will thereafter entertain any excuse for 27 a:, ) failure to execute the Work in a satisfactory manner based upon such a reason or claim. 12.4 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 City, and also on Contractor who shall perform the Work involved promptly. 12.5 Engineer/Project Manager or Designee will have the authority to disapprove or reject Work that 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. 13. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL Although the City will make every effort to provide suitable areas, including public right-of-way, to store equipment and material it shall be Contractor's responsibility to find and secure suitable and safe locations for this purpose. Restoration of all storage areas shall be Contractor's responsibility. Woodlands is an older subdivision where right-of-way space is limited to the general width of the road. Staging areas will be difficult to establish and will have to be identified prior to the beginning of work. Contractor must coordinate his efforts with the Woodlands Homeowners Association and Golf Course Organization members to find acceptable storage locations. 14. CLEANUP AND RESTORATION 14.1 During and after completion of all asphalt work, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of dust and loose material. Leftover or excessive emulsion, asphalt, aggregate, etc. must be completely removed from the work and other affected areas at no expense to the City. It shall be 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 Contractor's expense. 14.2 Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 14.3 The project site and all adjacent areas 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. 1 City" of ! •,.' ........ .,l 7. !:?, ,. r 3I'c:/ r'nr 13i;1.; +�.''rR;:n 4�F 14.4 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 City's written notice. 14.5 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. 15. 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. 15.1 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 15.2 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. 15.3 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 15.4 In the event that the Contractor does not immediately repair, to the satisfaction of the City, damage to public and/or private property, 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. 16. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 16.1 Unless noted otherwise, Specifications and Special Provisions contained in this Contract shall supersede any other specifications or provisions of FDOT or any other agency noted in the Contract Documents. In case of conflicts, the most stringent provisions shall prevail. 29 ,r taut i ...r 1 16.2 The Contractor shall immediately bring to the attention of the Project Manager any conflicts, discrepancies or ambiguities between the Specifications and Special Provisions listed in the Contract Documents. Failure to do so shall result in the interpretation made by the Public Works Director or Designee whose decision shall be final. 17. MIX DESIGN MATERIAL TESTING AND EVALUATION 17.1 Within ten days after the award of the Contract, the Contractor at its own expense, shall submit a mix design, certified by an independent registered professional engineer in the State of Florida, to the Public Works Director or Designee prior to commencement of any work. An independent testing laboratory employed by the City shall perform all testing and evaluation. 17.2 The Contractor shall provide the City at least 48-hour advanced notice prior to conducting any testing. Mix design, material testing and evaluation shall follow the guidelines as stipulated in the FDOT Standard Specifications for Road and Bridge Construction, most recent edition. However, the City intends at a minimum to test each street or every 500 feet, as the case may be. 17.3 Contractor shall have FDOT Certified Asphalt Plant Technician for quality control purposes. Other requirements as specified by FDOT specifications shall remain in effect. 18. BASIS OF PAYMENT UNIT PRICES AND RIGHT TO CHANGE QUANTITIES 18.1 Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items, and shall be based upon the actual quantities placed. 18.2 Payment of leveling course, in place and accepted, shall be made at the contract price per ton. Payment of top surface course, in place and accepted, shall be at the contract price per ton. Quantity control for payment for leveling course shall be based upon the delivery truck tickets submitted to the City's representative at the site. Compacted top surface course shall be at least 100 pounds per square yard per inch thick. 18.3 Quantities, as identified in the Schedule of Quantities and Price section, are for estimate and bidding purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. 18.4 The City reserves the right to add or delete any item and adjust the contract quantities based upon the contract unit price which best serves the interest of the City. No other adjustment shall be allowed unless approved in advance by the City, 3r; 19. 20 21 ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the resurfacing after the materials have cured and are open to traffic. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any resurfaced or adjusted area which is found to be raveling, cracking, peeling off, stripping under traffic, etc. shall be rejected and shall be removed and resurfaced by the Contractor at no expense to the City. TESTS AND INSPECTIONS 20.1 Contractor shall give City timely notice of readiness of the Work for all required inspections, tests or approvals. Contractor shall assume full responsibility, pay all costs in connection therewith and furnish City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 20.2 City inspectors shall have no authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 20.3 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. CORRECTION OR REMOVAL OF DEFECTIVE WORK 21.1 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 Substantial Completion and whether or not fabricated, installed or completed, and shall correct Work under this Agreement found to be defective or nonconforming within a period of one year from the date of final acceptance of the Work or designated portion thereof, or within such longer period provided by any applicable special warranty in the Contract Documents. 21.2 City shall provide 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. 21.3 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; 3, City of 7�., \t,T�Fr 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. 21.4 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 for 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. 22. PROGRESS PAYMENTS 22.1 The Contractor shall deliver to the City itemized Applications for Payment. 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. 22.2 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. 22.3 Ten percent (10%) of all monies earned by the Contractor shall be retained by the City until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 32 C ij :f T: 'Ir5'Cr. 22,4 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. 22.5 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. 22.6 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. 22.7 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. 22.8 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. 22.9 The Contractor may apply for the return of the retainage held pursuant to Section 22.3, 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. The requirements of retainage include the following: 22.9.1 Repair and/or replacement of faulty or defective Work. 22.9.2 As -built drawings are submitted to and accepted by the City. e 22.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 22.9.4 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. 22.9.5 Release of Lien is submitted and accepted by City. 22.9.6 Contractor's completion of Punch List. 22.9.7 Warranties are submitted to and accepted by CITY. 23. CHANGE QUANTITIES/CHANGE ORDERS 23.1 City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment, Change Order or Work Change Directive. 23.2 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 City or which extend the time for completion, must be formally authorized by City. 23.3 No claim against 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. 23.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 23.5 Proposed Change Orders shall be based on written notice with supporting data delivered by Contractor to City. City shall then prepare such Change Orders on forms provided by City. When submitted for approval, they shall carry the signature of the Director of Public Works or Designee and the Contractor. 23.6 If City and 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. 23.7 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. 23.8 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 :4 C ;r. r rti! r•ar Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 23.9 Any claim for adjustment in the Contract Price shall be based upon written notice delivered by the party making the claim to the other parties and to 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 will be valid if not submitted in accordance with this Paragraph. 23.10 The cost or credit to City from a change in the Work shall be determined by one or more of the following ways: 23.10.1 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; 23.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 23.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 24. 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. 25. FINAL INSPECTION Upon written notice from Contractor that the Work is or an agreed portion thereof is complete, City and Engineer/Project Manager or Designee will make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 26. FINAL APPLICATION FOR PAYMENT 26.1 After Contractor has completed all such corrections to the satisfaction of City and 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 Engineer/Project Manager has indicated that the Work is acceptable, 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) 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 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, Contractor may furnish a bond satisfactory to City to indemnify City against any such lien. 26.2 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. Final payment to Contractor shall not be made until said drawings have been reviewed and approved by Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to Contractor for changes or modifications if in the opinion of Engineer/Project Manager they do not represent correct or accurate "As -built" drawings. 27. FINAL PAYMENT AND ACCEPTANCE 27.1 If, on the basis of Engineer/Project Manager's observation of the Work during construction and final inspection, and Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, Engineer/Project Manager is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing Engineer/Project Manager's recommendation of payment and present the Application to City for payment. Thereupon Engineer/Project Manager will give written notice to City and Contractor that the Work is acceptable. Otherwise, Engineer/Project Manager will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to City of the Application and accompanying documentation, in appropriate form and substance, and with Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by Engineer/Project Manager will become due and will be paid by City to Contractor. 27.2 If, through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so confirms, City shall, upon receipt of Contractor's final Application for Payment and recommendation of Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 27.3 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 issued by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by City except those arising from: 27.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 27.3.2 Faulty or defective Work and latent defects discovered after acceptance. 27.3.3 Failure of the Work to comply with the requirements of the contract documents. 27.3.4 Terms of special warranties required by the contract documents. 27.3.5 Any of Contractor's continuing obligations under this Agreement. 27.4 The acceptance of final payment by 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. 28. CITY'S RIGHT TO WITHHOLD PAYMENT 28.1 The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 28.1.1 Defective Work not remedied. 28.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 28.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 28.1.4 Damage to another Contractor not remedied. 28.1.5 Liability for liquidated damages has been incurred by the Contractor. 28.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. :3' 28.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 28.1.8 Failure to carry out the Work in accordance with the Contract Documents. 28.2 When the above grounds are removed or resolved or the Contractor provides a surety bond or a 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. 29. WARRANTIES 29.1 Not withstanding any provisions of the FDOT Specifications for Road and Bridge Construction, most recent edition, Contractor shall warranty the soundness of all work including resurfacing for at least one year after the date of final acceptance of work. Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. 29.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 29.3 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. 29.4 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. 30. CORRECTION PERIOD 30.1 Contractor warrants all material and Workmanship for a minimum of one (1) year from date of acceptance by the City. If within one (1) year after 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 City, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective Work, or, if it has been rejected by 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 Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause ,a8 City of - ... _..__.... L....... .... . ... . ```y, serious risk of loss or damage, 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 Engineer/Project Manager, attorneys and other professionals) will be paid by Contractor. 30.2 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 of one (1) year after such correction or removal and replacement has been satisfactorily completed. 30.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations, which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Section 30.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 31. CONTRACT TIME 31.1 Time is of the Essence for Work performed under the Contract. The Work under Phase V-A, as identified in the Schedule of Quantities Section shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed within 120 days. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this contract and subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with the Liquidated Damages provisions of the Agreement with the City. 31.2 The Contractor shall provide services as expeditiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 31.3 Time limits stated in the Contract Documents shall be strictly adhered to. The Work to be performed under this Agreement shall commence as directed in the Notice to Proceed unless otherwise agreed in writing. 31.4 Contract Time may only be changed by a properly and fully executed change order, which shall exist prior to the extension of the Contract Time. 31.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party at least fifteen (15) days prior to the substantial completion date of the tea,City ��f Tamarac f, project. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. 31.6 Extension of time shall be considered and will be based solely upon the effect of delays to work as a whole. Extensions of time shall not be granted for delays to work, unless Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of the 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 Construction Schedule. Time extensions shall not be granted until all float or contingency time, resulting from the early completion of work on the critical path, available to absorb specific delays and associated impacts is used. 31.7 Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, or extended overhead arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of City or its agents. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusable Events of Delay": 31.7.1 An act, delay or order of the City obstructing or delaying the CONTRACTOR in the commencement, prosecution or completion of a Project activity other than an act, delay or order issued by the City reasonably in good faith in its role as a Government regulator or actions reasonably taken by the City in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection shall be deemed an Excusable Event of Delay to the extent that performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or negligence of the Contractor or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other term or condition of this Contract. 31.7.2 Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the Contractor or attributable to the Contractor), floods, epidemics, quarantine restrictions and freight embargoes. 31.7.3 Strikes which are unforeseeable or beyond the control of the Contractor to prevent and which are not the result of any or negligence of the Contractor, but only if the Contractor takes 40 01%Jf TL a reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. 31.7.4 Weather conditions exceeding normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale weather station. 31.7.5 The City acting reasonably, will determine the number of days, if any, that the Contractor has been delayed. Any disputes over the number of days, if any, that the Contractor has been delayed shall be resolved in accordance with the Dispute Resolution provisions. In addition, the Contractor shall continue performance of the Contract Documents. 31.8 When any period of time is referred to in the Contract Documents in days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 32. CONSTRUCTION SCHEDULE 32.1 Within 10 days after the effective date of this Agreement the Contractor shall submit for the City's approval, the Contractor's construction schedule for the Work identifying the critical path. The Construction Schedule shall be revised and updated for City approval to reflect any granted time extensions. The City shall not approve any unreasonable schedule. The Construction Schedule of Work and all subsequent changes thereto shall be submitted to the City in advance of the required performance. The Construction Schedule of Work shall not exceed the time limits current under the Contract Documents, The Contractor must schedule the prompt obtaining of any required permits. 32.2 The construction schedule shall be in the form of a tabulation, chart or graph, in Microsoft Project 98 format, and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. An electronic copy shall be given to CITY upon request. 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. The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of J.�t. a C11Y f %2t ,i ' .f (�. C r!i I' fourteen calendar days on all submittals, shop drawings and all requests for information. 32.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 32.4 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. 32.5 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. 32.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if Engineering/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineering/Project Manager a revised construction schedule for approval. 33. PROTECTION OF PERSONS AND PROPERTY 33.1 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. 33.2 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. 33.3 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. 33.4 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 Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 33.5 All unit prices provided by Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 42 cit j 0f T91 * 'iC 1' •J ; 7 Ct.' i r.. 33.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 33.7 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. 34. TRAFFIC CONTROL AND WORKING HOURS 34.1 The Contractor shall be responsible for maintaining all traffic controls during the entire period of resurfacing. All traffic controls shall conform to Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest editions and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work should be avoided during peak traffic hours. Working hours are set between 8 A.M. to 6 P.M. Any deviation shall be approved in advance by the City. 34.2 Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 34.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 34.4 All unit prices provided by Contractor as a part of this Bid shall include all cost relating to the Maintenance of Traffic including any and all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. 35. HURRICANE & SEVERE WEATHER PRECAUTIONS 35.1 At the direction of the Project Manager, the Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 35.2 All construction materials or equipment will be secured against displacement by wind forces. J3 4Ov-, --.-......_.............--- -: 36. WORK BY CITY OR CITY'S CONTRACTORS 36.1 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. 36.2 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. 36.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. City of 1. 2 .� z TECHNICAL SPECIFICATIONS GENERAL PROVISIONS BID 04-06B APPLICABLE CODES, STANDARDS AND SPECIFICATIONS Unless noted else where in the Contract Documents, All construction and materials furnished under this Contract shall be in strict accordance with the applicable provisions of the following: The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction", Latest Edition 0 U.S.D.O.T. "Manual on Uniform Traffic Control Devices for Streets and Highways", Latest Edition • American Association of State Highway Transportation Officials (AASHTO), • American Society for Testing and Materials (ATSM) City of Tamarac, Engineering Minimum Standards, Latest Edition • Broward County, Engineering Minimum Standards, Latest Edition • Applicable City, State, and County Codes Pre -Construction After a contract has been awarded a pre -construction meeting shall be held before the start of work. Representatives of the City, the Contractor's Project Manager and Superintendent, and City's Design Consultant shall meet to discuss construction issues and how work is to be progressed. The agenda shall include but not be limited to the following topics: • Project schedule, order of work, critical items and work sequencing • Review of technical specifications • Testing, Inspections and Engineering Approvals • Work to be performed by subcontractors • Project contacts and communication procedures between contractor, City staff and City's Design Consultant. • Permitting and coordinating issues with the City and other agencies. • Safety and Maintenance of Traffic • Site conditions and conflicts • Storage of construction material and equipment Processing of field decisions and payments 0 Records and documents maintenance 4,5 ;a r 3. Project Meetings a) Contractor's Project Manager and Superintendent shall be in attendance at all Project Meetings. b) City shall provide meeting minutes reflecting all items discussed as well as agreed upon or suggested solutions. c) Upon receipt by U.S. Mail or facsimile, Contractor shall have 48 hours to review meeting minutes provide written comments to City indicating all areas of dispute. In the event that Contractor makes no response the meeting minutes provided by the City shall be presumed as a true and accurate reflection of the items discussed. 4. Submittals Number Item Due 1.0 Any required shop drawings & samples 14 days after Notice to Proceed 10 days after award 2.0 Certified Mix Design of Contract 3.0 Critical Path Construction Schedule 10 days after award of Contract 46 /_l B. C. r:. �^ r, ✓ \A�-f TECHNICAL SPECIFICATIONS BID 04-06B Pavement and Pavement Marking Scope of Work The work specified in this section consists of furnishing all labor, material, and equipment necessary to resurface approximately 6.6 miles of City residential streets, primary in the Woodlands subdivision, as identified in Table 1 and Figure 1. The work shall include surface preparation, sanitary manhole, catch basin, and water valve adjustment, driveway adjustment, tack coat application, leveling and surface courses placement, multiple lifts of asphalt provision as necessary, and temporary and permanent pavement marking application, in accordance with these specifications. Surface Preparation Surface preparation includes cutting the grass to expose existing asphalt to the pavement edge, and removing all loose grass and stone. Grass edging shall not be required if the street in question is to be milled. The existing pavement surface shall be swept to remove all loose material, which might prevent proper bonding of the new asphalt. Revolving brooms, vacuum sweeper or approved mechanical sweepers, supplemented by hand sweeping shall be required. Adjustments and Geometric Requirements 1. Work shall include adjustment of driveways, sanitary sewer manholes, catch basins and water valves to be flush with the new pavement surface. The finished surface shall be level and smooth and must conform to the tolerance limits set forth in FDOT Standard Specifications for Road and Bridge Construction, most recent edition. In case of any conflict or variation, the Citv shall be the sole iudae of establishing acceptable tolerances 2. Like the finished surface, all edges shall be level, smooth and straight. Where necessary, or required, edges shall be feathered smoothly well beyond the finished surface so as not to cause any stormwater accumulation or any abrupt change in grade causing a driving hazard. In some instances it will be necessary to saw cut and match and/or mill an intersecting street, driveway connection or a curb. These adjustments will be a minimum of 12" wide. The average driveway width is 14' and many residences have multiple driveways, A circular driveway accounts for two (2) driveways at the street. The City shall be the sole iudge of making the determination whether the adjustment should be by means of feathering, cut -and -match or milling. On streets with curb and gutter, the top surface asphalt course shall be flush with the edge of concrete gutter or not more than '/4 inch above the concrete gutter. 3. All grades, both in longitudinal and transverse directions, shall be adjusted and maintained in a manner so as to cause all stormwater runoff to flow 47 City 0I T;3;nai'ac I°� ''4 .a'i;%;:�:7ft? j ,3;"r: ^(..:?G!i"3i;i;i Divi'o —____.___..__._..--.—.._..----._.._.._.__........_._...._....._._._...._..._.......------..._.__...------ - ..-------- _....... .... _.................. ...... —." towards the designated stormwater inlets (catch basins). Contractor shall be responsible for studying the direction of stormwater flow with respect to the location of stormwater inlets (catch basins) and accordingly create or maintain existing high and low points with suitable cross slope adjustments to maximize stormwater flow into the catch basins. Any stormwater accumulation exceeding the City tolerance shall not be acceptable and shall be corrected by the Contractor at no expense to the City. In case of doubt, the Contractor shall verify with the Project Manager, D. Milling of Existing Asphalt Surface 1. Milling an inch (1.0 ") off the existing asphalt surface is required only in selected streets, notably around manholes and in front of driveways. The purpose of milling is to improve the rideability of the finished surface. 2. The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and longitudinal profile to produce the specified results. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results, the milling machine will be rejected for further use. 3. Where the existing asphalt layer is less than 1.0 inch thick, the exposed base course shall be compacted and primed before the application of overlay. Milled pavement must be resurfaced the same day it was milled. The milling machine shall be equipped with means to effectively limit the amount of dust escaping the removal operation. 4. Multiple lifts of asphalt shall be used in the event that one application of asphalt does not bring the milled surface up to the required elevation and/or grade. E. Construction of Leveling and Asphalt Layers Typically, work shall consist of the construction of a one inch (1") minimum thickness Superpave Asphaltic Concrete surface course composed of a mixture of aggregates, mineral filler and asphalt cement properly laid upon the existing roadways as listed in the specifications. Streets that are to be milled shall be overlaid with a surface course compacted to not less than one and one half inches (1 1/2°) thick. Multiple lifts shall be used when required. The exact limits of resurfacing will be determined in the field by the Project Manager. Levelina Course When the existing pavement surface is distorted, the construction of leveling courses and/or leveling wedges is required to restore proper line and cross section. Type SP-9.5 asphalt mix shall be used in leveling. Surface depressions less than 3" deep are to be corrected using one wedge. Depressions between 3" and 6" deep are to be corrected using two wedges. 43 CF i n .0 l,� t P .� .c� 1 I7.ai i i'✓ i`yr i Depressions deeper than 6" are to be filled using layers not to exceed 3" deep. The schematic below shows the correct way to place leveling wedges. Leveling Wedges shall not exceed 3" Existing deep Asphalt Surface Tack Coat 1. The material used for the tack coat shall be emulsified asphalt, grade RS- 2 and shall conform with the requirements specified in the AASHTO Designation M 140-82. 2. The pressure distributor used for placing the tack or prime coat shall be equipped with pneumatic tires having sufficient width of rubber in contact with the road surface to avoid breaking the bond of or forming a rut in the surface. 3. The distance between the centers of openings of the outside nozzles of the spray bar shall be equal to the width of the application required, within an allowable variation of 2-inches. The outside nozzle at each end of the spray bar shall have an area of opening of not less than 25 percent, nor more than 75 percent in excess of the other nozzles which shall have uniform openings. When the application covers less than the full width, the normal opening of the end nozzle at the junction line may remain the same as those of interior nozzle. 4. Before applying any bituminous material, all loose material, dust, dirt and foreign material, which might prevent proper bond with the existing surface, shall be removed. Any vegetation overgrowth over the edge of pavement shall be cut back prior to applying tack coat. 5. When the prime or tack coat is applied adjacent to curb, gutter, and driveways or another concrete surface (except where they are to be covered with a bituminous wearing coarse), such concrete surfaces shall be protected by heavy paper or other protective material while the prime or tack coat is being applied. Any bituminous material deposited on such concrete surfaces shall be removed immediately. 6. No bituminous material shall be applied when the air temperature is less than 500 F in the shade, or when the weather conditions or the condition of the existing surface is unsuitable. In no case shall bituminous material be applied while rain is falling or when there is water on the surface to be covered. 7. The temperature of the prime material shall be such as to insure uniform distribution. The material shall be applied with a pressure distributor as Ofrter: I;l�,i_..__.._._.._.__...---..._._.._._..._. ..-;.v ..... ..`'.'r; r. 9� specified above. The amount to be applied shall be sufficient to coat the surface thoroughly and uniformly without any excess to form pools or to flow off the base. The rate of application shall not be less than 0.10 gallons per square yard. 8. No tack coat shall be applied until the asphalt has been cleaned and is free from sand, dust or other objectionable material. 9. The tack coat shall be applied with a pressure distributor as specified above. It shall be heated to a suitable consistency and applied in a thin uniform layer at the rate of between .02 gallons and .08 gallons per square yard. 10, The tack coat shall be applied sufficiently in advance of the laying of the wearing surface to permit drying, but shall not be applied so far in advance or over such an area as to lose its adhesiveness as a result of being covered with dust or other foreign material. Suitable precautions shall be taken by the Contractor to protect the surface while the tack coat is drying and until the wearing surface is applied. Asohalt Concrete 1. Construction of Superpave Asphaltic Concrete surface courses shall be in accordance with the Standard Specifications for Road and Bridge Construction, latest version, of the Florida Department of Transportation, and supplements thereto, hereinafter referred to as FDOT Specifications, except as amended herein. The FDOT Specifications are hereby made a part of this contract to the extent they are applicable thereto and shall be as binding upon the Contractor as though reproduced herein. 2. Material used in the mix are as follows: A) Superpave PG Asphalt Binder or recycling agent shall conform to the requirements of FDOT Specifications, Section 916-1 and 916-2. B) Coarse aggregate, stone, slag or crushed gravel shall conform to the requirements of FDOT Specifications, Section 901. C) Fine Aggregate shall conform to the requirements of FDOT Specifications, Section 902. D) Mineral filler shall conform with the requirements of FDOT Specifications, Section 917-1 and 917-2. 3. The general composition of the bituminous mix shall be according to the following requirements: A) The bituminous mixture shall be composed of a combination of aggregate (coarse, fine, or mixtures thereof), mineral filler, if required, and bituminous material. The several aggregate fractions shall be sized, uniformly graded and combined in such proportion 'r) that the resulting mixture will meet the grading and physical properties of the approved job mix formula. B) All bituminous mixtures to be used either in leveling course or surface course may contain recycled asphalt. 4. The job mix formula shall be approved by CITY and shall conform to the requirements of FDOT Specifications, Section 334-4.2. 5. The mixture shall be transported in tight vehicles previously cleaned of all foreign material and, if necessary, each load shall be covered with a waterproof canvas cover of sufficient dimensions to protect it from weather conditions. The inside surface of the truck bodies may be thinly coated with soapy water, or a mixture of water with not more than five percent of lubricating oil, but no excess of either shall be used. After the truck bodies are coated and before any mixture is placed therein, they shall be raised so that all excess water will drain out. Kerosene, gasoline or similar products shall not be used to prevent adhesion. 6. The mixture shall be spread only when the surface is properly prepared and is intact, firm, cured and dry. No mixture shall be spread when the air temperature is less than 400F, nor when the spreading cannot be finished and compacted during the daylight hours. The temperature of the mix at the time of spreading shall not be less than 2300F. The mixture shall be placed in accordance with the requirements of FDOT Specifications, Section 330-9. Joint Construction shall conform to the requirements of FDOT Specifications, Section 330-11. 7. The mixture shall be compacted in accordance with the requirements of FDOT Specifications 330-10. 8. Field Quality Control shall consist of surface and thickness requirements as follows: A) Surface Requirements: Depressions which may develop after the initial rolling shall be remedied by loosening or removing the mixture and adding new material to bring the areas to a true surface. No skin patching shall be done. Such portions of the completed pavement which are defective in surface compaction or in composition, or that do not comply with all other requirements of these specifications, shall be taken up and replaced with suitable mixture, properly laid in accordance with these specifications and at the expense of the Contractor. Surface deficiencies that exceed '/4 inch as determined by a 15 ft. rolling straight edge shall be corrected as specified in FDOT Specifications, Sections 330-12. B) Thickness Requirements: The thickness of the compacted asphaltic concrete surface course shall be no less than that shown on the 51 Ci ty 7.. , ....... . s ni l' `f 4,`yyY �J Drawings as determined by coring. Thickness testing and correction of defective work shall be as specified in FDOT Specifications, Sections 330-14 and 330-15. 9. After the completion of the pavement, no vehicular traffic of any kind shall be permitted on the pavement until it has set sufficiently to prevent rutting or other distortion. F. Pavement Marking This section consists of the replacement of pavement striping, marking, and traffic signs distributed by the Contractor as required for a complete installation. All pavement markings shall be thermoplastic and shall conform to appropriate City, State, and County and MUTCD standards. Contractor shall be responsible for all pavement markings as noted on plans as required by Project Manager. 1. Placement of pavement marking shall be in accordance with Sections 706, 711 and 971 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction (FDOT Specifications). All road work shall be in full compliance with local and state codes, standards and regulations and the FHWA's "Manual on Uniform Traffic Control Devices" 2. Paint for pavement stripes shall be in conformance with FDOT Specifications Section 971-13. Reflective pavement markers and their installation shall conform to FDOT Specifications, Section 706. 3. Thermoplastic pavement markings, including stripes, stop bars, reflective pavement markers and other miscellaneous items, will be replaced as existed before the repair was made. The thermoplastic compound shall be a specified in FDOT Specifications, Section 711. The thermoplastic compound shall be extruded or sprayed onto the pavement surface in a molten state by mechanical means, with surface application of glass spheres, when required, and upon cooling to ambient pavement temperature, shall produce an adherent pavement marking of specified thickness and width and capable of resisting deformation. The colors of the compound shall be white and yellow, as existed before the repair. 4. Where thermoplastic is to be applied to cement concrete pavement, a sealing primer as specified in FDOT Specifications, Section 711 shall be applied in advance of the placing of the stripes. 5. The thermoplastic shall be applied to the pavement utilizing either extrusion or spray application equipment. The application equipment shall be so constructed as to provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the shaping die or gun shall be so constructed as to prevent accumulation and clogging. The equipment shall be constructed so that all mixing and conveying parts up to and including the shaping die or gun Cityuf Ts maintain the material at the plastic temperature with heat transfer oil or electrical element controlled heat. Direct fire heat transfer will not be allowed. 6. The application equipment shall be so constructed as to insure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off square strip ends, and shall provide a method of applying "skip" lines. The use of pans, aprons, or similar appliances, which the die overruns, will not be permitted. 7. Glass spheres applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the striping machine in such a manner that the beads are dispensed almost instantaneously upon the installed line. 8. Special kettle(s) shall be provided for melting and heating the thermoplastic material. The kettle(s) shall be equipped with automatic thermostatic control devices in order to provide uniform temperature control and prevent overheating of the material. The applicator and kettle(s) must be so equipped and arranged as to satisfy the requirements of the National Fire Underwriters, the State of Florida, and the municipalities, which have jurisdiction where the work is being done. 9. Applicators shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The applicator equipment to be used on roadway installations shall consist of either hand equipment or truck -mounted units, depending on the type of marking required. 10. The hand applicator equipment shall be insulated and shall have sufficient capacity to hold 150 pounds of molten material and shall be sufficiently maneuverable to install crosswalks, lane, edge and center lines, arrows and legends. The truck -mounted unit for lane, edge and centerlines shall consist of a mobile self-contained unit carrying its own material capable of operating at a minimum speed of five miles per hour while installing striping. 11. Application time, weather limitations and surface preparation shall be in accordance with FDOT Specifications, Sections 710-4, 710-5 and 710-8. 12. The material, when formed into traffic stripes or other markings, must be readily renewable by placing an overlay of new material directly over an old line of compatible material in such a manner that no splitting or separation takes place. 13. The application temperature shall be within the range specified by the manufacturer of the thermoplastic compound being used. City of Tamarac; 14. All pavement edge lines, gore, island and diagonal strip markings, wherever located, shall have a minimum thickness of 0.060 inch at the edges and a maximum thickness of 0.120 inch at the center. A minimum average film thickness of 0.090 inch shall be maintained. All lane lines, center lines, transverse markings (except shoulder markings) and pavement markings within traffic wearing area (such as dotted turning guide lines) shall have a minimum thickness of 0.090 inch at the edges and a maximum thickness of 0.1 inch at the center. A minimum average film thickness of 0.090 shall be maintained. All thickness measurements shall be an average in any three-foot length. 15. The glass sphere top coating shall be applied by a type of glass sphere dispenser or gun which will embed the spheres into the line surface to at lest one-half their diameter. The glass sphere top coating shall not incur more than 10 percent loss during the first 30 days of traffic exposure. 54 BID 04-06B f.JTY OF TAMARAC rumlic 1►o1w S H EEET 1 OF 1 6 . . .................. I,PC,FiVfl: -ROA-DE SHOWN W INDICATE ROADS TO ki PA V-E 1) > 77 PALM j3 71 COU CL-3 PALM P., AZA 4 7 4 t N, L cl .01 A -Ar *N e t wAv f4r A 4-1 A-- STREET IMPROVEMENT PROCRAM i7lMSE V A �..4 J, FIGURE 1 _111-Hoi- o 0 C,7 o o 0 C. . . . . . . . . . . 114 m th n c T, Ile 0.0 4.— C. C� C'. a ntc. IA 19• 21 L is is 14LL• v ... . . .. . .... ...... ci, I . .. .......... . ...... . Q1 14 C, all, 1J iRl Cr 7, �i, r'i V, C. D Z _F� 7 cc: cl 2d 0 z ct, 7j 0 r- n 0 1'.01 cr'. 1:) nin- 0 m N-,) zi uj w Lu c z -E w nf. .,U w cc W Ljj ci D in 0 ": >. -C D m L.) C. C) �Id:23 < 0 c- PC %ij cc Z� Z Lu Z 4^ M! > z 2 cc z Z !,, 3�5 z 5 le z C3 z 0 _J , I 0 z Er CC o 't ir j Z U, Cc < ff.— '. LE Ly ly W W uj uj w A w uj w fm 0 Lo w 2 m x (rd . �i �2 _�i c '4 m:lb 2 �w 'T t :25 i 2 m ui 00�: 7 's 1E x j. L) G.O.0 a. a' tj0. 9 ul m m 0 0-In ku 113 Z uJ i- Z 7 Z A Z i 20 is 43 ;) m �f W.7 BID 04-06B TABLE 1 .... ........ .. . City of Tern...._., .... .._.... __ }.... F'urC')a�,r'y ar?... Cvt;b'a...... COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Instructions to Offerors, Special Conditions and the Technical Specifications. ❑ 2. Properly fill out the Bid Form. ❑ 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 form. ❑ 7. Sign the Vendor Drug -Free Workplace form. ❑ 8. Fill out the List of Subcontractors. ❑ 9. Include a 5% Bid Guarantee. Failure to provide a bid guarantee will result in automatic rejection of your bid. ❑ 10. Fill out and sign the Certified Resolution. ❑ 11. Include proof of insurance. 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. EJ5 'Yf I �3!`��rar I, ;�. r✓'. Crc�a!!"r(g. and r(.'! tracts 0i�_i3fr7f_ 1� BID FORM BID 04-06B PHASE 5A STREET IMPROVEMENT PROGRAM Submitted by: WEE KL ( I Rtz+1- Date - g•o (Bidder) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish. all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 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. 1. 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. 2. 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. 3. 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. 4. Bidder will complete the Work for the prices shown in the "Bid Form". 5. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Page 1 of 6 Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO. 1 BID NO. 04-06B PHASE 5A STREET IMPROVEMENT PROGRAM DATE OF ADDENDUM; November 17, 2003 Proposers are hereby notified that this Addendum shall be made part of the above named bid document. The attached REVISED Bid Form pages 2 and 4 REPLACE the pages in the bid document. The attached Revised Bid Form Pages MUST be submitted with your bid. Failure to submit pricing on the Revised Bid Form pages 2 and 4 may result in your bid being deemed non -responsive. Please sign where indicated on Page 4 of this document and submit with your bid. Attached, please find revised Bid Form documents, which reflect the following changes: 1. Removal (strikethrough) of the words "per milling" from base bid line item 3 (page 2 of 6). 2. Addition (underline) of a Base Bid line item for "Temporary Striping — 4", with a quantity of 1500 LF (page 2 of 6). 3. Removal (strikethrough) of the. "Temporary Striping — 4" item from the Alternate bid form (page 4 of 6) If you have any questions regarding this addendum, please call (954) 724-2450, Keith K. Glatz Purchasing and Contracts Manager 7525 Nw 88th Avenue ■ Tamoroc. Florida 33321-2401 ■ (954) 724-2450 5 Fox (954) 724-2408 a www.tomarac.org Equal opporlunily Employer of T q marac . ___ WY--- Purch�Si,7g c)nd �t1t��ctr Civision Addendum No. 1 BID FORM (Revised) Bid No. 04-068 The City of Tamarac is hereby requesting Bids, from qualified vendors, for construction of Phase V-A of the Street Improvement Program. In order to be considered for this project, the vendor must meet the following conditions: We propose to furnish the following in conformity 4with the specifications and at the below 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. PAY ITEM UNIT QUANTITY UNIT COST TOTAL COST Leveling Course'/2" thickness (Asphalt Type SP-9.5) Ton (T) 2,156 Surface Course 1"-1 '/2" thickness (Asphalt Type SP-9.5) T 4,312 Mobilization Per-� Lump Sum Tack coat, Emulsified Asphalt, AEP SY 86,247 Driveway Adjustment by saw cut and match min. 12" wide Each 200 Driveway Adjustment by milling (min. 12" wide &'/" deep) Each 200 Catch basin 1" riser installation, Each 115 Sanitary Sewer Manhole Adjustment (1" riser) Each 122 Sanitary Sewer Manhole Adjustment (Milling) Each 19 Water Valve Adjustment Each 16 Striping-6" Wide Double Yellow Solid thermo LF 7,977 -Striping-12" Wide White Solid thermo LF 1,595 Stri in •6" Wide Yellow Solid thermo LF 856 Reflective Pavement Markers Each 369 Road Restoration (cut & removal of tree roots SY 200 Striping- 4" Temporary LF 1501) Total City will provide these risers. Contractor will pick up risers from a City facility. 2 Road restoration would encompass the removal of existing asphalt and road rock to expose overgrown tree roots underneath the roadway for cutting and removal_ Once properly removed, exposed areas would be refilled with road rock, compacted and patched with, asphalt. This work would need to be ��,-wNccomplished, as per FDOT section 110, prior to road resurfacing. The City would be the sole judge of " those designated areas. Such areas are not expected to be in excess of 10 and less than 200 square yards (SY). Addendum #1 (11117103) Revised Page 2 of 6 6;d Form Revision city or Tamarac._ .... r Gurrnasi.hg & Contracts Divi-�;on Addendum No.1 BID FORM (Revised) BID NO. 0406E Unit: prices furnished below are for incidental items or components which the Contractor may be required to furnish as a part of the Work identified in the Contract Documents. Pay Items listed shall be provided in conformity with the specifications and at the below 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. PAY ITEM UNIT UNIT COST Prime Coat, Emulsified Asphalt, AEP SY Clean Sand SY Edging of Grass LF Surveying Per hour Symbol Pavement Marking Each Messages. Each Sod (Bahia) — including top soil SY Sod (St_ Augustine) — including top soil SY. q Addendum #1 (11117103) Revised Page 4 of 5 aid Form Revision ,city of rem"rac i ? rc��•cir,� Contrzc:s D;v;sior. ADDENDUM NO, 1 Bid No. 04-065 SIGNATURE PAGE Please sign below and submit this addendum, along with_the_Reyised Bid Form Pages 2 and 4 attached herein with your bid. WEEK -LEY BOA�� ASV t 1(ri lw Company Name •o3 �A-uutth_oriz1ed `S_i` a Date . Addendum No. 1 BID FORM (Revised) Bid No. 04-06B The City of Tamarac is hereby requesting Bids, from qualified vendors, for construction of Phase V-A of the Street Improvement Program, In order to be considered for this project, the vendor must meet the following conditions: We propose to furnish the following in conformity 4with the specifications and at the below 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. PAY ITEM UNIT QUANTITY UNIT TOTAL. COST COST Leveling Course'/z" thickness (Asphalt Type SP-9.5) Ton (T) 2,156 4-1.`� S' lDa9 Surface Course 1'-1 '/i' thickness (Asphalt ,( Type'SP-9.5) T 4,312 `i �.� o�S�$gy, Mobilization Lump Sum OOD.eo `o Tack coat, Emulsified Asphalt, AEP SY 86,247 .�7 Driveway Adjustment by saw cut and match min. 12" wide Each 200 ap,ao e�, o0 Driveway Adjustment by milling (min. 12" wide &'/" deep) Each 200 a roe Catch basin 1" riser installation, Each 115 00 30o oo Sanitary Sewer Manhole Adjustment (1" riser) Each 122 00 cr Sanitary Sewer Manhole Adjustment (Milling) Each 19 vv Water Valve Adjustment Each 16 -aa Striping-6" Wide Double Yellow Solid thermo LF 7,977 ao aM .00 Striping- 12" Wide White Solid thermo LF 1,595 ck Stri in -6" Wide Yellow Solid (thermo LF 856 Reflective Pavement Markers Each 369 Road Restoration (cut & removal of tree roots)z SY 200 SK can Striping- 4" Temoorary LF 1500 �o Total .9 ' City will provide these risers. Contractor will pick up risers from a City facility. 2 Road restoration would encompass the removal of existing asphalt and road rock to expose overgrown tree roots underneath the roadway for cutting and removal. Once properly removed, exposed areas would be refilled with road rock, compacted and patched with asphalt. This work would need to be accomplished, as per FDOT section 110, prior to road resurfacing. The City would be the sole judge of those designated areas. Such areas are not expected to be in excess of 10 and less than 200 square yards (SY). Addendum #1 (11117103) Revised Page 2 of 6 Bid Form Revision Purchasr,ng & Contracts Divielon Addendum No.1 BID FORM (Revised) BID NO. 04.06E Unit prices furnished below are for incidental items or components which the Contractor may be required to furnish as a part of the Work identified in the Contract Documents. Pay Items listed shall be provided in conformity with the specifications and at the below 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. Addendum #1 (11/17103) Revised Page 4 of 6 Bid Form Revision City of Tatrarac BID FORM BID 04-06B (continued) OLjrchesirg and Contracts DiviL;Or 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. Me am -OM Company9 Gy ASIMM F" � 5 S-W 36TH ST Authorized 5i . WESTOK FL 33338 DANIEL D. WEEKL , PRESIDENT Address City, State, ZIP C-GC ozot Contractor's License Number Typed/Printed Name Telephone & Fax Number Federal Tax ID# Page 5 of 6 L City of Tamarac (. 4") t ?'!'GI' ls;n and Ccotracts Divisior? BID FORM BID 04-06B (continued) �, 7� �, � INC � '�u ; I�EY WHAT �� .; 5 Bidders Name: i.+ TERMS: Net DAYS or % discount within days Delivery/completion: 150 calendar days after receipt of Notice to Proceed. To be considered eligible for award, one (1) original of this bid form must be submitted with the Bid. Two (2) copies should accompany the original; however, copies must be provided within 3 days. of the City's request. 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. Page 6 of 6 wt f'S. Cr'y of `1 ac NON -COLLUSIVE AFFIDAVIT State of -IELDI 1(it a ) J County of �� ��` �) )55. being first duly sworn, deposes and says that: 1. He/she is the e , (Owner, Partner, Officer, Representative or Agent) of i'ir r/ C , the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit,,or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this. affiant. Signed, sealed and delivered in the presence of: By Wi ess r DA►NIEL D. WEEKL PRESID Witness Printed Name Title _...... Page 1 of 2 _ _ ....-Non-Collcrsrve Affidavit 11 \ V City of Tamarac _ _..__ __. _._. ur t'asr"r,, 8 Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of IeD L1� d2yy� On this the cday of /l i , 20 D , before me, the undersigned Notary Public of the State of Florida, personally appeared '2R ") l'eL "o. �.L.�� ecl---e-V and (Name(s) of individual(s) who appeared befde 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 SEAT. OF OFFICE: Teresa Patane `-' commission ODD221318 --Expires: Jul 16; 2007 Bonded Th- 111 Atlantic Bonding Co., inc. NOT 4PUBLI,STATE OF FLORIDA T (Name of Notary Public: Print, Stamp, or Type as Commissioned) )0,ersonally known to me, or Produced identification: (Type o Id ratification Produced) DID take an oath, or ID NOT take an oath Page 2 of 2 ......__.......... ....................._........... Non -Co llusive Affidavit of Tamarac _---—_.._ �1 _Purrhasing 3 Contracts b'ViSi;r CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP F-1 If "Other", Explain: Authorized Signature DANIEL D. 1NEEKLEY, PRESIDENT Title Compa y 0855 SM 36TH ST WESTON, FIL 33332 Address City/State/Zip a D/I COM Contact Email address CORPORATION FV OTHER 'D_ Name (Printed Or Typed) 3-9-0-)s3�3 Federal Employer I.D./Social Security No Telephone ,L/ 5 ?� �/ z / Fax Number' // '' ==424/ -L 0, (t),,-��4-y Contact Person ....... .... _...... -........ _...... ......... _...... ..... ._..._ __..____.._ Page 1 of I Certification " ptjrcha:;irg & Cao racts Ji�is:or; OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88`" Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. WEEKM.A►SPUA T 'rK INC _ems �L�3z Check One Corporation Partnership ElIndividual Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: . WEE y-ASPjUT PAVING, INC The address of the principal place of business is: w-� S 7 D 2- 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: —z2•�-S b) State of Incorporation: c) President's name: Z22 - d) Vice President's name: �� a [/V, e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: ii i .r x , Page 1 of 5 atferor's Qualification Statement i I! L • C,ty,,` Tar;a!-DC ` •) c�•.�r3s,;,r & Ccr,tr.7crs Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has 2__�Le ur organization been in business under its present business name? a) Under what other former names has your organization operated? 7 A we 10 Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. Have you personally inspected the site of the proposed work? ❑ YES 1:1 NO Do you have a complete set of documents, including drawings and addenda? 9 YES F—] NO Did you attend the Pre -Proposal Conference if any such conference was held? x] YES F-1 NO Page 2 of 5 Offeror's Oualificabon Statement UHUYVAHO CUUNIY OCCUPATIONAL LICENSE TAX RENEW ON OR BEFORE 4O.JO/AC 25•p61 ao OiAFOR PERIOD OCTOBER 1, 2003 THRU SEPTEMBER 30, 2004 SEPTEMBER 30, 2003 PENALTIES IF PAID TAX OCT. • 109'e NOV. - 15% 4,RENEWAL U TRANSFER SEC p f3 r' BACK TAX E'f a' ` 0< 4 " DEC. - 20% ` After DEC. 31 - 25% L) NEW DATE BUSINESS OPENED 'r%L 9 4 PENALTY ' Plus Tax Collection Fee Of LIP In S25 00 T. C. FEE Based nn Cost of License if Paid STATE OR COUNTY CERT/REG N ^__c., TRANSFER BLocation ddrt On or Afrer NOVember 30. 20ni .. ram^.. Business Locon A ess: • `-- ��•r 5#nT ACCOUNT NUMBER TOTAL 20031".1 '56 e-T F'T :3i)w'r° r lE•L)f:)7:ldF:.'ify F: t l(?i tE: ( 9"`jA > A:3'% _ E)HC>U . '!{L..E:Y p,Sl"'HAL..1' F'AVXtJ(:: Sid(: WA)'h1E: T? WE'E::KL.E'Y THIS LICENSE n,IUST BE CONSPICUOUSLY DISPLAYED .y005".'i GW 36 f:S T TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE, Bf�,c�;�NARD L TYPE OF LICENSE TAX PAID max• COUNTY ASF-HALT C:ON81• 30 UNT'TS BROWARD COUNTY REVENUE COLLECTOR • A0Q3 2004 115 S. Andrews Avenue Governmental Center Annex fr FORT LAUDERDALE. FL 33301 PAYMENT RECEIVED AS VALIDATED ABOVE 'SEE INSTRUCTIONS ON BACK OF LAST COPY AC#0609066 r T STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION SEQ#L02092( CONSTRUCTION INDUSTRY LICENSING BOARD The GENERAL, CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 CARDONA, ARMANDO A WEEKLEY ASPHALT PAVING INC 3021 SW 11 ST MIAMI FL 33135 JEB HUSH KIM BINKLEY-SEY: GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY of Tamarac / f F;.;rc.hasi ;g & Ca:;:ra ;s Oivisron 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 9� { 7CW15Zft560 :F -D 0--r- 10A� S� Tam 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). f-e 14. State the name of the individual who will have personal supervision of the work: —R? 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Five -- f Page 3 of 5 Offeror's Qualification Statement I /lAlt!�k Weekley asphalt paving, inc. 20855 S.W. 36rH STREET * WESTON. FLORIDA 33332 CQNZTRUCTIQXP I�N(;E OF KEY INQLYIDUAL NAME POSITION YRS CONST. TYPE WORK CAPACITY YEARS EMPLOYED I EXPERIENCE WEEKLEY niel D. Weekley President 36 years Road COnst. Management 36 years nald Keene Asphalt Superintendent 26 years asphalt/roadway Supervision 26 years rbert Newton Project Mngr 31 years Roadway/Drainage Supervision/Mngnt 9 years n Weekley Jr. Superintendent 11 years 'Roadway/Asphalt Supervision 11 years ie Roach Project Mn r 27 years Roadway/Asphalt Supervision 6 veam i F110N[5: [1RQWARD (954)3U9-5311 DADE (305)625-3133 + FAX (954)3U9-5131 1 City of Tamarac /' r�lto5:r g & ccfl? ra:-ts Div;sion 18. State the name of Surety Company which will be providing the bond, and name and address of agent: re-. 19. Bank References: 09 Bank Addres Telephone 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: - W / // S Ltl'::1fi% y / / L-b 14) / Older a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? FIYES D NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offeror's Qoalification Statement ^ a /AfA'i weekley asphalt paving, inc. 20855 S.W. 36TH STREET • WE:STON, FLORIDA 33332 1L In ► i►► Ocean Bank Carlos Gonzalez 780 N.W. 42 Street Miami, FL 33126 (305) 569-5106 2. Wachovia Bank Steve Gersack 12 399 Sheridan Street Cooper City, FL 33026 (054) 435-1771 PHONES: HKOWARD (954) 309-5311 - DADE (305) 625-3133 - FAX (954) 3Hg-5121 /A1A'i&week1ey asphalt paving, inc. 20855 S.W. 36TH STREET - WESTON, FLORIDA 33332 REFERENCES FOR WEEKLEY ASPHALT PAVING, INC. Florida Dept. of Transportation JENNIFER OLSEN Various jobs in Broward & Palm Beach 3400 W. Commercial Blvd. Ft_ Lauderdale, FL 33309 954-777-4135 Florida Dept. of Transportation JAMES JAFFERS 5548 N.W. 9 Avenue Ft. Lauderdale, FL 33309 954-958-7637 Bergeron Land Development RONNIE BERGERON . Various Resurfacing jobs 19612 S. W. 69 Place Pembroke Pines, FL 33332 954-680-6100 City of Cooper City CARL MILLER P. O. Box 290910 Cooper City, FL 33329 954-434-4300 Florida Dept. of Transportation TOM DRISCOLL Various jobs in Palm Beach, etc. 7900 Forest Hills Blvd. West Palm Beach, FL 33413 561-432-4966 Hendry County ROCK ARBEJOUL Resurface various Streets P. O. Box 1607 Labelle, FL 33975 863-202-5223 NiONF5: BROWARD (954) 389-5311 - DADE (3o5) 625-3133 - FAX (954) 389-5121 r C�:"Y of Tamarac VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all, public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual .services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or .nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. F: y' 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. PAY a G,INC Authorized Si Company Name N AtiY Ya Page 1 of I Drug-Free Warkp/ace i:. K 'dtva� of Tamarac r' r ,:..;,, ,_ 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. Subcontractor Name/Address rrar,_.�Cr_ 20 ��e Vic71 , wfl Pare 7 of ? List of S.:bcantra; tors r':y 11/�VZM NUN 6:0 nx m m inn 'lransmarx Inc. -)-)-> weexley Asphalt �Jl. UUl/M CITY OF DEERFIELD BEACH LICENSE NO. OCCUPATIONAL LICENSE 04-17807 2 C 0 3- 2 0 0 4 NEW RENEWAL X OWNER TRANSMARK INC CONTROL NO, 145080 BUSINESS NAME TRANSMARK INC LOCATION 41 SE 9 ST A CLASSIFICATION ENGINEERING SERVICES/ STRIPING THERMOPLASTIC,PAINT SIGNS ON H/G TRANSMARK INC 41 SE 9 ST A DEERFIELD BEACH FL 33441 DATE ISSUED 9/ 0 9/ 0 3 LICENSE FEE 117.60 DELINQUENT CHG. .00 TRANSFER FEE .00 TOTAL AMOUNT PAID 117.60 LICENSE ISSUED FOR THE PERIOD OCTOBER 1 2 0 0 3 SEPTEMBER 30 2004 LICENSE MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT BUSINESS LOCATION TRANSFEA FEE 11.76 Norice: This license becomes NULL and VOID if ownership, blsstness name, or address Is changed. Licenser must opply to License Deparrmenr for 71msfer. CITY OF DEERFIELD BEACH LICENSE INFORMATION DATE ISSUED 9 / 0 9 / 03 LICENSE ISSUED FOR THE PE910D OCTOBER 1 2 0 0 3 SEPTEMBER 30 2004 • This occupational license represents proof of payment of your occupational license fee for the period October 1 to September 30. Continuous Lcensure can be an important asset for'certain business users; please exercise diligence in maintaining this license. • Once you have obtained a Deerfield Beach occupational license, you will be sent a renewal notice' each year 30 to 60 days. before expiration to the address indicated. on the face of the.,license. Please check all license information- and if. there is an error. report ' it to uS ].TYlIPed' - ly . The k-ity' :xie�r' i1h C'Se. f:: s '3n::': a wwgb f�. •,failure to, renew tiv licccise: , " • Your current license shall be posted so that it is able to be viewed by anyone upon entering your place of business. • If you change your business name, ownership or location, you must make a new application for the change and pay a transfer fee. * If you have more than one location, you must obtain a license for each location. • Each business that you operate requires a separate license. Please check with us if you have any questions ;regarding the classification of your business by visiting us at 150 N.E. 2 Avenue, or calling us at 480-4333. This license does not represent an endorsement or certification of the business listed herein by the City of Deerfield ,Beach 11/2UNU:i MUiN 8,4� PAA M M nu 'transmarx Inc, WMICY ASPnall Cuu3i004 BNG: ,3'F 3'rR�PI'NCx' Sc °SyICaIJC�F f rEtO4Sr) Wr T ( r•, rQrr7 Zfar�tl YO,UNTELx RB Tg:'QU7'21FYXN }y, r TRNSrt xAT, AC ;p N L,�f'�hrt*` r k W .+t J"'f ° 15 xRE^ 3 rW0 . s ' ,CAL 8r k' n fir! c y �. a vi r �N r tjer 5 f r A y �(t� �tiA.9 r �g�1 � • ry . �� � r I� � � - �ifiy o} entr,"� t;t+ 4i5r dJNtrd 7 r Kigh$Aa1� 9 .�►� �r'K,�rl`iyjgg �>�! ,� � ,m�,�' r " i � t •,; 1 � ,. 7,' , ,1r� 5Ig �G ' 7�1 4",,• 1 " I -:. Ili. n•_ „�diA , � ��, d I , `s4+` n )pia y { iy1��'fp•;; ��( (' rrkt �:.Iti}R��i��A��nu.�N���'': :I:uI�TC`'^w::l,.����c, ' '� ` e �' n ��`•k�'A •a.,,.l,lf� �-. i � �` 1 t - is } 1 , !� CERTIFICATE OF COMPETENCY �a4P�.o�� (.. 5��'tG BARD Delach,and SIGN the roverse side of this ` pB �Q iT l 7Q ►�` Y GOw 1 � p OF F� r r�tt�F . G COU COUNTY card IMMEDIATELY upon roc®IptI You 1M fl r F ¢ P pw `� should carry this card with you af,pll times ��(,F4 rat • r 1G �� �F�G G�' Ot pF, G R@ � VxO RO NG rj pp d r • Fi' ��.1 � F� �+�,�" to G�� NCI' w c'�Z�'4� � f r-5 + nF Go .. ptn� yG� .. enrpr c yoUNT, ELIZABETH QVW MpV � o�N� .W. N,• �rGN C. o0 oR�oP ga lLp f]�� o�`p p�S�A `31CoC 1221 SE . 11 AVEF .pV ,Fv c FNGP G���1F P�P.OF COO FV. g$'rNG� . ��,lU 1 DEEi2FIELD BEACH, FL .33441G• F �` '41.`-'-' ut, out,olong broken One. 503.207 (RAV. 4/03) 11/Z4/'ZUU:i MUN 8:4� pAi m m inn 'i,ransmarx inc, as WOOK10Y Aspnait CUU4/UU4 0 :9. W (A C-), s. -n o )t, o o 3 (p 0 B r-r (D 0 CD 0 < CD 0 CL :r 2L 5' :3 0 U) CD a3 11cc�7 0 0) CD " 0) Al 0 CD :3 cr M CD 40 :3 < JM 0 aS 'CD 2 4) 2, cn r 0- @ C) ro 0. m (D CD 0 iD 1sm 9 X CD CL C/) CD 0 a Cr (D :3 Cc > 0 :g —0 -Y CD =r 0 ..0 0 C) 0 CD 0.. N rr (D o to N) (D D. 0 CD (D :3 am m. ........ cly of Tamarac & Crn:rae s Division BID BOND STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, Weekl ey Asphalt Paving, Inc. as Principal, and as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: **5% of Bid ** Dollars $ **1% of Bid** lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated _ Nnvp-mhpr--2�th _, 2003 , for: Phase 5A Street Improvement Program Bid No. 04706B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims, hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and; its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any; extension. page 1 of 2 Bid 9ond ).van-n too/Enj 98L-i TZLS08EPSG 171VHdSV AH'INHEM-Wool gB:bT 80,-Ll-11 S' d d I d th ' d Noe b 2D 03 igrte an sea a is ?t_ a v m er , IN PRESENCE OF: DAM . WEE PRESIDENT lt�QC1�-a_.a- Weekley Asphalt paving, Inc. Principal 20855 SW 36th Street Business Address (AFFIX SEAL) Weston, FL. 33332 City/State/Zip 954-389-5311 ATTEST .Business Phone Western Surety Company Secretary Lv /1e Surety" ATTEST: 1 By Ri and Rodriguez 14 -1 SIPCFetary .��y+'� z Title Attorney -In -Fact & F1 Lic. Res. Agent Attorney- In -Fact''& F1 Lic. Res. Agent By 'RichardRod igue 'Impress Corporate Seal Page 2 of 2 Bid Bond Acknowledgvment ' a 105-n WT704 99L-1 TZ1:96$CIi56 lgvRdSv AHIABRM-WOU-4 9C-.tip CO,-LL -Ll V VCJU f11 1 Durelf/ k--(-)rTlpdf 1y -T -- ► POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby [Hake, constitute and appoint Jeffrey Samas, Robert Mc Minn, Richard Rodriguez, Individually of Coconut Grove, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of October, 2003. E*r WESTERN SURETY COMPANY Wes!! Paul . Bruflat, Senior Vice President State of South Dakota County of Minnehaha ss On this 2nd day of October, 2003, before me personally came Paul T. Brullat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; tha! it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authcp;ety, and acknowledges same to be the act and deed of said corporation, My commission expires titi titi titi` 4tititiAtiyytiytiytiyytih ' r D. KRELL r November 30. 2006 F�L NOTARY PUBLIC f i�SOUTH DAKOTA $ i i f✓titi\Mvtitititi♦M�rtititiMtitirtitiM + D. Krell, Nc7try Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 25 th day of November 2003 , +■Erro WESTERN SURETY COMPANY w4�,P0A,tf^� - �x L. Nelson, Assistant Secretary . Form F4280-or-o2 ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATI1124/03 1 � rzara3 )DUCER 305.443.4886 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia Miami Division 3225 Aviation Ave, Suite 400 Coconut Grave, FL 33133 URED Weekley Asphalt Paving, Inc. 20855 S.W. 36 Street Fort Lauderdale FL 33332 ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Zurich Amcrican Insurance Co. INSURERS! Continental Casualty Ins. Co. VV INSURER C: United States Fire Ins Cc s i INSURER 0: )VERAGES rHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING %NY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR V)AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 6Y PAID CLAIMS. R EFFECTIVE POLICY EXPIRATION LIMITS TYPE OF INSURANCE POLICY NUMBER POLICY GATE M D GENERAL LIABILITY CP09310371.00 4/01/03 4101/04 EACH OCCURRENCE 1DDOoan )( COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any ana fro) `+ 300000 CLAIMS MADE FX OCCUR NIED EXP MAY one Person) L 10000 PERSONAL & ADV INJURY ! 1000000 GENERAI.AGGREGATE S 20D0000 PRODUCTS • COMPlOP AGO 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY x PRO• LOC ( AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS BAP9310372-00 ��y�, 4101 /03 4/01 /04 J COMBINED SINGLE LIMIT tea accloont) 6 1000000 BODILY INJURY IPer parsaf%l SCHEDULED AUTOS HIAGO AUTOS Dilate 41 R~ OODILY INJURY war acdaont) a NON.OwNEO AUTOS M~r'- Not PROPOITY DAMAGE IPer aCClagno s AUTO ONLY - CA ACCIDENT GARAGE LIABILITY , ANY AUTO CUP257314487 OTHER THAN EA ACC AUTO ONLY:Aw AGO d a 3 EXCESS LIABILITY :x:j OCCUR CLAIMS MADE 4101103 Q01104 EACH OCCURRENCE a 5000000 AGGREGATE a 5000000 s ExRETENTIONOCOUCTIBLE a = 10 000 WORKERS COMPENCATION AND 406005444-9 3/01 /03 3/01104 WC 5TATU- OTH- X T RV I IT EMPLOYERS' LIABILITY E,L. EACH ACCIDENT a 500000 E.L. DISEASE - EA EMPLOYEE S 500000 E.L. DISEASE - POLICY LIMIT 500000 7 OTHER ESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS CITY OF TAMARAC ADDED BY ENDORSEMENT/SPECIAL IS LISTED AS ADDITIONAL INSURED PROVISIONS WITH RESPECTS TO: Bat] 004.06E / PHASE SA STREET IMPROVEMENT PROGRAM. :ERTIFICATE HOLDER ADDITIONAL INEUREO-. INSURER LETTER CITY OF TAMARAC PURCHASING & CONTRACTS DIV. 7525 NW 88TH AVENUE TAMARAC, FL. 33321.2401 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 60 DAY5 WRIT1 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 50 SH, IMPOSE NO D9410ATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS ATIVE.. Inhan qG 0 171n71 C!1_ RD 0 ACOHD CORPORATION 15 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementis). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsgment(s)- DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer($). authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. f � City of T2,rarac Cootrac.s Divis,t3n CERTIFIED RESOLUTION I, _f.%/',�__� . L r_;.'/C. t [f (Name), the duly elected Secretary of tOe f - 1 yrt oi.I Name of Corp.), a corporation organized and existing under the laws of the St to of [/ L: 1, rJ Q_ __, 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. ni-r is u;:ag=av Ppizru vPn T"AT /)I! (Name)"_ the MI elected w�i (k i 1 ? (Title of Officer) of <' . Y (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bo d, 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. further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 20 G_ (SEAL)'.: IT F:1_ I, I � INC Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 7 of 1 Ce.-Tified Resolution AGREEMENT BETWEEN THE CITY OF TAMARAC AND WEEKLEY ASPHALT PAVING INC. THIS AGREEMENT is made and entered into this `' day of LTr: -`-, 2Q04 by and between the City of Tamarac, a municipal corporation with principal 6ffices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Weekley Asphalt Paving, Inc, a Florida corporation with principal offices located at 20855 S.W. 361h Street, Weston, Florida 33332, (the "Contractor") to provide for hot -mix asphalt laid -in -place as per the conditions and specifications contained in Bid 04-06B, "Phase 5A Street Improvement Program". 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, conditions of Bid 04-06B (General, Special and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to provide hot - mix asphalt laid -in -place as per the conditions and specifications contained in Bid 04-06B, "Phase 5A Street Improvement Program". b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 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 Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than ten (1 Q) days after the date that Contractor receives Purchase Order. The work shall be substantially completed no later than 120 days from receipt of Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Three Hundred Fifty -Four Thousand, Five Hundred Fifty -Seven Dollars and Ninety -Seven cents ($354,557.97). 6) Payments A monthly payment/progress payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to 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. 8) Warranty Contractor warrants the work completed against defect for a period of one (1) year from the date of completion. In the event that defect occurs during this time, Contractor shall correct any and all defects either by repair, replacement or reaccomplishment as determined by City. In the event such defects, as determined by the CITY, are not properly repaired, replaced or re -accomplished, the CITY shall perform such repairs, replacements or re -accomplishments at the Contractor's risk and cost. Contractor shall be responsible for any damages caused by defect to affected areas or interior of structures. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Weekley Asphalt Paving, Inc. 20855 S.W. 361h Avenue Weston, FL 33332 ATTN: Daniel D. Weekley, President 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and rough its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor / /l 5 —b-) `f Date �. IV7 � ATTEST: 4,Jeffreyf-/Mill&,City Manager Marion Swenson, CIVIC City Clerk Date ATTEST: Corporate Secretary -Myne D. Weekley. . Corporate Secretary (CORPORATE SEAL.) /// IJ0 0 q Date Approve as to farm and�legal su ncy: Mitchell S. KrAft. Cit�kAttorrtev Date Weekley Asphalt Paving, Inc. Company Name v Daniel D. Week President Cetn r , _ oa--Y Date �� CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :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 Daniel Weekley, President of Weekley Asphalt Paving, 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 I day of T�,>c�. 4 , 20%3 Signature of Notary Public Teresa Patane State of Florida at Large N;= Commission #DD221318 a Expires: Jul 16, 2007 rF6i Bonded Thru Atlantic Bonding Co., Inc. 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