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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-122Temp. Reso. #10450 May 11, 2004 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- /a� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 04- 16B TO PETRO HYDRO, INC., AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND PETRO HYDRO, INC., FOR AN AMOUNT OF $766,175.72 FOR THE TAMARAC LAKES NORTH AND THE BOULEVARDS WATER MAIN IMPROVEMENT PROJECT; APPROVING FUNDING FOR THIS PROJECT FROM THE APPROPRIATE 2004 REVENUE BOND ACCOUNT; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADMINISTER THE CONTRACT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in November 1999, Hazen and Sawyer completed a final engineering study recommending capital improvements to existing utilities in Tamarac East, which includes Tamarac Lakes North and The Boulevards, in conjunction with the City's comprehensive street resurfacing program; and WHEREAS, the recommendation for improvements to the water and wastewater systems in Tamarac East have been prioritized in Hazen and Sawyer's report based on the Roadway Resurfacing Program schedule; and WHEREAS, Phase 3 of the Tamarac East Utilities Upgrades has been scheduled for the utilities located at Tamarac Lakes North and The Boulevards (a copy of which is attached hereto in map form as "Exhibit A"); and Temp. Reso. #10450 May 11, 2004 2 WHEREAS, the scope of work for the Tamarac Lakes North and The Boulevards community includes the relocation of existing water mains and services from rear easements to the street right-of-way, the installation of additional fire hydrants, and several wastewater point repairs; and WHEREAS, Mathews Consulting, Inc., was contracted to complete the design, bidding, permitting, and construction administration for the Tamarac Lakes North and The Boulevards Water Main Improvements Project as approved by Resolution #R-2003-191; and WHEREAS, the City of Tamarac publicly advertised Bid No. 04-16B, Tamarac Lakes North and The Boulevards Water Main Improvements Project in the Sun Sentinel on March 21, 2004 and March 28, 2004 (a copy of said bid invitation document is on display in the City Clerk's office); and WHEREAS, the City solicited competitive sealed bids and on April 21, 2004, received, opened and reviewed six (6) bids as follows: COMPANY NAME TOTAL BID $ Petro Hydro 766,175.72 Globetec 791,744.00 Ric -Man International 806,392.00 Foster Marine 883,357.00 Mora Engineering 1,099,504.65 Chaz Equipment Co. 1,121,888.25 WHEREAS, Petro Hydro, Inc., was deemed the lowest responsive and responsible bidder (a copy of said Bid is attached hereto as "Exhibit B"); and 1 Temp. Reso. #10450 May 11, 2004 3 WHEREAS, the City of Tamarac Assistant Director of Utilities and Mathews Consulting recommends the award of this construction contract to Petro Hydro, Inc., in the amount of $766,175.72 as stated in the memo dated April 22, 2004 (a copy of which is attached hereto as "Exhibit C"); and WHEREAS, approved funding in the amount of $766,175.72 is available from the 2004 Revenue Bond account; and WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing and Contracts Manager that the appropriate City Officials award Bid No. 04-16B, Tamarac Lakes North and The Boulevards Water Main Improvements Project to, and execute an agreement with Petro Hydro, Inc., in an amount not to exceed $766,175.72 for this water main relocation and sewer main repair project; 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 approve the award of Bid No. 04-16B, Tamarac Lakes North and The Boulevards Water Main Improvements Project to, and execute an agreement with Petro Hydro, Inc., in an amount not to exceed $766,175.72. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Temp. Reso. #10450 May 11, 2004 4 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The award of Bid No. 04-16B, Tamarac Lakes North and The Boulevards Water Main Improvements Project, to Petro Hydro, Inc., is hereby authorized. SECTION 3: The appropriate City Officials are hereby authorized to execute an agreement between the City of Tamarac and Petro Hydro, Inc., (a copy of which is attached hereto as "Exhibit D") as part of said award. SECTION 4: An expenditure in the amount of $766,175.72 is approved to be funded from the 2004 Revenue Bond account. SECTION 5: The City Manager, or his designee, be authorized to make changes, issue Change Orders not to exceed $10,000 per Section 6-156(b) of the City Code, and close the contract award including, but not limited to, making final payment and releasing bonds when the work has been successfully completed within the terms and conditions of the contract and within the contract price. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any courtof competent jurisdiction to be unconstitutional or invalid, in 1 1 1 Temp. Reso. #10450 May 11, 2004 5 part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 26th day of May, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form MITCHELL S. KF CITY ATTORN RG/JM/mg l � j JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER C DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS ... "EXHIBIT A" TR #10450 >18Vd _j iml ivi8isnaNI < _J 3V8VWVI L.0 d3V 9 .9 U Z IL D O� I < I 0- ui z fA AV C2 o < < fA L IL 1 62 Z, U • .9 AV t,2 WF— 1d132 z r Li AV 92 ,Z/ cu W LL, 92 Cie uj, z > .2 z X: D 10. AV 2 I= L M M //U,/, N L) . pq CIO) (100) -C 1. , LLJ Ul 92 LO v- (Y) Lr) .2 < .10 '1 92 91 zo 31 ll V L2T`� .9 4 .9 1 . -. I A AV 2 r .9 0- -C C4 CV) Lr) OAd .2. (Y) Lr) . I u dia Lr) a"1 r --I , , U CL u cu cu w 0. Lr) Lol tr) 4 K R dlU di .9 V 48 i J- M.9 Ov -"AV 82 ZD z z z z LLI LLJ F- < 2< 0� D 0 LD LLI u 7- U mQ� 0� pq u CONTRACT DOCUMENTS FOR TAMARAC LAKES NORTH & THE BOULEVARDS WATER MAIN IMPROVEMENTS BID NO. 04-16B FOR THE CITY OF TAMARAC, FLORIDA CITY PROJECT NO. UW03A, USO4A FEBRUARY, 2004 MATHEWS CONSULTING, INC. 1475 CENTREPARK BLVD., SUITE 250 WEST PALM BEACH, FL 33401 Engineers Project No. 1216 1216 - 3/12/04 Tamarac Lakes North & The Boulevards Water Main Improvements City of Tamarac Purchasing and Contracts Division TABLE OF CONTENTS Bid 04-16B Invitationto Bid..................................................................................................................5 Instructionsto Bidders........................................................................................................6 SpecialConditions...........................................................................................................13 SpecialProvisions...........................................................................................................21 Bid Coversheet Checklist ......... :...................................................................................... Scheduleof Bid Prices........................................................................................:... 48 - 53 BidForm.....................................................................................................................1 of 3 Non -Collusive Affidavit................................................................................................ 1-2 Certification................................................................................................................1 of 1 Offeror's Qualification Statement................................................................................ 1 - 5 References...............................:.................................................................................1 of 1 Vendor Drug -Free Workplace....................................................................................1 of 1 List of Subcontractors.................................................................................................1 of 1 BidBond............................................................................................ - CertifiedResolution....................................................................................................1 of 1 TrenchSafety Act Form.............................................................................................1 of 1 FormPayment Bond................................................................................................... 1-3 FormPerformance Bond............................................................................................. 1-4 Application for Payment.............................................................................................1 of 1 ChangeOrder............................................................................................................ I of 1 Final Release of Lien by Contractor....................................:....................................... 1-2 Sample Form of Agreement ................ _ 1 City of Tamarac Purchasing and Contracts Division qt TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 01010 Summary of Work 01025 Basis of Payment 01050 Field Engineering 01090 Applicable Standards and Codes 01200 Project Meetings 01300 Submittals 01400 Quality Control 01410 Testing and Inspection 01500 Construction Considerations 01510 Utilities and Services 01520 Maintenance of Facilities and Sequence of Construction 01530 Protection of Existing Facilities 01550 Site Access and Storage 01560 Special Controls 01570 Traffic Regulations and Maintenance of Traffic 01580 Project Identification and Signs 01600 Materials and Equipment 01700 Project Closeout 01720 Project Record Documents DIVISION 2 - SITEWORK 02010 Subsurface Investigation 02140 Dewatering 02222 Excavation and Backfill for Utilities 02500 Surface Restoration 02520 Asphaltic Concrete Pavement 02526 Pavement Curb and Sidewalks 02570 Milling of Existing Asphalt Pavement 02580 Pavement Marking and Signs 02750 Wastewater Flow Control 02751 Preparatory Cleaning and Root Removal 02752 Television Survey 02757 Point Repairs of Sanitary Sewers 02759 Replacement of Sanitary Service Lateral and Cleanout 02760 Service Laterals Television Survey DIVISION 3 - CONCRETE 03305 Concrete and Grout DIVISION 4 - MASONRY - (Not Used) 2 w City of Tamarac Purchasing and Contracts Division DIVISION 5 — METALS — (Not Used) DIVISION 6 - WOOD AND PLASTICS - (Not Used) DIVISION 7 - THERMAL AND MOISTURE PROTECTION - (Not Used) DIVISION 8 - DOORS AND WINDOWS - (Not Used) DIVISION 9 - FINISHES - (Not Used) DIVISION 10 -SPECIALTIES - (Not Used) DIVISION 11 — EQUIPMENT - (Not Used) DIVISION 12 - FURNISHINGS - (Not Used) DIVISION 13 - SPECIAL CONSTRUCTION - (Not Used) DIVISION 14 - CONVEYING SYSTEMS (Not Used) DIVISION 15 - MECHANICAL 15000 Piping, General 15006 Ductile Iron Pipe 15008 PVC Non -Pressure Pipe 15100 Valves, General 15108 Gate Valves 15115 Miscellaneous Valves 15995 Pipeline Testing and Disinfection DIVISION 16 — ELECTRICAL - (Not Used) DIVISION 17 — INSTRUMENTATION - (Not Used) 3 . OF 1 City of Tamarac Purchasing and Contracts Division 4 �U \ DRAWINGS SHEET DRAWING TITLE GENERAL DRAWINGS 1 G-1 TITLE SHEET, LOCATION MAP AND DRAWING LIST 2 G-2 KEY MAP, SYMBOLS, LEGEND AND SURVEY NOTES 3 G-3 GENERAL NOTES AND INFORMATION CIVIL DRAWINGS 4 C-1 N.W. 51ST PLACE - PLAN AND PROFILE - SHEET 1 5 C-2 N.W. 51ST PLACE - PLAN AND PROFILE - SHEET 2 6 C-3 N.W. 52ND STREET - PLAN AND PROFILE - SHEET 3 7 C-4 N.W. 52ND STREET - PLAN AND PROFILE - SHEET 4 8 C-5 N.W. 52ND COURT - PLAN AND PROFILE - SHEET 5 9 C-6 N.W. 52ND COURT - PLAN AND PROFILE - SHEET 6 10 C-7 N.W. 52ND PLACE - PLAN AND PROFILE - SHEET 7 11 C-8 N.W. 52ND PLACE - PLAN AND PROFILE - SHEET 8 12 C-9 N.W. 52ND COURT - PLAN AND PROFILE - SHEET 9 13 C-10 N.W. 53RD STREET- PLAN AND PROFILE - SHEET 10 14 C-11 N.W. 53RD STREET - PLAN AND PROFILE - SHEET 11 15 C-12 N.W. 26T" TERRACE - PLAN AND PROFILE - SHEET 12 16 C-13 N.W. 27T" AVENUE - PLAN AND PROFILE - SHEET 13 17 C-14 N.W. 54T" STREET - PLAN AND PROFILE - SHEET 14 18 C-15 N.W. 54T" STREET - PLAN AND PROFILE - SHEET 15 19 C-16 N.W. 54T" STREET - PLAN AND PROFILE - SHEET 16 20 C-17 N.W. 26T" AVENUE - PLAN AND PROFILE - SHEET 17 21 C-18 N.W. 55T" STREET - PLAN AND PROFILE - SHEET 18 22 C-19 N.W. 23RD AVENUE - PLAN AND PROFILE - SHEET 19 23 C-20 SANITARY SEWER IMPROVEMENTS 24 C-21 STANDARD DETAILS - SHEET 1 25 C-22 STANDARD DETAILS - SHEET 2 26 C-23 STANDARD DETAILS - SHEET 3 27 C-24 STANDARD DETAILS - SHEET 4 28 C-25 STANDARD DETAILS - SHEET 5 4 City of Tamarac "Committed to Excellence ... Always " Purchasing and Contracts Division INVITATION TO BID BID NO. 04-16B Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 4:00 p.m. local time on April 21, 2004 at which time bids will be publicly opened and announced for:. TAMARAC LAKES NORTH & THE BOULEVARDS WATER MAIN IMPROVEMENTS All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids shall be submitted on the official Bid Forms furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal .should be plainly marked "City of Tamarac, Tamarac Lakes North & The Boulevards Water Main Improvements" on the outside of the envelope. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount not less than 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Pre -Bid Conference will be held on Wednesday, April 7, 2004 at 9:30 a.m. at the Tamarac Municipal Complex, Conference Room 107, 7525 NW 881h Avenue, Tamarac, Florida. All parties interested in bidding on this project should attend this meeting. The work consists of the Contractor furnishing all labor, materials, tools, and equipment necessary, as indicated in the specifications herein and generally to include, installation of a new 8-inch water main, water services, roadway resurfacing, sanitary sewer main/laterals point repairs, abandon in -place existing 6-inch, 4-inch and 2-inch ACP water mains, including all appurtenances and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and purchase in the Purchasing Office and may be purchased at a cost of $75.00 per set. Payment must be made to the City of Tamarac. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. For technical issues, fax questions to David L. Mathews, P.E., Mathews Consulting, Inc., 1475 Centrepark Blvd., Suite 250, West Palm Beach, Florida, 33401 at (561) 478-7961, fax (561) 478-7964. Include the Project Name and Bid Number on all correspondence. James S. Nicotra, CPPB Senior Procurement Specialist Publish Sun Sentinel: Sunday, 03/21 and 03/28/2004 1 9,➢ of Tamarac Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS BID NO. 04-16B It is the intent of the City to award this bid to the lowest responsible and responsive bidder for either the base bid or base bid plus any/or all alternates, as the City determines is in its best interest. 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. 1§1*1W.U2001A LYiW6I,11 The City of Tamarac is interested in obtaining proposals from qualified Contractors for installation of a new 8-inch water main, water services, roadway resurfacing, sanitary sewer main/laterals point repairs, abandon in -place existing 6-inch, 4-inch and 2-inch ACP water mains, including all appurtenances and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. 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, on or before the date and time referenced in the Invitation to Bid. 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 name and number 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 package. If requests for clarifications are not submitted in writing to the City's Engineer/Project Manager within ten (10) working days prior to bid opening, it shall be construed that the Bidder fully understands and does comply with all terms, conditions and specifications identified in this bid. The Bidder shall submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Two (2) photocopies should accompany your original; however, copies must be made available within 3 business days of 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 6 I City of Tamarac — Purchasing and Contracts Division his/her signature. All quotations must be typewritten or filled in with pen and ink. 'Bids having erasures or corrections should be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety days from the date of the bid opening unless otherwise stated by the City. 2. BID GUARANTY 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. The Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 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 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. 5. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit and should submit the form with the Proposal. The City considers failure of the Contractor to submit this r document to be a major irregularity and may be cause for rejection of the Proposal if not received within three (3) business days of City's request. i; 6. QUANTITIES Quantities if shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. City shall pay Contractor the amounts determined for the total number of units of work completed at the unit price stated in the Schedule of Bid Prices. Final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 9 City of Tamarac 7. PRICES, PAYMENTS AND DISCOUNTS Purchasing and Contracts Division 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 should enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. 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 should submit brochures, specifications and/or samples to the City's consultant or Engineer/Project Manager seven (7) days prior to bid opening, however, such must be provided within three (3) days upon request of City. The City shall be the sole judge of equality relative to substance, quality and function. 10. SAMPLES AND DEMONSTRATIONS When requested, samples, are to be furnished free of charge to the City. If a sample is requested it should be delivered within seven (7) days prior to bid opening, however, such must be provided within three days it is requested by City 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. City of Tamarac Purchasing and Contracts Division 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. 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 standard.s 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 88th 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. City of Tamarac__________ "{ Purchasing and Contracts Division 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. 17. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City.. 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. 19. TAXES 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 10 of Tamarac and Contracts Division hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety 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: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $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 Liability Statutory Builder's Risk Insurance is required in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value. The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary 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 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 f T� J ��9 of Tamarac " Purchasing and Contracts Division 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, requests for clarification or solicitation for additional information should be submitted in writing to the Consultant within ten (10) days prior to bid opening. 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 purchasingCcD-tamarac.org. Or Bidders may download bid results from the City's website at http://www.tamarac.org/Dept/fin/purch/resuIts.htmi. 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. 12 City of Tamarac " Purchasing and Contracts Division 28. LICENSES 1. A State Certification as a General Contractor with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. OR 2. A Broward County Competency Engineering Contractor Class A license with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. 13 0e. City of Tamarac _Purchasing and Contracts Division SPECIAL CONDITIONS 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 contact, 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 vehicular and pedestrian 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. e 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, 14 �9 City of Tamarac " Purchasing and Contracts Division 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 Department by telephone at (954) 724-2400 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 Engineering and Building permits however, the City will reimburse Contractor for these permit fees. The City will obtain the Broward County Department of Planning and Environmental Protection (DPEP) permit. Permits/fees as may be required from agencies other than City or DPEP, shall be the responsibility of the Contractor to obtain, pay and include such costs in the applicable items of the Schedule of Prices. The Contractor shall submit copies of all permits required for this work. 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 Construction 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 himself 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 Utilities Department, Building Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No v inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required 7 15 y of Tamarac _ Purchasing and Contracts Division d, 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. CHANGES IN THE WORKICONTRACT 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 Engineer/Project Manager. 16 of Tamarac Purchasing and Contracts Division 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 increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 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 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 17 City of Tamarac 9 Purchasing and Contracts Division 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 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. Ff.] �9 of Tamarac " " Purchasing and Contracts Division t If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. 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 for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. 19 T� 1 4 of Tamarac " Purchasing and Contracts Division Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing work including overhead utilities and underground cables and pipes. Excavation of paver area within five feet (5) of utilities shall be performed by hand. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800- 432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. The City's designated Contractor shall accomplish patching and replacing damaged work and the CONTRACTOR will pay the cost of this work. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 20. CONTINGENCY ALLOWANCE A contingency allowance may have been allowed for this project in the amount identified in the Bid Schedule. If a contingency allowance is stipulated in the bid, the Contractor is not to use this contingency allowance without permission from the City and upon written justification to the City for such use.. 20 9 City of Tamarac �' Purchasing and Contracts Division SPECIAL PROVISIONS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for installation of a new 8-inch water main, water services, roadway resurfacing, sanitary sewer main/laterals point repairs, abandon in -place existing 6-inch; 4-inch and 2-inch ACP water mains, including all appurtenances and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. 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 singularand 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 the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 04-16B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2.7 Contract Times — the number of 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 the Engineer's/Engineer/Project Managers written recommendation of final payment. 21 vu i +y City of Tamarac " Purchasing and Contracts Division 2.9 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Engineer/Project Manager' are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract 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 the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications — Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the City's acceptance of the job. 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. 22 w� City of Tamarac Purchasing and Contracts Division 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive — A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: (1) The Special Provisions (2) The Technical Specifications (3) The Instructions to Bidders and General Terms and Conditions (4) The Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scale measurements, the a figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the.intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-knowntechnical 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 23 T^�J City of Tamarac Purchasing and Contracts Division governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference- in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements'of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sampled or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACT TIME 6.1 By virtue of the submission of its bid, Bidder agrees and fully understands that the completion time of the work of the Contract is an essential and material condition of the Contract and that time is of the essence. The successful Bidder agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof, within the time specified. Substantial completion shall be completed within 105 calendar days from the City's Notice to Proceed. Final completion shall be 15 calendar days following acceptance of substantial completion. 7. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 7.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 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 time capable of making field decisions, interpreting plans, etc. The 24 City of Tamarac Purchasing and Contracts Division Contractor shall also provide suitable personnel who shall be available 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 the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 7.6 The Contractor shall be aware that the job may be 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. 7.8 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 7.9 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 25 City of Tamarac Purchasing and Contracts Division 1.10 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 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 the 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. 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 the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.18 Without limiting the foregoing, the Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 26 City of Tamarac " Purchasing and Contracts Division 7.1g 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 The Contractor shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such work. All Work Directives must be approved by the City Manager or designee identified as such in writing. 7.22 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 7.23 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 7.24 Any coring of existing structures, including seawalls, required for installation of any items within the scope of this contract are the responsibility of the Contractor. 7.25 The Contractor is responsible for dewatering jacking and receiving pits and for dewatering the path of proposed irrigation crossings. Where the ground water level is above the invert of the proposed crossing, dewatering is necessary to reduce the water level to below invert of the proposed crossing, and must be designed, installed and in operation prior to beginning the crossing. 8. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT AND THE 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. The City will not provide any elevations for reference. The Contractor shall be responsible for all layouts 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 Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. 27 Cityof Tamarac �+ ` ^ Purchasing and Contracts Division 8.2 The Contractor shall be responsible for locating all utilities that may interfere with this part of the resurfacing program. The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 8.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 9. SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, The Contractor shall submit to The Engineer/Project Manager for review and approval, eight (8) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified'performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 9.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 9.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 9.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 9.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy 28 City of Tamarac Purchasing and Contracts Division of such drawings nor for the proper fittings and construction of the Work, nor for the.furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 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. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 10.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 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 and the Contractor agree in writing prior to execution of this Agreement. 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. - 29 -- of Tamarac j �^y � Purchasing and Contracts Division 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 The City shall furnish data required of the City under the Contract Documents promptly. 11.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 12.. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 12.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 12.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 12.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project ' Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 12.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not 30 / wM 7 City of Tamarac Purchasing and Contracts Division A R1 involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the .Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 12.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 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 the Contractor's responsibility to find and secure suitable and safe locations for this purpose. Restoration of all storage areas shall be Contractor's responsibility. 14. CLEANUP AND RESTORATION 14.1 During and after completion of all work each day, 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 material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of each workday. It shall be the Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 14.2 Cleanup shall be performed on a daily basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 15, DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY. 14.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 14.4 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. 14.5 If the Contractor fails to properly maintain the site or perform required clean- ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. City of Tamarac ,M Purchasing and Contracts Division •UqV 14.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 15.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 15.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 15.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 15.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Utilities Department by telephone at (954) 724-2400 and inform the appropriate staff member about the location and extent of the damages. - 15.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be . issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 16. CONNECTION TO CITY WATER The contractor must have secured all applicable permits prior to the connection of any irrigation system to City Water. The contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact thesedepartments at least 48 hours prior to inspection of work. 17. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 17.1 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. of Tamarac Purchasing and Contracts Division 17.2 The Contractor shall immediately bring to the attention of the Engineer/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 whose decision shall be final. 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 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. 18.3 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. 19. ACCEPTANCE OF WORK 19.1 Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 20. TESTS AND INSPECTIONS 20.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 20.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 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 33 of Tamarac and Contracts Division indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 21. 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 all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 21.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 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; 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 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 for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the . Contractor for all Work 34 of Tamarac Purchasing and Contracts Division 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 The City shall retain Ten percent (10%) of all monies earned by the Contractor 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. 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 y 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 5 previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no 35 of Tamarac and Contracts Division 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. 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 the City. 22.9.6 The Contractor's completion of Punch List. 22.9.7 Warranties are submitted to and accepted by the City. 23. CHANGE QUANTITIES/CHANGE ORDERS 23.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A Written Amendment, Change Order or. Work Change Directive shall authorize such additions, deletions or revisions. 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 the City or which extend the time for completion, must be formally authorized and approved by the Tamarac. City Commission prior to their issuance and before Work may begin. 23.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 23.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 36 City of Tamarac Purchasing and Contracts Division 23.5 The Engineer/Project Manager on forms provided by the City shall prepare Proposed Change Orders. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 23.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 23.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 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 the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 23.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than three (3) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 23.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 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. 37 �M { v� City of Tamarac " Purchasing and Contracts Division 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. SUBSTANTIAL COMPLETION The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 26. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 27. FINAL APPLICATION FOR PAYMENT 27.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 27.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with 38 "w City of Tamarac Purchasing and Contracts Division the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As - built" drawings. 28. FINAL PAYMENT AND ACCEPTANCE 28.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work. has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor. 28.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Engineer/Project Manager so confirms, the City shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the 'v Work fully completed and accepted. If the remaining balance to be held by the 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 the i. Contractor to the 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. lr 28.3 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 39 City of Tamarac Purchasing and Contracts Division l q,0 payment shall constitute a waiver of claims by the City except those arising from: 28.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 28.3.2 Faulty or defective Work and latent defects discovered after acceptance. 28.3.3 Failure of the Work to comply with the requirements of the contract documents. 28.3.4 Terms of special warranties required by the contract documents. 28.3.5 Any of the Contractor's continuing obligations under this Agreement. 28.4 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 29. CITY'S RIGHT TO WITHHOLD PAYMENT 29.1 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: 29.1.1 Defective Work not remedied. 29.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 29.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 29.1.4 Damage to another Contractor not remedied. 29.1.5 The Contractor has incurred liability for liquidated damages. 29.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 29.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 29.1.8 Failure to carry out the Work in accordance with the Contract Documents. 29.2 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 40 9 City of Tamarac Purchasing and Contracts Division 30. WARRANTIES 30.1 Not withstanding any provisions of the Technical Specifications the Contractor shall warranty the soundness of all work as noted in the Technical Specifications from the date of final acceptance of work. The Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. 30.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied 'or adopted and that all services will be performed in a Workmanlike manner. 30.3 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 30.4 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 31. CORRECTION PERIOD 31.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of acceptance by the City. If within the period of warranty from the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not. limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 31.2 Where defective Work (and damage to other Work resulting therefrom) has 3 been corrected, removed or replaced under.this paragraph, the correction period hereunder with respect to such Work will be extended for an 41 i 9 of Tamarac Purchasing and Contracts Division au . additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 31.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Section 32.1 relates only to the specific obligation of the Contractor to correct the Work, and has no .relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 32. CONTRACT TIME 32.1 Time is of the Essence for Work performed under the Contract. The Work, as identified in the construction plans Section shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed as within the calendar days listed below. 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 as specified under the General Terms and Conditions - of this bid/solicitation. 32.2 The Contractor shall provide services as expeditiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 32.3 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. 32.4 Contract Time may only be changed by a properly and fully executed change order that shall exist prior to the extension of the Contract Time. 32.5 Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. 32.6 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 the 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 42 • wy vy City of Tamarac Purchasing and Contracts Division < o. of work on the critical path, available to absorb specific delays and associated impacts is used. 32.7 The Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from the 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 the Contractor for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of the City or its agents. Otherwise, the 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": 32.7.1 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. 32.7.2 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. 32.7.3 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 reasonable action to perform notwithstanding the strike. Failure to `. perform because of additional cost shall not be deemed compliance. 32.7.4 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. 43 —.__ tCity of Tamarac Purchasing and Contracts Division 32.7.5 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. 32.8 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. 33. CONSTRUCTION SCHEDULE 33.1 The construction schedule shall be in the form of a tabulation, chart or graph (MS Project 98) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 33.2 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 33.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 33.4 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. 33.5 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. 33.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineering/Engineer/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineering/Engineer/Project Manager a revised construction schedule for approval. 44 � 9 City of Tamarac '° Purchasing and Contracts Division 34. PROTECTION OF PERSONS AND PROPERTY 34.1 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. 34.2 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. 34.3 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. 34.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents 'to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 34.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 34.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 34.7 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. 35. TRAFFIC CONTROL AND WORKING HOURS 35.1 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 4 P.M. any deviation shall be approved in advance by the -City. 45 y �9 City of Tamarac " Purchasing and Contracts Division 1 35.2 The Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 35.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 35.4 All unit prices provided by the 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. 36. HURRICANE AND SEVERE WEATHER PRECAUTIONS 36.1 At the direction of the Engineer/Project Manager, the Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 36.2 All construction materials or equipment will be secured against displacement by wind forces. 37. WORK BY THE CITY OR CITY'S CONTRACTORS 37.1 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. 37.2 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. 37.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. pF T� City of Tamarac `' Purchasing and Contracts Division COMPANY NAME: (Please Print): -�roIle . Phone: JO.5 ed'71- OF )k Fax:.30.v BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Properly fill out the Bid Forms and Bid Schedule. ❑ 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. ❑ 5. Fill out the Offeror's Qualification Statement. ❑ 6. Fill out the References page. ❑ 7. Sign the Vendor Drug Free Workplace Form. ❑ 8. Fill out the List of Subcontractors. ❑ 9. Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms. ❑ 10. Fill out and sign the Certified Resolution. ❑ 11. Complete and return the Trench Safety form. ❑ 12. Include proof of insurance. ❑ 13. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 47 �9 City of Tamarac Purchasing and Contracts Division SCHEDULE OF BID PRICES TAMARAC LAKES NORTH & THE BOULEVARDS BID NO. 04-16B Notice To All Bidders The City of Tamarac is hereby requesting Bids, from qualified vendors, for the rehabilitation of Tamarac Lakes North & The Boulevards Water Main Improvements in the City of Tamarac. In order to be considered for this project, the Bidder shall possess at time of bid opening one of the following State, County or equivalent licenses: 1. A State Certification as a General Contractor with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. 2. A Broward County Competency Engineering Contractor Class A license with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. We propose to furnish the required items in conformity with the specifications, and at the bid prices noted in the following Schedule of 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. Bidder agrees that any unit price listed is to be multiplied by the approximate quantity requirements in order to arrive at the total. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. A more detailed description of the Pay Items is located in Section 01025 of the Technical Specifications. It is the intent of the City to award this contract based on the Total Base Bid for all bid items. In the event of a discrepancy between written figures and numbers, .the former shall govern. In the event of latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. 48 City of Tamarac Purchasing and Contracts Division ITEM DESCRIPTION UNIT EST. UNIT PRICE UNIT EXTENDED NO. CITY. (in words) PRICE TOTAL PRICE 1* Site Mobilization/Demobilization LS •;,/ y 7hrc� o�S 1i9im`Jw4red5[rr$ 33,/72'00 $ 33,174•00 Dollars 7h;r,, n hovdd #Ir 2 Maintenance of Traffic LS 1 i et» $ 30, 4/$•°° $ 30��/5• °° Dollars 3 t ro Cents S.trrr� �hovsA�� 3 As -Built Record Drawings LS 1 �� hJ00(it d $ 7, Scd • °° $ 7i rdp. o0 Dollars 3.eyv nts 4 Indemnification LS 1 Ten $ 10.00 $10.00 Dollars No Cents %�iir� �i y �i � 5 8„ DIP Water Main LF 5510 $ 3e.50 $ 212) 13.5. 00 DoIla s Cents 0*c 4-houN o e/ 6 8" Gate Valve EA 5 a4 ytM H fired $ /1 /OC) • 00 $ S600.00 Dollars Yry Cents grr>, i-m me/rcd 7 6" Gate Valve EA 10 Stytoly Aece. $ 713'°0 $ 71730• 00 Dollars tr Ce is tavfa14a( 8 6" x 6" Tap Sleeve and Valve EA 15yfN tit Ncireo/ $ 1 , 700 •Q* $ Z5, Jam• 00 Dollars Ce6ts 006 �io ara Nd ?l7� 9 4" x 4" Tap Sleeve and Valve EA 3hoJgdra Ai( �irt $ %, 335.0D • ov $ 005 Dollars C6.Kts I y pF TAy Y'' City of Tamarac " Purchasing and Contracts Division ITEM DESCRIPTION NO. UNIT EST. UNIT PRICE UNIT EXTENDED QTY. (in words) PRICE TOTAL PRICE dour ,%ousa Nd �h r(G 10 Air Release Valve EA 1 /1ondrd Q-/9 tit $ $ Dollars C nts neeA #OQJ4.0d 11 Fire Hydrant Assembly EA 12 12 Fill and Flush Assembly EA 13 Sample Points EA 14 Single Water Service EA Double Water Service 15 (open -cut) EA 16 Double Water Service Qet) EA 17 Rear Yard Water Services EA 2" terminal Blowoff w/ 8" 18 Plug EA $ -31�Q • p0 $ 36, oz . 00 Dollars C nts to gpl.°o $ 17, 658.po ars Cro Ce is 20 )4Df�c✓rcd ✓,r $ 15 .00 $ 3/ o — 00 ars Cents YlC JwNa(rCo% Dollars ,erV Ce is A"" alre d 42 %kycrify A,-tt $ 5Z3•°° $ 2�, q66. °� Dollars Ce s (Ne -A0,1s4fN d s« 5JW )f'0(r(d S;X�fodr $ 1,7 6Y! o. $ Dollars ,evv Ce is 102 .ce >�.. $ 315• °, $ 32,130 • o� D Ilars �Yv Qyl� io(/fatitc{ ►rCc. Dollars i►� Cent 50 pf ♦AM City of Tamarac _ _ °{ Purchasing and Contracts Division Cr ITEM NO. DESCRIPTION UNIT EST. UNIT PRICE CITY. (in words) UNIT PRICE EXTENDED TOTAL PRICE 19 Connect to Existing 6" Water Main EA rcr. 4VS6tK iM l'1 1 {tMNdrfd $ Ag2.0.00 $ .00 3� 920 ' Dollars I* � Cen s 20 Grout Existing Water Main (6") LF 590 E,/Z #r&t 'l Dollars tr-0 Cen s Grout Existing Water Main �' 3 0 lG CC, �3�' 21 (4") LF 2545-11'�C— $ $ D Ilars 'r Cents fir/ JUA Kdr'`d Cut & Plug Existing Water I/Y0'o0 5 280'�° 22 Mains EA 12 $ $ Dollars �ery ry�yc �S�daud 23 Ductile Iron Fittings TN 51M"alI eN $ 61 2110'°u $ 3f1200 "00 Dollars Cent 24 Sanitary Sewer Main Point Repair EA //�� 121� hdr(d , / 00 $ ` 1 jzo. $ t�qt� i/ ou l V 0 Dollars Cerfis TNN RWVfq Kd 25 Reconstruct Sanitary Sewer Lateral EA 2 'T�" co $ 2� 0 Z f7• $ , t Q o0 `�) Dollars Cen s 26 Open Cut Pavement Repair LF e 5510 .7 �'y� r1 $ /� 9� $ 7 / too 017 �q Do tars Cents 1" Type S-1II Asphalt �^. 7 �'� 6 5 621650.0 27 Overlay SY 9301 $ ,6 $ D Ilars �r1 t.,e— C nts 51 1R�9 City of Tamarac '° _ Purchasing and Contracts Division _ _ _ _ ITEM NO. DESCRIPTION UNIT EST. UNIT PRICE CITY. (in words) UNIT PRICE EXTENDED TOTAL PRICE 28 3' Concrete Sidewalk (4" Thick) LF 10 / W t� ye_ $ /2'50 $ 17- 5• °O Dollar /7� Cents 29 Concrete Curb Restoration LF /0 40 /!"� 7h $ 23� O9 $ gZ�•0° Dollars Cents /, »e�e>" Avufallo( 30 Pavement Marking and Signage LS 1 "rt AMNdre4( $ 19�5dQ'�° $ !9, 500•°° Dollars 3,tra Cen s : jr iandr�d 31 Stop Condition EA 12 'r{,. $ �6$.o0 $ 5,580 o� Dollars &V Cent 32 2" Tapping Saddle EA 1 '71$ V50 Doll rs o Cen s Fifty 33 Contingency Allowance LS 1 Thousand $ 50,000.00 $ 50,000.00 Dollars No Cents One Thousand 34 Video Allowance LS 1 Five.Hundred $ 1,500.00 $ 1,500.00 Dollars No Cents TOTAL BASE BID ITEMS 1 - 34 (in numbers) `j.CY&i na(reef $ 7144 662 AF TOTAL BASE r1f-(, COLt 7ADdA�,rlt /P('14(r'fd 7'WO BID ITEMS 1 - 34 (in words) Doll r i V� Cents 52 -- City of Tamarac _ _Purchasing and Contracts Division Alternate Bid Item ITEM NO. DESCRIPTION UNIT EST. UNIT PRICE (in QTY.Words) UNIT EXTENDED PRICE TOTAL PRICE 1" Type S-III Asphalt 1 A Overlay SY 3341 S f Y�y1 $ 37 $ 24,623.17 Doll rs t ir n s *There is a 5% cap for Bid Item 1 (refer to Section 01025) TOTAL BASE BID ITEMS 1-34 $5 74 fi 5.5Z- (IN NUMBERS) $ SQve4l %�Ndrrd -- i r Qvie �4udaN� TOTAL BASE BID ITEMS 1-34 (IN WORDS)YZ J �LI N G�►-t°�l 'tom /Y✓0 Dollar re - Cents DETERMINATION OF AWARD Except where City exercises the right reserved herein to reject any or all bids, and subject to the restrictions stated herein, the Contract shall be awarded to the responsible Bidder who has submitted either the lowest responsive Base Bid, or the lowest responsive Base Bid including such Alternates as City determines to be in its best interest. 53 9 City of Tamarac Purchasing and Contracts Division N BID FORM BID 04-16B TAMARAC LAKES NORTH & THE BOULEVARDS WATER MAIN IMPROVEMENTS Submitted by: F,2. n A,(0 .J,"C'. (Bidder) 1-0010 (Date) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to. enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or { induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Schedule of Bid Prices". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Page 1 of 3 Bid Form F A._ 1 9 of Tamarac Purchasing and Contracts Division BID FORM f BID 04-16B (continued) 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; a also agrees that products and/or equipment to be delivered whi h fail to m t bid specifications will be rejected by the City within thirty (30) days f delivery rn of rejection will be at the expense of the bidder. A,, il,dro Le. Company Name 10!50 �`y�3 ! 5}eR Address c-I'Yl.+ rM i, r-1 • I W -72 City, State, ZIP Authorized Signature ",b C'. nted Name JpZ Telephone 1A0 I Aara a@ 06-.4-ry X l a,(0.010ff) Fax Number Ema Address of Above Sig6er ['72.C. r"0Loa-60734/3:5 Contractor's License Number Federal Tax ID# Page 2 of 3 Sid Form City of Tamarac Purchasing and Contracts Division BID FORM BID 04-16B J( Q (continued) Bidders Name: TERMS: % DAYS: To be considered eligible for award, one (1) original of this bid form MUST be submitted with the Bid. Two (2) photocopies should accompany the original; however, copies must be provided within 3 business 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 3 of 3 Bid Form City of Tamarac Purchasing and Contracts Division NON -COLLUSIVE AFFIDAVIT State of lRa rJ� ) )ss. County of C _) being first duly sworn, deposes and says that: 1. He/she is the er Partner, Officer, Representative or Agent) of �d/o ... nC. , 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, nd proper and are not tainted by any collusion, conspiracy, connivance, or unl wful agreem t on the part of the Offeror or any other of its agents, repr sentatives, o ners, employees or parties in interest, including this affiant. i ed, sealed and deli v redIlin the presence of: _ By Witness Printeq Name Title Page 1 of 2 Non -Collusive Affidavit f 1 City of Tamarac Purchasing and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of �>CUAC- On this the ry day of pa it , 2064, before me, the undersigned Notary Public of the State of Florida, personally appeared l %kya& U Anec t, 3 d f and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC N ARY PUBLIC, STATE OF FLORIDA SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) D-Personally known to me, or ❑ Produced identification: Jessica Estremera Commission #DD238911 Expires: Aug 05, 2007 '''1Pod ri Bonded Thru Atlantic Bonding Co., Inc (Type of Identification Produced) CT ❑ DID take an oath, or DID NOT take an oath Page 2 of 2 Non -Collusive Acknowledgement City of Tamarac `T•�" Purchasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTN I RSHIP ❑ CORPORATION [OTHER ❑ If "Other", E plain: Authorized ignature Name (Printed Or Typed) Title Federal Employer I.D./Social Security No. Company Name Address Telephone City/State/Zip p 9q Ra- tAkvXQdg Fax Number Contact Person Page 1 of 1 Certification T City of Tamarac Purchasing and Contracts Division 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 88th Avenue Tamarac, Florida 33321 It Check One d, Submitted By: ZLA-ra �iLIro,onC Corporation Name: DPAG MA 014 04 0e k . ❑ Partnership Address: 1Oi15p rw O T-e1 , ❑ Individual Principal Office: —t'VUo n-It 1 FL. 3912a ❑ Other Telephone No. AO-)- 0,9)& Fax No. �300� 5�w-P9 9a 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: Oa,►a�dc� Ci a., z , 3R. The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: L-� /L?V/ b) State of Incorporation: /_ lae4 da c) President's name: CA1 �2 d) Vice President's name: ;0►�-imbe/l AQ L e) Secretary's name: _ A - S • LcA4&Z f) Treasurer's name: �I55 _ t,E aae ct'0. g) Name and address of Resident Agent: Page 1 of 5 Offeror's Qualification Statement y c City of Tamarac Purchasing and Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners:. A c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. u personally inspected the site of the proposed work? 7ES❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ffYES ❑ NO 10. Did y attend the Pre -Proposal Conference if any such conference was held? YES ❑ NO Page 2 of 5 Offeror's Qualification Statement cn 3 No Text SUSINE53 NAME / LOCATION PETRO HYDRO INC LICENSE NO. 4 0 6 5 34 - 8 10446 NW 31 TERR STATE #EB0006711 33172 UNIN DADE COUNTY OWNER PETRO HYDRO INC Sec. Type of Business EMPLOYEES 212 P.A/CORP/PARTNERSHIP/FIRM 1 3 AN OCCUPATIONAL ONLY. IT DOES NOT T THE LICENBEE TO %TE ANY EXWINa LATORY OR ZONING OF THE COUNTY OR Sir THE u°OCEeR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY -LICENSING BOARD .(850) 487-13.95 .1940 NORTH MONROE STREET TALLAHASSSEE FL 32399-0783 GARCIA, ORLANDO JR PETRO HYDRO INC 158 ISLA DORADA BLVD CORAL GABLES FL 33143 STATE OF FLORIDA A044A. DEPARow PROP3218. CGC06179 CT CERTIFI GARCXA,t A PE'rRo IS CERTIFIED under t".Provjxjonxof.ch.460l"M • upiration date: Aupt.311 ------------ ------------- 7­7 ------------ .................... DETACH HERE *AC#. -STATE OF FLORIDA`. V-SPARTM9 OF ZU SS'. AND' D. jPROVESSIGNAL'-' R EMIL, C9STRVCTINDVSTRY LICgNSING B6kX 111kyllm T.Tr Nqp WBp 'Ao 77 vr, 00 - "-T 5,9 bw IFUD 04 e .,?T OIbpwj.* lcl e Eld 119 p, n of: Chap 0 s Expiration..d4te: AUG 31, 200 7-- C .4RO P_ ISLA DORADA BLVD CORAL. GABLES FL 3.3143 City of Tamarac " Purchasing and Contracts Division 4 ,O a 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: d 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 L 13. List the pertinent experience of the key individuals of your, organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: III yepu L r 15. State the name and address of attorney, if any, for the business of the Offeror: Q 44 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: (oco,,ndr) P, a-¢ f i'n . \.Q . -- L or1 * 1a 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3 of 5 Offeror's Qualification Statement PETRO HYDRO INC. Engineering Contractor, Environmental Engineering & General Contractors. \ G.C. License #: CG-0061799 • GE License.# E21160 Name Company/Position Arturo Rodriguez DORM -Project Mgr. Eduardo Vega Joaquin Rabassa Alfonso Duarte Otto Rojas, P.E. Ruben Arencibia Pedro Querejeta David Romano Mario Ferro DORM -Construction Mgr - Public Works-Const. Mgr. Public Works-Proj. Mgr. Public Works-Const. Mgr - Public Works-Proj. Mgr. ADA Engineering-Proj.Mgr Consultech Eng.-Const.Mgr. Ferro Development Contact # (305) 372-6664 (305) 372-6401 (305)375-2392 ext:4338 (305)375-2392 ext:4684 (305)375-2392 ext:2290 (305)375-2392 ext:5389 (305)599-3141 (305)599-3141 (305)822-6822 A 10446 N.W. 31st Terrace / Miami, FL 33172 / Phone: 305-477-0878 / Fax: 305-594-8982 / E-mail: Igarcia@petrohydro.com PETRO HYDRO, INC. FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) D... .. , 09 --.. .. . . PETRO HYDRO, INC. Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) CONTENTS Report of Independent Auditors............................................................... Financial Statements: BalanceSheets....................................................................................... Statementsof Income........................................................................... Statements of Retained Earnings.......................................................... Statements of Cash Flows ...........:. Notes to the Financial Statements......................................................... Supplementary Information: Report on Supplementary Information ...................................... Schedule of Uncompleted Contracts ....................................... Schedule of Completed Contracts ........................................... Schedule of General and Administrative Expenses ....................... Page 1 2 3 4 5 6-13 14 15 16 17 RPn�*P� R Comoanv. cros Benitez & Company, cPAs CERTIFIED PUBUC ACCOUNTANTS AND CONSULTANTS 8001 Coral Way • Miami, Florida 33155 305.261.8689 • Fax 305.261.8585 www.BenitezOPAs.com To the stockholders Petro Hydro, Inc. Miami, Florida We have audited the accompanying balance sheet of Petro Hydro, Inc. as of December 31, 2003, and the related statements of income, retained earnings, and cash flows for the year then ended. These financial statements are the responsibility of The Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Petro Hydro, Inc. as of December 31, 2003, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. The 2002 financial statements were reviewed by us and our report thereon, dated February 19, 2003, stated that we were not aware of any material modifications that should be made to those statements for them to be in conformity with generally accepted accounting principles. However, a review is substantially less in scope than an audit and does not provide a basis for the expression of an opinion on the financial statements taken as a whole. January 21, 2004 Certified Public Accountants Miami, Florida 1 American Institute of CPA's Florida Institute of CPA's National Association of Certified Valuation Analysts PETRO HYDRO, INC. BALANCE SHEETS December 31, 2003 2002 (Audited) (Unaudited) ASSETS Current Assets: Cash and cash equivalents $ 211,788 $ 116,944 Contracts receivable, net (Note - 2) 3,181,225 1,532,102 Costs and estimated earnings in excess of billings on uncompleted contracts (Note - 3) 158,655 71,770 Total current assets 3,551,668 1,720,816 Property and equipment, net (Note - 4) 952,852 491,453 Prepaid expenses 72,254 44,689 Security deposits 2,153 - Intangible assets (Note - 5) - 179,200 Total assets $ 4,578,927 $ 2,436,158 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Accounts payable and accrued expenses (Note - 6) $ 1,657,556 $ 925,955 Current portion of capital lease obligations (Note - 7) 53,687 - Note payable (Note - 8) 485,000 200,000 Current portion of long-term debt (Note - 9) 303,096 203,184 Billings in excess of costs and estimated earnings on uncompleted contracts (Note - 3) 111,341 28,471 Total current liabilities 2,610,680 1,357,610 Long-term debt, net of current portion (Note - 9) Capital lease obligations, net of current portion (Note - 7) Due to stockholders (Note - 10) Total liabilities Stockholders' Equity: Common stock, $ 1.00 par value, 500 shares authorized, issued and outstanding Paid -in -capital Retained earnings Total stockholders' equity Total liabilities and stockholders' equity 447,156 341,601 92,285 - 189,940 189,940 500 500 529,500 529,500 708,866 17,007 1,238,866 547,007 $ 4,578,927 $ 2,436,158 The accompanying notes are an integral part of the financial statements. 2 Benitez & Coml) CPAs PETRO HYDRO, INC. STATEMENTS OF INCOME Year ended December 31, 2003 2002 (Audited) (Unaudited) Contract revenues earned $ 8,690,763 $ 6,489,435 Cost of revenues earned 7,149,085 5,708,583 Gross profit 1,541,678 780,852 General and administrative expenses 593,445 399,121 Income from operations 948,233 381,731 Other income (expenses) Other income Impairment of intangible assets (Note - 11) Interest expense Total other expenses Net income The accompanying notes are an integral part of the financial statements. 1,200 11,870 (179,200) (12,337) (78,374) (54,487) (256,374) (54,954) $ 691,859 $ 326,777 3 PETRO HYDRO, INC. STATEMENTS OF RETAINED EARNINGS Retained earnings, beginning of year Net income Retained earnings, end of year Year ended December 31, 2003 2002 (Audited) (Unaudited) $ 17,007 $ (309,770) 691,859 326,777 $ 708,866 $ 17,007 The accompanying notes are an integral part of the financial statements. 4 'ZI o._ o., Ca , _., PETRO HYDRO, INC. STATEMENTS OF CASH FLOWS Year ended December 31, 2003 2002 (Audited) (Unaudited) Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities Depreciation Provision for allowance on doubtful accounts Impairment of intangible assets Changes in operating assets and liabilities: Increase in contracts receivable (Increase) decrease in costs and estimated earnings in excess of billings on uncompleted contracts Increase in prepaid expenses (Increase) decrease in security deposits Increase in accounts payable Increase in billings in excess of costs and estimated earnings on uncompleted contracts Total adjustments Net cash provided by (used in) operating activities Cash flows from investing activities: 2 Proceeds from sale of equipment Acquisition of equipment Net cash used in investing activities Cash flows from financing activities: Proceeds from insurance claim Proceeds from note payable Principal payments on long-term debt Net cash provided by (used in) financing activities Net increase (decrease) in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year The accompanying notes are an integral part Of the financial statements. $ 691,859 $ 326,777 182,742 70,603 - 26,778 179,200 (1,649,123) (1,173,535) (86,885) 32,066 (27,565) (34,637) (2,153) 7,407 731,371 619,138 82,870 28,471 (589,543) (423,709) 102,316 (96,932) 1,200 4,500 (8,755) (20,741) (7,555) (16,241) - 6,503. 285,000 111,370 (284,917) (117,965) 83 (92) 94,844 (113,265) 116,944 230,209 $ 211,788 $ 116,944 5 PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 1 - Summary of operations and significant accounting policies: Description of Business: Petro Hydro, Inc. ("The Company") was incorporated on May 23, 1991 under the laws of the State of Florida. The Company operates as a specialty sub -contractor performing environmental engineering and underground construction jobs. The Company's revenue consists mostly of contracts with local and state government agencies and general contractors. Cash and Cash Equivalents: The Company considers all highly liquid investments purchased with an original maturity of three months or less to be cash equivalents. Concentration of Credit Risk: Financial instruments that potentially subject The Company to concentration of credit risk consist primarily of cash, cash equivalent and contract receivable. The Company maintains its cash balances in one financial institution, insured by the Federal Deposit Insurance Corporation. From time to time, cash balances exceed the insured limits. Concentration of credit risk with respect to contracts receivable are significant due to the number of jobs comprising The Company's job base and the retainage held by owners pending final acceptance of the jobs. 1 Warranty: Completed jobs generally have contractual warranty provisions against poor workmanship and faulty materials for a specific period of time on a job by job basis. As of December 31, 2003, The Company did not record any warranty obligations on the balance sheet as a result of the warranty provisions. Property and Equipment: Property and equipment are stated at cost. Depreciation and amortization are provided principally on straight-line method over the estimated useful lives of the assets. Amortization of leased equipment under capital leases is included in depreciation and amortization. Expenditures for major renewals and betterments that extend the useful lives of property and equipment are capitalized. Expenditures for maintenance and repairs are charged to expense as incurred. Revenue and Cost Recognition: Revenues on long-term contracts for construction and installation are recognized on the percentage -of -completion method, measured'by the extent of progress toward completion based on the ratio of cost incurred to total estimated costs. This method is used because management considers to be the best available measure of progress on these contracts. Revenues from cost -plus -fee contracts are recognized on the basis of cost incurred during the period plus the fee earned, measured by the cost -to -cost method. 6 Benitez & Company, CPAs T PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 1 - Summary of operations and significant accounting policies (Continued): Revenue and Cost Recognition (Continued) Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depreciation costs. Selling, general and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provision, and final contract settlements may result in revisions to costs and income, and are recognized in the period in which the revisions are determined. There were no incentives or claims on contracts. The portion of total revenue earned is determined by the measurement of the extent of progress toward completion based on the ratio of cost incurred to total estimated costs. If a loss on a job becomes known, it is charged to operation in the period of discovery. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenue recognized in excess of amounts billed. The liability, 'Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized. Use of estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates that affect the reported amounts of assets, liabilities, revenues and expenses during the reporting period. Actual results could differ from those estimates. NOTE 2 - Contracts receivable, net: At December 31, 2003, contracts receivable are summarized as follows: Currently due on contracts: Outstanding Outstanding less than more than Completed and uncompleted contracts Total Retainage due on contracts: Uncompleted and completed contracts 90 days 90 days $ 2,322,807 $ 192,199 Total Current Receivable $ 2,515,006 $ 2,322,807 $ 192,199 $ 2,515,006 Total Retainage Receivable $ 666,219 Total VA $ 666,219 RPnirP7 R (�mmnnnx, rne'. r PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 3 - Costs and estimated earnings on uncompleted contracts as derived are as follows December 31, Costs incurred on uncompleted contracts Profit earned to date Billings to date Included in the accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts NOTE 4 - Property and equipment, net: Property and equipment consist of the following: Construction equipment Furniture and fixtures Computer equipment Less: accumulated depreciation and amortization Total property and equipment, net NOTE 5 - Intangible assets, net: Intangible assets consist of the following: Customer based Trade name Loan costs Goodwill Less: accumulated amortization 2003 2002 $ 2,665,269 $ 1,438,890 oAn hnA 364.779 3,625,878 1,803,669 (3,578,564) 1,760,370 47,314 43,299 158,655 71,770 (111,341) (29,471) $ 47,314 $ 43,299 December 31, 2003 2002 $ 1,211,346 $ 567,204 27,058 27,058 1,500 1,500 1,239,904 595,762 (287,052) (104,309) $ 952,852 $ 491,453 December 31, 2002 $ 125,000 55,000 13,219 12,000 205,219 26,019 Total intangible assets, net of impaired assets $ 179,200 8 Benitez & Company, CPA's PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 6 - Accounts payable and accrued expenses: Accounts payable and accrued expenses include amounts due to subcontractors and suppliers at December 31, 2003 and 2002. NOTE 7 - Capital lease obligations: Leases meeting certain criteria are considered leases and the related asset and lease obligations are recorded at their present value in the financial statements. Interest rates in capital leases range from approximately 4.54%-5.37% and are imppted based on the lessors' implicit rate of return. These capital leases are currently payable at $4,703 per month maturing between January, 2005 and August, 2005. Minimum future obligations on all capital leases in effect as of December 31, 2003 are as follows: Years ending December 31,: 2004 2005 Net minimum lease payments Less: amount representing interest Present value of net minimum lease payments Less: current maturities of capital lease obligation Total long-term capital lease obligation $ 53,687 92,285 145,972 8,120 137,852 56,436 81,416 At the termination of each lease, The Company has the option to purchase these assets at $42,002 and $41,061 correspondingly. The net book value of assets acquired under capital leases and included in construction equipment at December 31, 2003 is approximately $156,132. Amortization of such assets is included in depreciation expense. NOTE 8 - Note payable: The note payable consists of the amount of money borrowed by The Company under a secured line of credit agreement of $700,000. Set note is collateralized by The Company's assets and the stockholders' individual warranties. It is subject to revolving terms and annual reviews, and it is bearing interest rate of 3.50% over Libor Market Index Rate. The note is due on demand on May 31, 2004, unless renewed or extended by the financial institution. 9 Benitez & Combanv cpm s PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 9 - Long-term debt: Long-term debt consists of the following at December 31, 2003: TOTAL CURRENT LONG-TERM Notes payable, to financial institutions, payable in monthly principal and interest payment of $4,263 through December, 2006 collateralized by equipment. $ 102,354 $ 51,156 $ 51,198 Notes payable, to financial institutions, payable in monthly principal and interest payment of $3,965 through May, 2006 collateralized by equipment. Notes payable, to financial institutions, payable in monthly principal and interest payments of $3,369 through October, 2006 collateralized by vehicles. Note payable, to a financial institution, payable in monthly principal and interest payment of $5,869 through August, 2006 collateralized by equipment. Note payable, to a financial institution, payable in monthly principal and interest payment of $375 through February, 2006 collateralized by equipment. Note payable, to a financial institution (equipment line of credit), payable in monthly principal and interest payment of $831 through May, 2006 collateralized by equipment and vehicles. 137,481 90,331 182,916 14,265 24,948 47,580 70,428 89,901 49,903 112,488 4,500 9,765 9,972 14,976 Note payable, to a financial institution, (equipment line of credit), payable in monthly principal and interest payments of $6,586 through April, 2007 collateralized by equipment and vehicles. $ 197,957 $ 79,032 $ 118,925 Total $ 750,252 $ 303,096 $ 447,156 PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 9 - Long-term debt (Continued): Notes payable with obligation balances of $24,948 and $197,957 consist of Small Business Lines of Credit with maximum borrowing capacities of $50,000 and $250,000 correspondingly, for the exclusive purpose of leasing equipment. As of December 31, 2003, the available balances were $25,052 and $52,043, respectively. NOTE 10 - Due to stockholders: Advances made to The Company by stockholders have been subject to subordination by financial institutions and insurance companies. NOTE 11 - Impairment of intangible assets: A total of $179,200 was recorded as impaired intangible amortization in accordance with FASB Statement No. 142, Accounting for Goodwill and other Intangible Assets. NOTE 12 - Leasing arrangements: The Company conducts its operations from a warehouse that is leased under an annual renewable lease with an option to purchase expiring April 7, 2004. At any point during the term of the lease, The Company may exercise this option for the purchase price of $420,000. In this event, a prorated portion of each month rent shall be credited towards down payment given and/or reduce the option purchase price. Future base rent obligations over the primary terms of the lease are as follows: Year ending December 31, Warehouse 2004 $ 15,000 11 Benitez & Company, cwA PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 13 - Long-term Leases: The Company is leasing certain transportation equipment under a long-term operating lease. The Company's obligations under this lease are not material and have not been included in assets and liabilities in the financial statements. During the year ended December 31, 2003, rentals under long-term lease obligations were $393. Future obligations over the primary terms are as follows: Year ended December 31, Amount 2004 $ 4,720 2005 4,522 2006 195 NOTE 14 - Legal Contingencies: The Company is engaged in certain legal actions arising in the ordinary course of its business, and the outcome of these actions cannot be ascertained at this time. The Company believes the claims are without merit and is vigorously defending the cases. In the opinion of management, these claims will not have a material adverse effect on the financial position of The Company. NOTE 15 - Supplemental data to the Statements of Cash Flows: The Company financed $616,627 for the year ended December 31, 2003. Interest paid during this period was as follows: Interest expense NOTE 16 - Income taxes: $ 55,527 The Company recognizes income from long-term contracts on the percentage -of -completion method for financial purposes and on the completed contract method for tax reporting purposes. The Company's stockholders have elected for the corporation to be taxed as a subchapter S-Corporation effective May 23, 1991. As an S-Corporation, The Company passes through items of income and deductions to the shareholders each year as earned, and thus pays no federal corporate income tax itself. 12 RPnitP7 R C:mmnanv ran,. PETRO HYDRO, INC. NOTES TO THE FINANCIAL STATEMENTS Years Ended December 31, 2003 (Audited) and 2002 (Unaudited) NOTE 17 - Backlog: The following schedule summarizes changes in backlog on contracts during the year ended December 31, 2003. Backlog represents the amount of revenud'The Company expects to realize from uncompleted contracts in progress at year end and from contractual agreements on which work has not yet begun: Backlog balance at January 1, 2003: $ 1,595,162 New contracts during the year ended December 31, 2003 10,039,147 11,634,309 Less contract revenues earned during the year ended December 31, 2003 8,690,763 Backlog balance at December 31, 2003 $ 2,943,546 At December 31, 2003, The Company had surety bonds outstanding of $6,569,424 with backlog revenue of $3,625,878 the bonds are collateralized by future contracts receivable on these jobs and are personally guaranteed by The Company's stockholders. 13 Benitez & Company, cm, Benitez & Company, cpAs CEFrnRED PUBLIC ACCCUNTANT3 AND CONSULTANTS 8001 Coral Way • Miami, Florida 33155 306.261.8589 • Fax 305.261.8586 www.BenitezCPAs.com To the stockholders Petro Hydro, Inc. Miami, Florida Our audit of the basic financial statements presented in the preceding section of this report was made primarily to form an opinion on such financial statements taken as a whole. The additional information, contained in the following pages, is considered essential for the fair presentation of the financial position of Petro Hydro, Inc., the results of its operations, and its cash flows for the year ended December 31, 2003 in conformity with generally accepted accounting principles. However, the following data was subjected to the audit procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. January 21, 2004 Miami, Florida Certified ublic Accountants 14 American Institute of CPA's Florida Institute of CPA's National Association of Certified Valuation Analysts PETRO HYDRO, INC. Schedule of General and Administrative Expenses General and Administrative Expenses: Administrative salaries Auto lease expenses Bad debt expense Bank service charges Charitable contributions Courier Computer repair expenses Dues and subscriptions Equipment expenses Insurance expenses Licenses expenses Miscellaneous expenses Office expenses Payroll expenses Political contributions Printing and reproduction Public relations Professional fees Rent expenses Supplies expense Taxes Travel and entertainment Total The accompanying notes are an integral part of the financial statements. December 31, 2003 2002 $ " 194,342 14,387 4,532 1,550 3,707 19,497 1,233 6,321 28,053 9,461 37,662 70,718 23,817 22,520 7,768 41,231 56,147 39,458 3,041 7,373 627 57,511 6,773 26,778 . 1,967 250 3,280 6,002 125 2,852 24,417 385 26,103 . 71,519 4,301 12,500 48,479 62,414 21,406 14,785 6,435 839 $ 593,445 $ 399,121 17 im F 1.1 A of Tamarac G Purchasing and Contracts Division State the name of Surety Company which will be providing the bond, and name nnri nririrPcs of anpnt- 19. Bank References: Addrpcc �,t'h i i 1%� • �3t3 � cl-- Llwat 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparin the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? �S ❑ 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 Qualification Statement i 7 City of Tamarac Purchasing and Contracts Division THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSIO OR MIS TATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S Q ALIFICATIO S TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE O NER TO RE ECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AN TERMINAAT THE AWARD AND/OR CONTRACT. (Signature) I NOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of Florida County of On this the c�20 day of_ KQQ-; I , 2004-, before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: ,,��",,,, Jessii�a �at�s�a>�a �`'" CommisiionOOD238911 +` Expiroc Aug 05, 2007 Bonded Thru "'.poi P.�• Atlantic Bonding Co.. Inc (Name of Notary Public: Print, Stamp, or Type as Commissioned) a' Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or U BTb-`NOT take an oath I Page, 5 of 5 Offeror's Qualification Statement a � City of Tamarac Purchasing and Contracts Division Please list government agencies business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip. Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address a City State Zip Phone/Fax. Contact Name is REFERENCES and/or private firms with whom you have done Page 1 of 1 References PETRO HYDRO, INC. Engineering Contractor, Environmental Engineering & General Contractors. G.C. License #: CG-CO61799 • GE License.# E21160 Proiects Over The Last 5 Years Proiect Name Owner Name Phone 1-DERM Stormwater /Drainage Miami Dade Cty. 305 375-2392 (Public Works) 2-DERM Storm Paving & Drainage Miami Dade Cty. 305 372-6458 3-QNIP 4- Road Restoration 5- Box Culvert 6- Road Rehabilitation Miami Dade Cty. 305 372-2392 City of South Miami 305 663-6338 City of Lauderhill 954 739-0100 City of Hallandale Beach 954 458-3251 Nature of Work Completion Date Contract Amount 1-Drainage 2004 8 million 2-Paving /Drainage 2004 1.75 million 3-Drainage 2004 2.2 million 4- Road Restoration 2004 $600,000.00 5- Box Culvert 2004 $400,000.00 6- Road Reconstruction 2003 $700,000.00 10446 N.W. 31st Terrace / Miami, FL 33172 / Phone: 305-477-0878 / Fax: 305-594-8982 / E-mail: lgarcia@petrohydro.com tof Tamarac Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 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. 6. Make good faitt�issection. continue to maintain a drug -free workplace. through imple entation oAs the person authorized to sign the statement, I c rtif that this lies fully with the above requirements. Authorized Signature I I Company Name Page 1 of 1 Drug -Free Workplace ♦ � rnM4 9 n City of Tamarac Purchasing and Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed '% Total Contractor Contract License No. C� 0/v ?5 CP *Y 5 0 60-4 �1 Jv - d,-2 s-4a,5 Subcontractor Name/Address 'p &OM aj-j l�6U U. �c-t Est .aging , t= l • 33 l �04 F�rquaa w Page 1 of 1 List of Subcontractors City of Tamarac 0 Purchasing and Contracts Div/lion lfl� MID STATE OF FLORIDA) ss: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, PETRO HYDRO, INC. as Principal, and CAROLINA CASUALTY INSURANCE COMPANY 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: Five Percent of Bid Proposal Submitted Dollars ($ 5%------- ) 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 April 21, , 20_0 for: WATER MAIN - BID NO. 04-16B BID NO. 04-16B 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 Bond City of Tamarac , ^ -- Purchasing and Contracts Divislon Signed and sealed this (AFFIX SEAL) ATTEST: --- Secretary ATTEST; Secr a *Impress Corporate Seal ACKNOWLEDGEMENT 21st day of _ Apri 1 20 04 PETRO HYDRO, IN . Principal 10446 N.W. 3181Terrace L Business Address Miami, Florida 33172 City/State/Zip -(305)-477-0878 Business Phone CAROLINA CASUALTY INSURANCE COMPANY Surety* B /ttV—Tn-9nr+/r1 iam L. Parker, Atty.-In-Fact/ Fla. Res. Agent n D-, n.---.L Title William L. Parker Attorney -I ct* By Page 2 of 2 �- Bid Bond Acknowledgement POWER OF ATTORNEY No. 278 CAROLINA CASUALTY INSURANCE COMPANY JACKSONVILLE, FLORIDA KNOW ALL MEN BY THESE PRESENTS: that CAROLINA CASUALTY INSURANCE COMPANY ("Company") a corporation duly organized and existing under the laws of the State of Florida, having its principal office in Jacksonville, Florida, has made, constituted and appointed, and does by these presents make, constitute and appoint: William L. Parker or Davor I. Mimica or Joseph M. Pietrangelo of AON Risk Services, Inc. of Miami, FL its true and lawful Agent and Attorney -in -Fact, with the power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: any and all bonds and undertakings providing that no single obligation shall exceed Twenty Million and 00/100 Dollars ($20,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney is granted pursuant to the Minutes of the Special Meeting of the Board of Directors of Carolina Casualty Insurance Company held on March 30, 1966, to wit: RESOLVED: "That the following Officers of the Carolina Casualty Insurance Company, Chairman of the Board, President, Secretary and Treasurer, or either of them, are hereby authorized to execute on behalf of Carolina Casualty Insurance Company, Powers of Attorney authorizing and qualifying the Attorney -in -Fact named therein to execute bonds on behalf of the Carolina Casualty Insurance Company, and further, that the said Officers of the Company mentioned, are hereby authorized to affix the corporate seal of the said Company to Powers of Attorney executed pursuant hereto". RESOLVED FURTHER, this Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the company except in the manner and to the extent therein stated. RESOLVED FURTHER, this Power of Attorney revokes all previous powers issued in behalf of the Attorney -in -Fact named above. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF the Carolina Casualty Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 25tr day of Febr�ra_r - —20-3-- Attest: Carolina Casualty Insurance Company S4�Nsuq� 4 �1 �0 By: By:C�'_' L/_ �I as 1# Armin W. Blumberg .x a Betty C. th rland 1�o�enF``�: *' Vice President and Secretary President and Chief Executive Of WARNING: THIS POWER OF ATTORNEY INVALID IF NOT PRINTED ON GREEN "MONITOR" SECURITY PAPER. STATE OF FLORIDA) ss COUNTY OF DUVAL) On this 2c ra �nn� , before me personally came Betty C. Sutherland to me known, who, being by me duly hday of swom, did depose and say: that she is Secretary of Carolina Casualty Insurance Company, the Corporation described in and which executed the above instrument; and thaw/she knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and thatk(she signed his/her name thereto by like order. IN WIT I t my hand ad affixed my official seal; the day a ear Whereinst vewriPATSY W CARMICHAEL 1�COMMISSION NUMBER ptary orida at Large DD152067 9l�oF FLOP° MY COMMISSION EXPIRES C SEPT 23.2006 ERTIFICATE I, the undersigned, Secretary of CAROLINA CASUALTY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a just, true, correct and complete copy of original Power of Attorney; that the said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and the seal of the Company, this 21 s t day of A r i 1 2004 r�..e���14�t� •\10A SE►� �r Betty . Su d, ecretary s ryoa�a ; r r11dn►•se►-11P4 I Berkley Regional Insurance Company Carolina Casualty .insurance Company NOTICE Surety Bond Disclosure Notice Of Terrorism Insurance Coverage Coverage for acts of terrorism, as defined in the Terrorism Risk Insurance Act of 2002 (the "Act"), is included in your surety bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism, as defined in the Act, would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutory established deductible paid by the surety company providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism, as defined in the Act is: $0.00. This Endorsement is to be attached to bond and to become a part of the bond. c/o Monitor Surety Managers, Inc. 383 Maid Street, Chatham, NJ 07928 o, '^ City of Tamarac Purchasing and Contracts Division CERTIFIED RESOLUTION eE 2__- (Name), the duly elected Secretary of �C�rorate Title), a corporation organized and existing under the laws of the State of f~ t�i �'�� , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT �R�G-ntl�� �'1����4 ,le (Name)", the duly elected I dam " __ (Title of Officer) of yoep ,�—,-_ (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or ing, the signature of any person so damage resulting from or growing out of honorcertified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official authorized to act by the foregoing resolution. NAME TITLE D 9- io►x,Q--) ow a a � e • �r& sic 0— Given under my hand and the Seal of the said corporation this A) day (SEAL) M Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 tIU11111Cu nuoul-1-11 of Tamarac t Purchasing and Contracts Division TRENCH SAFETY Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE (Description) UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT -COS T EXTENDED COST J.,51111 $ 5 - GC $ B. $ $ C. $ $ D. $ $ TOTAL $ y 5 00 If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the Florida Departlent of Transp ation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION FETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non- esponsive. DATE: V1I/,;PLO AX/ (Signature) ACKNOWLEDGEMENT STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, C'z e J (Z • who, after first being duly sworn by me, (Name of individual Signing affixed his/her signature in the space provided above on this 90day of _4/ , 200/ Jessica Estremera y4sOr P4' - k- Commission #DD238911 Expires: Aug O5, 2001 NO Y PUBLIC ondedmru AtiantB Bonding Co., Inc My Commission Expires: a Page 1 of 1 Trench Safety Form AOORD CERTIFICATE OF LIABILITY INSURANCE PEOPID G TR-02 DATE(MMroD/YYYY) 1 02/02/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR IBA Insurance Group ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ! 500 NW 7 9th Ave. Suite 101 iiami FL 33122 Phone:305-714-4400 Fax:305-714-4401 INSURERS AFFORDING COVERAGE N# 4SURED INSURER A: TRAVELERS PROPERTY CASUALTY 25 25658 INSURER B: ASSOCIATED INDUSTRIES INS CO. INSURERC: Petro Hydro, Inc. 10446 NW 31 Terrace INSURERD: INSURERE: Miami FL 33126 OVERAUts THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TIT R NSR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X] OCCUR POLICY NUMBER 2004NIB0202 E DATE MMIDDIYY 02/02/04 POLICY DATE MMIDD 02/02/05 LIMITS EACH OCCURRENCE $ 1 000 000 pL PREMISES Eaoccurence $50,000 MED EXP (Any one person) $ S 000 PERSONAL & ADV INJURY $ 1,000 000 GENERAL AGGREGATE s2,000,0 0 0 PRODUCTS-AGG s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECOTT LOC B ' AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2004NIB0202 02/02/04 02/02/05 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ][ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 2001325281 12/02/03 12/02/04 TORY LIMITS ER E.L. EACH ACCIDENT $ 1 000,000 E.L. DISEASE - EA EMPLOYE $ 1 , 0 0 0 , 0 0 0 E.L. DISEASE - POLICY LIMIT 1 $ 1 000 00 0 Ot OTHER Professional / Pollution Liab. 2004NIB0202 CLAIMS MADE FORM- 02/02/04 02/02/05 1,000,000 Occurrence 2,000,000 Aggregate :SCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'FRTIFICATE HOLDER CANCELLATION * * * * * * * SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXpIRATiO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Petro- Hydro , Inc. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 10446 NW 31 Terr IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Miami Fl 3312E REPRESENTATIVES. 25 (2001/08) 1A 1988 CITY OF TAMARAC "EXHIBIT C" INTEROFFICE MEMORANDUM TR #10450 FINANCE DEPARTMENT PURCHASING DIVISION TO: JAMES MOORE, ASSISTANT DATE: APRIL 22, 2004 DIRECTOR, UTILITIES DEPARTMENT FROM: JAMES NICOTRA, SENIOR RE: TAMARAC LAKES NORTH & PROCUREMENT SPECIALIST, THE BLVDS WATER MAIN PURCHASING DIVISION IMPROVEMENTS O4-16B Recommendation: To Award to the low responsive/responsible bidder, Petro Hydro, Inc., for the Tamarac Lakes North & the Blvd Water Main project, Bid No. 04-16B, for the Utilities Department, in the Total Base Bid amount of $741,552.55 plus Bid Alternate, if so choose, in the amount of $24,623.17. After careful review of the low responsive responsible bidder's submittal, the Utilities Department concurs to award to: , � C-f , in the amount of $ -76 - / �.s7� The Public Works Department does not concur to award to the low responsive/responsible bidder. Reason(s) for rejection Note: Return this signed concur memo back to Purchasing. Authorized Signer: Signature: Date: Attachments I6, al ll.. 1J01 J `T r 0 — /.70It F. e- MATHEWS CONSULTING 1Nc. Civil and Environmental Engineers May 5, 2004 Mr. James Moore, P.E. CITY OF TAMARAC UTILITIES DEPARTMENT 6001 Nob Hill Rd Tamarac, FL 33321-2401 City of Tamarac Bid No. 04-16B Recommendation oPBid Award Dear Mr. Moore: The City of Tamarac Purchasing Division received, opened and read aloud bids for the Tamarac Lakes North & The Boulevards Water Main Improvements Project on Wednesday, April 21, 2004 at 4:00 P.M. Six (6) bids were received ranging in price from $741,552.55 to $1,100.171.75 as listed below. The apparent low base bid was submitted by Petro Hydro, Inc, located in Miami, Florida. Name of Bidder Bid Amount Petro Hydro $741,522.55 Globetee $768,357.00 Ric -Man International $786,346.00 Foster Marine $859,970.00 Mora Engineering $1,082,799.65 Chaz Equipment Co. $1,100.171.75 We have reviewed the proposal submitted by Petro Hydro, Inc. and have verified that they have performed satisfactory work for City of Coral Springs and City of South Miami and have the equipment and personnel to perform this work. Based on the proposal submitted, references provided, and face to face meeting with the Contractor, we recommend Award of the project to Petro Hydro, Inc. in the amount of $741,522.55 based on their bid being the lowest and their ability to perform the work. Attached please find a bid tabulation prepared by the City of Tamarac Purchasing Department. If you have any questions or require additional information pertaining to this recommendation of award or the project in general, please contact me. Very Truly Yours, HE CO SULTIN G,G, INC. David L. Mathews, F.E. Vice President c: MC File No. 1216 61-478 7964 Mathews Cunsulting, firc. 0 1475 Centrepark Boulevard, Suite 250 • West Palm Beach, FL 33401 •561-478-7961 *Fax 5 of---Iac-Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND PETRO HYDRO, INC. THIS AGREEMENT is made and entered into this day of 2004, by and between the City of Tamarac, a municipal corpora ion, kqith principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Petro Hydro, Inc., a Florida corporation with principal offices located at 10450 NW 31 st Terrace, Miami FL 33172, (the "Contractor") to install new 8-inch water main, water services, roadway resurfacing, sanitary sewer main/laterals point repairs, abandon in -place existing 6-inch, 4-inch and 2-inch ACP water mains, including all appurtenances and all other incidentals for a complete installation as specified in Bid No. 04-16B. 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 the contract (General, Special and other Conditions), drawings, and specifications of Bid No. 04-16B, 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 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 and Bid No. 04-16B, as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to install new 8-inch water main, water services, roadway resurfacing, sanitary sewer main/laterals point repairs, abandon in -place existing 6-inch, 4-inch and 2-inch ACP water mains, and otherwise complete the project as outlined in the bid documents. 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. Page 7 of 7 of Tamarac and Contracts Division d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 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 14 days after Contractor's receipt of the City's Notice to Proceed. The work shall be substantially completed no later than 105 calendar days from receipt of the Notice to Proceed and shall be completed as final 15 calendar days fr m substan 'al c mpletion. 5) Contract Sum 5 119 0 4 The Contract Sum for the bove work is Seven Hundred Sixty -Six Thousand One Hundred Seventy -Five Dol rs and Seventy -Two cents ($766,175.72), which includes the total base bid plus Alternate Bid Item 1A. 6) Payments Payments will be made in accordance with contract documents and Bid No. 04-16B. 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. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Page 2 of 7 City of Tamarac 8) Warranty and Contracts Division Contractor warrants the work against defect for a period of one year(s) from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. All portions of the Project are to be completed according to the schedule. Once all work has been completed on a grouping of roadway segments, and the City has indicated, in writing, the final acceptance of landscaping, irrigation, brick paving, and electrical work within said grouping, maintenance of the said roadways will be entirely the responsibility of the City. Contractor will be responsible for the coordination of all work to complete specific grouping of roadways before other groupings are commenced. The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 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. Page 3 of 7 City of Tamarac Purchasing and Contracts Division 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 Orlando Garcia, Jr., President Petro Hydro, Inc. 10450 NW 31st Terrace Miami FL 33172 PH: 305-477-0878 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. of Tamarac and Contracts Division 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. Page 5 of 7 of Tamarac ........................----..... and Contracts Division ............. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Petro Hydro, Inc., signing by and through its President, duly authorized to execute same. CITY OF TAMARAC /J a Schreiber, Mayor b Date ATTEST: Jeffr�Liller'lcity Manager Marion Swenson, CMC City Clerk Date ATTES (Corporate Secretary) Amancio J. Suarez Type/Print Name of Corporate Secy (CORPORATE SEAL) Date Company Name Orlando Garcia, Jr. Signature of President Orlando Garcia, Type/Print Name Page 6 of 7 of Tamarac ......I ....................... CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF and Contracts Division 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 Orlando Garcia, Jr., President, of Petro Hydro, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 2004. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Rroduced ❑ DID take an oath, or ❑ DID NOT take an oath. Page 7 of 7