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
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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
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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
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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 ................ _
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City of Tamarac Purchasing and Contracts Division
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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
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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
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City of Tamarac Purchasing and Contracts Division
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�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
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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.
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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
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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
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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.
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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.
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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,
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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
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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.
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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
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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.
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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.
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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..
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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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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City of Tamarac Purchasing and Contracts Division
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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.
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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
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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.
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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