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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-1871 Temp Reso. #10525 August 12, 2004 Revision 1 — August 16, 2004 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-W A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO REJECT ALL BIDS UNDER BID NO. 04-19B FOR THE INSTALLATION OF TYPE "D", TYPE "F", AND HEADER CURB, VALLEY GUTTER, AND SIDEWALK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, bids were solicited for the purpose of securing a unit cost to install type "D", type "F", and header curb, valley gutter and sidewalk, a copy of said bid attached hereto as Exhibit 1; and WHEREAS, bids were received and opened on July 30, 2004 from only two vendors: Homestead Concrete and Drainage, Inc. and Florida Blacktop, Inc., a copy of the bid tabulation attached hereto as Exhibit 2; and WHEREAS, this lack of competitiveness is not in the best interest of the City; and WHEREAS, after review of the bids submitted, it was determined that the unit cost obtained for most items was not reflective of comparable marketplace unit costs; and WHEREAS, the Code of the City of Tamarac, section 6-149(5) allows the Purchasing Officer the authority, upon consultation with the affected department director(s), to recommend the rejection of all bids when the public interest will be served; and Temp Reso. #10525 August 12, 2004 Revision 1 — August 16, 2004 Page 2 of 3 WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing and Contracts Manager that all bids for the installation of type "D", type "F", and header curb, valley gutter and sidewalk be rejected; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens of the City of Tamarac to reject all bids for the installation of type "D°, type "F", and header curb, valley gutter and sidewalk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The appropriate City officials are HEREBY authorized to reject all bids under Bid No. 04-19B for the installation of type "D", type "F", and header curb, valley gutter and sidewalk. SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or application, and to this end the provisions of this resolution are declared to be severable. 1 1 Temp Reso. #10525 August 12, 2004 Revision 1 — August 16, 2004 Page 3 of 3 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 25t" day of August, 2004. ATTEST: MARION SWEIV5ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 0 MITCH L S. kf CITY ATTORN 1 OS PH SCHREIBER MAYOR RECORD OF COMMISSION VOT . MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALAB DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS EXHIBIT "1"TRIOSIS INVITATION TO BID BID NO.04-19B Installation of Type "D" & "F" Curb, Header Curb, Valley Gutter and Sidewalk Issued on behalf of the Public Works Department City of Tamarac Purchasing Division 7525 NW 881" Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 City of Tamarac Purchasing and Contracts Division TABLE OF CONTENTS Bid 04-19B General Terms and Conditions ........................................ ..........................GTC-1 -- GTC-5 Instructions to Bidders .............................................. .......................... .................. ITB-1 -- ITB-2 SpecialConditions................................................................................................. SC-1 — SC-6 SpecialProvisions............................................................................................... SP-1 -- SP-22 Technical Specifications............................................................................ SPEC-1 — SPEC-18 Bid Coversheet Checklist.................................................................................................. BF-1 Bid Form and Schedule of Bid Prices................................................................. SCH 1 - SCH6 Certification...................................................................................................................... 1 of 1 CertifiedResolution.......................................................................................................... 1 of 1 Offeror's Qualification Statement........................................................................................1 - 5 Non -Collusive Affidavit.......................................................................................................1 - 2 Vendor Drug -Free Workplace...........................................................................................1 of 1 References....................................................................................................................... 1 of 1 Listof Subcontractors....................................................................................................... 1 of 1 BidBond.................................................................................... - FormPayment Bond..........................................................................................................1 - 3 Form Performance Bond ........................................................ - Applicationfor Payment.................................................................................................... 1 of 1 ChangeOrder...................................................................................................................1 of 1 Final Release of Lien by Contractor...................................................................................1 - 2 Sample Form of Agreement...............................................................................................1 - 7 Technical Specifications 1 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement *This form MUST be completed and signed below, and returned with your bid* BID NO.: 04-19B BID TITLE: Installation of Type "D", Type "F" Curb, Header Curb, Valley Gutter And Sidewalk BID OPENING DATE/TIME: July 30, 2004 at 4:00 PM (Local Time) BUYER NAME: James Nicotra, CPPB BUYER PHONE: 954-724-2443 BUYER EMAIL: jimn@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: N/A BONDING: 5% Bid Bond, 100% Payment/Performance Bond GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID, ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDORS STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDORS DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM MUST BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER, BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL 131DS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTC-r City of Tamarac It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number and bid title on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder shall submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. y\ Purchasing and Contracts Division 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/servioes. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. G TC-2 Purchasilig and Cortracts Division City of Tamarac Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract, All demonstrations will be done at the expense of the Bidder. 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office, Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT 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. b. 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, shall terminate all outstanding G TC-3 City of Tamarac sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and sub- contracts except as they may be necessary, and shall complete any continued portions of the work. c. FUNDING OUT ` Purchasing and Contracts Division 7M� This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14 ► i i 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. 11l 4,5l1110][=1=-1 Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, gender, national origin, or physical or mental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidders expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Line of Business/ Occurrence Aggregate Coverage Commercial General $1,000,000 $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Statutory . Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and G iC-4 City of Tamarac expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 27. CLARIFICATION 8 ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. BID TABULATION Bidders may download the bid tabulation directly from the Internet at htt ://www.tamarac.or /De ttfin/ urch/resuIts.htm1. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. APurchasing and Contracts Division I M:. GTC-5 of Tamarac Puichasing and Contracts Division . •,. ;1 INSTRUCTIONS TO BIDDERS BID NO. 04-19B It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis. DESCRIPTION OF WORK Bids are hereby invited on an open-end, term basis for labor, materials and equipment from qualified Contractors for INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK for separate "as needed" work orders/purchase orders. The work consists of furnishing all labor, materials, equipment, tools, service and supervision. A. LICENSES To be eligible for award of this project, the Contractor must possess at time of bid opening, one of the following State Certified and/or County Competency licenses; a. State: Certified General Contractor b. County: General Engineered Construction Builder C. Major Roads Class "A" d. Minor Roads Class "B" e. Concrete Driveways, Curbs and Sidewalks Class "C" Occupational license must be in effect as required by Florida Statute 205.065. B. CONTRACT TERM The initial contract period shall start on the date of award and shall terminate two (2) years from that date. The Contractor shall complete delivery and the City shall receive delivery on any orders mailed to the Contractor prior to the date of expiration. All prices, terms and conditions shall remain fixed for the initial two (2) year period of the contract. The City may renew this contract for up to three (3) additional one year terms after the initial two year period with provision for annual price adjustment based off the most current year's CPI index. All renewal terms shall be subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. The work to be performed under this contract shall commence upon issuance of a purchase order and notice to proceed, which will not be issued until receipt of all required documents. Individual purchase orders may be issued throughout the contract period. Prior to commencement of a specific work order, a mutually agreed upon time ITB-1 of Tamarac,` Purchasing and Contracts Division �'IIT�Y frame will be established. The work shall be completed and ready for final payment within a mutually agreed upon time frame for each individual requirement. C. LIQUIDATED DAMAGES Upon failure of the Contractor to complete each individual requirement within the specified and mutually agreed upon time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of seventy-five dollars ($75.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. D. CONTACT INFORMATION Bidders requiring additional information may contact the Project Manager, City of Tamarac Public Works Department, Jean Dupuis at (954) 724-1357. !TB-2 4_ of Tamarac Purchasing and Contracts Division SPECIAL CONDITIONS BID 04-19B 1. BID GUARANTY An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the City of Tamarac in amount not less than 5 % (five percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. 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. Upon award of the Contract, Payment and Performance Guaranty in the bid award amount will be required within 15 calendar days of award and shall continue in effect until the contract expiration. 2. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 3. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified superintendent present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. It shall be the responsibility of the Contractor to remove from the job site and properly dispose of all residues at the end of each and every workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 4. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation " ` Purchasing and Contacts Division of iamsrac .�;, �.__. designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all City permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. Cost of any required permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department, and Building Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8.00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 8. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor 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. SC-2 of Tamarac, Purchasing and Contracts Division Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 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. 12. CHANGES IN THE WORK/CONTRACT PRICE 12.1 CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Engineer/Project Manager. 12.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the 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. SC-3 io y of Tamarac ' Purchasing and Contracts Divisicn :f 13. CHANGES IN CONTRACT TIME 13.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 13.2 Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.3 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 15. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days SC-4 t` 4 of Tamarac Purchasing and Contracts Division thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 16. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. Such 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. 17. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. SC-5 of Tamarac, M � Purchasing andContractsDivision �R The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. 18. 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. Sc-6 of Tamarac --T - .._--- - Purchasing and Contracts Division SPECIAL PROVISIONS BID 04-19B 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, on an open-end basis, from qualified Contractors, for installation of Type °D" and "F" Curb, Header Curb, Valley Gutter and Sidewalk on an "as needed" basis. [*1114aIZ11111Is] ! K Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and 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. 04-19B, 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. 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract sP-1 of Tamarac `' ,p Y Purchasing and a)wrac;is Division Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Engineer/Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Time. 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications — Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work 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. sP- 2 15'r P. of Tamarac ;, �:' Purrha5fl g :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: The Technical Specifications 2. The Contract Drawings 3. The Special Provisions 4. The Instructions to Bidders and General Terms and Conditions 5. The Sample Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in sP-3 of %rnarar" Purchasing and Contracts Division accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 6.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 6.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 6.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 6.4 The Contractor shall assign to the work site at least one (1) supervisor at all time capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 6.5 The Contractor shall be aware that the job may be subject to vehicular and pedestrian traffic at all times of the day and night. sP-a of rem arac; Purchasing and Contracts Division 6.6 Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor, Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 6.7 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 6.8 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 6.9 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. 6.10 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 6.11 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 6.12 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 6.13 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 6.14 The Contractor shall correct all Work, which does not conform to the Contract Documents. 6.15 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that SP-5 City of Tamarac& Purchasing and Contracts Division the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 6.16 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 6.17 Without limiting the foregoing, the 'Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 6.18 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 6.19 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of contract with the Contractor to perform any portion of the Work, including their agents and employees. 6.20 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. 6.21 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 6.22 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 7. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT 7.1 The Contractor shall be familiar with the total scope of the project prior to commencement of any work. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the City Engineer. The City shall not be responsible for the Contractor's failure to comply with this requirement. SP-6 ,rv-rx of Tamarac � , � " Purchasing and Contracts Division 7.2 The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 7.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 8. STANDARD DETAIL DRAWINGS As contained herein. 9. SUBCONTRACTORS, SUPPLIERS AND OTHERS 9.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 9.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 10. CITY'S RESPONSIBILITIES 10.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. Additionally, the City shall provide necessary plans and drawings. 10.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. sP-7 City of Tamarac ., Purchasing and Contracts Division 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 10.6 The City shall communicate with subcontractors only through the Contractor. 10.7 The City shall furnish data required of the City under the Contract Documents promptly. 10.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 10.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 11.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 11.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on - site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 11.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 11.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall SP-8 of Tamarac Pw-chasing and Contracts Division be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 11.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 12. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL City will make every effort to provide suitable areas within plant site. Restoration of all storage areas shall be Contractor's responsibility. 13. CLEANUP AND RESTORATION 13.1 During and after completion of all work, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of loose material. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of work. It shall be the Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 13.2 Cleanup shall be performed on a routine basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 14, Damage To Public And/Or Private Property. 13.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 13.4 The project site shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 13.5 If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 13.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around SP-9 City of Tamarac Purchasing and Cowrac;ts Division 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. 14.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 14.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 14.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 14.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. W�8161:I:I x01I Is]► i 11*I011 It'WAV-.1% i #0 The Contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to inspection of work. 16. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items. 17. ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 18. TESTS AND INSPECTIONS 18.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all 5P-10 of Tamarac ;. Purchasing and Contracts Division materials, equipment for the Work and any part thereof unless otherwise specified herein. 18.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 18.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 19. CORRECTION OR REMOVAL OF DEFECTIVE WORK 19.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after 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. 19.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 19.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 19.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 20. PROGRESS PAYMENTS 20.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work sP-1 ? City of T.,3rnarac Purchasing andContracts Division completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 20.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 20.3 The City shall retain Ten percent (10%) of all monies earned 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. 20.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. 20.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be req u i red by law. 20.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 20.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and SP-12 City of Tamarac Purchasing and Contracts Division (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 20.9 The Contractor may apply for the return of the retainage held pursuant to Section 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: 20.1.1 Repair and/or replacement of faulty or defective Work. 20.1.2 As -built drawings are submitted to and accepted by the City. 20.1.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 20.1.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 20.1.5 Release of Lien is submitted and accepted by the City. 20.1.6 The Contractor's completion of Punch List. 20.1.7 Warranties are submitted to and accepted by the City. 21. CHANGE QUANTITIES/CHANGE ORDERS 21.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 21.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the Tamarac City Commission prior to their issuance and before Work may begin. 21.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 21.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 21.5 The Engineer/Project Manager shall prepare Proposed Change Orders on forms provided by the City. When submitted for approval, they shall carry _.-....._..._........ _- ...... _........ _-_........... ­.... --- ..... -- .......... City of Tamarac F. Purchasing and Contrac;ls C)ivr5ic n the signature of the Public Works Director, the City Manager, and the Contractor. 21.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 21.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 21.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 21.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than 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. 21.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 21.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 21.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 21.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 22. REGULATORY CHANGES The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 23. SUBSTANTIAL COMPLETION The specified warranty period for a specific Project do not begin until substantial completion of the that project under that project's individual Notice to Proceed. 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and SP-14 City of Tamarac `�r „; Purchasing and Contracts Division 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. 25. FINAL APPLICATION FOR PAYMENT 25.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 25.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As - Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver 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 the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As -built" drawings. 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (1 0) days after receipt of the final Application for Payment, SP-15 of Tamarac Purchasing .and Contracts Division 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. 26.2 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 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 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. 26.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been issued by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.3.2 Faulty or defective Work and latent defects discovered after acceptance. 26.3.3 Failure of the Work to comply with the requirements of the contract documents. 26.3.4 Terms of special warranties required by the contract documents. 26.3.5 Any of the Contractor's continuing obligations under this Agreement. 26.2 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. SP-16 r"ymu City of Tamarac i, ;1 T _.._........ _....... _ 27. CITY'S RIGHT TO WITHHOLD PAYMENT PUrchasing and Contracts Division 27.1 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: 27.1.1 Defective Work not remedied. 27.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 27.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.1.4 Damage to another Contractor not remedied. 27.1.5 The Contractor has incurred liability for liquidated damages. 27.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 27.1.8 Failure to carry out the Work in accordance with the Contract Documents. 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. 28. WARRANTIES 28.1 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 28.2 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 28.3 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 29.1 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 !63MA of Tamarac nPurchasing and Contracts Division ---...........I._....------ - - ....---..._.._._.� _ such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 29.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 29.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in 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. 30. CONSTRUCTION SCHEDULE 30.1 The construction schedule shall be in the form of a tabulation, chart or graph (MS Project, latest edition) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 30.2 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 30.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 30.4 The construction schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 30.5 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. SP-18 of Tamarac Purchasing ,.and Contracts Division The Contractor shall not utilize such time without the prior written consent of the City. 30.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the 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. 31. PROTECTION OF PERSONS AND PROPERTY 31.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 31.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 31.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 31.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 31.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 31.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 31.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 32. HURRICANE AND SEVERE WEATHER PRECAUTIONS 32.1 The Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 32.2 All construction materials or equipment will be secured against displacement by wind forces. 5P-19 of Tamarac PL.,rchasing and Contracts Division 33. WORK BY THE CITY OR CITY'S CONTRACTORS 33.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 33.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 33.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 34. 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. SP-20 1 2. 4. of Tamarac -6 Purchasing & Contracts Division Specifications Bid 04-19B Type "D" and "F" Curb, Header Curb, Valley Gutter, and Sidewalk Installation General Provisions SCOPE OF WORK 1.0 All concrete used on this project shall be Class I concrete 3000 PSI strength as specified in Section 345 of the Florida Department of Transportation Standards Specification for Road and Bridge Construction, current edition and supplements thereto. 1.0 All work shall be in accordance with the lines, grades, notes and sections shown on drawings (provided by City). RESTORATION 2.1 All existing appurtenances, including but not limited to pavement and sidewalk, cut or damaged by and during construction, shall be restored at Bidder's expense. 2.2 All existing swale areas, damaged by and during construction, shall be restored at Bidder's expense. MAINTENANCE OF TRAFFIC Bidder shall submit an acceptable Maintenance of Traffic (MOT) plan to the City of Tamarac Public Works Department for approval prior to the start of any work. Once approved, Bidder shall be responsible for the MOT during the entire construction. APPLICABLE CODES, STANDARDS AND SPECIFICATIONS 4.1 All construction and materials under this Contract shall be in strict accordance with the applicable provisions of the following- 4.1.1. The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction," Latest Edition. 4.1.2. The Florida Department of Transportation "Roadway and Traffic Design Standards." 4.1.3. U.S.D.O.T. "Manual on Uniform Traffic Control Devices for Streets and Highways (M.U.T.C.D.)." 4.1.4. American Association of State Highway and Transportation Officials (AASHTO). 4.1.5. American Society for Testing and Materials (ATSM). 4.1.6. Applicable City, State, and County codes. _ - r ---- - .----- - -.-- ------ --------- .�;_1 of Tainarac;--- _. _.. ._ _...__._ W ._..._ ... �� ---.-- -- Purchasing & Contracts Division 4.2 In cases of conflict within the provisions of the above -mentioned manuals, the most stringent conditions shall prevail. Bidder shall be responsible for notifying the appropriate City Officials of said conflicts and shall receive City approval for any decisions/changes related to said conflicts. 5. PRE -CONSTRUCTION 5.1 After work has been awarded a pre -construction meeting shall be held before the start of any work. Representatives of the City, the Bidder's Project Manager and Superintendent, and City's Design Consultant shall meet to discuss construction issues and work schedule. The agenda shall include, but not limited to, the following topics: 5.1.1. Project schedule, order of work, critical items and work sequencing; 5.1.2. Review of technical specifications; 5.1.3. Inspections, testing, and Engineering Approvals; 5.1.4. Work to be performed by subcontractors; 5.1.5. Project contacts and communication procedures between Bidder and City staff; 5.1.6. Permits and coordination issues with the City and other agencies; 5.1.7. Safety and Maintenance of Traffic; 5.1.8. Site conditions and conflicts; 5.1.9. Storage of construction material and equipment; 5.1.10. Field decisions and payments process; 5.1.11. Records and documents maintenance. 6. PROJECT MEETINGS 6.1 Bidder's Project Manager and Superintendent shall be in attendance at all Projects Meetings; 6.2 City shall provide meeting minutes reflecting all items discussed as well as agreed upon or suggested solutions; 6.3 Upon receipt by U.S. Mail or facsimile, Bidder shall have 48 hours to review meeting minutes and provide written comments to City indicating all areas of dispute. In the event the Bidder makes no response, the meeting minutes provided by the City shall be presumed as a true and accurate reflection of items discussed. _ ._— ra' "71 E C.; of Tamarac; 7. SUBMITTALS V_ Purchasing & Contracts Division , ,,�!PL— . — No. Item Due Date 1 Any required shop drawings and samples 14 days after Notice to Proceed 2 Certified Mix Design 10 days after award of Contract 3 Critical Path Construction Schedule 10 days after award of Contract 8.1 Bidder shall be responsible, at Bidder's expense, for obtaining all necessary State, County and Municipal permits and "Maintenance of Traffic" approvals necessary to complete the project prior to beginning work on project. 8.2 Maintenance of Traffic in the public rights -of -way shall be in accordance with M.U.T.C.D., the State Department of Transportation, and the City of Tamarac. SPEC-3 /" h City of Tamarac; ; ' PUTChasing & Contracts Division TECHNICAL SPECIFICATIONS CLEARING AND GRUBBING PART 1 — GENERAL `Ius]iMIUM91V2AIZL6]1to] Q =191 A. Clear and grub the areas to be occupied by the facilities to be constructed including all areas to be excavated, filled, paved or planted as shown on the Drawings, and as specified herein. 1.02 DEFINITIONS A. Clearing shall consist of the cutting, removal and satisfactory disposal of all trees, stumps, brush, rubbish and any other objectionable material within the designated areas. B. Grubbing shall consist of the removal and disposal of all stumps larger than 1-1/2 inches in diameter and other objectional material to a depth of at least 12 inches below the ground surface. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION 3.01 PROTECTION OF ADJACENT AREAS A. The BIDDER shall protect areas shown on the Drawings or designated by the ENGINEER to remain protected from damage by construction operations by erecting suitable barriers or other acceptable means. Areas outside the limits of construction as shown on the Drawings shall be protected and no equipment or materials shall be stored or allowed to damage these areas. 3.02 DISPOSAL A. All roots, vegetation and other refuse shall be removed from the site and properly disposed of by the BIDDER. Burning of any material on site will not be permitted. L: 111 Mel 9 Mr 011Lei 0 SFEC4 o`Tamarac Purchasing & Contracts Division _.... _ ....�._.._._.............. � EXCAVATION AND BACKFILL PART1 GENERAL 1.01 SECTION INCLUDES A. Excavation of materials for roadways. B. Excavation of materials for roadside ditches. 1.02 MEASUREMENT AND PAYMENT A. Unit Prices, 1. Payment for roadway excavation shall be included in the curb installation cost. 1.03 REFERENCES A. AASHTO T-99 PART 2 PRODUCTS 2.01 MATERIALS A. Provide backfill which is excavated material, graded free of: 1. Roots, 2. Lumps greater than 6 inches, 3. Rocks larger than 3 inches, 4. Organic material, 5. Debris. B. Provide structural backfill which is select material meeting the following requirements: 1. Plasticity index: not less than 12 nor more than 20. 2. Maximum liquid limit: 45. PART 3 EXECUTION 3.01 PREPARATION A. Identify required lines and levels according to Construction Drawings. B. Identify and flag surface and aerial utilities. C. Notify utility companies to remove or relocate utilities. SPEC,5 of Tamarac i > Purchasing & Contracts Division D. Identify, stake, and flag known utility locations below grade. Make temporary or permanent relocation of underground pipes, ducts, or utilities where indicated on Drawings. E. Upon discovery of unknown or badly deteriorated utilities, or concealed conditions, discontinue work. Notify City Engineer and obtain instructions before proceeding in such areas. F. Obtain approval of topsoil quality before excavating and stockpiling. 3.02 PROTECTION A. Protect the following from damage or displacement: 1. Trees, shrubs, lawns, existing pavement, structures, and other features outside of grading limits. 2. Utilities either above or below grade, which are to remain. A. Strip off topsoil from the area to be excavated to a minimum depth of 6 inches, unless otherwise indicated on the Drawings. B. Stockpile topsoil in a designated location for reuse. Stockpile topsoil to a depth not exceeding 8 feet. Cover to protect from erosion. 3.04 SOIL EXCAVATION A. Excavate to lines and grades shown on Construction Drawings. B. Where curbing is to be installed next to the existing pavement, the existing pavement shall be neatly saw cut at the edge where it meets the proposed curb face. The excavation trench shall extend to the bottom of the curb pad for type F curb, as shown in the project plans. The trench width shall be sufficient to provide adequate working room for placing the curb and curb pad. Excavation shall be in compliance with the requirements of section 125-4 of the FDOT Standard Specifications for Road and Bridge Construction. C. Remove unsuitable material not meeting specifications. Backfill material shall be deposited in horizontal layers not exceeding 8" in depth, and shall be compacted to a density of not less than 100% of the maximum density as determined by AASHTO T-99. The Backfill shall extend to the original ground surface and shall consist of material of acceptable quality to the Engineer, and as specified in Section 2.01. END OF SECTION SPEC-6 of Tamarac CONCRETE PART 1 —GENERAL 1.01 THE REQUIREMENT jh 1 Purchasing & Contracts Division li' ' �. '; .�-...._........--....,...�.._._- .mom.m.............................�.._.�,.......-m...._� A. The BIDDER shall furnish all materials for concrete in accordance with the provisions of this Section and shall form, mix, place, cure, repair, finish, and do all other work as required to produce finished concrete, all in accordance with the requirements of the Contract Documents. B. The following types of concrete shall be covered in this Section: Site -work Concrete: Concrete to be used for curbs, gutters, catch basins, sidewalks, cart paths, fence and guard post embedment, underground duct bank encasement and all other concrete appurtenant to electrical facilities unless otherwise shown or noted on the Drawings. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the generality of other requirements of these specifications, all work specified herein shall conform to or exceed the requirements of the South Florida Building Code and the applicable requirements of the following documents to the extent that the provisions of such documents are not in conflict with the requirements of this Section. ACI 318 -• Building Code Requirements of Reinforced Concrete. CRSI — Manual of Standard Practice. 1.03 SUBMITTALS A. Mix Designs: Prior to beginning the work, the BIDDER shall submit to the CITY, for review, proposed concrete mix designs which shall show the proportions and gradations of all materials proposed for each class and type of concrete. All costs related to such mix design shall be borne by the BIDDER. 1.04 QUALITY ASSURANCE A. Tests on component materials and for compressive strength and shrinkage of concrete will be performed as specified herein. Test for determining slump will be in accordance with the requirements of ASTM C 1143. 5PEC •7 of Tamarac; Purchasing & Contracts Division -----...... _.._................ _..___. .......... ............._.. _ _ — B. Concrete for testing shall be supplied by the BIDDER at no cost to the CITY, and the BIDDER shall provide assistance to the CITY in obtaining samples. The BIDDER shall dispose of and clean up all excess material. C. Field Compression Tests Compression test specimens shall be taken during construction from the first placement of each class of concrete specified herein and at intervals thereafter as selected by the CITY to ensure continued compliance with these specifications. At least one set of test specimens shall be made for each 50 yards of concrete placed. Each set of test specimens shall be a minimum of 4 cylinders. 2. Compression test specimens for concrete shall be made in accordance with ASTM C 31. Specimens shall be 6-inch diameter by 12-inch high cylinders. 3. Compression tests shall be performed in accordance with ASTM C 39. One test cylinder will be tested at 7 days and 2 at 28 days. The remaining cylinder will be held to verify test results, if needed. PART 2 — PRODUCTS 2.01 CONCRETE MATERIALS A. Materials shall be delivered, stored, and handled so as to prevent damage by water or breakage. Only one brand of cement shall be used. Cement reclaimed from cleaning bags or leaking containers shall not be used. All cement shall be used in the sequence of receipt of shipments. B. All materials furnished for the work shall comply with the requirements of ACI 301, as applicable. C. Storage of materials shall conform to the requirements of ACI 301. D. Materials for concrete shall conform to the following requirements: Cement shall be Portland cement conforming to ASTM C 150 Type 1. 2. Water shall be potable, clean, and free from objectionable quantities of silty organic matter, alkali, salts and other impurities. 3. Aggregates shall be obtained from pits acceptable to the CITY, shall be non -reactive, and shall conform to the SFBC and ASTM C 33. Maximum size of coarse aggregate shall be as specified in Paragraph 2.04B. ....... . SPEC-8 of Tamarac PurchasingDivision & Contracts Dison '9 4. Ready -mix concrete shall conform to the requirements of ASTM C 94. 5. Air -entraining agent meeting the requirements of ASTM C 260, shall be used. Sufficient air -entraining agent shall be used to provide a total air content of 3 to 5 percent (Max.). The CITY reserves the right, at any time, to sample and test the air -entraining agent received on the job by the BIDDER. The air -entraining agent .shall be added to the batch in a portion of the mixing water. The solution shall be batched by means of a mechanical batcher capable of accurate measurement. 6. Admixtures: Water reducing and retarding admixture shall be added and measured as recommended by the manufacturer. The addition of the admixture shall be separate from the air entraining admixture. The addition of the admixture shall be completed with one minute after addition of water to the cement has been completed, or prior to the beginning of the last three-quarters of the required mixing, whichever occurs first. Water reducing and set retarding admixtures shall be in conformance with ASTM C 494, Type D. 2.02 CURING MATERIALS A. Materials for curing concrete as manufactured by Materbuilders, contain a fugitive dye so that distinguishable, 2.03 CONCRETE DESIGN REQUIREMENTS specified herein shall be MB 429 as or equal. The curing compound shall areas of application will be readily A. General: Concrete shall be composed of cement, admixtures, aggregates and water. These materials shall be of the quantities specified. In general, the mix shall be designed to reduce a concrete capable of being deposited so as to obtain maximum density and minimum shrinkage and, where deposited in forms, to have good consolidation properties and maximum smoothness of surface. All changes shall be subject to review by the CITY. B. Water -Cement Ratio and Compressive Strength: The minimum compressive strength and cement content shall be not less than specified in the following tabulation: SPECS "� of Tamarac '� � Pcrrwrtaslnc & vor,.rairs Division Min. 28-Day Max. Compressive Min. Size Cement Max. W/C Type of Work Strength Aggregate Per cu yd Ratio Psi LEI (sackslb wt. Site -work Concrete: Concrete fill, 3,000 1 5.5 0.50 pavement, curbs and sidewalks (Class B) Note: One sack of cement equals 94 lbs. 2.04 CONSISTENCY A. The consistency of the concrete in successive batches shall be determined by slump tests in accordance with ASTM C 143. The slumps shall be 3 inches, but no more than 4 inches. PART 3 -- EXECUTION 3.01 PREPARATION OF SURFACES FOR CONCRETING A. General: Earth surfaces shall be thoroughly wetted by sprinkling, prior to the placing of any concrete, and these surfaces shall be kept moist by frequent sprinkling up to the time of placing concrete thereon. The surface shall be free from standing water, mud, and debris at the time of placing cement. B. Cleaning: The surface of all metalwork to be in contact with concrete shall be thoroughly cleaned of all dirt, grease, loose scale and rust, grout, mortar, and other foreign substances immediately before the concrete is placed. 3.02 FINISHING CONCRETE SURFACES A. General: Surface shall be free from fins, bulges, ridges, offsets, honeycombing, or roughness of any kind, and shall present a finished, smooth, continuous hard surface. Allowable deviations from plumb or level and from the alignment, profiles, and dimensions shown on the drawings are defined as tolerances and are specified herein. These tolerances are to be distinguished from irregularities in finish as described herein. Aluminum finishing tools shall not be used. B. Uniformed Surfaces: After proper and adequate vibration and tamping, all unformed top surfaces of slabs and curbs shall be brought to a uniform surface with suitable tools. City of Tarrarac Purchasing & Contracts Division .. ........... ---- C. Slabs shall receive a steel trowel finish without local depressions or high points. In addition, the surface shall be given a light hairbroom finish with brooming perpendicular to drainage unless otherwise shown. The resulting surface shall be rough enough to provide a nonskid finish. 3.03 PROTECTION A. The BIDDER shall protect all concrete against injury until final acceptance by the CITY. Fresh concrete shall be protected from damage due to rain. The BIDDER shall provide such protection while the concrete is still plastic and whenever such precipitation is imminent or occurring. 3.04 TREATMENT OF SURFACE DEFECTS A. As soon as forms are removed, all exposed surfaces shall be carefully examined and any irregularities shall be immediately rubbed or ground in a satisfactory manner so as to secure a smooth, uniform, and continuous surface. Plastering or coating of surfaces to secure a smooth, uniform, and continuous surface. Plastering or coating of surfaces to be smoothed will not be permitted. No repairs shall be made until after inspection by the CITY. In no case will extensive patching of honeycombed concrete be permitted. Concrete containing minor voids, holes, honeycombing, or similar depression defects shall be repaired as specified herein. Concrete containing extensive voids, holes, honeycombing, or similar depression defects, shall be completely removed and replaced. The BIDDER at its own expense shall promptly execute all repairs and replacements herein specified. A. The BIDDER shall protect all concrete against injury or damage from excessive heat, lack of moisture, overstress, or any other cause until final acceptance by the CITY. Particular care shall be taken to prevent the drying of concrete and to avoid roughening or otherwise damaging the surface. Any concrete found to be damaged, or which may have been originally defective, or which becomes defective at any time prior to the final acceptance of the completed work, or which departs from the established line or grade, or which, for any other reason, does not conform to the requirements of the Contract Documents, shall be satisfactorily repaired or removed and replaced with the acceptable concrete at the BIDDER's expense. END OF SECTION -- . SPEC-1 I of Tarr arac CONSTRUCTION PART 1 — PRE -CONSTRUCTION 1.01 PROCEDURES ".? P;uchasing � Contracts Oivision A. The "Notice to Proceed" shall be given to the Bidder at the pre - construction meeting. B. The Bidder shall obtain a Sunshine State One Call Certification number at least 48 hours prior to beginning any excavation, call 1-800-432-4770. C. Bidder shall be responsible for verifying all site conditions, facilities, and accuracy of plans prior to beginning work. It is the responsibility of the Bidder to notify the appropriate City, State, and County officials of any conflicts to the proposed construction so that appropriate measures can be taken to resolve the conflict. PART 2 -- CONSTRUCTION 2.01 TEMPORARY FACILITIES A. Bidder shall be responsible, at Bidder's expense, to supply temporary facilities, including but not limited to, sanitary services, water service, and electricity as necessary. 2.02 SAFETY A. Bidder shall supply all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. B. All open trenches and holes adjacent to roadways or walkways shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. C. No trenches or holes near walkways, in roadways or their shoulders are to be left open during any non -working hours. D. All construction shall be done in a safe manner and in strict compliance with all the requirements of the Federal Occupational Safety and Health Act (OSHA) of 1970, and all State and Local safety and health regulations. 2.03 CURBING AND ASPHALT RESTORATION: A. The Bidder shall perform all earthwork necessary to accomplish the curb construction shown on the drawings. This includes all excavations, embankment and removal of muck and any other unsuitable material in SPE-Cas City of Tamarac j _ s t _ -- ?urchasing & Contracts Division ._.__._........ --- order to attain the required alignment, grade and cross section shown on the drawings. B. The Bidder shall perform all excavation of whatever material encountered necessary to accomplish the curb construction shown on the drawings. This includes the movement and placement of suitable excavated material used for fill and embankment. C. All rights -of -way and easements within construction areas are to be completely demucked. Any such material shall be replaced with approved granular fill that shall be compacted in layers no thicker than 6" to not less than 100% of maximum density as determined by AASHTO T-99C. D. The 4" limerock curb pad shall be primed and compacted in one lift to not less than 98% of maximum dry density as per AASHTO T-180, minimum carbonates = 70%, liquid limit less than 35, plasticity index less than 6, LBR of not less than 100, and conform to the requirements of section 911 of Florida Department of Transportation Standard Specifications. E. Concrete gutters and curbs shall be constructed at the locations and to the dimensions and grades shown on the drawings and shall be in accordance with Florida Department of Transportation Standard Specifications, Section 520, Articles 520-1 through 520-10. F. All existing pavement, cut or damaged by construction, shall be properly restored at the Bidder's expense. G. Where any proposed pavement is to be connected to existing pavement, the existing edge of pavement shall be saw cut. H. Stabilization shall be performed where shown on the drawings and shall conform to the requirements of Florida Department of Transportation Standard Specifications, Section 160, Articles 160-1 through 160-8. A. Bidder shall be responsible for providing City with test results for the following: - Density test on the stabilized subgrade. - Density test on the finished limerock base. - Soil samples per AASHTO T-99C and T-180 B. Density tests shall be taken by an Independent Testing Laboratory certified by the State of Florida, and shall be administered in the presence of the appropriate City, State or County officials. The Bidder shall paY_for all testing costs. SP C'-13 Z; of Tarr;ara ; Pcirchasing R Contracts Division r. C. The finished surface of the base course, and that of the wearing surface, shall not vary more than 1/4" from the template. Bidder shall correct any irregularities exceeding this limit. 2.05 CLEANUP A. Bidder shall restore or replace any public or private property damaged by Bidder, Bidder's employees/agents, Bidder's equipment, or Bidder's failure to adhere to prescribed safety measures. Restoration condition shall be equal to or better than conditions existing immediately prior to the beginning of work on the project. Restoration shall be at Bidder's expense. B. Bidder shall be responsible, at Bidder's expense, for removal and proper disposal of all construction debris, including but not limited to rocks from trenching operation. C. During construction, 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 broom clean. 2.06 SUBMITTALS A. Upon completion of construction, and prior to final approval and payment, the Bidder shall submit to the appropriate City, State, and County officials, one complete set of "As Built" drawings. These drawings shall be marked to show "As Built" construction changes and dimensions, locations, and elevations of all improvements. END OF SECTION - -._ - SP C 1a City of Tamarac I;7_XVjMI',I4:111dJ, 0 01.11►It] PART 1 —GENERAL 1.01 THE REQUIREMENT Purchasing & Contracts Division A. This section consists of the replacement of pavement striping, marking, and traffic signs distributed by the Bidder as required for a complete installation. B. All pavement striping shall be thermoplastic unless otherwise specified in writing by CITY. 1.02 RELATED ITEMS SPECIFIED ELSEWHERE A. Asphaltic concrete pavement. 1.03 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. DOT Specifications: The phrase "DOT Section" shall refer to the Section specified in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The DOT Specifications are referred to herein and are hereby made a part of this Contract to the extent of such references, and shall be as binding upon the Contract as though reproduced herein in their entirety. DOT 706 Reflective Pavement Markers DOT 711 Thermoplastic Traffic Stripes and Markings DOT 971 Paint Materials 1.04 QUALITY ASSURANCE A. All road work shall be in full compliance with local and state codes standards and regulations and the State of Florida "Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways" and "Manual of Traffic Control and Safe Practices for the Streets and Highway Construction Maintenance and Utility Operation." B. Bidder shall be responsible for all pavement markings as noted on plans. All pavement markings shall conform to appropriate City, State, County and MUTCD standards. PE, C-r 5 City of Tamarac ^� _T _._..........._._.._...._... � _ �:` Purchasing & Contracts Division PART 2 — PRODUCTS 2.01 TRAFFIC PAINT A. Paint for pavement stripes shall be in conformance with DOT Section 971-13. B. Colors shall be yellow or white. 2.02 REFLECTIVE PAVEMENT MARKERS A. Reflective pavement markers and their installation shall conform to the DOT Specifications, Section 706, and/or Broward County and/or City, whichever is more stringent. 2.03 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS A. Thermoplastic pavement markings, including stripes, stop bars, reflective pavement markers and other miscellaneous items, will be replaced as existed before the repair was made. The thermoplastic compound shall be a specified in DOT 711. The thermoplastic compound shall be extruded or sprayed onto the pavement surface in a molten state by mechanical means, with surface application of glass spheres, when required, and upon cooling to ambient pavement temperature, shall produce an adherent pavement marking of specified thickness and width and capable of resisting deformation. B. The colors of the compound shall be white and yellow, as existed before the repair. C. Where thermoplastic is to be applied to cement concrete pavement, a sealing primer as specified in DOT Specifications, Section 711 shall be applied in advance of the placing of the stripes. D. The thermoplastic shall be applied to the pavement utilizing either extrusion or spray application equipment. The application equipment shall be so constructed as to provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the shaping die or gun shall be so constructed as to prevent accumulation and clogging. The equipment shall be constructed so that all mixing and conveying parts up to and including the shaping die or gun maintain the material at the plastic temperature with heat transfer oil or electrical element controlled heat. Direct fire heat transfer will not be allowed. E. The application equipment shall be so constructed as to insure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off square strip ends, and shall provide a method SPEC-16 of Tamarac & Contracts Division of applying "skip" lines. The use of pans, aprons, or similar appliances, which the die overruns, will not be permitted. F. Glass spheres applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the striping machine in such a manner that the beads are dispensed almost instantaneously upon the installed line. G. Special kettle(s) shall be provided for melting and heating the thermoplastic material. The kettle(s) shall be equipped with automatic thermostatic control devices in order to provide uniform temperature control and prevent overheating of the material. The applicator and kettle(s) must be so equipped and arranged as to satisfy the requirements of the National Fire Underwriters, the State of Florida, and the municipalities that have jurisdiction where the work is being done. H. Applicators shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The applicator equipment to be used on roadway installations shall consist of either hand equipment or truck -mounted units, depending on the type of marking required. The hand applicator equipment shall be insulated and shall have sufficient capacity to hold 150 pounds of molten material and shall be sufficiently maneuverable to install crosswalks, lane, edge and centerlines, arrows and legends. The truck -mounted unit for lane, edge and centerlines shall consist of a mobile self-contained unit carrying its own material capable of operating at a minimum speed of five miles per hour while installing striping. J. Application time, weather limitations and surface preparation shall be in accordance with DOT Sections 710-4. 710-5 and 710-8. K. The material, when formed into traffic stripes or other markings, must be readily renewable by placing an overlay of new material directly over an old line of compatible material in such a manner that no splitting or separation takes place. L. The application temperature shall be within the range specified by the manufacturer of the thermoplastic compound being used. M. All pavement edge lines, gore, island and diagonal strip markings, wherever located, shall have a minimum thickness of 0.060 inch at the edges and a maximum thickness of 0.120 inch at the center. A minimum average film thickness of 0.090 inch shall be maintained. All lane lines, center lines, transverse markings (except shoulder markings) and pavement markings within traffic wearing area (such as dotted turning SP C-17 CM,City of Tamarace Purchasing & Contracts Division guide lines) shall have a minimum thickness of 0.090 inch at the edges and a maximum thickness of 0.1 inch at the center. A minimum average film thickness of 0.090 shall be maintained. All thickness measurements shall be an average in any three-foot length. N. The glass sphere top coating shall be applied by a type of glass sphere dispenser or gun which will embed the spheres into the line surface to at lest one-half their diameter. The glass sphere top coating shall not incur more than 10 percent loss during the first 30 days of traffic exposure. END OF SECTION SPEC-1a 8' 6 ASPHALT Y�w�f n' �r +'� �.�.. Pad .q "w^� �$ , pp .+wk 'F"v Y"�IiY�nh.n.P ""g.l'p•' ,,� '� �,e �' "+C ;W� f C t? ;` ..,�'°• t r tYv �ii "t l ro '+f L�"F �, �.ar S.E� "'a • .Js�j.Y « ^N+., ���;�; � arA.'.,!�s � r..f�,`�"' ;• �`a � mod- 5`� , *t'i `+.eri k+rrr'. `.r�: � r'�.. i. LI tERCCK BASE SMALL 13F COMOAtiTED TO NOT LESS T A4N 98% Or MAXIMR, Y DENSHY AS OETER— MINEG BY AASHTO T-- I eO era AIM M►NIMUV LOR 100 AND MAXIMUM OF 6" LIFTS, 11, 2« SUB GRADE 'SHALL SE COMPACTED TO NOT ' ES a THAN 9 % OF M,aXWjM GEkNSITY AS ETEPMINEO BY AASIITC) 'T' 15u WITH MINIMUM L8R 40 AND A MAXIMUM OF 6" LIFTS. 1. DENSITY TESTS S:-i,wLL BE REOUIREa AT A MiNI4 UM OF ONE PER 5.CrQ,0 SOUARE rEET, AND FE`RFORMED BY AN APPROVED CNDEPENDEN'T LABORATORY AT THE CONTRACTOR'S R.,S EXPENSE- 2. ALL ORBS SHAi I BE POURED MONOLITHICALLY ALL C ;. GS SMALL B`; CONSTi?U TED IN ACCORDANCE WITH, THIS DETAIL SHEET. 3 CONTROL J91►`JTS SHALL BE TOOLED OR CUT EVERY TEN (10), FEET, 4. ALL AREAS BE ND CUP85 SHALL BE SAC:'KFILLED WITHIN 72 OF P"LA'I EWEN . TYPE w"O" ROE" ■ E CURB 'ru WN CCYACRE f L L r !!'2 LOW,-S,IPE Al�� -lAt om. 2 . ...... HIGH-SI-DE ,NVENT AN"' ilii' 0, '110' I UW-I,DCK &�SE SHAL- Il' V1,41.0 kf'r A4S! °70 7 - Fj 4,il 1-4 V F 11 1- Y L".1.0I5rr, '�,47 i-Wq A Of' 8Y AAS. I TS MAXIM�JIM 0) C r'F, 1'IF F7FT Pk� PIPL�14:1 I "I A T CJ- Y, I Ll �C UAL N TYPE "F" CURB & GUTTER 2k -0" MIN. 3,000 PSI CONCRETE i-- ASPLT 1. LIMEROCK BASE SHALL 8E C�',)MPACTCO TO NOT LEIS THAN 99% OF MAXWUM DENSITY AS DFTCP- MI,N[D BY AASHTO T-i60 mTH MINIMUM LB q 100 AND MAXIMUM CF 6" L,FTS, 2. SUE? GRADE SHALL Sr. COMPACTED 70 NOT LESS THAN 9e� OF' MAXIMUM DEN31r'Y AS 0zTERMINED BY AkSHT0 T-180 WITH MINIMVNI LEIR 4 kND fj4AX,,*M,JM OF 6' LIFTS. IV- DITIONAL, , ,I 1 . DNSITY TESTS SHALL C-E ;�:OIJIRFD A'r A MINIMUM & ON-- PER 5.CK10 SOIJAPE: FEET. ANO PERFOPMED BY AN APPRC)V-',) 1,%,l)-tPENOENT LABORATORY AT 7HE CONIRACTCR'S EXPENSE, 2, ALL CURBS SHALL K POURED MONDLITHICALLY ALL CIJRSS SHALL BE CONSTRUCTED IN ACCCROANCE 011H THiS DETAIL SHEET, 3. CONtPOL JOINTS SHALL OE TOOLE11) OR CU7 EVERY TEN (10) FEET. 4, ALL AREAS BEHIND CURBS SHALL 9E QACKFILLED WITHIN 72 WjURS CF PJCEIVIENT, Jab .'Vo, CITY OF TAMARAC PUBUC worms DEPmTurn Zl rNmmzri D[WC5IU1f SHEET 3 MIN. -,000 PSI CONCRETE ASPHALT � 2 I .. i � I COMPACTED SUBGRAVE .VON, LBR 4.0 1 2" JIJIuROGK E3ASL SHALL BE COUFIACTFi7 70 Nor LM THAN yak OF MAX1uUAI DENSITY AS OE EIR-° MINLO BY AASHTO T-180 V!IN MIhJIMUt,I LBR 100 AMID NOAXIMU#A OF o" LIFTS. Z. y'J� GRADE SHALL BE C;;�MPACTFD TM° N10T LESS THAN 98% Or MAXIMJM DENSTY As DETEF2/vn'hl04 L2 AASHTO T-180 WITH MINIMUM I.SR -0 AND A W,,XIMJId oF 6' LIFTS. i9rl [� c':i 1''.m614� .Scx%�r� �,-"•..-� � 1. DEN."Wrf TESTS SHALL BE R QUIREP A7 A IAAPAUM OF -7'4E f 7P 5,000 SWARE FEET, AND PERFORMED HY AN APPROVED INDEPENDEN' LA.SORATORY ,AT THE CON-PA;CTOR'S EXPENSE. 2. ALL CJR9S SH4L:_ BE 'OURED MONCILITHICALLY ALL CURFIS SHALL 6 CONSTRUWT"D IN ACCWHOANCE wifli TIIIa rf7AIL SHEET. 3. CONTROL aQINT5 SHALL BE TOOLED OR CUT FV'RY TEN (10) ELLI. 4. .A!.L AREAS BEHIND CJRRS SHALL L;E BA.CKFILLED Vii-KN 77 HOURS OF PLACEMENT. H -.C'U R DETAIL � .. eill= xnrr f �'"°`' STANUARU DETAILS HEADER PiGUAR iPAV-3 CURB CITY OF TAWARAC, BROWARD COUNTY, F'LONDA CITY rrr T R AC SHEET 12 �+'17 L a " 4I LU L--k J p r Al STANDARD :DETAILS Y - " DETAX.5 CM ar TAMARAC, BROW000 C+'A!.iM1'a'. PIMCA of Tamarac Purc;hasiog and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: 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 Schedule of Bid Prices. ❑ 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so 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. Include proof of insurance. 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. RF-1 , �' of Tamarac �; Purchasing and Contracts Division BID FORM BID NO. 04-19B INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK The City of Tamarac is hereby requesting Bids, from qualified vendors, for the INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK on an "as needed" basis. 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 Certified General Contractor with at least five (5) years of verifiable full-time successful experience installing curb, gutter and sidewalks. 101 ZJ 2. A County Competency license as a General Engineered Construction Builder or Major Roads Class "A" or Minor Roads Class "B" or Concrete Driveways, Curbs and Sidewalks Class "C", with at least five (5) years of verifiable full-time successful experience installing curb, gutter and sidewalk. We propose to furnish the following items in conformity with the specifications and at the indicated bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. In the event of obvious mathematical errors, the Bidder recognizes these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. See Schedule of Bid Prices on the following pages. SCH-1 Bid Form & Schedule of Bid Prices ----._.._...._................._._,_...... Purchasing — — ------......__ ..... Division of TamaracandandCrContracts�— SCHEDULE OF BID PRICES BID NO.04-19B INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK All bid items shall include costs for furnishing to the City all materials, equipment, supplies and all costs incurred in providing all work shown in the specifications. Said costs shall be complete and inclusive of all labor, permits, inspection, servicing and start-up fees, taxes, insurance, bonds, mobilization, miscellaneous costs, warranty, overhead and profit. Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. Note: The City, through its Public Works Department, will guarantee, based off the bid pricing, a minimum individual work order or purchase order of $600.00. If the specific work order/purchase order, based off the prices bid, does not equal or exceed $600.00, the City will pay the difference of the actual work performed and the $600.00 minimum work order/purchase order as consideration for cost of Contractor mobilization. In accordance with all terms, conditions, specifications and requirements, the Bidder offers pricing as indicated on the following page. SCH-2 n. of , arrmrar, Purchasingand Cor;trar,,'s DPrrsrcn SCHEDULE OF BID PRICES BID NO. 04-19B INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK ITEM NO./DESCRIPTION LOT I QUANTITY UNIT COST 1. CONCRETE SIDEWALK 4" THICK A. LESS THAN 600 SF $ B. GREATER THAN 600 SF $ 2. CONCRETE SIDEWALK 6" THICK A. LESS THAN 600 SF $ B. GREATER THAN 600 SF $ 3. TYPE "D" CURBING A. LESS THAN 600 LF $ B. GREATER THAN 600 LF $ 4. TYPE "F" CURBING A. LESS THAN 600 LF $ B. GREATER THAN 600 LF $ 5. HEADER CURB A. LESS THAN 600 LF $ B. GREATER THAN 600 LF $ 6.VALLEY GUTTER A. LESS THAN 600 LF $ B. GREATER THAN 600 LF $ 7. CONCRETE REMOVAL A. LESS THAN 600 SY $ B. GREATER THAN 600 SY $ The City reserves the right to make multiple vendor awards on this contract. Determination for award shalll be based on the low responsive / responsible bid unit cost for each item. Example: Item 1A shall be considered a separate item from Item 1 B. COMPANY NAME: AUTHORIZED SIGNATURE: SCH-3 of i arnarac BID FORM (continued) 1:119721 lowly. 5U61-3 Purchasing and Contrac!s Division INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date 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 sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SCH-4 ,f Tamarsc Purchasing and Contracts Division BID FORM (continued) BID NO. 04-19B INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signature Typed/Printed Name Telephone Company Name Address City, State, ZIP Fax Federal Tax ID Number Email address for above signer (if any) Contractor's License Number SCH-5 City of Tamarac BID FORM (continued) BID NO. 04-19B Purchasing and Contracts Division INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK Bidders Name: TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. of Tamarac Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIPF-1 If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number CORPORATION OTHER[] Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person Page 1 of 1 Certification City of Tamarac � :ifig1401;1*103.11L"INIIIN Purchashig & C« otracts Division I, (Name), the duly elected Secretary of (Name of Corp.), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 2D (SEAL) 22 Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Certified ReS010017 or Tamarac (: , Purchasing & 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 881h Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Check One FICorporation Partnership ElIndividual 1-1 Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: Page 1 of 5 Offeror's Qualification Statement �fn of Tamarac P!,rchasir, Contracts Civision v^�., 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this' Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? F]YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? FIYES [:] NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? 1:1 YES F—] NO Page 2 oft; Offerors Qualification Statement of Tamarac f'urchasir�r� � Contracts Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 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: 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: ............ Page 3 of 5 Offefor's Qualification Statement of Tamarac & contracts :division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address_ Telephone 20. s'; icial statement including Offeror's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? ElYES NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offerors Qualification Statement ,)f Tamarac Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification 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 omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of County of On this the day of , 20 — , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 5 of 5 Offeror's Qualification Statement City of Tamarac NON -COLLUSIVE AFFIDAVIT State of )ss. County of Purchasing & Contracts Division being first duly sworn, deposes and says that: 1. He/she is the (Owner, Partner, Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: By Witness Witness Printed Name Title Page 1 of 2 Non -Collusive Affidavit City of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Purchasing & Contracts Division On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit Cly of Tamarac VENDOR DRUG -FREE WORKPLACE Pur&7asincg & Contracts Division Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name Faye 1 of 1 Drug -Free Workplace City of Tannarac ! 4 � Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 9 of 1 References City of Tamarac `' r Purchasing & Contracts Division .. _._ .........._ ..... ..._........ _...... _._ _. __ __ _ ..._..._._..___._....___ ....._.............__....... -- _. ._........ _ ._........ - - `w .,., 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 non -responsive and may cause its rejection. Subcontractor % Total Contractor Name/Address Contract License No. Work to Be Performed Page 7 of 1 List of Subcontractors City of Tamarac � � . Purch�asinq & Contacts civisi�arr _- __-- ,J._._--..--_..-._ _.._.. BID BOND STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Dollars $ 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 20 for: L`-1C1►rel 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; ACKNOWLEDGEMENT BID BOND Signed and sealed this IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary "Impress Corporate Seal day of Prrc;hasino & contracts Division Principal Business Address City/State/Zip Business Phone Surety' By Title Attorney -In -Fact* Page 2 of 2 ,20 Bid Bond Acknowledgement City of Tamarac .. _.....----�. ...._...._...__...___........._...._.Paymem' Bond 1..---- FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, CONTRACTOR, and as Principal, hereinafter called as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. Page 1 of 3 Cityof Tamarac Bond 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of 120 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Page 2 of 3 City of Tamarac rent Bond ACKNOWLEDGMENT FORM PAYMENT BOND State of County of On this the day of 120 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) ,a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) Page 3 of 3 (Name of Corporation) City of Tamarac Performance Bond FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of: Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated )20 , for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or Page 1 of 4 City of Tamarac Performance Bona 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary Principal By (AFFIX SEAL) Signature and Title WITNESSES Type Name and Title signed above Surety Secretary By (AFFIX SEAL) Signature and Title Type Name and Title signed above Page 2 of 4 City of Tamarac IN THE PRESENCE OF: Performance Bond INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of On this the day of 20 before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) a _ of (Title) (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or❑DID NOT take an oath Page 3 of 4 City of Tamara; CERTIFICATE AS TO PRINCIPAL Performance Bond 1, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) Page 4 of 4 (Name of Corporation) �� City of Tamarac 4 t.T!10 r rsj»11W-A1101,I7•1:IJ_VA'i14►111 Contract Title: Contract/Purchase Order No.: Contract Change Order Value: _ Cumulative No. Change Orders: Purchasing & Contracts Division Original Contract Value: Current Contract Value: Application for Payment is made, as shown below: 1. Original Contract Sum 2. Net Change by Change Orders 3. Contract Sum to Date (line 1 (+) or (-) line 2) 4. Total Completed and Stored to Date 5. Retainage a. 10% of Completed Work b. 10% of Stored Material c. Total Retainage (line 5a + line 5b) 6. Total Earned less Retainage (line 4 -- line 5c) 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) 8. Current Payment Due 9. Balance to Finish, plus Retainage (line 3 — line 6) Submitted by: Approved for Payment: Contractor Project Manager Page 1 of 1 Date: Date: Application for Payment City of T rn r,ac �; Pulthasiri &Contracts Division .... .. T; E z — CHANGE ORDER DATE OF ISSUANCE: CHANGE ORDER NO. OWNER: PROJECT CITY OF TAMARAC NAME: 7525 NW 881h Avenue Tamarac, FL 33321-2401 BID NO. PROJECT NO. CONTRACTOR P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE Original Contract Price $ CHANGE IN CONTRACT TIME Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order Net (Increase) of this Change Order Net (Increase) of this Change Order $ Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED APPROVED APPROVED BY BY BY Director City Manager Contractor Date Date Date 4 w City of Tamarac Purchasing & Contracts Division _..._ ................. _ ._..__......._......... ---- - FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated ,20 PROJECT: , in connection with the following public work: CONTRACT NO. does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of , 20 Signed, Sealed and Delivered in the Presence of: Corporate Secretary Signature Type Name Contractor President Signature Type Name Page 1 of 2 Final Re/ease of Lien City of Tamarac Purchasing & Contracts Division ..�.�..... _....... ------- _--- --------- _.................. _. _.......... ...................... __.... — ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Release of Lien Acknowledgement of Tamarac �`,?" Purchasing and Contracts Division SAMPLE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this _ day of 20 by and between the City of Tamarac, a municipal corporation, with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and a corporation with principal offices located at (the "Contractor") for the installation of Type "D" and "F" Curb, Header Curb, Valley Gutter and Sidewalk on an open-ended contract basis and to properly complete the project(s) as specified in Bid No. 04-19B. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of Bid No. 04-19B bid documents, (General, Special and other Conditions), drawings and specifications, all addenda issued prior to, and all modifications issued after, execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement 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. 04-19B, as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary as indicated in the specifications herein. b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. ........... ..._................. Page 1 o 7 Sample Contractor Agreement rt � of Tamarac ;"�w",'�, Purchasing and Contracts Division 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 term Agreement shall commence after a mutually agreed time frame is accepted by both parties and a Notice to Proceed is issued. Multiple Notices will be issued on an "as needed basis under this agreement. Each Notice to Proceed will indicate a commence date and the mutually agreed upon time frame to complete the specific scope of work. 5) Contract Sum The Awarded Sum for the above work is Dollars and cents ( ). City does not guarantee this amount. The quantity of work, at the unit prices awarded, shall apply for all work performed under this open-ended contract. 6) Payments Payments will be made in accordance with contract documents and Bid No. 04- 19B. Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 1 0% 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. 8) Warranty 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 P ige, 2 of 7 Sample Contractor Agreement of Tamarac i `" Purchasing and Cortracts Division Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. Page 2 or 7 Sample Contractor Agreement City of Tamarac Purchasing and Contracts OMSI017 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 substantial completion of the entire project 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. 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. Page 3 of 7 Sarnple Contractor Agreement of Tamarac -(Z Purchasing and Contracts Division 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 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. 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 Page, 4 G>f 7 Sample Contractor Agroement of Tamarac s; a , ` r Purchasing and Contracts Division 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 Previsions 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. F' rrr: 5 of 7 Sample Contractor Agreement � r City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and signing by and through its duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date /_N1*"ill (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date Page 6 of 7 Sample Contractor Agreement ZVI` Cityof Tarn.aracPurchasing and Contracts Division `, CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of , 20^ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Pago 7 of 7 Sample Contractor Agreement EXHIBIT "2" TR10525 SCHEDULE OF BID PRICES BID NO. 04-19B INSTALLATION OF TYPE "D", TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK ITEM NO./DESCRIPTION - LO - -QUANTITY7 UNIT COST 1. CONCRETE SIDEWALK 4" THICK A. LESS THAN 600 SF $�- B. GREATER THAN 600 SF $ 5. 2. CONCRETE SIDEWALK 6" THICK A. LESS THAN 600 SF st o3zy B. GREATER THAN 600 SF $ 3. TYPE "D" CURBING A. LESS THAN 600 LF $ ,� B. GREATER THAN 600 LF $ ro 4. TYPE "F" CURBING A. LESS THAN 600 LF $ 1 B. GREATER THAN 600 LF $ 5. HEADER CURES A. LESS THAN 600 LF $� , L, 0 B. GREATER THAN 600 LF $ 6. VALLEY GUTTER A. LESS THAN 600 LF $ B. GREATER THAN 600 LF $�(�_ LSO 7. CONCRETE REMOVAL A. LESS THAN 600 SY $ 3 G. B. GREATER THAN 600 SY $ LA.0 V The City reserves the right to make multiple vendor awards on this contract. Determination for award shalll be based on the low responsive / responsible bid unit cost for each item. Example: Item 1A shall be considered a separate item from Item 1 B. COMPANY NAME: Crv-�t 0 I UC\C'f-t AUTHORIZED SIGNATURE: SCHEDULE OF BID PRICES BID No. 04.19E INSTALLATION OF TYPE "Do', TYPE "F" CURB, HEADER CURB, VALLEY GUTTER AND SIDEWALK The City reserves the right to make multiple vendor awards on this contract. Determination for award shall) be based on the low responsive I responsible bid unit cost for each Item. Example: Item 1A shall be considered a separate Item from Item 1 B. / COMPANY NAME:�G�i'l AUTHORIZED SIGNATURE: 5CM-3