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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2201 1 Temp. Reso#10546 September 30, 2004 Revision No. 1 September 14, 2004 Revision No. 2 September 15, 2004 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-Ra A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID NO.04-28B FOR THE INSTALLATION OF TYPE "D" AND "F" CURB ON NW 57T" STREET BETWEEN UNIVERSITY DRIVE AND PINE ISLAND ROAD TO FLORIDA BLACKTOP, INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FLORIDA BLACKTOP, INC., FOR THE INSTALLATION OF TYPE "D" AND "F" CURB ON NW 57T" STREET BETWEEN UNIVERSITY DRIVE AND PINE ISLAND ROAD; AUTHORIZING AN EXPENDITURE OF FUNDS FOR AN AMOUNT NOT TO EXCEED $125,280.00 WHICH REPRESENTS A CONTRACT AWARD OF $115,280.00 AND A PROJECT CONTINGENCY OF $10,000,00; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has approved certain streets for median beautification as part of its seven year comprehensive street improvement program; and WHEREAS, the installation of Type "D" and "F" Curb is necessary prior to the completion of the median beautification program along NW 57t" Street; and WHEREAS, the City of Tamarac publicly advertised Bid No. 04-28B, a copy of which is attached hereto as Exhibit 1, for installation of Type "D" and "F" Curb in the Sun -Sentinel on August 8th and 151", 2004; and Temp. Reso#10546 September 30, 2004 Revision No. 1 September 14, 2004 Revision No. 2 September 15, 2004 Page 2 of 4 WHEREAS, on August 25, 2004, two (2) bids were opened and reviewed in orderto determine cost and responsiveness to the City's technical specifications; and WHEREAS, Florida Blacktop, Inc., provided the lowest responsive and responsible bid for installation of Type "Y and " F" Curb, a copy of which is attached hereto as Exhibit 2; and WHEREAS, funding is available in Account No. 320-5020-541.63-52 as part of Public Works Department's Street Improvement Project; and WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City award Bid No. 04-28B and enter into an agreement with Florida Blacktop, Inc., for installation of type "D" and "F" Curb for an amount not to exceed $125,280.00 which represents a contract award of $115,280.00 and a project contingency of $10,000.00; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid #04-2813 and enter into an agreement with Florida Blacktop, Inc., for the installation of Type " Y and "F" Curb for an amount not to exceed $125,280.00 which represents a contract award of $115,280.00 and a project contingency of $10,000.00. 1 1 1 Temp. Reso#10546 September 30, 2004 Revision No. 1 September 14, 2004 Revision No. 2 September 15, 2004 Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid No. 04-28B for installation of Type °D" and "F" Curb to Florida Blacktop, Inc., is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute an Agreement between the City of Tamarac and Florida Blacktop, Inc., for the installation of Type "D" and "F" Curb, a copy of which is attached hereto as Exhibit 3. SECTION 4: Total expenditure in an amount not to exceed $125,280.00 is hereby authorized, which represents a contract award of $115,280.00 to Florida Blacktop, Inc., and a project contingency of $10,000.00. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso#10546 September 30, 2004 Revision No. 1 September 14, 2004 Revision No. 2 September 15, 2004 Page 4 of 4 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. .qFrTIC7N 7 passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 22"d day of September, 2004. ATTEST: ,9 MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4f MITCHELL AFT CITY ATTORNEY j E SCH/REIIBER ayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 1 1 H EXHIBIT "1" TR10546 INVITATION TO BID Idf�alj� 3 ,P j gas ✓t�Cl z� pl'!`; . BID No. 04-28B Installation of Type "D" & Type "F" Curb on NW 57t" Street issued on behalf of the Public Works Department City of Tamarac Purchasing Division 7525 NW 8Wh Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 SUBMIT BID TO: Exhibit "1" CITY OF TAMARAC Temp. Reso. No 546 PURCHASING AND CONTRACTS DIVISION COPY NW 887" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement BID NO.: 04-28B BID TITLE: Installation of Type "D" and Type "F Curb on NW 57t' Street BID OPENING DATErrIME: August 25, 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 COMMODITIESISERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER, AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE`BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: lam QI COMPANY PHONE: 45 � NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: S. PLIer llne, AUTHORIZED AGENT E-MAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SIGNATURE OF AUTHORIZED AGENT: Q. 5 S"ou, 'YtS1 (i1.t LfST W �et 70T W 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. k)n, 330toq f of 1'arnarac 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 at 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. SUBMISSION OF THE BID The. Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. Bath 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 retumed 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. 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/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. 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 speck 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 specfcabons for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specked 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 Zlcl) Purchasing and Contracts Division 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. 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 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 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. 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. qi 4111;IKIY4441 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 4 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 Bidders liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidders Workers 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 City of Tamarac � Purchasing a.7d Contreras Division e"a expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, 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 htto://www.tmarac.org/Dgpj/fin/purch/results.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3Xa), 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. of Tamarac TABLE OF CONTENTS Bid 04-28B Purchasing and Contracts Division General Terms and Conditions................................................................................... 1 5 Instructions to Bidders.......................................................................................................6 SpecialConditions.............................................................................................................7 SpecialProvisions...........................................................................................................13 Specifications.......................................................................................SPEC-1 - SPEC-18 Bid Form and Schedule of Bid Prices................................................SCH-1 SCH-6 Non -Collusive Affidavit................................................................................................ 1 2 Certification................................................................................................................1 of 1 Offeror's Qualification Statement................................................................................ 1 5 References.................................................................................................................1 of 1 Vendor Drug -Free Workplace....................................................................................1 of 1 Listof Subcontractors.................................................................................................1 of 1 BidBond...................................................................................................................... 1 2 CertifiedResolution....................................................................................................1 of 1 FormPayment Bond................................................................................................... 1-3 Form Performance Bond...................................................................I.......................... 1-4 Applicationfor Payment.............................................................................................1 of 1 ChangeOrder........................................................................................................1 of 1 Final Release of Lien by Contractor............................................................................ 1 2 Sample Form of Agreement........................................................................................ 1-8 City of Tamarac I Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS BID NO. 0428E It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. DESCRIPTION OF WORK Bids are hereby invited to provide labor, materials and equipment from qualified Contractors for the INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET between University Dr. and Pine Island Road. The work consists of furnishing all labor, materials, equipment, tools, service and supervision to install approximately 9,000 LF of Type D and 50 LF of Type F curb, as indicated by the drawings and specifications, or as required to properly complete the project as planned. A. LICENSES 1. 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. LIQUIDATED DAMAGES Upon failure of the Contractor to complete the Scope of Work covered by these contract documents within the specified delivery of services (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 substantial 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. C. CONTACT INFORMATION Non -technical inquiries may be directed to the Senior Procurement Specialist, Purchasing Division, at 954-724-2450. Technical inquiries may be directed to John Doherty, Assistant Director of Public Works, at (954) 724-2410. City of Tamarac Purchasing and Contracts Division SPECIAL CONDITIONS BID 04-28B 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 City of Tamarac Purchasing and Contracts Division 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. 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. 1.1 �,1111 IFc11+1 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. DELIVERY All items shall be delivered F.O.B. destination, to a specific City of Tamarac address. All delivery costs and charges must be included in the Bid Price. Project substantial of Tamarac Purchasing and Contracts Divisioo completion shall be within 30 calendar days from Contractor's receipt of Notice to Proceed. 10. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 11. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 12. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 13. CHANGES IN THE WORK/CONTRACT PRICE 13.1 CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Engineer/Project Manager. 13.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the 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 of Tamarac .__ , } Purchasing and Contracts Division that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 14. CHANGES IN CONTRACT TIME 14.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 14.2 Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 14.3 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used 15. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per 10 City of Tamarac ;' ,: Purchasing and Contracts Division City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid award. The Performance Bond shall be conditioned that the Successful. Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Payment and Performance Bonds must be submitted on City forms, included herein. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. 11 City of Tamarac and Contracts Division Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 20. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Schedule of Bid Prices. The Contractor is not to use this contingency allowance without permission from the City and upon written justification to the City for such use. 12 of Tamarac 5 PUrchasing and Contracts Division SPECIAL PROVISIONS BID 04-28B 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for installation of Type "D" and Type "F" curb on NW 57t" Street between University Drive and Pine Island Road, Tamarac. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and 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. 2.6 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. 04-28B, 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 13 -ter. City of Tamarac ; Purchasing and Contracts Dvision 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. 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 14 of Tamarac Purchasing and Contracts Division 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 accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or 15 of Tamarac; !txT�'%) '—Ptrrchasir�g and Car tracts Division 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. 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. 16 of Tamarac Purchasing and Contracts Division 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 the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 17 P� 'y City of Tamarac rac and Contracts Division 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 Director of Utilities. The City shall not be responsible for the Contractor's failure to comply with this requirement. FE3 of Tamarac � Purc hasitxg qnd Contacts 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. 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. F�] City of Tamarac ,R= Purchasing and Contracts Division 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 10.6 The City shall communicate with subcontractors only through the Contractor. 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. Rr] of Tamarac^ .� _— ...�__ ���' � Purchasing and Contracts .Division 11.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 11.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 11.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 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 15 Damage To Public And/Or Private Prooertv. 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. 21 of Tamarac Purchasing and Contracts Division 13.5. If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 13.6. In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 14. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.1. Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 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. 15. CONNECTION TO CITY WATER The contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to inspection of work. 22 City of Tamarac �d Purchasing and Contracts Division 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 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. 23 of Tamarac; P:.,rchasing and Contracts Division 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 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. 24 of Tamarac :,:' �� Purchasing and Contracts Division i 20.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 20.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. 20.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 20.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 20.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 20.9 The Contractor may apply for the return of the retainage held pursuant to Section 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: 20.9.1 Repair and/or replacement of faulty or defective Work. 20.9.2 As -built drawings are submitted to and accepted by the City. 25 of Tamarac Purchasing and Contracts Division 20.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 20.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 20.9.5 Release of Lien is submitted and accepted by the City. 20.9.6 The Contractor's completion of Punch List. 20.9.7 Warranties are submitted to and accepted by the City. 21. CHANGE QUANTITIES/CHANGE ORDERS 21.1. The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 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 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. 26 of Tamarac { � ' ,W. ' Purchasing .and Contracts Division 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. 27 /i of Tamarac; Purchasing and Contracts division 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall 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. 28 of Tamarac Purchasing and Contracts Division 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. 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. 29 of Tamarac Y� Purchasing and Contracts Division 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. 26.4 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 27. CITY'S RIGHT TO WITHHOLD PAYMENT 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 27.1.4 Suppliers for materials or labor. 27.1.5 Damage to another Contractor not remedied. 27.1.6 The Contractor has incurred liability for liquidated damages. 27.1.7 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.1.8 Reasonable evidences that the Work will not be completed within the Contract time. 27.1.9 Failure to carry out the Work in accordance with the Contract Documents. 27.2 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 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. 30 of Tarnarac Purchasing and Contracts Division 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. CORRECTION PERIOD 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 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 31 of Temarac Purchasing and Con?rac:ts Division 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. 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. 32 City of Tamarac; Purchasing and Contracts Division 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. 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. 33 of Tamarac Purchasing & Contracts Division Specifications Bid 04-19B Install Type "D" and Type "F" Curb on NW 57th Street General Provisions 1. SCOPE OF WORK 1.1 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. 1.2 All work shall be in accordance with the lines, grades, notes and sections shown on drawings (provided by City). 2. 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. 3. 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. 4. 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. SPEC-1 City of Tamarac 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. SPEC-2 i 94 City of Tamarac mm � � � d �, � _ _ PUrchasing X Contracts Division 7. SUBMITTALS 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. PERMITTING 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. PEC,3 of Tamarac TECHNICAL SPECIFICATIONS CLEARING AND GRUBBING PART 1 — GENERAL 1.01 WORK INCLUDED & Contracts Division 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. END OF SECTION SPEC4 City of Tamarac + 1 PurChaSOg & 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. PEC,S City of Tamarac; & 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. 3.03 TOPSOIL REMOVAL 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. Backflll 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 City of Tamarac CONCRETE PART 1 —GENERAL 1.01 THE REQUIREMENT d Purchasing & Cotltracts Civislon ----------_...._.... .................._.......-......- i 7' T, ,, 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. SPEC; -7 of Tamarac, __. " m_ 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: 1. 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 Tarrarac w^ ? Purchasing & Contracts Division 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. 2.04 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: SPEC-9 of Tamarac__._.__ Purchasing Ccntrc;Es Division Min. 28-Day Max. Compressive Min. Size Cement Max. W/C Type of Work Strength Aggregate Per cu yd Ratio Psi in.1 (sacks) (by 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. 2.05 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. SPEC-10 of Tamarac & 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. 3.06 CARE AND REPAIR OF CONCRETE 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-11 City of Tamarac CONSTRUCTION PART 1 — PRE -CONSTRUCTION 1.01 PROCEDURES & Contracts Division 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 SPEC-12 of Tamarac & 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. 2.04 TESTING 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. SPEC-13 Of Tamarac _ _ _._. _ `Ce, _.�.�. ._.._...._ Purchasing $ Contracts Division C. The finished surface of the base course, and that of the wearing surface, shall not vary more than W 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 SPEC-14 City of Tamarac PAVEMENT MARKING PART 1 —GENERAL 1.01 THE REQUIREMENT M �1 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 1.05 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. SPEC-15 of Tamarac PART 2 — PRODUCTS 2.01 TRAFFIC PAINT & Contracts Division A. Paint for pavement stripes shall be in conformance with DOT Section 971-13. B. Colors shall be yellow or white. 2.03. 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. 3.04 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-1 S of 7arnrar9c & 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. I. 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 wherever located, shall have a minimum edges and a maximum thickness of 0.120 average film thickness of 0.090 inch shall center lines, transverse markings (exc pavement markings within traffic wearing and diagonal strip markings, thickness of 0.060 inch at the inch at the center. A minimum be maintained. All lane lines, ept shoulder markings) and area (such as dotted turning of Tamarac & 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 S aE C-18 8 '. 6 ��L NC�"IES: 1. LIMERI CK BASE SHAI.I, BE COMPACTED TO NOT DES tI-AN 98% Or MAX1VUM DENSITY AS DETER— MINED BY AASHTO V.nP�� MiNiMUM LP 100 AND MAXIMUM OF 6" Llf Tea.. 2. sue GRADE SHALL 13F COMPACTED TO NOT ' ESS THAN '9 OF MA�tI)AjNt DENSITY AS GETERM1N ;p BY AASI­iT T- 1 0 WITH MINIMI1iy,+i L R 4,0 AND A MAXIMUM Cr 6 " LIFTS. 6MIMNAL CURLING„_PaQij I. :DENSITY TESTS SHALL BE R'ECUIREO AT A I TNVJM OF ONE PER 5. 0 SQUARE rEET, AND PERFORMED BY AN APPROVTM t'.) INDEPENDENT LABORAtORY AT THE i; ONTPACT R"S EXPEN K, 2. ALL CURBS SHALL 9E POURED MONOLITHICALLY ALL CURS SHALL B'' CGNSTPijC'TEB IN ACCORDANCE WITH THIS DETAIL SHEET, 3. CONTROL JOINTS SHAD. BE TOOLED OR CUT EVER` TEN (1 Q) FEET. 4, ALL A+NrAS I9THIND C RL ShIALL BE BAC0 LLE WITHIN 7 Hb6RS OF PLACEMENT.. TYPE ""W" i +B ETE J a LOIrD'E 3 kx" "Al "o J.... ... ...... ...... ..... .... .. ..... HIGH SIDE 74F C'POS' N M A 7 C'1, I T ; 1 14 11 �1. 041: F. ""F )NI PAV--MENIT AN'," �ICKNLSIS 0" PIF E. - 61 (3ASF- SK%L�, R GONV"';KJLt�t NOY tW-WLI f.f* AAfiH70 i-!F�l 1JO 100 Ah'I'k 'MAXW'J%J 0� C' `.i� 71"T 10 1�,io1' 1-u:," I T"f A: " I - I �- ''- S'r �%A:511TO T--'R, V1,',-AdWJ i lr' �10 ,"bo r. MAXIN4,1M f"I C' K UQURLD A' ply ",14,14JU ONE !"'If" UFT, A,"al I ri, ',;I F4 A 2 ALL N- S'A%L biL P0,J10 0 t [A h: SKEET [ "')F' CJ7 ",/.FFrf TFN 1 '10) AL, - V C"JR,"i 5 HAI I N,- I'AtV WMAN -,*2 t-�L'Qh'z C�T- PLACPALN]. TYPE IT" CURB & GUTTER of Tamarac (, Purchasing 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. ❑ 5. 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. ❑ 12. Include copy of State License and/or County Competency License. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. of Tamarac ;.� Purchasing and Contracts Division BID FORM BID NO.04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57TH STREET The City of Tamarac is hereby requesting Bids, from qualified vendors, for the Installation of Type "D" And Type "F" Curb On NW 57t" Street. 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. C47:7 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 that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. See Schedule of Bid Prices on the following pages. SCH-1 Bid Form & Schedule of Bid Prices of Tamarac �a $ Purchasing and Contracts Divisicn SCHEDULE OF BID PRICES BID NO. 04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET 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. In accordance with all terms, conditions, specifications and requirements, the Bidder offers pricing as indicated on the following page. .SCH-2 Bid Forin & Schedule of Bid Prices 9 of Tamarac -_ _ � •} � Purchasing and Contracts Division SCHEDULE OF BID PRICES BID NO. 04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET ITEM NO./DESCRIPTION QUANTITY IN LF UNIT COST EXTENDED COST 1. TYPE "D" CURBING 91000 $ 2. TYPE "F" CURBING 50 $ 3. CONTINGENCY* $10,000.00 TOTAL BID PRICE $ * The Contingency item Is to be added into your bid. However, it will be paid only to the extent of its usage. Any unused amount will belong to the City of Tamarac. COMPANY NAME: SCH-4 Bid Form & Schedule of Bid Prices of Tainarac I wa R: Purchasing and Contracts Division _.�._..._ ___..._,T. _ ._..... . BID FORM (continued) BID NO. 04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET 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 Bid Farm 8 Schedule of Bid Prices ___._..._..�.�_,_.._���.�..... Purchasing and Contracts Division of Tamarac (. ; .�_._._�..---.__._...__.._...._._...�_...._ V, W BID FORM (continued) BID NO.04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signature Typed/Printed Name Telephone Fax Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number SCH-5 Bid Form & Schedule of Bid Prices City of TrnGar'ac Purchasing and Contracts Division BID FORM (continued) BID NO.04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET 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 MUST be submitted, and two (2) additional copies of this bid form SHOULD be submitted, with your Bid. However, copies not included with original 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. SCH-6 Bid Form & Schedule of Bid Prices City of Tamarac Purchashig & Contracts .Division CERTIFICATION 19:1Ry9Z9I9111►VA1:11►f1i►VAIII-It r=14&111-1MIki949]TiTl19:29:1=11111-1Ia] 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 PARTNERSHIP11 CORPORATION[—] OTHERF—] If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number Name (Printed Or Typed) Federal Employer LD./Social Security No. Address Telephone Contact Person Page 7 of t Certification City of T, mhrac [a]=I:i11ij1:49j;T*-T•7If droll Purchasiog & C(,)nt acts 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 120 (SEAL) By: 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 Ceitified Resolution of Tamarac r' 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 881" Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Check One Corporation Partnership Individual E10ther 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: D Treasurer's name: g) Name and address of Resident Agent: Page 1 of 5 afferar's Qualification Statement City of Tamarac " Purchasing & Ccorrocts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has 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? FIYES F-1 NO 9. Do you have a complete set of documents, including drawings and addenda? FIYES [:J NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? 1:1 YES F-1 NO Page 2 of 5 Offeror's Qualification Statemel7t of Tamarac & 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 Offeror's Qualification Statement City of Tamarac a F Purchasing & 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. Attach a financial 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? 1-1 YES 1-1 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 Offer-or's Qualification Statement of Tamarac ( e ,• a 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. 1150f_ yaY11:1110 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 5 of 5 Offeror's Qualification Statement City of Tamarac NON -COLLUSIVE AFFIDAVIT State of )ss. County of ) Purchasing & Contracts Envision 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 State of Florida County of i ^o Purchasing & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT 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 City of Tamarac VENDOR DRUG -FREE WORKPLACE Purchasing & 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 polo 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 Page 9 of 1 Drug -Free Workplace City of Tamarac _ _ _ _ ;i �_..M Purchasing & Contracts Division ti-LC 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 i References City of Tamarac Pin —basing & Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid non -responsive and may cause its rejection. Subcontractor % Total Contractor Name/Address Contract License No. Work to Be Performed Page 1 of 1 List of Subcontractors City of TamaracPurchasing & Contracts Division 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: 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 Tamara _. ---- t y Purchasing & Contracts Division i ACKNOWLEDGEMENT BID BOND Signed and sealed this day of IN PRESENCE OF: (AFFIX SEAL) Secretary ATTEST: Secretary *Impress Corporate Seal Principal Business Address City/State/Zip Business Phone Surety* By Title Attorney- I n-Fact* By Page 2 of 2 ,20 Bid Bond Acknowledgement of Tamarac FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Payment Bond 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 hereafter referred to as the Contract; IIN:I4[Ke]ill 19]yIlC07►Eel a9:1Ry Ii7►IDimITIaIIEIiT�Kel2kI;Y_TOti]0 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 i A of Tamarac "`t Payment Bond T ------------- _ ...._ 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 , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Su rety 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 of Tamarac ACKNOWLEDGMENT FORM PAYMENT BOND State of County of Paymer;i Bond 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 (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of (Title) (State of Corporation) 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 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 Secretary of the Corporation (Name of Corporation) City of Tamarac FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, Performance Bond 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 of Tamarac; Performance Bond 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 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) day of , 20 Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Page 2 of 4 Type Name and Title signed above , Tamarac IN THE PRESENCE OF: State of Performance aonrr INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone E«:1:1+1TA4=1Ricikyj1-4►111 FORM PERFORMANCE BOND 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 (Name of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: of (Title) (State of Corporation) NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or F-1 Produced identification: (Type of Identification Produced) ❑ DID take an oath, or❑DID NOT take an oath Page 3 of 4 of Tamarac CERTIFICATE AS TO PRINCIPAL Performance Banc, 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 4 of 4 (Name of Corporation) A` City of Tafrtarac Pt�rcha5utg Contracts Division APPLICATION FOR PAYMENT Contract Title: Contract/Purchase Order No.: _ Contract Change Order Value: _ Cumulative No. Change Orders: 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 (fine 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 IR Date: Date: Page 1 of 1 Application for Payment City of Tamarac l ;,,;�; P mhasiog & ContractsDivision CHANGE ORDER DATE OF ISSUANCE: CHANGE ORDER NO. OWNER: PROJECT CITY OF TAMARAC NAME: 7525 NW 88"' 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 z 0 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 Nef (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 s; City of Tamarac; (; �" 3 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 I 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 Contractor President Signature Type Name Type Name Page 1 of 2 Final Release of Lien City of Tamarac ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward & 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 Release of Lien Acknowledgemel?t SUBMIT eau TO: I EXHIBIT "1" TR10546 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION�� 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement .,... .._,..�--... BID NO.: 04-28B BID TITLE: Installation of Type "D" and Type "F" Curb on NW 57`h Street BID OPENING DATE/TIME: August 25, 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 VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD 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, AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: r1 D 1 / A4_ r,-)i it t_: &w) , in c COMPANY ADDRESS: / Q .S • {/��(� tle relln6 COMPANY PHONE: 1 S 7 1 NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: rI' �� Sib AUTHORIZED AGENT E-MAIL ADDRESS: 5_� BIDDER TAXPAYER ID OR SOCIAL SECU SIGNATURE OFAUTHORIZED AGENT: 0 -' f17 57 4, 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. City of Tamarac Purchasing and Contracts Division 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 This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. EQUAL EMPLOYMENT OPPORTUNITY 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 Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's 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 Workers 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 City of Tamarac 1'I Purchasing and Contracts Division expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, 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 httQ://www,tamarac.orcVDep.VriLVpurcbLresults.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier. 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 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. Crtj of Tamarac PurChasinq ,417 Ccntrac.ts Division COMPANY NAME: (Please Print): C. _ Phone: l �`� .�% Fax: if % 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. ❑ 12. Include copy of State License and/or County Competency License. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. of Tamarac Fr;rrhasir.g and Contracts Division � x BID FORM BID NO.04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET The City of Tamarac is hereby requesting Bids, from qualified vendors, for the Installation of Type "D" And Type "F" Curb On NW 571h Street. 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: A State Certified General Contractor with at least five (5) years of verifiable full-time successful experience installing curb, gutter and sidewalks. [6I0 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 that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings. See Schedule of Bid Prices on the following pages. SCH-1 8;'d Form & Scnedale of Bice Prices of Tamarac Purchasirg and Contracts Division SCHEDULE OF BID PRICES BID NO. 04-28B INSTALLATION OF TYPE "D" AND TYPE $$F" CURB ON NW 57T" STREET 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. In accordance with all terms, conditions, specifications and requirements, the Bidder offers pricing as indicated on the following page. SCH-2 Bid Form & Schedule of Bid Prices City of Tarrar ar Pvc"asirq arc; Conwacts Division SCHEDULE OF BID PRICES =L3L1iC���L�=3 INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET ITEM NO./DESCRIPTION QUANTITY UNIT 1__LIN LF COST EXTENDED COST I. TYPE "D" CURBING 91000 �� $ 14-, c ` 2. TYPE "F" CURBING 50 $` ) 13. CONTINGENCY* $10,000.00 TOTAL BID PRICE $ ;'` * The Contingency item is to be added into your bid. However, It will be paid only to the extent of its usage. Any unused amount will belong to the City of Tamarac. COMPANY Nam! AME. SCH-4 Bid Form & Schedule of sick Prices City of Tamarac; 'ti PurctTasirg and Contracts Division BID FORM (continued) BID NO. 04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET Submitted by: c( �'�J Sys 0 WL THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 DateU 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 Bid Form & Schedule of Bid Prices of %amarac aurchasirg and CctV,.;?c.s Division BID FORM (continued) BID NO.04-28B INSTALLATION OF TYPE "D" AND TYPE "F" CURB ON NW 57T" STREET 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 rejec '� .. "ill be at the expense of the bidder. Authorized Signature F Lad SMC Ii UL Typed/Printed Name( J Telephone Fax FL3i0 UlsDA - N 4 Email address for above signer (if any) - A 0(— �t Company Name Ago S. -- ?0VJ e Vku Address AAA fth City, tate, ZIP Federal Tax ID Number "�-�-- Contractor's License Number SCH-5 Bid Form & Schedule of Bid Prices City of Tamarac, Purchasing and Contracts Divisicr BID FORM (continued) BID NO.04-28B INSTALLATION OF TYPE "D" AND TYPE"Fly CURB ON NW 57T" STREET Bidders Name: 00V TERMS: Q % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: ,.1�01 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 MUST be submitted, and two (2) additional copies of this bid form SHOULD be submitted, with your Bid. However, copies not included with original 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. SCH-6 Bid Form & Schedule of Bic! Prices of Tamarac Purchasing, Contracts LXW31017 CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP ❑ CORPORATION OTHER no !�Xuthorized Signature Title AC Company Name V Q 30 C ity/State/Zip Fax Number F (�a S SkAo!LL Name (Printed Or Typed) .5-17-2,S0 5 35 Federal Employer I.D./Social Security No. is � U S - POW e r" l IVL t', Address Telephone �EL�A S S Mt kid Contact Person Page 7 of f celtrication of ramarac T PLIX17a ing & Contracts Cis:ision CERTIFIED RESOLUTION I . C GlD1,t (Name), the duly elected Secretary of �' (Name f Corp.), a corporation organized and existing under the laws of the State of C: �� , 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 R SQ VF T AT LIGI (Name)", the TId �y(� I cte t . Ilk-1 ( (Title of Officer) of U)1_0- �L(Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or 8id 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 V�1 IC3NATLkRE V iven under my hand and the Seal of the said corporation this day of , 20 (SEAL) , By: ' f Secretary Cor rate Title NOTE: The above is a suggested form of a type of Corporate Resolution desired. Such form need not be followed explicitly, but the prtified 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 Cediffed Resolution of Tamarac ' `: , i"• Purchas117g & Contrart, L)ivisInn 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. f�lovlja P�aC�.-Iv�ime Check One NCorporation Partnership Elindividual EjOther 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: ODY1 (la IacOa IVAC The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: �r� b) State of Incorporation: aVk (k'' c) President's name: `� fit, •S �)k�A d) Vice President's name: V�l �- �Vu vv(%) e) Secretary's name: kk of f) Treasurer's name: 0, g) Name and address of Resident Agent:�� Page 1 of 5 Offerors Qualification Statelvent ry�i.• 9 Iti tqn.�' Z City of Tarnarar, , '' "•i Pumhasing a Cantr'3Ctu Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has 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 registrationyy, 8. Have you o� Wally inspected the site of the proposed work? YES 1:1 NO 9. Do you have a complete set of documents, including drawings and addenda? YES ❑ NO 10. Did you attend the Pr posal Conference if any such conference was held? ❑ YES NO Page 2 of 5 Offeror's Qualification Statement City of Tarnanc 1 Purrhasirrg u� car;trar,;; Divisicr� .i 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 nam of the individual who will have personal supervision of the work: 15. State the narpe and a, 0,ti Ckd li.. of attorney, if any, for the business of the Offeror: D t�iYt LU � �- 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: WC lei V 1 a O - 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 Offerors Qualification stalernent of Tamarac PL1Mhasi1g & Cv17tractS Division 18. State the name of Surety Company which will be providing the bond, and name and adJ 4ress of agent: L& 19. Bank References. Ct q n�J 7 M,4za�) Bank Address Tele hone 20. Attach a financial 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? EIYES EJN0 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Paige 4 of Offerors Qualification Statement of Tamarac. Contracts DlVlSiol7 r 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 contrac h II cause the owner to reject the proposal, and if after the award, to cancel and t min;e the award an' /or c act. re ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT � ,w j State of j' (" aol (t County of62!2-WS V On this the ,27� day of ,li O 1h , 20 , before me, the undersigned Notary Public of the tate of Florida, personally appeared � <il i -i (Name(s) of individual(s) who before notary) and whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. i / r WITNESS my hand and official seal. NOTARY PUBLIC NOTARY PUBLIC, STATE OF F RIDA SEAL OF OFFICE: MJCHrSU NUNZIATA E07 EXFIRrS panruary 20. P= r r 'uClicUrdirWrhere •,�� �dv pa,d,itl .hnr Noce Y (Name of Notary Public: Print, Stamp, or Type as Commissioned) `6 Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Pare 5 of Offerors Qualification Statement of Tarnarar. Puirhasiac & Cc)ntracrs Division, NON -COLLUSIVE AFFIDAVIT State of tL Lk- )ss. County of LDAr k-_1 %f 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 arq fair and proper and are not tainted by any collusion, conspiracy, connivance,,.o unlawful agreement o the part of the Offeror or any other of its agents, rep es ntatives, wners7eptbyees or parties in interest, including this affiant. r Signed, sealed and d, livered in the presence of: ,a By✓ Wi s Witness ' PrirAed Name Title Pare 1 of 2 Non -Collusive Affidavit C&I of Tamarac Purchasing & Conrracts Civisjor, WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: MICHELLE NUNZIATA MY OMMISSION 4 CD 186223 j - EXPIRES- February 20, 2007 bmdod 7h,u Notary P011O Uhdu,wdters MEN ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Flori a County of \,; T( ' J On this the'2�day of 4l , 20�a, before me, the undersigned Notary Public of the State of Florida, perso Ilyappea / U/s Skllo A v and (Name(s) of individual(s) who appeared efore notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. NOTARY PUBLICSTATE OF FLORIDA' , (Name of Notary Public: Print, Stamp, or Type as Commissioned) ry Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Prige 2 of 2 Non -Collusive Affidavit ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Flori a County of \,; T( ' J On this the'2�day of 4l , 20�a, before me, the undersigned Notary Public of the State of Florida, perso Ilyappea / U/s Skllo A v and (Name(s) of individual(s) who appeared efore notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. NOTARY PUBLICSTATE OF FLORIDA' , (Name of Notary Public: Print, Stamp, or Type as Commissioned) ry Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Prige 2 of 2 Non -Collusive Affidavit City of Tatnarar, � �� r rcr,w i�� inry � Cor?fracts Diviz;P.)n VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining 'a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Vceqify ke a good faith ,effort to continue to maintain adrug-free workplace through plern nta ' this section. As the person authorized to sign the statement, I that this for complies fully with the above requirements. Authorized Signature--, ' Company Name Page 1 of 1 Drug -Free Workplace of Tamarac Purchasing & Contracts Divisrcn 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 Na Address City State Zip Phone/Fax Contact Name Agency/Firm Na Address City State Zip Phone/Fax Contact Name Agency/Firm Nai Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 1 of 1 Refemces City of Tamarac Purchasing & Crntracts Dhri.31ct7 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 Co`nC\(tract License No. Work to Be Performed r �.� i L��^ \ �y7 ti1r �i 'l�.i/ I`� �' \.' Le 4 t Page 1 of 1 List of Subcor. trictors City of Tamarac PLrrChaifu $ Coritnicts Division 1 BID BOND STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, FLORIDA BLACKTOP, INC. as Principal, and Hartford Casualty Insurance Com an 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: ---W-Five Percent of Amount Bid— Dollars $ 5% lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated August 25^ - 1 20 04 for: INSTALLATION OF TYPE nDn AND'TYPE "F" CURB ON NW 57th STREET Bid No. 04-28B 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. IPErge 1 o/ 2 B;(Jgand CiFj of romersc Pumhasing & Cantracts Divlslon �' ,' ACKNOWLEDGEMENT BID BOND Signed and sealed this 25th day of August , 20 04 J I IN, P ESEN �`• -� Florida Blacktop, Inca. Principal e' (AFFIX SEAL) ATTEST: As per attached Power of Attorney Secretary ATTEST: Secretary *Impress Corporate Seal 1280 South Powerline Road, #29 Business Address Pompano Beach, Florida 33069 City/State/Zip (954) 979-5757 Business Phone Hartford Casualty Insurance Company Surety' By Charles D. Nielson, Attorney -in -Fact. -and Florida Resident Agent Title Attorney -In -Fact" By Page 2 ot2 Bid Bond Acknowledgement Obligee'slinsured's Name The City of Tamarac Florida BFac op, Inc. Obligee's/Insured's Mailing Address 7525 Xortfiwest 88`h A -Venue Tamarac, Floridz 33321 1280 South Tb wer1z'ne !Rga4 #29 Tompana Beach, Florida 33069 Bond/Policy Number IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program mach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorismpremium: $0 Form B-3333.0 © 2002, The Hartford Page 1 of 1 THE POWER OF ATTORNEY 690 ASYLUM BOND,T-4 D AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax 860-757.5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229762 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. IV ^,08 ;ys 4N,►1w �yr+rartrcr�� • �gINA► t0T9 3 'to 79 T upon h.w�' Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) David T. Akers, Assistant Vice President On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. 16,i�x a Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 25, 2004. Signed and sealed at the City of Hartford. Cry�1*07 9)7979 ~ f. .i ..._.............. Gary W. Stumper, Assistant Vice President POA 2004 NN b 0 Q LOAIOA BLACKTOP INC. 1280 S. Powerline Road Suite 29 Pompano Beach, Florida 33069 (954) 979-5757 REFERENCES Broward County 1 North University Drive, B-321 Plantation, Florida 33324 Attn: Richard Dixon 954 577 4614 City of Hollywood 2600 Hollywood Blvd. Hollywood, Florida 33022-9045 Attn: Victor Creary 954 921 3254 Florida Department of Transportation 5548 NW 9th Avenue Ft. Lauderdale, FL 33309 Attn: Greg Kofsky 954 958 7632 City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 Attn: Art Resnik 561-344-1101 City of Lauderhill 2000 City Hall Drive Lauderhill, Florida 33313 Attn: Brian Shields 954 730 2960 City of Boca Raton 201 W. Palmetto Park Road Boca Raton, FL 33432 Attn: Mike Fischera 561 416 3413 JOB LOCATION NW 44'h Street From Inverrary Blvd. West to Rock Island Road. Project No. 5107 Purchase Order No. CS OEN00001005 $2,541,335.92 Traffic Improvement 24'h Ave. Between Greene St. & Charleston St. City File No. DDA-01-038 Account No. 34.1480,803.541.006301 $75,036.75 McNab Road Project McNab Road from FEC Railroad to SR 5 Project No. 230696-1-52-01 $454,586.45 NW 110'h Ave. Traffic Calming Project Bid No. 01-B-202F $54,000.00 Inverrary Blvd. Drainage & Roadway Improv. Project No. 2002-18 $1,468,190.42 Camino Gardens Traffic Calming Project Bid No. 2000-112 $470,882.12 rmA �7u7Jt9a-8]9j T.R. Jones & Company 1780 North Krome Avenue Homestead, FL 33030 Donna Trout INSURED Florida B acktop, Lnc. 1280 S. Powerline Road Suite 29 Pompano Beach, FL 33069 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICI.E$ BELOW, INSURERS AFFORDING COVERAGE NAIL # INSURER& Brill efield Employers ins Co INSURER S: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE F ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHN MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEI POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JECT LOC AUTOMOBILE LIABILITY —7 I ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO EXCESS/UMSRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND 830-29142 EMPLOYERS• LIABILITY A ANY PROPRIFTORPARTNER/FXECUTIVE OFFICER/MEMBER EXCLUDED? If yap, describe under SPECIAL PROVISIONS below OTHER 05/01/2005 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 ACORD 25 (2001108) OLICY PERIOD INDICATED. NOTWITHSTANDINr :H THIS CERTIFICATE MAY BE ISSUED OR ;MS, EXCLUSIONS AND CONDITIONS OF SUCH 1 LIMITS EACH OCCURRENCE $ DAMAGE TO RENTED $ MED EXP (Any ono person) S PERSONAL d ADV INJURY $ GENERAL AGGREGATE g PRODUCTS . COMP/OP AGG S COM9INEDSINGLELIMIT S (Ea eccldern) S E S PROPERTY DAMAGE (Per acciderd) S AUTO ONLY -EA ACCIDENT IS OTHER THAN EA ACC S AUTO ONLY: AGG S EACH OCCURRENCE S AGGREGATE S S 8 S E.L. EACH ACCIDENT I S son.00 E.L. DISEASE -EA EMPLOYE $ 500,00 E.L. DISEASE • POLICY LIMIT S Soo , an SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,,,=y_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTNORIZEDREPRESENTATIVE ��� Alan Lund/LR ®ACORD CORPORATION 1988 A ORAw_ CERTIFICATE OF LIABILITY INSURANCE 05/12/2004' PRODUCER (561) 776-9001 FAX (561) 776-9605 Collinsworth, Alter, Lambert, Inc. 600 Sandtree Drive Suite 101 Palm Beach Gardens, FL 33403, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Florida B acktop, Inc RE, f'• -- •. _ 1280 S. Powerline Rd. Y;Aly Suite #29 Pompano Beach, FL 34997 I[JSURER A: 'Clarendon America Ins Co. NS R ^X.- Ohio Casualty Ins Co. INSURER C: St. Paul Fire & Marine Ins. Co. INSURER0: INSURER E: r1n%1C0An=Q vTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' INSA9 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTD LIMITS GENERAL LIABILITY HML0004834 05/01/2004 05/01/2005 EACH OCCURRENCE $ 1,000,00( DAMAGE Tp RENTED g 50 000 X COMMERCIAL GENERAL LIA81LITY CLAIMS MADE a OCCUR MED EXP (Any one person) $ Exclude PERSONAL & ADV INJURY $ 1 e QQQ 1 QQ A U & Contractual oad Frm Prop Dam r.WN'l GENERAL AGGREGATE $ 2,000,00( GREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 21000,000 POLICY M JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Par accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLALIABILITY EX00553201636 05/01/2004 05/01/2005 EACH OCCURRENCE $ 5,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 51000,000 $ B $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TH- WCRYC ST'M OFS EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L_ EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICEFVMEMBER EXCLUDED? It yes, dascdba under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OT ER IM05800060 05/01/2004 05/01/2005 Scheduled Equip. $347,147 C Inland Marine Rented/Leased$125,000 per item $300,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT / SPECIAL PROVISIONS Tamarac, City of 5811 NW 88th Avenue Tamarac, FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE JO.``MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AP Y KING PON THE INSURE!} S AGENTS ORAEPgEIENTATIVES. 'HORI A DST R ENTATIVE I I I y 1// kCORD 25 (2001108) CACORD CORPORATION 1988 A �. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D2004) �os /1z/ooa PRODUCER (954) 345-0601 FAX (954) 345-0864 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allstate Insurance Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10420 West Atlantic Blvd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Coral Springs, FL 33071 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Florida Blacktop, Inc INSURER A: All State Commercial Auto 1280 S . Powe rl i ne 12d . INSURER B. Suite #29 INSURERC: Pompano Beach, FL 34997 INsuReRD: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R DD' TYPE OF INSURANCE POLIGY EFFECTIVE POLICY EXPIRATION POLICY NUMBER GENERAL LIABILITY LIMITS EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑OCCUR MED EXP (An one GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC AUTOMOBILE LIABILITY IANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS -- GARAGE LIABILITY f AUTO UMBRELLA LIABILITY UR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below OTHER 0486086331 05/01/20041 05/01/2005 ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Y person) $ ]PERSONAL & ADV INJURY $ ALAGGREGAT7 $ PRODUCTS - COMP/OPAGG $ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 1,000,0 :R IFI AT HOLDER N LL TI N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Tamarac, City of BUT FAILU 9-TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 5811 NW 88th Avenue OF ANY KID, UPON THE INS ER, ITS AGEN R EpRESENTATIVES. Tamarac, FL 33321-2401 AUTH RIZ RESE14 ATIVE' ORD 25 (2001/08) �/l1 ®ACORD CORPORATION 1988 ELIAS P. SHAOUY Elias is the President and one the co -owners of Florida Blacktop Inc. Elias received a bachelor's degree in business administration from Florida Atlantic University. After graduation Elias moved to Atlanta, Georgia and worked for Georgia Blacktop until 1984. He moved back to Florida in 1985 and started Florida Blacktop Inc. with his brother and sister. Elias holds a license in Engineering 3A Major Roads in Dade, Broward and Palm Beach Counties. Elias is responsible for generating sales and estimating, as well as general management of the company. GERALDINE SHA.OUY Geraldine is the Vice President and one of the co -owners of Florida Blacktop Inc.. She has a degree in Fine Arts and comprehensive background in office administration. Geraldine began Florida Blacktop Inc. with her two brothers in 1985. Geraldine is responsible for accounts receivable, collections, payroll, general bookkeeping, permitting and inspections. ROBERT P. SHAOUY Robert is the Secretary and one of the co -owners of Florida Blacktop Inc. Robert received a bachelor's degree in business administration from the University of Florida. Robert holds various certifications for major roadway construction with the D.O.T.. Robert started Florida Blacktop Inc. in 1985 with his brother and sister. He is responsible for production, scheduling and general supervision of all projects. F�aArc�,e� UL'4CKrolm NC. 1280 S. Powerline Pompano Beach, Florida 33oad 0 29 1954) 979-5757 3059 EQUIPMENTNEMICLE Gehl Skid Loader SL5635SXT C3308 Vibrot ­ °CY-,miler 5O Elite `a'100y Tack Dist. Dynapac Roller CA 1 S 1 D Dynapac Roller CC 121 Dynapac Roller CC 122 x 3 Dynapac Roller Cp 132 `a O Stone Vibrato ry Plate Corn, Gehl Skid Loader S IL Gehl Motor Grader ader TC 1.747 GMC water Truck JCS 214 Backhoe JCS 214 Backhoe John Deere Ka31pE Ba wasakf 65Z loader khoe Billy Goat Slower QB 110316 Blower QB110316 Cart Saw Diamond Slade Mikaso 16" plate Co m 16" Wacker Plate Coractor -' Reversibln pactor e Wacker BPU 3345A Street Saw Saw Saw S32 Broom EQUIPMENTNEHICLE Ford F-1S01,mft �orI Te & TH] Ford F-150(w/DT Ford F- , Te rH] 1 p` ,j Dr, re 8 THI Ford F-1Sot,/er, re & TH] Ford F-15o(W/ Te & TH] Ford F-750 Ford F. 150 Ford F 250 �.er --� 06 Pontiac Graff , Te�, nd Am W- Mack Dump Truck l e t 1 Tack Neal Trailer —~�-- 9-Ton Trl axle Paving Trailer lnte►itate Trailer (g� intestate TraY) iler (yellow) Florida Profit FLORIDA BLACKTOP, INC. PRINCIPAL ADDRESS 2295 CORPORATE BLVD. STE 211 BOCA RATON FL 33431 US Changed 01/07/2004 MAILING ADDRESS 1280 SOUTH POWERLINE ROAD SUITE 29 POMPANO BEACH FL 33069 US Changed 12/26/2003 Document Number FEI Number G78767 592363756 State Status FL ACTIVE Reeistered Aaent Date Filed 01/16/1984 Effective Date NONE Name & Address _ UTRECHT, STEVEN T P.A. 2295 CORPORATE BLVD. N.W., SUITE 211 BOCA RATON FL 33431 Name Changed: 12/26/2003 7771 Address Changed: 12/26/2003 Officer/Director Detail Name & Address SHAOUY, ROBERT P. 7316 SAN SABASTIAN BOCA RATON FL SHAOUY, ELIAS P. 6903 ENTRADA PLACE Title DTS DP BOCA RATON FL �^ SHAOUY. GERALDINE 22308 PINEAPPLE WALK DRIVE V BOCA RATON FL SHAOUY. WILLIAM P 2123 POWERS FERRY RD, APT D SM MARRIETTA GA 30067 Annual Reports Report Year Filed Date 2002 02/13/2002 2003 01/21/2003 2004 01/07/2004 11 01/07/2004 -- ANNUAL _REPORT 12/26/2003 -- Reg. Agent Change 01/21/2003 -- COR - ANN REP/UNIFORM BUS REP 07/22/2002 -- Reg. Agent_ Change 02/13/2002 - ANN REP/UNIFORM BUS REP 02/13/2001 -- ANN REPIUNIFORM BUS REP 03/02/2000 -- ANN REP/UNIFORM BUS REP 02/06/1999 -- ANNUAL REPORT 01/22/1998 -- ANNUAL -REPORT 03/25/1997 -- ANNUAL REPORT 03/29/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT ��... ............ .... . _ _.... CONTENTS Page INDEPENDENT AUDITORS REPORT 1 FINANCIAL* STATEMENTS Balance Sheets 2-3 Statements of Income and Comprehensive Income 4 Statements of changes in Retained Earnings 5 Statements of Cash Flows 6-7 Notes to Financial Statements 8 - 13 SUPPLEMENTARY INFORMATION Independent Auditors' Report On Additional Information 14 Schedules of Cost of Revenues 15 Schedules of General and Administrative Expenses 16 Schedule of Accounts Receivable Aging at December 31, 2003 17 Schedule of Accounts Receivable Aging at December 31, 2002 18 Schedule of Contracts Completed for the Year Ended December 31, 2003 19 Schedule of Contracts in Process for the Year Ended December 31, 2003 20 Schedule of Contracts Completed for the Year Ended December 31, 2002 21 Schedule of Contracts in Process for the Year Ended December 31, 2002 22 n =RoD'Fq1Ctu'Ez KINZE3RUNNErz CONIGLI-0 & WATSON Miqur•1 I. Fp(lr,9vr?Z, CPA ManogIng Director, Director of financial Services r):rvirl Kin:l7ri,nnnl', CPA Dirrrtor of Tax and Accounting Services /_g111 1(111zb Pll ll�l P.. r, CPA Dirertar of Estore and family Planning Inlin A- t_anlqun, CPA Dimclor of Small Hwineu Services MirNICI R. Watson, Cr'A Director of Aadil .cervices INDEPENDENT AUDITOR'S REPORT Board of Directors and Stockholders Florida Blacktop, Inc. Fort Lauderdale, Florida We have audited the accompanying balance sheets of Florida Blacktop, Inc. (a Subchapter S corporation) as of December 31, 2003 and 2002 and the related statements of income and comprehensive income, changes in retained eamings and cash flows for the years then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements bas^d on our audits. We conduC.ted our audits in accordance with generally accepted U.S. auditing standards, Those standards require thatwe plan and perform the audits to obtain reasonable assu; ance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits of the financial statements provide a reasonable basis for our opinion. In our opinion the financial statements referred to above present fairly, in all material respects, the financial position of Florida Blacktop, Inc, as of December 31, 2003 and 2002, and results of operations and cash flows for the years then ended, in conformity with U.S. generally accepted accounting principles, Rodr' - b 1' Davie, Flo ' a April 6, 2004 A 4801 S. universliv Drive, • sulte 30no . Davin. FinrNa A1:17k . Phnna- 9's4 ARn-Al1A F,k. 04A-ARn-41'A5 ��, , FLORIDA BLACKTOP, INC. Balance Sheets December 31, 2003 and 2002 ASSETS CURRENT ASSETS Cash Contract receivables- less allowance for doubtful accounts of $50,000 and $60,000, respectively Costs and estimated earnings in excess of billings on contracts in process Prepaid expenses and other current assets Advances to shareholders TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT Property and equipment - at cost, net of accumulated depreciation OTHER ASSETS Other Investment Deposits TOTAL OTHER ASSETS TOTAL ASSETS 2003 2002 $ 878,365 $ 97,982 1,050, 525 1,104, 066 288,635 501,469 28,679 25,419 23,993 57,716 2,270,197 1,786,652 255 861 260,498 ._ 45,000 45,000 2,000 1,828 47,000 46,828 $ 2,573,058 $ 2,093,978 See Accompanying Notes to Financial Statements 2 FLORIDA BLACKTOP, INC. Balance Sheets December 31. 2003 and_2002 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Accounts payable Customer advance deposits Accrued expenses Accrued profit sharing Billings in excess of costs and estimated earnings an contracts in process Notes payable - current maturities Reserve for loss on uncompleted contracts TOTAL CURRENT LIABILITIES LONG-TERM LIABILITIES Notes payable - less current maturities TOTAL LIABILITIES STOCKHOLDERS' EQUITY Common stock - $1 par value; 500 shares Authorized, issued and outstanding Additional paid -in capital Retained earnings Unrealized gain (loss) on investments TOTAL STOCKHOLDERS' EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY 2003 2002 $ 956,361 $ 594,402 40,326 41,986 21,815 23,163 108,025 46,347 194,449 69,803 11,392 1.402,171 141,472 47,486 894,856 124,298 9G,5A2 1,526,4.69 99?,358 54Q 56,279 991,914 2,104 .'500 56.279 1,047,045 -. (2.104) 1.102,620 $ 2 573,058 $ 2,093,978 8 See Accompanying Notes to Financial Statements 3 FLORIDA BLACKTOP, INC. Statements of Income and Comprehensive Income Fort a Years Ended December 9 2003 and 2002 2003 REVENUES EARNED COST OF REVENUES GROSS PROFIT GENERAL AND ADMINISTRATIVE EXPENSES OPERATING INCOME. (LOSS) OTHER INCOME Interest and dividends Gain (loss) on safes of assets Other income NET INCOME (LOSS) Other comprehensive income Change in unrealized gain (loss) on marketable securities Comprehensive income (Loss) 2002 $ 4,766,344 $ 3,709,712 3,127,239 2,458,890 1,639,105 1,250, 822 1,439,105 11356,_149� 200,000 (105,327) 2,957 1-3, 359 - 2,055 11,002 4,423 213,969 (85,490) (4) $ 213 969 $ ($5,4941 See Accompanying Notes to Financial Statements 4 5 FLORIDA BLACKTOP, INC, NOTES TO FINANCIAL STATEMENTS For the Years Ended December 31, 2003 and 2002 NOTE 7 - CONTINGENCIES Operating Leases On December 12, 1997, the Company executed a lease for it's office facilities. The lease term was for the period from January 1, 1998 through December 31, 1998 and required monthly rental payments of $1,304.16 plus sales tax in 1998. The lease is renewable for three additional one-year terms with annual increases in rent of 7%. The Company is continuing to utilize these facilities. During 2002 the monthly lease payments were $1,813.60 per month. During 2003 the monthly rental was $1,870.02. The Company also leases a supply yard located in Pompano Beach, Florida. This lease was executed on July 2, 1997 with'a six-month term, with options to renew on a monthly basis. The Company is continuing to utilize the supply yard. Monthly rental on the supply yard is $400. In addition to the above described leases, the company occasionally rents temporary jab related field offices or storage yards. These leases are all short term. During 2003 and 2002 rents totaling $7,501 and $5,029 respectively were paid for field offices and job site storage yards. Cash Balances The Company maintains essentially all of its cash balances in one financial institution. The balances are insured by the Federal Deposit Insurance Corporation up to $100,000. At December 31, 2003 and 2002, the Company's uninsured cash balances totaled $781,916 and $0, respectively. Management believes the Company's exposure to loss from uninsured cash balances is substantially reduced because excess cash balances are invested overnight in a sweep account which is fully collateralized by U.S. Government Securities. NOTE 8 — BACKLOG The following schedule summarizes changes in backlog on contracts during the years ended December 31, 2003 and 2002. Backlog represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts in progress at year- end and from contractual agreements on which work has not yet begun. Backlog balance at January 1 2003 $ 3,016,549 2002 $1,710,273 New contracts during the year 2,088,523 4,925,799 Contract adjustments - net 205,190 90,189 Less: Contract revenue earned during the year L4,756,344) (3709.712) Backlog balance at December 31 11j $ 3 01§,_542 12 FLORIDA BLACKTOP, INC. NOTES TO FINANCIAL STATEMENTS For the Years Ended December 31 2003 and 2002 NOTE 9 -- PROFIT SHARING PLAN During 1999 the Company established a qualified 401-K profit sharing plan. Under the plan, eligible full time employees can elect to defer up to 20% of their compensation into the plan. The Company matches up to 7% of eligible compensation. In addition, the Company can elect each year to contribute an additional amount to the profit sharing plan. For 2003, the Company has accrued a total contribution of $108,025, For the 2002 year, the company has previously accrued a total contribution of $46,347. NOTE 10 - CLAIMS At December 31, 2003 and. 2002 the Company was in the process pf pursuing claims related to work performed under several contracts, As a result of a trial in early 2004, the company was awarded approximately, $1,600,000 on one of the claims. A portion of any awards received may be onset by additional payables to subcontractors related to work performed on the jQb. The accompanying financial statements reflect a total of $396,687 of receivables and underbillings on this job which reflects the estimate of underbillings and billed receivables at the time work on the job was suspended. The defendant has begun appellate proceedings. The likelihood of a favorable outcome on appeal cannot presently be determined. Accordingly, no additional receivables related to this claim have been recorded. The other claims are related to three contracts with one municipality. In a recent mediation meeting the municipality informally offered to settle all three of these claims for a total of $200,000. The total amount of these claims is approximately $1,000,000. Management is currently undecided on pursuing these claims through the courts or agreeing to a settlement. The net amount of accounts receivables and underbillings on these three jobs has been adjusted to the $200,000 offered by the municipality. 13 A. Rw -iGtjrn-z K(N7-DRUNNER CONIGUOWATSON A PA n TN rp Sri I OF P A 0 f I S S 1 0 NA4 As % I A T I0N•1 Miguel I. Rodriguez, CPA Managing Direcrar, Director of Financial Services U.ivid Kinabrunner. CPA nirlletnr of Tax and Accounting Services Zen:i Kirizbrunncr, CPA Director of Wait and family Planning 11.0n A. Conigilo, CPA Director of Small Business. Services Michiel R. Watson, CPA 01rertor of audit Services INDEPENDENT AUDITOR'S REPORT ON ADDITIONAL INFORMATION Board of Directors and Stockholders Florida Blacktop, Inc. Fort Lauderdale, Florida Our report on our audit of the basic financial statements of Florida Blacktop, Inc. for the years ended December 31, 2003 and 2002 appears on page 1. That audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying supplementary Schedules 1 through VI11 are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the,basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken a ole. Rodriguez, Kinzbrunner, Coniglio & Watson Davie, Florida April G, 2004 XA 4801 S. University Drive 5ltitP;non A mk%Ao- Flnrir4.'3127n . t)k..,., OCA tOn 'rIT A r_... nr. rnw ..- FLORIDA BLACKTOP, INC. Schedules of Cost of Reve_nues For the_Years Ended December 31,_2003 and 2002 2003 Direct labor $ 222,055 Materials 375,455 Supervision 199,105 Subcontract costs 1,898,290 Equipment rentals 89,126 Equipment repairs 71,142 Supplies 21,287 Fuel 41,790 Payroll taxes 16,830 Workmans compensation insurance 21,251 Depreciation 106,283 Plans and- permits 23,023 Performance bonds 24,289 Other construction costs 5,921 Provision for loss on open jobs 11,392 TOTAL COST OF REVENUES See Accountants' Report 15 2002 186536 695:498 207,110 997,990 41,395 66,736 25,908 42,015 14,622 31,203 108,846 15,881 20,246 4,904 $ 3127,239 $ 2,458,890 FLORIDA BLACKTOP, INC. Schedules of GeneLal and Administrative Expenses For the Years Ended December 31. 2003 nd 2002 Profit sharing contribution and expenses Payroll and benefits Payroll taxes Accounting and legal Auto and truck expense Advertising Funk Charges Depreciation - overhead Dues and subscriptions Education and Training Entertainment and Promotion Interest Insurance Licenses and other taxes Office expense Postage Rent expense Repairs and maintenance Telephone Travel expenses Uniforms Utilities Bad debts (recoveries) Other miscellaneous expense TOTAL. GENERAL AND ADMINISTRATIVE EXPENSES. See Accountants' Report 16 2003 $ 114,462 570,452 49,883 221,769 10,949 15,136 999 8,084 9,269 3,414 52,951 10,103 169,171 11,762 31,698 2,066 34,572 16,419 42,085 8,195 6,461 3,802 23,013 22,390 H 2002 50,072 621,741 45,452 158,725 32,714 33,114 382 5,713 6,951 280 50,540 11,806 128,589 14,468 30,750 2,441 31,593 14,459 43,280 6,287 5,947 4,055 49,953 6,837 $ 1,439,105 $ 1,356,149 FLORIDA BLACKTOP, INC. Schedule of Accounts Receivable A in December_ 31,_ 2003 Days Outstanding Customer Name Total Current Over 30 Over 60 OverSO Retainage All Moving Storage $ 2,100 $ 2,100 Belswinger, Hoch &Assoc. 1,850 $ 1,650 Capp Construction 12,355 12,355 CBS Electronics 3,330 3,330 CDL Earthmoving 642 642 City of Boca Raton 940 940 City of Delray Beach 48,550 48,550 City of Fort Lauderdale 32,999 30,601 $ 2,398 City of Hollywood 19,715 17,743 1,972 City of Lauderhill 244,121 65,879 $ 78,426 99,816 DiPompeo Construction 35,638 35,838 Florida Dept_ of Trans. 30,137 30,137 Guarantee Floridian 3,313 3,313 Impact Construction Co. 10,458 $ 10,456 J. Raymond Construction 6.757 6,757 James Connaughton 612 612 JWR Construction 60,078 54,070 6,008 Malts Auto Service 10,456 10,456 MDS Builders 27,785 23,992 3,793 North South Construction 83,689 62,089 1,500 Pioneer Contracting, Inc. 2.000 2,000 Pointe Site Development 7,337 7,337 Pool 8 Kent 14,912 14,912 Ranger Construction 9,293 8,043 1,250 Schachne Architects 1,484 1,484 Seminole Engineering Contr, 33,574 150 6,044 1,613 25,767 Signal Technology 11352 1,352 Sportexe Florida Office 3,100 3,100 The Caribe, Inc. 500 1$8 312 Town of Palm Beach 369,314 369,314 Weston Hills Country Club 19,781 19,781 Wynn Builders 11,893 11,893 Totals 1,089,763 348,117 112.294 19,718 599.256 10,378 Plus:Unb►lled receivables 20,762 20,752 $ 1,110,525 $$ 362,,879$_ 112,294 $ 19,718 $ 59�9,256 $ 10,378 See Accountants' Report 17 FLORIDA BLACKTOP, INC. Schedule of Accounts Receivable Agin December 31 200 Days Outstanding r Customer Name Total Current Over 30 OverSO Over 90� Retainage All moving & Storage $ 20,136 $ 20,136 Atlantic Plaza Realty 8,578 $ 1,041 $ 7,537 Cap Construction 39,355 29,390 9,965 Carol Kom Interiors 850 850 Catalfumo Construction 25,806 8,554 $ 17,252 - CBS Electronics 1,950 $ 1,950 Centex -Rooney 1,312 1,312 Central Florida Equipment 18,688 18,688 _ City of Boca Raton 32,754 27,732 5,022 City of Delray 212,744 70,579 142,165 City of Fort Lauderdale 43,377 43,377 City of Lauderhill 71,855 71,855 Community Asphalt 16,420 16,420 Edwin Kaimus 1,000 1,000 First Choice General 12,736 12,736 Grubb & Ellis 5,563 5,563 Guarantee Floridian 3,313 2,993 320 Gulfstream Construction 1,897 1,897 James Connaughton 5$ 55 Investments Ltd. 10,274 10,274 Mike James 500 500 Padula & Wadsworth 2,211 2,211 Paul Davis Corp. 2,000 2,000 Palm Beach County 20,000 20,000 Pioneer Contracting 5,870 5,870 Pointe Site Development 10,151 10,151 Poole & Kent 2,496 571 1,925 _ Richard Raab 1;050 1,050 Schachne Architects 1,484 1,484 Seminole Engineering 138,766 2,051 91,096 45,269 350 Shaw Ager 16,203 16,203 Signal Technology 11956 1,956 Siteworks of Florida 12,443 12,443 Stimpson Company 4,416 4,416 The Ram Realty Group 1,500 1,500 Town of Palm Beach 369,314 263,403 105,911 Tudor Woods 7,015 7,015 Turner Construction 4,510 4,510 Doug Powers 4,000 4,000 1,134,5.48 236,292 111,734 113,239 386,030 287,253 Plus: Unbilled receivables 29,518 29,518 Totals $ 1,164,066 $ 265,810 $ 111 734 $ 113,239 $ 386,030 $ 287,253 See Accountants' Report 18 FLORIDA BLACKTOP, INC. Sche u e of Contract In Proms Year Ended December 39. 2003 Total Contract From ince tion To Estimated Gross Gross Revenues Cost of Profit Constructlon PEOject Revenues Profit Earned Revenues (Loss) Pinaepple Grove $ 2,207,142 $ 264,601 $ 2,207,142 $ 1,942,541 $ 264,601 City of Delray - SE/SW 1.298,173 99,806 1,298,173 1,198,367 99,806 Town of Palm Beach - D12 .1,120,586 78,355 1,120,586 1,042,231 78,355 City of Delray - NW 1,084,090 (191,618) 1,064,090 1,255,708 (191,618) Inverrary Boulevard 2.403,926 1,047,634 2,286,565 1.290,077 996,488 City of Fart Lauderdale Speed Humps 102,095 28,379 51,539 37,213 14,326 Town of Lauderdale By The Sea 41,075 28,150 34,523 23,668 10,855 Wynn Builders - Costco 122,484 33,289 91,151 66,378 24,773. Club Fort Lauderdale 92,074 23,484 81,461 60,684 20,777 Walgreens 88,800• 22,258 49,591 37,161 12,430 City of Fort Lauderdale - Riverland Road. 82,218 24,635 80,844 56,621 .24,223 Bank of America 96,058 24,014 35,047 26,28E 8,761 City of Hollywood Speed Humps 921145 18,429 27,351 21,881 5,470 Palm Aire. 65,460 (17,521) 22,900 29,029 Other small uncompleted contracts (3) 30,429 4,903 2,005 1,533 472 Total $ 8,906,755 $ 1,488,808 $ 8,452,968 _$ 7,089,378 $ 1,363,590 Completed Contracts COMPANY TOTALS See Accountants' Report 20 FLORIDA BLACKTOP, INC. Schedule of Contracts Comcileted Year Ended December 31, 2002 Contract Totals Gross Revenues Cost of Profit Construction Pro ect Earned Revenues (Loss)- � ) City of Boca - Camino Gardens $ 451,266 $ 268,575 $ 182,691 Broward County - 44th Street 2,790,047 2,473,798 316,249 City of Ft. Lauderdale - Annual SB 117,719 86,420 31,299 City of Ft. Lauderdale - Riverland 87,539 52,346 35,193 Eddie Waters 45,765 21,568 24,197 J- Conn - Coca Palms 62,000 44,119 7,881 Poole & Kent- Hollywood Waste 20,455 14,723 5,732 First Choice - Hess 92,163 87,015 5,148 R.G. Harrington - Southtrust 30,500 19,590 10,910 Metro - Western Comm. 24,340 8,494 15,846 Catalfumo - Airport 203.375 133,262 70,113 Pointe Site - Cypress Bay 26,016 27,576 (1,666) Turner- C. S. Medical Center 390,793 268,002 122,791 Florida 0,07. - E4038 73,372 38,108 35,264 RIT - Kingston Building 28,700 23,122 5,578 Villa Sonrisa H.O.A. 28,394 21,012 7,382 Steedo Auto 22,838 11,027 11,811 All Moving &Storage 20,136 10,468 g,g6$ CAP -Sleep inn Gulfstream -Ocean Gr. 64,391 41,398 22,993 City of Boca -Hidden Valley 20,298 21,744 15,759 18,094 4,539 Pavarini - Royal Palm 20,470 15,634 3.650 4,836 Gilbert Southern 87,328 52,939 34,389 Other small jobs Totals $ 4,719,643 $ 3,753,049 $ 966,594 See Accountants' Report 21 FLORIDA BLACKTOP, INC, Schitaule of Ca tra is In Pr cess Year Ended Dacember 31 L 2002 Total, Contract From Inception To Estimated Gross Gross Revenues Cost of Profit _ Construction Prdect Revenues Profit Earned Revenues (Loss) Pineepple Grove $ 2,348,520 $ 344,353 $ 2,288,873 $ 1,936,758 $ 332,915 City of Delray- SE/SW 1,417,035 222,832 1,394,575 1,175,565 219,010 Town of Balm Beach - D12 1,093,213 125,777 1,061.773 939,613 122,160 City of Delray - NW 1,320,311 42,203 1,274,192 1,233,463 40,729 Florida DOT - Kirk Road 237,057 105,524 217,232 120,533 96,699 Boca Pointe Community Association 57,693 17,296 66,303 39,424 16,879 Pointe Site - Plantation 43,729 18,729 40,201 22,983 17,218 Seminole - Publix - Weston $40,567 151,667 284,069 204,382 79,687 Manno - Westbrooke 20,988 4,380 3,245 2,568 677 City of Boca - 26th Street 20,058 9,722 18,828 9,702 9,126 Centex - Himmarshee 256,744 33,489 731 636 95 Seminole - Spanish River 59,891 14,973 28,283 21,212 7,071 Inverrary Boulevard 1,468,190 293,638 62,964 50,371 12,693 Shaw Ager -Lake Ida 49,487 23,535 47,967 25,155 22,812 SBBC Forest Hills 69,868 10,466 2,109 1,793 316 City of Pompano - North Harbor 281,346 61,710 3,728 2,910 818 Siteworks - Rennalssance 113,292 42,454 2,141 1,339 802 J. Raymond - Bai Harbor 74,094 11,098 1,420 1,207 213 Other small jobs (16) 131,758 32,860 84,548 44,449 20,099 Sub -totals $ 9,802,638 5 1,568,506 $ 6,832,982 5 5,8336063 $ 999,919 Totals - Completed Contracts Company Totals See Accountants' Report 22 For the Year Ended December 31, 2002 December 31, 2002 Costs and Billings In Estimated Excess of Estimated Earnings Casts and Gross Billed Cost to In Excess Estimated Revenues Cost of Profit Percent 7o Data ComElete Of Billings Earnings - Earned Revenues (Loss Camplets $ .2,098,495 $ 66,509 $ 170,178 S 12,743 $ 10,873 $ 1,870 95.68% 1,323,618 19,438 70,957 (23,060) (19,438) (3,622) 98.37% 1,093,213 27,823 $ 31,440 69,671 5,053 64,618 97.12% 1,064,090 44,645 210,102 (17,995) (17,420) (576) 96.51% 226,057 11,000 8,825 214,335 118,215 96,120 91.64% 57,693 973 1,390 56,303 39,424 16,879 97.59% 29,401 2,017 10,800 40,201 22,983 17,218 91.93% 342,695 184,618 58,626 284,069 204,382 79,887 52.54% 6,889 14,040 3,644 3,245 2,568 677 15.46% 20.055 634 1,230 18,828 9,702 9,126 93.87% - 222,619 731 731- 636 95 28,00% - 23,706 28,283 28,283 21,212 7,071 47.22% 71,855 1,124,181 8,821 62,964 50,371 12,593 4.29% 46,988 797 979 47,967 25,155 22,812 96.93% - 57,607 2,109 2,109 1,793 316 3.02% - 216,725 3,728 3,728 2,910 818 1.32% 12.443 69,499 10,302 2,141 1,339. 802 1.89% - 61,789 1.420 1,420 1,207 ' 213 1.92% 79,489 54,449 2,152 17,124 84.548 44,449 20,099 $ 6,472,984 S 2,203 069 $ 50�1,469 $ 141,44722 $72,231 625,414 345,817 2,837,481 1,933,476 904,005 __$ 3,709,712 $ 2.458,890 $ 1,250,822 cf' Tamarac Purcha s,•ng and Contracts L" vision AGREEMENT BETWEEN THE CITY OF TAMARAC AND FLORIDA BLACKTOP, INC. THIS AGREEMENT is made and entered into this oU day of 2004 4-9 P4 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 Florida Blacktop, Inc., a Florida corporation with principal offices located at 1280 S. Powedine Rd., Suite 29, Pompano Beach FL 33069, (the "Contractor") for the installation of Type "D" and Type "F" curb on NW 57th Street and to properly complete the project as specified in Bid No. 04-28B. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid document No. 04-28B, including all conditions therein, (General, Special and other Conditions), drawings and specifications, all addenda issued prior to, and all modifications issued after, execution of this Agreement, and the Contractor's proposal included herein. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents and Bid No. 04-28B, as set forth below: a) Contractor shall furnish all labor, materials, and equipment 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. Pagc- 1 of City of Tamarac (e- Purchasing and Contracts Division 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 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 Contractor's receipt of City's Notice to Proceed. Project shall be substantially complete within 30 calendar days of Contractor's receipt of above referenced Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is One Hundred Fifteen Thousand Two Hundred Eighty Dollars and no cents ($115,280.00), with a project contingency in the amount of Ten Thousand Dollars ($10,000.00). Said contingency will be paid only to the extent of its usage. Any change in project scope utilizing contingency funds shall be confirmed through issuance of a formal change order by the City. 6) Payments Payments will be made in accordance with contract documents and the terms of Bid 04-28B. Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. 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 Page 2 of 7 of Tamarac Purchasing and Contracts Division Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 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. 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. Pege 7 of 7 City of Tamarac Purchasing and Contracts (division 13) Notice Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Elias Shaouy, President Florida Blacktop, Inc. 1280 S. Powerline Rd., Suite 29 Pompano Beach, FL 33069 PH: 954-979•-5757 14) Termination Convenience: 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 parry for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. Page 4 n+ City of Tamzaroc Purchasing and C,'ontrarts Drvirwon 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. of Tamarac Pu- e-. --,rchasing ing 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 FLORIDA BLACKTOP, INC., signing by and through its President, duly authorized to execute same. ATTEST: Mayor Swenson, CIVIC . City�Cerk Date Robert Shaou Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TA A C e Schreiber, Mayor e #eff-reOT--- Dalte uate Florida BlIaWdop, Inc. Comp me Si ure of Pres" ent Elias Shaouy Type/Print Name of President ZZ I cc) Date Page 6 of 7 No Text City of Tarr aivc Purche ing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF &WOYA : 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 Elias Shaouy, President of Florida Blacktop, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this "''• MICHELLENUNXIATA MY COMMISSION # 01) 186223 EXPIRES: February 20, 2007 (, , . Banded Thru Notary Public Underwriters Para 7 t;f 7 day of , 20_& Signature of ry Public State of FI da at Large A// rL P•VVI��.Q-lam 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.