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City of Tamarac Resolution R-2004-251
Temp. Reso. #10575 - October 12, 2004 Rev. 1 — 10/26/04 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004-J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 04- 29B AND TO EXECUTE AN AGREEMENT WITH SUPERIOR POOLS, SPAS & WATERFALLS, INC., FOR THE FOUNTAIN AND POOL FOR TAMARAC COMMONS PARK FOR A TOTAL COST NOT TO EXCEED $47,838.00; APPROVING FUNDING FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac plans to develop a small piece of property, known as Tamarac Commons Park, located on the southwest corner of McNab Road & Pine Island Road (N.W. 88t" Avenue) as a passive park; and WHEREAS, the Tamarac Commons Park location has been designated as an "Art In The Park" project by the City; and WHEREAS, the plans for the park include benches, landscaping and sidewalks, as well as, a public art project; and WHEREAS, it is desired that the public art project be placed within a fountain and pool setting; and WHEREAS, the City of Tamarac publicly advertised Bid No. 04-29B for the Fountain & Pool for Tamarac Commons Park, a copy of which is hereto attached as Exhibit 1, on August 29, and September 5, 2004; and 1 Temp. Reso. #10575 - October 12, 2004 Rev. 1 — 10/26/04 WHEREAS, on September 29, 2004, bids were received from Superior Pools, Spas & Waterfalls, Inc., and Pool People Commercial, Inc., as follows; and Bidder Bid Amount Superior Pools, Spas & Waterfalls, Inc., $47,838.00 Pool People Commercial, Inc. $74,900.00 WHEREAS, the bids of Superior Pools, Spas & Waterfalls, Inc., and Pool People Commercial, Inc., were reviewed in order to determine cost and responsiveness, a copy of the bid tabulation is attached hereto as Exhibit 2; and WHEREAS, the response from Superior Pools, Spas & Waterfalls, Inc., w-as found to be the lowest responsive and responsible bid, a copy of said bid is attached hereto as Exhibit 3; and WHEREAS, reference checks were conducted and proved to be satisfactory; and WHEREAS, based upon the results of the bidding process and satisfactory references, it is recommended that the City award Bid No. 04-29B to Superior Pools, Spas & Waterfalls, Inc., for the Fountain & Pool at Tamarac Commons Park for a total cost not to exceed $47,838.00; and WHEREAS, the City of Tamarac has negotiated an Agreement with Superior Pools, Spas & Waterfalls, Inc., for their services at a cost not to exceed $47,838.00, attached hereto as Exhibit 4; and WHEREAS, funding is available for said purpose within the appropriate Parks and Recreation Account; and WHEREAS, the Director of Parks and Recreation and the Purchasing and Contracts Manager recommend the award of Bid No. 04-29B and execution of an F, Temp. Reso. #10575 - October 12, 2004 Rev. 1 — 10/26/04 Agreement with Superior Pools, Spas & Waterfalls, Inc., for the Fountain & Pool at Tamarac Commons Park, for a total cost not to exceed $47,838.00; 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 No. 04- 29B and execute an Agreement with Superior Pools, Spas & Waterfalls, Inc., for the Fountain & Pool at Tamarac Commons Park, for a total cost not to exceed $47,838.00. 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 appropriate City Officials are HEREBY authorized to award Bid No. 04-29B and to execute an Agreement with Superior Pools, Spas & Waterfalls, Inc., for the Fountain & Pool at Tamarac Commons Park, for a total cost not to exceed $47,838.00. SECTION 3: An expenditure in an amount not to exceed $47,838.00 is HEREBY authorized. L� Temp. Reso. #10575 -October 12, 2004 Rev. 1 — 10/26/04 SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 101h day of November, 2004. JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION SW SON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORT ER DIST 2: COMM. FLANSBAUM- ALABISCO DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. IVIITCHELL S. KR T CITY ATTORNEY No Text of f arnarac it Purchasing and Contracts Division TABLE OF CONTENTS Bid 04-29B General Terms and Conditions......................................................................................1 - 5 Instructionsto Bidders......................................................................................................... 6 SpecialConditions.........................:..................................................................................... 7 SpecialProvisions............................................................................................................. 13 BidCoversheet Checklist.................................................................................................. 35 Bid Form and Schedule of Bid Prices........................................................... SCH-1 SCH-5 Non -Collusive Affidavit...................................................................................................1 - 2 Certification................................................................................................................ 1 of 1 Offeror's Qualification Statement - 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 FormPerformance Bond................................................................................................1 - 4 Applicationfor Payment............................................................................................... 1 of 1 ChangeOrder.............................................................................................................. 1 of 1 Final Release of Lien by Contractor...............................................................................1 - 2 SampleForm of Agreement...........................................................................................1 - 8 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement BID NO.: 04-29B BID TITLE: Fountain & Pool for Tamarac Commons Park BID OPENING DATE/TIME: September 29, 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: September 15, 2004, 10:OOAM BONDING: 5% Bid Deposit, 100% Payment and Performance Bonds GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDORS STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDORS DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM 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, BID TITLE. AND THE TIME AND DATE OF THE BID OPENING. 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: COMPANY PHONE: F_3 Ji 14101 iff-111 9: 10114 P4 4 IY-,W 421111 IN TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. ... . . .. .......... .... .. . .. i of Tamarac It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. fi111111111111RITF-1 �l1*31eI►I97 :6 1:1 =1:11 a7 The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder should show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder shall submit one (1) original and should also submit two (2) additional photocopies at time of 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 a bid bond, cash, certified check, money order, irrevocable letter of credit 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 Purchasing and Contracts Division successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 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 ninety (90) calendar days, or ninety (90) calendar days. 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. City of TamaracPurchasing sand Contracts Division1--.- ................ -1.1 . ................ . .. ...................................... . ............. . .... VII - I I Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Florida Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturers name, brand name information and/or model/catalog numbers are used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design level desired. They are not intended to restrict competition. The City will endeavor to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution permitted", approved equal is added to the specifications to avoid ruling out qualified competition. Where equal is bid, Bidder should submit complete specifications, brochures and/or samples to the City's Consultant or Project Manager seven (7) days prior to bid opening, however, such must be submitted within three (3) days upon request by City. The City or through its Consultant shall be the sole judge of equality relative to performance, quality and function. If Bidder fails to submit a substitute request, it will be assumed that 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. `.1 As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the City may without cause and without prejudice to any other right or remedy; terminate the agreement for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for the convenience of the City the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, shall terminate all outstanding 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 e - - - - - -11, I'll - I_ I.- I -, I'�'..",",�ll,",.",".,.,"""'ll"I ................... . . . . ....... . . .......... 1 .11.111.111-1.1 Purchasing and Contracts DiVi5io17 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. 4111111111111114;1JI;JFld'/4*i 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 and Eckler Engineering, Inc. as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and .all claims, suits, actions, damages, liability, and Cityof Tamarac Purchasing and Contracts Division ....................................................... ........... ........... ....... .......................... ._............................................... ............,. I ...... _...... _._......_........................ _...... _....... _....._................ 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 bttp,://www.tamarac.org/Dept/fin/Durch/results.htmi. 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. City of Tamarac, Purchasing an.................. e -1 1-11,11, 11.11 ',,"', ',"'-, ", 11 ............... .d Contracts Division INSTRUCTIONS TO BIDDERS BID NO. 04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK 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. DESCRIPTION OF WORK Bids are hereby requested from qualified Contractors for the installation of a fountain and pool for the Tamarac Commons Park. The work consists of furnishing all labor, materials, equipment, tools, service and supervision and incidentals, to complete the work 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; State: Certified General Contractor or Building Contractor or Certified Swimming Pool Contractor OR County: Commercial Pool Contractor or General Building Contractor - Class "A" or "B" Occupational license must be in effect as required by Florida Statute §205.065. B. LIQUIDATED DAMAGES Upon failure of the Contractor to complete each individual requirement within the specified and mutually agreed upon time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of one hundred dollars ($100.00) for each calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. Contractor shall also be responsible for reimbursing City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. C. CONTACT INFORMATION For technical inquiries, contact the Project Manager, John Doherty, Public Works Department, at (954) 724-2415. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. 6 i of Tamarac Purchasing and Contracts Division SPECIAL CONDITIONS BID 04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK 1. BID GUARANTY An acceptable Bid Bond, Cashier's Check, money order, irrevocable letter of credit or Certified Check payable to the City of Tamarac in an amount not less than 5% (five percent) of the bid price, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this bid. 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. 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. of Tamarac Purchasing and Contracts Division 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 designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2500 and inform the appropriate staff member about the location and extent of the damages. 5. PERMITS AND LICENSES The Contractor shall be responsible for securing all City permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as may be required permits from agencies other than markup, for properly submitted invoices. 6. SITE INSPECTION — CITY required by those agencies. Cost of any the City, will be reimbursed by City without All work will be conducted under the general direction of the Public Works Department, and Building Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 8. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by City of ianiarac Purchasing and Contacts Division 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 completion shall be within 90 calendar days from Contractor's receipt of City's Notice to Proceed. Final completion shall be 10 calendar days from date of substantial completion. 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, plans and specifications (where applicable), any addenda or change orders, bond(s), insurance certificate(s), and the City's 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. 9 y........ ................................................._.............._....._...._.................,.,..,..............................._...._ • ..............._......._......_.__......................_using and Contracts Division Cif of Tamarac.,,.... Purchasing 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 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 10 ofTamarac Purchasin111.1 ..... ......... . ......... ........................... ... ... . . ........... . ................... . ...... . . . ... ..... . .......... . ........... . . . . ....... . .. . . ............. 1 0 1 —1 -111--�..",".,.,,.."."",""."",.,'ll'.1111.1.11- 1-1-11, - ............ 11 1g and Contracts Division 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 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. 11 City of Tannarac 18. LOCATION OF EXISTING UTILITIES Purchasing and Contracts Division Existing utilities may be shown on the drawings. Such information is shown for design. purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. 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. 12 City of Tamarac .... ........ .............. . _ ....__......._..__... -----., -.,.-....,_....._......�._....._.----------...—.._....._.__..._.._..._........._._ _.......... . SPECIAL PROVISIONS BID 04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified Contractors, for the installation of a fountain and pool for the Tamarac Commons Park. 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 of each: 2.1 Addenda -- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 04-29B, 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. 13 of Tamarac Purchasing and Contracts Division 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of 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. 14 of Tamarac Purchasing and Contracts Division 2.21 Unit Price Work -- Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive -- A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non- technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. The 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 as between figures given on Drawings and the govern; as between large-scale drawings and drawings shall govern. 4. INTENT Drawings, the schedules shall govern; scale measurements, the figures shall small-scale drawings, the larger scale 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 15 City of Tamarac and Contracts Division or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. S. 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 of Tamarac Purchasing 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. 18 City of Tamarac Purchasing and Contracts Division . .... ....... . ...... it, - 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. SHOP DRAWINGS AND SAMPLES 8.1 The Contractor shall submit to The Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 8.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 8.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 8.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 8.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called 19 of Tamarac Purchasing and Contracts Division. t --- _ - for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 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. 10.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 10.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 10.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 20 City of Tamarac Purchasing and Contracts Division 10.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 10.6 The City shall communicate with subcontractors only through the Contractor. 10.7 The City shall furnish data required of the City under the Contract Documents promptly. 10.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 10.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 11. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 11.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 11.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on - site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 11.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 21 City of Tamarac Purchasing and Contracts Division 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 Property. 13.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 13.4 The project site shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 13.5 If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 22 of Tainarar, Purchasiog and Contracts Division 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. 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. 23 of Tamarac 17. ACCEPTANCE OF WORK and Contracts Division 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. 18.1 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. 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 24 City of Tamarac Purchasing and Contracts Division -- ell . ...... . ...... 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. 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 25 of Tamarac and Contracts Division11. 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. 26 City of Tamarac Purchasing and Contracts Division --- ...... _............. _. _ -- - -.... -- -.. __ ..__.. _ ..............e ...--- ......._..- _..._......_. _..._....__._ _ __- 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. 27 City of Tamarac 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 that project under that project's individual Notice to Proceed. 24. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and 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. 28 of Tamarac Purchasing and Contacts Division 25. FINAL APPLICATION FOR PAYMENT 25.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 25.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As - Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As -built" drawings.. 26. FINAL PAYMENT AND ACCEPTANCE 26.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (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 29 of Tamarac Purchasing and Contracts Division Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor. 26.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Engineer/Project Manager so confirms, the City shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 26.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been issued by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: 26.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 26.3.2 Faulty or defective Work and latent defects discovered after acceptance. 26.3.3 Failure of the Work to comply with the requirements of the contract documents. 26.3.4 Terms of special warranties required by the contract documents. 26.3.5 Any of the Contractor's continuing obligations under this Agreement. 26.4 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. 30 of Tamarac 0 Purchasin<) and Contracts Division 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: 27.2 Defective Work not remedied. 27.3 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 27.4 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 27.5 Damage to another Contractor not remedied. 27.6 The Contractor has incurred liability for liquidated damages. 27.7 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 27.8 Reasonable evidences that the Work will not be completed within the Contract time. 27.9 Failure to carry out the Work in accordance with the Contract Documents. 27.10 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. 28. WARRANTIES 28.1 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 28.2 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 28.3 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 29. 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 31 of Tamarac, Purchasing and Contracts Division 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 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. 32 of Tamarac Purchasing and Contracts Division 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. 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. 33 City of Tamarac F Purchasing and Contracts Division 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. 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. 34 City of Taxnarac Tamarac Commons Park Fountain • Fountain pool is to be reinforced Rhotcrete and concrete construction. All construction shall conform to all local building codes. • Fountain pool is to be 21 ft. diameter, round; if inches deep; not to exceed 24" above grade • Fountain pool to include 2 ft. x 2 ft. x 2 ft. concrete pedestal in the middle for art sculpture • Electrical service is to be single phase 230 v • Interior finish is to be black quartz • Exterior finish will include a h inch row of the under the wall cap and is to be stucco. Paint basin wall. Color of wall and design of tile to be determined. • Waterproof basin interior. • Interior tile shall be 6 inch row at waterline Basin wall cap shall be 2 in. x 12 in. precast + No lights • Includes autOfIl and overflow • Complete filter/feature plumbing to equipment an concrete pad located within 50 ft. of fountain. Equipment to be covered and secured. • Supply and install Hall Fountain equipment or equal as per attached specifications. * Start-up and balance. • Price to include electric final connection, plans, permits, operating instructions, one-year warranty on labor and materials Price dues not include electric supple, fresh water hook-up, baekflow preventor and waste line to fountain e 1 ' _*5 8 .i l' A A$i.E A Tl fT -- 2-112' heavy discharge, 1-112" FPT hiller, brass and copper jet wiM integral swivel joint, .let produces a heavy, frothy, opaque, white cahtnm of water that fa#s straight down on ►ts##, The sw+vot joins incorporated In this jet makes vertical alignMenr passible, Includes 1-11Z" cast br M1W balancing valve and 1-112' brass riser nople, 2. t .F. F Aa< FOUNT N 1= - foaturies grey cast Iran volute case errrla'nesreaf to modem hytlrauke standays, precision b^Unced 1mpOer assures proper alVmerrt on the shaft for smooth, vkrafion-free operation, speNal artoy steel shaft protected by a replaceable stainless steel sleeve, mechanical shell seat to protect agaml leakage and extend pump Ilia. 230 volt single phase open drip proof alotor with encapsollated wiring, Pump is Ranged +4"x X. 3. i PCS 2AZ INTAKE S 11 .P COVERSg E - fabricated to fit an intake 5wM 2' x V. Designed with a I -- Y2"x 3116'stainless steel angle frame with locking lugs that pours in ed�v of sump at the time of consOucWn. The main frame, whiCh is fabricated of 1 - h* by 1/8" stainless steel angle has strucrurai Cross members every foot and bolts lnro the fra►rre in the pool floor providing a hush screen hold firmly in pface. Screen has perforxed stainless steel street wlfh W inch moles spot welded to frame and comes complete with tffrrng handles. Screen prevents debris from+ entering the pumping system that could harm the pump or clog the water feature, �• IjRM S WALL S.UAIP VEN aZIM — cast bror Ze cal smxrjon body with a renvveble Imni cover grate 2-W wr'ds x 4-7116" tong and 2FIP connection. Veal 17rring provides for a positAte means of protecting the intake wnp from, an air lock condlMon. t •u . r 5. i MAIM PLM ffrA N1 ED - to adapt f om fhe 6" Suction line to ft8e s" PUMP intake. Inc114e5 a cast iron buns rubber seat style bulterfy valve with gear operated actuatorand comes complete with all nuts, baps, gaskets and flange ready to receive PVC intake line piping. 6. } RE PUUP DlSG NfF L - to provide for one 0' discharga line to bye water features. Includes balancing valves to rogulate tyre height of each water leafure grouping and corms complete wife all nuts, bolts, gaskets and flanges randy to receivA PVC discharge lino ptping, 7, r M-40 ftL� R,RLTRATWN SYSM - includes a 40 GPM fiberples sand filter With six position mufWrt valve, Yd H. P sell priming offer puMp With 2" suction and diScharge ports and removable hair and lint strainer, the Filter system is a necessary component of the fountain system to provide for water quality makrtanance and ftre ablhfy to clear► and maintain the founraln pool T - IcA ISO tMaI -bless pool skift ter with cast bmnre laceplafe. VF76000 brass 54ew81l vacuum liffing for arteching a vacuum hose. • E815OC6 brass eyeball raturn lrftings fb give lifter relum waterdirectrarral Now, 8. r i1 LfflIMANQ LAMELgR FOUNTAf8 C2trg -- contalrrs time clocks, contactors and other necessary controls mounted on a rarnovable backing piate, CWfroller is pre -wired la femrinal bar through pan-ducf wiring tmugh. Controller is n7vunted in a hems 3R all weatherproof anciosure with cover. ConfroW is sLpW,ed mth power by remote broeker panel (by others) and includes a disconnect Switch with inter-lwking aoor hen&& and H. 0.A. switches. 9. x MWI42 ELEMONIC A 4V ?ER LE=OW WAMR UEQF ON�,L=unit is a dual putpose lire & low vvitage sensor to contra! bolts me proper water level In the pool (by aclua" a soloolaid valve to add wafer), and cut off eleClrital power to lfie putV and any in p" efechIcal equipment that may be damaged in a low wafer con&lion. Sensor hems are fitted with UlartFwm probes and rm un too to a brume juncilon box, Primary vNisge is 120 V with 12V power being supt7►W to the Sensor heads ;n Me fountain pool with a maximurn Of 1.5 mitfiaMm beinsi supplied by OR control. The maximum loan! across any of the Co" confacls is 5 alms, 12OV. 10. 1 S 1" Ofi7--§MNZE AjjMM6M Sj2jLKMVALVE - for hookup to the fountain city rusher supply line to automatically add water fa the fountain pool when necessary. Features a slarnkess steel fitted cast bronze body and bonnet with lrmil screw and 110 vok coil and I" I -PT conney,Vons. Does not includa a backflow preventer required in most installations. 11. t �R90a CO14 &PAROAf O1�ERFLOW.A &(,, MLA1N f►r�rlv_r - to Porto rr� two functions. First as an overflow In the event of rainfall or accidental averiVing of the pool, and second as a floor drain to completely Alain the pool if necessary. OD300 collies complefe with 3"slip PVC base sdspler, east bronzea0uStable Floor tilting with o-ring sear, brawl finished stainless steel srandaipe iabricaled liar 16" water depth and n ckektronze dome. The dame prevents trash and leaves hurry entering the slandpoe, when being used as are overflow_ 12. 8 ?!:.M- NREAACD R&LSS C40YPL NG - to Igo used for water supply sfuogjp for In - pool Oburitaln let supplied by Heil Fountains. ;' X 6" = AM _ &ME - To b9 used i'or WoOr f conduit stubop to junctiain box supplied by Hall Fountains per section 680 of the NEC. City of Tamarac COMPANY NAME: (Please Print): Phone: Purchasing and Contracts Division Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. ❑ Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. ❑ Properly fill out the Bid Forms and the 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 may 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, included herein. 10. ❑ Fill out and sign the Certified Resolution. 11. ❑ Include proof of insurance. 12. ❑ Include copy of State Certified or County Competency License(s) 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. 35 City of Tamarac f Ptirchasing and Contracts Division BID FORM FOUNTAIN & POOL FOR TAMARAC COMMONS PARK The. City of Tamarac is hereby requesting Bids, from qualified vendors, for the installation of a fountain and pool for the Tamarac Commons Park. In order to be considered for this project, the Bidder shall possess, at time of bid opening, one of the following State Certified, County Competency or equivalent licenses: 1. A State Certified Swimming Pool Contractor or Certified General Contractor or Certified Building Contractor with at least three (3) years of verifiable full-time successful experience on similar size and scope projects. 1011-i 2. A County Competency Commercial Pool Contractor or Building Contractor "A" or "B" license with at least three (3) years of verifiable full-time successful experience on similar size and scope projects. 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. A more detailed description of the Pay Items is located in Section 01025 of the Technical Specifications. See Schedule of Bid Prices on the following pages. SCH-1 Bid Form & Schedule of Bid Prices City of Tamarac and Contracts Division SCHEDULE OF BID PRICES BID NO. 04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK The lump sum bid total submitted below shall include costs for furnishing all materials, equipment and supplies, and for all costs incurred in providing all work shown on the drawings and specifications for this project. Said costs shall be complete and inclusive of all labor, mobilization, permits, inspection, indemnification, start-up fees, taxes, insurance, miscellaneous costs, warranty, overhead and profit. Bidder agrees to accept as full payment the Lump Sum Bid Total proposed under this Project as herein specified and as shown on the drawings, based upon the undersigned's own estimate of quantities and costs, the following total lump sum bid of: If requested, the awarded Contractor shall submit a detailed price breakdown to the Engineer for the pre -construction conference. The price breakdown as reviewed and agreed upon by the Contractor, Engineer and Owner shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of the work and a price for each item. Overhead, other general costs, and profit shall be prorated to each item so that the total of the prices for all items equals the lump sum price. The price breakdown shall be subject to the review of the engineer, and the Contractor may be required to verify the prices for any or all items. LUMP SUM BID AMOUNT: $ ': r ���I:i�1_1►riT�l SCH-2 Bid Form & Schedule of Bid Prices of Tamarac BID FORM (continued) BID NO.04-29B Purchasing and Contracts Division FOUNTAIN & POOL FOR TAMARAC COMMONS PARK Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 881h Avenue Tamarac, Florida 33321 Date 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract �documents and the written resolution thereof by the City is acceptable to Bidder. c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 5CH-3 Bid Form & Schedule of Bid Prices City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK 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 Company Name Typed/Printed Name Address Telephone City, State, ZIP Fax Federal Tax ID Number Email address for above signer (if any) Contractor's License Number SCH-4 Bid Form & Schedule of Bid Prices of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK Bidder's Name: TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. SCH-5 Bid Form & Schedule of Bic/ Prices City of Tamarac I Purchasing & Contracts Division I ..................... . . . ...... . . ........ - ---- -- . ........... ...... — e ........... . ..... .... . . ............ . ... 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: INDIVIDUAL11 PARTNERSHIP CORPORATION OTHER 11 If "Other", Explain: Authorized Signature Title Company Name City/State/Zip Fax Number Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person .................................................... Paige i of 1 Certification of Tarnarac CERTIFIED RESOLUTION Purchasing & Contracts 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 , 20 (SEAL) NOTE: By: Secretary Corporate Title 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 7 Certified Resolution City of Tamarac Purchasing & Contracts Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 881" Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. Fax No. Check One FICorporation Partnership Individual Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent:. Pane 1 of 5 Dfferor's Qualification Statement of Tamarac __. _-._-- Putchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: 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? ❑ YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ❑ YES LJ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑❑ YES [:] NO Fags 2 of 5 Offeror's Qualification Staternent City of Tarnarcac Purchasing & Contracts Divisior; —-............-- .._..__..._......_....._..............................--- .......__........ _._..._..._...._............_,,.,,......_.... -- _..................... 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 T inarac Purchasing & Contracts Division ......................................................................................................... ........ ........ . (e . ..... .......... - --------- 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 19. Bank References: Bank Address Tole 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? MYES FINO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature 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 0 (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 !'age 5 of 5 Offaror's Qualification Statement of Tamarac Purchasing & Contracts Division .. . .. ...... . ......... (e. __ --- - _.- I'll --- 11111--.11 NON -COLLUSIVE AFFIDAVIT State of )ss. County of ) 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 7 of 2 Non -Collusive Affidavit of Tamarac Purchasing & Contracts Division ....... . .... ------ — (0. - __ ---. ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC 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 of Tairiat ac Purchasing & Contracts Division r 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 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 1 of 1 Drug -Free Workplace City of Tamarac Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page: 1 of 1 References City of Tamarac Purchasing & 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 _._ ........................ ............. ... ...... ...... ......... ...... ..... Pay e I of 1 List of Subcontractors of Tarnarac 1=31y7=I07►191 STATE OF FLORIDA) )SS: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and Purchasing & Contracts Division 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 Biel Bond City of Tamarac Signed and sealed this IN PRESENCE OF: (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal Purchasing & Contracts Division ACKNOWLEDGEMENT BID BOND day of Principal Business Address City/State/Zip Business Phone S u rety* By Title Attorney -In -Fact* By ,20 R,ige 2 of 2 Bid Bond Acknowledgement City of T7rnarrac Payment Bond FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of 20 , with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. 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 9 of 3 City of Tamarac Pay lent Bond 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Page 2 of 3 of Tamarac ACKNOWLEDGMENT FORM PAYMENT BOND State of County of Payment Bond On this the day of 120 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) ,a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) Page 3 of 3 (Name of Corporation) City of Tarrxarac Performance Bond FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and, as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of: Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20 , for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or Page 1 of 4 City of Tarnarac 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 day of ►T.T1I11IkN11*&1 V Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) 20 Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above Page 2 of 4 of Tamarac IN THE PRESENCE OF: performance Bond INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone ACKNOWLEDGMENT FORM PERFORMANCE BOND State of County of On this the day of , 20 before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) ,a (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 w Page 3 of 4 City of Tarrnarac Perforroance Band 14 MI:4i WWIN d4r_F-�i+1O:A1►[dl:7_\11 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) (Name of Corporation) Page 4 of 4 City of Tarnarac___.._.__.....-----...,....._............__..__ Purchasing & 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 (line 1 (+) or (-) line 2) 4. Total Completed and Stored to Date 5. Retainage a. 10% of Completed Work b. 10% of Stored Material c. Total Retainage (line 5a + line 5b) 6. Total Earned less Retainage (line 4 — line 5c) 7. Less Previous Application For Payment (subtract line 6 from prior A.F.P.) 8. Current Payment Due 9. Balance to Finish, plus Retainage (line 3 — line 6) Submitted by: Contractor Approved for Payment: Project Manager Date: Date: FIr..r,c: 1 of 9 Applic:atioo for Payment City of 'i"<irnxac Purchasing & Contracts Division CHANGE ORDER DATE OF ISSUANCE: CHANGE ORDER NO. OWNER: PROJECT CITY OF TAMARAC NAME: 7525 NW 881h Avenue Tamarac, FL 33321-2401 BID NO. PROJECT NO. CONTRACTOR P.O. NUMBER IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE CONTRACTOR AND THE CITY DO BOTH HEREBY AGREE THAT THE CONTRACTOR SHALL MAKE THE FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND SPECIFICATIONS: DESCRIPTION: PURPOSE OF CHANGE ORDER: CHANGE IN CONTRACT PRICE Original Contract Price CHANGE IN CONTRACT TIME Original Contract Time Previous Change Order No. to No. Net change from previous change orders Contract Price prior to this Change Order Contract Time prior to this Change Order Net (Increase) of this Change Order Net (Increase) of this Change Order Contract Price with all approved Change Orders Contract Time with all approved Change Orders RECOMMENDED APPROVED APPROVED BY BY BY Director City Manager Contractor Date Date Date City of Tamarac _. . ......................_.,..........__......_._......-----._..._.._......._....... ,, ...,.,....,,,........_.11 Purchasing-& Contacts ©ivisior! 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 PROJECT: 20 , in connection with the following public work: CONTRACT NO. does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of 20 Signed, Sealed and Delivered in the Presence of: Corporate Secretary Signature Type Name Contractor President Signature Type Name Page 1 of 2 Final Re/ease of lien of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Release of Lien Acknowledgement of 7"�,-imcar<ae 9 1 SAMPLE AGREEMENT Purch<asina and Contracts Division BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this _ day of 20__ by and between the City of Tamarac, a municipal corporation located at 7525 N.W. 88th Ave., Tamarac, FL 33321 a corporation (the fountain and pool for Tamarac Commons Park, as specified in Bid No. 04-29B. with principal "Contractor") for and to properly with principal offices (the "CITY") and offices located at the installation of a complete the project Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of Bid No. 04-29B bid documents, (General, Special and other Conditions), drawings and specifications, all addenda issued prior to, and all modifications issued after, execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents and Bid No. 04-29B, as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary as indicated in the specifications herein. b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Sample Contractor Agreement City of Tcatmitac Purchasing and Contracts Division 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall begin after the City's issuance of a written Notice to Proceed. The Notice to Proceed will indicate a commencement date to begin the project work. Substantial completion shall be 90 calendar days from the date of Contractor's receipt of the Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is cents ( ). G) Payments Dollars and Payments will be made in accordance with contract documents and Bid No. 04- 29B. 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 Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. o1 7 Sample Contractor Agreement of Tamarac. .{..........................................I'urehasing end Contracts Division.. All portions of the Project are to be completed according to the schedule. Once all work has been completed on a grouping of roadway segments, and the City has indicated, in writing, the final acceptance of landscaping, irrigation, brick paving, and electrical work within said grouping, maintenance of the said roadways will be entirely the responsibility of the City. Contractor will be responsible for the coordination of all work to complete specific grouping of roadways before other groupings are commenced. The one (1) year warranty period for the Project does not begin until substantial completion of the entire project and the Payment and Performance Bonds are released. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. pr+ ;s of T Sample Contractor Agreement y, City of Tamarac; Purchasing and Contract, Division 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City 4 r..f 7 Sample ContractorAgreement City of Tamarac P................. ell"..'- 111.11,11, . 11.11-111.1111.1urchasing and Contracts Division Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of 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. Sample Contractor Agreement City of Tamarac 4M Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and signing by and through its duly authorized to execute same. Marion Swenson, CIVIC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: Mitchell S. Kraft, City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date 0 rJ 7 13ample Contradoi Agreement of Tamarac Purchasing and Contracts nivision CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA: SS COUNTY OF. I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 20 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. 7 cf' ' Sample Contractor Agreement L -` � VA", �T`l cc) 04 Ld LZ LO 3 12, g w z N Kn Z. 0 0 tA ( tA 52 f-MN3AV Hl.'R9 'M-N) La & Z L'80 L x. II th Ln Oft COO qll NL- Pdr L SEr-DA.*K 41 wn Scl—A �LL a Zo zU O N Q N M p��wa �,zm� C 5Q ❑_ uu a 0cn �a aN �w az r- ❑ w V Z J LL LU a � Q cn cn 0 w N cn cn U) 0) (1) N N Q°o W W w W w w w LU W LLj w w vn V J � 0 a w 0 Ix w a D 0) U a U w � W LU w w w w w w LU LU w w uj 0 w a J O 0 a H Z LU LU LU LU w D I --a U z 0 U) a w 0) w Z H Y 2 w R a s 0 w 0 0 „a > 0 a o Lu c 0 a. U w a 0< z 0 w LL a a z ° ? 0 z 0 m 0 w C1 z o 9 a ? m w w V J Q Q ° J 0 LL' z z H U w w O ❑ z w z LL. LU w LL L- W U 0 LL 0 0 U [ O ca LU O LLL Z Z O ❑ U W N U 0 O Z 7 a m J C9 R Ir- J Temp. Reso. #10575 O Exhibit 2 a - a z O O C� 0 C LLI U cl• IL ao N Z. M �r a a Y V Q LL 0 LL O 0 M sU LU a o Q a x m a z F-- o m m o U) J a a 0 0 Temp. Reso. #10575 - Exhibit 3 n City of Tamarac Purchasing and Contracts Division r COMPANY NAME: (Please Print): u,Offl 1 �k �"C �� %� S C�, PJ�-7,1444 Phone: 7 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the General Terms & Conditions, Special Conditions and Special Provisions. 2. [Properly fill out the Bid Forms and the Schedule of Bid Prices. 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. ESign the Certification page. Failure to do so may result in your Bid being deemed non -responsive: 5. Fill out the Offeror's Qualification Statement. 6. aFill out the References page. 7. 2i§iign the vendor Drug Free Workplace Form. 8. �II out the List of Subcontractors. 9. E31nclude a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result In t automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms, included herein. 10. Fill out and sign the Certified Resolution. 11. nclude proof of insurance. 12. nclude copy of State Certified or County Competency License(s) 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. C0�'Y 35 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88r" AVENUE TAMARAC, FL. 33321 954-724-2450 INVITATION FOR BID Bidder Acknowledgement BID NO.: 04-29B BID TITLE: Fountain & Pool for Tamarac Commons Park BID OPENING DATE/TIME: September 29, 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: September 1.5, 2004, 10:00AM BONDING: 5% Bid Deposit, 100% Payment and Performance Bonds 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, BID TITLE. AND THE TIME AND DATE OF THE BID OPENING. 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: f 104 Q!•a .� - ,� °i-� n ' � > COMPANY ADDRESS: .SeP Q Itl> n..; Ir COMPANY PHONE: 19r,71 J C? I is , f NAME OF AUTHORIZED AGENT: �—" �2 d- k1 TITLE OF AUTHORIZED AGENT: 111C e- AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECU UM SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. 5 ee,? City of Tamarac 0 Purchasing and Contracts Division SCHEDULE OF BID PRICES BID NO.04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK The lump sum bid total submitted below shall include costs for furnishing all materials, equipment and supplies, and for all costs incurred in providing all work shown on the drawings and specifications for this project. Said costs shall be complete and inclusive of all labor, mobilization, permits, inspection, indemnification, stark -up fees, taxes, insurance, miscellaneous costs, warranty, overhead and profit. Bidder agrees to accept as full payment the Lump Sum Bid Total proposed under this Project as herein specified and as shown on the drawings, based upon the undersigned's own estimate of quantities and costs, the following total lump sum bid of. If requested, the awarded Contractor shall submit a detailed price breakdown to the Engineer for the pre -construction conference. The price breakdown as reviewed and agreed upon by the Contractor, Engineer and Owner shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of the work and a price for each item. Overhead, other general costs, and profit shall be prorated to each item so that the total of the prices for all items equals the lump, sum price. The price breakdown shall be subject to the review of the engineer, and the Contractor may be required to verify the prices for any or all items. LUMP SUM BID AMOUNT: BIDDER NAME:- � SCH-2 Bid Form & Schedule of Bid Prices of Tamarac q Purchasing and Contracts Division BID FORM (continued) BID NO.04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK Submitted by: PI1,r ���lS !1$•S Date g D` 4 IAJ,4,-- �teW a /l r -7� e . THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88t' Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any 'agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. SCH-3 Bid Form & Schedule of Bid Prices 4 of Tamarac {'„ .,. � Purchasing and Contracts Division BID FORM (continued) BID NO.04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK 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 Conipany Name :-, Typed/Printed Name Address 9 r,� 5-2 op 6) -ee A -, // ? '? 3 J—/ Telephone City, State, ZIP Fax Federal Tax ID Number Email address for 6bove signer (if any) Contractor's License Number SCH-4 Bid Form & Schedule of Bid Prices of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.04-29B FOUNTAIN & POOL FOR TAMARAC COMMONS PARK Bidder's Name: 1 TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. To be considered eligible for award, one (1) original and two (2) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. SCH-5 Bid Form & Schedule of Bid Prices of Tamarac ' ' Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL PARTNERSHIP If "Other", Explain: Authorized Signature Title / Company Name w� fl��� City/State/Zip Fax Number CORPORATION OTHER Name (Printed Or Typed) 4 J= j06?4 Federal Employer I.D./Social Security No. Zo Address 0r-t/ 7,-?/D// Telephone o �)A- /- �"se- // Contact Person Page 1 of 1 Certification of Tamarac e Purchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: 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? 25 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. C t4q A p G 8. Have you personally inspected the site of the proposed work? YES �Rr NO 9. Do you have a complete set of documents, including drawings and addenda? KrYES F—] NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? D YES F9 NO Page 2 of 5 Otferor's Qualification Statement of Tamarac & Contracts Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why, Al 0 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). 13 Name Ad,idress �Telephone m-llQAn./aA- .,I 77�7 �,&A- ,10 �/ List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary. -Se e- r`7i9 C,� e- 0/_ 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: CdC, (A- 3rb 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 q percentage owned of each such business and/or individual: --r-© /� u1'���✓fi� f"1 %�i�.S s �a.� 12 3.T 1- L lI 1 �7d��t.l.� viw�Jl�.r f 3,�%Z A., 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 Statement of Tamarac �, : ; ;,i, . . Purchasing & Contracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: 7 19. Bank References: Bank Address Telephone ,Pt c, 20_ Attach a financial statement including Offeror"s latest balange sheet and income statement showing the following items: e A7i/to 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: �244 P:"' 1= CpA. 22. Is this financial statement for the identical organization named on page one? YES ENO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offerors Qualification Statement City of Tamarac 0 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. 66 wwaalwollaw Signature-' ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of 6,��d ; �4 County ofy LL044d On this the cP day of 15-10- Item-ie , 20 ©t% , before me, the undersigned Notary Public o the State of Florida, personally appeared 'f i g � �/. e /� 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. 1►1501F1:1YA911 ]416 SEAL OF OFFICE: N TARY PUBLIC, STATE OF FLORIDA +° Patd6a J Roberts WMy Commission DDIOW38 ar #V Exniras May 08, 2W6 (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 1XDID NOT take an oath Page 5 of 5 Offerors Qualification Statement of Tamarac 0 Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State off .,..„,., )ss. County of ZA 0 X r being first duly swom, deposes and says that: Q 1. she is the Lice �-�1��,.- , (Owner, Partner, fficer; `Representative or Agent) of &LiQ,,e ®'Q .5 Y- , the Offero, 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 i es Witness Printed Name. icc zewT/ oe e.,f Title Page 1 of 2 Non --Collusive Affidavit of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Flori a County of ie, Purchasing & Contracts Division On this the a day of , 20e±, before me, the undersigned Notary Public of the State of Florida, pers nally 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, STATE OF FLORIDA NOTARY PUBLIC , `" Pstricia J Roberts SEAL OF OFFICE:Y Patricia) Roberts MY Commission My commission Dpio9o38i®aublic: Print, of Expires May ()t),2W6 Stamp, or Type as Commissioned) ersonally known to me, or ❑ Produced identification: (Type qf pentification Produced) ❑ DID take an oath, or DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit City of Tamarac ' °_ Purchasing & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing be 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: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implem ntation of this section. As the person authorized to sign the statement, I c is form cogvfiek fully with the above requirements. Authorized Eignature Conipany Name ` l�Je,u''l�,r Page 1 of 1 Drug -Free Workplace of Tamarac r;:: �N�. Purchasing & Contracts Division CERTIFIED RESOLUTION I hAXj C V > >? r?'r—W (Name), the duly elected Secretary of .SJj ek,px A6�� e � of Corp.), a corporation organized and existing under the laws of the State of 0"/ ") a , 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 RESOLVE,P THAT �/ tL Ly_ SA-m 6,e- I _ (Name)", the duly elected jvic e c s i06ZF. (Title �of Officer) of &'61 A s i ,�C , (Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Sid 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 i �d �,A �e,9sUrz {,5 Given under my hand and the Seal of the said corporation this day of , 20 © y (SEAL) gy.Az-�� tary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Certified Resolution 1 of Tamarac a,. �,"; 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 88th Avenue Tamarac, Florida 33321 Company: Contact Name: Address: City, State, Zip Telephone No. .trfl0- q s-V s-)? /,d / / Fax No. r` S? e / 0 ? ) ;c,tL�,t�l�J .sLC• Check One - - 1:5 C4/ A/ E—Corporation 17 Partnership F7Individual EOther 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: 33 J--/ 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name:_ � �� A dq S C1 d) Vice President's name: , �® Au9 � �`W- e) Secretary's name: kk, 01/ � ,�} �t •5 _ f) Treasurer's name: AA- d g) Name and address of Resident Agent: , L�i dlI-�rn.J Page 1 of 5 Ofreror's Qualification Statement Q71'- =UrCi7ca'iry CCt: uG'IS Dil iSt r REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years:, Your Company Name 'Q Lo4. ." A Address �r e-'O J\l J�;.�+ le City State Zip ,C R c. p�e i / %�3 J- / Phone/Fax - S 7 d"- i T` - 7 - D 7� Agency/Firm Name: e-1; I it �- Address S/ GU - �A, City State Zip 4-R-7�j P- �iJq 5% 3 Phone/Fax 4' / a o 3 l Contact Name M : k e. /P 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 G . 7_- ,"1 C ;' � 0"�- -t(190 6 tom- ZOO, 7 - ILL 111��V- LT Page 1 of ? References ; lU L of Tamarac LIST OF SUBCONTRACTORS & Cortracts division 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 Name/Address °% Total Contract /L e 5 r 6�tl A Gx,4e e- / )ek Ir'1rN Work to Be Performed Contractor License No. C6-C -oL �24d7 Page 1 of 9 List of Subcontractors COMMERCIAL 5580 N. Pine Island Road • Lauderhill, Florida 33351 Phone: 954-578-1011 • Fax: 954-578-1077 Superior Pools, Spas & Waterfalls Inc. would like to introduce you to our company and its professional team who are committed to the finest quality construction of pool, spas and water features. Our philosophy is to offer the highest quality service and construction to our customers. Superior Pools, Spas & Waterfalls Inc, is large enough to handle your project and small enough to care. William Adams, President, has been in the pool construction industry for over 15 years and has successfully managed several pool companies during that time. Bill has a Bachelor's Degree in Business Administration. Bill is responsible for overseeing all aspects of Superior Pools, Spas & Waterfalls Inc. His "hands on" approach will insure that potential problems will be eliminated before they arise. Ronald Sugg, Vice President, has over 18 years in the pool construction industry and successfully owned and operated his own pool construction company during that time as well as managing several pool companies. Ron is responsible for scheduling and construction for the commercial projects. Ron holds the CPC State of Florida pool builders license and is the qualifier for Superior Pools, Spas & Waterfalls Inc.. Earl Samsell, Vice President -- Commercial Division, has over 35 years in the pool construction industry, is Vice President and partner in the Commercial Division and is responsible for sales, management, scheduling and construction of the Commercial Division. Earl owned and successfully operated his own pool construction company for 20 years. He then founded and managed Pool People Commercial. Inc. where he was responsible for sales, management, scheduling and construction. Ken Hart, Project Manager — Commercial Division, has over 25 years in the pool construction industry and has been successful as a pool service contractor as well as Service Manager for various pool companies. Ken has worked in the construction field for the past 10 years. Ken is responsible for scheduling, purchasing and construction for commercial projects. Pat Roberts, Assistant — Commercial Division, has over 15 years in the construction industry, working in new home construction for 5 years and over 10 years in the pool construction industry. Pat is responsible for estimating, purchasing, management and sales for the commercial projects. STATE OF FLORIDA w DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET •��TALLAHASSEE FL 32399-Q783 SUGG, RONALD ANTHONY SUPERIOR POOLS SPAS & WATERFALLS INC 4350 WEST SUNRISE BLVD SUITE 103 PLANTATION FL_33313 n DETACH HERE STATE OF FLORIDA AC# 1419796 DEPARTMENT OF- BUSINESS. AND .` " �a;PROFESS ON?#x+ REGULI�.TZO1M",,:' CPC0.4 9:'64 055f2_Oµy;0..4, 030.67`8.642�.,:� .1 0?� L.i. in rt.. S CERT COMMERICAL 1: 60 ,/�S,PA CONTR SIIGG, RO1+IALVIN HOI� SUPER' l0'M,.'�O0LS SPAS' PRTEFtFALLS`- '{ pl IS CERTIFIED under tba proviaioae of Ch.489 Vs. xViration datai AUG 31, 2006 L04052000916 �u "� :STATE OF FLORI©A AC# �:°4�.9796: r:� �,.. �,. DEPARTMENIT:OF:;.BUSINESS'`:AND :PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING: BOARD SEQ#L0405.2000916 20 2004, 03067,a'642 CPC0:4.2 The COMMERCIAL'POOL/SPA CON Named below IS CERTIFIED-_ Under` the provisions dt' Ch8 Expiration date: AUG 31, 2C 9 0 4`` ... y �s� 8 r SUGG, RONALD.ANTH6NY SUPERIOR POOLS -SPAS & WATERFALLS.` 4350 WEST SUNRISE BLVD SUITE 103 PLANTATION FL 33313 JEB BUSH DIANE CARR GOVERNOR SECRETARY e.r.:� a s: ��1' �ti4�r1 nv 111M` . "a -Mon- EVINGY0 ILITY INSURANCE THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES CERTIFICATE OF LIABILITY INSURANCE DOES NOT AMEND, I DATE: (MM/DDNYYY) 08/11/2004 INSURE PRODUCER Marsh USA Inc. A: Di or BROKER: 800 Market Street Suite 2600 St, Louis, MO 63101 B: Phone: (314) 512-2415 F, INSURED: Superior Pools, Spas, & Waterfalls & D: Enterprise Rent-A-Car Company et al. L. 600 Corporate Park Drive E: St. Louis, MO 63105 THE INSURANCE POLICIES LISTED BELOW HAVE BEEN ISSUED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION CERTIFICATE OF LIABILITY INSURANCE MAY BE ISSUED OR MA SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS C REDUCED BY PAID CLAIMS. COVERAGES: INSURER TYPE OF INSURANCE POLICY NUMBEF LETTER 1 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE lOCCURENCE TOMOBILE LIABILITY Q ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS d HIRED AUTOS NON -OWNED AUTOS See Below" GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA OTHER Than UMBRELLA Form WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION: )NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS (TEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED cover Property and Casualty Ins. Co. I THE INSURED NAMED ABOVE FOR THE POLICY PERIOD LISTED, ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 'ERTAIN, THE INSURANCE AFFORDED BY THE POLICIES LISTED BELOW IS SUCH POLICIES. AGGREGRATE LIMITS SHOWN MAY HAVE BEEN EFFECTIVE DATE', EXPIRATION DATE LIMITS i Combined Single Limit: $1,000,000 D002A00180 8/14/2004 8/14/2005 Bodily Injury per Person: 124917 { Bodily Injury per Acc. P Policy provides protection for any & all operationsCobs performed by t e named insured. Certificate holder is included as an additional insured as their Interest may appea� "Any vehicle leased from Enterprise Fleet Services where the contract includes auto insurance coverage. Waiver of Subrogation included where required by written contract. Insurance is rimary and Non-contributory. Property Damage: HOLDER: PROOF OF AUTO LIABILITY INFORMATION ONLY i VENDOR I 142 GPBR: 41 AUTHORIZED REPRESENTATIVE: CANCELLATION: SHOULD ANY OF THE ABOVE 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, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON -(HE INSURER, ITS AGENTS OR REPRESENTATIVES. ® Copyright MoonL@ Enterprises 1999-2003, All Rights Reserved Form# CV1a-10/2512002 morn: rviedssa IYlorgan At: Insurance Dy Men tsrown, Inc raxlu: Hu/-ayo-u lar 10: rar uute. oicOiU" IU.00 nivl rays. c Uj d. OP ID DATE (MMroDlYYYY) ACORD_ CERTIFICATE �F LIABILITY INSURANCE SUPERI2 08/26/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance By Ken Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 540569 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1339 Arlin ton Street I ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9 Orlando FL 32805 Phone:407-849-0490 Fax:407-648-0197 superior Pools Spas & Waterfalls, Inc 5580 N.Pine Island Rd. Lauderhill, FL 33351 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Amerisure Ins Company 7 ,r 09088 INSURERB: Amerisure Mutual Ins, Co 02545 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY DATE (MM/DD/YY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR X Contractual Liab 16958 07/30/04 05/14/05 EACH OCCURRENCE $1, 0 0 0, 0 0 0 PREMISES(Ea occurence $ 50,000 MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL 3ADVINJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PET LOC PRODUCTS - COMP/OP AGG $ 2 , 0 0 0 , 0 0 0 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Es accident) i BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG •$ $ B EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMSMADE RDEDUCTIBLE X RETENTION $ 10 , 0 0 0 16959 07/30/04 05/14/05 EACH OCCURRENCE : 2 , 000 , 000 AGGREGATE $ a $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILrY ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below WC133101703 05/14/04 05/14/05 X TORY LIMITS ER E.LEACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 10 0 , 0 0 0 E.L. DISEASE -POLICY LIMIT $ 500 , 000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS rarar-w I a rIrlm --._ . -- ---'- — --_ __-- FORILLU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL For Illustrative Purposes only IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, A VREPREStNTATIVE ACORD 25 (2001108) W ► %% Wmu a Wnrwnn I �v . i 9 CPC - 042904 COMMZRCIAL 51580 N. Pine Island Road - Lauderhill, Florida 33351 Phone: 954-578-1011 - Fax: 954-578-1077 CREDIT INFORMATION MAIN OFFICE COMMERCIAL OFFICE Superior Pools, Spas & Waterfalls Inc. Superior Pools, Spas & Waterfalls Inc., Commercial 4350 W. Sunrise Blvd., Suite 103 5580 N. Pine Island Road Plantation, FL 33313 Lauderhill, FL 33351 CPC -- 042904 Phone: 954-321-9292/Fax: 954-321-9190 Phone: 954-578-1011/Fax: 954-954-578-1077 Contact: Nicki Adams Contact: Pat Roberts FEIN -- 65-0910076 OFFICERS: William Adams, President Ron Sugg, Vice President Nancy Adams, Secretary/Treasurer Bank References Southtrust 2300 N. University Dr. Sunrise, FL 33322 Account#66200403 Contact — Debbie Langston Phone: 561-509-3109 Contact — Renee Sass Phone: 561-509-3108 Trade References Horner Equipment 5755 Powerline Road Ft. Lauderdale, FL 33309 954-772-6966 954-772-6970 (FAX) Pilot Steel P.O. Box 875 Pompano, FL 33061 954-978-3615 954-978-8039 (FAX) SCP 2955 Corporate Lakes Blvd, Weston, FL 33331 888-237-5160 954-389-1547 (FAX) j Prestige Gunite 7728 C. Westport Place West Palm Beach, FL 561-478-9980 561-478-7776 (FAX) SUPERIOR POOLS, SPAS & WATERFALLS, INC. FINANCIAL STATEMENTS DECEMBER 31, 2003 E SUPERIOR POOLS, SPAS & WATERFALLS, INC. FINANCIAL STATEMENTS DECEMBER 31, 2003 01 Contents page Accountant's Review Letter.................................2 Balance Sheet..............................................3 3 Statement of Income.......................................4 Statement of Cash.Flows....................................5 mares to Financial Statements ............................6-7 �i I� to to u I a i CERTIFIED PUBLIC ACCOUNTANT 8333 W. MCNAB ROAD, SUITE 127 TAMARAC, FLORIDA 33321 TEL: (954) 742-0909 FAX: (954) 724.9963 To the Board of Directors Superior Pools, Spas & Waterfalls, Inc. I have reviewed the accompanying balance sheet of Superior Pools, Spas & Waterfalls, Inc. as of December 31, 2003 and the related statements of income and retained earnings, and cash flows for the year then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Superior Pools, Spas & Waterfalls, Inc. A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, I do not express such opinion. Based on my review, I am not aware of any material modifications that should be made _. .. _ to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. My review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be conformity with generally accepted accounting principles. The information included in the accompanying schedules of selling and administrative expenses is presented only for supplementary analysis purposes. Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and I am not aware of any material modifications that should be made to it. U a February 26, 2004 MEMBER: FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS • AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Superior Pools, Spas & Waterfalls, Inc. Balance Sheet December 31, 2003 Assets Current assets: Cash and cash equivalents $416,632 Contracts receivable 508,080 Costs and estimated earnings in excess of billings 840,647 Total current assets 1,765,359 Property and equipment: Buildings & land 835,143.00 Computer equipment 26,266 Furniture & fixtures 21,867 Office equipment 26,473 Equipment 81,096 Trucks 66,398 1,057,243 Less: Accumulated depreciation _ (f84,523) 872,720 Other asset: Deposits 10,144 Total Assets $2,648,223 Liabilities and Stockholder's Equity Current liabilities: Accounts payable 88,500 Billings in excess of costs and estimated earnings on uncompleted contracts 11,645 Customer deposits 50,000 Current portion of long term debt 56,088 206,233 Long -Term Debt 436,531 Stockholders Equity Common stock, $1 par value, 10,000 shares authorized and issued. 10,000 Additional paid -in capital 100,000 Retained earnings 1,895,459 2,005,459 Total liabilities and stockholders equity $2,648,223 See accountant's review report. 3 a II u a Superior. Pools, Spas & Waterfalls, Inc. Statement of Income and Retained Earnings For the year ending December 31, 2003 Revenues Cost of revenues Gross Profit Operating expenses: Advertising Auto and truck costs General and administrative Commissions Depreciation Employee benefit plan Equipment rentals Insurance Interest Legal and accounting Maintenance and repairs Rent Salaries -officers Salaries -office Taxes and licenses Telephone Utilities Total operating expenses Income from operations Other income: Interest income Net Income before income taxes Income taxes -federal Income taxes -state Net Income Retained Earnings -beginning of year Less: shareholder distributions Retained Earnings -end of year See accountant's review report. H $11,468,241 (7,70$,506 3,759,735 91,525 152,867 426,854 172,854 72,851 58,822 13,143 166,105 36,141 35,356 84,504 55,392 141,200 634,386 114,224 48,533 12,667 2,317,424 1,442,311 16.795 1,459,106 (126,594) (20,203) 1,312,309 583,150 0 $1,895,45_9_ r Superior Pools, Spas & Waterfalls, Inc. Statement of Cash Flows For the year ending December 31, 2003 Cash flows from operating activities: Net income Adjustments to reconcile net income to net cash provided by operating activities: Depreciation (Increase) Decrease in certain assets Contracts receivable Costs and estimated earning in excess of billings Increase (Decrease) in certain liabilities Accounts payable Accrued expense Taxes Customer deposits Billings in excess.of costs 711 J d 11 El 0 71 Net cash provided by operating activities Cash flows from investing activities: Purchase of building and equipment Net cash used in investing activities Cash flows from financing activities: Debt repayments Net cash used in financing activities Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year Supplemental disclosure of cash flow information Cash paid during year for interest See accountant's review report. 5 $1,312,309 72,851 (389,961) 137,448 1,411 (133,809) (15, 977) (176,106) (554,786) 253,380 (67,308) (67,308) (30,418) (30,418) 155,654 260,978 $416,632 $36,141 71 17 717 11 it il rl I SUPERIOR POOLS, SPAS & WATERFALLS, Inc. Notes to Financial Statements December 31, 2003 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Business Activit Superior Pools, Spas & Waterfalls, Inc., a Florida Corporation, is engaged in the residential and commercial construction of pools, spas and waterfalls. The Company's primary customers are home builders and direct retail customers. Revenue and Cost Recognition Revenues are based on the percentage -of -completion method, measured by the percentage of cost incurred to date to the estimated total cost for each contract. This method is used because management considers it to be the best available measure of progress on these contracts. Because of the inherent uncertainties in estimating costs, it is at least reasonably possible that the Company's estimates of costs and revenues will change in the near future. Pro ert and e ui meat Property and equipment are stated at cost. Depreciation for financial statement purposes is calculated using MACRS. Depreciation Depreciation is provided principally on the accelerated and straight-line methods over the estimated useful lives of the assets, which range from 5 to 39 years. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. R 17 I 0 a i� J 0 SUPERIOR POOLS, SPAS & WATERFALLS, INC Notes to Financial Statements December 31, 2003 NOTE 3. -CONTRACTS RECEIVABLE Contracts receivables consist of: Billed: Completed contracts $ - Contracts in process 508,080 $50�080 NOTE 4. COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs and estimated earnings in excess of billings $1,679,747 Billings in excess of costs and estimated earnings 839,100 $ 840,647 NOTE 5. LONG TERM DEBT Notes payable to banks: Note payable calling for monthly payments of $3,784 including interest at 7%, maturing October 8, 2017, secured by building and land. Note payable calling for monthly payments of $887 including interest at 5.475% maturing February 1, 2017 secured by building and land. Less: current portion Long-term debt maturities 7 $405,232 87,386 492,618 ( 56,088) $436,530 r City of Tamarac r Chasing and Contracts Division Idol:14=1',I.4iy1 BETWEEN THE CITY OF TAMARAC AND SUPERIOR POOLS, SPAS & WATERFALLS, INC. THIS AGREEMENT is made and entered into -this,, day of 2004 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 Superior Pools, Spas & Waterfalls, Inc., a Florida corporation with principal offices located at 4350 W. Sunrise Blvd., Suite 103, Plantation FL 33313, (the "Contractor") for the installation of a fountain and pool in Tamarac Commons Park, and to properly complete the project as specified in Bid No. 04-29B. 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. 04-29B, including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda issued prior to, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These Contract Documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the Contract Documents and Bid No. 04-29B„ as set forth below:. a) Contractor shall furnish all labor, materials, and equipment necessary as indicated in the specifications herein which at a minimum includes the installation of a 21-foot diameter, 16-inch deep fountain pool that will include a 2 ft. x 2 ft. x 2 ft. concrete pedestal in the middle as a base for an art sculpture. 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 sub - Contractors, if any, with respect to the work and services described herein. r: 7 e 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 sub -Contractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall begin after the City's issuance of a written Notice to Proceed. The Notice to Proceed will indicate a commencement date to begin the project work. Substantial completion shall be 90 calendar days from the date of Contractor's receipt of the Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Forty-seven Thousand Eight Hundred Thirty-eight Dollars and zero cents ($47,838.00). 6) Payments Payments will be made in accordance with Contract Documents and Bid No. 04-29B. 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. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, sub -Contractors, 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 (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in the Technical Specifications and the Terms and fifty of Tamarac Purchasing and Contracts Divizian Conditions to repair such defect. Contractor shall be responsible for any damages caused by said defect to any affected area or any interior structure. The one (1) year warranty period for the Project does not begin until substantial completion of the entire project and the subsequent release of the Payment and Performance Bonds which may be required by the original bid document. 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, sub -Contractors, 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. 1 p) 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 sub -contracts hereunder except sub -contracts 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 Sub -contracting 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 sub -contracted without the prior written consent of the City. of Tamarac.._-..---_. T_._---------------_ _�_ ` Furchasing Fnd Contracts Divisic;7 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either 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 Earl V. Samsell, Vice President Superior Pools, Spas & Waterfalls, Inc. 5580 N. Pine Island Rd. Lauderhill FL 33351 PH: 954-578-1011 14) Termination Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, 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. r 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. Remainder of Page Left Intentionally Blank 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 Superior Pools, Spas & Waterfalls, Inc., signing by and through its Vice President, duly authorized to execute same. TAMARAC �. C Joe Schreiber, Mayor Date ATTEST: Jeffrey L. filler, City Manager O Marion Swensorf, CMC Date City Clerk Date ATTEST: N/A (Corporate Secretary) N/A Type/Print Name of Corporate Secy (CORPORATE SEAL) / Mitchell Date Company form 9nd legpf! sufficiency: t"c/lZ/a Director Ronald Su s Type/Print Name of Director Lf — r� Date rfalls. Inc. STATE OF FLORIDA :SS COUNTY OF BROWARD : 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 Ronald Sugs, Director, of Superior Pools, Spas & Waterfalls, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 2004. Signature of Notary Public State of Florida at Large Y Patmia J Robwls My Commission DC)10„+0:i «� Fxpprift OTyoor 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. IK