HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-083Temp Reso. #10411
April 9, 2004
Page 1 of 3
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 1 TO THE
AGREEMENT WITH WEEKLEY ASPHALT PAVING, INC. FOR PHASE
5A OF THE SEVEN YEAR COMPREHENSIVE STREET
IMPROVEMENT PROGRAM; AUTHORIZING AN ADDITIONAL
EXPENDITURE IN AN AMOUNT NOT TO EXCEED $128,138.36;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 14, 2004, the City Commission executed an Agreement
between the City of Tamarac and Weekley Asphalt Paving, Inc., for Phase 5A of the
Seven year Comprehensive Street Improvement Program, a copy of said Agreement
attached hereto as Exhibit 1; and
WHEREAS, the original scope of work included the rehabilitation of 6.6 miles of
roads; and
WHEREAS, the City desires to add two roads, NW 61 Avenue (1/3 mile) and NW 57
Street (1 mile), to Phase 5A; and
WHEREAS, the unit cost for NW 61 Avenue and NW 57 Street would be consistent
with Bid No. 04-0613; and
WHEREAS, the cost of additional services attributed to this change order
necessitates an additional expenditure in an amount not to exceed $128,138.36, a copy
of Change Order Number 1 attached hereto as Exhibit 2; and
WHEREAS, available funding exists in the Public Works Streets Improvement
Project budget for said purpose; and
Temp Reso. #10411
April 9, 2004
Page 2 of 3
WHEREAS, the Director of Public Works and Purchasing & Contracts Manager
recommend the authorization of Change Order Number 1 to the Agreement with Weekley
Asphalt Paving, Inc., for Phase 5A of the Seven Year Comprehensive Street
Improvement Program in an amount not to exceed $128,138.36; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the Citizens and residents of the City of Tamarac to approve Change
Order Number 1 to the Agreement with Weekley Asphalt Paving, Inc., for Phase 5A
Seven Year Comprehensive Street Improvement Program and authorize an additional
expenditure in an amount not to exceed $128,138.36 for said purpose.
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
execute Change Order Number 1 to the Agreement with Weekley Asphalt Paving, Inc., for
Phase 5A of the Seven Year Comprehensive Street Improvement Program.
SECTION 3: An additional expenditure in an amount not to exceed
$128,138.36 for this purpose is HEREBY approved.
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are HEREBY repealed to the extent of such conflict.
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Temp Reso. #10411
April 9, 2004
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SECTION 5: If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not effect other provisions
or application, and to this end the provisions of this resolution are declared to be
severable.
SECTION G: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 28th day of April, 2004.
"x
�J E SCHREIBER
MAYOR
ATTEST:
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR SCHREIBER
CITY CLERK DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALA I, CO
DIST 3: V/M SULTANOF
:9�
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S(.KF
CITY ATTORN
EX 1317" ]_
AGREEMENT 7EMP' Moo i�_41,
BETWEEN THE CITY OF TAMARAC
AND
WEEKLEY ASPHALT PAVING INC.
THIS AGREEMENT is made and entered into this day of k.r • , 2004
by and between the City of Tamarac, a municipal corporation with principal 6fifices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Weekley Asphalt Paving, Inc,
a Florida corporation with principal offices located at 20855 S.W. 36t' Street, Weston,
Florida 33332, (the "Contractor") to provide for hot -mix asphalt laid -in -place as per the
conditions and specifications contained in Bid 04-06B, "Phase 5A Street Improvement
Program".
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 04-06B
(General, Special and other Conditions), drawings, 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 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
as set forth below:
a) Contractor shall furnish all labor, materials, and equipment necessary to provide hot -
mix asphalt laid -in -place as per the conditions and specifications contained in Bid
04-06B, "Phase 5A Street Improvement Program".
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.
3) Insurance
Contractor shall obtain at Contractor's expense all necessary insurance in such form
and amount as required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers' Compensation, Commercial
General Liability, and all other insurance as required by the City, including Professional
Liability when appropriate. Contractor shall maintain such insurance in full force and effect
during the life of this Agreement. Contractor shall provide to the City's Risk and Safety
Manager certificates of all insurances required under this section prior to beginning any
work under this Agreement. The Contractor will ensure that all subcontractors comply with
the above guidelines and will retain all necessary insurance in force throughout the term of
this agreement.
Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance. Contractor's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance retentions
on Contractor's Liability Insurance policies.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than ten (10) days after the date that Contractor
receives Purchase Order. The work shall be substantially completed no later than 120 days
from receipt of Notice to Proceed.
5) Contract Sum
The Contract Sum for the above work is Three Hundred Fifty -Four Thousand,
Five Hundred Fifty -Seven Dollars and Ninety -Seven cents ($354,557.97).
6) Payments
A monthly payment/progress payment will be made for work that is completed,
accepted and properly invoiced. The City shall pay the Contractor for work performed
subject to the specifications of the job and subject to any additions and deductions by
subsequent change order provided in the contract documents.
7) Waiver of Liens
Prior to 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 completed against defect for a period of one (1) year
from the date of completion. In the event that defect occurs during this time, Contractor
shall correct any and all defects either by repair, replacement or reaccomplishment as
determined by City. In the event such defects, as determined by the CITY, are not properly
repaired, replaced or re -accomplished, the CITY shall perform such repairs, replacements
or re -accomplishments at the Contractor's risk and cost. Contractor shall be responsible for
any damages caused by defect to affected areas or interior of structures.
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 CRy's rights
and immunities under the common law or Florida Statutes 768.28, as amended from time
to time.
10) Non -Discrimination
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their age, handicap, race, color, religion, sex, or
national origin, and to abide by all federal and State laws regarding non-discrimination. The
Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder
except subcontracts for standard commercial supplies or raw materials. Any violation of
such provisions shall constitute a material breach of this Agreement.
11) Independent Contractor
Contractor is an independent Contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to
supervision by the Contractor, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Contractor.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
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 forwhom 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
Weekley Asphalt Pavin , Inc.
20855 S.W. 36"' Avenue
Weston, FL 33332
ATTN: Daniel D. Weekle , President
14) Termination
This Agreement may be terminated by City or Contractor for cause or by the City for
convenience, upon seven (7) days 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 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.
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 CONTRACTOR, signing by and through its duly
authorized to execute same.
ATTEST:
Marion Swenson, CIVIC
City Clerk
Date
ATTEST:
Corporate Secretary
Corporate Secretary
(CORPORATE
CITY QF TAMARAC
Joe Schreiber, Mayor
J
Date
Jeffrey Ly ler, ity Manager
�0dy
Date
WeetLey Asphalt Paving,Inc.
Company Name
Daniel D. Week
President
Date f
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
.SS
COUNTY OF_&M�
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
Daniel Weekley, President of Weekley Asphalt Paving, 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 20 as
Teresa ture of Notary Public
Commission #DD221318 State of Florida at Large
Expires: Jul 16, 2007
" d ' Bonded 7bM
Atlantic Bonding
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
INVITATION TO BID
BID 04-06B .
i
Phase 5A street Improvement Pro r
gam
Issued on behalf of
the Public Works Department
City of Tamarac
Purchasing Division
7525 NW 881h Avenue
Room 108
Tamarac, Florida 33321-2401
(954) 724-2450
TABLE OF CONTENTS
Bid 04.06E
Invitationto Bid......................................................................................................2
Instructions to Bidders...........................................................................................3
General Terms and Conditions.............................................................................3
Instructions to Offerors.... ........................................
..................... ..................... 11
SpecialProvisions...............................................................................................18
Technical Specifications General Provisions
....................................................45
Technical Specifications — Pavement and Pavement Marking ............................47
Bid Coversheet Checklist....................................................................................55
BidForm, ........................................................................................................
1 of 6
Non -Collusive Affidavit...................................................................................1
of 2
Certification....................................................................................................1
of 1
Offeror's Qualification Statement...........................................................
.....1 of 5
References.....................................................................................................1
of 1
Vendor Drug -Free Workplace........................................................................1
of 1
List of Subcontractors....................................................................................1
of 1
BidBond.........................................................................................................1
of 2
CertifiedResolution........................................................................................1
of 1
FormPayment Bond......................................................................................1
of 3
FormPerformance Bond ............................................................................1
of 4
Applicationfor Payment.................................................................................1
of 1
ChangeOrder................................................................................................1
of 1
Final Release of Lien by Contractor. .....................
................... .................... 1 of 2
Standard Form of Agreement.........................................................................1
of 7
a
of TA
City of Tamarac
�< P "Committed to Excellence...Always"
Purchasing and
Contracts Division
INVITATION TO BID
BID NO.04.06E
Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward
County, Florida, will be received in the Purchasing Office, Room 108, 7525 NW 88th Avenue,
Tamarac, Florida 33321-2401 until 2:00 PM. on November 25, 2003 at which time bids will be
publicly opened and announced for:
PHASE 5A STREET IMPROVEMENT PROGRAM
Late bids will not be accepted. Official time is measured by the time stamp in the Purchasing
Office. All bids received after the date and time stated above will be returned unopened to the
Bidder. All Bidders are invited to attend the bid opening.
Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening
deadline. Two (2) photocopies should accompany your original. Bids shall be submitted on
the official Bid Form furnished with this bid package; and those submitted otherwise will not be
considered responsive. The submittal shall be plainly marked "Bid 04-06B, Phase SA Street
Improvement Program" on the outside of the envelope.
A Pre -Bid Conference will be held on November 14, 2003, at 2:00 PM in Room 105, Tamarac
Municipal Complex, 7525 NW 88`h Avenue, Tamarac, Florida_ It is strongly recommended that all
parties interested in bidding attend this meeting.
Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in
the amount of 5% of the total bid price payable to the City of Tamarac as guarantee that the
Bidder, if its Bid is accepted, will promptly execute the Agreement.
The work consists of Contractor furnishing all labor, materials, tools, and equipment necessary
to provide hot -mix asphalt laid -in -place as per the conditions and specifications contained in this
document.
The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any
informalities, and to award in the best interest of the City of Tamarac. Bid documents may be
obtained from the Purchasing office. For non -technical inquiries, contact the Purchasing Office
(954) 724-2450; and for technical issues, contact Jean Dupuis, Project Manager, at (954) 724-
1357.
Keith K. Glatz, CPPO
Purchasing & Contracts Manager
Publish Sun Sentinel: Sunday, 11/02 and 11/09/2003
7525 NW 88rh Avenue 0 Tamarac, Florida 33321.2401 ■ (954) 724-2450 • Fax (954) 724-2408 ■ www.tarnarac.org
Equol apporuniry Employer
INSTRUCTIONS TO BIDDERS
BID NO.04.06B
It is the intent of the City to award this bid to the lowest responsible and responsive bidder.
The City reserves the right to accept or reject any or all bids and to waive any informality
concerning the bids when such rejection or waiver is deemed to be in the best interest of
The City of Tamarac.
DESCRIPTION OF WORK
The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish a Unit
Price Contract for hot -mix asphalt laid -in -place as per the conditions and specifications
contained in this document.
GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all offers made to the City of Tamarac by all
prospective Bidders including but not limited to Request for Quotes, Request for Bids and
Request for Proposals. As such the words "bid" and "proposal" are used interchangeably
in reference to all offers submitted by prospective bidders.
1. SUBMISSION OF THE BID
The Bidder is directed to deliver sealed bids to the Purchasing Office, City of Tamarac,
7525 N. W. 88th Avenue, Tamarac, Florida 33321, by 2:00 PM, Tuesday,
November 25, 2003. At this time the bids will be opened, the names of all Bidders
will be announced and all bids shall be a matter of public record. All Bidders
and their representatives are invited to attend. The Bidder must show
the bid number and bid name 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 packet. The Bidder shall submit one (1) original bid document prior to
the bid opening deadline. Two (2) copies should accompany the original;
however, copies must be provided within three (3) days of the City's request.
The original bid must be manually and duly signed in ink by a Corporate Officer,
Principal, or Partner with the authority to bind the bidding company or firm by
his/her signature. All quotations must be typewritten or filled in with pen and ink.
Bids having erasures or corrections must be initialed in ink by the Bidder.
All prices, terms and conditions quoted in the submitted bid will be firm for
acceptance for ninety (90) days from the date of the bid opening unless
f. otherwise stated by the City.
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91
4.
5.
6.
7.
BID GUARANTEE
An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the
City of Tamarac in amount not less than 5 % (percent) of the bid, must
accompany the bid. Additional bonding may be required in the Special Terms
and Conditions of this invitation. A Bid 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.
WITHDRAWAL OF BID
Any Bidder may withdraw its bid prior to the indicated opening time. The request
for withdrawal must be submitted in writing to the City Purchasing Office.
PUBLIC ENTITY CRIMES FORM
A person or affiliate who has been placed on the convicted vendor list following
a conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a Contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for
Category Two for a period of 36 months from the date of being placed on the
convicted vendor list_
NON -COLLUSIVE AFFIDAVIT
Each Contractor shall complete the Non -Collusive Affidavit and shall submit the
form with the 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.
QUANTITIES
If bid contains quantities, they reflect 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.
PRICES, PAYMENTS AND DISCOUNTS
Bid prices shall be fixed and firm to the extent required under Special
Conditions. Payment will be made only after receipt and acceptance of
materials/services. Cash discounts may be offered for prompt payment;
however, such discounts shall not be considered in determining the lowest net
cost for bid evaluation. Bidders are encouraged to provide prompt payment
terms in the space provided on the Bid Form. If no payment discount is offered,
the Bidder shall enter zero (0) for the percentage discount to indicate net 30
4
days. If the Bidder does not enter a percentage discount, it is understood and
agreed that the payment terms shall be 2% 10 days, net 30 days effective on
the date that the City receives an accurate invoice or accepts the product,
whichever is the later date. Payment is deemed to be made on the date of the
mailing of the check.
8. DELIVERY
All items shall be delivered F.O.B. destination to a specific City of Tamarac
address. All delivery cost and charges must be included in the bid price.
Substantial completion of the project shall be within 120 calendar days
from receipt of Notice to Proceed. Final completion shall be within 30 days
of the date for Substantial completion.
9. BRAND NAMES
Manufacturers' name, brand name, model number or make is used in these
specifications for the sole purpose of establishing minimum requirements of
quality, performance and design. Approved equal is added to the specifications
to avoid ruling out qualified competition. Where equal is bid, the Bidder must
submit specifications in detail and/or samples to the Consultant within seven (7)
days of bid opening. The City or the City's designated project manager shall be,
the sole judge determining equality issues.
10. 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.
11. CONDITIONS OF MATERIALS
All materials and products supplied by the Bidder in conjunction with this bid
shall be new, warranted for their merchantability, fit for a particular purpose, free
from defects and consistent with industry standards. The products shall be
delivered to the City in excellent condition. In the event that any of the products
supplied to the City are found to be defective or do not conform to the
specifications, the City reserves the right to return the product to the Bidder at
no cost to the City.
12. COPYRIGHTS OR PATENT RIGHTS
The Bidder warrants that there has been no violation of copyrights or patent
rights in manufacturing, producing or selling the goods shipped or ordered as a
result of this bid. The seller agrees to hold the City harmless from all liability,
loss or expense occasioned by any such violation.
13. SAFETY STANDARDS
The Bidder warrants that the product(s) supplied to the City conforms in all
respects to the standards set forth in the Occupational Safety and Health Act
and its amendments to any industry standards if applicable. In compliance with
Chapter 442, Florida Statutes, any toxic substance delivered from a contract
resulting from this bid must be accompanied by a Material Safety Data Sheet
(MSDS). A Material Safety Data Sheet should also be submitted to the City cf
Tamarac Risk Management Division, 7525 NW 88'h Avenue, Tamarac FL
33321-2431.
14. PERFORMANCE
Failure on the part of the Bidder to comply with the conditions, terms,
specifications and requirement of the bid shall be just cause for the cancellation
of the bid award. The City. may, by written notice to the Bidder, terminate the
contract for failure to perform. The date of termination shall be stated in the
notice. The City shall be the sole judge of nonperformance.
15. DEFAULT
In the event that the Bidder defaults on the contract or the contract is terminated
for cause due to performance, the City reserves the right to obtain the materials
or services from the next lowest Bidder or other source during the remaining
term of the contract. Under this arrangement the City will charge the Bidder any
excess cost occasioned or incurred thereby and shall apply to any bid bond
required.
16. TERMINATION FOR CONVENIENCE OF CITY
Upon seven (7) calendar days written notice delivered by certified mail, return
receipt requested, to the Bidder, the CITY may without cause and without
prejudice to any other right or remedy, terminate the agreement for the CITY's
convenience whenever the CITY determines that such termination is in the best
interest of the CITY. Where the agreement is terminated for the convenience of
the CITY the notice of termination to the Bidder must state that the contract is
being terminated for the convenience of the CITY under the termination clause
and the extent of termination. Upon receipt of the notice of termination for
convenience, the Bidder shall promptly discontinue all work at the time and to
the extent indicated on the notice of termination, terminate all outstanding sub -
Contractors and purchase orders to the extent that they relate to the terminated
portion of the Contract and refrain from placing further orders and sub -contracts
except as they may be necessary, and complete any continued portions of the
work. In the event that the Contractor abandons this Agreement or causes it to
be terminated, Contractor shall indemnify the City against loss pertaining to this
termination.
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
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requirements herein contained, if such neglect or failure shall continue for a
period of thirty (30) days after receipt by Contractor of written notice of such
neglect or failure.
17. ASSIGNMENT
The Bidder shall not transfer or assign the performance required by this bid
without the prior written consent of the City. Any award issued pursuant to this
bid and monies that may become due hereunder are not assignable except with
prior written approval of the City.
18. EMPLOYEES
Employees of the Bidder shall at all times be under its sole direction and not an
employee or agent of the City. The Bidder shall supply competent and
physically capable employees. The City may require the Bidder to remove an
employee it deems careless, incompetent, insubordinate or otherwise
objectionable. Bidder shall be responsible to the City for the acts and omissions
of all employees working under its directions.
19. TAXES
The City of Tamarac is exempt from all Federal, State, and Local taxes. An
exemption certificate will be provided where applicable upon request.
20. BID PREPARATION EXPENSE
The Bidder preparing a bid in response to this bid shall bear all expenses
associated with its preparation. The Bidder shall prepare a bid with the
understanding that no claim for reimbursement shall be submitted to the City for
the expense of bid preparation and/or presentation.
21. SITE INSPECTION
It shall be the responsibility of the Bidder to inspect the site before submission of
bids. No plea of ignorance by the Bidder of conditions that exist or that may
hereafter exist as a result of failure to fulfill the requirements of this contract will
be accepted as the basis for varying the requirements of the City or the
compensation to the Bidder.
22. OMISSION OF DETAILS
Omission of any essential details from these specifications will not relieve the
Bidder of supplying such product(s) as specified.
23. INSURANCE REQUIREMENTS
Bidder agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations now in
effect, or hereinafter enacted during the term of this agreement that are
applicable to Contractor, its employees, agents, or subcontractors, if any, with
respect to the work and services described herein.
Bidder shall obtain at Bidder's expense all necessary insurance in such form
and amount as required by the City's Risk & Safety Manager before beginning
work under this Agreement. Bidder shall maintain such insurance in full force
and effect during the life of this Agreement, Bidder shall provide to the City's
Risk & Safety Manager certificates of all insurance required under this section
prior to beginning any work under this Agreement. Bidder shall indemnify and
save the City harmless from any damage resulting to it for failure of either
Bidder or any subcontractor to obtain or maintain such insurance.
The following are required types and minimum limits of insurance coverage that
the Bidder agrees to maintain during the term of this contract:
Line of Business/ Coverage
Commercial General Liability
Limits
Occurrence Aggregate
$1,000,000 $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability . $1,000,000 $1,000,000
Workers' Compensation & Employer's Statutory
Liability
Installation Floater/Builder's Risk Insurance: in an amount not less than
the replacement cost for the construction of the work. Coverage shall be
"All Risk" coverage for one hundred (100%) of the completed value with a
deductible of not more than $5,000 (five thousand dollars) per claim,
The City reserves the right to require higher limits depending upon the scope of
work under this Agreement.
Neither Bidder nor any subcontractor shall commence work under this contract
until they have obtained all insurance required under this section and have
supplied the City with evidence of such coverage in the form of an insurance
certificate and endorsement. The Bidder will ensure that all subcontractors will
comply with the above guidelines and will maintain the necessary coverages
throughout the term of this Agreement. All insurance carriers shall be rated at
least A-VII per Best's Key Rating Guide and be licensed to do business in
Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty
(60) days notice prior to cancellation. The Bidder's liability insurance policies
shall be endorsed to add the City of Tamarac as an "additional insured". The
a
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.
24. INDEMNIFICATION
The Bidder shall indemnify and hold harmless the City of Tamarac, its elected
and appointed officials and employees from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with
loss of life, bodily or personal injury, or property damage, including loss of use
thereof, directly or indirectly caused by, resulting from, arising out of or occurring
in connection with the operations of the Bidder or his Subcontractors, agents,
officers, employees or independent Contractors, excepting only such loss of life,
bodily or personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City of Tamarac or its elected or
appointed officials and employees.
25. CLARIFICATION TO TERMS AND CONDITIONS
Where there appears to be variances or conflicts between the General Terms
and Conditions and the Special Conditions and/or Detailed Specifications
outlined in this bid, the Special Conditions and/or the Detailed Specifications
shall prevail.
The Bidder shall examine all bid documents and shall judge all matters relating
to the adequacy and accuracy of such documents. Any inquires, suggestions,
request concerning clarification or solicitation for additional information shall be
submitted in writing to the City of Tamarac Purchasing and Contract Manager,
The City shall not be responsible for oral interpretations given by any City
employee or its representative.
26. BID TABULATION
Bidders who wish to receive a copy of the bid tabulation can submit an e-mail to
Purchasing cDtamarac.orq. Or, Bidders may download bid results from the City's
website at httg://www.tmarac.org/Dect/fiin/purch/resuIts.html. Bid results will not
be given out by telephone. The City does not notify unsuccessful bidders of
contract awards.
27. RECORDS/AUDITS
The Contractor shall maintain during the term of the contract all books, reports
and records in accordance with generally accepted accounting practices and
standards for records directly related to this contract. The form of all records and
reports shall be subject to the approval of the City's Auditor, The Contractor
28.
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.
LICENSES
To be eligible for award of this project, the Contractor must possess at time of bid
opening, one of the following State Certified and/or County Competency licenses:
State of Florida license for either General Contracting or Engineering; or,
• Broward County Engineering license.
FA
1.
PA
INSTRUCTIONS TO OFFERORS
BID 04-06B
PHASE 5A STREET IMPROVEMENT PROGRAM
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'S RESPONSIBILITY
Contractor shall provide sufficient manpower so as to perform work safely and
expeditiously with all equipment plainly marked with the company name. All
equipment provided pursuant to this agreement shall be in good and proper
working order.
No work shall be performed before 8:00 AM. Exceptions to this schedule can
only be made with the prior approval of the City in writing. The Contractor shall
provide a qualified foreman present on the site at all times, as a fully authorized
agent of the Contractor, and capable of making on -site decisions. The
Contractor shall be aware that the job site is not secure, and as such is subject
to pedestrian traffic at all times of the day and night. It shall be the responsibility
of the Contractor to secure the job site at all times during and after construction
to protect the general public from harm, and remove from the job site and
properly dispose of all residues at the end of each and every workday. No
unsecured materials or equipment are to be on site at night or over a weekend,
unless arrangements have been made with and prior approval obtained from
applicable City personnel in writing. No materials or equipment are to be stored
so as to restrict traffic lines of sight. Any materials or equipment left on site shall
be secured by the Contractor, who is fully and totally responsible for security.
Loss of materials or equipment due to theft, vandalism, etc. shall be the
responsibility of the Contractor. Any material left on site overnight shall be
properly marked and identified in order to ensure public safety.
3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities,.
utilities, irrigation systems, windows, and vehicles on or around the job site.
Damage to public and/or private property shall be the responsibility of the
Contractor and shall be repaired and/or replaced in equal or better condition at
no additional cost to the City. The Contractor shall use all means to protect
existing objects, structures and vegetation designated to remain. In the event of
damage, immediately make all repairs, replacements and dressings to
damaged materials, to the approval of the City, at no additional cost to the City.
In the event of damage to public and/or private property, the Contractor shall
immediately contact the City's Utilities Engineering Department by telephone at
(954) 724-2506 or assigned project manager and inform the appropriate staff
member about the location and extent of the damages.
4. PERMITS AND LICENSES
The Contractor shall be responsible for securing all City Building permits.
However, all City permit fees are waived. The Contractor shall submit copies of
all permits required for this work. The Contractor shall be responsible to secure
the necessary construction permits from other agencies as identified in the
Technical Specifications. Cost of permits from agencies other than the City, will
be reimbursed by City without markup, for properly submitted invoices. Permit
fees shall be reimbursed by payment through the Contingency Allowance, if
applicable.
5. SITE INSPECTION -- CONTRACTOR
It shall be the full responsibility of the bidder to visit and inspect the proposed
construction site as shown on the engineering plans prior to the submission of a
bid. No variation in price or conditions shall be permitted based on a claim of
ignorance.
Submission of the bid is evidence that the bidder has familiarized him/herself
with the nature and extent of the work, and the equipment, materials, and labor
requirements. Should the bidder see any problem, the bidder is to bring the
problem to the attention of the City immediately.
6, SITE INSPECTION — CITY
All work will be conducted under the general direction of the either the City's
hired consultant for this project, and/or project management of the City's Utilities
Department 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 proper written authorization from the
project manager/consultant 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, 7.30
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
q. rL
site for each day, If site closure has taken place after 4:30 Pti1, 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 Award.
8. WAIVER OF LIENS
Prior to Final Payment of the Contract Sum, a final waiver of lien shall be
submitted by all suppliers, subcontractors, and/or Contractors who worked on
the project that is subject of the Agreement. Payment of the invoice and
acceptance of such payment by the Contractor shall release the CITY from all
claims of liability to the Contractor in connection with the Agreement.
9. PAYMENT
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of 10% will be deducted from monthly payment.
Retainage monies will be released upon satisfactory completion and final
inspection of 'this project. Invoices must bear the project name, project number,
bid number and purchase order number. The City has up to thirty (30) days to
review, approve and pay all invoices after receipt. The Contractor shall invoice
the City and provide a written request to the City to commence the one-year
warranty period, All necessary Release of Liens and Affidavits shall be
processed before the warranty period.
10. CONTRACT DOCUMENTS
The contract documents shall consist of the Standard Form Of Agreement, Bid
Proposal executed and submitted by the Contractor, project specifications,
plans and specifications (where applicable), any addendums or change orders,
bond(s), insurance certificate(s), and the City Resolution awarding the bid.
11. CHANCE ORDERS
Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to the change order until a
change order setting forth the adjustments is approved by the City, and
executed by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work.
CHANGES IN THE WORKICONTRACT PRICE
12. CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at his expense without change in the Contract Price or Time
except as approved in writing by the Project Manager,
12.1 Change Order
The Contract Price and/or Time may only be changed by a Change Order.
A fully executed change order for any extra work must exist before such
extra work is begun. Any claim for an increase or decrease in the Contract
Price shall be based on written notice delivered by the party making the claim to
the other party promptly (but in no event later than 15 days) after the occurrence
of the event giving rise to the claim and stating the general nature of the claim.
The amount of the claim with supporting data shall be delivered (unless the
Engineer allows an additional period of time to ascertain more accurate data in
support of the claim) and shall be accompanied by claimant's written statement
that the amount claimed covers all known amounts to which the claimant is
entitled as a result of the occurrence of said event. No claim for an adjustment
in the Contract Price will be valid if not submitted in accordance with this
Paragraph.
CHANGES IN CONTRACT TIME
13. CHANGE ORDER
The Contract Time may only be changed by a Change Order. A fully executed
change order must exist prior to extension of the contract time.
13.1 Notice
Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party at least fifteen (15)
days prior to the substantial completion date of the project. Notice of the extent
of the claim shall be delivered with supporting data and stating the general
nature of the claim. Contractor hereby agrees to waive rights to recover any lost
time or incurred costs from delays unless Contractor has given the notice and
the supporting data required by this Paragraph.
13.2 Basis for Extension
Extensions of time shall be considered and will be based solely upon the effect
of delays to the work as a whole. Extensions of time shall not be granted for
delays to the work, unless the Contractor can clearly demonstrate that such
delays did or will, in fact, delay the progress of work as a whole. Time
extensions shall not be allowed for delays to parts of the work that are not on
the critical path of the project schedule. Time extensions shall not be granted
1.4
r
until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
14. CITY'S OPTION
In the event satisfactory adjustment cannot be reached by the City and the
Contractor for any item requiring a change in the contract, and a change order
has not been issued, the City reserves the right at its sole option to terminate
the contract as it applies to these items in question and make such
arrangements as the City deems necessary to complete the work. The cost of
any work covered by a change order for an increase or decrease in the contract
price shall be determined by mutual acceptance of a lump sum by the City and
Contractor. If notice of any change in the contract or contract time is required to
be given to a surety by the provisions of the bond, the giving of such notice shall
be the Contractor's responsibility, and the amount, of each applicable bond shall
be adjusted accordingly. The Contractor shall fumish proof of such adjustment
to the CITY. Failure of the Contractor to obtain such approval from the Surety
may be a basis for termination of this Contract by the CITY.
15. LIQUIDATED DAMAGES
Upon failure of Contractor to complete the work within the time specified for
completions, (plus approved extensions if any), Contractor shall pay City the
sum of $500.00 for each calendar day that the completion of the work is
delayed beyond the time specified in the contract for completion, as fixed and
agreed liquidated damages, and not as a penalty. Liquidated damages are
hereby fixed and agreed upon between the parties, recognizing the impossibility
of precisely ascertaining the amount of damages that will be sustained by City
as a consequence of such delay and both parties desiring to obviate any
question of dispute concerning the amount of said damages and the cost and
effect of the failure of Contractor to complete the contract on time. Regardless of
whether or not a single Contract is involved, the above -stated liquidated
damages shall apply separately to each portion of the work for which a time of
completion is given. City shall have the right to deduct from and retain out
moneys which may be due or which may become due and payable to
Contractor, the amount of such liquidated damages and if the amount retained
by City is insufficient to pay in full such liquidated damages, Contractor shall pay
in full such liquidated damages. Contractor shall be responsible for reimbursing
City, in addition to liquidated damages or other per day damages for delay, for
all costs of engineering, architectural fees, and inspection and other costs
incurred in administering the construction of the project beyond the completion
date specified or beyond an approved extension of time granted to Contractor
whichever is later.
These liquidated damages will not prohibit City from recovering ascertainable
actual damages incurred as a result of the same delay to which the liquidated
damages apply. Contractor may be liable for both liquidated damages as stated
herein, and for excess completion costs of this project, In the event Contractor
has been either terminated from or has abandoned the project prior to
completion, this liquidated damages clause is still applicable to hold Contractor
liable for the liquidated damages.
16. BONDS
The Contractor shall furnish separate Performance and Payment Bonds in the
amount of 100% of the total bid award amount as security for the faithful project
performance and payment of all of the Contractor's obligations under the
contract documents, per City Code Section 10-156, At the completion and
formal approval and acceptance of all work associated with the project, a one
year warranty period will begin. At this time, a warranty bond in an amount not
less than 25% of the final contract amount must be submitted.
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 amount. The Performance Bond shall
be conditioned that the Successful Bidder performs the contract in the time and
manner prescribed in the contract. The Payment Bond shall be conditioned that
the Successful Bidder promptly make payments to all persons who supply the
Successful Bidder in the prosecution of the work provided for in the contract and
shall provide that the surety shall pay the same in the amount not exceeding the
sum provided in such bonds, together with interest at the maximum rate allowed
by law and that they shall indemnify and save harmless the CITY to the extent
of any and all payments in connection with the carrying out of said contract
which the CITY may be required to make under the law.
Such bonds shall continue in effect for one (1) year after final payment becomes
due except as otherwise provided by law or regulation or by the Contract
Documents with the final sum of said bonds reduced after final payment to an
amount equal to twenty five percent (25%) of the Contract price, or an additional
bond shall be conditioned that the Successful Bidder correct any defective of
faulty work or material which appear within one (1) year after final completion of
the Contract, upon notification by CITY. The Warranty Bond shall cover the cost
of labor as well as materials.
tF"
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18. LOCATION OF EXISTING UTILITIES
Existing utilities may be shown on the drawings. Such information is shown for
design purposes and the existing and detail given is information that is obtained
during the design period and is not necessarily complete, correct or current.
Prior to commencement of construction, the Contractor is responsible to locate
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 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.
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 utilities 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 in writing seven (7) working days prior to the
scheduled construction.
The engineer may revise the proposed design or recommend ways and means
to avoid such conflicts. The Contractor may re -schedule his work so that the
construction can be completed on time. No claim for down times by the
Contractor shall be allowed.
20. CONTINGENCY ALLOWANCE
A contingency has been allowed for this project in the amount identified in the
Bid Schedule. The Contractor is not to use this contingency allowance without
written permission from the City and upon written justification to the City for such
use.
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SPECIAL PROVISIONS
PURPOSE OF BID
The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish
a Unit Price Contract for hot -mix asphalt laid -in -place as per the conditions and
specifications contained in this document,
The City of Tamarac is undertaking a Seven -Year Comprehensive Street
Improvement Program, Under this program all city streets (approximately 125
miles) will be resurfaced. The Program Started in 1998 and shall continue until
2005. Quantities in this contract include Phase V-A, which shall consist of
approximately 6.6 miles of residential road as shown in Table 1, and Figure 1.
Phase V-A shall be completed within 120 days from the Notice to Proceed.
2. BASIC DEFINITIONS
Wherever used in the Agreement or in other Contract Documents, the following
terms have the meanings indicated which are applicable to both the singular and
Plural thereof:
2.1 Addenda — Written or graphic instruments issued prior to the opening
of Bids which clarify, correct, or change the bidding requirements or
the contract document.
2.2 Agreement — The written agreement between the CITY and
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 Engineer/Project
Manager which is used by 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 CONTRACTOR and
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 the
Drawings, Bidding Requirements, Non -Collusion Affidavit, Public Entity
Crimes Form, 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.
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
Engineer's/Project Managers written recommendation of final payment.
2.8 Defective — An adjective which when modifying the Work refers to
Work that is unsatisfactory, faulty or deficient, or does not conform to
the Contract 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 Work
to be performed and 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 "Project Manager" are used
interchangeably.
2.12 Field Order — A written order issued by Engineer/Project Manager that
requires minor changes in the Work but does not involve a change in
Contract Price or Contract Times.
2.13 FDOT —The State of Florida Department of Transportation.
2.14 Milestone — A principal event specified in the Contract Documents
relating to an intermediate complete date or time prior to Substantial
Completion of all the Work.
2.15 Notice to Proceed — A written notice given by CITY to CONTRACTOR
fixing the date on which the Contract Time will commence to run and
on which CONTRACTOR shall start to perform 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
*J
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 CONTRACTOR or with any other Subcontractor for the
performance of a part of the Work at the site.
2.19 Substantial Completion — "Substantial Completion" means the
finishing or accomplishing of substantial performance of the Work as
proscribed in the Contract Documents. "Substantial Performance"
means that there has been no willful departure from the terms of the
Contract Documents and the Work has been honestly and faithfully
performed in its material and substantial particulars, The term "Final
Completion" means the CITY'S acceptance of the job.
2.20 Supplier — A manufacturer, fabricator, supplier, distributor,
materialman or vendor.
2.21 Unit Price Work — Work to be paid for on the basis of unit prices.
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 CONTRACTOR
issued on or after the effective date of the Agreement and signed by
CITY and recommended by 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 CITY and 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 govem in
the following order of precedence:
4.
5.
6.
a)
b)
c)
d)
Special Provisions
Technical Specifications
Instructions to Bidders and General Terms and Conditions
Agreement
As between schedules and information given on Drawings, the schedules shall
govern, as between figures given on Drawings and the scale measurements, the
figures shall govern; as between large-scale drawings and small-scale drawings,
the larger scale drawings shall govern.
INTENT
It is the intent of the Contract Documents to describe a functionally complete
Project in accordance with the Plans and Specifications. Any Work, materials or
equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result will be supplied whether or not specifically
called for. When words, which have a well-known technical or trade meaning are
used to describe Work, materials or equipment such words shall be interpreted in
accordance with that meaning, Reference to standard specifications, manuals or
codes of any technical society, organization or association, or to the laws or
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
CITY, CONTRACTOR, or any of their consultants, agents or employees from those
set forth in the Contract Documents.
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 ENGINEERIPROJECT MANAGER'S approval of a shop drawing or
sample; or
5.2 ENGINEERIPROJECT MANAGER'S written interpretation or
clarification.
CONTRACT PERIOD
The City term is currently anticipated to be 120 days following the issuance of the
City's Notice to Proceed. The City reserves the right to grant extensions of contract
time in the event that delays occur due to no fault of the Contractor.
7. CONTRACTOR'S RESPONSIBILI
7.1 Contractor shall provide sufficient manpower so as to perform work
safely and expeditiously with all equipment plainly marked with the
company name. All equipment provided pursuant to this agreement
shall be in good and proper working order.
7.2 The Contractor shall provide a llualifiied,
superintendent present on the site at all times, The English superintendent
shall be a fully authorized agent of the Contractor, and have full
authority to make on -site decisions and commitments regarding the
Contractors Work.
7.3 The superintendent shall be satisfactory to the City and shall not be
changed except with consent of the Engineer/Project Manager,
7.4 The Contractor shall assign to the work site at least one (1) supervisor
at all times who shall be FOOT Certified Asphalt Technician and
capable of making held decisions, interpreting plans, etc. The
Contractor shall also provide suitable personnel who shall be available
for after work hour emergencies and capable of making appropriate
decisions.
7.5 The Contractor shall supply competent and physically capable
employees having the requisite skill and experience to perform the
work in a workmanlike manner. The City may require the Contractor to
remove any employee working for or under Contractor that the City
deems careless, incompetent, insubordinate or otherwise
objectionable. Contractor shall be responsible to the City for the acts
and omissions of all subcontractors and personnel working under
Contractor.
7.6 The Contractor shall be aware that the job is subject to vehicular and
pedestrian traffic at all times of the day and night. It shall be the
responsibility of the Contractor to secure the job site at all times during
and after construction to protect the general public from harm, and
remove from the job site and properly dispose of all residues at the end
of each and every workday. No unsecured materials or equipment are
to be on site at night or over a weekend, unless arrangements have
been made with and prior approval obtained from applicable
representative of the City of Tamarac in writing. No materials or
equipment are to be stored so as to restrict traffic lines of sight, The
Contractor, who is fully and totally responsible for security, shall secure
any materials or equipment left on site.
7.7 Loss of materials or equipment due to theft, vandalism, etc, shall be
the responsibility of the Contractor. Any material left on site overnight
shall be properly marked and identified in order to ensure public safety.
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7.8 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. Contractor is responsible for making or
causing to be made any examinations, investigations, tests and studies
as it deems necessary for the performance of the Work at the Contract
Price, within the Contract Time, and in accordance with other terms
and conditions of the Contract Document.
7.9 Before beginning the Work or undertaking each component part of the
Work, Contractor shall carefully study the Contract Documents, Special
Conditions, Technical Specification, all pertinent figures and site
conditions. Contractor shall promptly report in writing to
Engineer/Project Manager and City any conflict, error or discrepancy
which Contractor may discover and shall obtain a written interpretation
or clarification from Engineer/Project Manager before proceeding with
any Work affected thereby.
7.10 The Contractor shall assist the City and Engineer/Project Manager in
filing documents required to obtain necessary approvals of
governmental authorities having jurisdiction over the Project.
7.11 Unless otherwise provided in the Contract Documents, the Contractor
shall provide or cause to be provided and shall pay for labor, materials,
equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation and other facilities and services necessary for
proper execution and completion of the work, whether temporary or
permanent and whether or not incorporated or to be incorporated in the
Work.
7.12 The Contractor shall be responsible for and shall coordinate all
construction means, methods, techniques, sequences and procedures.
7.13 The Contractor shall keep the City and Engineer/Project Manager
informed of the progress and quality of the Work.
7.14 If requested in writing by the Contractor, the City, with reasonable
promptness and in accordance with time limits agreed upon, shall
interpret the requirements of the Contract Documents and shall decide
(subject to other provisions in the Contract Documents governing
claims, disputes and other matters in question) matters relating to
performance. Such interpretations and decisions shall be in writing.
7.15 The Contractor shall correct all Work, which does not conform to the
Contract Documents.
7.16 The Contractor warrants to the City that materials and equipment
incorporated in the work will be new unless otherwise specified, and
that the Work will be of good quality, free from faults and defects, and
in conformance with the Contract Documents.
7.17 The Contractor shall pay all applicable sales, consumer, use and
similar taxes, and shall secure and pay for permits and governmental
fees, licenses and inspections necessary for the proper execution and
completion of the Work. The Contractor shall identify all governmental
authorities and agencies having jurisdiction to approve the
construction, and obtain all permits and approvals with such
governmental authorities as have jurisdiction, and assist City in
consultations with appropriate governmental authorities and agencies
in obtaining all permits and approvals.
7.18 Without limiting the foregoing, 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 fees the City is required to remit to
other governmental agencies.
7,19 The Contractor shall give notices and comply with laws, ordinances,
rules, regulations and lawful orders of public authorities relating to the
Project.
7.20 The Contractor shall be responsible to the City for acts and omissions
of the Contractor's employees and parties in privity of contract with the
Contractor to perform any portion of the Work, including their agents
and employees.
7.21 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
City Manager or designee identified as such in writing in accordance
with contract Documents.
7.22 The Contractor shall maintain in good order 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.
8. FAMILIARITY WITH THE TOTAL SCOPE OF PROJECT AND STREETS
8.1 The Contractor shall be familiar with the total scope of the project,
interpretation of the plans/drawings, if any, and the streets prior to
commencement of any work. City will not provide any elevations for
reference. Contractor shall be responsible for all layout including
establishing proper grades to maintain or improve the existing
stormwater flow. In case of any questions or conflict, they must be
brought to the attention of the Project Manager prior to any work. If
further assistance is needed, the Contractor may contact the Director
of Public Works. The City shall not be responsible for Contractor's
failure to comply with this requirement.
8.2 Contractor shall be responsible for locating all utilities that may
interfere with this resurfacing program. Contractor shall be responsible
for repair and restoration of all utilities and utilities agaurtenances or
any other items damaged duriqg. resurfacing.
8.3 By execution of the Agreement, Contractor acknowledges that all
requirements and conditions necessary to fulfill this Contract have
been met. No contract adjustments shall be allowed for concealed site
conditions.
9. SHOP DRAWINGS AND SAMPLES
9.1 Within fourteen (14) calendar days after issuance of the Notice to
Proceed, Contractor shall submit to 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
Engineer/Project Manager to review the information as required.
9.2 Contractor shall also submit to Engineer/Project Manager for review
and approval with such promptness as to cause no delay in Work, all
samples required by the Contract Documents and each sample shall
be identified clearly as to material, Supplier, pertinent data such as
catalog numbers and the use for which intended.
9.3 Before submission of each Shop Drawing or sample, Contractor shall
have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog
numbers and similar data with respect thereto and reviewed or
coordinated each Shop Drawing or sample with other Shop Drawings
and samples and with the requirements of the Work and the Contract
Documents.
9.4 At the time of each submission, Contractor shall give 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 Engineer/Project Manager
for review and approval of each such variation. Failure to point out
such departures shall not relieve Contractor from his responsibility to
comply with the Contract Documents.
9.5 Approval of the Shop Drawings by Engineer/Project Manager shall be
general and shall not relieve 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 for by any Shop Drawing(s) shall be done until the
Engineer/Project Manager has approved the drawing(s). The costs
incurred for the City Engineer/Project Manager's review of shop
drawings, substitutes, "or equal" items, or change orders shall be paid
by the Contractor.
10. SUBCONTRACTORS SUPPLIERS AND OTHERS
10.1 The Contractor shall furnish, in writing on the form included, the names
of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal
portion of the Work. Contractor shall not change a Subcontractor,
person or entity previously selected if City makes reasonable objection
to such change.
10.2 Contractor shall be fully responsible to City for all acts and omissions
of the Contractor's employees, subcontractors, suppliers and other
persons directly or indirectly employed by his subcontractors,
suppliers. Additionally, acts of other persons and/or organizations
performing or furnishing work under a direct or indirect contract with
the Contractor may be liable. Nothing in the Contract Documents shall
create any Contractual relationship between City and any such
subcontractor, supplier, or other person or organization, nor shall it
create any obligation on the part of City to pay or to see to the payment
of any moneys due to any such subcontractor, supplier, or other
person or organization except as may otherwise be required by laws
and regulations.
11. CITY'S RESPONSIBILITIES
11.1 The City shall designate a representative authorized to act on the
City's behalf with respect to the Project. The City or such authorized
representative shall examine documents submitted by the Contractor
and shall promptly render decisions pertaining thereto to avoid delay in
the orderly progress of the Work.
11.2 The City may appoint an on -site Project representative to observe the
Work and to have such other responsibilities, as the City deems
necessary.
11,3 The City shall cooperate with the Contractor in securing building and
other permits, licenses and inspections.
11.4 If the City observes or otherwise becomes aware of a fault or defect in
the Work or nonconformity with the Contract Documents, the City shall
give prompt written notice thereof to the Contractor.
11.5 The City shall furnish required information and services and shall
promptly render decisions pertaining thereto to avoid delay in the
orderly progress of the design and construction.
11.6 The City shall communicate with subcontractors only through the
Contractor.
11.7 City shall furnish data required of City under the Contract Documents
promptly.
11.8 Except for permits and fees, which are the responsibility of Contractor,
City shall secure and pay for necessary approvals, easements,
assessments and charges required for construction, use or occupancy
of permanent structures or permanent changes in existing facilities.
11,9 If the Work is defective, or 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, City may order Contractor to stop the
Work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of City to stop the work shall not be
cause for a time extension of contract.
12. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES
12.1 Engineer/Project Manager or his designee will be City's representative
during the construction period and until final payment is due.
12.2 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 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, Engineer/Project Manager shall
keep City informed of the progress of the Work and shall endeavor to
guard City against defects and deficiencies in the Work, .
12.3 The Engineer/Project Manager will issue technical clarifications and
interpretations, with reasonable promptness. Should Contractor fail to
request interpretation of items Contractor determines to be
questionable in the Contract Documents neither City nor
Engineer/Project Manager will, thereafter entertain any excuse for
27
failure to execute the Work in a satisfactory manner based upon such
a reason or claim-
12.4 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
City, and also on Contractor who shall perform the Work involved
promptly.
12.5 Engineer/Project Manager or Designee will have the authority to
disapprove or reject Work that Engineer/Project Manager believes to
be defective, and will also have authority to require special inspections
or testing of the Work whether or not the Work is fabricated, installed
or completed,
13• AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL
Although the City will make every effort to provide suitable areas, including public
right-of-way, to store equipment and material it shall be Contractor's responsibility
to find and secure suitable and safe locations for this purpose. Restoration of all
storage areas shall be Contractor's responsibility.
Woodlands is an older subdivision where right-of-way space is limited to the
general width of the road. Staging areas will be difficult to establish and will have
to be identified prior to the beginning of work. Contractor must coordinate his
efforts with the Woodlands Homeowners Association and Golf Course
Organization members to find acceptable storage locations.
14. CLEANUP AND RESTORATION
14.1 During and after completion of all asphalt work, the Contractor shall be
responsible for all cleanup including but not limited to sweeping,
cleaning and removal of dust and loose material. Leftover or
excessive emulsion, asphalt, aggregate, etc. must be completely
removed from the work and other affected areas at no expense to the
City. It shall be 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 Contractor's expense.
14.2 Contractor shall be responsible for the proper and legal removal and
disposal of all construction debris.
14.3 The project site and all adjacent areas shall be maintained in a neat
and clean manner, and upon final cleanup, the project site shall be left
clear of all surplus material and debris. Paved areas shall be swept
clean.
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14.4 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 City's
written notice.
14.5 In the event that the Contractor does not comply, the City may correct
such deficiencies. In such case, an appropriate Change Order shall
be issued deducting from payments then or thereafter due the
Contractor costs of correcting such deficiencies. If the payments then
or thereafter due the CONTRACTOR are not sufficient to cover the
amount of the deduction, the Contractor shall pay the difference to the
City.
15. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities,
utilities, irrigation systems, windows, and vehicles on or around the job site.
Damage to public and/or private property shall be the responsibility of the
Contractor and shall be repaired and/or replaced in equal or better condition at no
additional cost to the City.
15.1 The Contractor shall use all means to protect existing objects,
• structures and vegetation designated to remain.
15.2 In the event of damage, Contractor shall immediately make all repairs,
replacements and dressings to damaged materials, to the approval of
the City, at not additional cost to the City.
15.3 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) 724-2410 and inform the appropriate staff member
about the location and extent of the damages.
15.4 In the event that the Contractor does not immediately repair, to the
satisfaction of the City, damage to public and/or private property, City
may correct such damage. In such case, an appropriate Change
Order shall be issued deducting, from payments then or thereafter due
the Contractor, costs of correcting such damage. If the payments then
or thereafter due the CONTRACTOR are not sufficient to cover the
amount of the deduction, the Contractor shall pay the difference to the
City.
16. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS'
16.1 Unless noted otherwise, Specifications
contained in this Contract shall supersede
provisions of FDOT or any other alter
Documents. In case of conflicts, the mo.
prevail.
and Special Provisions
any other specifications or
;y noted in the Contract
stringent provisions shall
18.
17.
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16.2
The Contractor shall immediately bring to the attention of the Project
Manager any conflicts, discrepancies or ambiguities between the
Specifications and Special Provisions listed in the Contract
Documents. Failure to do so shall result in the interpretation made by
the Public Works Director or Designee whose decision shall be final,
MIX DESIGN MATERIAL TESTING AND EVALUATION
17.1 Within ten days after the award of the Contract, the Contractor at its
own expense, shall submit a mix design, certified by an independent
registered professional engineer in the State of Florida, to the Public
Works Director or Designee prior to commencement of any work. An
independent testing laboratory employed by the City shall perform all
testing and evaluation.
17.2 The Contractor shall provide the City at least 48-hour advanced notice
Prior to conducting any testing. Mix design, material testing and
evaluation shall follow the guidelines as stipulated in the FDOT
Standard Specifications for Road and Bridge Construction, most recent
edition. However, the City intends at a minimum to test each street or
every 500 feet, as the case may be.
17.3 Contractor shall have FDOT Certified Asphalt Plant Technician for
quality control purposes. Other requirements as specified -by FDOT
specifications shall remain in effect.
�•� • �•�R���a ANu RIGHT TO CHANGE QUANTITIES
18.1 Payment at the contract unit price shall be inclusive of all labor,
materials, equipment and incidental items, and shall be based upon
the actual quantities placed.
18.2 Payment of leveling course, in place and accepted, shall be made at
the contract price per ton. Payment of top surface course, in place and
accepted, shall be at the contract price per ton. Quantity control for
Payment for leveling course shall be based upon the delivery truck
tickets submitted to the City's representative at the site. Compacted
top surface course shall be at least 100 pounds per square yard per
inch thick.
18.3 Quantities, as identified in the Schedule of Quantities and Price
section, are for estimate and bidding purposes only and accuracy is
not implied or guaranteed. Payment shall be based upon actual
quantities placed and accepted at the contract unit price.
18.4 The City reserves the right to add or delete any item and adjust the
contract quantities based upon the contract unit price which best
serves the interest of the City. No other adjustment shall be allowed
unless approved in advance by the City.
19. ACCEPTANCE OF WORK
Acceptance shall be based upon satisfactory completion, material test results,
performance and appearance of the resurfacing after the materials have cured and
are open to traffic. Prior to final acceptance, the Contractor shall remove and
replace, satisfactory to the City, all defective areas. Any resurfaced or adjusted
area which is found to be raveling, cracking, peeling off, stripping under traffic, etc.
shall be rejected and shall be removed and resurfaced by the Contractor at no
expense to the City.
20. TESTS AND INSPECTIONS
20.1 Contractor shall give City timely notice of readiness of the Work for all
required inspections, tests or approvals. Contractor shall assume full
responsibility, pay all costs in connection therewith and furnish City the
required certificates of inspection, testing or approval for all materials,
equipment for the Work and any part thereof unless otherwise
specified herein.
20.2 City inspectors shall have no authority to permit deviations from nor to
relax any of the provisions of the Contract Documents, nor to delay the
Agreement by failure to inspect the materials and Work with
reasonable promptness.
20.3 The payment of any compensation in any form, or the giving of any
gratuity or the granting of any favor by the Contractor to any
inspectors, directly or indirectly is strictly prohibited and any such
action on the part of the Contractor will constitute a breach of this
Agreement.
21. CORRECTION OR REMOVAL OF DEFECTIVE WORK
21.1 The Contractor shall correct Work rejected by the City or known by the
Contractor to be defective or failing to conform to the Construction
Documents, whether observed before or after Substantial Completion
and whether or not fabricated, installed or completed, and shall correct
Work under this Agreement found to be defective or nonconforming
within a period of one year from the date of final acceptance of the
Work or designated portion thereof, or within such longer period
provided by any applicable special warranty in the Contract
Documents.
21.2 City shall provide Contractor with written notice regarding defective or
rejected work. Within seven days after receipt of such written notice
from the City the Contractor shall commence with corrective action to
remove and replace it with Work that is not defective or rejected.
21.3 If the Contractor fails to correct defective Work as required or
persistently fails to carry out the Work in accordance with the Contract
Documents, the City, by written order may stop the Work, or any
portion thereof, until the cause for such order has been eliminated;
however the City's right to stop the Work shall not give rise to a duty on
the part of the City to exercise the right for benefit of the Contractor or
other persons or entities.
21.4 If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents within seven days after
receipt of written notice from the City to commence and continue
correction of such default or neglect, the City may give a second
written notice to the Contractor. If within seven days following recent
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
for costs of correcting such deficiencies. If the payments then or
thereafter due the CONTRACTOR are not sufficient to cover the
amount of the deduction, the Contractor shall pay the difference to the
City.
22. PROGRESS PAYMENTS
22.1 The Contractor shall deliver to the City itemized Applications for
Payment. 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 -rats 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.
22.2 Within thirty (30) days of the City's receipt of a properly submitted and
correct Application for Payment, the City shall make payment to the
Contractor.
22.3 Ten percent (10%) of all monies earned by the Contractor shall be
retained by the City 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.
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22.4 The Application for Payment shall constitute a representation by the
Contractor to the City that, to the best of the Contractor's knowledge,
information and belief, the design and construction have progressed to
the point indicated, the quality of the Work covered by the application
is in accordance with the Contract Documents and the Contractor is
entitled to payment in the amount requested.
22.5 The Contractor shall pay each Subcontractor, upon receipt of payment
from the City, out of the amount paid to the Contractor on account of
such Subcontractor's Work, the amount to which said Subcontractor is
entitled in accordance with the terms of the Contractor's contract with
such Subcontractor. The Contractor shall, by appropriate agreement
with each Subcontractor, require each Subcontractor to make
payments to sub -Subcontractors in similar manner.
22.6 The City shall have no obligation to pay or to be responsible in any
way for payment to a Subcontractor of the Contractor except as may
otherwise be required by law.
22.7 No progress payment or partial or entire use or occupancy of the
Project by the City shall constitute an acceptance of Work not in
accordance with the Contract Documents.
22.8 The Contractor warrants that: (1) title. to Work, materials and
equipment covered by an Application for Payment will pass to the City
either by incorporation in construction or upon receipt of payment by
the Contractor, whichever occurs first; (2) Work, materials and
equipment covered by 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.
22.9 The Contractor may apply for the return of the retainage held pursuant
to Section 22.3, if the Contractor has satisfied the requirements of the
Contract relating to retainage. The City shall pay the Contractor the
amount retained for the Work, less the reasonable value of incorrect or
incomplete Work, liquidated damages or both. Final payment of such
withheld sum shall be made upon correction or completion of such
Work and resolution of all issues regarding liquidated damage. The
release of retainage shall not become due until all Work is 100%
completed. The requirements of retainage include the following:
22.9.1 Repair and/or replacement of faulty or defective Work.
22.9.2 As -built drawings are submitted to and accepted by the City.
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. -i.:.-,y.
22.9.3 All Code requirements, inspections, testing and certificates
of approval are conformed with, submitted and accepted by
the City.
22.9.4 The City is satisfied all payrolls, bills for materials and
equipment and other indebtedness connected with the Work
for which the City might in any way be responsible have
been paid or otherwise satisfied to the extent and in such
form as may be designated by the City.
22.9.5 Release of Lien is submitted and accepted by City.
22.9.6 Contractor's completion of Punch List.
22.9.7 Warranties are submitted to and accepted by CITY.
23. CHANGE QUANTITIES/CHANGE ORDERS
23.1 City, without invalidating this Agreement, may order additions,
deletions or revisions to the Work. Such additions, deletions or
revisions shall be authorized by a Written Amendment, Change Order
or Work Change Directive.
23.2 All Change Orders which, individually or when cumulatively added to
amounts authorized pursuant to prior Change Orders for this Project,
increase the cost of the Work to City or which extend the time for
completion, must be formally authorized by City.
23.3 No claim against City for extra Work in furtherance of a Change
Order shall be allowed unless prior written City approval pursuant
to this section has been obtained.
23.4 The Contract Price and Contract Time shall be changed only by
Change Order or written Amendment.
23.5 Proposed Change Orders shall be based on written notice with
supporting data delivered by Contractor to City. City shall then prepare
such Change Orders on forms provided by City. When submitted for
approval, they shall carry the signature of the Director of Public Works
or Designee and the Contractor.
23.6 If City and Contractor are unable to agree as to the extent, if any, of an
adjustment in the Contract Price or an adjustment of the Contract times
that should be allowed as a result of a Work Change Directive, a claim
may be made therefore.
23.7 Contractor shall not be entitled to an increase in the Contract Price or
an extension of the Contract times with respect to any Work performed
that is not required by the Contract Documents as amended, modified
and supplemented.
23.8 If notice of any change affecting the general scope of the Work or the
provisions of the Contract Documents is required by the provisions of
any bond to be given to a surety, the giving of any such notice will be
Contractor's responsibility and the amount of each applicable bond
shall be adjusted accordingly.
23.9 Any claim for adjustment in the Contract Price shall be based upon
written notice delivered by the party making the claim to the other
parties and to Engineer/Project Manager not later than fifteen (15)
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 will be valid if not submitted in accordance with
this Paragraph.
23,10 The cost or credit to City from a change in the Work shall be
determined by one or more of the following ways:
23.10.1 By mutual acceptance of a lump sum properly itemized
and supported by sufficient substantiating data to permit
evaluation where unit prices do not exist in the contract
documents;
23.10.2 By unit prices stated in the Contract Documents or
subsequently agreed upon; or
23.10.3 By cost to be determined in a manner agreed upon by
the parties and a mutually acceptable fixed or percentage
fee.
24. REGULATORY CHANGES
The Contractor shall be compensated for changes in the Work necessitated by the
enactment or revision of codes, laws, or regulations subsequent to the submission
of the Contractor's proposal.
25. FINAL INSPECTION
Upon written notice from Contractor that the Work is or an agreed portion thereof is
complete, City and Engineer/Project Manager or Designee will make a final
inspection and will notify Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to remedy such deficiencies.
26. FINAL APPLICATION FOR PAYMENT
26.1 After Contractor has completed all such corrections to the satisfaction
of City and 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 Engineer/Project
Manager has indicated that the Work is acceptable, 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) Contractor's receipts in full covering all labor,
27.
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 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, Contractor may
furnish a bond satisfactory to City to indemnify City against any such
lien.
26.2 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.
Final payment to Contractor shall not be made until said drawings have
been reviewed and approved by Engineer/Project Manager. Prior to
approval, if necessary, the drawings may be returned to Contractor for
changes or modifications if in the opinion of Engineer/Project Manager
they do not represent correct or accurate "As -built" drawings.
FINAL PAYMENT AND ACCEPTANCE
27,1 If, on the basis of Engineer/Project Manager's observation of the Work
during construction and final inspection, and Engineer/Project
Manager's review of the final Application for Payment and
accompanying documentation, Engineer/Project Manager is satisfied
that the Work has been completed and Contractor's other obligations
under the Contract Documents have been fulfilled, Engineer/Project
Manager will, within ten (10) days after receipt of the final Application
for Payment, indicate in writing Engineer/Project Manager's
recommendation of payment and present the Application to City for
payment. Thereupon Engineer/Project Manager will give written notice
to City and Contractor that the Work is acceptable, Otherwise,
Engineer/Project Manager will return the Application to Contractor,
indicating in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the necessary
corrections and resubmit the Application. Thirty (30) days after
presentation to City of the Application and accompanying
documentation, in appropriate form and substance, and with
Engineer/Project Manager's recommendation and notice of
acceptability, the amount recommended by Engineer/Project Manager
will become due and will be paid by City to Contractor.
27.2 If, through no fault of Contractor, final completion of the Work is
significantly delayed and if Engineer so confirms, City shall, upon
receipt of Contractor's final Application for Payment and
recommendation of Engineer/Project Manager, and without terminating
the Agreement, make payment of the balance due for that portion of
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the Work fully completed and accepted. If the remaining balance to be
held by 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 Contractor to 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.
27.3 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 City
except those arising from:
27.3.1 Liens, claims, security interests or encumbrances arising
out of this Agreement and unsettled.
27.3.2 Faulty or defective Work and latent defects discovered
after acceptance.
27.3.3 Failure of the Work to comply with the requirements of
the contract documents.
27.3.4 Terms of special warranties required by the contract
documents.
27.3.5 Any of Contractor's continuing obligations under this
Agreement.
27.4 The acceptance of final payment by 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.
28. CITY'S RIGHT TO WITHHOLD PAYMENT
28.1 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:
28.1.1 Defective Work not remedied.
28.1.2 Claims filed or reasonable evidence indicating the probable
filing of claims by other parties against the Contractor.
28.1.3 Failure of the Contractor to make payments to
Subcontractors or Suppliers for materials or labor.
28.1.4 Damage to another Contractor not remedied.
28.1.5 Liability for liquidated damages has been incurred by the
Contractor.
28.1.6 Reasonable evidence that the Work cannot be completed
for the unpaid balance of the contract sum.
0C,
28.1.7 Reasonable evidences that the Work will not be completed
within the Contract time.
28.1.8 Failure to carry out the Work in accordance with the
Contract Documents.
28.2 When the above grounds are removed or resolved or the Contractor
provides a surety bond or a 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.
29. WARRANTIES
29.1 Not withstanding any provisions of the FDOT Specifications for Road
and Bridge Construction, most recent edition, Contractor shall warranty
the soundness of all work including resurfacing for at least one year
after the date of final acceptance of work. Contractor shall submit a
warranty bond acceptable to the City and prior to final payment to the
Contractor.
29.2 The Contractor warrants that all equipment, materials and
Workmanship furnished, whether furnished by the Contractor or its
subcontractors and Suppliers, will comply with the specifications,
drawings and other descriptions supplied or adopted and that all
services will be performed in a Workmanlike manner..
29.3 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.
29.4 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.
30. CORRECTION PERIOD
30.1 Contractor warrants all material and Workmanship for a minimum of
one (1) year from date of acceptance by the City. If within one (1) year
after the date of final completion or such longer period of time as may
be prescribed by laws or regulations or by the terms of any applicable
special guarantee required by the Contract Documents, any Work is
found to be defective, whether observed before or after acceptance by
City, Contractor shall promptly, without cost to City and in accordance
with City's written instructions, either correct such defective Work, or, if
it has been rejected by 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 Contractor does not promptly comply with the terms of
such instructions, or in an emergency where delay would cause
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serious risk of loss or damage, 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
Engineer/Project Manager, attorneys and other professionals) will be
paid by Contractor.
30.2 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 of one (1) year after such correction or removal
and replacement has been satisfactorily completed.
30.3 Nothing contained in this Article shall be construed to establish a
period of limitation with respect to other obligations, which Contractor
might have under the Contract Documents. Establishment of the time
period of one (1) year as described in Section 30.1 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 Contractor's
liability with respect to the Contractor's obligation. other than
specifically to correct the Work.
31. CONTRACT TIME
31.1 Time is of the Essence for Work performed under the Contract.
The Work under Phase V-A, as identified in the Schedule of Quantities
Section shall be commenced upon the date of "Notice to Proceed" and,
subject to authorized adjustments, shall be completed within 120 days.
Failure to achieve timely, substantial and/or final completion shall be
regarded as a breach of this contract and subject to appropriate
remedies including but not limited to liability for liquidated damages in
accordance with the Liquidated Damages provisions of the Agreement
with the City.
31.2 The Contractor shall provide services as expeditiously as is consistent
with reasonable skill and care and the orderly progress of design and
construction.
31.3 Time limits stated in the Contract Documents shall be strictly adhered
to. The Work to be performed under this Agreement shall commence
as directed in the Notice to Proceed unless otherwise agreed in writing.
31.4 Contract Time may only be changed by a properly and fully executed
change order, which shall exist prior to the extension of the Contract
Time.
31.5 Any claim for an extension of the Contract Time shall be based on
written notice delivered by the party making the claim to the other party
at least fifteen (15) days prior to the substantial completion date of the
3.y
Project. Notice of the extent of the claim shall be delivered with
supporting data and stating the general nature of the claim.
31.6 Extension of t;
erne shall be considered and will be based solely upon
the effect of delays to work as a whole, Extensions of time shall not be
granted for delays to work, unless Contractor can clearly demonstrate
that such delays did or will, in fact, delay the progress of the work as a
whole, Time extensions shall not be allowed for delays to parts of the
work that are not on the critical path of the Construction Schedule.
Time extensions shall not be granted until all float or contingency time,
resulting from the early completion of work on the critical path,
available to absorb specific delays and associated impacts is used,
31.7 Contractor shall not be entitled to an increase in the Contract Price or
payment or compensation of any kind from City for direct, indirect,
consequential, impact or other costs, expenses or damages including
but not limited to costs of acceleration or inefficiency, or extended
overhead arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether elay, disru,
interference be reasonable or unreasonable, h dforeseeable tionor
unforeseeable, or avoidable or unavoidable; provided, however, that
this provision shall not preclude recovery of damages by Contractor for
hindrances or delays due solely to fraud, bad faith. or active malicious
interference on the part of City or its agents. Otherwise, Contractor
shall be entitled only to extensions of the Contract Time as the sole
and exclusive remedy for excusable events of delay. The following
shall constitute "Excusable Events of Delay":
31.7.1 An act, delay or order of the City obstructing or delaying the
CONTRACTOR in the commencement, prosecution or
completion of a Project activity other than an act, delay or
order issued by the City reasonably in good faith in its role
as a Government regulator or actions reasonably taken by
the City in good faith, in the enforcement of its ordinances,
laws, executive orders or rules of general applicability.
Nothing under this subsection shall be deemed an
Excusable Event of Delay to the extent that performance
would have been suspended, delayed or interrupted by any
other cause, including but not limited to the fault or
negligence of the Contractor or for which an adjustment or
extension to the Project Schedule is made or provided for, or
excluded under any other term or condition of this Contract.
31.7.2 Acts of God, wars, fires (other than those resulting from the
negligence or willful misconduct of the Contractor or
attributable to the Contractor), floods, epidemics, quarantine
restrictions and freight embargoes.
31.7.3 Strikes which are unforeseeable or beyond the control of the
Contractor to prevent and which are not the result of any or
negligence of the Contractor, but only if the Contractor takes
Yr,
32
reasonable action to perform notwithstanding the strike.
Failure to perform because of additional cost shall not be
deemed compliance.
31.7.4 Weather conditions exceeding normal weather conditions
prevailing in the area as defined by the average of the last
ten (10) years of weather data as recorded by the United
States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale weather
station.
31.7.5 The City acting reasonably, will determine the number of
days, if any, that the Contractor has been delayed. Any
disputes over the number of days, if any, that the Contractor
has been delayed shall be resolved in accordance with the
Dispute Resolution provisions. In addition, the Contractor
shall continue performance of the Contract Documents.
31.8 When any period of time is referred to in the Contract Documents in
days, it will be computed to exclude the first and include the last day of
such period. If the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation. A calendar
day of twenty-four (24) hours measured from midnight to the next
midnight shall constitute a day.
CONSTRUCTION SCHEDULE
32.1 Within 10 days after the effective date of this Agreement the Contractor
shall submit for the City's approval, the Contractor's construction
schedule for the Work identifying the critical path. The Construction
Schedule shall be revised and updated for City approval to reflect any
granted time extensions. The City shall not approve any unreasonable
schedule. The Construction Schedule of Work and all subsequent
changes thereto shall be submitted to the City in advance of the
required performance. The Construction Schedule of Work shall not
exceed the time limits current under the Contract Documents. The
Contractor must schedule the prompt obtaining of any required
permits.
32.2 The construction schedule shall be in the form of a tabulation, chart or
graph, in Microsoft Project 98 format, and shall be in sufficient detail to
show the critical path and the chronological relationship of all activities
contained in the project. An electronic copy shall be given to CITY
upon request. 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. The Construction Schedule shall allow for a
maximum turnaround time by the Engineer/Project Manager of
33.
r.,
fourteen calendar days on all submittals, shop drawings and all
requests for information.
32.3 The construction schedule shall reflect the completion of all Work to be
performed within the specified time and in accordance with the
Contract Documents.
32.4 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.
32.5 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.
32.6 If the Contractor desires to make changes in the method of operation
after the construction approval of the construction schedule, or if
Engineering/Project Manager determines that the schedule fails to
reflect the actual progress, the Contractor shall submit to the
Engineering/Project Manager a revised construction schedule for
approval.
PROTECTION OF PERSONS AND PROPERTY
33.1 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.
33.2 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.
33.3 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.
33.4 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
Contractor of the Contractor or anyone directly or indirectly employed
by either of them, or by anyone for whose acts they may be liable.
33.5 All unit prices provided by Contractor as a part of this Bid shall include
the cost of all safety equipment necessary for the performance of the
Work.
34
35
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33.6 The Contractor shall comply with the requirements of the Florida
Trench Safety Act and all applicable OSHA Regulations pertaining to
excavation.
33.7 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.
TRAFFIC CONTROL AND WORKING HOURS
The Contractor shall be responsible for maintaining all traffic controls
during the entire period of resurfacing. All traffic controls shall conform
to Manual of Uniform Traffic Control Device (MUTCD) and Florida
Department of Transportation Roadway and Traffic Design Standards,
latest editions and must be approved by the City in advance. At all
times, at least one lane shall be kept open with adequate and legal
traffic controls. Work should be avoided during peak traffic hours.
Working hours are set between 8 A.M. to 6 P.M. Any deviation shall be
approved in advance by the City.
34.2 Contractor shall be responsible for obtaining anyandall
rerequir d
Maintenance' of Traffic Permits from the appropriate g ry
authorities.
34.3 Lane blockage will not be permitted without written approval of the
Engineer/Project Manager.
34.4 All unit prices provided by Contractor as a part of this Bid shall include
all cost relating to the Maintenance of Traffic including any and all
safety equipment necessary, including but not limited to, barricades,
signage, traffic markings, arrow boards, etc.
HURRICANE & SEVERE WEATHER PRECAUTIONS
35.1 At the direction of the Project Manager, the Contractor shall
immediately take all protective actions necessary to secure the
construction site, materials, debris and equipment.
35.2 All construction materials or equipment will be secured against
displacement by wind forces.
34.1
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36- WORK BY CITY OR CITY'S CONTRACTORS
36.1 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.
36-2 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,
36.3 Costs caused by defective or ill-timed Work shall be borne by the party
responsible.
TECHNICAL SPECIFICATIONS
GENERAL PROVISIONS
BID 04-06B
1. APPLICABLE CODES STANDARDS AND SPECIFICATIONS
Unless noted else where in the Contract Documents, All construction and
materials furnished under this Contract shall be in strict accordance with the
applicable provisions of the following:
+ The Florida Department of Transportation "Standard Specifications for
Road and Bridge Construction", Latest Edition
• U.S.D.O.T. "Manual on Uniform Traffic Control Devices for Streets and
Highways", Latest Edition
+ American Association of State. Highway Transportation Officials
(AASHTO),
+ American Society for Testing and Materials (ATSM)
• City of Tamarac, Engineering Minimum Standards, Latest Edition
Broward County, Engineering Minimum Standards, Latest Edition
• Applicable City, State, and County Codes
2. Pre -Construction
After a contract has been awarded a pre -construction meeting shall be held
before the start of work. Representatives of the City, the Contractor's. Project
Manager and Superintendent, and City's Design Consultant shall meet to discuss
construction issues and how work is to be progressed. The agenda shall include
but not be limited to the following topics:
• Project schedule, order of work, critical items and work sequencing
+ Review of technical specifications
• Testing, Inspections and Engineering Approvals
• Work to be performed by subcontractors
• Project contacts and communication procedures between contractor, City
staff and City's Design Consultant.
+ Permitting and coordinating issues with the City and other agencies.
• Safety and Maintenance of Traffic
+ Site conditions and conflicts
• Storage of construction material and equipment
• Processing of field decisions and payments
Records and documents maintenance
45
U
3. Project Meetings
a) Contractor's Project Manager and Superintendent shall be in attendance
at all Project Meetings.
b) City shall provide meeting minutes reflecting all items discussed as well as
agreed upon or suggested solutions.
c) Upon receipt by U.S. Mail or facsimile, Contractor shall have 48 hours to
review meeting minutes provide written comments to City indicating all
areas of dispute. In the event that Contractor makes no response the
meeting minutes provided by the City shall be presumed as a true and
accurate reflection of the items discussed.
Submittals
Number Item
Due
1.0 Any required shop drawings 8 samples 14 days after Notice
to Proceed
2.0 Certified Mix Design 10 days after award
of Contract
3.0 Critical Path Construction Schedule 10 days after Award
of Contract
TECHNICAL SPECIFICATIONS
BID 04-06B
Pavement and Pavement Markin
A. Scope of Work
The work specified in this section consists of furnishing all labor, material, and
equipment necessary to resurface approximately 6.6 miles of City residential
streets, primary in the Woodlands subdivision, as identified in Table 1 and
Figure 1. The work shall include surface preparation, sanitary manhole, catch
basin, and water valve adjustment, driveway adjustment, tack coat application,
leveling and surface courses placement, multiple lifts of asphalt provision as
necessary, and temporary and permanent pavement marking application, in
accordance with these specifications.
B. Surface Preparation
Surface preparation includes cutting the grass to expose existing asphalt to the
pavement edge, and removing all loose grass and stone. Grass edging shall not
be required if the street in question is to be milled. The existing pavement
surface .shall be swept to remove all loose material, which might prevent proper
bonding .of the new asphalt. Revolving brooms, vacuum sweeper or approved
mechanical sweepers, supplemented by hand sweeping.shall be required.
C. Adjustments and Geometric Requirements
1, Work shall include adjustment of driveways, sanitary sewer manholes,
'catch basins and water valves to be flush with the new pavement surface.
The finished surface shall be level and smooth and must conform to the
tolerance limits set forth in MOT Standard Specifications for Road and
'Bridge Construction, most recent edition. In case of env conflict or
variation the City shall be the sole 'ud a of establishin acce table
tolerances.
2. Like the finished surface, all edges shall be level, smooth and straight.
Where necessary, or required, edges shall be feathered smoothly well
beyond the finished surface so as not to cause any stormwater
accumulation or any abrupt change in grade causing a driving hazard. In
some instances it will be necessary to saw cut and match and/or mill an
intersecting street, driveway connection or a curb. These adjustments will
be a minimum of 12" wide. The average driveway width is 14' and many
residences have multiple driveways. A circular driveway accounts for two
(2) driveways at the street. The City shall be the sale 'ud a of makin the
determination whether the adjustment should be b means f featherin
cut -and -match or millin . On streets with curb and gutter, the top surface
asphalt course shall be flush with the edge of concrete gutter or not more
than t/. inch above the concrete gutter.
3. All grades, both in longitudinal and transverse directions, shall be adjusted
and maintained in a manner so as to cause all stormwater runoff to flow
i
towards the designated stormwater inlets (catch basins). Contractor shall
be responsible for studying the direction of stormwater flow with respect to
the location of stormwater inlets (catch basins) and accordingly create or
maintain existing high and low points with suitable cross slope
adjustments to maximize stormwater flow into the catch basins. Any
stormwater accumulation exceeding the City tolerance shall not be
acceptable and shall be corrected by the Contractor at no expense to the
City. In case of doubt, the Contractor shall verify with the Project
Manager.
D. Milling of Existing Asphalt Surface
1• Milling an inch (1.0 ") off the existing asphalt surface is required only in
selected streets, notably around manholes and in front of driveways. The
Purpose of milling is to improve the rideability of the finished surface,
2. The milling machine shall be equipped with a built-in automatic grade
control system that can control the transverse slope and longitudinal
profile to produce the specified results. If it becomes evident after milling
has started that the milling machine cannot consistently produce the
specified results, the milling machine will be rejected for further use.
3- Where the existing asphalt layer is less than 1.0 inch thick, the exposed
base course shall be compacted and primed before the application of
overlay. Milled pavement must be resurfaced the same day it was milled.
The milling machine shall be equipped with means to effectively limit the
amount of dust escaping the removal operation.
4. Multiple lifts of asphalt shall be used in the event that one application of
asphalt does not bring the milled surface up to the required elevation
and/or grade.
E. Construction of Leveling and Asphalt Layers
Typically, work shall consist of the construction of a one inch 0 ") minimum
thickness Superpave Asphaltic Concrete surface course composed of a mixture
of aggregates, mineral filler and asphalt cement properly laid upon the existing
roadways as listed in the specifications. Streets that are to be milled shall be
overlaid with a surface course compacted to not less than one and one half
inches (1 1/2") thick. Multiple lifts shall be used when required. The exact limits
of resurfacing will be determined in the field by the Project Manager.
Leveling Course
When the existing pavement surface is distorted, the construction of leveling
courses and/or leveling wedges is required to restore proper line and cross
section. Type SP-9.5 asphalt mix shall be used in leveling. Surface depressions
less than 3" deep are to be corrected using one wedge. Depressions between 3"
and 6" deep are to be corrected using two wedges.
Depressions deeper than 6" are to be filled using layers not to exceed 3" deep.
The schematic below shows the correct way to place leveling wedges.
Leveling Wedges Existing
shall not exceed X Asphalt
deep Surface
r:
Tack Coat
1. The material used for the tack coat shall be emulsified asphalt, grade RS-
2 and shall conform with the requirements specified in the AASHT4
Designation M 140-82.
2. The pressure distributor used for placing the tack or prime coat shall be
equipped with pneumatic tires having sufficient width of rubber in contact
with the road surface to avoid breaking the bond of or forming a rut in the
surface.
3. The distance between the centers of openings of the outside nozzles of
the spray bar shall be equal to the width of the application required, within
an allowable variation of 2-inches. The outside nozzle at each end of the
spray bar shall have an area of opening of not less than 25 percent, nor
more than 75 percent in excess of the other nozzles which shall have
uniform openings. When the application covers less than the full width, the
normal opening of the end nozzle at the junction line may remain the
same as those of interior nozzle.
4. Before applying any bituminous material, all loose material, dust, dirt and
foreign material, which might prevent proper bond with the existing
surface, shall be removed. Any vegetation overgrowth over the edge of
pavement shall be cut back prior to applying tack coat.
5. When the prime or tack coat is applied adjacent to curb, gutter, and
driveways or another concrete surface (except where they are to be
covered with a bituminous wearing coarse), such concrete surfaces shall
be protected by heavy paper or other protective material while the prime
or tack coat is being applied. Any bituminous material deposited on such
concrete surfaces shall be removed immediately.
6. No bituminous material shall be applied when the air temperature is less
than 500 F in the shade, or when the weather conditions or the condition of
the existing surface is unsuitable. In no case shall bituminous material be
applied while rain is falling or when there is water on the surface to be
covered.
7. The temperature of the prime material shall be such as to insure uniform
distribution. The material shall be applied with a pressure distributor as
4)
Specified above. The amount to be applied shall be sufficient to coat the
surface thoroughly and uniformly without any excess to form pools or to
flow off the base. The rate of application shall not be less than 0.10
gallons per square yard.
8. No tack coat shall be applied until the asphalt has been cleaned and is
free from sand, dust or other objectionable material.
above. It shall be heated to a suitable
9. The tack coat shall be applied with a pressure distributor as specified
consistency and applied in a thin
uniform layer at the rate of between .02 gallons and .08 gallons per square
yard.
10. The tack coat shall be applied sufficiently in advance of the laying of the
wearing surface to permit drying, but shall not be applied so far in advance
or over such an area as to lose its adhesiveness as a result of being
covered with dust or other foreign material. Suitable precautions shall be
taken by the Contractor to protect the surface while the tack coat is drying
and until the wearing surface is applied.
Asphalt Concrete
1 Construction of Superpave Asphaltic Concrete surface courses shall be in
accordance with the Standard Specifications for Road and Bridge
Construction, latest version, of the Florida Department of Transportation,
and supplements thereto, hereinafter referred to as FOOT Specifications,
except as amended herein. The FOOT Specifications are hereby made a
part of this contract to the extent they are applicable thereto and shall be
as binding upon the Contractor as though reproduced herein.
2. Material used in the mix are as follows:
A) Superpave PG Asphalt Binder or recycling agent shall conform to
the requirements of FOOT Specifications, Section 916-1 and 916.2.
B) Coarse aggregate, stone, slag or crushed gravel shall conform to
the requirements of FOOT Specifications, Section 901,
C) Fine Aggregate shall conform to the requirements of FDOT
Specifications, Section 902.
O) Mineral filler shall conform with the requirements of FOOT
Specifications, Section 917-1 and 917-2,
3. The general composition of the bituminous mix shall be according to the
following requirements:
A) The bituminous mixture shall be composed of a combination of
aggregate (coarse, fine, or mixtures thereof), mineral filler, if
required, and bituminous material. The several aggregate fractions
shall be sized, uniformly graded and combined in such proportion
that the resulting mixture will meet the grading and physical
properties of the approved job mix formula.
B) All bituminous mixtures to be used either in leveling course or
surface course may contain recycled asphalt.
4. The jcb mix formula shall be approved by CITY and shall conform to the
requirements of FDOT Specifications, Section 334-4.2.
5. The mixture shall be transported in tight vehicles previously cleaned of all
foreign material and, if necessary, each load shall be covered with a
waterproof canvas cover of sufficient dimensions to protect it from weather
conditions. The inside surface of the truck bodies may be thinly coated
with soapy water, or a mixture of water with not more than five percent of
lubricating oil, but no excess of either shall be used. After the truck bodies
are coated and before any mixture is placed therein, they shall be raised
so that all excess water will drain out. Kerosene, gasoline or similar
products shall not be used to prevent adhesion.
6. The mixture shall be spread only when the surface is properly prepared
and is intact, firm, cured and dry. No,mixture shall be spread when the air
temperature is less than 400F, nor when the spreading cannot be finished
and compacted during the daylight hours. The temperature of the mix at
the time of spreading shall not be less than 2300F. The mixture shall be
placed in accordance with the requirements of FDOT Specifications,
Section 330-9. Joint Construction shall conform to the requirements of
FDOT Specifications, Section 330-11.
7. The mixture shall be compacted in accordance with the requirements of
FDOT Specifications 330-10.
8. Field Quality Control shall consist of surface and thickness requirements
as follows:
A) Surface Requirements: Depressions which may develop after the
initial rolling shall be remedied by loosening or removing the
mixture and adding new material to bring the areas to a true
surface. No skin patching shall be done. Such portions of the
completed pavement which are defective in surface compaction or
in composition, or that do not comply with all other requirements of
these specifications, shall be taken up and replaced with suitable
mixture, properly laid in accordance with these specifications and at
the expense of the Contractor. Surface deficiencies that exceed '/a
inch as determined by a 15 ft. rolling straight edge shall be
corrected as specified in FDOT Specifications, Sections 330-12,
B) Thickness Requirements: The thickness of the compacted asphaltic
concrete surface course shall be no less than that shown on the
Drawings as determined by coring. Thickness testing and
correction of defective work shall be as specified in FOOT
Specifications, Sections 330-14 and 330-15.
9. After the completion of the pavement, no vehicular traffic of any kind shall
be permitted on the pavement until it has set sufficiently to prevent rutting
or other distortion,
F. Pavement Marking
This section consists of the replacement of pavement striping, marking, and
traffic signs distributed by the Contractor as required for a complete installation.
All pavement markings shall be thermoplastic and shall conform to appropriate
City, State, and County and MUTCD standards. Contractor shall be responsible
for all pavement markings as noted on plans as required by Project Manager.
1. Placement of pavement marking shall be in accordance with Sections 706,
711 and 971 of Florida Department of Transportation Standard
Specifications for Road and Bridge Construction (FDOT Specifications).
All road work shall be in full compliance with local and state codes,
standards and regulations and the FHWA's "Manual on Uniform Traffic
Control Devices"
2. Paint for pavement stripes shall be in conformance with FDOT
Specifications Section 971-13. Reflective pavement markers and their
installation shall conform to FDOT Specifications, Section 706.
3. Thermoplastic pavement markings, including stripes, stop bars, reflective
pavement markers and other miscellaneous items, will be replaced as
existed before the repair was made. The thermoplastic compound shall
be a specified in FDOT Specifications, Section 711. The thermoplastic
compound shall be extruded or sprayed onto the pavement surface in a
molten state by mechanical means, with surface application of glass
spheres, when required, and upon cooling to ambient pavement
temperature, shall produce an adherent pavement marking of specified
thickness and width and capable of resisting deformation. The colors of
the compound shall be white and yellow, as existed before the repair.
4. Where thermoplastic is to be applied to cement concrete pavement, a
sealing primer as specified in FDOT Specifications, Section 711 shall be
applied in advance of the placing of the stripes.
5. The thermoplastic shall be applied to the pavement utilizing either
extrusion or spray application equipment. The application equipment shall
be so constructed as to provide continuous mixing and agitation of the
material. Conveying parts of the equipment between the main material
reservoir and the shaping die or gun shall be so constructed as to prevent
accumulation and clogging. The equipment shall be constructed so that
_- —' - all mixing and conveying parts up to and including the shaping die or gun
f
t � _ .�.....-�r 4�._..,._..-.___. :("��1:5i!"y' .97":r �� •'r,l,•,,7�''�;�.Iii.1T;�,i,
maintain the material at the plastic temperature with heat transfer oil or
electrical element controlled heat. Direct fire heat transfer will not be
allowed.
5. The application equipment shall be so constructed as to insure continuous
uniformity in the dimensions of the stripe. The applicator shall provide a
means for cleanly cutting off square strip ends, and shall provide a method
of applying "skip" lines. The use of pans, aprons, or similar appliances,
which the die overruns, will not be permitted.
7. Glass spheres applied to the surface of the completed stripe shall be
applied by an automatic bead dispenser attached to the striping machine
in such a manner that the beads are dispensed almost instantaneously
upon the installed line.
8. Special kettle(s) shall be provided for melting and heating the
thermoplastic material. The kettle(s) shall be equipped with automatic
thermostatic control devices in order to provide uniform temperature
control and prevent overheating of the material. The applicator and
kettle(s) must be so equipped and arranged as to satisfy the requirements
of the National Fire Underwriters, the State of Florida, and the
municipalities, which have jurisdiction where the work is being done.
9. Applicators shall be mobile and maneuverable to the extent that straight
lines can be followed and normal curves can be made in a true arc. The
applicator equipment to be used on roadway installations shall consist of
either hand equipment or truck -mounted units, depending on the type of
marking required.
10. The hand applicator equipment shall be insulated and shall have sufficient
capacity to hold 150 pounds of molten material and shall be sufficiently
maneuverable to install crosswalks, lane, edge and center lines, arrows
and legends. The truck -mounted unit for lane, edge and centerlines shall
consist of a mobile self-contained unit carrying its own material capable of
operating at a minimum speed of five miles per hour while installing
striping.
11. Application time, weather limitations and surface preparation shall be in
accordance with MOT Specifications, Sections 710-4, 710-5 and 710-8.
12. The material, when formed into traffic stripes or other markings, must be
readily renewable by placing an overlay of new material directly over an
old line of compatible material in such a manner that no splitting or
separation takes place.
13. The application temperature shall be within the range specified by the
manufacturer of the thermoplastic compound being used.
14. All pavement edge lines, gore, island and diagonal strip markings,
wherever located, shall have a minimum thickness of 0.060 inch at the
edges and a maximum thickness of 0.120 inch at the center. A minimum
average film thickness of 0,090 inch shall be maintained. All lane lines,
center lines, transverse markings (except shoulder markings) and
pavement markings within traffic wearing area (such as dotted turning
guide lines) shall have a minimum thickness of 0.090 inch at the edges
and a maximum thickness of 0.1 inch at the center. A minimum average
film thickness of 0.090 shall be maintained. All thickness measurements
shall be an average in any three-foot length_
15. The glass sphere top coating shall be applied by a type of glass sphere
dispenser or gun which will embed the spheres into the line surface to at
lest one-half their diameter. The glass sphere top coating shall not incur
more than 10 percent loss during the first 30 days of traffic exposure.
BID 04-06B
44
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STRE9T ImPROVENIENT PROGRAM
FIM IRE 1
BID 04-068
COMPANY NAME: (Please Print):
Phone:
N1
❑ 2•
❑3.
❑ 4.
❑5.
❑6.
❑7.
❑8.
❑ 9,
❑ 1o.
❑ 11.
am r'or t acts',;Visit'r
Fax:
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
Carefully read the General Terms & Conditions, Instructions to Offerors, Special
Conditions and the Technical Specifications.
Properly fill out the Bid Form.
Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
Sign the Certification page. Failure to do so may result in your Bid being
deemed non -responsive.
Fill out the Bidder's Qualification Statement.
Fill out the References form.
Sign the Vendor Drug -Free Workplace form.
Fill out the List of Subcontractors.
Include a 5% Bid Guarantee. Failure to provide a bid guarantee will result in
automatic rejection of your bid.
Fill out and sign the Certified Resolution.
Include proof of insurance.
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.
55
�.._---•'?�-=� 3rcy C--rtff 3c!:i 4iL'i3li�l.
BID FORM
BID 04-06B
PHASE 5A STREET IMPROVEMENT PROGRAM
Submitted by: Date _U:JE-o.. j
(Bidder)
THIS BID IS SUBMITTED TO:
City of Tamarac
Purchasing and Contracts Manager
7525 Northwest 88'h Avenue
Tamarac, Florida 33321
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.
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.
1. 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.
2. Bidder has given the City written notice of all conflicts,
errors or that it has discovered in the contract documents andt'the written discrepancies'
thereof by the City is acceptable to Bidder.
3. 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.
4. Bidder will complete the Work for the prices shown in the "Bid Form".
5. Bidder agrees that the Work will be substantially performed and complete in
accordance with the schedules established herein.
Page 1 or 5 _.._�.. --
-1 or ,q�
.City of Tamarac
'Committed to ExCellenCe... Alwoys"
Purchasing and
Contracts Division
ADDENDUM NO, 1
BID NO, 04-065
PHASE 5A STREET IMPROVEMENT PROGRAM
DATE OF ADDENDUM: November 17, 2003
Proposers are hereby notified that this Addendum shall be made part of the
above named bid document.
The attached REVISED Bid Form pages 2 and 4REPLACE the
pages in the bid document. The attached Revised Bid Form
Pages MUST be submitted with. your bid. Failure to. submit
pricing on the Revised. Bid Form pages 2 and 4 may result in
your bid being deemed. n on-res ponsi ve.
Please sign where indicated .on Page 4 of this document and
submit with your bid.
Attached, please find revised Bid Form documents, which reflect the following changes:
1. Removal (strikethrough) of the words °per milling" from base bid line item 3 (page
2 of 6).
2. Addition (underline) of a Base Bid line item for 'Temporary Striping -- 4 with a
quantity of 1500 LF (page 2 of 6).
3. Removal (strikethrough) of the, "Temporary Striping — 4" item from the Alternate
bid form (page 4 of 6)
If you have any questions regarding this addendum, please call (954) 724-2450.
.J
Keith K. Glatz
Purchasing and Contracts Manager
7525 NW 88,M Avenue ■ Tornoroc. Fiorillo 33321-2401 ■ (954) 724-2450 15 Fox (954) 724-2408 v www.tomorac.org
cil") of ' Irrarac . . Vy
fUr. f:•9S;nry c3nd C017(: 9GrS C tf$ on
Addendum No.
BID FORM
(Revised)
Bid No. 04-068
The City of Tamarac is hereby requesting Bids, from qualified vendors, for construction of
Phase V-A of the Street Improvement Program. In order to be Considered for this project, the
vendor must meet the following conditions:
We propose to furnish the following in conformity 4with the specifications and at the below 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.
PAY ITEM
UNIT
QUANTITY
UNIT
TOTAL
COST
COST
Leveling Course YS." thickness (Asphalt Type
SP-9.5)
Ton (T)
2,156
Surface Course 1 "-1 Ys" thickness (Asphalt
Type'SP-9.5)
T
4,312
Mobilization Per-�
Lump Sum
Tack coat, Emulsified Asphalt, AEP
SY
86,247
Driveway Adjustment by saw cut and match
min. 12" wide
Each
200
Driveway Adjustment by milling (min, 12"
wide &'/' deep)
Each
200
Catch basin 1' riser installation,
Each
115
Sanitary Sewer Manhole Adjustment (1"
riser)
Each
122
Sanitary Sewer Manhole Adjustment (Milling)
Each
• 19
Water Valve Adjustment
Each
16
Striping-6" Wide Double Yellow Solid
thermo
LF
7,977
5tri in •12" Wide White Solid therms
LF
1,595
Stri in -6" Wide Yellow Solid thermo
LF 856
Reflective Pavement Markers
Each 369
Road Restoration (cut & removal of tree
roots)2
SY 200
S ri in - 4"empom
LE 1500
Total
' City will provide these risers. Contractor will pick up risers from a City facility.
2 Road restoration would encompass the removal of existing asphalt and road rock to expose overgrown
tree roots underneath the roadway for cutting and removal_ Once properly removed, exposed areas
W\VNwould be refilled with road rock, compacted and patched with. asphalt. This work would need to be
ccomplished, as per FDOT section 110, prior to road resurfacing. The City would be the sole judge of
those designated areas. Such areas are not expected to be in excess of 10 and less than 200 square
yards (SY).
Addendum #1 (11/17103) Revised Pag® 2 of 6 8;d Form Revision
City of Tamarac_
purrhnsi'04 & Contracts ows;orn
Addendum No.1
BID FORM
(Revised)
BID NO, 04-065
Unit prices furnished below are for incidental items or components which the Contractor
may be required to furnish as a part of the Work identified in the Contract Documents.
Pay Items listed shall be provided in conformity with the specifications and at the below
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.
PAY ITEM
UNIT
UNIT COST
Prime Coat, Emulsified Asphalt, AEP
SY
Clean Sand
SY
Edging of Grass
LF
Surveying
Per hour
Symbol Pavement Marking
Each
Messages_
Each
Sod (Bahia) — including top soil
SY
Sod (St. Augustine) -- including top soil '
SY
r "
q5��
It- IT 03-
Addendum *I (11117103) - Revised pay. 4 of 5 Bid Form Revision
of Tamprac
ADDENDUM NO. 9
Bid No. 04-068
SIGNATURE PAGE
Pl se Si n below and submit this
8 Form Pa es and 4 atta
Company Name
ANC.
Authors ed Si 3
� ��
�ul�,'7a.sjr;:rf r� 1w'UR1^!� r
um alon ith the Revis
r in with ur bid.
EJ
`_, ���
Addendum Nv. 1
BID FORM
(Revised)
Bid No. 04-06B
The City of Tamarac is hereby requesting aids, from qualified vendors, for constructlon of
Phase V-A of the Street Improvement Program, In order to be considered for this project, the
vendor must meet the following conditions:
We propose to furnish the following in conformity 4with the specifications and at the below 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.
PAY ITEM
Leveling Course Ma" thickness (Asphalt Type
SP-9.5)
Surface Course 1--1 '/z" thickness (Asphalt
Type'SP-9.5)
Mobilization {lei-AA+N+�
Tack coat, Emulsified Asphalt, AEP
Driveway Adjustment by saw cut and match
min, 12" wide
Driveway Adjustment by milling (min. 12"
wide & M" deep)
Catch basin 1" riser installation,
Sanitary Sewer Manhole Adjustment (1"
riser)
Sanitary Sewer Manhole Adjustment (Milling)
Water Valve Adjustment
Striping-6" Wide Double Yellow Solid
Striin -12" Wide White Solid thereto
Stri in -6" Wide Yellow Solid thermo
Reflective Pavement Markers
Road Restoration (cut & removal of tree
roots)z
Striaina- 4" TemQo_r_ant
Total
UNIT I QUANTITY
Ton (T)
T
Lump 5
SY
Each
Each
Each
Each
Each
Each
2,156
4,312
86,247
200
200
115
122
.19
6
LF
7,977
LF
1,595
LF
856
Each
3fi9
SY 200
L 1500
UNIT
TOTAL
COST
COST
4-61 :1
tl;ov
a054 AIR174
5rVV%_•o
m
r�
r --
rr,
_n
n
City will provide these risers. Contractor will pick up risers from a City facility.
2 Road restoration would encompass the removal of existing asphalt and road rock to expose overgrown
tree roots underneath the roadway for cutting and removal. Once properly removed, exposed areas
would by refilled with road rock, compacted and patched with asphalt. This work would need to be
accomplished, as per FDtOT section 110, prior to road resurfacing. The City would be the sole judge of
those designated areas. Such areas are not expected to be in excess of 10 and less than 200 square
yards (SY).
Addendum 91 (11117103) Revised Page 2 or 6 Bid Form Revision
.ter:
AC - � P;�rchaS;:'1� cr �,Dr7U'8C« n • �
f'
` Addendum No. 9
F BID FORM
(Revised)
BID NO, 04.0613
Unit prices furnished below are for incidental items or components which the Contractor
may be required to furnish as a part of the Work identified in the Contract Documents.
Pay Items listed shall be provided in conformity with the specifications and at the below
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.
Addendum *1 (11/1V03) Revised page 4 of 6
Bid Form Revitinn
ay ,�I' i-o!" arac _ / Purcha.yrq and Colitrac(S Division
BID FORM
BID 04-06B
(continued)
The City reserves the right to reject any bid, if it deems that a vendor has deliberately
provided erroneous information. The undersigned declare to have specific and legal
authorization to obligate their firm to the terms of 'this bid, and further, that they have
examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other
documents included in this bid request, and hereby promises and agrees that, if this bid is
accepted, they will faithfully fulfill the terms of this bid together with all guarantees and
warranties thereto. The undersigned bidding firm further certifies the product and/or
equipment meets or exceeds the specification as stated in the bid package; 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.
Company 5�W Authorized Si
W M,� S �i.3 $ DANIEL D. WEEKIL ,PRESIDENT
Address Typed/Printed Name
f 35�
5,
City, State, ZIP ^Telephone & Fax Number
C C C o zo.sN a 7S 563
Contractor's License Number Federal Tax ID#
Pa-e 6 of 6
BID FORM
BID 04-06B
(continued)
Bidders Name:1177
,Z-o-i", � ;, .:�� INC
TERMS: Net DAYS or /q discount within days
Delivery/completion: 150 calendar days after receipt of Notice to proceed.
To be considered eligible for award, one (1) original of this bid form must be submitted
with the Bid. Two (2) copies should accompany the original; however, copies must be
provided within 3 days, of the City's request.
NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder
shall be deemed non -responsive and ineligible for award.
IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION:
Please indicate reason(s) why a Bid Proposal is not being submitted at this time.
Return the Bid Form to avoid removal of Bidder from the City of Tamarac's
vendor listing.
Page 6 of 6
of Tafnala
NON -COLLUSIVE AFFIDAVIT
State of l D1"'Id )
)Ss.
County off
el (. being first duly sworn,
deposes and says that:
(Owner, Partner, officer,
1. He/she is the y �r , the Offeror
Representative or Agent) of
that has submitted the attached Prop sal;
2. He/she is fully informed respecting the preparation
and
the attached
Proposal and of all pertinent circumstances respecting 9 such Proposal,
3. Such Proposal is genuine and is not a collusive or sham Proposal; owners, agents,
4. Neither the said Offeror nor any of its officers, partners,
representatives, employees or parties a interest,
directlydarindirectly, withave anyin any
other
way colluded, conspired, connived or g
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 prioescosthe lement of the Proposal proposal or of rice
ny
other Offeror; or to fix any overhead, prof to secure through any collusion,
or the Proposal price of aunl wful therOreeernentranY advantage against (Recipient),
conspiracy, connivance, or 9
or any person interested in the proposed Work;
are not
5. The price or prices quoted in.the attached P. Proposal areua fawn d roper e and on the
tainted by any collusion, conspiracy, con
nt
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: r
By
Wi ess
Witness
Page i of 2
DA►NIEL D. WEEKLM)C P
Printed Name
Title
Nan -Collusive Affidavit
of Tamarac
3 "CiVraCfs Owi3ir/
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of FloriJ'o
County of
On this the 0day of /�� , 202, before me, the undersigned Notary Public
of the State of Florida, personally appeared
�J� %7 /`eL �. �•(. P,11cl and
(Name(s) of individual(s) who appeared
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. ;
NOT RY PUBLI ,STATE OF FLORIDA
NOTARY PUBLIC
SEAL OF OFFICE:
(Name of Notary Public: Print,
Teresa Patane Stamp, or Type as Commissioned)
4,'•'Commission #DD2213I S
-• Expires: Jul 16, 2007 . personally known to me, or
BondedThn, 11 Produced identification:
Atlantic Banding Co., Inc.
(Type o Id ntificatian Produced)
DID take an oath, or ID NOT take an oath
_......__.._..�..__. _....t.. ............---__....__._....,..........___..........."_._._.....
Pag_p2 of
Nan-Colhaive Affidavit
i. Purchasing � Ccr.•tracrs D!VrSf^rt
city of Tamarac _ i X
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 (I). 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 PARTNERS HIP CORPORATION [D""
OTHER
[7
If "Other", Explain:
Authorized Signature
DANIEL D. WEEKLEY, PRESIDENT
Title
Compa M55 S.W 36TH ST
UJESTON, FL 33332
Address
City/State/Zip C
tvf eklf, CCSa D�.
Contact Email address
Wee4
Name (Printed Or Typed)
Federal Employer I.D./Social Security No.
Telephone
57Z�
Fax Number' -�
Contact Person
Page' 1 of 1 certification
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: WEEKIMASP .T LNG NC Check One
Contact Name: _-_-- ZZn ie-L _..,p�� eXJ� Corporation
Address: g 7�-�� Partnership
City, State, Zip z4j le 3Z
Telephone No. t 5/f DIndividual
Fax No./ Z / 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:
WEj1uKLEY ASPBU PAWNC, INC
The address of the principal place of business is:
2. If Offeror is a corporation, answer the following:
a) Date of Incorporation:S
b) State of Incorporation.
c) President's name:—_
d) Vice President's name:
e) Secretary's name: q/9- / /)
Y f) Treasurer's name:
g) Name and address of Resident Agent: �� ems/
Page 1 of 5 Offerors Qualification Statement
,�f Tar'^nrs3C
•:^h,a5!r',C P C;nf',�.:'S Civ'iSinn
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 y ur or anization 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.
�^r�rrF
8. Have you personally inspected the site of the proposed work?
R] YES 1:1 NO
9. Do you have a complete set of documents, including drawings and addenda?
�fl YESF-] NO
10. Did you attend the Pre -Proposal Conference if any such conference was held?
ex] YES F—] NO
Page 2 of 5 Offeror's Qualification Statement
�.......�V ::...
UHUwAHLI GUUNIT OCCUPATIONAL LICENSE TAX RENEW ON OF., 8
ianMNO.
FOR PERIOD OCTOBER 1, 2003 THRU SEPTEMBER 30, 2004 SEPTEMBER 3
4�.. dorAC 25.OfiI PENALTIES IF PAID
ff4RENEWAL J TRANSFER + SEC # _ —4 & —.4 149 TAX 8 . (1f ~� , OCT. • tq': L NOV. - 1:
BACK Tax qEC. • 204'. Alter pEC. i
U NEW DATE BUSINESS OPENED A PENALTY ' Plus Tax Co11eCt4on Fee of up In
��� _c • 1 •� T. C. FEE Based on Cost of Liclnse if Pa
STATE OR COUNTY CERrtnEG 1r__ TRANSFER On or Arter rjavemhar 30. 200
Burliness Location Address: fr��""
ACCOUNT NUMBEFI
TOTAL
:r<)034'..1 r;w 36 '01'
F...r L.l'•It,1t}ki;F�73f•�L..L•:. :3:30.2" r ..
lr�l)f:i 7: idk�f ify F't I(�F•IE; C `r':`.'.:A > 4;3 7--OL400
Wf':kl<L.RY A-P-HAL..•T' PAVING TN(7:
WAYNk: D f,Wr'E:KL_F-7Y
THIS LICENSE N:UST BE CONSPICUOUSLY DISPLAYED r o(.)%"-ri f3W -3d7 f:+T
TO PUBLIC VIEW AT THE LOCATION ADDRESS AUOVE. W[-81'UN P1. -�' '•'�
BR;c;WARD L TYPE OF LICENSE TAX PAID
r'L-- COUNTY
ASF-HALT CON81'
(U UNT'TE
DROWARD COUN•rY REVENUE COLLECTOR 2003 so 2QQ4,
115 S. Andrews Avenue Governmental Center Annex i■�I �+
FORT LAUDERDALE, FL 33301 PAYMENT RECEIVED AS VALIDATED ABOVE 'SEE INSTRUCTIONS ON BACK OF
FAIT? 0e,' i!?/() 4 'a S. ()()01. 613 . ()A
ACC 0 6 0 9 0 6 6 STATE OF FLORIDA
CARDONA, ARMANDO A
WEEKLEY ASPHALT PAVING INC
3021 SW 11 ST
MIAMI . FL 33135
JEB 13USH KIM BINKLE
GOVERNOR DISPLAY AS REQUIRED BY LAW SECRET
r,�t
City of TamarV
F,_:r�ha5!:'j &
4ML
11. Have you ever failed to complete any work awarded to you? If so, state when,
where and why:
r V e
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
a'�,'tW 1� Q a��sc•� � -D.o.. � 'I�r77 - 13 S
-loin ° s
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 Of r0r's Qualification Statement
/JA
weekley asphalt paving, inc.
l 20855 S.W. 36TH STREET • WESTON. FL.OMOA 33332
CONSTRUCTIQU EXPERIENCE QF KEY INDIVOLUALS
-
NAME
POSITION
YRS CONST.
EXPERIENCE
TYPE WORK
CAPACITY
YEARS
EMPLOYED
WEEKLEI
E Daniel D. Weekley
Ptesident
36 years
Road Const.
Management
38 years
;Ronald KeeneAsphalt
Superintendent
26 years
asphalt/roadway
Supervision
26 years
Herbert Newton
Project Mngr
31 years
Roadway/Drainage
Supervision/Mngnt
9 years
Dan Weekley Jr.
Superintendent
11 years
"Roadway/Asphalt
Supervision
11 years
Ivie Roach
Pro'ect Mn r
27 years
Roadwa /As halt
I Supervision 1
B years
1
j
l
1
I
i
1f
'
i
i
t
Oi rellTln(3C PUrch,3si119 1
18. State the name of Surety Company which will be providing the bond, and name
and address of agent:
re-*
19. Bank References:
/I
o cc
Bank Addres Telephone
20. Attach a financial statement including Offeror's latest balance sheet a d income
statement showing the following items: - W 1 /1 SUPyo f y / P. L-6 1') JZI L der
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?
EYES NO
23. If not, explain the relationship and financial responsibility of the organization whose
financial statement is provided (e.g., parent -subsidiary).
Page 4 Af 5 C7(teror's Qualitictn7r. Sta;ement
weekley asphalt paving, inc.
20855 S.W: 36TH STREET • WESTON, FLORIDA 33332
Ocean Bank
Carlos Gonzalez
780 N.W. 42 Street
Miami, FL 33126
(305) 569-5106
2. Wachovia Bank
Steve Gersack
12399 Sheridan Street
Cooper City, FL 33026
(054)435-1771
weekley asphalt paving, inc.
20855 S.W. 36r" STREET + WESTON, FLORIDA 33332
REFERENCES FOR WEEKLEY ASPHALT PAVING, INC.
Florida Dept. of Transportation
JENNIFER OLSEN
Various jobs in Broward & Palm Beach
3400 W. Commercial Blvd.
Ft. Lauderdale, FL 33309
954-777-4135
Florida Dept. of Transportation
JAMES JAFFERS
5548 N.W. 9 Avenue
Ft. Lauderdale, FL �3309
954-958-7637
Bergeron Land Development
RONNIE BERGERON .
Various Resurfacing jobs
19612 S. W. 69 Place
Pembroke Pines, FL 33332
954-680-6100
City of Cooper City
CARL MILLER
P. O. Box 290910
Cooper City, FL 33329
954-434-4300
Florida Dept. of Transportation
TOM DRISCOLL
Various jobs in Palm Beach, etc.
7900 Forest Hills Blvd.
West Palm Beach, FL 33413
561-432-4966
Hendry County
ROCK ARBEJOUL
Resurface various Streets
P. O. Box 1607
Labelle, FL 33975
863-202-5223
PHONES- RRnWAwn fa-4, __
v;,j -_i ,, a3!"al_'___w._...
L �y
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 .noio 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
i
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.
PAVE G,��
S� ay• Company Name
Au horized
�\�- °
_�..-... _.__ . Page i of 1 _. pay -Free Workplace54
'
AkCity of Tamar,, �has,'rc j c(, j,!5 L,, , 3;on
ti
LIST OF SUBCONTRACTORS
The Bidder shall list below the names and business address of each subcontractor who
will perform Work under this Bid in excess of one-half of one percent of the Contractor's
Total Bid Price, and shall also list the portion of the Work that will be done by such
subcontractor. After the opening of bids, no changes or substitutions will be allowed
except as otherwise provided by law. The listing of more than one subcontractor for
each item of Work to be performed with the words "and/or" will not be permitted. Failure
to comply with this requirement will render the Bid as non -responsive and may cause its
rejection.
Work to Be Performed % Total Contractor
Contract license No.
Subcontractor
Name/Address
E 9 st �o l
E*refic Id 4.hj 1:�_ 33WI
pa` -le 1 of t List of Subcontr-,artors
Ill?4i1��e �O.V B d6 F,119�15961181 Tr�s��q Ion. a{a p'QeW12�,IsPhalt ��UPIO
-
NTY aF 5 9;11 b I tH
OCCUPATIONAL LICENSE
2CO3-2004
OWNER TRMSWK INC
CONTROL NO. 145080
80SINESS NAME TWSWK INC
LOCATION 41 SS 9 ST A
CLASSIOICATION ENGINEERING SERVICI
STRIPING THERA40 PLA S TIC, PA IN 7 SIGNS ON
TRANSMARK INC
41 5E 9 ST A
DEERFIELD BEACH FL 33441
Notiee; nis Ucense becomes NULL andy0M Ifownership, badness nome, or address Is
04-17907
NEW RENEWAL
DATE ISSUED 9 / 0 9 / 0:
LICENSE FEE 117.61
OELINGUMT CMG. .01
TRANSFER FEE , 0 1
TOTAL AMOUNT PAID 117.6'
LICENSE I58IJ60 FOR THE KRIOD
oCTOSEA 1 2 0 0 3 SEPTEMB&R 3o 20
.ICENSE MUST BE CONSPICUOU
DISPLAYED TO PUBLIC VIEW
BUSINESS LOCATION
TAANSFGA FEE 11.71
Licensee masr MAO to Dcoue t)epa Wnr for Transfer.
CITY OF DEERFIELD BEACH
LICENSE INFORMATION
DATE ISSUED 9 / 0 9 / 01 LICENSE 1551.1E0 FOR THE PER100
OCTOBER 1 2003 SEPTEMOV1 30 2 0
' This oceupational license represents proof of�ayment of your occupational license fee
for the period October 1 to September 30. Continuous licensure can be an important
asset for'ccrtain business users; please exercise diligence in maintaining this license.
• Once you have obtained a Deerfield Beach occupational license, you will be sent a
renewal notice -each year 30 to 60 days before expiaration to the address indicated on
the face of the;,license. Please cheep all license, nformation. and if.tere is an error
report it +o us iinm�di��ely, T'he "ity :ri d .0 c'se. f'::z s azt';; w »lt�e�+ f� .f ur ttr
renew. this' license:.. y
• Your current license shall be posted so that it is able to be viewed by anyone upon
entering your place of business.
* If you change your business name, ownership or location, you must make a new
application, for the change and pay a transfer fee. -
" If you have more than one location, you must obtain a license for each location.
" Each business that you operate requires a separate license. Please check with us if you
have any questions regarding the classification of your business by visiting us at 150
N.E. 2 Avenue, or calling us at 480-4333.
This license does not represent an endorsement or certification of the business listed herein by the
No Text
11/24/2003 MOO 8; 45 FAX 954 596 1183 Transmark Inc,. -;44 Weekley Asphalt
Z002/0
C7
OWNER TRANSMARK INC
CONTROL NO, 145080
BUSINESS NAME TRANSMARK INC
LOCATION 41 SE 9 ST A
CLASSIFICATION ENGINEERING SERVICE
STRIPING YHERMOPLASTIC.PAINT SIGNS ON
TRANSMARK INC
41 SE 9 ST A
DEERFIELD BEACH
rL 33441
CITY & DEERFIELD LEACH
OCCUPATIONAL. LICENSE
ZG03-2004
DATE ISSUED !I / 0 9 / 0
LICENSE FEE 117, 6 �
OELINQUE14T CMG. • 01
TnANSFEA FEE • 01
TOTAL AMOUNT PAID 117 . 6 ,
Nonce: nis Ueense becomes NULL and VOID If ownership, bltslness name, or address Is
LIVGIYi3C INU.
04-17807
NEW R&NEWAI.
LICENSE ISSUED FOR THE PERIOO
OCTOBEA 1 2 0 0 3 SEPTEMB6A so 20
.ICENSE MUST BE CONSPICUOU
DISPLAYED TO PUBLIC VIEW A
BUSINESS LOCATION
TRANSFER FEE 11. 71
Llrerlsee ►near appty ro License De r►nlenr or 7holhrfer.
CITY OF DEERFIELD BEACH
LICENSE INFORMATION
DATE ISSUED 9 / 0 9 / 0 3 LICENSE ISSUIO FOR THE PERIOD
OCTOBEA 1 2003 SEPTEMBER 30
• This occupational license represents proof of payment
of your
uoccre upational
anlicense
tfee
for the period October 1 to September 30. Continuous
ant
asset for certain business users; please exercise diligence in maintaining this license,
• Once you have obtained a Deerfield Beach occupational license, you will be sent a
renewal notice - each year 30 to 60 days. before expiration to the address indicated on
the license. Please cheep ail,- license.information•and if-rheri'is or
the face Qin:, ''.}},....gy�mm p77 ry�.� } r /�.e Fy�� i�e�• .E� f�*• J�3Li!�' �'•�'
rer�rr tt rQ u$..X'.�I+��`l�. 1!!v �lty` �i� iiCSO. wi:i3VS '�FyM,.,, �-,fir,". •^.y 1,
s'
renew this' 'hceOse:.» I
• Your current license shall be posted so that it is able to be viewed by anyone upon
entering your place of business.
• If you change your business name, ownership or location, you must make a new
application for the change and pay a transfer fee.
• If you have more than one location, you must obtain a license for each location.
• Each business that you operate requires a separate license. Please check with us if you
have any questions regarding the classification of your business by visiting us at 150
N.E. 2 Avenue, or calling us at 480-4333.
nis license does not represent an endorsement or certification of the business listed herein by the
20
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of Tainamc
DID BOND
STATE OF FLORIDA)
)SS.
COUNTY OF BROWARD)
& CGniracts oivisivn
KNOW ALL MEN BY THESE PRESENTS, that we, Wee kley Asphalt Paving, Inc.
as Principal, and
as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation
of the State of Florida in the penal sum of.
**5% of Bid ** Dollars $ **5% of Bid**
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 Novemhe.r 25th 2003
for: Phase -5A Street Improvement Program
Bid No. 047068
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 shalt 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 ', or 2 Bid Sonde
f
Principal
20855 SW 36th Street
Business Address
(AFFIX SEAL) Weston, FL. 33332
City/State/Zip
954-389-5311
Business Phone
ATTEST:
Western Surety Company
Secretary LJ /IP Surety"
ATTEST: ByRic and Rodriguez
4., Title
Attorney -In -Fact & F1 Lic. Res. Agent
"Impress Corporate Seal
Attomey-ln-Fact'& Fl Oc. Res. Agent
8y 'Richar Rod igue
Page 2 of 2 Bid Bond Rcknowledgemern
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men BY These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature make, constitute and appoint and seal herein axed hereby
Jeffrey Salinas, Robert Me Minn, Richard Rodriguez, Individually
of Coconut Grove, FL, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sigh, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
in Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 2nd day of October, 2003_
WESTERN SURETY COMPANY
Mao �inls '
Paul . Bruflat, Senior vice President
State of South Dakota 7
County of Minn ehaha J} ss
On this 2nd day of October, 2003, before me personally came Paul T. Bruflat, to me known, who, being by me duty sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior vice president of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate sepl; tan! it was so
afMxed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like sutho,% y, and
acknowledges same to be the act and deed of said corporation.
My commission expires j~ti ti'�Mti Mrhyti\�ryMyyNtiyyyy
D. KRELL
November 30, 2006 1
/0-!!t NOTARY U8L►C ±
; JSOUTN 11"OTA�i
+tiM4yytitiYtihtiM44�4titititir♦titi �
CERTIFICATE D, Krell, No ry Public
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the ey-Law of the corporation printed on the reverse hereof is still in force, In testimony Whereof i have hereunto subscribed my name and affixed the seal of the said corporation this 2 5 th — day of November 2QQ3
s,�`T" WESTERN SURETY COMPANY
o � �
I
,�q�CAv ram'
Form F42So•01-02 L. Nelson, Assistant Seeretary .
..�.. a..�w DATE IMMID01
ACORD- CERTIFICATE OF LIABILITY INSURANCE 111241C
7OUCEA 305 443.48$6 THIS CERTIFICATE IS ISSUED AS A MATTER OF 1NFORMAT
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC
Acordia
Miami Division
3225 Aviation Ave, Suite 400
Coconut Grove, FL 33133
URED Weekley Asphalt Paving, Inc.
20855 S.W. 36 Street
Fort Lauderdale FL 33332
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELT
INSURERS AFFORDING COVERAGE
A: Zw4ch American msurence L.O.
INSURER M
INSUAEA C:
INSUAEA O:
Fire Ins
Ins. Co.
)VERAGE9
rh1E POLICIES OF INSURANCE LISTED 13ELOW HAVE SeEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW17H5TAN1
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE(
V1AY PERTAIN, THE INSURANCi AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SvejECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOVCBD OY PAID CLAIMS. LIMITS
LI Y (fFPeCr1Yt ObLIC PIRA 1
7YPt OF INSUAAMCQ POLICY NLiMSGA D T M
GENERALLIAOIUTY CP09310371.00 4101/03 4lOt/04 PIPEDAEACH AaeJAlct : lDnac
PIPE DAMA08 lAnv pna Nral
)( COMMtACLAL GENERAL UABIVTr s
Men t<xP 1Anr oro p�rfoA) 10I
CLAIMS MADG r7X QCCVR
PERSONAL & ADVINJURY 10�01
GEN'L AGGREGATE LIMIT APPLIES PEA:
POLICY X �LDC
AUTOMOSILII UABIUTY SAP9310372.00 4101103 4101 /04
X ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HI11£0 AUTOS
N(;N•CwNE.D AUTO$
OARAGE LIABILITY
ANY AUTO
3 EXCESS LIANIUYV CUP2573144U7 4101103 I 4101 /04
)( OCCUR CLAIMS MADE I
DoDUCTIDLE
X RETENTION f 0 00
wDAREAS CnI11pQNtAT1ON AND k06O05444.9 3/01 /03 3/01I04
EMPLOYERS' UA9ILITY
OTHER
ECCRIpTION OF OPERATIONSILOCATIONS/VEHICLESILXCLUSIONS ADDED eY ENDORSCMGNT16KCIAL PROVISIONS
CITY OF TAMARAC IS LISTED AS ADDITIONAL INSURED WITH RESPECTS TO:
810 904.068 / PHASE 5A STREET IMPROVEMENT PROGRAM,
11:0'rjr7iiE HOLDER
AnelrlaNAL INsuRE0- INSURER LETTER; CANCELLATION
CITY OF TAMARAC
PURCHASING & CONTRACTS DIV.
7525 NW 88TH AVENUE
TAMARAC, FL. 33321.2401
GENEAAL. AGGREGATE f 0 1
PROOUCTs - COMP/OP AGG s 20001
COMDINEO SINGLE LIMIT ! 1000,
IEr 9000m)
BODILY INJURY
War ParaoAI
BODILY INJURY
tear 80010an<)
ppOPERTY 15AMAGE
IPer ®CC1rsgA11
AUTO ONLY - EA ACCIDENT
A
i
OTHEA TMAN EA ACC
AUTO ONLY: AGG
EACH OCCURRENCE
I
! 500000
AGGAEGATE
11 300000
I
f
f
E.L. EACH ACCIDENT I ! 50C
E.L. DISEASE - GA EMPLOYEE f [
E.L DISEASE - POLICY LIMIT S 50r
SHCULO ANY OF THB AQOVE DESCRIBED POUCIIS BE CANCELLED BEFORE THE iXi
DATE THePeOF, THd 1Ssuwa INSURER WILL QNOGAVOA TO MAIL __M DAYS
NOTICE TO THE CERTIFICATE HOLOEA NAMED TO THE LQFT, RUT FAILURE TO 001
IMPOSE NO OQLIOATION CA LIADILITY OP ANY KIND uPON THi INSUAEA. ITS AO
0 AFLUKU I.UK►'UKA I IV
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policylieal must be endorsed. A statement
on this certificate does not confer rights to the certificate, holder in lieu of such endorsementlal.
If SUBROISATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsamentisi.
DISCLAIMER'
The Certificate of Insurance on.the reverse side of this form does not constitute a contract between
the issuing insureds), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CERTIFIED RESOLUTION
the dul elected Secretary of
I, (Name),
Y
t'�,�/ t yr �. ( ame of Carp.), a corporation organized and existing under the laws of
the St to of Yvr , 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.
^'.1 ^L...4
c.Y'.r(Name)",the
"IT IS HEREBY RES VED THAT � tz
elected`
(Title of Officer) of
(Name of Corp,) be and is hereby authorized to execute
and submit a Bid and/or Bid Bo d, 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
J.
SIGNATURE
Given under my hand and the Seal of the said corporation this day of f 20-
(SEAL)' V71S eta
S
j 7 7 ` .y
��,' IN
Corporate Titic
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.
Pap i of 1 Ce'i`aM !;'�safuNr�„
CHANGE ORDER
DATE OF ISSUANCE: April 12, 2004 CHANGE ORDER NO. 1
OWNER: CITY OF TAMARAC PROJECT NAME: Phase 5A - Street
7525 NW 88th Avenue Improvement
Tamarac, FL 33321-2401 Program
BID NO. 04-06B PROJECT NO. PW97C
CONTRACTOR Weekley Asphalt Paving, Inc. P.O. NUMBER 70739
20855 SW 36 Street
Weston, FL 33332
IN COMPLIANCE WITH SPECIFICATIONS IN THE ABOVE REFERENCED CONTRACT, THE
CONTRACTOR AND THE CITY DO BOTH HEREBYAGREE THAT THE CONTRACTOR SHALL MAKE THE
FOLLOWING CHANGES, ADDITIONS OR DELETIONS TO THE WORK SPECIFIED IN THE PLANS AND
SPECIFICATIONS:
DESCRIPTION: The scope of work under this bid provided for 6.6 miles of road resurfacing,
primary within the Woodlands Subdivision. The work included surface preparation, sanitary
manhole, catch basin, water valve, and driveway adjustments, tack coat application, levelling and
surface courses placements, and temporary and permanent pavement markings. The proposed
road additions, NW 61 Avenue and NW 57 Street, would require similar work as described in
Attachment A. These roads were not on the initial list for Phase 5A. Unit costs to resurface these
roads would be consistent with the ones in Bid No. 04-06B.
PURPOSE OF CHANGE ORDER: This change order is meant to address additional costs to allow
the contractor to resurface NW 61 Avenue and NW 57 Street as part of Phase 5A.
CHANGE IN CONTRACT PRICE
CHANGE IN CONTRACT TIME
Original Contract Price
Original Contract Time
$ 354,557.97
120 da s
Previous Change Order
Net change from previous change orders
$ 0.00
0
Contract Price prior to this Change Order
Contract Time prior to this Change Order
$ 354,557.97
120 days
Net (Increase) of this Change Order
Net (Increase) of this Change Order
$ 128,138.36
30 days
Contract Price with all approved Change Orders
Contract Time with all approved Change Orders
$ 482,696.33
150 days
MENDED APPROVED. APPROVED
BY BY /
Director zit ana er �*�% _ , `
Date o Date Date 4- -• 'b
ATTACHMENT A
4/12/2004
Phase 5A - Road Resurfacing
Change Order #1
NW 61 Avenue & NW 57 Street
Quantity
Unit Cost
Total Cost
NW 57 St.
NW 61 Ave.
Asphalt SP-9.5 (Ton)
1602
345
$ 47.75
$ 92,963.28
Tack SY
21358
4800
$ 0.01
$ 261.58
Edging of grass LF
10000
0
$ 0.38
$ 3,800.00
4" W Temp. Paint (LF)
22909
1000
$ 0.20
$ 4,781.80
6" SY Thermo (LF)
12000
0
$ 0.50
$ 6,000.00
6" DY Thermo LF
500
200
$ 1.00
$ 700.00
6" SW Thermo LF
10253
0
$ 0.70
$ 7,177.10
6" Skip W Thermo LF
0
400
$ 0.70
$ 280.00
24" Stop bars - White (LF)
120
12
$ 2.80
$ 369.60
Symbols - Arrows (Each)
6
0
$ 85.00
$ 510.00
Messages - Bike Lane(Each)
39
0
$ 150.00
$ 5,900.00
RPMs
1050
0
$ 4.50
$ 4,725.00
Water Valve Risers (Each)
0
1
$ 50.00
$ 50.00
CB Risers Installation (Each)'
0
6
$ 20.00
$ 120.00
MH Risers Installation (Each)
0
5 Is
100.00 1
$ 500.00
$ 128,138.36
This NW 61 Avenue section is a 1800 LF road south of Bailey Rd. at the east edge of the Bermuda Club property
This NW 57 Street section is almost a mile of road between University Dr. & Pine Island Road
Note: 1 City will provide Catch Basin risers
Phase V-revised numbers.xls