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City of Tamarac Resolution R-2004-088
Temp. Reso. 10416 Page 1 of 4 April 5, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004 - Rl( A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID NO. 04-05B FOR THE STORMWATER PUMP STATION REHABILITATION CONSTRUCTION TO WHARTON-SMITH, INC.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WHARTON-SMITH, INC. FOR SAID WORK; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $4,832,000.00; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS OR REVISIONS TO THE WORK PLAN PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the three stormwater pump stations on the C-14 canal are an essential part of the City's stormwater system which controls the canal levels as regulated by the South Florida Water Management District (SFWMD) west of NW 64t" Avenue/SW 81" Avenue, excluding land section 7; and WHEREAS, it is necessary to rehabilitate said pump stations which have been in service for approximately 30 years and have exceeded their useful service lifetime aggravated by significant deterioration, difficulty of obtaining spare parts, ineffectiveness of further repair attempts and outdated technology; and WHEREAS, the City of Tamarac publicly advertised Bid No. 04-05B for Stormwater Pump Stations East, Central, and West Renovations in the Sun -Sentinel on January 4 and 11, 2004; and WHEREAS, on March 24, 2004, four (4) bids were received, opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Wharton -Smith, Inc. provided the lowest responsive and responsible bid for the Stormwater Pump Stations East, Central, and West Renovations, a copy of the bid tabulation and Bid hereto attached as Exhibit 1; and Temp. Reso. 10416 Page 2 of 4 April 5, 2004 WHEREAS, available funds exist in the Stormwater Pump Station Rehabilitation Project budget for the aforesaid purpose; and WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City award Bid No. 04-05B to Wharton -Smith, Inc., for the Stormwater Pump Station Rehabilitation Construction in the amount of $4,832,000.00; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid #04-05B to Wharton -Smith, Inc., for the Stormwater Pump Station Rehabilitation Construction and authorize an expenditure in an amount not to exceed $4,832,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS' clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The award of Bid No. 04-05B for the Stormwater Pump Station Rehabilitation Construction to Wharton -Smith, Inc. is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute the Agreement between the City of Tamarac and Wharton -Smith, Inc., for the Stormwater Pump Station Rehabilitation Construction, a copy being hereto attached as Exhibit 2. SECTION 4: An expenditure in an amount not to exceed $4,832,000.00 is hereby authorized. SECTION 5: The City Manager is hereby authorized to make additions, deletions or revisions to the work plan pursuant to Section 6-156 of the Code of the City of Tamarac. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. 10416 Page 3 of 4 April 5, 2004 I L 1 SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 281h day of April, 2004. ATTEST: MA ION SWEN80N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL/S. KRAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO ape- DIST 3: VIM SULTANOF DIST 4: COMM. ROBERTS EXIIJBI-T ]_ 04-05B STORMWATER /4/5/04 PUMP STATIONS i 'RG�iS�/ Va N�' f o (� COMPARISON BID TAB ra{� CENT 2 PUMP STA WHARTON SMITH TOWER GROUP GILBERT SOUTHERN F.H. PASCHEN ITEM 2 $3,000,00 $600,00 $6.200.00 $7.000.00 ITEM 5 $1,000.00 $600.00 $5,000.00 $2.000.00 � ITEM 7 $10.000,00 $15,000,00 $11,000.00 $10,000.00 �ITEM 9 $5,000.00 iii $5,000.00 $5,000.00 $10,000.00 ITEM 11 $340.000.00 $300,000.00 $325,000,00 $220,000,00 ITEM 13 $37,800,00 $40,500.00 $81,000.00 $135,000.00 ITEM 15 $185,000.00 $300,001100 $146.000.00 $200.000,00 ITEM 17 $11,700.00 $50,000.00 $35,000,00 $200,000.00 ITEM 19 $17"" 0' $10.825.00 $14.875.00 Essnown $12.750.00 ITEM 21 $63,000,00 $15,000.00 $45,000.00 : $45.000.00 TOTAL BASE A $1 551 000.00 $2,080,825.00 $2,219,775.00 $2,847,000.00 WEST 3 PUMP STA ITEM 2 $3,000.00 $600,00 $6,200.00 $7,000,00 ITEM 5 $1,000.00 $800.00 $5.000.00 $2.000.00 ITEM 7 $5.000.00 $10.000.00 $11.000.00 $5,000.00 ITEM 9 $5,000.00 $5,000.00 $5,000.00 $10,000.00 ITEM 11 $340.000.00 $250,000,00 $325,000.00 $220,000.00 ITEM 13 $37.800.00 $40,500.00 $81.000,00 $135,000.00 ITEM 15 $180,000.00 $375,000.00 $146,000.00 $200,000.00 ITEM 17 $11,700.00 $60,000.00 $60.000.00 $200,000.00 1' ITEM 19 $17,000.00 $12,750.00 $14,875.00 $12,750.00 »ate ITEM 21 $53,OOD.00 $33.000.DO $45,000.00 $35,000.00 TOTAL BASE A $1,921,000.00 $1,889,700.00 """" $2,244,776.00 $2,817 000.00 FAST 1 PUMP STA ITEM 2 $3,000.00 $600.W $6.210.10 q$�77.000.00 ITEM 5 $1,000.00 $"'.00 $5,000,00 $2,000.00 ' �q hI' ITEM 7 $14,0"'0 $45,000.00 $56,000.00 $14.000,00 AMAM ITEM 8 $460,000.10 $750,000.00 $1,000,000,00 $1,093,480.00 ITEM 11 $36,000.00 $72,000.00 $78,000.00 $108.000.00 !F NINMOM ITEM 13 $115,000.00 $60,000.00 $85.000.00 $80,000.00 ITEM 15 $17,000,00 $10,200.00 $14,620.00 $9.520,00 ITEM 17 $12,000.00 $8,000.00 $14,D00.00 $14,000.00 ITEM 18 $26,000.00 $15,000.00 $25,000.00 $20.000.00 TOTAL BASE A $1,560,000.00 $1 895 400.00 $2,146,820.00 $2,633,000.00 GRAND TOTAL $4,832,000.00 """ $5,866,925.00 '"" $6,611,370.00 $9 297 000.00 '"Dill From Submitted Amt. ""Dlff From Submitted Amt. Math Clerical Error Corrected by City Prepared by: Albert Cohen 415/04 CONTRACT DOCUMENTS for CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS TAMARAC BID No. 04-05B City of Tamarac, Florida Tamarac Public Works Department 6011 Nob Hill Road Tamarac, Florida 33321 io> a a December 2003 CRAIG A. SMITH & ASSOCIATES 1000 West McNab Road Pompano Beach, Florida 33069 Tel (954) 782-8222 Fax (954) 786-8927 CAS Project No.: 99-0774 City of Tamarac 0. Purchasing and Contracts Division TABLE OF CONTENTS Bid 04-05B Invitationto Bid......................................................................................................5 Instructions to Bidders...........................................................................................6 SpecialConditions...............................................................................................13 SpecialProvisions...............................................................................................21 Bid Coversheet Checklist....................................................................................48 Bid Schedule.................................................................................BS-1 thru BS-22 BidForm.........................................................................................................1 of 4 Non -Collusive Affidavit .................... - Certification....................................................................................................1 of 1 Offeror's Qualification Statement.................................................................... 1-5 References.....................................................................................................1 of 1 Vendor Drug -Free Workplace........:...............................................................1 of 1 List of Subcontractors.....................................................................................1 of 1 BidBond.......................................................................................................... 1 - 2 Certified Resolution........................................................................................1 of 1 Standard Trench Safety Act Form..................................................................1 of 1 FormPayment Bond....................................................................................... 1 - 3 Form Performance Bond - Application for Payment.................................................................................1 of 1 ChangeOrder................................................................................................1 of 1 Final Release of Lien by Contractor................................................................ 1 - 2 Sample Form of Agreement............................................................................ 1-8 1 of Tamarac (e TECHNICAL SPECIFICATIONS DIVISION 0 INFORMATION, BIDDING, AND CONTRACTING 00015 List of Drawings 00320 Geotechnical Data 00330 Existing Conditions 00890 Permits DIVISION 1 GENERAL REQUIREMENTS 01110 Summary of the Work 01140 Work Restrictions 01290 Payment Procedure 01291 Schedule of Values 01293 Applications for Payment 01312 Project Meetings 01321 Construction Photographs and Video Recording 01327 Scheduling of Construction 01330 Submittal Procedures 01334 Shop Drawings, Product Data, and Samples 01450 Quality Control 01451 Contractor's Quality Control 01458 Testing and Testing Laboratory Services 01550 Traffic Control 01560 Tree and Plant Protection 01600 Equipment and Materials 01610 Basic Product Requirements 01630 Product Substitution Procedures 01660 Product Storage and Handling Requirements 01723 Protection of Adjacent Construction 01740 Cleaning 01770 Closeout Procedures 01780 Closeout Submittals 01785 Project Record Documents 01787 Operation and Maintenance Data DIVISION 2 SITE CONSTRUCTION 02200 Site Preparation 02220 Site Demolition 02300 Earthwork 02310 Grading 02315 Excavation and Fill 02319 Trenching 02630 Storm Drainage 02743 Bituminous Concrete Pavement 02756 Reinforced Cement Concrete Pavement 02775 Sidewalks 02820 Polyolefin Coated Chain Link Fencing 02820C Chain Link Swing Gates and Contracts Division of Tamarac and Contracts Division DIVISION 3 CONCRETE 03100 Concrete Formwork and Accessories 03210 Reinforcing Steel 03300 Cast -in -Place Concrete DIVISION 4 MASONRY 04064 Mortar for Engineered Masonry 04070 Masonry Grout 04200 Concrete Masonry Units 04220 Concrete Masonry Units DIVISION 5 METALS 05120 Structural Steel 05500 Metal Fabrications DIVISION 6 WOOD AND PLASTICS 06114 Wood Blocking and Curbing DIVISION 7 THERMAL AND MOISTURE PROTECTION 07514 Built -Up Asphalt Bituminous Roofing, Flashing, Gutters, and Downspouts 07920 Joint Sealants DIVISION 8 DOORS AND WINDOWS 08110 Hallow Metal Doors and Frames 08330 Roll -Up Doors DIVISION 9 FINISHES 09220 Stucco Finish 09900 Paints and Coatings DIVISION 10 SPECIALTIES 10710 Exterior Louvers DIVISION 11 EQUIPMENT 11212 Axial Flow Stormwater Pumps 11285 Hydraulic Gates DIVISION 12 FURNISHINGS (not used) DIVISION 13 SPECIAL CONSTRUCTIONS 13600 Controls and Instrumentation 13700 Remote Telemetry Units and Appurtenances DIVISION 14 CONVEYING SYSTEMS (not used) DIVISION 15 MECHANICAL 15105 Pipes and Tubes 15600 Fuel Piping System 15800 Heating, Ventilation, and Air Conditioning k] of Tamarac Purchasing and Contracts Division DIVISION 16 ELECTRICAL 16050 Electrical — General Provisions 16108 Miscellaneous Equipment 16110 Raceways and Fittings 16120 Wires and Cables 16150 480-Volt Motors 16160 Panelboards 16216 Diesel Engine Driven Generator 16450 Grounding System 16500 Lighting System 16921 480-Volt Motor Control Centers Purchasing and Contracts Division INVITATION TO BID BID NO.04-05B Sealed bids, addressed to the Senior Procurement Specialist of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 4:00 p.m. local time on March 3, 2004 at which time bids will be publicly opened and announced for: STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. Submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids shall be submitted on the official Bid Forms furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal should be plainly marked "City of Tamarac Stormwater Pump Stations East, Central, & West Renovations" on the outside of the envelope. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount not less than 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Pre -Bid Conference will be held on Friday, January 29, 2004 at 10:00 a.m. at the Tamarac Municipal Complex, Conference Room 105, 7525 NW 881h Avenue, Tamarac, Florida. All parties interested in bidding on this project should attend this meeting. The work to be performed consists of the Contractor furnishing all labor, materials, tools, and equipment necessary, as indicated in the specifications, to construct the City of Tamarac East, Central, & West Stormwater Pump Stations, which includes the demolition and removal of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and purchase in the Purchasing Office and may be purchased at a cost of $90.00 per set. Payment must be made to the City of Tamarac. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450. For technical issues, fax questions to Craig A. Smith & Associates, Inc. at (954) 786-8927. Include the Project Name and Bid Number on all correspondence. James S. Nicotra, CPPB Senior Procurement Specialist Publish Sun Sentinel: Sunday, 01/04 and 01/11/2004 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamarac.org Equal Opportunity Employer of Tamarac (0. Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS li"s Z[•KILI1IM::3 It is the intent of the City to award this bid to the lowest responsible and responsive bidder for either the base bid or base bid plus any/or all alternates, as the City determines is in its best interest. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for the improvements to construct the City of Tamarac East, Central, & West Stormwater Pump Stations, which includes the demolition and removal of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on or before 4:00 p.m., March 3, 2004. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid name and number on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid package. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation. If requests for clarifications are not submitted in writing to the Consultant within ten (10) working days prior to bid opening, it shall be construed that the Bidder fully understands and does comply with all terms, conditions and specifications identified in this bid. The Bidder shall submit one (1) original document, marked "Original" on its exterior, prior to the bid opening deadline. Two (2) photocopies should accompany your original; however, copies must be made available within 3 business days of City's request. 6 of Tamarac Purchasing and Contracts Division .. .. .... .... . .... . 0 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 should be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety days from the date of the bid opening unless otherwise stated by the City. �:10Ik,10111113 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. The Bonding must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 3. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 4. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit and should submit the form with the Proposal. The City considers failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Proposal if not received within three (3) business days of City's request. 6. QUANTITIES Quantities if shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. of Tamarac -0 Purchasing and Contracts Division 7. 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 should enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. Phase One of this project, Central and West Pump Stations only, shall be completed within 365 calendar days from the 1st Notice to Proceed. Phase Two, East Pump Station, shall be completed within 270 calendar days from the City's 2nd Notice to Proceed. (Reference Paragraph 32.1 in the Special Provisions for further detail). 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 brochures, specifications and/or samples to the Consultant within ten (10) days of bid opening. The City shall be the sole judge of equality. 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 1.1 City of Tamarac e. Purchasing and Contracts Division 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 of Tamarac Risk Management Division, 7525 NW 88th Avenue, Tamarac FL 33321-2401. 14. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid'shall be just cause for the cancellation of the bid award. The City may, by written. notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 15. DEFAULT In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY Upon thirty (30) 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 R of Tamarac and Contracts Division 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 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. 10 Cityof Tamarac e. Purchasing and Contracts Division 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: Limits Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Occurrence Aggregate $2,000,000 $2,000,000 Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory If this project exposes any asbestos related scope, the Contractor will report such required remediation under State and/or Federal guidelines to the Project Manager. The Contractor will be required to submit proof of asbestos remediation liability coverage with a limit as designated by the City's Risk & Safety Manager at a time prior to actual remediation. Builder's Risk Insurance is required in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value. The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance 11 of Tamarac Purchasing and Contracts Division certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 24. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 25. CLARIFICATION TO TERMS AND CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, requests for clarification or solicitation for additional information should be submitted in writing to the Consultant within ten (10) days prior to bid opening. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26. BID TABULATION Bidders who wish to receive a mailed copy of the bid tabulation should enclose a stamped, self-addressed envelope with their bid, or request a faxed copy by including a fax number. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 12 of Tamarac Purchasing and Contracts Division 27. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified foreman present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict vehicular and pedestrian traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. 13 of Tamarac Purchasing and Contracts Division 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 Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Engineering and Building permits. However, the City shall reimburse permit fees under provisions for bid item allowance, as referenced on the bid form included in this package. 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. 5. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the Construction Plans prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized himself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the Public Works Department, Building Department, and the Parks and Recreation Department of the City of Tamarac, and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 8:00 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, 14 City of Tamarac 0 Purchasing and Contracts Division the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. T. 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. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and 15 of Tamarac R . Purchasing and Contracts Division Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. CHANGES IN THE WORK/CONTRACT 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. lei: ►_Vlei : -] IZ Kole] ►1111:X_Te i 11,J 2 13. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 13.1 Notice Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.2 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be 16 of Tamarac e. Purchasing and Contracts Division allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 15. LIgUIDATED 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 11000.00 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 17 of Tamarac Purchasing and Contracts Division 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 award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18 of Tamarac t. Purchasing and Contracts Division 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing work including overhead utilities and underground cables and pipes. Excavation of paver area within five feet (5) of utilities shall be performed by hand. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800- 432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. The City's designated Contractor shall accomplish patching and replacing damaged work and the CONTRACTOR will pay the cost of this work. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall __.. examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake 19 Cityof Tamarac ON Purchasing and Contracts Division accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 20. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Bid Schedule. The Contractor is not to use this contingency allowance without permission from the City and upon written justification to the City for such use. 20 City of Tamarac 1. PURPOSE OF BID t. Purchasing and Contracts Division SPECIAL PROVISIONS The City of Tamarac is hereby requesting Bids, from qualified Contractors, to construct the City of Tamarac East, Central, & West Stormwater Pump Stations, which includes the demolition and removal of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment -- the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2A Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid No. 04-05B, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2.7 Contract Times — the number of days or dates stated in the Contract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer's/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 21 City of Tamarac 0. Purchasing and Contracts Division Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager -- The City's authorized project representative. The words "Engineer" and "Project Manager" are used interchangeably. 2.12 Field Order -- A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Times. 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications — Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor -- An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the City's acceptance of the job. 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 22 yof Tamarac V.- Purchasing and Contracts Division 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive — A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence- (1) The Special Provisions (2) The Technical Specifications (3) The Instructions to Bidders and General Terms and Conditions (4) The Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall 23 of Tamarac and Contracts Division mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 5. SUPPLEMENTS MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6. CONTRACT TIME 6.1 By virtue of the submission of its bid, Bidder agrees and fully understands that the completion time of the work of the Contract is an essential and material condition of the Contract and that time is of the essence. The successful Bidder agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof, within the time specified. Phase One of this project, Central and West Pump Stations only, shall be completed within 365 calendar days from the 1st Notice to Proceed. Phase Two, East Pump Station, shall be completed within 270 calendar days from the City's 2nd Notice to Proceed. (Reference Paragraph 32.1 in the Special Provisions for further detail). 7. CONTRACTOR'S ADDITIONAL RESPONSIBILITY 7.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 7.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 7.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 7.4 The Contractor shall assign to the work site at least one (1) supervisor at all times who shall be a certified arborist or hold a Broward County Tree 24 of Tamarac and Contracts Division Trimming B License and capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. 7.5 The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 7.6 The Contractor shall be aware that the job 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. 7.8 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 7.9 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 25 City of Tamarac t Purchasing and Contracts Division 7.10 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 7.12 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 7.13 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 7.14 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 7.15 The Contractor shall correct all Work, which does not conform to the Contract Documents. 7.16 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 7.17 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.18 Without limiting the foregoing, the Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 26 of Tamarac 0. Purchasing and Contracts Division 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 The Contractor shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such work. All Work Directives must be approved by the City Manager or designee identified as such in writing. 7.22 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 7.23 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 7.24 Any coring of existing structures, including seawalls, required for installation of any items within the scope of this contract are the responsibility of the Contractor. 7.25 The Contractor is responsible for dewatering jacking and receiving pits and for dewatering the path of proposed irrigation crossings. Where the ground water level is above the invert of the proposed crossing, dewatering is necessary to reduce the water level to below invert of the proposed crossing, and must be designed, installed and in operation prior to beginning the crossing. 8. FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT AND THE STREETS 8.1 The Contractor shall be familiar with the total scope of the project, interpretation of the plans/drawings, if any, and the streets prior to commencement of any work. The City will not provide any elevations for reference. The Contractor shall be responsible for all layouts including establishing proper grades to maintain or improve the existing stormwater flow. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. 27 City of Tamarac t. Purchasing and Contracts Division 8.2 The Contractor shall be responsible for locating all utilities that may interfere with this part of the resurfacing program. The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 8.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 9. SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, The Contractor shall submit to The Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 9.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 9.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 9.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 9.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor 28 City of Tamarac t. Purchasing and Contracts Division for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 10.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in- the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 11. CITY'S RESPONSIBILITIES 11.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 11.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 11.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 11.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 29 City of Tamarac t. Purchasing and Contracts Division 11.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 11.6 The City shall communicate with subcontractors only through the Contractor. 11.7 The City shall furnish data required of the City under the Contract Documents promptly. 11.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 12. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 12.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 12.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 12.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 12.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not of Tamarac 0. Purchasing and Contracts Division involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. 12.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 13. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL Although the City will make every effort to provide suitable areas, including public right-of-way, to store equipment and material it shall be the Contractor's responsibility to find and secure suitable and safe locations for this purpose. Restoration of all storage areas shall be Contractor's responsibility. 14. CLEANUP AND RESTORATION 14.1 During and after completion of all work each day, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of dust and loose material.. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of each workday. It shall be the Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 14.2 Cleanup shall be performed on a daily basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per Section 15, 'DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY". 14.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 14.4 The project site and all adjacent areas shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 14.5 If the Contractor fails to properly maintain the site or perform required clean- ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 31 City of Tamarac 91 Purchasing and Contracts Division 14.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 15.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 15.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 15.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 15.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 15.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 16. CONNECTION TO CITY WATER The contractor must have secured all applicable permits prior to the connection of any irrigation system to City Water. The contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to inspection of work. 17. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 17.1 Unless noted otherwise, Specifications and Special Provisions contained in this Contract shall supersede any other specifications or provisions of FDOT or any other agency noted in the Contract Documents. In case of conflicts, the most stringent provisions shall prevail. 32 City of Tamarac Purchasing and Contracts Division 17.2 The Contractor shall immediately bring to the attention of the Engineer/Project Manager any conflicts, discrepancies or ambiguities between the Specifications and Special Provisions listed in the Contract Documents. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. 18. BASIS OF PAYMENT UNIT PRICES AND RIGHT TO CHANGE QUANTITIES 18.1 Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items, and shall be based upon the actual quantities placed. 18.2 Quantities, as identified in the Schedule of Quantities and Price section, are for estimate and bidding purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. 18.3 The City reserves the right to add or delete any item and adjust the contract quantities based upon the contract unit price which best serves the interest of the City. No other adjustment shall be allowed unless approved in advance by the City. 19. ACCEPTANCE OF WORK 19.1 Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 20. TESTS AND INSPECTIONS 20.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 20.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 20.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or 33 of Tamarac Purchasing and Contracts Division indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 21. CORRECTION OR REMOVAL OF DEFECTIVE WORK 21.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 21.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 21.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such- order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 21.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 22. PROGRESS PAYMENTS 22.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro -rats shares of the payment out of previous progress payments received by the Contractor for all Work 34 of Tamarac e. Purchasing and Contracts Division completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 22.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 22.3 The City shall retain Ten percent (10%) of all monies earned by the Contractor until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 22.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 22.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. 22.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 22.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the 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 35 City of Tamarac Purchasing and Contracts Division Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 22.9 The Contractor may apply for the return of the retainage held pursuant to Section 22.3, if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both. Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed. The requirements of retainage include the following: 22.9.1 Repair and/or replacement of faulty or defective Work. 22.9.2 As -built drawings are submitted to and accepted by the City. 22.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 22.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 22.9.5 Release of Lien is submitted and accepted by the City. 22.9.6 The Contractor's completion of Punch List. 22.9.7 Warranties are submitted to and accepted by the City. 23. CHANGE QUANTITIES/CHANGE ORDERS 23.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A Written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 23.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the Tamarac City Commission prior to their issuance and before Work may begin. 23.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 23.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 36 of Tamarac 0 Purchasing and Contracts Division 23.5 The Engineer/Project Manager on forms provided by the City shall prepare Proposed Change Orders. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 23.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 23.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 23.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 23.9 ' Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than three (3) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 23.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 23.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 23.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 23.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 37 of Tamarac 24. REGULATORY CHANGES and Contracts Division The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 25. SUBSTANTIAL COMPLETION The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 26. FINAL INSPECTION Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 27. FINAL APPLICATION FOR PAYMENT 27.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 27.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with 38 of Tamarac 0. Purchasing and Contracts Division the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As - built" drawings. 28. FINAL PAYMENT AND ACCEPTANCE 28.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor. 28.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Engineer/Project Manager so confirms, the City shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 28.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been issued by the Engineer/Project Manager. The making of final RA City of Tamarac Purchasing and Contracts Division .. . ............. e. payment shall constitute a waiver of claims by the City except those arising from: 28.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 28.3.2 Faulty or defective Work and latent defects discovered after acceptance. 28.3.3 Failure of the Work to comply with the requirements of the contract documents. 28.3.4 Terms of special warranties required by the contract documents. 28.3.5 Any of the Contractor's continuing obligations under this Agreement. 28.4 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. 29. CITY'S RIGHT TO WITHHOLD PAYMENT 29.1 The' City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 29.1.1 Defective Work not remedied. 29.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 29.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 29.1.4 Damage to another Contractor not remedied. 29.1.5 The Contractor has incurred liability for liquidated damages. 29.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 29.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 29.1.8 Failure to carry out the Work in accordance with the Contract Documents. 29.2 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in park. Upi of Tamarac t. Purchasing and Contracts Division 30. WARRANTIES 30.1 Not withstanding any provisions of the Technical Specifications the Contractor shall warranty the soundness of all work as noted in the Technical Specifications from the date of final acceptance of work. The Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. 30.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 30.3 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 30.4 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind Which would have an adverse effect on its ability to perform its obligations under the Contract. 31. CORRECTION PERIOD 31.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of acceptance by the City. If within the period of warranty from the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 31.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an 41 yof Tamarac V. Purchasing and Contracts Division additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 31.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Section 32.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 32. CONTRACT TIME 32.1 Time is of the Essence for Work performed under the Contract. The Work, as identified in the construction plans Section shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed as within the calendar days listed below. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this contract and subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with the Liquidated Damages provisions as specified under the General Terms and Conditions of this bid/solicitation. NOTE: This project contains two (2) Phases. Phase One consists of all work related to the Central and West Pump Stations. Phase Two consists of all work related to the East Pump Station. It is the City's intent to award and complete the project for both Phases within the total days specified for each in the bid document. Each Phase shall have it's own Payment & Performance Bond in the amount of 100% of the bid amount for each phase. Phase Two bonding will not be required until substantial completion of Phase One. * VA"An kVt VtM C06,�� -C4C Phase One will commence after award of theconttrract�and iss ance o CiZ''s' 4- Notice To Proceed. The issuance of a 2nd Notice To Proceed for Phase Two, East Pump Station, is contingent upon the City's ability to obtain the legal right to fully access all property required to perform the scope of work detailed in the bid specification for the East Pump Station. For purpose of award, Phase One and Phase Two will be added together to determine the apparent low bidder. The City has set a Phase One completion timeframe of 365 calendar days (not including any potential City approved extensions). If after that time, full legal right to access the property required to perform Phase Two has not been obtained, the City will add up to an additional 180 calendar days to the contract time. After 180 calendar days, if full 42 Tamarac 0 Purchasing and Contracts Division legal property access is still pending, the City reserves the right not to issue the 2nd Notice To Proceed for Phase Two, East Pump Station and to issue a deduct change order to the contract equal to the bid amount for all Phase Two bid items without any additional claim for payment by the Contractor. Submission of a bid shall be the bidder's acceptance of this contract term. If after completion and acceptance of Phase One work and within the additional 180 calendar days the full legal right has been obtained by the City to perform Phase Two, the 2nd Notice to proceed will be issued with a required time of completion of 270 calendar days plus any potential City approved extensions. The Contractor will also be allowed the Re -Mobilization contingency fee as submitted by the awarded Contractor in the Schedule of Prices, if the 2nd Notice to Proceed is issued after final completion of Phase One and within the additional 180 calendar day period as previously mentioned above, providing the Contractor has substantially demobilized after completion and acceptance of Phase One by the City. The Re -Mobilization contingency fee will not be allowed if the City obtains full legal right to perform Phase Two prior to completion of Phase One. Note: An Unbalanced bid price submitted for the Re -Mobilization contingency item may be reason for rejection of bid. 32.2 The Contractor shall provide services as expeditiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 32.3 Time limits stated in the Contract Documents shall be strictly adhered to. The Work to be performed under this Agreement shall commence as directed in the Notice to Proceed unless otherwise agreed in writing. 32.4 Contract Time may only be changed by a properly and fully executed change order that shall exist prior to the extension of the Contract Time. 32.5 Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. 32.6 Extension of time shall be considered and will be based solely upon the effect of delays to work as a whole. Extensions of time shall not be granted for delays to work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of the work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the Construction Schedule. Time extensions shall not be granted until all float or contingency time, resulting from the early completion of work on the critical path, available to absorb specific delays and associated impacts is used. 32.7 The Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from the City for direct, indirect, 43 City of Tamarac tI. Purchasing and Contracts Division consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, or extended overhead arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of the City or its agents. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusable Events of Delay": 32.7.1 An act, delay or order of the City obstructing or delaying the Contractor in the commencement, prosecution or completion of a Project activity other than an act, delay or order issued by the City reasonably in good faith in its role as a Government regulator or actions reasonably taken by the City in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection shall be deemed an Excusable Event of Delay to the extent that performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or negligence of the Contractor or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other term or condition of this Contract. 32.7.2 Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the Contractor or attributable to the Contractor), floods, epidemics, quarantine restrictions and freight embargoes. 32.7.3 Strikes which are unforeseeable or beyond the control of the Contractor to prevent and which are not the result of any or negligence of the Contractor, but only if the Contractor takes reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. 32.7.4 Weather conditions exceeding normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale weather station. 32.7.5 The City acting reasonably, will determine the number of days, if any, that the Contractor has been delayed. Any disputes over the number of days, if any, that the Contractor has been delayed shall be resolved in accordance with the Dispute Resolution provisions. 44 City of Tamarac Purchasing and Contracts Division In addition, the Contractor shall continue performance of the Contract Documents. 32.8 When any period of time is referred to in the Contract Documents in days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 33. CONSTRUCTION SCHEDULE 33.1 The construction schedule shall be in the form of a tabulation, chart or graph (MS Project 98) and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. 33.2 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 33.3 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 33.4 The construction schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 33.5 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. The Contractor shall not utilize such time without the prior written consent of the City. 33.6 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineering/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. 34. PROTECTION OF PERSONS AND PROPERTY 34.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act 45 City of Tamarac Purchasing and Contracts Division (OSHA) standards for safety precautions and programs in connection with the Work. 34.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 34.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 34.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 34.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 34.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 34.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. 35. TRAFFIC CONTROL AND WORKING HOURS 35.1 The Contractor shall be responsible for maintaining all traffic controls during the entire period of resurfacing. All traffic controls shall conform to Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest editions and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work should be avoided during peak traffic hours. Working hours are set between 8 A.M. to 4 P.M. any deviation shall be approved in advance by the City. 35.2 The Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 35.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 46 City of Tamarac 0 Purchasing and Contracts Division 35.4 All unit prices provided by the Contractor as a part of this Bid shall include all cost relating to the Maintenance of Traffic including any and all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. 36. HURRICANE AND SEVERE WEATHER PRECAUTIONS 36.1 At the direction of the Engineer/Project Manager, the Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 36.2 All construction materials or equipment will be secured against displacement by wind forces. 37. WORK BY THE CITY OR CITY'S CONTRACTORS 37.1 The. City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 37.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 37.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 47 [.fir!'✓ L� i COMPANY NAME: (Please Print). Wharton-Smith, Inc. Phone: 407/321-8410 Fax: 407/323-1236 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 0 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. x� 2. Properly fill out the Bid Forms and Bid Schedule. 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. Q 5. Fill out the Offeror's Qualification Statement, 0 6. Fill out the References page. 0 7. Sign the Vendor Drug Free Workplace Form. 8. Fill out the list Of Subcontractors. 9. Include a 5% Bid Guaranty. Failure to provide the stipulated bond or guaranty will result in automatic rejection of your bid. Payment and Performance Bonds will be required and must be submitted on the City's forms. 0 10. Fill out and sign the Certified Resolution. 0 11, Complete and return the Trench Safety form. 12. Include proof of insurance. 0 13, Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. WHARTON-SMITH. INC. Bidder's Name CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS BID NO. 04-05B BID SCHEDULE BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS FOR THE FOLLOWING UNIT PRICES OR LUMP SUMS: NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES. The Total Cost on any Unit Price item is simply, Quantity times the Unit Cost and is payable only to the extent of the actual units of usage. Any discrepancy between the unit and total, the unit cost prevails. (PHASE ONE) CENTRAL (No.-2)„ RUMP STATION ITEM ITEM DESCRIPTION No. Mobilization & Demobilization, Bonds & General Conditions. The lump sum amount for mobilization and demobilization shall include the costs of transporting equipment to and from the site, clean up and disposal of debris, excess pipe, asphalt, surplus excavation, and all other costs incidental or necessary to initiate and terminate construction. The lump sum amount shall include the full cost of providing and maintaining current all performance, payment, maintenance, and warranty bonds, insurance, and all required construction permits. QUANT. UNITS UNIT COST TOTAL COST 2 Density Testing as indicated in Section 01458 And 02315 of the Contract Specifications. QUANT, UNITS UNIT COST 1 LS ,�), CICC, -- TOTAL COST - ), c cc", BS-1 VY iON-SMITH, INC. Bidder's Name (PHASE ONE) CENTRAL_(No. 2) PUMP STATION ITEM ITEM DESCRIPTION No. 4 Survey stakeout & certified "as -built" record drawings. The lump sum amount submitted shall include all the cost of labor, equipment and material necessary to produce the record drawings in accordance with Section 01785 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 1 LS 1_) ? L? � 5 Pre -construction videotapes and construction photographs, as. indicated in Section 01321 of the Contract Specifications. QUANT. UNITS UNIT COST 1 LS TOTAL COST 6 Furnish all material, equipment, and labor necessary to provide, install, and maintain 6-0" high, chain link construction fencing with fabric privacy screening. Construction fencing shall be placed around the perimeter of the construction site and shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 1 L5 BS-2R Revised 03/17/04 WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) CENTRAL No. 2 PUMP STATION ITEM ITEM DESCRIPTION No. 7 Furnish all material, equipment, and labor necessary to provide, install, and maintain 8'-0" wide, asphalt paved bicycle path to divert pedestrian traffic around construction zone. Temporary bicycle path shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 1 Ls J b 1 c)f,6 8 Furnish all materials, equipment and labor necessary for removing and disposing at a suitable facility offsite the existing pump station building, axial flow pumps, piping, and equipment, existing propane tanks, tank supports, and underground gas piping, bypass culvert, pump discharge pipes, flap gates, rip -rap headwall, concrete control structure, reinforced concrete walkways, asphalt pavement, handrailing, chain link fence, and landscaping, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS ctc 9 Furnish all materials, equipment and labor necessary to install canal turbidity barriers and temporary silt fence, to be maintained during the duration of the project. QUANT, UNITS UNIT COST 1 LS TOTAL COST RR _'I WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) CENTRAL (No. 2) PUMP STATION ITEM ITEM DESCRIPTION No. 10 Furnish all materials, equipment and labor necessary to construct all structural work (concrete and steel) including but not limited to: reinforced concrete pump station walls, wing walls, foundation slabs, footings, headwall structure; all structural steel and channel beams for supporting pumps, motors, grating, bar rack, and canal protection grate. The lump sum amount shall include all temporary sheet piling and dewatering operations necessary to construct the pump station, as shown on the plans and in accordance with the specifications,, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS C1,C)M) 11 Furnish all material, equipment and labor required for the furnishing and installation of the storm water pump station components including but not limited to: three (3) 36-inch diameter Vertical Style Axial Flow Propeller Pumps with not less than 150-HP electric motor drives; three (3) mounting base plate assembles; three (3) 36 inch diameter discharge flap gates, 60-inch bypass sluice gate; and two (2) eight (8) hour days of start-up and operation training by the pump manufacturer's factory certified technician. QUANT. UNITS UNIT COST TOTAL COST 1 LS L_ - L?I N �-' .�.. 12 Furnish all materials, equipment and labor necessary to install 60-inch diameter RCP bypass culvert pipe, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 90 LF :�L % �':,C 13 Furnish all materials, equipment and labor necessary to install 36-inch diameter DIP discharge piping, as shown on the plans. QUANT. UNITS UNIT COST 270 LF ) 40 TOTAL COST MMKII WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) CENTRAL No. 2 PUMP STATION ITEM ITEM DESCRIPTION No. 14 Furnish all materials, equipment and labor necessary to construct inclined removable aluminum bar rack assembly, aluminum pump sump grating, aluminum handrailings, and all miscellaneous metal work, including painting, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS ---IIS.ctb 15 Furnish all materials, equipment and labor necessary to install all stormwater pump station electrical and instrumentation work, complete SCADA & RTU system, emergency power generator with fuel storage tank, including but not limited to: motor control center, starters, new FPL transformer, cabinets, conduits, wire cables, pull boxes, lighting, power receptacles, switches, breakers, reinforced concrete equipment pads, and all necessary electrical circuits, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST 1 LS TOTAL COST 16 Furnish all materials, equipment and labor necessary to install permanent vinyl - coated, chain link fence with two (2) double gates, as shown on the plans and as indicated in the Contract Specifications. QUANT. UNITS UNIT COST 1,300 LF TOTAL COST BS-5 WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) CENTRAL (No. 2) PUMP STATION ITEM ITEM DESCRIPTION No. 17 Furnish all materials, equipment and labor necessary to excavate pump station pond to the elevations shown on the plans. The lump sum includes the loading, hauling, and disposal of existing sand, silt, soil, vegetation, rocks, boulders, rip - rap, materials, scrap steel, etc. at a suitable facility offsite. As shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 18 Furnish all materials, equipment and labor necessary to construct new asphalt pavement including base and sub -base material, as shown on the plan. QUANT. UNITS UNIT COST TOTAL COST 500 SY , ce 19 Furnish all material, equipment, and labor necessary to install 6-inch thick concrete sidewalk, as directed by the City. The unit price shall include sawcutting, removal, and disposal of existing concrete sidewalk; supply and placement of concrete pavement; removing surplus material, and cleaning up the site. QUANT. UNITS UNIT COST TOTAL COST 425 SY 20 Furnish all materials, equipment and labor necessary to install compacted subgrade material for the pump station foundation and compacted backfill to the finished grade between the temporary sheet piling and the pump station walls, as required. Note: payment for this Bid Item shall be based solely upon the compacted -in -place measurement of the installed material. QUANT. UNITS UNIT COST 2,000 CY q TOTAL COST w • WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) CENTRAL No. 2 PUMP STATION ITEM ITEM DESCRIPTION No. 21 Furnish all materials, equipment and labor necessary for grading, sodding, installation of irrigation system, and landscaping around the stormwater pump station, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 1 LS 2,, 22 A contingency allowance for unforeseen equipment, materials, or other work not directly or indirectly included in any of the items listed. All work paid for under this item must be authorized in writing by the City and Engineer. If the amount is not used either wholly or in part, the amount not used shall be deducted from the contract price. TOTAL BASE BID AMOUNT Sum Of Items 1 through 22 $165,000.00 BS-7 WHARTON-SMITH, INC. Bidder's Name C�itr'L�Iafs1►51, :71TO STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS BID NO. 04-05B --III] -No BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS FOR THE FOLLOWING UNIT PRICES OR LUMP SUMS: NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES. The Total Cost on any Unit Price item is simply, Quantity times the Unit Cost and is payable only to the extent of the actual units of usage. Any discrepancy between the unit and total, the unit cost prevails. (PHASE ONE) WEST (No. 3) PUMP STATION. ITEM ITEM DESCRIPTION No. 1 Mobilization & Demobilization, Bonds & General Conditions. The lump sum amount for mobilization and demobilization shall include the costs of transporting equipment to and from the site, clean up and disposal of debris, excess pipe, asphalt, surplus excavation, and all other costs incidental or necessary to initiate and terminate construction. The lump sum amount shall include the full cost of providing and maintaining current all performance, payment, maintenance, and warranty bonds, insurance, and all required construction permits. QUANT. UNITS UNIT COST 1 LS ICCILLL TOTAL COST 2 Density Testing as indicated in Section 01458 And 02315 of the Contract Specifications. QUANT, UNITS UNIT COST TOTAL COST Mr WHARTON-SMITH, INC. Bidder's Name (PHASE ONE) WEST Mo. 3 PUMP STATION ITEM ITEM DESCRIPTION No. 4 Survey stakeout & certified "as -built" record drawings. The lump sum amount submitted shall include all the cost of labor, equipment and material necessary to produce the record drawings in accordance with Section 01785 of the Contract Specifications. QUANT. UNITS UNIT COST 1 LS' TOTAL COST 5 Pre -construction videotapes and construction photographs, as indicated in Section 01321 of the Contract Specifications. QUANT. UNITS UNIT COST 1 LS f, E��L', TOTAL COST 1, oL,C) 6 Furnish all material, equipment, and labor necessary to provide, install, and maintain 6-0" high, chain link construction fencing with fabric privacy screening. Construction fencing shall be placed around the perimeter of the construction site and shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 1 LS A c >cv Lk CU) BS-9R Revised 03/17/2004 WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) WEST ( No• _3) PUMP STATION ITEM ITEM DESCRIPTION No. 7 Furnish all material, equipment, and labor necessary to provide, install, and maintain 8'-0" wide, asphalt paved bicycle path to divert pedestrian traffic around construction zone. Temporary bicycle path shall remain in place throughout the duration of the Project. QUANT. UNITS UNIT COST TOTAL COST 8 Furnish all materials, equipment and labor necessary for removing and disposing at a suitable facility offsite the existing pump station building, axial flow pumps, piping, and equipment, existing propane tanks, tank supports, and underground gas piping, bypass culvert, pump discharge pipes, flap gates, rip -rap headwall, concrete control structure, reinforced concrete walkways, asphalt pavement, handrailing, chain link fence, and landscaping, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS ,QQ, r ` X? 'go ) 9 Furnish all materials, equipment and labor necessary to install canal turbidity barriers and temporary silt fence, to be maintained during the duration of the project. QUANT. UNITS UNIT COST 1 LS BS-10 WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) WEST No. 3 PUMP STATION ITEM ITEM DESCRIPTION No. 10 Furnish all materials, equipment and labor necessary to construct all structural work (concrete and steel) including but not limited to: reinforced concrete pump station walls, wing walls, foundation slabs, footings, headwall structure; all structural steel and channel beams for supporting pumps, motors, grating, bar rack, and canal protection grate. The lump sum amount shall include all temporary sheet piling and dewatering operations necessary to construct the pump station, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST ri 11 Furnish all material, equipment and labor required for the furnishing and installation of the storm water pump station components including but not limited to: three (3) 36-inch diameter Vertical Style Axial Flow Propeller Pumps with not less than 150-HP electric motor drives; three (3) mounting base plate assembles; three (3) 36 inch diameter discharge flap gates, 60-inch bypass sluice gate; and two (2) eight (8) hour days of start-up and operation training by the pump manufacturer's factory certified technician. QUANT. UNITS UNIT COST TOTAL COST 1 LSyL:, 12 Furnish all materials, equipment and labor necessary to install 60-inch diameter RCP bypass culvert pipe, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 90 LF :1 _' ._ r5 _,, 13 Furnish all materials, equipment and labor necessary to install 36-inch diameter DIP discharge piping, as shown on the plans. QUANT. UNITS UNIT COST 270 LF ILIQ TOTAL COST -;i�1�-'.. BS-11 WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) WEST(No, 3) PUMP STATION ITEM ITEM DESCRIPTION No. 14 Furnish all materials, equipment and labor necessary to construct inclined removable aluminum bar rack assembly, aluminum pump sump grating, aluminum handrailings, and all miscellaneous metal work, including painting, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 15 Furnish all materials, equipment and labor necessary to install all stormwater Pump station electrical and instrumentation work, complete SCADA & RTU system, emergency power generator with fuel storage tank, including but not limited to: motor control center, starters, new FPL transformer, cabinets, conduits, wire cables, pull boxes, lighting, power receptacles, switches, breakers, reinforced concrete equipment pads, and all necessary electrical circuits, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS -- �\- 16 Furnish all materials, equipment and labor necessary to install permanent vinyl - coated, chain link fence with two (2) double gates, as shown on the plans and as indicated in the Contract Specifications. QUANT. UNITS UNIT COST 1,300 LF `9C3 TOTAL COST BS-12 WHARTON-SMITH. INC. Bidder's Name (PHASE ONE) WEST No. 3 PUMP STATION ITEM ITEM DESCRIPTION No. 17 Furnish all materials, equipment and labor necessary to excavate pump station pond to the elevations shown on the plans. The lump sum includes the loading, hauling, and disposal of existing sand, silt, soil, vegetation, rocks, boulders, rip - rap, materials, scrap steel, etc, at a suitable facility offsite. As shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST 1 LS r l�C> TOTAL COST 18 Furnish all materials, equipment and labor necessary to construct new asphalt pavement including base and sub -base material, as shown on the plan. QUANT. UNITS UNIT COST 500 SY �,(D TOTAL COST Up -- 19 Furnish all material, equipment, and labor necessary to install 6-inch thick concrete sidewalk, as directed by the City. The unit price shall include sawcutting, removal, and disposal of existing concrete sidewalk; supply and placement of concrete pavement; removing surplus material, and cleaning up the site. QUANT. UNITS UNIT COST TOTAL COST 425 SY L{'c _ r."i , 20 Furnish all materials, equipment and labor necessary to install compacted subgrade material for the pump station foundation and compacted backfill to the finished grade between the temporary sheet piling and the pump station walls, as required. Note: payment for this Bid Item shall be based solely upon the compacted -in. -place measurement of the installed material. QUANT. UNITS UNIT COST 2,000 CY "..� TOTAL COST )[Loll) ._ BS-13 WHARTON-SMITH. INC, Bidder's Name (PHASE ONE) WEST No. 3 PUMP STATION ITEM ITEM DESCRIPTION No. 21 Furnish all materials, equipment and labor necessary for grading, sodding, installation of irrigation system, and landscaping around the stormwater pump station, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST L 22 A contingency allowance for unforeseen equipment, materials, or other work not directly or indirectly included in any of the items listed. All work paid for under this item must be authorized in writing by the City and Engineer. If the amount is not used either wholly or in part, the amount not used shall be deducted from the contract price. TOTAL BASE BID AMOUNT Sum Of Items 1 through 22 $165,000.00 (� ) Lzb WHARTON-SMITH, INC. Bidder's Name CITY OF TAMARAC STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS BID NO. 04-05B BID SCHEDULE BIDDER AGREES TO PERFORM ALL THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS FOR THE FOLLOWING UNIT PRICES OR LUMP SUMS: NOTE: BIDS SHALL INCLUDE SALES TAX AND ALL OTHER APPLICABLE TAXES. The Total Cost on any Unit Price item is simply, Quantity times the Unit Cost and is payable only to the extent of the actual units of usage. Any discrepancy between the unit and total, the unit cost prevails. (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 1 Mobilization & Demobilization, Bonds & General Conditions. The lump sum amount for mobilization and demobilization shall include the costs of transporting equipment to and from the site, clean up and disposal of debris, excess pipe, asphalt, surplus excavation, and all other costs incidental or necessary to initiate and terminate construction. The lump sum amount shall include the full cost of providing and maintaining current all performance, payment, maintenance, and warranty bonds, insurance, and all required construction permits. QUANT. UNITS UNIT COST TOTAL COST 2 Density Testing as indicated in Section 01458 And 02315 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 1 LSD C7 L...___ BS-15 T0► 41lM1TK i� Bidder's Name (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. w. • • w. • r ��r - QUANT. UNITS UNIT COST TOTAL COST 4 66- --- — 4 Survey stakeout & certified "as -built" record drawings. The lump sum amount submitted shall include all the cost of labor, equipment and material necessary to produce the record drawings in accordance with Section 01785 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 5 Pre -construction videotapes and construction photographs, as indicated in Section 01321 of the Contract Specifications. QUANT. UNITS UNIT COST TOTAL COST 6 Bypass Pumping for East pump Station. Furnish all material, equipment, and labor necessary to provide the bypass pumping of the East Stormwater Pump Station with a bypass pump sized to handle 30,000gpm minimum. The unit price shall include all required rental fees, bypass connections, and all installation & operating costs. Note; This Bid Item Is only to be used should the construction occur during the South Florida "rainy season" months (between June 1 xt and December 151). If the amount for this item is not used in whole or in part, that amount bid shall be deducted from the contract price. QUANT. UNITS UNIT COST TOTAL COST 6 MONTHLY ( _ _ VX,�,L_w _ — BS-16R Revised 03/17/04 WHARTON-SMITH. INC. Bidder's Name (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 7 Furnish all materials, equipment and labor necessary for removing and disposing at a suitable facility offsite the existing pump station building, axial flow pumps, piping, and equipment, existing propane tanks, tank supports, and underground gas piping, bypass culvert, pump discharge pipes, flap gates, rip -rap headwall, concrete control structure, reinforced concrete walkways, asphalt pavement, handrailing, chain link fence, and landscaping, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS 14, FLO o,t l ._. 8 Furnish all materials, equipment and labor necessary to install canal turbidity barriers and temporary silt fence, to be maintained during the duration of the project. QUANT. UNITS UNIT COST TOTAL COST 9 Furnish all materials, equipment and labor necessary to construct all structural work (concrete and steel) including but not limited to: reinforced concrete pump station walls, wing walls, foundation slabs, footings, headwall structure; all structural steel and channel beams for supporting pumps, motors, grating, bar rack, and canal protection grate. The lump sum amount shall include all temporary sheet piling and dewatering operations necessary to construct the pump station, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST BS-17 WHARTON-SMITH. INC. ti Bidder's Name (PHASE TWO) EAST (No. 1) PUMP STATION ITEM ITEM DESCRIPTION No. 10 Furnish all material, equipment and labor required for the furnishing and installation of the storm water pump station components including but not limited to: two (2) 36-inch diameter Vertical Style Axial Flow Propeller Pumps with not less than 150-HP electric motor drives; two (2) mounting base plate assembles; two (2) 36 inch diameter discharge flap gates, 60-inch bypass sluice gate; and two (2) eight (8) hour days of start-up and operation training by the pump manufacturer's factory certified technician. QUANT. UNITS UNIT COST TOTAL COST 11 Furnish all materials, equipment and labor necessary to install 60µinch diameter RCP bypass culvert pipe, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 12 Furnish all materials, equipment and labor necessary to install 36-inch diameter DIP discharge piping, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST 400 LF L4-D C�n,,,L"cz) 13 Furnish all materials, equipment and labor necessary to construct inclined removable aluminum bar rack assembly, aluminum pump sump grating, aluminum handrailings, and all miscellaneous metal work, including painting, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS ( Ifs ��C. �_ I I Di ) .�_ WHARTON-SMITH, INC. Bidder's Name (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 14 Furnish all materials, equipment and labor necessary to install all stormwater pump station electrical and instrumentation work, complete SCADA & RTU system, emergency power generator with fuel storage tank, including but not limited to: motor control center, starters, new FPL transformer, cabinets, conduits, wire cables, pull boxes, lighting, power receptacles, switches, breakers, reinforced concrete equipment pads, and all necessary electrical circuits, as shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 1 LS 'C)C`x.) 15 Furnish all materials, equipment and labor necessary to install permanent vinyl - coated, chain link fence with two (2) double gates, as shown on the plans and as indicated in the Contract Specifications. QUANT, UNITS UNIT COST TOTAL COST 680 LF _ �L� ., i 16 Furnish all materials, equipment and labor necessary to excavate pump station pond to the elevations shown on the plans. The lump sum includes the loading, hauling, and disposal of existing sand, silt, soil, vegetation, rocks, boulders, rip - rap, materials, scrap steel, etc. at a suitable facility offsite. As shown on the plans and in accordance with the specifications, as described herein. QUANT. UNITS UNIT COST TOTAL COST 17 Furnish all materials, equipment and labor necessary to construct new asphalt pavement including base and sub -base material, as shown on the plan, QUANT. UNITS UNIT COST TOTAL COST 400 SY 3c) WILD) ._— BS-19 WHARTON-SMITH, INC. Bidder's Name (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 18 Furnish all materials, equipment and labor necessary to install compacted subgrade material for the pump station foundation and compacted backfill to the finished grade between the temporary sheet piling and the pump station walls, as required. Note: payment for this Bid Item shall be based solely upon the com acted -in- lace measurement of the installed material. QUANT. UNITS UNIT COST TOTAL COST 2,000 CY 1, 19 Furnish all materials, equipment and labor necessary for grading, sodding, installation of irrigation system, and landscaping around the stormwater pump station, as shown on the plans. QUANT. UNITS UNIT COST TOTAL COST r Viz WHARTON-SMITH IN Bidder's`Name (PHASE TWO) EAST No. 1 PUMP STATION ITEM ITEM DESCRIPTION No. 20 A contingency allowance for unforeseen equipment, materials, or other work not directly or indirectly included in any of the items listed. All work paid for under this item must be authorized in writing by the City and Engineer. If the amount is not used either wholly or in part, the amount not used shall be deducted from the contract price. $150,000.00 TOTAL BASE BID AMOUNT Sum Of Items 1 through 20 21 Contingency for Re -Mobilization for East Pump Station (Phase Two). This Bid Item will only be paid in the event Re -Mobilization becomes necessary. This Bid Item will not be totaled in the Base Bid. It will be effected only by a written Change Order at the contingency price submitted by the Contractor. Note: An out of balance or unreasonable high price submitted by a Bidder for this contingency item, as compared to industry or market standards, may result in the entire Bid to be determined non -responsive. BS-21 WHARTON-SMITH, INC. CITY OF TAMARAC Bidder's Name STORMWATER PUMP STATIONS EAST, CENTRAL, & WEST RENOVATIONS BID NO. 04-OSB BID SUMMARY (PHASE ONE) CENTRAL PUMP STATION NO. 2 WEST PUMP STATION NO. 3 (PHASE TWO) EAST PUMP STATION NO. 1 TOTAL BASE BID AMOUNT BS-22 K! 4 city of Tamarac x )- _sing and Contracts Dg'rsio,7 BID FORM BID 04-05B STORMWATER PUMP STATIONS RENOVATIONS Submitted by: Wharton -smith, Inc. (Bidder) 3/24/04 (Date) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 881h Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City, Bidder will complete the Work for the prices shown in the "Bid Form Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 9' Crt� of Tamara,: F';;rch,asing end Contracts Division BID FORM (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, for the construction of the City of Tamarac East, Central, & West Stormwater Pump Stations, which includes the demolition and removal of existing buildings, headwalls, piping, equipment, and wiring, and the construction of new buildings and structures, including the installation of new pumps, generators, electrical controls, bar screens, pump discharge and bypass piping, flap -gates, and all associated appurtenances. In order to be considered for this project, the vendor must meet the following conditions: The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Bidder shall be: 1. A State Certified General Contractor with at least five (5) years of verifiable full- time experience with a minimum of two (2) projects of similar nature or dollar cost. OR 2. A State Certified Engineering Contractor with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. OR 3. A Broward County Class "A" Specialty Engineering Contractor with at least five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. We propose to furnish the following 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. . .............. riJ�l'7%r1 . Llt✓ pi Ta,?78ra(, BID FORM BID 04-05B (continued) Purchasing and Cc"?I/cicts D ision 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. Wharton -Smith, Inc. Company Name 750 CR 15, P.O. ' Eox 471028 Address Lake Monroe, FL 32747 City, State, ZIP CG C032669 Contractor's License Number Authorized Sig �ture���� George E. Smith, President Typed/Printed Name 407/321-8410 407/323-1236 Telephone & Fax Number 59-2392802 Federal Tax ID# t7 J ' ; rUllV c` To 3-aC �. y x. 1 �✓C�•15ir1q ;ni~ C:J!,1.?CtS [�rl•Sr_;r BID FORM BID D4-05B (continued) Bidders Name: Wharton -Smith, Inc. TERMS: Net DAYS: 30 To be considered eligible for award, one (1) original of this bid form MUST be submitted with the Bid. Two (2) photocopies of this bid form should accompany the original; however, copies must be provided within 3 business days of the City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. C:' ✓ of Ta�;arp, -;z� Purchasrnp and Gon;racts Dn� s;Un, NON -COLLUSIVE AFFIDAVIT State of Flcrida )ss. County of Seminole George E. Smith being first duly sworn, deposes and says that: 1. He/she is the President (Owner, Partner, Officer, Representative or Agent) of Wharton -smith, Inc.the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witne s William C. Robinson, Jr., %` Co i� cretary George E. Smith Witness ry Whitele , Specialty Estimator Printed Name President Title �+1 Dr , o� Ta�r-,iarac RL)rchasing anct Contiacfs Daisioo ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Seminole On this the 24th day of March , 2004, before me, the undersigned Notary Public of the State of Florida, personally appeared George E. Smith _ and (Name(s) of individual(s) who appeared before notary) whose names) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE DAWN K. BRAGG 'OTARY PUBLIC,_ TATE M FLORIDA Notary Public, State of Florida My Comm. exp. Oct. 24, 2006 Comm. No. Di) 160805 Dawn K. Bragg (Name of Notary Public: Print, Stamp, or Type as Commissioned) ® Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or F!i DID NOT take an oath ni,, i%us?Ye1cKlx'. Ynr C'i l^C %1 Cav of T;,n7,araC Purchasrng and Corr+racfs DNv;sron CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION 0 OTHER ❑ If "Other", Explain: Autllorizedpnature President Title Wharton -Smith, Inc. Company Name Lake Monroe, FL 32747 City/State/Zip 407/323-1236 Fax Number George E. Smith Name (Printed Or Typed) 59-2393802 Federal Employer I.D./Social Security No. 750 CR 15, P.O. Box 471028 Address 407 321-8410 Telephone George E. Smith, President Contact Person v)(,z i of City o! Tamarac �. l PurOasrng anct contacts i OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 881h Avenue Tamarac, Florida 33321 Check One Submitted By: Name: Address: Principal Office Telephone No. Fax No. Wharton -Smith, Inc. George E. Smith, President 750 CR 15, lake Mxae, FL 3Z747 Same as above 407/321-8410 407/323-1236 0 Corporation ❑ Partnership ❑ Individual ❑ Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Wharton -Smith, Inc. The address of the principal place of business is: 750 County Road 15, P.O. Box 471028, Lake Monroe, FL 32747 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: April 2, 1984 b) State of Incorporation: Florida c) President's name: George E. Smith d) Vice President's name: Ronald F, Davoli e) Secretary's name: William C. Robinson, Jr. f) Treasurer's name: George E. Smith g) Name and address of Resident Agent: George E. Smith 2333 Alaqua Dr. Longwood, FL 32779 Dtv o' Tbmar_i. �.� �'�rcl;as;ng and G�nir_acis Dnrsron 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: N/A c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: N/A 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 20 years Under what other former names has your organization operated? None. 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. Please see attached copy of License 8. Have you personally inspected the site of the proposed work? ® YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? [R YES ❑ NO G;;cr!'(:�,S C4v J/ TJ^'B BC \ pU'CI7[Sln� anC1 L•OI';�:'7C75 �ilV75rOr7 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No, 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 Please see attached Reference Sheet 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). Project Manager: Robert Hierholzer Project Superintendent: Greg Schneider Please see attached Resumes 14. State the name of the individual who will have personal supervision of the work: Same as above 15. State the name and address of attorney, if any, for the business of the Offeror: Kirin & Norria PA 338 W. Morse Blvd, Suite 150 Winter Park, FL 32789 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: George E. Smith, 2333 Alaqua Drive, Longwood, FL 32779, 70% 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Site Secure, 627 Progress Way, Sanford, FL 32771 C!' of Tamarac Purc!7 �srnG and Con?r tots Ciivisron 18. State the name of Surety Company which will be providing the bond, and name and address of agent: Continental Casualty Compare _Agent: Guignard Company, 1904 Boothe Circle, Longwood, FL 32750 Contact: Jack Guignard 19. Bank References: Bank Address Telephone Wachovia National Sank, P.O. Box 946640, Maitland, 407/649-5067 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: please see attached 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: Bradbeer Bailes A CPA Firm 22. Is this financial statement for the identical organization named on page one? 0 YES ❑ NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). N/A :r.tG ... ..-.__.__.. _.— 4i;i',.TJ! .ti �.1'JFy •i;, �.dil Cali ,ji(a ��l`,J �! City of Tamxr c 1. Purcnasmg ind Contrr,cts Dry sjon THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of Florida County of Seminole On this the 24th day of March , 2004, before me, the undersigned Notary Public of the State of Florida, personally appeared George E. Smith, President (Name(s) of individual(s) who appeared before notary) mJ whose name(s) is/are subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: DAWN K. BRAGG Notary Public, State of Florida toy Comm. UP. Oct. 24, 2006 Comm. NO. PD �0A0,5 N�OTARY PUBL C, STATE FLORIDA Dawn K. Bragg (Name of Notary Public: Print, Stamp, or Type as Commissioned) ] Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or LYDID NOT take an oath c4v of Tamarac �• :.X. ,°:� � P��rchasrng end CanF�tc!s Dry+sior7 REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Wharton -Smith, Inc. Address 750 County Road 15, P.O. Box 471028 City State Zip Lake Monroe, FL 32747 Phone/Fax 407/321-8410 fax: 407/323-1236 Agency/Firm Name: City of Kissimmee Address 1100 North Main Street, Suite A City State Zip Kissimmee, FL 3.4733 Phone/Fax _ 407/518-2253 fax: 407/847-7945 �^ Contact Name Robert Pelham Agency/Firm Name: Peace River/Manasota Reg Water Supply Authority Address 1645 Barber Ste A City State Zip _Road, _ Sarasota, FL 34240 Phone/Fax 941/316-1776 fax:941/316-1772 Contact Name Pat Lehman Agency/Firm Name: Seminole Count Address 1101 East 1st Street City State Zip Sanford, FL 32772 Phone/Fax 407-/665-2021 fax: 407/665-2029 Contact Name _ Jeff Thompson Agency/Firm Name: City of Venice Address 401 West Venice Avenue City State Zip Venice, FL 34285 Phone/Fax 941 486-2626 fax: 941/486-2084 Contact Name John Lane Agency/Firm Name: City of Bartow Address 450 North Wilson Avenue City State Zip Bartow, FL 33830 Phone/Fax 863/534-0100 fax:863/534-0114 Contact Name Joe DeLegge Pu;cl;,asrno and Conhac's Dr. - rsrGn 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). a. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make 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, certify that this form complies fully with the above requirements. Wharton -Smith, Inc. Authorized/nature Company Name George E. Smith, President C&,, o/ Tin aia( LIST OF SUBCONTRACTORS Purchasing and Conti<,?cts DI.gsron 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 Contract Contractor License No, Subcontractor Name/Address C J 1► � k Cray of Tamaric (1 + Purcl;as,ng in f CoT;trlcts Dfv- s,on l/ CERTIFIED RESOLUTION I, William C. Robinson, Jr. (Name), the duly elected Secretary of Wharton -Smith Inc. (Corporate Title), a corporation organized and existing under the laws of the State of Florida do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT merge E. Smith (Name)", the duly elected President (Title of Officer) of Wharton -Smith Inc (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or 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 Ronald F. Davoli George E. Smith TITLE Exe. Vice President President Given under my hand and the Seal of the said corporation this24- h day of March 20,04. (SEAL) By, c.,.i • C Secretary WiLLian C. Rabi�, Jr. Ct-rp Sectary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 46, C,ry of Tamarac I Purchasing and Contacts Div,s;on TRENCH SAFETY Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE UNITS OF UNIT UNIT -COST EXTENDED (Description) MEASURE (0ty) COST (LF/SF) A. $ $ P I - _ Y. B. — $ $ C. $ $ D. $ $ [TOTAL $ r (> If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4,1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). . Failure to complete the above may result in the bid being declared non -responsive. DATE: March 24, 2004 A; (Signature) e E. Smith, President ACKNOWLEDGEMENT STATE OF: Florida COUNTY OF: Seminole PERSONALLY APPEARED BEFORE ME, the undersigned authority, E. smith , who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided above on this24thday of DAWN K. BRAGG Notary Public, State of Florida tV'y r.om1n. exp. Oct. 24, 2006 Comm. No. no 160805 March My Commission Expires 2004 NOTAAY PUBLIC a- - 2' i, ?C,�([ i'7rt % 1 I C;r'r Cl �r'n^.7�;r`�; T' FUrChtf5in_q rend [.Cn(i'rdCi.` CjiVrSrr>r1 This bond complies with the Terrorism Risk Insurance Act of 2002 (TRIA) STATE OF FLORIDA) ) ss. COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, Wharton -Smith,, Inc. as Principal, and Continental Casualty. Compare as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of: Five Percent of Amount Bid United States, for the payment ourselves, our heirs, executors, firmly by these presents, ------- Dollars ($--:�- % ---) lawful money on the of which sum well and truly to be made, we bind administrators and successors jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated `Mach 24Ti , 2D 04 for: Stormwater Pump Stations: East, Central & West Renovations BID NO. 04-05B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) if said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. Purclrsrnry and Cpr,lr��C!S i�rvrgrcr7 Cl- ACKNOWLEDGEMENT I0,I117 mil: Ti7 Signed and sealed this 24TH day of _ March IN PRESENCE OF: William C. Robinson, Jr., Corporate Secretary (AFFIX SEAL) ATTEST: Secretary ATTEST: Secrgta llrnpre'ss Corporate Seal 2004 Whar Smith, Inc. Principal George E. Smith, President P.O. Box 471028 Business Address Lake Monroe, FL 32747-1028 City/State/Zip 407) 321-8410 Business Phone Continental Casualty Company Surety* B Katie N. Flowers Florida Licensed Resident Agent Title Katie N. Flowers Katie N. Flowers Attorney -In -Fact, Inquiries: (407) 834-0022 �_�__.._.�--�_. ._�,-.__ F`:1w '~L .%r � ....._�_....__��_�• L�rC( 1. firK1 /�r:kluJv�,h"rU�rl'Olif Bond No. CC2044 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure of notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Compan}' of Flarttord, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint J W Guignard, Bryce R Guignard, M Gary Francis, April L Lively, Paul J Ciambriello, Jennifer L.McCarta, Katie N Flowers, Margie L. Morris, Brett A Ragland, Individually of Longwood, FL, their true and lawful Artorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness "'hereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 19th day of March, 2003. A,- ltt %NSUR4,yc� �y`o�vwrroe ' rCAPORAre CT it `vaaRraRgT�,G .7t SEAL. Y Jutr 31, • a 1897 NAR 6 • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler Seni�rVice President State of Illinois, County of Cook, ss: On this 19th day of March, 2003, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations: OFFICIAL SEAL ELIZA PRICE NOTARY Puauc, 6T/,TE OF ILLINOM W COMMI$$ION EXPIAF-$: 09MV9 My Commission Expires September 17, 2006 Eliza Price Notary Public CERTIFICATE I. Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations 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 corporations this 24TH day of MARCH 2O04 *SUNraRFOAArc Cl y` J4►n oe H t i f e7 �NL�R/ORgTor U SEAL J du = rd JULY X y 19G2 7 aF 7991 HANYF b Form F6853 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Mary A. R ika kis Assistant Secretary Licenses , ,19 9 3 O 90 8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY I.ICENSTNG BOARD SEQ#L030F1200911 LICENSE NBR _.----_ '06/12/20031200469602 BO000994 _ _ The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2005 (THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.) WHARTON SMITH INC 750 COUNTY ROAD 15 LAKE MONROE FL 32747 JEB BUSH DZANE CARR GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY AC!, n Q 8 a 681 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING HOARD SEQ#L02071100682 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 SMITH, GEORGE E WHARTON-SMITH INC 750 COUNTY ROAD 15 P O BOX 471028 LAKE MONROE FL 32747 JEB BUSH KIM BINKLEY-SEYER GOVERNOR DISPLAY AS REQUIRED BYLAWSECRETARY o l Wart) of r0fv!5slanal � itgiiterrs Wharton -Smith, Inc. .in/�rrrrr�nrrr�r /��rrvv,;rnn. r/(/i/rrn rrr /X. //rvrir n . /iw �auvr i� (r err r r AUDIT NO.: nos- 10 1 964 CERTIFICATE OF AUTHORIZATION NUMBER: 00001813 EXPIRATION: FEB 28, 2005 DISPLAY AS REDUIRED BY LAW Licenses STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#LC)2 071-100957i! The POLLUTANT STORAGE SYSTEMS CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 SMITH, GEORGE E WHARTON-SMITH INC 750 COUNTY RD 15 P 0 BOX 471028 LAKE MONROE JEB BUSH GOVERNOR FL 32747-1028 DISPLAY AS REQUIRED BY LAW KIM DINKLEY-SEYER SECRETARY AC# 4 8193 8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L02071100938 The UNDERGROUND UTILITY & EXCAVATION CO Named below is CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004 DAVOLI, RONALD FRANK WHARTON-SMITH INC 750 COUNTY RD 15 P 0 BOX 47102E LAKE MONROE FL 32747-1028 JEB BUSH GOVERNOR KIM BINKLEY-SEYER DISPLAY -..-.- AS REQUIRED BY LAW SECRETARY E.Vpl'&� ('01_1Nl Y OCCURATIONA1. LICENSE LiiKL MP-K�0�FL GEORGE E SMITH U*E.-G) z. 10c 0 IA()X 47!02C HONPOE 7 F REGULATED Stott- Lic..P - CE, 1-032669 Ilua I i f i et- GEORGE E SMITH Licenses of ,�. *tatc Y0 . .E Drparttnrnt of t-Tutr I certify from the records of this office thal WHARTON-SMITH, INC., is a corporation organized under the laws of the State of Florida, filed on April 3, 1984, effective April 2, 1984. The document number of this corporation is G94383. I further cerfify that said corporation has paid all fees due this office through December 31, 2002, that its most recent annual report/uniform business report was filed on February 18, 2002, and its status is active. I further certify that said corporation has not filed Articles of Dissolution Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the ;b Nineteenth day of July, 20p2 ��`'!.(on ur�`tp::�` ialltrrinc of Board of County Commissioners, Broward County Florida BROWARD COUNTY OCCUPATIONAL LICENSE TAX rORM NO RENEW ON OR BEFORE 401 200'AC 25,061 FOR PERIOD OCTOBER 1, 2003 THRU SEPTEMBER 30, 2004 SEPTEMBER 30, 2003 PENALTIES IF PAID RENEWAL ((: I ':. .:' [TRANSFER AX , ] TRANSFER SEC # OCT. - 10/ NOV. - li% ACK TAX DEC. - 20% Atter DEC. 31 - 25 % NEW DATE BUSINESS OPENED - NALTY Plus Tax Collection Fee of up to $25 DO C. FEE Based on Cost of License d Paid Business s COUNTY Cdress; G • On or After November 30, 2DO3 Buelneea Location Address; - I. TOTAL ACCOUNT NUMBER r f THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. y... , BWOMARD L TYPE OF LICENSE TAX PAID :' _ COUNTY i BROWARD COUNTY REVENUE COLLECTOR 20�3 2004 115 S. Andrews Avenue, Governmental Center Annex FORT LAUDERDALE, FL 33301 PAYMENT RECEIVED AS VALIDATED ABOVE *SEE INSTRUCTIONS ON BACK OF LAST COPY BROWARD COUNTY OCCUPATIONAL LICENSE TAX Renewals Licensed contractors must send proof of current Broward County Certificate of Competency or State License. Professionals must send proof of current state registration. The following must present a current state license, registration, or exempt letter: automobile repairs, travel agencies, ballroom dance studios, health studios, commercial telephone sellers, plant inspection/nurseries, pest control, detectives, funeral home embalmers, pawn brokers, moving companies and annual food permit for food production, manufacturing or retail. The following must present current proof of registration from Broward County Consumer Affairs Division: Auto Body Repair, Auto Paint, Auto Repair, Limousines, Movers. If business is in unincorporated area of Broward County, a "Certificate of Use" obtained from Broward County Zoning Department must be presented in correct ownership name, for either change of business location or change of ownership. TRANSFER OF OWNERSHIP AND/OR BUSINESS LOCATION TRANSFER FEE: PRESENT ORIGINAL LICENSE AND 10% OF THE ANNUAL LICENSE FEE, BUT NOT LESS THAN $3 OR MORE THAN $25. Businesses regulated by the State or local agencies, must show correction of name or address before the Occupational License can be transferred. 1. Change of ownership/Name of Business 2. Change of business location 3. Mailing address change only (Proof of sale required (present original license) (no fee required) & present original license) New Fed. I.D. or SS# EXCEPTIONS: A.) Exempt licenses are not transferable from one owner to a new owner. B.) Professional licenses are not transferable from one individual to another individual. PRODUCER '....... .... ATLANTA 01756 MCGRIFF SEIBELS I WILLIAMS INC 5605 GLENRIUGE DRIVE, STE 300 ATLANTA GA 30342 404) 497-7500 Wharton -Smith, Inc. P.O. Box 471028 Lake Monroe, FL 32747 H . F y AN. ^E::(MAVDDITY) . V 3/21/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A ST PAUL FIRE I MARINE COMPANY B AMERICAN GUARANTEE I LIABILITY COMPANY C COMPANY D OVERAGES' THIS IS IN DICATED, NOT WITHSTANDINGANY REOUIREMENT,TERMOR CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCECERTIFY THAT THE POLICIES OF INSURANCE AFFORDEDAFFORD D BY THE POLICIES HEREIN IS SUBJECTH RE T ALL T CYPERIOD WHICH THIS OLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE; BEEN REDUCED BY PAID CLAIMS, GO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONI DATE (MMIDDtYY) DATE (MMIDDlYY) LIMITS A I GENERAL LIABILITY IKKOSS01012 I 4101/03 I 4/01/04 GENERAL AGGREGATE f 2,000,000 X1_7 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG is 2,000,000 1 1 CLAIM$ MADE OCCUR -- — "�— OWNER'S & CONTRACTOR'S PROT X IAGG PER PROJECT 7 A AUTOMOBILELIABILITY KKO6801072 4101103 4/01/04 X~I ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS X I NON -OWNED AUTOS I I I GARAGE LIABILITY L7 ANY AUTO i B I EXCE55LIABILI7Y AUC930331301 4/01/03 4/01/04 �:] UMBRELLA FORM I OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND IWVK6800962 4/01/03 4/01l04 EMPLOYERS' LIABILITY THE PROPRIETOR/ n INC" PAP;'%%?S; l,; JT:VE OFFICERS ARE El EXCL OTHER i I I I PERSONAL & ADV INJURY S v1,000,000 CCURRENCE S EFIREDAMAUE 1.000,000 (Any one fire) S 500,000 ME1) EXP (Any one parson) S 1D,000 COMBINED SINGLE LIMIT ; 1,000,000 BODILY INJURY (Per person) S BODILY INJURY $ (Per xcciden l) PROPERTY DAMAGE S AUTO ONLY -EA ACCIDENT S OTHER THAN AUTO ONLY, EACH ACCIDENT ; AGGREGATE ; EACH OCCURRENCE S 10,000,000 AGGREGATE S 11),000,000 I= X WC STATU• CIH- T Y EL EACH ACCIDENT ; 500,000 EL DISEASE -POLICY LIMIT S snn inn EL DISEASE -EA EMPLOYEE j $ 500,Op0 CERTIFICATE HOLDER HOLDER CANCELLATION—.. SHOULD ANY OF THE ABOVE DESCRIBED PO LICIES BE CANCELLED BEFORE THE For Informational Purposes EXPIRATION DATE THEREOF, THE ISSUINO COMPANY WILL ENDEAVOR TO MAIL only 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOy RE ESENTATIVE i ACORD 25•S f 11951 C ACORD CORPORATION 1S ROBERT J. HIERHOLZER, P.E. PROJECT MANAGER Mr. Hierholzer has over seven years of experience in Environmental System Design and Construction. His responsibilities include the management of engineering projects including estimating, purchasing, pricing, and negotiation of change orders. He is also involved in the negotiation and management of subcontracts coordination with owners and engineer representatives, project financial control, and billing for work completed. EDUCATION Bachelor of Science Environmental Engineering, 1995 University of Central Florida Florida State Registered Professional Engineer EXPERIENCE • D.B. Lee WWTP, Phase III Improvements Melbourne, Florida City of Melboure (S 15.5 million) • Plantation East WTP — Membrane Softening Addition Plantation, Florida. City of Plantation • West Palm Beach WTP Process Modifications West Palm Beach, Florida City of West Palm Beach ($2 million) • Flamingo Park Water Main Replacement West Palm Beach, Florida City of West Palm Beach ($600,000) • Water Main Replacement Palm Beach, Florida Town of Palm Beach (S16 million) WHARTC.)Ir-SMITFI INC. GREGORY SCHNEIDER PROJECT SUPERINTENDENT Twenty-four years experience in engineering design and construction projects. EDUCATION Business Management Anne Arundel Community College 1979-81 CERTIFICATIONS First Aid and CPR OSHA- 10 hour Competent Person for Confined Space Entry Competent Person for Trenching and Excavation Competent Person for Scaffolding EXPERIENCE Responsible for all field activities on a number of projects, including the following: • Winterset and Winterset Gardens WTP Winter Haven, Florida City of Winter Haven ($2.7 million) • North Port Water Treatment Plant Port St. Lucie, Florida City of Port St. Lucie ($1.3 million) • Jupiter RO Water Treatment Plant Jupiter, Florida Town of Jupiter ($2.9 million) • Mickey's Toontown Orlando, Florida Walt Disney lmagineering ($5.2 million) • Tuscawilla Wastewater Treatment Plant Digester Conversion Winter Springs, Florida City of Winter Springs ($682,000) WHARTON-SMITH INC. Casselberry Water Reclamation Facility Casselberry, Florida City of Casselberry (S 1.87 million) Orange County Eastern Services Area Wastewater Treatment Facilities Orlando, Florida Orange County (S5.5 million) • Alan R. Thomas Wastewater Treatment Plant Edgewater, Florida City of Edgewater (S5.9 million) W11ARTON-SMITH INC, Wharton -Smith, Inc. FINANCIAL STATEMENTS As of and For the Year Ended March 31, 2003 flfli��S A CPA Firm Karen Bradbeer, E.A. (Retired) Catherine A. Baffles, C.PA. 1307 E. Normandy Boulevard Suite I INDEPENDENT AUDITORS' REPORT Deltona, Florida 32725-840S (386)574.8488 Fax: (386) 574.8577 The Board of Directors Wharton -Smith, Inc. I M I 4 Members American Inwmte of (ertdiec Public Acrountants tior:da Insusute of We have audited the accompanying balance sheet of Wharton -Smith, Inc., as of March 31, 2003, and the related statements of income, changes in stockholders' equity, and cash flows for the year then ended. These financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. j We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining,on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Wharton -Smith, Inc., as of March 31, 2003, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Our audit was made for the purpose of forming an opinion on the basic financial statements taken as a whole. The schedules in the additional information section are presented for the purposes of additional analysis and are not a required part of the basic financial statements. Such additional information has been subjected to certain audit procedures applied in connection with our audit of the basic financial statements and, in our opinion, is fairly stated in all material respects when considered in relation to the basic financial statements taken as a whole. June 27, 2003 CERTIFIED PUBLIC ACCOLT,'�TANTS Wharton -Smith, Inc. BALANCE SHEET March 31, 2003 ASSETS Current Assets: Cash $ 4,037,606 Accounts receivable 20,743,173 Costs and estimated earnings in excess of billings on uncompleted contracts 1,992,931 Prepaid expenses 75,683 Loans and advances 21,986 Total Current Assets 26,771,379 Property and Equipment _ . 793,514 Other Assets: Cash value of life insurance 285,899 Security deposits -- — 2,622 Total Other Assets 288,521 a'TOTAL ASSETS $27,853.414 LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Note payable $ 100 Accounts payable, including retainage of $4,502,008 12,394,472 Billings in excess of costs and estimated earnings on uncompleted contracts 6,06103 Payroll taxes withheld and accrued 184,134 Other accrued expenses 595,313 Deferred income taxes 1,175,331 Total Current I..iabilities 20,411,233 Long -Term Liabilities: Deferred income taxes 40,705 Total Long -Term Liabilities 40,705 Stockholders' Equity: Common stock, $.05 par value, 200,000 shares authorized, 160,000 shares issued,110,650 shares outstanding 8,000 Additional paid -in capital 299,920 Additional paid -in capital from treasury stock transactions 961,026 Cost of 49,350 shares held in treasury (1,400,941) Retained earnings 7,533,471 Total Stockholders' Equity 7,401,476 TOTAL LIABILITIES AND STOCKHOLDERS' E tiITY $27.853 414 The accompanying notes are an integral part of this financial statement. 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C57 , w a N w 4 uy a 3 µµp C c o o c o Q o p o F q C o C� N w N ri V vi .i vi vl v� oo r V: Op C p C C S v N - - r`�y ✓, y ✓1 w w rv' w In rn c; w v' x rn v. J U G ry < x •�; ;t � � o Uuza rn T Fti CG: o� G, 6 5 C uz i w � O u d o u 1 s C V u � � z ¢ ¢ a r M u a w PD H h ?C w w C u w w w w a C UG O Fr, a O O U C a T Q a 0 o p o p a C o O c G o r Of T4M C) �n <pR1pPe Purchasing and Contracts Division City of Tamarac "Committed to Excellence ... Alwoys" ADDENDUM NO, 1 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: February 2, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West. 1. An Asbestos Building Survey has been conducted on 12/12/2003 by ARS Environmental, Inc. No Asbestos Building material was not found in any of the three pump stations. Successful Bidder will get a certified copy of this report. 2. A South Florida Water Management District Right -of -Way' Permit dated December 9, 2003 is attached and becomes part of this addendum. It is valid through December 31, 2005. The successful bidder will be subject to all conditions of this permit. 3. Under Section 16050, Electrical Provisions, Bidder will be responsible for trenching and installing appropriate conduits for the new service. FPL will install the concrete pad, provide and install the transformer, pull the new wires, and make the connections. Under 1.02 (B), Contractor will pay all fees and coordinate all activities. These fees will be as a direct pass -through to the City at cost, and shall be invoiced to the City, with proof of payment for reimbursement. 4. Construction under electrical lines: Contractor will be subject to OSHA regulations for working under and/or near electrical lines. 5. Only a Bidder can submit a product to be approved "as equal". Submittals after 2/13/04 will not be considered. 6. Under Section 02220-2, 1.02 (C), Utility Services, add: "Contractor will be responsible for all costs associated with existing propane gas system removal, including but not limited to costs associated with remaining gas in those tanks at the time of removal. Coast Gas owns those propane gas tanks. Their phone number is 954-946-1702, and they have an office in Pompano Beach, FL." 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tamorac.org Equdl Opportunity Employer 7. Section 00320-1 will not be a bid requirement. Bidder will disregard this section of the bid. The City will obtain new borings for the west and central pump station locations. A certified soil boring report for each site will be provided to the successful bidder. 8. Broward County permit fees including but not limited to demolition and new construction cannot be waived. Those fees will depend on square footage and use of building, as well as the cost of the building construction. These fees are as follow: BORA: $0.35 per $1,000 of construction (building only) EDF: $0.30 per $1,000 of construction (building only) CRF: $0.05 per sq ft of the building RADON: $0.05 per sq ft of the building 9. A question was asked as to why the bid called for "marine steel" (A131). Under section 11212-10, 2.03a and 11212-11, 2f03c, ASTM A131 (marine steel) is one of the preferred materials for the pump bowl and pump column assembly, but not the only one. The bid is clear enough on what is required. All other terms, conditions and specifications remain unchanged for Bid No. 04-05B, All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. This Addendum should be sign NAME OF BIDDER: Wharton -Smith, Attachment below and returned with your bid. . , George E. Sm th, President U City of Tamarac �< b R I vP� "Committed to Excellence ... Atwoys" Purchasing and Contracts Division ADDENDUM NO. 2 STORMWATER PUMP STATIONS - EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: February 12, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West. 1. Reference Addendum No. 1, Item No. 3, FPL will also supply the conduit to the Contractor, 2. As of 2/13/04, no substitution will be allowed for any product under this bid. 3. In clarification of Addendum No.1, under no.7, only part of Section 00320-1 will not be a bid requirement. Bidder will only disregard the first 2 paragraphs of this section of the bid. The last paragraph will remain valid. 4. Under Section 13700-3, under H, only the Modicon brand will be considered. 5. Under Section 11212-14, under B, NoA , add: "the bidder will be responsible for all costs (transportation, lodging, meals) associated with the two City representatives during testing." 6. Under pages BS-2, BS-9, and BS-16, Item 3 is deleted from the bid schedule. 7. On p. 42, under item 32 Contract Time, under Note, 2"d paragraph, revise language to, "Each phase shall ... for each phase. Phase Two bonding may w+ll-Ret be required before 4R4substantial completion of Phase One," All other terms, conditions and specifications remain unchanged for Bid No. 04-0513. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. Attached: Revised Bid Pages, BS-2R, BS-9R and BS-16R. See Item 6 above. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Wharton-Smith,i�, E. Smith, President 7525 NW 88th Avenue M Tamarac, Florida 33321-2401 ■ (954) 724-2450 0 Fax (954) 724-2408 ■ www.tamaroc.org Equal Opportunity Employer City of Tamarac r�R1�0 Purchasing and Contracts Division "Committed to Excellence —Always" ADDENDUM NO. 3 RECEIVED STORMWATER PUMP STATIONS — FEB l 3 UJ% EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B WYARTON=SMITH DATE OF ADDENDUM: March 1, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West. 1. The bid opening date has been revised to Wednesday, March 17th. Prospective bidders must have their bid time stamped in the Tamarac Purchasing Office, Room 108, no later than 4:00 PM, local time, March 171h, 2004. 2. Drawing and Specification revisions, additions and/or deletions are attached. 3. Also, part of this addendum, language follows regarding the SCADA System, Workstation Hardware. SCADA System WORKSTATION HARDWARE A. General: The workstation (WSN) shall consist of electronics to support one SVGA color graphic CRT. The workstation shall communicate with the PLCs. The workstation shall function with equal process monitoring and manipulation capability thereby giving complete flexibility to assign any mix of displays. The workstation operating in engineering mode shall be capable of displaying operational reference data, procedure libraries, system design, system configuration and documentation, process performance, and a system diagnostics Graphic User Interface. The engineering mode shall function as a system configuration station at which the plant engineer constructs: 1. Database configurations and trending. 2. Control strategies (i.e., ladder logic), SFC. 3. Calculations required to monitor/control processes. 4. Report generation. B. Workstation: IBM compatible personal computers (PCs) complete with 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 N Fax (954) 724-2408 a www.famaiac.org Equal Opportunity Employer B, Color and Report Printer: A printer shall be supplied to print reports and color documents generated by the MMI System. It shall produce Laser quality monochrome print at a minimum output rate of 12 ppm. It shall also produce laser quality color prints with a minimum resolution of 1200 dpi at a minimum rate of 10 ppm. It shall accommodate 11-in. by 17-in. paper media (monochrome only), support duplex print output and by Energy Start compliant. The printer shall be RISC based and support Ethernet connectivity. The printer shall be supplied complete (i.e. ready to operate) with a minimum of 36M RAM, interconnecting parallel cable and spare monochrome and color toner cartridges, • Bid Opening has been changed to Wednesday, March 17�h, at 4:00 PM, local time. • All other terms, conditions and specifications remain unchanged for Bid No. 04-05B. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package, This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Wharton -Smith, ., George E. Smith, President Of TAM �Op14Pm Purchasing and Contracts Division City of Tamarac 'Committed to Excelience... Alwoys ADDENDUM NO. 4 STORMWATER PUMP STATIONS -- EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: March 4, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West. All other terms, conditions and specifications remain unchanged for Bid No. 04-05B. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. Responses to inquiries: 1. Morrison Pumps have been approved by the City as an "or equal" manufacturer meeting the bid's pump specification, Section 11212. 2. Reference Sheet C-5 (Demolition) and Sheet C-6 (Proposed Site Plan). What is the extent of the concrete pathway that is to be removed and replaced? Approximately 400' or as little as the contractor would have to remove to do their work. 3. 8" Aluminum Stilling Wells M2 & M3 Elevation Detail on M6 calls out SS Schedule 5 Pipe? The stilling wells should be constructed of Schedule 5 Stainless Steel, as shown on Sheet M-6. 4. Canal Protection Grate list 2" Square Aluminum Frame. Is this a tube or solid bar? Also, this frame is shown at top of weldment. Should it only be around the gate so it will slide up inside of the exterior channel frame? (Sheet M-5)? Frame for canal protection grate should be constructed of 2" square solid aluminum bar stock. The channel section that the grate slides in should be open at the top to allow for removal of the grate. 7525 NW 88th Avenue a Tamarac, Flcriaa 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-24,38 ■ www.tcimoroc.org Equal Qppwlunity Employer City1)( i Jlr, siwl A; CC! Y!%l'. L /n`;!;,. c , If the vendor cannot install designed pipes to maintain proper separation from existing 30' DIP force main and maintain proper coverage over designed pipes, the City may consider a change order after review. 13. Section 01785 Project Record Documents Will the CADD Files be provided? Yes. 14. Section 02200 Site Preparation. Part 2, Products, 2.03 Project Signs A. Provide detail and quantity of signs? One sign per station, built as per City Engineering minimum standards will suffice. 15, Section 02220 Site Demolition. Part 3 Execution, 3.04 Buried Piping. A. ? Delete Para. 3.04. Buried Piping. 16. Plans: Sheet C-2 shows asphalt pavement removal to the fence line. Sheet C-3 shows new asphalt pavement to Southgate Boulevard. Clarify. Pertains to East Pump Station. On sheet C-2 add: "Remove all asphalt pavement including the roadway to Southgate Boulevard". On sheet C-3, it shows new asphalt pavement including the roadway to Southgate. 17. Sheet M-1, Exhaust opening for the generator to be "shutters". This opening is called out as louver on other applicable plans. Clarify. The generator exhausts will be louvers not shutters. 18. Addendum No. 1. SFWMD Right of Way Permit. Special Conditions 18. Will we be allowed to bulkhead the areas necessary for the construction of the cast -in -place concrete headwalls? Yes, 19. Please note the correction in Addendum No. 1, Item 1, sentence 2, as follows: "No Asbestos Building material was r►et found in any of the three pump stations". (grammatical error only', no material change) The bid opening date is Wednesday, March 17�h. Prospective bidders must have their bid time stamped in the Tamarac Purchasing Office, Room 108, no later than 4:00 PM, local time, March 171 h, 2004. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: Wharton-smi ` Inc. , " George E. Smith, President Purchasing and Contracts Division City of Tamarac "Committed to Excellence —Always'' ADDENDUM NO. 5 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: March 9, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central & West. NOTE: Section 01110-3, Part 2 Products. Delete Para. 2.01 Buy American Products. Delete this paragraph in its entirety. All other terms, conditions and specifications remain unchanged for Bid No. 04-05B. The bid opening date is Wednesday, March 17th. Prospective bidders must have their bid time stamped in the Tamarac Purchasing Office, Room 108, no later than 4:00 PM, local time, March 17th, 2004. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. This Addendum should be signed below and returned with your bid. NAME OF BIDDER: ., George STnitn, President 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www_tcmaroc.org Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NO.6 STORMWATER PUMP STATIONS — EAST, CENTRAL & WEST RENOVATIONS BID NO. 04-05B DATE OF ADDENDUM: March 17, 2004 TO ALL PROSPECTIVE BIDDERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for Renovations of Stormwater Pump Stations East, Central &. West. The bid opening date has been changed from March 17, 2004 to March 24, 2004 at 4:00 PM. Prospective bidders must have their bid time stamped in the Purchasing Office, Room 108, no later than 4:00 PM, local time, March 241h, 2004. 2. The painting schedule for the concrete floors, walls, and ceilings, as shown on Sheet A4, is for an epoxy coating system. This conflicts with Section 09900 4.03 COATING SCHEDULE, page 41, where the coating specified for concrete surfaces is for a high-performance acrylic emulsion system. The system to be used for this application shall be the acrylic emulsion system. 3. Note: Bid specification Section 09900 PAINTS AND C4ALINGS shall take precedence over the Drawings relative to any paint and coating conflict. 4. Addendum No. 2, item number 6, indicated, "Bid Item No. 3 is deleted from bid schedule". Some planholders received Revised Bid Sheets BS-2, BS-9 and BS- 16 without the strike -through deleting Bid Item No. 3. Replace bid sheets 88- 2R, BS•9R and BS-16R with the attached sheets dated 3/17104, which show the strike -through of Bid Item No. 3. All other terms, conditions and specifications remain unchanged for Bid No. 04-058. All Bidders should acknowledge receipt and acceptance of this Addendum by submitting the signed Addendum with the Bid package. This Addendum should be sidned below ano7returnedpith your bid. NAME OF BIDDER: Wharton-Smi , Inc., George E. Smith, President Attached: Revised Bid Shee s BS-211, BS-9R and BS-16R dated 3117/04 7525 NW 88th Avenue ■ Tamarac , Fbrida 33321-2401 ■ (954) 724-2450 4 Fax (954) 724-2408 ■ www. torn arac.org Equal Oppori unity Employer of Tarnarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC /_1►101 WHARTON-SMITH, INC. THIS AGREEMENT is made and entered into this day of 2004 by and between the City of Tamarac, a municipal corporation, with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Wharton -Smith, Inc., a Florida corporation, with principal offices located at 750 County Road 15, P.O. Box 471028, Lake Monroe, FL 32747 (the "Contractor") to provide the renovations for Stormwater Pump Stations East, Central, and West as specified in Bid No. 04-05B. 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, terms and conditions of Bid 04-05B (General, Special and other Conditions), all drawings and specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents and Bid No. 04-05B, as set forth below: a. Contractor shall furnish all labor, materials, and equipment necessary to perform the work as indicated in the specifications contained in the bid documents. b. Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. C. Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 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 R,gtl, 1 of of Tamarac Purchasing and Contracts Division or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than 14 days after the date that Contractor receives Notice to Proceed. The work shall be completed under Phase One no later than 365 calendar days from receipt of the Notice to Proceed. Phase Two work shall be completed within 270 calendar days from its separate Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Four Million, Eight Hundred and Thirty - Two Thousand Dollars and no cents ($4,832,000.00). 6) Payments Payments will be made in accordance with contract documents and terms and conditions of Bid 04-05B. Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. 7) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. 8) Warranty Contractor warrants the work against defect for a period of one year(s) from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Page 2 of 7 City of l,arnarac Purchasing and Ccntract,3 Dian sign Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. All portions of the Project are to be completed according to the schedule. The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 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. ofTramarac, Purch�aSinq sand Contracts Divis on. . .................... . .. ..... . . . . . ....................... . ............................... . .. . . .. . .. . .......................... . . ..................... - t .... . ...................... ...... . ... ... . . ....................... 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR George E. Smith, President 750 CR 15, P.O. Box 471028 Lake Monroe, FL 32747 P H : 407-321-8410 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City 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. oq� F. of 7 of T<:aroarac Purchasing and Contrad,3 Division 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. P,- qe 5cat 7 City of 1<:unarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and WHARTON-SMITH, INC., signing by and through its President, duly authorized to execute same. ATTEST: Marion Svienson, CIVIC rky l e-rk - Date b11i94�9 CITY OF TAMARAC J Schreiber, Mayor Date Jeffrey LAhillee, City Manager Date ang4egai Auriciency: ' Mitchell Kraft,.City Atto�o . 4 Date Wharton -Smith. Inc. Compan ame (Corporate Secreta ) 8ignature of P sident WilliaM C. Robinson Jr. Type/Print Name of Corporate Secy (CORPORATE SEAL) George E. Smith Type/Print Name of President Date -kq-oy City of 7awnarac; Purchasing and C:�sntmcts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF Seminol : 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 George E. Smith, President of Wharton -Smith, 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 19)-� day of Qom, \ , 2004. .cur J. PETERSON Public, State of Florida,NgrWbre ,a an of Notary Public Ti. exp. Feb.17, 2006 State of Florida at Large No. DD 092779 Judy J. Peterson 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. Page7 of 7