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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-239Temp. Reso#10257 September 24, 2003 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- �2 3 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID NO.03-25B FOR THE INSTALLATION OF TYPE F CURB TO TROPEX CONSTRUCTION SERVICES, INC; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH TROPEX CONSTRUCTION SERVICES, INC. FOR INSTALLING TYPE F CURB; AUTHORIZING AN EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $41,664; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Woodlands subdivision entranceway and a section of NW 81 Street experience standing rain water after rain events; and WHEREAS, motorists often drive off the roadway and damage the swale area; and WHEREAS, the Public Works Department staff determined the installation of type F curb to channel rain water to swales and nearby catch basins, and prevent motorists from damaging the edge of the road is necessary to address these issues; and WHEREAS, the City of Tamarac publicly advertised Bid No. 03-25B for installation of type F curb in the Sun -Sentinel on July 20" and 271h, 2003; and WHEREAS, on August 6, 2003, two (2) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Tropex Construction Services, Inc. provided the lowest responsive and responsible bid for installation of type F curb, a copy of the bid tabulation and Bid are being hereto attached as Exhibit 1 and Attachment A of Exhibit 2 respectively; and Temp. Reso#10257 September 24, 2003 Page 2 of 3 WHEREAS, funding is available in the Public Works Stormwater Division budget for this purpose; and WHEREAS, the Director of Public Works and Purchasing and Contracts Manager recommend that the City award Bid No. 03-25B to Tropex Construction Services, Inc., for installation of type F curb in an amount not to exceed $41, 664; 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 #03-25B to Tropex Construction Services, Inc., for the installation of type F curb in an amount not to exceed $41,664, 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. 03-25B for installation of type F curb to Tropex Construction Services, Inc. is hereby approved. SECTION 3: The appropriate City Officials are authorized to execute the Agreement between the City of Tamarac and Tropex Construction Services, Inc., for the installation of type F curb, a copy being hereto attached as Exhibit 2. SECTION 4: An expenditure in an amount not to exceed $41,664 is hereby authorized. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso#10257 September 24, 2003 Page 3 of 3 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22" day of October, 2003. i JOE SCHREIBER Mayor ATTEST: r 1 RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALAB DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHIELL S. KFX4FT CITY ATTORNEY 1 O "—(—. - O City nh 1 <am<arw" u 'n ptjtc'7ICa wg and l c) rC)C'IS Divi'ioc ' R1 AGREEMENT BETWEEN THE CITY OF TAMARAC AND TROPEX CONSTRUCTION SERVICES INC. THIS AGREEMENT is made and entered into this cP,5�-X-A day of �,^` hq'2003 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") andTropex Construction Services, Inc., a Florida corporation with principal offices located at 459 NW 25 Avenue, Miami FL 33125 (the "Contractor") to provide for the installation of Type F curbing in the Woodlands area as specified in Bid 03-25B. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of Bid 03-25B, Install Type "F" Curbing, (General, Supplementary and other Conditions), drawings, specifications, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to install approximately 1,736 linear feet of type "F" curbing at two locations as shown in the drawings incorporated within Bid 03-25B. b) Contractor shall comply with the all of the Specifications listed on Pages 18-35 of Bid 03-25B. c) 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. d) 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. e) 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, ...................................................................................................... ............................... { F iq^, Citynt larrr��rac ° Florch asing and CContracth C)ivisioo < P nl n which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. ........................................ ........................................ 2 J,>;..r i� :+ntl c. la r.;r• <. ir,l. �,.) ! r�::�':r t: or<rr✓rr Ht rig r ,(.:..i( Dop x,.,«/.:<:.`�r OG ax.: City of Tamarac � �� Purchasing and Contracts t. ivisrr.an ( P 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 Officer 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 Officer 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 issuance of the City's Notice to Proceed. The work shall be substantially complete within 60 days of Contractor's receipt of the Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Forty -One Thousand, Six Hundred Sixty -Four Dollars and zero cents ($41,664.00). 6) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payments. 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 Releases of Liens and Affidavits shall be processed before the warranty period begins. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. .... .............. ... ........ ... .. ..,,,, r ,.� �. >r, ri. J. r. 4 .,, rt.r ;J,,.?� r..7 ( itv of T@irrtLvac ..... 8) Warranty purchasing r.rrrd Gcgltrc cts Divisioo � V Contractor warrants the work against defect for a period of one year from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. 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. 4 is,fQ.1 ,t'lG. ,.. ,1'L, lT7,O1'1.1'!'E 1. vr� City of Triro,'w'ac �� °� Purchasing haling and Contracts Division 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 Angel Pareja, CEO Tropex Construction Services Inc. 459 NW 25 Avenue Miami FL 33125 PH: (305) 386-8695 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. .... ..... . ,5 City of T<irmjrac Purchasing and Contracts Divisiori 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. ....... . 6 � 9 ti qH Gity of 7irnir�r< r, "� Purchasing and CoMr�aris Divisioo. . . . .. .. ............ . . . ........................................................ . IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and City Manager and Tropex Construction Services, Inc., signing by and through its Chief Executive Officer, duly authorized to execute same. CITY OF TAMARAC Joe Schreiber, Mayor Date ATTEST: Jeffre V. M er, City Manager Marion Swenson, CIVIC City Clerk /o, � j13 Date ATTEST: (C orate ec eta Type/Print Name of Corporate Secy. (C ;RP6RATE SEAL) Date App ov d as t I n I gl 6,ufficiency: Mitchell S� raft, City torney n h L(C' Date Tro ex Construction Services, Inc. Angel Pareja Type/Print Name of President/Owner Date ..� 4.....4_; ........ ....... .... .... .... ............. City of T<rrrr:rrrar, Purchasing asing arid Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Angel Pareja, Chief Executive Officer of Tropex Construction Services Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of 1 , 2003. Signature of Notary Public """ 4. t��► rge % = Commission 2 Expires: May 21, 2007 BondedMPqChru ill iIC yp or' amp Name of Notary Public 2 }-- Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath ,.; ,..>;..nrrtr.s r:ri! xtt.;;,5cl,ir<:ulhrpen ti„tn,7ti ic;^,,•c»,,nyrrrtt„rr,r, rc,.:�..:LK;3.' "rc7r+crx ;;rrrie!rrrr, r, l.)+..�)ai'ut; ATTACHMENT A rrrrrrrrrrrrFrrrrrrrrrrrrrrrr_ r , i _l i , I I -R-r. r r r r r INVITATION TO BID r r r r r r of rq r- r Mq r �,�y .: r r- V�� r r • � • r r r r r r rr r r �OR�� © r r r r r r r r r BID No. 03-25B r r r r r r r r Install Type F Curbin rr r r r r r r r r r r r r r r r r r r r r City of Tamarac r r Purchasing Division r r th 7525 NW 88Avenue r Room 108 r r r r- Tamarac, Florida 33321-2401 r r (954) 724-2450 r r r r r r r- rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr of Tamarac a Purchasing and Contracts Division TABLE OF CONTENTS Invitationto Bid......................................................................................................3 Instructions to Bidders...........................................................................4 General Terms and Conditions..................................................................... 4 - 10 SpecialConditions....................................................................................... 11 - 17 Specifications — General Provisions............................................................ 18 - 20 Technical Specifications.............................................................................. 21 - 35 BidCoversheet Checklist....................................................................................36 BidForm.........................................................................................................1 of 4 Non -Collusive Affidavit...................................................................................1 of 2 Certification....................................................................................................1 of 1 Bidder's Qualification Statement....................................................................1 of 3 References.....................................................................................................1 of 1 Vendor Drug -Free Workplace........................................................................1 of 1 List of Subcontractors.....................................................................................1 of 1 BidBond.........................................................................................................1 of 2 CertifiedResolution........................................................................................1 of 1 FormPayment Bond......................................................................................1 of 3 Form Performance Bond................................................................................1 of 4 Application for Payment.................................................................I...............1 of 1 ChangeOrder................................................................................................1 of 1 Final Release of Lien by Contractor...............................................................1 of 2 Standard Form of Agreement.........................................................................1 of 7 (Of TqqA city of Tamarac o a M ° :, "Committed to E"xcellence...Always" Purchasing and Contracts Division INVITATION TO BID BID NO.03-25B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, to install approximately 1736 LF of Type "F" curbing will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until Wednesday, August 6, 2003, by 2:00 PM at which time bids will be publicly opened and announced for: INSTALL TYPE "F" CURBING 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, on or before the bid opening deadline. Late bids will not be accepted. Two (2) photocopies of your bid submittal should accompany your original. The submittal should be plainly marked Bid #03-25B, "Install Type "F" Curbing, Woodlands Area" on the outside of the envelope. A Pre -Bid Meeting will be held on Tuesday, July 29, 2003, at 10 a.m. in Room 107, Tamarac Municipal Complex, 7525 NW 88 h Avenue, Tamarac, Florida. Attendance is highly recommended for all parties interested in bidding on this project. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. The 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 may be obtained from the Purchasing Office at the above address. For general inquiries, contact the Purchasing Office at (954) 724- 2450; for technical issues, contact Jean Dupuis, Project Manager, (954) 724-1357. James Nicotra, CPPB Interim Purchasing & Contracts Manager Publish Sun Sentinel: Sunday, July 20, July 27, 2003 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www,tamarcic.org Equol opportunity Employer of Tamarac 0 Purchasing and Contracts Division INSTRUCTIONS TO BIDDERS BID NO. 03-25B It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for the installation of approximately 1736 LF of type "I"' curb and gutter. The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a Contractor possessing one of the following licenses. State: Certified General Contractor or County: General Engineered Construction Builder or Major Roads Class "A" or Minor Roads Class "B" or Concrete Driveways, Curbs and Sidewalk Class "C". GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City's Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, not later than Wednesday, July 30, 2003, 2:00 pm. At this time the bids will be publicly 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 indicate the bid number and bid name on the outside of the sealed bid package. Delivery of the sealed bids to the City 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. Bidder shall submit one (1) original document, marked "Original" on its exterior, on or before 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. 4 City of Tamarac Purchasing and Contracts Division 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 bids 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 (90) days from the date of the bid opening unless otherwise stated by the City. 2. BONDING An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the City of Tamarac in amount not less than 5 % (percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. A Bid Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 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 form included in this bid and should submit the form with their Proposal but must submit within 2 business days of the City's request. The City considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 6. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 51 City of Tamarac 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 shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed 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. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. All work shall be completed within 60 days from the Notice to Proceed date. 9. BRAND NAMES Manufacturers' name, brand name, model number or make maybe 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 an "or equal" is offered, the Bidder must submit brochures, specification detail and/or samples seven (7) days prior to bid opening to the Project Manager. The City or its representative shall be the sole judge determining equal status. 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 (7) days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 6 City of Tamarac 161 Purchasing and Contracts Division 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 seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines -that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -Contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. of Tamarac 0 Purchasing and Contracts Division 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. of Tamarac 0 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: Line of Business/ Coverage Commercial General Liability Limits Occurrence Aggregate $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A minus, 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 9 of Tamarac -0 Purchasing and Contracts Division require that the Bidder purchase a bond to cover the full amount of the deductible or self - insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 24. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 25. CLARIFICATION TO TERMS AND CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager 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. The Purchasing Division will also post bid tabulation results on its website at soon as practical. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 27. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor 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. t �� 0 City of Tamarac Purchasing and Contracts Division 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 traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall 9 ., City of Tamarac 0 Purchasing and Contracts Division 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 any and all City Building permits. However, the City will pay for all permit fees, if applicable. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications, if applicable. 5. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the engineering plans prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized 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 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 Director of Public Works 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 — 5:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 5:00 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award unless otherwise instructed in this bid document. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Award. 2 of Tamarac Purchasing and Contracts Division 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 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. 13 of Tamarac Purchasing and Contracts Division 12.1 Change Order The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. CHANGES IN CONTRACT TIME 13. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 13.1 Notice Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party at least fifteen (15) days prior to the substantial completion date of the project. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.2 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not bd granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the of Tamarac Purchasing and Contracts Division 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. LIQUIDATED DAMAGES Upon failure of Contractor to complete the work within the time specified for completions, (plus approved extensions if any), Contractor shall pay City the sum of $150.00 for each calendar day that the completion of the work is delayed beyond the time specified in the contract for completion, as fixed and agreed liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the contract on time. Regardless of whether or not a single Contract is involved, the above -stated liquidated damages shall apply separately to each portion of the work for which a time of completion is given. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor, the amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall be responsible for reimbursing City, in addition to liquidated damages or other per day damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Contractor whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. Contractor may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event Contractor has been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages. 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. .15 City of Tamarac Purchasing and Contracts Division 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid amount. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible to locate existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. 16 of Tamarac Purchasing and Contracts Division No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed utilities to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the engineer in writing seven (7) working days prior to the scheduled construction. The engineer may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. f% City of Tamarac 0 Purchasing and Contracts Division Scope of work: Specifications Type "F" Curb Installation General Provisions The work specified in this section consists of furnishing all labor, materials, and equipment to install approximately 1736 LF of type "F" curbing at two (2) different locations, as shown on drawings 1 and 2. Work should include, but not limited to, permitting, demolition, saw cutting, site preparation, grading, curb construction, asphalt work, traffic markings, and pavement restoration. All concrete used on this project shall be Class I concrete 3000 PSI strength as specified in Section 345 of the Florida Department of Transportation Standards Specification for Road and Bridge Construction, current edition and supplements thereto. All work shall be in accordance with the lines, grades, notes and sections shown on the drawings: • Install approximately 1,126 LF of type "F" curb and gutter along existing edge of roadway on Woodlands Blvd. from the entrance circle catch basin to first catch basins immediately south of entranceway on both sides of the streets. • Install approximately 610 LF of type "F" curb and gutter along the south edge of roadway on NW 81 Street from Pine Island Road to NW 85 Way. • Remove existing shrub hedges around the two (2) catch basins at the south end of Woodlands Blvd. entranceway. • Remove existing asphalt at all four (4) catch basin aprons, and replace with concrete aprons. *Alternate "A": o An additional 200 LF along the south edge of roadway on NW 81 Street from NW 85 Way to east catch basin may be included if funding is available. Restoration: All existing pavement, cut or damaged by and during construction, shall be restored at Bidder's expense. Because existing roadways were recently resurfaced, proposed new curb must directly abut roadway. The intent is to eliminate the need for any asphalt patch between existing pavement and proposed new curb. All existing swale areas, damaged by and during construction, shall be restored at Bidder's expense. 1 t 0 of Tamarac Purchasing and Contracts Division Maintenance of traffic: Bidder shall submit an acceptable Maintenance of Traffic (MOT) plan to the City of Tamarac Public Works Department for approval prior to the start of any work. Once approved, Bidder shall be responsible for the MOT during the entire construction. APPLICABLE CODES STANDARDS AND SPECIFICATIONS: All construction and materials under this Contract shall be in strict accordance with the applicable provisions of the following: • The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction," Latest Edition. • The Florida Department of Transportation "Roadway and Traffic Design Standards." • U.S.D.O.T. "Manual on Uniform Traffic Control Devices for Streets and Highways (M.U.T.C.D.)." • American Association of State Highway and Transportation Officials (AASHTO). • American Society for Testing and Materials (ATSM). • Applicable City, State, and County codes. In cases of conflict within the provisions of the above -mentioned manuals, the most stringent conditions shall prevail. Bidder shall be responsible for notifying the appropriate City Officials of said conflicts and shall receive City approval for any decisions/changes related to said conflicts. Pre -Construction: After a contract has been awarded a pre -construction meeting shall be held before the start of any work. Representatives Yof the City, the Bidder's Project Manager and Superintendent, and City's Design Consultant shall meet to discuss construction issues and work schedule. The agenda shall include, but not limited to, the following topics: • Project schedule, order of work, critical items and work sequencing; • Review of technical specifications, • Inspections, testing, and Engineering Approvals; • Work to be performed by subcontractors; • Project contacts and communication procedures between Bidder and City staff; • Permits and coordination issues with the City and other agencies, • Safety and Maintenance of Traffic; • Site conditions and conflicts; • Storage of construction material and equipment; • Field decisions and payments process; • Records and documents maintenance. ,_Q City of Tamarac Purchasing and Contracts Division Project Meetings: • Bidder's Project Manager and Superintendent shall be in attendance at all Projects Meetings; • City shall provide meeting minutes reflecting all items discussed as well as agreed upon or suggested solutions; • Upon receipt by U.S. Mail or facsimile, Bidder shall have 48 hours to review meeting minutes and provide written comments to City indicating all areas of dispute. In the event the Bidder makes no response, the meeting minutes provided by the City shall be presumed as a true and accurate reflection of items discussed. Submittals: Number Item Due Date 1 Any required shop drawings and samples 14 days after Notice to Proceed 2 Certified Mix Design 10 days after award ofContract 10 days after award of 3 Critical Path Construction Schedule Contract PERMITTING: Bidder shall be responsible, at Bidder's expense, for obtaining all necessary State, County and Municipal permits and "Maintenance of Traffic" approvals necessary to complete the project prior to beginning work on project. Y Maintenance of Traffic in the public rights -of -way shall be in accordance with M.U.T.C.D., the State Department of Transportation, and the City of Tamarac. 20 city of Tamarac 0 Purchasing and contracts Division TECHNICAL SPECIFICATIONS CLEARING AND GRUBBING: PART 1 — GENERAL 1.01 WORK INCLUDED A. Clear and grub the areas to be occupied by the facilities to be constructed including all areas to be excavated, filled, paved or planted as shown on the Drawings, and as specified herein. 1.02 DEFINITIONS A. Clearing shall consist of the cutting, removal and satisfactory disposal of all trees, stumps, brush, rubbish and any other objectionable material within the designated areas. B. Grubbing shall consist of the removal and disposal of all stumps larger than 1-1/2 inches in diameter and other objectional material to a depth of at least 12 inches below the ground surface. PART 2 — PRODUCTS (Not Used) PART 3 — EXECUTION 3.01 PROTECTION OF ADJACENT AREAS A. The BIDDER shall protect areas shown on the Drawings or designated by the ENGINEER to remain protected from damage by construction operations by erecting suitable barriers or other acceptable means. Areas outside the limits of construction as shown on the Drawings shall be protected and no equipment or materials shall be stored or allowed to damage these areas. 3.02 DISPOSAL A. All roots, vegetation and other refuse shall be removed from the site and properly disposed of by the BIDDER. Burning of any material on site will not be permitted. END OF SECTION 27 Citv of Tamarac Purchasing and Contracts Division EXCAVATION AND BACKFILL: PART1 GENERAL 1.01 SECTION INCLUDES A. Excavation of materials for roadways. B, Excavation of materials for roadside ditches. 1.02 MEASUREMENT AND PAYMENT A. Unit Prices. 1. Payment for roadway excavation shall be included in the curb installation cost. 1.03 REFERENCES A. AASHTO T-99 PART2 PRODUCTS 2.01 MATERIALS A. Provide backfill which is excavated material, graded free of: • Roots, • Lumps greater than 6 inches, • Rocks larger than 3 inches, • Organic material, • Debris. B. Provide structural backfill which is select material meeting the following requirements: 1. Plasticity index: not less than 12 nor more than 20. 2. Maximum liquid limit: 45. PART 3 EXECUTION 3.01 PREPARATION A. Identify required lines and levels according to Construction Drawings. B. Identify and flag surface and aerial utilities. C. Notify utility companies to remove or relocate utilities. . _ __ _ .......................................... _.._........z...... . of Tamarac Purchasing and Contracts Division D. Identify, stake, and flag known utility locations below grade. Make temporary or permanent relocation of underground pipes, ducts, or utilities where indicated on Drawings. E. Upon discovery of unknown or badly deteriorated utilities, or concealed conditions, discontinue work. Notify City Engineer and obtain instructions before proceeding in such areas. F 3.02 /_\ 3.03 A. B. 3.04 Obtain approval of topsoil quality before excavating and stockpiling. PROTECTION Protect the following from damage or displacement: 1. Trees, shrubs, lawns, existing pavement, structures, and other features outside of grading limits. 2. Utilities either above or below grade, which are to remain. TOPSOIL. REMOVAL Strip off topsoil from the area to be excavated to a minimum depth of 6 inches, unless otherwise indicated on the Drawings. Stockpile topsoil in a designated location for reuse. Stockpile topsoil to a depth not exceeding 8 feet. Cover to protect from erosion. SOIL EXCAVATION A. Excavate to lines and grades shown on Construction Drawings. B. Where Type F curb is to be installed next to the existing pavement, the existing pavement shall be neatly saw cut at the edge where it' meets the proposed curb face. The excavation trench shall extend to the bottom of the curb pad for type F curb, as shown in the project plans. The trench width shall be sufficient to provide adequate working room for placing the curb and curb pad. Excavation shall be in compliance with the requirements of section 125-4 of the FDOT Standard Specifications for Road and Bridge Construction. C. Remove unsuitable material not meeting specifications. Backfill material shall be deposited in horizontal layers not exceeding 8" in depth, and shall be compacted to a density of not less than 100% of the maximum density as determined by AASHTO T-99. The Backfill shall extend to the original ground surface and shall consist of material of acceptable quality to the Engineer, and as specified in Section 2.01, END OF SECTION 23 City of Tamarac 0 Purchasing and Contracts Division CONCRETE: PART 1 —GENERAL 1.01 THE REQUIREMENT A. The BIDDER shall furnish all materials for concrete in accordance with the provisions of this Section and shall form, mix, place, cure, repair, finish, and do all other work as required to produce finished concrete, all in accordance with the requirements of the Contract Documents. B. The following types of concrete shall be covered in this Section: 1. Site -work Concrete: Concrete to be used for curbs, gutters, catch basins, sidewalks, cart paths, fence and guard post embedment, underground duct bank encasement and all other concrete appurtenant to electrical facilities unless otherwise shown or noted on the Drawings. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the generality of other requirements of these specifications, all work specified herein shall conform to or exceed the requirements of the South Florida Building Code and the applicable requirements of the following documents to the extent that the provisions of such documents are not in conflict with the requirements of this Section. ACI 318 — Building Code Requirements of Reinforced Concrete. CRSI — Manual of Standard Practice. 1.03 SUBMITTALS A. Mix Designs Prior to beginning the work, the BIDDER shall submit to the CITY, for review, proposed concrete mix designs which shall show the proportions and gradations of all materials proposed for each class and type of concrete. All costs related to such mix design shall be borne by the BIDDER. 1.04 QUALITY ASSURANCE A. Tests on component materials and for compressive strength and shrinkage of concrete will be performed as specified herein. Test for determining slump will be in accordance with the requirements of ASTM C 1143. 24 0 of Tamarac Purchasing and Contracts Division B. Concrete for testing shall be supplied by the BIDDER at no cost to the CITY, and the BIDDER shall provide assistance to the CITY in obtaining samples. The BIDDER shall dispose of and clean up all excess material. C. Field Compression Tests 1. Compression test specimens shall be taken during construction from the first placement of each class of concrete specified herein and at intervals thereafter as selected by the CITY to ensure continued compliance with these specifications. At least one set of test specimens shall be made for each 50 yards of concrete placed. Each set of test specimens shall be a minimum of 4 cylinders. 2. Compression test specimens for concrete shall be made in accordance with ASTM C 31. Specimens shall be 6-inch diameter by 12-inch high cylinders. 3. Compression tests shall be performed in accordance with ASTM C 39. One test cylinder will be tested at 7 days and 2 at 28 days. The remaining cylinder will be held to verify test results, if needed. PART 2 — PRODUCTS 2.01 CONCRETE MATERIALS A. Materials shall be delivered, stored, and handled so as to prevent damage by water or breakage. Only one brand of cement shall be used. Cement reclaimed from cleaning bags or leaking containers shall not be used. All cement shall be used in the sequence of receipt of shipments. B. All materials furnished for the work shall comply with the requirements of ACI 301, as applicable. C. Storage of materials shall conform to the requirements of ACI 301. D. Materials for concrete shall conform to the following requirements: 1. Cement shall be standard brand Portland cement conforming to ASTM C 150 Type 1. 2. Water shall be potable, clean, and free from objectionable quantities of silty organic matter, alkali, salts and other impurities. 3. Aggregates shall be obtained from pits acceptable to the CITY, shall be non -reactive, and shall conform to the SFBC and ASTM C 33. Maximum size of coarse aggregate shall be as specified in Paragraph 2.04B. 25 Citv of Tamarac 0. Purchasing and Contracts Division 4. Ready -mix concrete shall conform to the requirements of ASTM C 94. 5. Air-entrainin a ent meeting the requirements of ASTM C 260, shall be used. Sufficient air -entraining agent shall be used to provide a total air content of 3 to 5 percent (Max.). The CITY reserves the right, at any time, to sample and test the air -entraining agent received on the job by the BIDDER. The air -entraining agent shall be added to the batch in a portion of the mixing water. The solution shall be batched by means of a mechanical batcher capable of accurate measurement. 6. Admixtures: Water reducing and retarding admixture shall be added and measured as recommended by the manufacturer. The addition of the admixture shall be separate from the air entraining admixture. The addition of the admixture shall be completed with one minute after addition of water to the cement has been completed, or prior to the beginning of the last three-quarters of the required mixing, whichever occurs first. Water reducing and set retarding admixtures shall be in conformance with ASTM C 494, Type D. 2.02 CURING MATERIALS A. Materials for curing concrete as specified herein shall be MB 429 as manufactured by Materbuilders, or equal. The curing compound shall contain a fugitive dye so that areas of application will be readily distinguishable. 2.04 CONCRETE DESIGN REQUIREMENTS A. General: Concrete shall be composed of'cement, admixtures, aggregates and water. These materials shall be of the quantities specified. In general, the mix shall be designed to reduce a concrete capable of being deposited so as to obtain maximum density and minimum shrinkage and, where deposited in forms, to have good consolidation properties and maximum smoothness of surface. All changes shall be subject to review by the CITY. B. Water -Cement Ratio and Compressive Strength: The minimum compressive strength and cement content shall be not less than specified in the following tabulation. Min.28-Day Max. Min. Compressive Size Cement Max. W/C Strength Aggregate Per cu yd Ratio Type of Work Psi in. sacks b wt. 26 City of Tamarac 0 Purchasing and Contracts Division Site -work Concrete: Concrete fill, pave- 3,000 1 5.5 0.50 ment, curbs and (Class B) sidewalks. Note:One sack of cement equals 94 lbs. 2.05 CONSISTENCY A. The consistency of the concrete in successive batches shall be determined by slump tests in accordance with ASTM C 143. The slumps shall be 3 inches, but no more than 4 inches. PART 3 — EXECUTION 3.01 PREPARATION OF SURFACES FOR CONCRETING A. General: Earth surfaces shall be thoroughly wetted by sprinkling, prior to the placing of any concrete, and these surfaces shall be kept moist by frequent sprinkling up to the time of placing concrete thereon. The surface shall be free from standing water, mud, and debris at the time of placing cement. B. Cleaning: The surface of all metalwork to be in contact with concrete shall be thoroughly cleaned of all dirt, grease, loose scale and rust, grout, mortar, and other foreign substances immediately before the concrete is placed. 3.02 FINISHING CONCRETE SURFACES A. General: Surface shall be free from` fins, bulges, ridges, offsets, honeycombing, or roughness of any kind, and shall present a finished, smooth, continuous hard surface. Allowable deviations from plumb or level and from the alignment, profiles, and dimensions shown on the drawings are defined as tolerances and are specified herein. These tolerances are to be distinguished from irregularities in finish as described herein. Aluminum finishing tools shall not be used. B. Uniformed Surfaces: After proper and adequate vibration and tamping, all unformed top surfaces of slabs and curbs shall be brought to a uniform surface with suitable tools. C. Slabs shall receive a steel trowel finish without local depressions or high points. In addition, the surface shall be given a light hairbroom finish with brooming perpendicular to drainage unless otherwise shown. The resulting surface shall be rough enough to provide a nonskid finish. 27 of Tamarac 0 Purchasing and Contracts Division 3.03 PROTECTION A. The BIDDER shall protect all concrete against injury until final acceptance by the CITY. Fresh concrete shall be protected from damage due to rain. The BIDDER shall provide such protection while the concrete is still plastic and whenever such precipitation is imminent or occurring. 3.04 TREATMENT OF SURFACE DEFECTS A. As soon as forms are removed, all exposed surfaces shall be carefully examined and any irregularities shall be immediately rubbed or ground in a satisfactory manner so as to secure a smooth, uniform, and continuous surface. Plastering or coating of surfaces to secure a smooth, uniform, and continuous surface. Plastering or coating of surfaces to be smoothed will not be permitted. No repairs shall be made until after inspection by the CITY. In no case will extensive patching of honeycombed concrete be permitted. Concrete containing minor voids, holes, honeycombing, or similar depression defects shall be repaired as specified herein. Concrete containing extensive voids, holes, honeycombing, or similar depression defects, shall be completely removed and replaced. The BIDDER at its own expense shall promptly execute all repairs and replacements herein specified. 3.06 CARE AND REPAIR OF CONCRETE A. The BIDDER shall protect all concrete against injury or damage from excessive heat, lack of moisture, overstress, or any other cause until final acceptance by the CITY. Particular care shall be taken to prevent the drying of concrete and to avoid roughening or otherwise damaging the surface. Any concrete found to be damaged, or which may have been originally defective, or which becomes defective at any time prior to the final acceptance of the completed work, or which departs from the established line or grade, or which, for any other reason, does not conform to the requirements of the Contract Documents, shall be satisfactorily repaired or removed and replaced with the acceptable concrete at the BIDDER's expense. END OF SECTION CU City of Tamarac Purchasing and Contracts Division CONSTRUCTION: PART 1 — PRE -CONSTRUCTION 1.01 PROCEDURES A. The "Notice to Proceed" shall be given to the Bidder at the pre - construction meeting. B. The Bidder shall obtain a Sunshine State One Call Certification number at least 48 hours prior to beginning any excavation, call 1-800-432-4770. C. Bidder shall be responsible for verifying all site conditions, facilities, and accuracy of plans prior to beginning work. It is the responsibility of the Bidder to notify the appropriate City, State, and County officials of any conflicts to the proposed construction so that appropriate measures can be taken to resolve the conflict. PART 2 — CONSTRUCTION 2.01 TEMPORARY FACILITIES A. Bidder shall be responsible, at Bidder's expense, to supply temporary facilities, including but not limited to, sanitary services, water service, and electricity as necessary. 2.02 SAFETY A. Bidder shall supply all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. B. All open trenches and holes adjacent to roadways or walkways shall be properly marked and barricaded to assure the safety of both vehicular and pedestrian traffic. C. No trenches or holes near walkways, in roadways or their shoulders are to be left open during any non -working hours. D. All construction shall be done in a safe manner and in strict compliance with all the requirements of the Federal Occupational Safety and Health Act (OSHA) of 1970, and all State and Local safety and health regulations. of Tamarac t. Purchasing and Contracts Division 2.03 CURBING AND ASPHALT RESTORATION: A. The Bidder shall perform all earthwork necessary to accomplish the curb construction shown on the drawings. This includes all excavations, embankment and removal of muck and any other unsuitable material in order to attain the required alignment, grade and cross section shown on the drawings. B. The Bidder shall perform all excavation of whatever material encountered necessary to accomplish the curb construction shown on the drawings. This includes the movement and placement of suitable excavated material used for fill and embankment. C. All rights -of -way and easements within construction areas are to be completely demucked. Any such material shall be replaced with approved granular fill that shall be compacted in layers no thicker than 6" to not less than 100% of maximum density as determined by AASHTO T-99C. D. The 4" limerock curb pad shall be compacted in one lift to not less than 98% of maximum dry density as per AASHTO T-180, minimum carbonates = 70%, liquid limit less than 35, plasticity index less than 6, LBR of not less than 100, and conform to the requirements of section 911 of Florida Department of Transportation Standard Specifications. E. Concrete gutters and curbs shall be constructed at the locations and to the dimensions and grades shown on the drawings and shall be in accordance with Florida Department of Transportation Standard Specifications, Section 520, Articles 520-1 through 520-10. F. All existing pavement, cut or damaged by construction, shall be properly restored at the Bidder's expense. G. Where any proposed pavement is to be connected to existing pavement, the existing edge of pavement shall be saw cut. H. Stabilization shall be performed where shown on the drawings and shall conform to the requirements of Florida Department of Transportation Standard Specifications, Section 160, Articles 160-1 through 160-8. 2.04 TESTING A. Bidder shall be responsible for providing City with test results for the following: - Density test on the stabilized subgrade. Density test on the finished limerock base. Soil samples per AASHTO T-99C and T-180 30 City of Tamarac Purchasing and Contracts Division B. Density tests shall be taken by an Independent Testing Laboratory certified by the State of Florida, and shall be administered in the presence of the appropriate City, State or County officials. The Bidder shall pay for all testing costs_ C. The finished surface of the base course, and that of the wearing surface, shall not vary more than '14" from the template. Bidder shall correct any irregularities exceeding this limit. 2.05 CLEANUP A. Bidder shall restore or replace any public or private property damaged by Bidder, Bidder's employees/agents, Bidder's equipment, or Bidder's failure to adhere to prescribed safety measures. Restoration condition shall be equal to or better than conditions existing immediately prior to the beginning of work on the project. Restoration shall be at Bidder's expense. B. Bidder shall be responsible, at Bidder's expense, for removal and proper disposal of all construction debris. C. During construction, the project site and all adjacent areas shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept broom clean. 2.06 SUBMITTALS A. Upon completion of construction, and prior to final approval and payment, the Bidder shall submit to the appropriate City, State, and County officials, one complete set of "As Built" drawings. These drawings shall be marked to show "As Built" construction changes and dimensions, locations, and elevations of all improvements. END OF SECTION 31 City of Tamarac 0 Purchasing and Contracts Division PAVEMENT MARKING: PART 1 — GENERAL 1.01 THE REQUIREMENT A. This section consists of the replacement of pavement striping, marking, and traffic signs distributed by the Bidder as required for a complete installation. B. All pavement striping shall be thermoplastic unless otherwise specified in writing by CITY. 1.02 RELATED ITEMS SPECIFIED ELSEWHERE A. Asphaltic concrete pavement. 1.03 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. DOTSpecifications: The phrase "DOT Section" shall refer to the Section specified in the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The DOT Specifications are referred to herein and are hereby made a part of this Contract to the extent of such references, and shall be as binding upon the Contract as though reproduced herein in their entirety. DOT 706 Reflective Pavement Markers DOT 711 Thermoplastic Traffic Stripes and Markings DOT 971 Paint Materials 1.05 QUALITY ASSURANCE A. All road work shall be in full compliance with local and state codes standards and regulations and the State of Florida "Manual of Uniform Minimum Standards for Design Construction and Maintenance for Streets and Highways" and "Manual of Traffic Control and Safe Practices for the Streets and Highway Construction Maintenance and Utility Operation." B. Bidder shall be responsible for all pavement markings as noted on plans. All pavement markings shall conform to appropriate City, State, County and MUTCD standards. 32 City of Tamarac Purchasing and Contracts Division PART 2 — PRODUCTS 2.01 TRAFFIC PAINT A. Paint for pavement stripes shall be in conformance with DOT Section 971- 13. B. Colors shall be yellow or white. 2.03. REFLECTIVE PAVEMENT MARKERS A. Reflective pavement markers and their installation shall conform to the DOT Specifications, Section 706, and/or Broward County and/or City, whichever is more stringent. 3.04 THERMOPLASTIC TRAFFIC STRIPES AND MARKINGS A. Thermoplastic pavement markings, including stripes, stop bars, reflective pavement markers and other miscellaneous items, will be replaced as existed before the repair was made. The thermoplastic compound shall be a specified in DOT 711. The thermoplastic compound shall be extruded or sprayed onto the pavement surface in a molten state by mechanical means, with surface application of glass spheres, when required, and upon cooling to ambient pavement temperature, shall produce an adherent pavement marking of specified thickness and width and capable of resisting deformation. B. The colors of the compound shall be white and yellow, as existed before the repair. C. Where thermoplastic is to be applied to cement concrete pavement, a sealing primer as specified in DOT Specifications, Section 711 shall be applied in advance of the placing of the stapes. D. The thermoplastic shall be applied to the pavement utilizing either extrusion or spray application equipment. The application equipment shall be so constructed as to provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the shaping die or gun shall be so constructed as to prevent accumulation and clogging. The equipment shall be constructed so that all mixing and conveying parts up to and including the shaping die or gun maintain the material at the plastic temperature with heat transfer oil or electrical element controlled heat. Direct fire heat transfer will not be allowed. 33 of Tamarac C] Purchasing and Contracts Division E. The application equipment shall be so constructed as to insure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off square strip ends, and shall provide a method of applying "skip" lines. The use of pans, aprons, or similar appliances, which the die overruns, will not be permitted. F. Glass spheres applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the striping machine in such a manner that the beads are dispensed almost instantaneously upon the installed line. G. Special kettle(s) shall be provided for melting and heating the thermoplastic material. The kettle(s) shall be equipped with automatic thermostatic control devices in order to provide uniform temperature control and prevent overheating of the material. The applicator and kettle(s) must be so equipped and arranged as to satisfy the requirements of the National Fire Underwriters, the State of Florida, and the municipalities that have jurisdiction where the work is being done. H. Applicators shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The applicator equipment to be used on roadway installations shall consist of either hand equipment or truck -mounted units, depending on the type of marking required. The hand applicator equipment shall be insulated and shall have sufficient capacity to hold 150 pounds of molten material and shall be sufficiently maneuverable to install crosswalks, lane, edge and centerlines, arrows and legends. The truck -mounted unit for lane, edge and centerlines shall consist of a mobile self-contained unit carrying its own material capable of operating at a minimum speed of five miles per hour while installing striping. J. Application time, weather limitations and surface preparation shall be in accordance with DOT Sections 710-4. 710-5 and 710-8. K. The material, when formed into traffic stripes or other markings, must be readily renewable by placing an overlay of new material directly over an old line of compatible material in such a manner that no splitting or separation takes place. L. The application temperature shall be within the range specified by the manufacturer of the thermoplastic compound being used. ........................................ . ,34 of Tamarac { Purchasing and Contracts .Division M. All pavement edge lines, gore, island and diagonal strip markings, wherever located, shall have a minimum thickness of 0.060 inch at the edges and a maximum thickness of 0.120 inch at the center. A minimum average film thickness of 0.090 inch shall be maintained. All lane lines, center lines, transverse markings (except shoulder markings) and pavement markings within traffic wearing area (such as dotted turning guide lines) shall have a minimum thickness of 0.090 inch at the edges and a maximum thickness of 0.1 inch at the center. A minimum average film thickness of 0.090 shall be maintained. All thickness measurements shall be an average in any three-foot length. N. The glass sphere top coating shall be applied by a type of glass sphere dispenser or gun which will embed the spheres into the line surface to at lest one-half their diameter. The glass sphere top coating shall not incur more than 10 percent loss during the first 30 days of traffic exposure. END OF SECTION 35 City of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): �v��ex Cov,s�rc�c_.�;o,� S�✓����s��ri2c Phone: 5 3 9 to ._ s (,a5 Fax: C3o5) c � 5 - 03 Lf a SUMMARY OF DOCUMENTS TO BE SUBMITTED BY BIDDERS 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [�2. Carefully read the Detailed Specifications, and properly fill out the Bid Forms. 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. E�4. Sign the Certification page. Failure to do so may result in your Bid being deemed non -responsive. [� Fill out the Bidders Qualification Statement. Fill out the References page. 7. Sign the Vendor Drug Free Workplace Form. E4 Fill out the List Of Subcontractors. d9' Include a 5% BID GUARANTEE. Failure to provide a guarantee will result in automatic rejection of your bid. [r10. Fill out and sign the Certified Resolution. [�11. Include proof of insurance. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. of Tamarac Purchasing and Contracts Division BID FORM Submitted by: e � fi rco5 G, Date Avays4- (� (Bidder) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for ninety (90) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. of Tamarac Purchasing and Contracts Division BID FORM (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, to: Install Type "F" Curbing and Gutter In order to be considered for this project, the vendor must meet the following conditions: Vendor must posses one of the following Broward County Certificate of Competency licenses or specified State Certification license. County: General Engineered Construction Builder or Major Roads Class "A" or Minor Roads Class "B" or Concrete Driveways, Curbs and Sidewalk Class "C" State: Certified General Contractor 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. SCHEDULE OF BID PRICES Quantity Description of Work Unit of Measure 1,736 Install Type "F" Curb & Gutter L.F. Per bid specification TOTAL BASE BID *Alternate "A": 200 Install Type "F" Curb & Gutter L.F East of NW 85 Way Unit Price �- (-�' il.P. *Alternate Bid Item: Except where CITY exercises the right reserved herein to reject any or all bids and subject to the restrictions stated herein above, the contract shall be awarded by CITY to the responsible bidder who has submitted either the lowest responsive bid, or the lowest responsible bid on the base bid including such Alternate(s) as CITY determines to be in its own best interests. NAME OF BIDDER: 5ev v ce s of Tamarac Purchasing and Contracts Division BID FORM (continued) The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. -rropey. co4-rV +' Q., Services, Company Name WSI r? W 25 Ave . Address City, State, ZIP See .44+n( 1eJ rContractor's License Number 3'6�- �(,95 30S v'4S -03 Telephone & Fax Number Federal Tax ID# of Tamarac Purchasing and Contracts Division BID FORM (continued) Bidders Name: i ✓'oaey. Coy)s--y'uc+i�)y) _Se✓v;ce , a_ ,,)c . TERMS: I % DAYS: l0 X/ < .,-11-30 Delivery/completion: i_0 0 calendar days after receipt of Purchase Order To be considered eligible for award, 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. 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. City of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of �- )ss. County of YO a+l,i -Do e I m, A e, being first duly sworn, deposes and says that: 1. He/she is the o -�v,)e+" — , (Owner, Partner, Officer, Representative or Agent) of 2- e boo --ice +� r ce c . , 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: Y Witness _ � S Witness A , Print'6d Name NJ 0, of Tamarac 0 Purchasing & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Vdirnm'l --bode- On this the is day of v �- , 20 03 , before me, the undersigned Notary Public of the State of Florida, perso ally appeared ioq and (Nam (s) of individuals) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. 4rpr.r , Donald PetraitisNOTARY PU fDA NOTARY PUBLIC ="`"fie Commission#DD214339 n SEAL OF OFFICE: .. .*-ExpirBonded 21,2007 bon a I r�nI �S (Name of Notary Public: Print, ' Atlantic Bonding Co., Inc. Stamp, or Type as Commissioned) 0 Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath City of Tamarac Pcn-chasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item (s)/sery ice(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUALD PARTNERSHIP If "Other", Explain: Title T e C �qfV^L)CL rn cQ �- Company Name W; arl," , Ft . 3 3 ► a' City/State/Zip (305) L75-03ti Fax Number CORPORATION © OTHER [:] Anna(YYl Pa Name rinted Or Typ d) (�95- Ogdl l ?'3 � Federal Employer I.D./Social Security No. ,-t 5 a t)9. Ave . Address C3 c05) 3 9 �0 - q S Telephone 4 ,A, l M. Are, � Contact Verson of Tamarac & Contracts Division BIDDER'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 & Contracts Manager 7525 NW 88th Avenue CHECK ONE: Tamarac, Florida 33321-2401 Corporation 1:1 Partnership 1-1 Individual EJoint Venture D Other SUBMITTED BY (Company Name) ` io sex Con,.: fuc+iy,n ADDRESS: - CITY, STATE ZIP: 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: Correct Name of Bidder 'TroPex Co v)SS'frvc_4- o4 �e-v'iu s- . 2,4 r . Principal address of Business 95C) n4,d a4 14111e City, State Zip a r=t, 331 aS 2. If Offeror is a corporation, answer the following: a. Date of Incorporation b. State of Incorporation C. President's name 3a _Tle d. Vice President's name A��,�. t ryi. 6e22 A e. Secretary's name: 4,f, far f. Treasurer's name So✓ les', g. Name of Resident Agent An e/ . 3. If Offeror is an Individual or a Partnership, answer the following: Date of Organization /V/ Name, address and ownership units of all partners (if necessary, use separate sheet): NAME ADDRESS OWNERSHIP UNIT City of Tamarac Purchasing & Contracts Division State whether general or limited partnership _ AJ / A 4. If offer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: NAME ADDRESS 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. A//,4 6. How many years has your organization been in business under its present name? 3 a. Under what former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions that are the subject of the Bid. Please attach certificate of competency and/or state registration. See A4+nc-tieJ--- 8. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 00 9. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work that you have performed or goods you have provided (government owners are preferred as references): NAME ADDRESS PHONE SeF 6,)% rgb c ✓ I f .r 1 i-�'-4 330410 05 2 22 -,�Zqa-7 FL /331�� c305 a.3�-o��l 0 s Gt i UWl FF . CAujel-( Cd >` 3 3 I a of Tamarac Division 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). See A-++- o, c h ed 11. State the name of the individual who will have personal supervision of the work: THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY THE OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE BIDDER'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-ANAEQR CONTRAC I% ACKNOWLEDGEMENT BIDDER'S QUALIFICATION STATEMENT State of Florida County of m ; are,; - ii)Ac1e On this the --(2— day of Aov ov +- 20 0_a_, before me, the undersigned Notary Public of the State of Florida, personally appeared .4y)a e I M . ._. and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. Donald PetraitiNOTARY PUBLIC -STATE OF FLEA---__. NOTARY PUBLIC Commission#DD214339 -"' Expires:Ma 21 2007 SEAL OF OFFICE: y BondedThru� bor) Q /a A �rar Atlantic BondingCo.,Inc. (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, orq_DID NOT take an oath T I 'n 0 P X CC3NSTRUCTII7N SERVICES INC_ Main Office Licensed, Bonded, Insured and Certified Divisional Office 459 Northwest 25th Avenue Telephone: (305) 386-8695 14342 Southwest 981h Terrace Miami, Florida 33125 Fax: (305) 675-0342 Miami, Florida 33186 Email: tropexcs@aol.com State Certified General Contractor CGC# 1504111 Experience of key individuals of the corporation: Jorge Iglesias, President Twenty years of experience in supervising and managing general construction, painting and waterproofing projects including small, medium and large governmental and residential projects. Angel M. Pareja, Vice President Ten years of experience in supervision of personnel and business management. Five years of experience in supervising and managing governmental and residential projects. Robert Rodriguez, Project Manager Seventeen years of experience supervising and managing general construction, painting and waterproofing (private and governmental), including managing quality control, scheduling, acquisition of materials, personnel safety and assisting in doing estimates. Sergio Murro, Field Supervisor Ten years of experience supervising general construction, painting and waterproofing (private and governmental), scheduling, acquisition of materials, personnel safety and assisting in doing estimates of Tamarac *---- Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name T+i �,,,2< Address u c 06 Ave . City State Zip 1a5 .� Phone/Fax _5 _.............. ....... _h.._q.6...... ............ /....(3 .6).......... !..J... _... ...... . `!.a.. ... _...... __............. .............. ....._...._... .... ....... Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name _._.._.__.._ ._........_ __tee e..._....... A+a ............................ _....... ........ .., See A ++ aC- key( k- See A-4-+5, c Application Statement of Contractor Qualification (Attachments) Monroe County School District 2 Year Angel M. Jeff Barrow - 3 -797-2997 Maintenance Construction and Pareja/Robert 305-797- 997 Agreement Carpentry Rodriguez 241 Trun o 1td. (Not Bonded) Key West, F , 33040 City of Sunrise Mr. Coy Mathis 2 Year Various painting and Utility Complex S perintendent Maintenance interior/exterior Angel M. 954-846- 400 Agreement renovation projects, Pareja/Robert City of S =rise (Not Bonded) including painting and Rodriguez 777 Sawgrass Corporate Parkway waterproofing Sunrise, FL 33325 Miami Dade Community College Mr. Ricardo IV, endigutia Various painting and Facilities Con itructIOTI 2 Year interior/exterior Angel M. 305-237- 681 Maintenance renovation projects, Pareja/Robert Miami Dade Community College Agreement including painting and Rodriguez Facilities management (Not Bonded) waterproofing 11011 Southwest 1041h Street Miami, FL 3 3176 Housing Authority of Broward County (HUD) Ms. Barbar Segal Modernization Coordinator $210,Bon00,000 Various interior and Angel M. 954-739-1114 x3� (Bonded) (Bonded) exterior renovation Pareja/Robert Broward County Ho sing Authority projects Rodriguez 3400 Auburn Blvd. Ft. Lauderdale, FL 33312 University of Miami School of Medicine Mr. Osvaldo Musalarn Various painting and exterior Angel M. Pareja/Robert Project Manager 305-243-6 41 $ 130,000/$140,000 renovation projects, including Rodriguez Facilities Planning an Construction painting and waterproofing P.O. Box 01696 (It-34A) Miami, rL 33101 Tropex Construction Services, Inc. 459 Northwest 251h Avenue, Miami, FL 33186 Tel: (305) 386-8695 Fax: (305) 675-0342 Email: tropexcs(cuaol.conr CGC# 1504111 of Tamarac & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. q Company Name City of Tamarac 0 Purchasing & Contracts Division LIST OF SUBCONTRACTORS /v / A The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid non -responsive and may cause its rejection. Subcontractor % Total Contractor Name/Address Contract License No. Work to Be Performed A I ( wy V� L L✓r' l 1 & Se ( -F i��,Co" W,, od r of Tamarac BID BOND & Contracts Division STATE OF FLORIDA) )SS: COUNTY OF BROWARD) ZROEEx CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS, that we, SERVICES, INC. as Principal, and Hartford Fire Insurance Company _ 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-- Dollars $ 57. lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated August 6, 20 03 fo r: TYPE F CURBING, WOODLANDS AREA Bid No. 03-25B 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. r,rrr I �3rm--Icu-i au uunn:q nnn;?. 92 Tnr Purchasing & Contracts Division of Tamarac ACKNOWLEDGEMENT BIDO Signed and sealed this 6th day of August 20-03-- IN PRESENCE OF: -4 -.r'c !T r o ccn*st uc ion Services, Inc.. Ve. Principal 14342 southwest 98th Terrace Business Address (jkrux SEAL) Miami, Florida 33186 City/State/Zip (305) 386-8695 Business Phone ATTEST: As per attached Power of Attorney Hartford Fire insurance company Secretary Sure ATTEST: By Charles D. Nielson, Attorney -in -Fact and Florida Resident Agent Secretary Title *Impress Corporate Seal ....... ......... Attomey-In-Fact* M nREE i3rd3SUI dH WU80:6 0002 GZ InC of Tamarac, CERTIFIED RESOLUTION Purchasing & Contracts Division (Name), the duly elected Secretary of TY'o ew jName of Corp.), a corporation organized and existing under the laws of the State of 91 o n , 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 A-r1a�i M- AAre. (Name)", the duly elected v i C� P+"e&,�2(eyL+ / Sc'c r',,_ (Title of Officer) of T,,0 e co1j c f4 �t�r Name of Corp.) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE ev,PiC& Given under my hand and the Seal of the said corporation this Co day of 20.Q�. (SEAL) By ary 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. Citv of Tamarac Bond FORM PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of Tamarac, Florida, as Obligee, hereinafter called OWNER, in the amount of Dollars ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 713.01 supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. of 3 City of Tamarac Pavrnent Bond 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this day of , 20 WITNESSES Secretary 0 (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) IN THE PRESENCE OF: Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above INSURANCE COMPANY: By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone Paige 2 of 3 of Tamarac Payment Bond ACKNOWLEDGMENT FORM PAYMENT BOND State of County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: of (Name of Corporate Officer) (Title) ,a (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath CERTIFICATE AS TO PRINCIPAL , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) Page 3 of 3 of Tamarac. Performance Bond FORM PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, CONTRACTOR, and, as Surety, are bound to OWNER, in the amount of: as Principal, hereinafter called the City of Tamarac, Florida, as Obligee, hereinafter called Dollars, ($ ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has entered into a Contract, Bid/Contract/Project No.: awarded the day of , 20 , with OWNER for which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1 6 Fully performs the Contract between the CONTRACTOR and the OWNER dated , 20. for the within calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials, which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions; or Wage 1 of 4 of Tamarac Performance Bond 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statues, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of WITNESSES Secretary (AFFIX SEAL) WITNESSES Secretary (AFFIX SEAL) 20 Principal By Signature and Title Type Name and Title signed above Surety By Signature and Title Type Name and Title signed above Pace 2 of of Tamarac IN THE PRESENCE OF: State of Yt I INSURANCE COMPANY: Performance Bond By Agent and Attorney -in -Fact Address City/State/Zip Code Telephone ACKNOWLEDGMENT FORM PERFORMANCE BOND County of On this the day of 20 , before me, the undersigned Notary Public of the State of Florida, the foregoing instrument was acknowledged by: (Name of Corporate Officer) a of (Title) (Name of Corporation) (State of Corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or []Produced identification: (Type of Identification Produced) ❑ DID take an oath, or❑DID NOT take an oath Face 3 of -1 0 of Tamarac Performance Bond CERTIFICATE AS TO PRINCIPAL 1, , certify that I am the Secretary of the Corporation named as Principal in the foregoing Payment Bond; that s who signed the Bond on behalf of the Principal, was then of said Corporation; that I know his/her signature, and his/her signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said Corporation by authority of its governing body. (AFFIX SEAL) (Name of Corporation) F'3ae 4 of 4 Citv of Tamarac & Contracts Division APPLICATION FOR PAYMENT Contract Title: Contract/Purchase Order No.: Original Contract Value: Contract Change Order Value: Current Contract Value: Cumulative No. Change Orders: Application for Payment is made, as shown below: 1. Original Contract Sum $ 2. Net Change by Change Orders $ 3. Contract Sum to Date $ (line 1 (+) or (-) line 2) 4. Total Completed and Stored to Date $ 5. Retainage a. 10% of Completed Work $ b. 10% of Stored Material $ c. Total Retainage (line 5a + line 5b) $ 6. Total Earned less Retainage (line 4 — line 5c) $ 7. Less Previous Application For Payment $ (subtract line 6 from prior A.F.P.) 8. Current Payment Due $ 9. Balance to Finish, plus Retainage $ (line 3 — line 6) Submitted by: Date: Contractor Approved for Payment: Project Manager Date: Page i� of 1 Appiic,ution for Payment AMk of Tamarac Purchasing & Contracts Division ip FINAL RELEASE OF LIEN BY CONTRACTOR STATE OF FLORIDA: COUNTY OF BROWARD: The undersigned contractor, under a certain contract with the City of Tamarac, dated PROJECT: , 20 , in connection with the following public work: CONTRACT NO. does hereby acknowledge receipt of the full contract price of $ , as modified by change order, addenda, etc., and hereby releases and discharges all liens, lien rights, claims or demands of any kind whatsoever which the undersigned contractor now has or might have against the City of Tamarac arising out of said contract or in connection with the aforesaid public improvement. That all claims, liens or other entitlements for labor, services, materials or supplies furnished, in connection with the aforesaid improvement have been fully paid. That an affidavit on behalf of the contractor, signed by has been furnished to the City of Tamarac, as well as final releases of lien executed by all materialmen and subcontractor regardless of their tier. IN WITNESS WHEREOF, the contractor has caused this release to be executed in its name and under its seal by its proper officers, this day of 20 . Signed, Sealed and Delivered in the Presence of: Corporate Secretary Signature Type Name Contractor President Signature Type Name Page 9 of 2 Final Release of I ien of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT FINAL RELEASE OF LIEN State of Florida County of Broward On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they eXecuted it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 fVele: ise of Lien acknowledgement __ Obligee'slInsured's Name The City of Tamarac Tropex Construction Services, Inc. obligee's/Insured's Mailing Address 7525 N.W. 88th Avenue Tamarac, Florida 33321 14342 S.W. 98th Terrace Miami, Florida 33186 N/A Bond/Policy Number IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS -- TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily -established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorismpremium: 1 $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford POWER OF ATTORNEY THE HARPLAZA HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 ,�j Hartford Fire Insurance Company Twin City Fire Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast [� KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ,�tyTrity�{, � YYu�H ; V't�=•'Np M:lftl� �`c�'�ca��� =��+�a��•n+r*y � +�rr"�� .F Npgr %� �� � cn.i.., :;: s kV 0 7" �• �e �facen+Hr�� _ _ r�ceF.e.are; n`_ i'.aiNcowo�ur�a _�` 3 YY ' �•alatlF :• 1979 t _ fD7q : '� ���z"T_-q�'.' +�'�e.•. f•%a ��-�.t J • } 5��•'`T ww��i:.:,,•"� �►�.;�.` :./'r ,',�.n�,;ir �,j C-� - f��� Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD John P. Hyland, Assistant Vice President On this 191" day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. •of� r+w. �� �ldtc� j�IJY/ �� Jean H. Wozniak CERTIFICATE Notary Public My commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August b, 2003. Signed and sealed at the City of Hartford. ypowq� ,i t r� Ut6�� � �c�c1'3 f.O�c�i•• r�f'.c' your 0"s 'r•r �8xr.- z0 79 `:" .y ..,.t+ iJ 1• •`+,' „'�•'�••;�,: hs••ti".^/• .,ry. y�iJ Colleen Mastroianni, Assistant Vice President No Text W M u � o IL U Ln LL uj t.) 6 ryp d � p�W ��t? Qt7� cLU 0 cr Li'yi V CD ri n1 LL m LU (n m uzr a Z tl' OC= 111 SP, Uisd o 'W o F d- x77 N H p f J cc amp `! 4 w w& uj d U r W a WZ Lu LL { u. ra- m i� u o � 1 � IL c N W X ; w o Ca o Lu rl i1d OIL � a ws sS a J 03 0ZLLati� LA ~ L w Q a ca o C'4 1 U N M u No E �: t�7 L �ti U CC7 UJ a c°a fa CU = a tT U° Q 4 ee q rf y ? 20 p y vi w: 'p D ❑ W �„� c 0 m � a �a rat LU q. rn w rn p° 7 w je Ct a: Q Z Ed tt Z S ri+ Z UU cis H !w w Q 7 yw 10 7 O m } � C u a v; z U)� aqcc a �c Q �� w W0 U a g W a s z rc a iS Z U w 04 m w N a uw uj ° ., z' g Q m a cc m cq oQ r , wra 1 LO ,o 3 �n Z4 P� tom; 38 a ID U) U ;kipq. z tip m o. G� Wo fn HM Ea } 0 CO 014 LLJ O w� fL v] +. U. �, LLI a. PC IW- fA H r u �2;� HH '. N,.,c... U fl [n ► H ao Co U� U� (1 H ( OW 44 rI 14 U (A: H o.[h 14 44 O:W rA [=(-H', m U' C4 o gc o rcU� q ��v UP4 a► 'W Qo cryzaotx �o 10o' CoTI a o ppua a: x -�I v xCQ 4 (d L7'O 14 P hWcvH fx1 p �1 aVH r]C7 . 1d P x fY7 f (NH ak MAY. 20. 2003 4:02PM.jt iKORNREICH NIA INSUR TROPEC N NO. 354 P. 2i2 ORD. CERTIFICATE: OF LIABILITY INSURANCE 1210�02` ' PROOUCEp THIS CER-"FICATE IS ISSUED AS A MATTER OF INFORMATION tCnmretchlNlA of Miami(MLCL) ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICA7F-. HOLDER. THIS CERI'It'ICATE OAFS NOT AMEND, EXTEND OR 14750 Palmetto Frontage Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 120 INSURERS AFFORDING COVERAGE Miami Lakes, FL 3301E Miami INSURER A: Hartford Casualty Insurance Co. UYSURETropvx Contraction Services, INsuRER sm Claredon National Ims. Co. 14342 SW 98 Terr Miami, FL 33186 INSURLR D: INSURER P COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE I MEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEd. NOTWITHSTANDING ANY REQUIREMENT, T?dFIM OR CONPMON OF ANN CONTRACT OR OTHER DOCUMENT WITH ASPECT TO WHICH THIS CERTIFICATE MAY RE ISSUED nR MAY PEATAIN, THE INSURANCE APiFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS EXCLUSIONS AND CONDITIONS nF SUCH PQUCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEE J REDUCED BY PAID CLAIMS. A n N TYPE OF INSURANCE POLE ay NUMBER P LI DA B LTR E G/YY N LIMITS 1,000,000 A GENeRAL UAaILmr 215BABI2331 DV 01/21/03 01121/04 BACH OOOURRENCE 1 j( comm ERCIALGENERALLIABILr- EMPLOYMEVT PRACTICE LIABILITY RRfiDAMAGE(Anvonafim1 $300 000 CLAIMS MADE ❑X owuF1 6,00016,000 1'ER CLAIM/ AGGREGATE MEP EXP (Arty — pernan) $10 000 PPRSONAL 3 ADV INJURY S1.000.000 0EN-L AGGREGATE LIMITAMIES PER: r G LOC IABILITY D AUTOS ED AUT08 TOS EDµfIt)S GARAGE LIABILITY I ANY AUTO 21 UECUT99 )SDV LIMITS $50(,000 LIMITS $50(,000 A ExGEssuARLTrYI 21SRAg123:11 � � gomn Mg MADE 01/21/03 01/21/04 PER ACCD PER ACCD I 01121/03 01/21/04 DEDUCTIBLE RETENTIPN 6 13 WORKCRSOGMPENSAIION AND 770007270c 1o1 12/03102 12/0=3 EM PLOYi iW UASILITY OTHER OESCRIPnON Or OPE'RAT NLOCLOCA 49NE)�1E)ACLEsrF.� CLLLK 0145 ADtI¢D 9Y ENDORSEMENTISPEOIAL PROV1910NO No. of Days; 30 CERTIFICATE HOLDER NAAED AS AN ADDITI0NA1_ INSURED FOR THE GENERAL LIABILITY POLICY ONLY pAX,3115-675.0342 City Of Tamarac Purchasing Department 7525 NW 88 Ave. Tamarac, F1. 33321 ACORD 2" (7" 1 of 2 #5129649I M10$820 GENERAL AGGREGATE PRODUCTS •COMP/OPA( COMBINED SINGLE LIMIT 15500,000 MAeccld66t) SWILY INJURY s (Perparsvn) BODILY INJURY S (Per ncclaenq FROPERTrOAMAGE S (Per wcidenl) AUTO ONLY • EA ACCIDENT OTHER THAN EA ACC S S AUTOONLY: AGG EACH OCCURRENCE 0,000,001) f s E,L- EACH ACCIDTeNT 9500 000 E.L.CISEASE-EA EMPLOYEE S500,000 E.L. DISEASE • POCICY LIMIT I s500,000 SHOULD ANY OF TH E AB DV% D E$CRIBEO POLICIES B E CANCELLED BEFORE TH E EI(PIRATION DATE THERrOF, THE ISSUING INSURPR WILL ENDEAVOR TOMAIL3.0 DAYS WRITTEN NOTICETOTHE OEHIIFICATE HOLO8RNAM0DTOTHELEFr, BUTFAILURE Ta DOSOSHALL IMPOSE NO OBLICAYION OR LIABILITYOF ANYKIND UPON THE INSVRER,1T9 AGENTS OR m REPRESENTATIVE -w LMIM p ACORD COW10RATION 1980