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City of Tamarac Resolution R-2003-079
March 19, 2003 Temp. Reso. #10089 Page 1 of 1 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CERTAIN STREETS FOR MEDIAN BEAUTIFICATION UNDER PHASE IV-B OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM; AWARDING BID NO. 02-28B TO VILA AND SON LANDSCAPING CORPORATION; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH VILA & SON LANDSCAPING CORPORATION; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $3,424,626.61, WHICH REPRESENTS A CONTRACT AWARD OF $3,113,296.92 AND A PROJECT CONTINGENCY OF $311,329.69; AUTHORIZING THE CITY TO MAKE NECESSARY ADDITIONS, DELETIONS, OR REVISIONS TO THE PHASE IV-B WORKPLAN PURSUANT TO SECTION 6-156 OF THE CODE OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING BUDGETARY TRANSFERS AS NECESSARY FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved the Seven Year Comprehensive Street Improvement Program through the approval of Resolution No. R98-227; and WHEREAS, Phase I through III, encompassing approximately 101 miles of City streets have been completed; and WHEREAS, Phase IV -A is in progress and includes the rehabilitation of approximately 23 miles of roadway; and WHEREAS, Phase IV-B consists of the median beautification of approximately 18 miles of median as part of this program, a copy of which is attached hereto as Exhibit 1; and March 19, 2003 Temp. Reso. #10089 Page 2 of 2 WHEREAS, the City of Tamarac publicly advertised Bid No. 02-28B for median beautification under Phase IV-B in the Sun -Sentinel on November 3rd, 10" and 17t", 2002, hereto attached as Exhibit 2; and WHEREAS, on January 15, 2003, the following three (3) bids were opened and reviewed to determine cost and responsiveness to the City's specifications: ; and Bidder Cost $ Vila & Son Landscaping Corp. $ 3,113,296.92 MBR Construction, Inc. $ 4,205,574.33 APAC-Florida, Inc. $ 5,274,096.95 WHEREAS, based on the bid results, it was determined that Vila & Son Landscaping Corporation submitted the lowest responsive and responsible bid proposal, attached hereto as Exhibit 3; and WHEREAS, it is recommended that expenditures in an amount not to exceed $3,424,626.61 be authorized based on Vila & Son Landscaping Corporation's submitted bid price of $3,113,296.92 and a construction contingency of $311,329.69 to account for fluctuations in material prices, variance in quantities and unforeseen field conditions; and WHEREAS, available funds exist in the Street Improvement Program budgetforsaid purpose; and WHEREAS, Vila & Son Landscaping Corporation, as the lowest responsible bidder, has re -reviewed the project scope of work and agrees the price submitted was as intended, as evidenced in Exhibit 4; and 1 March 19, 2003 Temp. Reso. #10089 Page 3 of 3 WHEREAS, Glatting, Jackson, Kersher, Anglin, Lopez and Rinehart, Inc., as the provider of landscape architectural and engineering services for Phase IV-B, has reviewed the submitted bids, and agrees to the award of contract to Vila & Son Landscaping Corporation, as evidenced in Exhibit 5; and WHEREAS, it is the recommendation of the Public Works Department and the Purchasing and Contracts Division that the City award the Bid No. 02-28B and to execute an agreement with Vila & Son Landscaping Corporation for median beautification in the amount of $3,113,296.92 for Median Beautification under Phase IV-B of the Seven Year Comprehensive Street Improvement Program; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award Bid No. 02-28B and to execute an agreement with Vila & Son Landscaping Corporation in an amount not to exceed $3,113,296.92 for Median Beautification under Phase IV-B of the Seven Year Comprehensive Street Improvement Program. 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 list of streets, identified as the Phase IV-B Median Beautification Work Plan, and attached as Exhibit 1 is HEREBY APPROVED. SECTION 3: The appropriate City Officials are hereby authorized to award Bid No. 02-28B to Vila & Son Landscaping Corporation for median beautification included in Phase IV-B of the Seven Year Comprehensive Street Improvement Program, and to March 19, 2003 Temp. Reso. #10089 Page 4 of 4 close the bid award including but not limited to making final payment and releasing bonds when work has been satisfactorily completed within the terms and conditions of the contract. SECTION 4: The appropriate City Officials are HEREBY AUTHORIZED to execute an agreement with Vila & Son Landscaping Corporation awarding a contract for median beautification under the Phase IV-B Work Plan, a copy of said agreement hereto attached as Exhibit 6. SECTION 5: A total expenditure in an amount not to exceed $3,424,626.61 is HEREBY AUTHORIZED, which represents a contract award of $3,113,296.92 to Vila & Son Landscaping Corporation and a project contingency of $311,329.69. SECTION 6: The City is hereby authorized to make necessary additions, deletions or revisions to the Phase IV-B work plan, pursuant to Section 6-156 of the Code of the City of Tamarac, Florida. SECTION 7: Budget transfers which may be required for proper accounting purposes and financial control are HEREBY AUTHORIZED. SECTION 8: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. 1 March 19, 2003 Temp. Reso. #10089 Page 5 of 5 11 1 11 SECTION 10: its passage and adoption. This Resolution shall become effective immediately upon PASSED, ADOPTED AND APPROVED this 9t" day of April, 2003. ATTEST: 7 J MARION SWENSON, C C CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION,as to form. MITCNELL S. CITY A' J E SCHREIBER AYOR RECORD OF COMMISSION VO1 MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-T DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS Page 1 of 2 Exhibit 1 Temp. Reso. #10089 Road Resurfacing Program Phase IVB Work Plan GROUP STREET FROM STREET TO -STREET 1 NW 47 TE ISLAND CLUB DR COMMERCIAL BV 1 NW 47 TE COMMERCIAL BV NW 49 CT 1 NW 50 ST NW 47 TE NW 48 WY 1 ISOUTHGATE BV UNIVERSITY DR CITY LIMIT 1 ISOUTHGATE BV PINE ISLAND RD UNIVERSITY DR 1 ISOLITHGATE BV NOB HILL RD PINE ISLAND RD 2 NW 108 TE MCNAB RD NW 80 ST 2 NW 80 ST NW 108 TE NOB HILL RD 2 NW 81 ST NOB HILL RD PINE ISLAND RD 3 NW 81 ST PINE ISLAND RD NW 82 ST 3 NW 80 AV MCNAB RD NW 82 ST 3 LAGOS DE CAMPO NW 88 AV NCNAB RD 4 NW 77 ST NOB HILL RD PINE ISLAND RD 4 NW 75 ST NW 88 AV NW 80 AV 4 NW 70 ST NW 88 AV NW 80 AV 4 NW 84 AV MCNAB RD NW 70 ST 5 MCNAB RD CAPTIVA DR WEST END 5 MCNAB RD NW 104 AV NW 108 AV 5 MCNAB RD NOB HILL RD NW 104 AV 5 MCNAB RD NW 108 AV CAPTIVA DR 5 MCNAB RD NOB HILL RD NW 89 AV 5 JNW 94 AV COMMERCIAL BV NW 60 ST 5 INW84TE JNW 57 ST LAGOS DE CAMPOS 6 NW 64 AV COMMERCIAL BV BAILEY RD 6 WOODLANDS BV COMMERCIAL BV BAILEY RD 6 SABAL PALM BV E ROCK ISLAND RD BAILEY RD 6 NW 57 ST NW 64 AV EAST END 6 INW 57 ST UNIVERSITY DR NW 64 AV 6 JNW 57 ST PINE ISLAND RD UNIVERSITY DR 6 JNW 57 ST NW 94 AV PINE ISLAND RD Note: The City reserves the right to add, delete or modify any item in the schedule. 3119103 Page 1 of 1 Median Beautification Work Plan Page 2 of 2 Exhibit 1 Temp. Reso. #10089 Rram Phasication .hnd �adways 1 Phase IVB Wicts 2 3 4 wmww-wl*�-o 0 II, -Wmlw, 4� i;L 1 �' u P Ll 0 II p 0 Ll No Text Exhibit 2 ). #10089 INVITATION TO BID bf r 11 .. - BID NO. 02-28B M TAMARAC STREET IMPROVEMENTS --- PHASE IV-B MEDIAN BEAUTIFICATION PREPARED BY: GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART INC. 222 Clematis Street Suite 200 West Palm Beach, Florida 33401 561-659-6552 City of Tamarac Purchasing Division 7525 NW 881" Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 Exhibit 2 Temp. Reso. #10089 TABLE OF CONTENTS Invitationto Bid......................................................................................................4 Instructionsto Bidders...........................................................................................6 Descriptionof Work...............................................................................................6 General Terms and Conditions.............................................................................6 1. Submission of the Bid...........................................................................6 2. Bonding.................................................................................................7 3. Withdrawal of Bid..................................................................................7 4. Public Entity Crimes Form.....................................................................7 5. Non -Collusive Affidavit..........................................................................7 6. Quantities..............................................................................................7 7. Prices, Payments and Discounts...........................................................8 8. Delivery.................................................................................................8 9. Brand Names........................................................................................8 10. Samples and Demonstrations...............................................................8 11. Conditions of Material...........................................................................8 12. Copyrights and Patent Rights................................................................9 13. Safety Standards...................................................................................9 14. Performance..........................................................................................9 15. Default...................................................................................................9 16. Termination for Convenience of the City...............................................9 17. Assignment.........................................................................................10 18. Employees..........................................................................................10 19. Taxes..................................................................................................10 20. Bid Preparation Expense.....................................................................10 21. Site Inspection.....................................................................................10 22. Omission of Details.............................................................................11 23. Insurance Requirements.....................................................................11 24. Indemnification....................................................................................12 25. Clarification of Terms and Conditions.................................................12 26. Bid Tabulation.....................................................................................12 27. Records/Audits....................................................................................12 SpecialConditions...............................................................................................13 1. Assignment of Contract.......................................................................13 2. Contractor's Responsibility..................................................................13 3. Damage to Public and/or Private Property..........................................14 4. Permits and Licenses..........................................................................14 5. Site Inspection -- Contractor................................................................14 6. Site Inspection - City..........................................................................14 7. Submittals...........................................................................................15 8. Waiver of Liens...................................................................................15 9. Payments............................................................................................15 10. Contract Documents...........................................................................15 11. Change Orders....................................................................................15 City of Tamarac Exhibit 2 Temp. Reso. #10089 Purchasing Division �� - -- Changes in the Work/Contract Price 12. Contract Price.....................................................................................16 Changes in Contract Time 13. Change Order.....................................................................................16 14. City's Option........................................................................................17 15. Liquidated Damages...........................................................................17 16. Bonds..................................................................................................18 17. Performance, Payment and Warranty Bonds......................................18 18. Location of Existing Utilities.................................................................19 19. Conflict with Existing Utilities...............................................................19 20. Contingency Allowance.......................................................................20 SpecialProvisions ...............................................................................................20 1. Purpose of Bid.....................................................................................20 2. Basic Definitions..................................................................................20 3. Enumeration of Contract Documents..................................................22 4. Intent...................................................................................................22 5. Supplements, Minor Variations or Deviations......................................23 6. Contract Period...................................................................................23 7. Contractor's Responsibility................................................. 8. ........... ......23 Familiarity with the Total Scope of the Project and the Streets ...........26 9. Shop Drawings and Samples..............................................................26 10. Subcontractors, Suppliers and Others................................................27 11. City's Responsibilities.........................................................................27 12. Engineer/Project Manager's Responsibilities......................................28 13. Availability of Area to Store Equipment and Material ..........................29 14. Cleanup and Restoration ................................................ 15. .................. ...29 Damage to Public and/or Private Property..........................................30 16. Connection to City Water....................................................................30 17. Conflicts with FDOT and Other Specifications....................................30 18. Basis of Payment, Unit Prices, and Right to Change Quantities .........31 19. Acceptance of Work.................................................................... ........31 20. Tests and Inspections.........................................................................31 21. Correction or Removal of Defective Work...........................................31 22. Progress Payments.............................................................................32 23. Change Quantities/Change Orders.....................................................34 24. Regulatory Changes...........................................................................35 25. Substantial Completion.......................................................................35 26. Final Inspection........................................................... .....35 ................... 27. Final Application for Payment..............................................................35 28. Final Payment and Acceptance...........................................................36 29. City's Right to Withhold Payment ............................ .......37 ..................... 30. Warranties......................................................... 31. Correction Period .......................................... ...........38 ........................... 32. Contract Time......................................................................................38 33. Construction Schedule........................................................................40 34. Protection of Persons and Property ...................................... ..............41 35. Traffic Control and Working Hours .......................... ................42 2 of Tamarac Exhibit L Temp. Reso. #10089 Purchasina Division 36. Hurricane and Severe Weather Precautions.......................................42 37. Work by the City or City's Contractors................................................42 Bid Coversheet Checklist....................................................................................43 BidForm.........................................................................................................1 of 4 Schedule of Bid Prices.................................................................................1 of 14 Non -Collusive Affidavit...................................................................................1 of 2 Certification....................................................................................................1 of 1 Offeror's Qualification Statement...................................................................1 of 5 References.....................................................................................................1 of 1 Vendor Drug -Free Workplace........................................................................1 of 1 List of Subcontractors.....................................................................................1 of 1 BidBond.........................................................................................................1 of 2 Certified Resolution........................................................................................1 of 1 FormPayment Bond......................................................................................1 of 3 Form Performance Bond................................................................................1 of 4 Applicationfor Payment.................................................................................1 of 1 ChangeOrder................................................................................................1 of 1 Final Release of Lien by Contractor...............................................................1 of 2 Standard Form of Agreement.........................................................................1 of 7 WorkPlan Table....................................................................................................1 Technical Specifications Division 1 Not Used Division 2 Section 02230 Section 02935 Section 02784 Section 02810 Section 02905 Section 02924 Section 02930 Division 3 Not Used Division 4 Not Used Division 5 Not Used Division 6 Not Used Division 7 Not Used Division 8 Not Used Division 9 Not Used Division 10 Not Used Division 11 Not Used Division 12 Not Used Division 13 Not Used Division 14 Not Used Division 15 Not Used Division 16 Section 16050 Section 16200 Clearing and Grubbing Tree Protection and Trimming Precast Concrete Pavers Irrigation Tree Relocation Solid Sodding Trees, Shrubs, and Groundcover General Electrical Provisions Electrical Directional Bore 3 Purchasing Division City of Tamarac "Committed to Excellence... Always" INVITATION TO BID BID NO. 02-28B Exhibit l Temp. Reso. #10089 Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 p.m. on Wednesday, December 18, 2002, at which time bids will be publicly opened and announced for: TAMARAC STREET IMPROVEMENT PROGRAM PHASE IVB - MEDIAN BEAUTIFICATION 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. One (1) original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Tamarac Street Improvement Program Phase IVB- Median Beautification to open on Wednesday, December 18, 2002 at 2:00 p.m." on the outside of the envelope. Bid Security: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount 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. A Mandatory Pre -Bid Conference will be held on Wednesday, November 13, 2002 at 10:00 a.m. at Tamarac City Hall, Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida. All parties interested in bidding on this project must attend this meeting. Late arrivals after the start of the meeting will not be allowed to attend the meeting. The work to be performed consists of the Contractor furnishing all labor, materials, tools, and equipment necessary as indicated in the specifications herein and generally includes the construction of median beautification related to the City of Tamarac Street Improvement Program Phase IV-B and including landscaping, irrigation, brick pavers, and electrical work. 7525 NW 88th Avenue IN Tamarac, Florida 33321-2401 E (954) 724-2450 Is Fax (954) 724-2408 m www.tamorac.org Equal Opportunity Employer Exhibit 2 Temp. R6sb. # 10089 Page 2 Invitation to Bid Bid No. 02-28B 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 upon a non-refundable payment of $200.00 per set. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450; and for technical issues, fax questions to Glatting Jackson Kersher Anglin Lopez Reinart, Inc. at (561) 833-1790. Include the Project Name and Bid Number on the top of all correspondences. James S. Nicotra, CPPB Senior Procurement Specialist Publish Sun Sentinel: November 3rd November 10th November 17th 5 of Tamarac Exhibit 2 INSTRUCTIONS TO BIDDERS BID NO. 02-28B 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. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for the construction of median beautification related to the Tamarac Street Improvement Program Phase IV-B, which includes landscaping, irrigation, brick pavers, and electrical work. The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed Contractor and crew with at least Five (5) years of verifiable full-time experience with a minimum of two (2) projects of similar nature or dollar cost. The Contractor is to hire, engage, or have on staff a Certified Arborist who has successfully completed tree and shrub protection and trimming projects who has five (5) years or more experience doing similar projects. 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, on Wednesday, December 18, 2002 at 2:00 p.m. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening 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 packet. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation. If requests for clarifications are not submitted in writing to the Consultant within ten (10) working days prior to bid opening, it shall be 2 of Tamarac hXnlblt L Temp. Reso. #10089 Purchasing Division construed that the Bidder fully understands and does comply with all terms, conditions and specifications identified in this bid. The Bidder shall submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety 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. The Bonding must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 3. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 4. PUBLIC ENTITY CRIMES FORM A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 5. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit and shall submit the form with the Proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 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 Exhibit 2 Temp. Reso. #10089 of Tamarac wy. Purchasing Division 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. 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. Installation shall be completed within 365 calendar days from the Notice to Proceed date. 9. BRAND NAMES Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. Approved equal is added to the specifications to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit brochures, specifications and/or samples to the Consultant within ten (10) days of bid opening. The City shall be the sole judge of equality. 10. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from Citv of Tamarac Exhibit 2 Temp. Reso. #10089 Purchasing Division defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 12. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 13. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. In compliance with Chapter 442, Florida Statutes, any toxic substance delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet should also be submitted to the City of Tamarac Risk Management Division, 7525 NW 88t" 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 C. of Tamarac Exhibit 2 Temp. Reso. #10089 Purchasing Division extent indicated on the notice of termination, terminate all outstanding sub - Contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the City against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or 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. 10 of Tamarac Extubit L Temp. Reso. #10089 Purchasing Division 22. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 23. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage that the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aggregate Commercial General Liability $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-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 11 of Tamarac hxnlbit L Temp. Reso. #10089 Purchasing Division notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 24. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 25. CLARIFICATION TO TERMS AND CONDITIONS Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, requests for clarification or solicitation for additional information should be submitted in writing to the Consultant within ten (10) days prior to bid opening. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26. BID TABULATION Bidders who wish to receive a mailed copy of the bid tabulation should enclose a stamped, self-addressed envelope with their bid, or request a faxed copy by including a fax number. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 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 12 of Tamarac Exhibit 1 Temp. Reso. #10089 Purchasing Division agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified foreman present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict vehicular and pedestrian traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. 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. 13 of Tamarac hxhibit " Temp. Reso. # 10089 Purchasing Division 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Engineering and Building permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. 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 Landscape Architectural 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 — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing 14 r1X111U16 [. Temp. Reso. #10089 Purchasing Division of Tamarac site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Award. 8. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 9. PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 10. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 11. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 15 of Tamarac tSMD11 G Temp. Reso. 410089 Purchasing Division CHANGES IN THE WORKICONTRACT PRICE 12. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 12.1 Change Order The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. CHANGES IN CONTRACT TIME 13. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 13.1 Notice Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party at least fifteen (15) days prior to the substantial completion date of the project. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.2 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or 16 of Tamarac r,XILIUIL G Temp. Reso. #10089 Purchasing Division contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 15. 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 $250.00 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, 17 of Tamarac hxmnii Temp. Reso. #10089 Purchasing Division this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages. 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one year warranty period will begin. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid amount. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18 of Tamarac Exhibit 2 Temp. Reso. #10089 Purchasing Division 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing work including overhead utilities and underground cables and pipes. Excavation of paver area within five feet (5) of utilities shall be performed by hand. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800- 432-4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. Should any underground obstructions be encountered which interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work, and shall be responsible for any disruption of service caused by this damage. The City's designated Contractor shall accomplish patching and replacing damaged work and the CONTRACTOR will pay the cost of this work. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake 19 City of Tamarac hXn1D11 L Temp. Reso. # 10089 Purchasina Division accurate surveys to determine elevations of utilities and shall notify the landscape architect in writing seven (7) working days prior to the scheduled construction. The landscape architect may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 20. CONTINGENCY ALLOWANCE SPECIAL. PROVISIONS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish a Unit Price Contract for landscaping, irrigation, brick paver, and electrical work by the Contractor, as per the conditions and specifications contained in this document. The City of Tamarac is undertaking a Seven -Year Comprehensive Street Improvement Program. Under this program various city streets will be modified requiring landscape and irrigation improvements. The Program Started in 1998 and shall continue until 2005. Quantities in this contract include Phase IV-B, which shall consist of approximately 18 miles of road as shown in Table 2. Phase IV-B shall be completed within 12 months from the Notice to Proceed. No warranty is given or implied as to the exact quantities that will be used in addition to those of Phase IV-B. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the City and the Contractor covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — the form acceptable to the Engineer/Project Manager which is used by the Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by the Contractor and the City and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City — The City of Tamarac, Florida. 2.6 Contract Documents — The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid #02-28B, all addenda issued prior to, all modifications issued 20 of Tamarac Exhibit 2 Reso. #10089 ing Division after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2.7 Contract Times --- the number of days or dates stated in the Contract Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by the Engineer's/Project Managers written recommendation of final payment. 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by the Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Times. 2.13 FDOT — the State of Florida Department of Transportation 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. 2.16 Project — the total construction for which the Contractor is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 2.17 Specifications — Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and Workmanship as applied to the Work and certain administrative details applicable thereto. 2.18 Subcontractor — An individual, firm or corporation having a direct Contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the City's acceptance of the job. 2.20 Supplier — A manufacturer, fabricator, supplier, distributor, materialman or vendor. 2.21 Unit Price Work Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or of Tamarac EX11WIL G Temp. Reso. #10089 Purchasinq Division incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive -- A written directive to the Contractor issued on or after the effective date of the Agreement and signed by the City and recommended by the Engineer/Project Manager ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment -- A written amendment of the Contract Documents, signed by the CITY and the Contractor on or after the Effective Date of the Agreement and normally dealing with the non -Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: (1) The Special Provisions (2) The Technical Specifications (3) The Instructions to Bidders and General Terms and Conditions (4) The Agreement As between schedules and information given on Drawings, the schedules shall govern; as between figures given on Drawings and the scale measurements, the figures shall govern; as between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 4. INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. WA of Tamarac txninn z Temp. Reso. #10089 Purchasing division 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 5.1 The Engineer/Project Manager's approval of a shop drawing or sample; or 5.2 The Engineer/Project Manager's written interpretation or clarification. 6 CONTRACT PERIOD 6.1 The City reserves the right to renew the Contract for additional terms based on the successful Bidder agreeing to the same terms and conditions and by giving written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the Contract amount. Contract renewal will be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. 7 CONTRACTOR'S ADDITIONAL RESPONSIBILITY 7.1 The Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 7.2 The Contractor shall provide a qualified, English speaking, superintendent present on the site at all times. The superintendent shall be a fully authorized agent of the Contractor, and have full authority to make on -site decisions and commitments regarding the Contractors Work. 7.3 The superintendent shall be satisfactory to the City and shall not be changed except with consent of the Engineer/Project Manager. 7.4 The Contractor shall assign to the work site at least one (1) supervisor at all times who shall be a certified arborist or hold a Broward County Tree Trimming B License and capable of making field decisions, interpreting plans, etc. The Contractor shall also provide suitable personnel who shall be available after work hour emergencies and capable of making appropriate decisions. 7.5 The Contractor shall supply competent and physically capable employees having the requisite skill and experience to perform the work in a workmanlike manner. The City may require the Contractor to remove any employee working for or under the Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. The Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under the Contractor. 7.6 The Contractor shall be aware that the job is subject to vehicular and pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with 23 of Tamarac J-i A111."IL - Temp. Reso. # 10089 Purchasing Division and prior approval obtained from applicable representative of the City of Tamarac in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. The Contractor, who is fully and totally responsible for security, shall secure any materials or equipment left on site. 7.7 Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 7.8 The Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. The Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 7.9 Before beginning the Work or undertaking each component part of the Work, The Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. The Contractor shall promptly report in writing to the Engineer/Project Manager and the City any conflict, error or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer/Project Manager before proceeding with any Work affected thereby. 7.10 The Contractor shall assist the City and the Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 7.12 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 7.13 The Contractor shall keep the City and the Engineer/Project Manager informed of the progress and quality of the Work. 7.14 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 7.15 The Contractor shall correct all Work, which does not conform to the Contract Documents. 24 Temp. Reso. #10089 ✓ of Tamarac Purchasing Division 7.16 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 7.17 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist the City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.18 Without limiting the foregoing, the Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for so much of said fees as the City is required to remit to other governmental agencies. 7.19 The Contractor shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 7.20 The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of contract with the Contractor to perform any portion of the Work, including their agents and employees. 7.21 The Contractor shall prepare Change Orders for the City's approval and execution in accordance with the Contract Documents. Any work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such work. All Work Directives must be approved by the City Manager or designee identified as such in writing. 7.22 The Contractor shall maintain in good order when present at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shall be delivered to the City upon completion of the construction and prior to final payment. 7.23 Contractor must repair any pavement, concrete, brick pavers, etc., disturbed as a result of any work within the scope of this contract to all applicable codes and City standards. 7.24 Any coring of existing structures, including seawalls, required for installation of any items within the scope of this contract are the responsibility of the Contractor. 7.25 The Contractor is responsible for dewatering jacking and receiving pits and for dewatering the path of proposed irrigation crossings. Where the ground water level is above the invert of the proposed crossing, dewatering is necessary to reduce the water level to below invert of the proposed crossing, PR of Tamarac r,X111U11 Z. Temp. Reso. # 10089 Purchasina Division and must be designed, installed and in operation prior to beginning the crossing. 8 FAMILIARITY WITH THE TOTAL SCOPE OF THE PROJECT AND THE STREETS 8.1 The Contractor shall be familiar with the total scope of the project, interpretation of the plans/drawings, if any, and the streets prior to commencement of any work. The City will not provide any elevations for reference. The Contractor shall be responsible for all layouts including establishing proper grades to maintain or improve the existing stormwater flow. In case of any questions or conflict, they must be brought to the attention of the Engineer/Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for the Contractor's failure to comply with this requirement. 8.2 The. Contractor shall be responsible for locating all utilities that may interfere with this part of the resurfacing program. The Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during the Work. 8.3 By execution of the Agreement, The Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 9 SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, The Contractor shall submit to The Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of - manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Engineer/Project Manager to review the information as required. 9.2 The Contractor shall also submit to the Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 9.3 Before submission of each Shop Drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 9.4 At the time of each submission, the Contractor shall give the Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall 26 10 11 T of Tamarac Exhibit 2 Reso. #10089 sing Division cause a specific notation to be made on each Shop Drawing submitted to the Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve the Contractor from his responsibility to comply with the Contract Documents. 9.5 Approval of the Shop Drawings by the Engineer/Project Manager shall be general and shall not relieve the Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the Engineer/Project Manager has approved the drawings. The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. SUBCONTRACTORS, SUPPLIERS AND OTHERS 10.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Contractor shall not change a Subcontractor, person or entity previously selected if the City makes reasonable objection to such change. 10.2 The Contractor shall be fully responsible to the City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers and of persons whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect contract with the Contractor. Nothing in the Contract Documents shall create any Contractual relationship between the City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. CITY'S RESPONSIBILITIES 11.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 11.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and the Contractor agree in writing prior to execution of this Agreement. 11.3 The City shall cooperate with the Contractor in securing building and other permits, licenses and inspections. 11.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 27 of Tamarac Exhibit 2 Temp. Reso. 410089 Purchasing Division 11.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 11.6 The City shall communicate with subcontractors only through the Contractor. 11.7 The City shall furnish data required of the City under the Contract Documents promptly. 11.8 Except for permits and fees that are the responsibility of the Contractor, the City shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 If the Work is defective, or the Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. 12 ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 12.1 The Engineer/Project Manager or his designee will be the City's representative during the construction period and until final payment is due. 12.2 The Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for the City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, the Engineer/Project Manager shall keep the City informed of the progress of the Work and shall endeavor to guard the City against defects and deficiencies in the Work. 12.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should the Contractor fail to request interpretation of items the Contractor determines to be questionable in the Contract Documents neither the City nor the Engineer/Project Manager would thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 12.4 The Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on the City, and also on the Contractor who shall perform the Work involved promptly. M of Tamarac Exhibit 2 Reso. #10089 sing Division 12.5 The Engineer/Project Manager will have the authority to disapprove or reject Work that the Engineer/Project Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 13 AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL 13.1 Although the City will make every effort to provide suitable areas, including public right-of-way, to store equipment and material it shall be the Contractor's responsibility to find and secure suitable and safe locations for this purpose. Restoration of all storage areas shall be Contractor's responsibility. 14 CLEANUP AND RESTORATION 14.1 During and after completion of all work each day, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of dust and loose material. Leftover or excessive material, debris, etc. must be completely removed from the work area and other affected areas at no expense to the City at the end of each workday. It shall be the Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at the Contractor's expense. 14.2 Cleanup shall be performed on a daily basis in order to facilitate the maintenance of all work areas. Any damage to public or private property resulting from improper or incomplete cleanup shall be the sole responsibility of the Contractor as per the Section on DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 14.3 The Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 14.4 The project site and all adjacent areas shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 14.5 If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the Contractor on written notice to perform required clean up. Contractor shall perform required clean up within twenty-four (24) hours of receipt of the City's written notice. 14.6 In the event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 29 City of Tamarac L.XL11U1L G Temp. Reso. # 10089 Purchasing Division 15 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY 15.1 Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. 15.2 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 15.3 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 15.4 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724- 2410 and inform the appropriate staff member about the location and extent of the damages. 15.5 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, the City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 16 CONNECTION TO CITY WATER 16.1 The contractor must have secured all applicable permits prior to the connection of any irrigation system to City Water. The contractor must also comply with all City of Tamarac Utility Department and Building Department requirements, and contact these departments at least 48 hours prior to inspection of work. 17 CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 17.1 Unless noted otherwise, Specifications and Special Provisions contained in this Contract shall supersede any other specifications or provisions of FDOT or any other agency noted in the Contract Documents. In case of conflicts, the most stringent provisions shall prevail. 17.2 The Contractor shall immediately bring to the attention of the Engineer/Project Manager any conflicts, discrepancies or ambiguities between the Specifications and Special Provisions listed in the Contract Documents. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. 19M r,xntorE z Temp. Reso. #10089 City of Tamarac Purchasing Division 18 BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES 18.1 Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items, and shall be based upon the actual quantities placed. 18.2 Quantities, as identified in the Schedule of Quantities and Price section, are for estimate and bidding purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. 18.3 The City reserves the right to add or delete any item and adjust the contract quantities based upon the contract unit price which best serves the interest of the City. No other adjustment shall be allowed unless approved in advance by the City. 19 ACCEPTANCE OF WORK 19.1 Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the Work after the materials have established, been placed or found to be in good operating order. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any adjusted area that is found to be of an unsatisfactory condition shall be rejected and shall be removed and restored by the Contractor at no expense to the City. 20 TESTS AND INSPECTIONS 20.1 The Contractor shall give the City timely notice of readiness of the Work for all required inspections, tests or approvals. The Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the City the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 20.2 The City inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 20.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 21 CORRECTION OR REMOVAL OF DEFECTIVE WORK 21.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and all work found to be defective in the one-year period from the date of Substantial Completion (the Warranty Period) shall be the responsibility of the Contractor, or within such longer period provided by any applicable special warranty in the Contract Documents. 31 of Tamarac Exhibit 2 Reso. #10089 Ong Division 21.2 The City shall provide the Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 21.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop the Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 21.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following receipt of the second notice, the Contractor fails to correct such default or neglect with diligence and promptness, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 22 PROGRESS PAYMENTS 22.1 The Contractor shall deliver to the City itemized Applications for Payment for Payment. The Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro -rats shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 22.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 22.3 The City shall retain Ten percent (10%) of all monies earned by the Contractor until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 22.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the 32 of Tamarac Temp. Reso. #10089 Purchasina Division Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 22.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -Subcontractors in similar manner. 22.6 The City shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the Contractor except as may otherwise be required by law. 22.7 No progress payment or partial or entire use or occupancy of the Project by the City shall constitute an acceptance of Work not in accordance with the Contract Documents. 22.8 The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. 22.9 The Contractor may apply for the return of the retainage held pursuant to Section 22.3, if the Contractor has satisfied the requirements of the Contract relating to retainage. The City shall pay the Contractor the amount retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both. Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all issues regarding liquidated damage. The release of retainage shall not become due until all Work is 100% completed. The requirements of retainage include the following: 22.9.1 Repair and/or replacement of faulty or defective Work. 22.9.2 As -built drawings are submitted to and accepted by the City. 22.9.3 All Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the City. 22.9.4 The City is satisfied all payrolls, bills for materials and equipment and other indebtedness connected with the Work for which the City might in any way be responsible have been paid or otherwise satisfied to the extent and in such form as may be designated by the City. 22.9.5 Release of Lien is submitted and accepted by the City. 22.9.6 The Contractor's completion of Punch List. 22.9.7 Warranties are submitted to and accepted by the City. 33 of Tamarac hx111011 L Temp. Reso. # 10089 Purchasing Division 23 CHANGE QUANTITIES/CHANGE ORDERS 23.1 The City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. A Written Amendment, Change Order or Work Change Directive shall authorize such additions, deletions or revisions. 23.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to the City or which extend the time for completion, must be formally authorized and approved by the Tamarac City Commission prior to their issuance and before Work may begin. 23.3 No claim against the City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 23.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 23.5 The Engineer/Project Manager on forms provided by the City shall prepare Proposed Change Orders. When submitted for approval, they shall carry the signature of the Public Works Director, the City Manager, and the Contractor. 23.6 If the City and the Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefore. 23.7 The Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 23.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be the Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 23.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to the Engineer/Project Manager not later than three (3) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 23.10 The cost or credit to the City from a change in the Work shall be determined by one or more of the following ways: 23.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 23.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 34 City of Tamarac LiA111V1L & Temp. Reso. # 10089 Purchasina Division 23.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 24 REGULATORY CHANGES 24.1 The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 25 SUBSTANTIAL COMPLETION 25.1 All portions of Phase IVB of the Road Resurfacing Program are to be completed according to the grouping denoted in Work Plan Table. Once all work has been completed on a grouping of roadway segments, and the City has indicated, in writing, the final acceptance of landscaping, irrigation, brick paving, and electrical work within said grouping, maintenance of the said roadways will be entirely the responsibility of the City. At this point, said roadways are Substantially Complete. 25.2 The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 26 FINAL INSPECTION 26.1 Upon written notice from the Contractor that the Work is or an agreed portion thereof is complete, the City and the Engineer/Project Manager will make a final inspection and will notify the Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 27 FINAL APPLICATION FOR PAYMENT 27.1 After the Contractor has completed all such corrections to the satisfaction of the City and the Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after the Engineer/Project Manager has indicated that the Work is acceptable, the Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) the Contractor's receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for the Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, the Contractor may furnish a bond satisfactory to the City to indemnify the City against any such lien. 27.2 The Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" Nil of Tamarac hxninit z Temp. Reso. #10089 Purchasing Division drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. The Contractor shall deliver mylar sepias of the as -built project, signed, sealed and dated by the responsible professional. In addition, plans are to be submitted in a digital format in AutoCAD latest version. The Digital File is to be compatible with the City's GIS system. Final payment to the Contractor shall not be made until said drawings have been reviewed and approved by the Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to the Contractor for changes or modifications if in the opinion of the Engineer/Project Manager they do not represent correct or accurate "As -built" drawings. 28 FINAL PAYMENT AND ACCEPTANCE 28.1 If, on the basis of the Engineer/Project Manager's observation of the Work during construction and final inspection, and the Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, the Engineer/Project Manager is satisfied that the Work has been completed and the Contractor's other obligations under the Contract Documents have been fulfilled, the Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing the Engineer/Project Manager's recommendation of payment and present the Application to the City for payment. Thereupon the Engineer/Project Manager will give written notice to the City and the Contractor that the Work is acceptable. Otherwise, the Engineer/Project Manager will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to the City of the Application and accompanying documentation, in appropriate form and substance, and with the Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by the Engineer/Project Manager will become due and will be paid by the City to the Contractor. 28.2 If, through no fault of the Contractor, final completion of the Work is significantly delayed and if the Engineer/Project Manager so confirms, the City shall, upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the City for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 28.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and a final certificate for payment has been issued by the Engineer/Project Manager. The making of final payment shall constitute a waiver of claims by the City except those arising from: H of Tamarac Exhibit 2 Reso. #10089 sing Division 29 30 28.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 28.3.2 Faulty or defective Work and latent defects discovered after acceptance. 28.3.3 Failure of the Work to comply with the requirements of the contract documents. 28.3.4 Terms of special warranties required by the contract documents. 28.3.5 Any of the Contractor's continuing obligations under this Agreement. 28.4 The acceptance of final payment by the Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. CITY'S RIGHT TO WITHHOLD PAYMENT 29.1 The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 29.1.1 Defective Work not remedied. 29.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 29.1.3 Failure of the Contractor to make payments to Subcontractors or Suppliers for materials or labor. 29.1.4 Damage to another Contractor not remedied. 29.1.5 The Contractor has incurred liability for liquidated damages. 29.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 29.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 29.1.8 Failure to carry out the Work in accordance with the Contract Documents. 29.2 When the above grounds are removed or resolved or the Contractor provides a Surety Bond or Consent of Surety satisfactory to the City, which will protect the City in the amount withheld, payment may be made in whole or in part. WARRANTIES 30.1 Not withstanding any provisions of the Technical Specifications the Contractor shall warranty the soundness of all work as noted in the Technical Specifications from the date of final acceptance of work. The Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. 30.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the Technical Specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 37 Exhibit 2 ).. #10089 of Tamarac 30.3 The Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 30.4 The Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 31 CORRECTION PERIOD 31.1 The Contractor warrants all material and Workmanship as noted in the Technical Specifications from date of acceptance by the City. If within the period of warranty from the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by the City, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of the Engineer/Project Manager, attorneys and other professionals) will be paid by the Contractor. 31.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period as noted in the Technical Specifications after such correction or removal and replacement has been satisfactorily completed. 31.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations that the Contractor might have under the Contract Documents. Establishment of the time period as described in Section 32.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. 32 CONTRACT TIME 32.1 Time is of the Essence for Work performed under the Contract. The Work under Phase IV-B, as identified in the Schedule of Quantities Section shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed within 365 calendar days. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this contract and subject to appropriate remedies including but not limited to liability for 38 Exhibit 2 Temn. Reso. #10089 of Tamarac liquidated damages in accordance with the Liquidated Damages provisions as specified under the General Terms and Conditions of this bid/solicitation. 32.2 The Contractor shall provide services as expeditiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 32.3 Time limits stated in the Contract Documents shall be strictly adhered to. The Work to be performed under this Agreement shall commence as directed in the Notice to Proceed unless otherwise agreed in writing. 32.4 Contract Time may only be changed by a properly and fully executed change order that shall exist prior to the extension of the Contract Time. 32.5 Any claim for an 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 project completion date. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. 32.6 Extension of time shall be considered and will be based solely upon delays to work as a whole. Extensions of time shall not be granted work, unless the Contractor can clearly demonstrate that such delays fact, delay the progress of the work as a whole. Time extensions allowed for delays to parts of the work that are not on the critical Construction Schedule. Time extensions shall not be granted contingency time, resulting from the early completion of work on available to absorb specific delays and associated impacts is used. the effect of for delays to did or will, in shall not be path of the until all float or the critical path, 32.7 The Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, or extended overhead arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Contractor for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of the City or its agents. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusable Events of Delay": 32.7.1 An act, delay or order of the City obstructing or delaying the Contractor in the commencement, prosecution or completion of a Project activity other than an act, delay or order issued by the City reasonably in good faith in its role as a Government regulator or actions reasonably taken by the City in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection shall be deemed an Excusable Event of Delay to the extent that performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or negligence of the Contractor or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other term or condition of this Contract. 39 Exhibit 2 Temp. Reso. 410089 of Tamarac Purchasing Division 32.7.2 Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the Contractor or attributable to the Contractor), floods, epidemics, quarantine restrictions and freight embargoes. 32.7.3 Strikes which are unforeseeable or beyond the control of the Contractor to prevent and which are not the result of any or negligence of the Contractor, but only if the Contractor takes reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. 32.7.4 Weather conditions exceeding normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale weather station. 32.7.5 The City acting reasonably, will determine the number of days, if any, that the Contractor has been delayed. Any disputes over the number of days, if any, that the Contractor has been delayed shall be resolved in accordance with the Dispute Resolution provisions. In addition, the Contractor shall continue performance of the Contract Documents. 32.8 When any period of time is referred to in the Contract Documents in days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 33 CONSTRUCTION SCHEDULE 33.1 The City shall provide the Contractor with a schedule of work based on the Phase IV -A of the Road Resurfacing Program concurrent with the issuance of the Notice to Proceed. This schedule shall be utilized by the Contractor in scheduling the Work under Phase IV-B, identifying the critical path to be followed by the Contractor. The Construction Schedule shall be revised and updated for City approval to reflect any granted time extensions. The City shall not approve any unreasonable schedule. The Construction Schedule of Work and all subsequent changes thereto shall be submitted to the City in advance of the required performance. The Construction Schedule of Work shall not exceed the time limits current under the Contract Documents. The Contractor must schedule the prompt obtaining of any required permits. 33.2 The construction schedule shall be in the form of a tabulation, chart or graph and shall be in sufficient detail to show the critical path and the chronological relationship of all activities contained in the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittals required to the Engineer/Project Manager for approval, procurement of material and scheduling of equipment. Erij City of Tamarac Exhibit 2 t.#10089 33.3 The Construction Schedule shall allow for a maximum turnaround time by the Engineer/Project Manager of fourteen calendar days on all submittals, shop drawings and all requests for information. 33.4 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 33.5 The construction schedule shall be thoroughly reviewed and updated on a monthly basis. The revised schedule shall be submitted to the City at least every 30 days during the term of this Agreement and shall reflect a current schedule of activities, percent complete and remaining durations for all tasks. 33.6 Float, slack or contingency time derived from the early completion of tasks on the critical path is not for the exclusive use or benefit of the Contractor. The Contractor shall not utilize such time without the prior written consent of the City. 33.7 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if the Engineering/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineering/Project Manager a revised construction schedule for approval. 34 PROTECTION OF PERSONS AND PROPERTY 34.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 34.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 34.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 34.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Sub -Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 34.5 All unit prices provided by the Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 34.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 41 of Tamarac Exhibit 2 n,#i4089 W 36 37 34.7 The Contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. TRAFFIC CONTROL AND WORKING HOURS 35.1 The Contractor shall be responsible for maintaining all traffic controls during the entire period of resurfacing. All traffic controls shall conform to Manual of Uniform Traffic Control Device (MUTCD) and Florida Department of Transportation Roadway and Traffic Design Standards, latest editions and must be approved by the City in advance. At all times, at least one lane shall be kept open with adequate and legal traffic controls. Work should be avoided during peak traffic hours. Working hours are set between 8 A.M. to 4 P.M. any deviation shall be approved in advance by the City. 35.2 The Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 35.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 35.4 All unit prices provided by the Contractor as a part of this Bid shall include all cost relating to the Maintenance of Traffic including any and all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. HURRICANE AND SEVERE WEATHER PRECAUTIONS 36.1 At the direction of the Engineer/Project Manager, the Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 36.2 All construction materials or equipment will be secured against displacement by wind forces. WORK BY THE CITY OR CITY'S CONTRACTORS 37.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 37.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 37.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 42 of Tamarac Exhibit 3 Temp. Reso. #10089 Purchasing Division BID FORM Submitted by: Vila & Son Landscaping _(Bidder) 1 15 03 (Date) 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. Page 9 of 4 Bid Form/Agree to Complete of Tamarac Exhibit 3 Temp. Reso. #10089 Purchasing Division BID FORM (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, for the construction of median beautification including clearing and grubbing, tree protection and removal, landscaping, irrigation and pump stations, brick pavers, and electrical work, related to the City of Tamarac Street Improvement Program, Phase IV-B. In order to be considered for this project, the vendor must meet the following conditions: The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by an appropriate licensed Contractor and crew with at least Five (5) years of verifiable full- time experience with a minimum of two (2) projects of similar nature or dollar cost. The Contractor is to hire, engage, or have on staff a Certified Arborist who has successfully completed tree and shrub protection and trimming projects who has five (5) years or more experience doing similar projects. 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. See Schedule of Bid Prices Page 2 of 4 Bid Form/Terms/Bid Price of Tamarac Exhibit 3 Temp. Reso. #10089 'urchasing 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 delive Return of rejection will be at the expense of the bidder. Vila & Son Landscaping Corp. Company Name 20451 SW 216 St Address Miami FL 33170 City, State, ZIP CGC060773 Contractor's License Number AutkgF&ed Signature Juan C. Vila Typed/Printed Name 305-805-0066 305-805--4270 fax Telephone & Fax Number 59-2384066 Federal Tax ID# Page 3 of 4 Bid Form/Company Information Exhibit 3 Temp. Reso. #10089 4j& City of Tamarac Purchasing Division BID FORM " (continued) Bidders Name: _ Vila & son Landsca ink Corp. TERMS: % DAYS: Net 30 To be considered eligible for award, one (1) original and two (2) copies of this bid form MUST be submitted with the Bid. 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. 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Reso. #10089 N O O N fi N e- fn 7 W m en cy ~ = 4 a ri w �a W W W W W 7 O XL a U_ a ~ 4 m WLU a 0 X m W N A [� U M D Z W 0 4 r� m o cai n � c L CL m �o CO m a m t� a�i CIO U d �zN o C m a j CQ,"a � f_ Cl c x C) w c•, AI S X rs �� ten,. �� .' t. ✓ 1� d 4 1p Cc K�f, S�C�'f �Oc QQQQQ¢QQQQQQQQ W W W tL W W W W W W W W W W Q¢¢u W W LL¢ J uJ LL .J B ,J .� 0 m p CD Q O O .-- G- O C O C O 6 O n r" Q v O 0 M N m 'P � w C .0 C C C C C C C A? 7 7 C �� d � •d N N ,W Vi E E p�'gggP�kg�'P N � N 4 ee�g88888$88a~yam ` b O V O c7 h(jUUUUUUUUU Id � �r � 4 G C fA (1 N `�wca w .c C. w W W d- n 1 i N w C1 tV m�fl1CI1LOVJtgG]u]om V) awaan a� m M o• Ai O al0000 N ���33� yN� [r! - mmp maaa4aaa� 3 Ey m O d m m Ln`�`n�?vovvv=iu�� p Y- 1� n r r r r .- n .. S1 a Nr O ��Cr2cG O O p o O � S m IC.L 70 � an nU aU3 Q O fV n] t.ri 07 1-� 6 mMLL l l M I of Tamarac Exhibit 3 Temp. Reso. 910089 Purchasing Division NON -COLLUSIVE AFFIDAVIT State of Florida ) )ss. County of Miami -Dade ) Juan-C. Vila _ being first duly sworn, deposes and says that: 1. He/she is the _ Prc?si,c�ant (Owner, Partner, Officer, Representative or Agent) of Vila & son I,andsoaVjng corihe 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, r esentatives, owners, employees or parties in interest, including this affiant/11'7 � Signed, sealed and delivered in the presence of: By Witness Witness () 1% 6 Q Juan C. Vila Printed Name President Title Page 1 of 2 Non -Collusive Affidavit of Tamarac Exhibit 3 Temp. Reso. 410089 Purchasing Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of 2003 On this the 15 day of January ; 20G2 before me, the undersigned Notary Public of the State of Florida, personally appeared Juan C. Vila 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. r TARY,,,UBLIC, S A E OF FLORIDA � NOTARY PUBLIC Rv ;��,..a �� ���� a.rtinez SEAL OF OFFICE: _g&fiM(5sf0n#DD140027 #spLres Au me q ''iPublic: Print, Stamp, or Type as Commissioned) LS(Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or (DID NOT take an oath Page 2 of 2 Non -Collusive Acknowledgement of Tamarac Exhibit 3 Temp. Reso. 410089 Purchasing Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we (1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION ® OTHER ❑ 4*ignature N/A Juan C. Vila Name (Printed Or Typed) President 59-2384066 Title Federal Employer I.D./Social Security No. Vila & Son Landscapinq Corp. 20451 SW 216 St Miami FL 33170 Company Name Address Miami, FL 33170 305-805-0066 City/State/Zip Telephone 305--805-4270 William Quintero Fax Number Contact Person Page 1 of 1 Certification of Tamarac Exhibit 3 Temp. Reso. #10089 Purchasinq Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager ADDRESS: 7525 NW 881" Avenue Tamarac, Florida 33321 Submitted By: Name: Address: Principal Office Telephone No. Fax No. Vila & Son Landscapi Juan_ C• Vila _..- 2045 Juan C. Vila Flo )PI U61*7=11MM,1 Check One (] Corporation ❑ Partnership ❑ Individual ❑ Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: Vila & Son Landsca in Cor The address of the principal place of business is: 20451 SW 216 Street Miami, FL 33170 2. If Offeror is a corporation, answer the following: a) Date of Incorporation:_ 2 28_/1984 b) State of Incorporation: Florida c) President's name: Juan C. Vila d) Vice President's name: Ricardo Leal e) Secretary's name: s f) Treasurer's name: Baudilio Vila g) Name and address of Resident Agent: Ricardo Leal. Page 1 of 5 Offeror's Qualification Statement Exhibit 3 Temp. Reso. #10089 of Tamarac Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: N/A b) Name, address and ownership units of all partners: ' c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation ' or partnership, describe the organization and give the name and address of principals: N/A 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 18 years d) Under what other former names has your organization operated? one 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. C ner-1 Contractor - CGC060773,F.lorida see attached) 8. Have you personally inspected the site of the proposed work? ® YES ❑ NO 9. Do you have a complete set of documents, including drawings and addenda? ® YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ® YES ❑ NO Page 2 of 5 Offeror's Qualification Statement of Tamarac Exhibit 3 Temp. Reso. 410089 'urchasinq Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: No 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone See attaghed 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 14. State the name of the individual who will have personal supervision of the work: Guillermo Quintero, Dorothv Wawr ck & Ned sk' f 15. State the name and address of attorney, if any, for the business of the Offeror: Vezina Lorenze & Piscatelli 350 E. Las .Olas Blvd. „Sui iL _1 1 30 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: None 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: None Page 3 of 5 Offeror's Qualification Statement Exhibit 3 Temp. Reso. #10089 OWNERS OWNER'S REPRESENTATIVES Bridgepoint Homeowners Assoc. Guarantee Property Management Ms. Maria Niz 111 Fountain Blue Blvd, Miami, FI. 33172 (305) 559-4100 Country Walk Homeowners Assoc. The Continental Group Inc. Ms. Donna Enos 14601 Coountry Walk Dr. Miami, FI. 33186 (305)238-9336 Gables Waterway Tower Mr. Harvey Kay 90 Edgewater Dr. Coral Gables, FI. 33133 (305) 665-7871 Johnson and Wales University Mr. Douglas A. Sidelinger 1701 N.E. 121 St. North Miami, Florida 33181 (305)892-7051 (305)892-7030 Fax Shelby Homes Mr. Robert Shelley 1063 S.W. 156th Terrace Pembroke Pines, FI. 33027 (305)438-4333 (305)438-2159 Fax Walt Disney World Co. Mr. Dennis Higbie P.O. Box 10,000 Lake Buena Vista, FI. 32830-1000 (407) 934-7449 (407) 828-8928 Fax Commodore Club South, Inc. Mr. Duff Hopkins 199 Ocean Lane drive Key Biscayne, Florida 33149 (305)361-7214 Disney Development Co. Mr. Frank Wood. 200 Celebration Place Celebration, FI. 34747 Grand Palms Golf & Country Club Mr. Pat Segall 110 Grand Palms Drive Pembroke Pines, FI. 33027 (305) 437-8664 Kendalltown Homeowners Association Ms. Joyce Collins 10333 S.W. 76th St. Miami, FI. 33173 (305) 27974331 Walt Disney Imagineering Ms. Toni Spears 1365 Avenue of the Stars Lake Buena Vista, FI. 32830-1000 (407) 560-6161 Z.H.A. Inc. Mr. Larry Willbur Orlando International Airport Orlando, FI. 32827-4399 (407) 825-4037 Exhibit 3 Temp. Reso. #10089 CORPORATE OFFICE: RLANDO BRANCH OFFICE: PALM BEACH BRANCH OFFICE: ESTABLISHED: SIR COMPANIES: BANKING INSTITUTION: VILA AND N I ANQSCAPINr-'RP 20451 SW 216th Street Miami; Florida 33187 (305)255-9206 (305)255-9207 FAX 1900 Williams Road Winter Garden, FI. 34787 (4 07) 654 -94 15 (407)654-9417 FAX 1017 Florida Avenue West Palm Beach, FI. 33401 (561 )804-9596 (561)804-9597 FAX February 1984 Miami, Florida Vila and Son Nursery Corp. 80 Acre Containerized Woody Ornamentals Nursery. Vila and Son Tree Farm, Inc. 60 Acre Container Tree Farm, Ocean Bank of Miami 780 N.W. LeJeune Rd. Miami, Florida 33126 Mr. Lionel Del Rio, Executive Vice President (305)448-7170 INSURANCE AGENT Coastal Insurance Group 150 Westward Drive Miami, FL. 33266 Mr. Tom Webb (305)887-5999 Exhibit 3 Temp. Reso. #10089 n RESUME NAME: JUAN C. VILA ADDRESS: 23315 S.W. 187 Avenue Homestead, Florida 33031 D.O.B.: 09-10-61 EXPERIENCE- March 1984 to present. Miami, Florida. President and 100% Owner, Vila and Son Landscaping, Corp. Landscape Contractor, CEO responsible for all operations. February 1983 to March 1984. Miami, Florida. Alvi Landscape Contractors, Corp. Estimator, Salesman and Supervising Manager. September 1982 to February 1983. Homestead, Florida. Heavy Equipment Operator, Recio and Associates. August 1981 to September 1982. Miami, Florida. Manager in charge of production, for Heavy Equipment, Compost and Organic Fertilizer Suppliers of America. Exhibit 3 Temp. Reso. #10089 RICARDO L. LEAL EXPERIENCE: VILA AND SON LANDSCAPING CORP., Miami, Fla. Vice President Responsible for all project estimating and project administration Directly involved in all facets of operations. April 1989 - Present DADE COUN PUBLIC CHO LS, Miami, Fla. Coordinator 11, MaintenanceDept... - Grounds Head of department responsible for the maintenance and in-house construction of all athletic fields, parking facilities, fence lines, irrigation systems, new landscapes, and miscellaneous projects and activities related to school grounds district wide (300+ schools). Also responsible for the review and approval of all new site related construction, during both, design and build phases. September 1988 - April 1989 VILA ANDSD-N LANDSCAPING CORP., Miami, Fla. Project Manager Estimator. March 1987 - September 1988 TERRASCAPE F MIAMI INC., Miami, Fla. Vice President, General Man er Responsible for all operations of five acre container plant nursery, specializing in woody ornamentals in August 1985 - March 1987 RECIO NURSER,YCORP., Goulds, Fla. Nursery Manager Responsible for sales and all field activities of a thirty seven acre treefarm and containarized woody hornamentals nursery. October 1984 - August 1985 RECIO AND ASSOCIATE INC. Landscape ontractor, Miami, Fla. Project_ Superintendent -, AssistantEstimator June 1984 _ October 1984 LANDSCAPERS F COCONUT ROVE, Miami, Fla. Sales. _Purchasing and mField S,u�ervision, Mostly involved with residential landscape ' projects. December 1982 - June 1984 OF 2 Exhibit 3 Temp. Reso. #10089 SONESIA BEACH HOJ& AND B, Key Biscayne, Fl. Assistant Landscave Manage - Department responsible for the maintenance and upkeep of all Hotel grounds, including twenty villas and beach area. May 1982 - December 1982 GEEN TOUCH INC., Miami, Fla. NurserNursqry AlLendant Responsible for customer service and inventory upkeep of retail nursery. May 1981 - August 1981 LANDSCAPERS OF COCON I GROVE, Miami, Fla. Workin2 oreman-Laborer August 1979 - March 1981 OF 2 Exhibit 3 Temp. Reso. #10089 1600 SW 99 CT Miami, FL 33165 Ariel Caballero Phone: 305-552-9904 Fax: 305-255-92-07 E-mail: acaballero @ vila-n-son.com Objective A responsible position in the management and operations of a leading irrigation company. Work experience March 1997 - Present Vila and Son Landscaping Corp. 2045.1 SW 216th St Miami, FL 33170 Vice President, Irrigation Division Irrigation qualifier for: 1. Dade County 2. Broward County 3. Palm Beach County 4. Martin County 5. Indian River County 6. Orange County 7. Lee County 8. Collier County 9. Monroe County 10. Polk County 11.Osceola County • Oversees all day to day operations including but not limited to managing all irrigation field personal, job scheduling, coordination with general contractors, sub -contractors, landscape architects, suppliers, underground utilities (locations personnel). • Job costing and job estimating • Fulfilling permit requirements, testing and inspections • Employee evaluation • Maxicom Certified Exhibit 3 Temp. Reso. 410089 Februar 1993 - Fphn lary 1997 South Coast Irrigation Inc. 11455 SW 82 AVE Miami, FL 33156 Senior Field Supervisor • Overseeing of all irrigation field employees and operations • Scheduling of all irrigation projects • Supervising of all vehicles and equipment including service and repairs and overseeing mechanics August 1992 - February 1993 Best Sprinkler Systems 5413 NW 74 AVE Miami, FL 33166 Irrigation- installation & service foreman • Installation of commercial & residential systems • Service technician and repair troubleshooter March 1988 - February 1993 Dade Broward Supply 2801 NW 112 AVE Miami, FL 33172 Irrigation supply house sales counter • Sales of irrigation products • Working with irrigation contractors Exhibit 3 Temp. Reso. #10089 WORK EXPERIENCE VILA AND SON LANDSCAPING CORP- 08/95 to Present General Manager n • Directly responsible for the entire project administration and management of the Miami Office. This includes the management of approximately twelve million dollars in sales and supervision of approximately 120 personnel. GREEN DREAMS LANDSCAPING 1 C- 03-90 to 8/95 President/ Owner • Completed various design/build commercial and residential landscape projects. BARNETT BANK OF SOUTH FLORIDA- 07182-03/90 Operations Manager • Directly responsible for the productivity of the bookkeeping, purchasing, and proof department. • Completed a management program which encompassed various department within the bank. EDUCATION • Associate in Arts- Miami Dade Community College • Business Administration Degree- Florida International University • Certified Arborist - State of Florida Exhibit 3 Temp. Reso. #10089 DDWARD PAIGE "NED" SKIFF 512N S.E. 81h Street Fort Lauderdale Florida 33316 Home: (954) 527- 5878 E-mail: nskiff bellsouth.net A true business professional with record of proven leadership and demonstrated multi -tasking capabilities in management, marketing, sales, community involvement and customer service, developed from years of progressive experience. EMPLOYMENT HISTORY Vila and Son Landscaping Corporation Project Manager (February 2002 to Present) Administration and management of multiple commercial and governmental landscaping projects. Responsible for seeing that all projects are completed according to specification, on time and within budget. Act as company liaison to clients. Also involved in new business development and community relations. Impact Community Services Interim Director of Development (November 2001 — present) Responsible for fund raising and community outreach. Developed government and agency partnerships. Cruise Consultant (May 2000 — September 2001) 02Cruise.com, Londonderry, NH Marketing and sales for leading online cruise agency. Represented all major cruise lines focusing on premium and luxury class offerings while Providing world -class customer service for discerning clients. Renaissance Cruises, Fort Lauderdale, FL Inbound and outbound telemarketing for luxury cruise line. Developed "book of business" through generation of new leads and referrals. Consistently cited among top producers in agency sales. Hugh's Catering, Fort Lauderdale FL New Business Development/Community Relations Manager (November 1999-April 2000) Developed and maintained corporate full service catering accounts. Managed events and catering staff at multiple sites serving quality product on time and according to prescribed standards. Ruttger/Skiff Associates, Inc., Fort Lauderdale FL President/Co-owner (November 1992-October 1999) Responsible for overseeing all phases of operations for family owned commercial and residential landscaping firm. Managed advertising, creative design, material selection, marketing, sales, and purchasing. Analyzed and managed staffing needs based on per project requirements. Winner of numerous awards for outstanding designs and installations from the City of Ft. Lauderdale, AIA, and ASLA. Exhibit 3 Temp. Reso. #10089 Deliverex of Broward, Fort Lauderdale FL General Manager (February 1990.October 1992) Oversaw all phases of medical records storage and retrieval firm. Managed staff, purchasing, sales, scheduling, and purging of applicable records. Maintained perfect record for accurate, on -time deliveries and confidentiality of sensitive proprietary material. Skiff's Workingman's Nursery, Inc., Fort Lauderdale FL PresidentlOwner/Operator (April 1976-December 1989) Owned and operated three -acre retail nursery and landscaping company. Implemented innovation in several areas of operation. Including: water conserving irrigation, improved efficiency and accessibility of nursery and store layout, and updated inventory. Became first Florida nursery to offer written guarantee for installations. Negotiated vendor contracts and purchasing methods. Improved profit margins by 30% and overall sales by 50% in the first 18 months. WINZ "Green Scene" Radio Show Host (1983-1987) Wrote, produced and performed five shows weekly for popular feature program. Provided live "feeds" on weekends and during periods of severe weather. EDUCATION B.B.A. Marketing 1975, Stetson University, DeLand, FL SPECIALIZED TRAINING/LICENSES Florida Certified Landscape Contractor #0123 Class B Commercial Drivers License FNGA/AAN National Horticultural Short Course 1998 IFAS Citrus Canker Seminar 1985 COMPUTER SKILLS Microsoft Word, ACT 2000, Lotus Notes, AS400 (reservations system), Rcruz2000 (reservations system) SPECIAL INTERESTS/COMMUNITY INVOLVEMENT Stetson University Alumni Association Board of Directors (1989-present) Broward County Chairman (1989.1992) Hospice Care of Southeast Florida Board of Directors (1984-present) President (1987-1989, 1998-2000) 2nd Century Broward (1984-1995) Board of Directors (1988-1990), President (1988-1989) City of Fort ,Lauderdale Board of Cemeteries Trustees (1992-1995, 1997-present) Chairman (1994-1995, 1999-present) Exhibit 3 Temp. Reso. #10089 Resume of DOROTHY MARIE WAWRYCK 11223 Southwest. 88th Street ,V ami , Florida 33176 (305) 279-7308 Career Summary A South Florida native, I began my career in the land- scape industry as ..the owner /operator.o£:-the Doral Land- sca a Com an with Al Smith. Production work in the residential PUD.industry was our primary work arena, with commercial and custom residential work as our secondary unit. I have managed and executed many pro- jects from design,sales,procurement,construction and closing. Projects range in dollar amounts from hund- reds to several hundred thousandths. The career choice I have made is one that I take great pride in and enjoy immensely. I have enjoyed working with some of the great companys of Miami that have been "greening"up this county for several decades, further enriching my level of experience. Employment THE CONTINENTAL GROUP Worked as a roving trouble shooter to several propeftys from Miami Beach to Key-Biscayne,mostly high -end prop- ertys for a brief period of time. I gained a broad base working kn'owl'edg'e of maintaince and landscape installa- tion on ocean front high rises. I also worked with the Taft/Bradshaw group at the Ocean Club at. -Key -Biscayne. An aquisition ended the hopes of a structure I could work with and I left after a short time with the company. FOLIAGE BY FLORA Under the tutelage ablish an exterior scape company. I landscape jobs in I worked with the .of Alyn Kaye ASLA, we worked to est- division for this primarily interior designed, managed, bid and executed the Dade, Broward and Monroe Countys. customer, established crews and locat- Exhibit 3 Temp. Reso. #10089 (con It) ed materials. I put together bid packages and success- fully executed,*..t t•3r- completions (please see Foliage letter). Ixl 199$, Tru-Green/Chemlawn aquired FbF and despite our best efforts their needs did not include a' profitable exterior division. The changes implemented Prevented me from remaining. PARKER SOD As the Landscape Manager of this retail center I worked with homeowners and small builders primarily. I design- ed and worked with the customer on a very personal level. I had a heavy customer.base and limited time. I created a good work ethic with the crews which in turn made for a very satisfied customer and profitable jobs. I devel- oped a new contract detailing scope of work and limit- ations. I attended trade shows and did take offs for the County and private sectors. We worked deligently to keep our hard earned safety record. I implemented safety guidelines that were concise and valued. I was involved in the budgets and projections for my division. I Left when I was asked to combine my position with the manag- er of the nursery and retail center. I felt each area would be better servo) by two seperate managers and felt I couldn't do. _- jias t: ce - to --.both pasitir)ns . DORAL LANDSCAPE INC. Designer, Owner/Operator of custom, commercial and pro- duction landscape company. Recepient of Florida Nursery Growers Association's Award for Excellance. Customer list includes: Westbrooke Homes, Centex H-imes, Arvida, Omni International Hotels, Burger King, SAC Construction, Babcock, Dade County,Gama Construction, Steven Shere, Asa Groves and many other commercial and private concerns. I worked with O"Leary, Shaffer and Casio, ASLA., Ted Baker,'.ASLA., Dale Baldwin, ASLA. I developed ideas for landscape that included.patios, pools, waterfalls,sales centers, custom and production landscapes., I have been involved with high -end formal gardens and zero-scape environments. Under the high pres- sure of production landscape where vast numbers of components are required to launch and execute a success- ful landscape completion, I have been able to fine tune the process. It is important to have the right people in the right areas and the format in place that flows easily. We practiced responsible landscape, designed to with stand time and open to change. Our relationships With our clients and customers were mutually satisfying. We were a profitable company that disolved amicably. City of Tamarac Exhibit 3 Temp. Reso. #10089 Purchasing Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent: Coastal Insurance Group, Inc. 19. Bank References: Bank Address Telephone Ocean Bank 780 NW Le'eune Road 305-448_7170 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll, taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? ® YES ❑ NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). N/A Page 4 of 5 Offeror's Qualification Statement I - - -• .... -1- - V A J J V L U 1 RODRIGUIZ-ECAY, LABRADOR & COMPANY, P.A. CERTIFIED PUBLIC ACCOUNTANTS 3 CONSULTANTS suite 302 85 Grand Canal Drive Miami, Florida 33144 TEL. (305) 262-1600 FAX (305) 262-1601 ail: In"relcpa,cOm MEMBERS: AMl RICAN & FLORIDA INSTITUTES OF CERTIFIED PUBLIC ACCOUNTANTS YxLn tuvtr aVN + VILA N ZSUN KEDLY IMP Exhlb1f 3 Temp. Reso. 410089 RQdrigue-r-Ecay Labrador & Co. INDEPENDENT AUDITORS' REPORT To the Stockholder of VILA AND SON LANDSCAPING CORP. HEUO RODRIGUEZ-ECAY C.P.A. JESUS I. LASP40OR MA, MIRIAM MARTINEZ CY A, We have audited the accompanying balance sheet of Vila and Son Landscaping Corp. as of December 31, 2Q01 and the related statements3 of income and retained earnings, and cash flows for the year then ended. These. financial statements are the responsibility of the Company's management. Our responsibility is to express an opinion on these financial statements based on our audit. The financial statements of Vila and Son Landscaping Corp, as of Decembere r 31, 2000 we audited by other auditors whose report dated March 23, 2001 expressed an unqualified opinion re those statements. We conducted our audit in accordance with generally accepted auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material rr�isstatements. An audit includes examining, on a test basis, evidence supporting the arnotu,ts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion - In our opinion, the financial statements referred to above present fairly, in all material respects,the financial position of Vila and Son Landscaping Corp.' as of December 31, 2001 and the reslts of its operations and its cash flows for the years then ended in conformity with accounting principles generally accepted in the United States of America. March 26, 2002 Miami, Florida 1 - --, �+.vv rr►d vu�tD�y�ul VILA AND SON VILA AND SON LANDSCAPING CORP. BALANCE SHEETS DECEMBER 31, 2001 and 2000 -► VILA N SON MEDLX pp�� a AM Ulf 3 Temp. Reso. #10089 u ASSETS M 2000 CURRENT ASSETS: Cash and cash equivalents Contracts receivable $ 506,Q54 $ 727,930 Other receivables 5,518,752 3,907,510 Costs and estimated earnings in excess of 29,940 16,079 billings on uncompleted contracts Prepaid expenses 717,563 625,500 Total current assets 34,725 . 34,195 6,807,034 5,311,214 PROPERTY AND EQUIPMENT Less accumulated depreciation and amortization 2,027,975 2,067,975 2,181,909 2,0$1,909 1,855.399 1,100,327 OTHER ASSETS: Due from stockholders Deposits - 50,527 15,290 12,819 TOTAL ASSETS 15,290 63,346 $ 8,677,723 $ 6,474,887 The accompanying notes are an integral part of these statements 2 --- . nl'IL alhl VILA AND SON LANDSCAPIN(- .► V ILA N WN MEULY 10 003 Exhibit 3 `�- CORP. BALANCE SHEETS Temp. Reso. 410089 - DECEMBER 31, 2001 and 2Q40 LIABILITIES ANI) STOCKHOLDERS EQUITY CURRENT LIABILITIES: 2o01 2000 Short-term borrowings Current maturities of long-term debt $ 600,000 $ 100 Current maturities of obligations under ctipital leases Accounts payable 220,515. 96,446 434,347 Accrued expenses 2,525,373 1,953,623 Due to affiliates 463,332 242,520 Billings in excess of costs and estimated 459,687 213,555 earnings, on uncompleted contracts Total current liabilities 1,125,966 1,234,616 LONG-TERM DEFT 5,491,319 4,078,764 CAPITAL LEASE OBLIGATIONS 208,394 244;81 g 420,895 STOCKHOLDER'S EQUITY: _ Common stock - 500 shares of $1.00 par value authorized, issued and Outstanding Paid -in -capital in excess 500 of par Retained earnings 31,500 500 31,500 2,525,115 2,119,305 TOTAL LIABILITIES & STOCKHOLI)ER'S EQUITY 2'SS7'115 2,151,305 $ 8,677,723 $ 6,474,887 The accompanying notes are an integral part of the -So statements 3 - - -- w vvvrovvrJ, TI" 1UNV ays VILA AND SON LANDSCAPING CORP. STATEMENTS OF INCOME AND RETAINED EARNINGS FOR THE YEARS ENDED DECEMBE:R 31, 2001 and 2000 Contract revenues Cost of contract revenues Gross profit General and administrative expenses Income from operations Other income and (expenses): Interest expense Loss on sale of assets Miscellaneous income NET INCOME Retained earnings - beginning of year Dividend distributions Retained earnings - end -of year 2001 $ 24,376,533 �1,542,334 2,834,199 2,338,o72 496,127 (70,737) (14,816) 64,787 (20,766) 475,361 2,119,305 (69,551) $ 2,525.115 a V ILA N SUN MEDLY lQ 004 Exhibit 3 Temp. Reso. #10089 The accornpanying notes are an integral part of these statements 4 , 2000 $ 22,321,179 19,170,718 2,350,461 2,038,506 311,955 (115,924) (17,205) 6,007 (127,122) 184,833 1,934,472 2,119,305 - - - - : • • a nsa .� v o 5 a n L.v 1 V I LA AM) aUrq VILA AND SON LANDSCAPING CORP. STATEMENTS OF CASH FLOWS FOR THE YEARS ENDED. DECEMBER 31, 2001 and 2000 OPERATING ACTIVITIES; Net income Adjustments to reconcile net income to cash Provided by operating activities: Depreciation and amortization Loss on sale of assets Changes in assets and liabilities: (Increase) in contracts receivable (Increase) decrease in costs and estimated! earnings in excess of billings on uncompleted coatracts (Increase) in prepaid expenses Increase (decrease) in accounts payable Increase (decrease) in accrued expenses Increase in due to affiliates Increase (decrease) in billings in excess of costs and estimated earnings on uncompleted contracts Net cash flows from operating activities INVESTING ACTIVITIES; Equipment purchased and capitalized under financing leases Proceeds from sale of equipment (Increase) decrease in deposits Increase in other receivables Advances to stockholder Net cash flow used in investing activities FINANCING AcTrvITIEs: Net proceeds from (repayment of) short-te Principal payments of long terra debt and capital lease obligationq Dividend distributions Proceeds from long-term debt financing Net cash flows used in financing activities Net increase (decrease) in cash and cash equivalents Cash and'cash equivalents at the beginning of the year. Cash and cash equivalents at the end of the year y VILA N SON MEDLX OA5 Ex Temp. Reso. #10089 200i S 475,361 422,044 14,816 (1,611,242) (92,063) (530) 571,750 220,812 246,129 (108,650) 138,427 (394,291) 2,500 (2,471) (13,861) (408,123) 599,900 (533,056) (19,024) 47.820 (221,876) 727,930 $ 506,054 The accompanying notes are an integral pan of these statements 000 $ 184,833 369,576 17,205 (674,509) 250,996 (34,195) (175,332) (220,776) 116,250 �. 482,743 316,791 (123,554) 47,131 753 (11,901) (40,113) (127,684) (324,351) 360,643 36,292 225,399 502,531 $$ 72_7,930 ...--.+ +i. vv •nsy JVJLJ J t1 4%A1 VLLA AM) aUrl VILA AND SON LANDSCAPING CORP. STATEMENTS OF CASH FLOWS (continued) FOR THE YEARS ENDED DECEMBER 31, �pp1 and 2000 -, VILA. N SON MEDLY fa oo6 Exhi -1 1-- — Temp. Reso. ##10089 2001 2000 u lenient disclosure o cash flow Worm a fignn. Cash paid for interest $ 70,737 $ 115,924 Non -cash investing and financing activities: Debt incurred to finance property and Capital lease obligations incurred to acquire �prot256,549 Pe rtY 353,342 Prior year advances to stockholder declared as a dividand equipnnent 543,592 end 50,527 The accompanying notesare an integral part of these statements 6 V I LA ANu b VN VILA AND SON LANDSCAPING NOTES TO FINANCIAL STATEMENTS CORP. y v1LA N SON MEDLY 10007 Exhibit_"" "•-- Temp. Reso. #10089 1. GENERAL INFORMATION AND SUMP4A Ce-�eraI ;F:ZGNZFjt�ANT ACCOUNTING POLICIES The company was incorporated under the laws Of the State of Florida i Purpose If' performing contracts for landscaping n February 1984 for the ts. The work under fixed -price contracts. All projects arelo aced ithe oath Floriis d norrnall e areas. y Performed Florida'and Central Florida Revenue and cost reco nition Contract revenue is recognized using the p(,,rcentage-Ofcaixipletion .method the percentage of contract revenue to be recognized currently estimated total revenue that incurred costs to date bear to Under this method, is computed as that percentage o f to the most recent• estimates of cost to cj)mplete. It is reasonably total estimated costs, after giving effect estimates may occur.in the near term. Revisions in cost and revenue Possible o sible that changes in the period in which the facts which require the revision become sown. mates are reflected in estimates indicate a loss on an individual contract, the total estimated loss n the revised cost currently in its entirety without regard to the percentage heOf completion_ oss is Provided for Contract costs include all direct material, subcontractor cost and labor and those related to contract Performance, such as indirect labor, supplies, equipment rent indirect costs Selling, general, and administrative expenses are charged to operations as inc al and repairs. erred. The asset, "cost and estimated earnings i,n excess of billings on uncompleted represents revenues recognized in excess of amounts billed. The liability, contracts", costs and estimated earnings on uncompleted contracts", represents billings in e"billings in excess of recognized. . _ excess of revenues Cash and cash equivalents For the purpose of reporting cash flows, company an highly liquid inVestments purchased with at' Original p y has defined, cash equivalents as those maturity of three months or less. ]7e reciation Depreciation is provided for in amounts sufficient to relate the cost of the de operations over their estimated useful lives on the straight --line method_ Amortization equipment under capital leases is included in iepreciation and depreciable assets to ion of leased amortization. Income Taxes The Company has elected to be taxed as an ;3 corporation under the provisions Revenue Code and state laws. Under these ;provisions, ,the Company does state corporate income taxes on its taxable income. Inste P ors of the Internal individual income taxes on their respective shares of the Cons not pay federal or ad, tl;e stockholders are liable for Pany's income or loss. 7 VILA Aivll SUN -� VI -LA N SON ttEI1LY [Aoo8 VILA AND LANDSCAPING CORP, Temp. Reso. #10089 S01V _ NOTE$ TO THE FINANCIAL STATEMENTS 1. GENERAL XNFOR.ATION AND SUM W►RY OF SIGNIFICANT ACCOUNTING POLICIES Use of Estimates S The preparation of financial statements in confornxity with accepted in the United States of h accounting assumptions that affect the reported America requires management ta.pnncaple5 generally P amounts of assets and liabilities and disclosure estimates and assets and liabilities at the date of the f nanci.�l statements and the reported and expenses during the reporting agent p g period. Actual results could differ f orted amounts of revenues Lon rri those estimates. •Lived Assets Lang -lived assets, such as Property c and equipment, are reviewed on an impairment is identified, the assets c Ying slue again undiscounted future cash flows. Iffan such adjustments duringazzying amounts are adjusted to fair value. There were no the year ended Decernber 31, 2001. Reclassifications Certain reclassifications have been made to prior year amounts s to 2. CONTRACTS RECEIVABLE .Contracts receivable are as follows. Completed contracts Contracts in progress Currently due Retainage ... Less allowance for doubtful accounts 3. COST AND -R Q r 2001 conform to current year $ 2,087,778 2,616,766 9092208 5,613,752 95,000 $ 5,518,752 MATED EARNIN GS ON UNCOMPLETED CONTRACTS Cost incurred on uncompleted contracts Estimated earnings Less billings to'date Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on contracts 2001 $ 12,843,930 720,394 13,564,324 13,972,727 $ (40.8,403) $ 717,563 (1,125,966) 408,403) 2000 $ 1,324,419 1,557,616 1,070,475 3,952,510 45,000 $ 3,907,510 2000 $ 14,892,177 1,5591079' 16,451,256 17,060,372 $ (609,116) $ 625,500 (1,234,616) $ (609,116) Ei vvjaouor. vi "ILA A1Vll au1V VILA AND SON LANDSCAP , NOTES TO THE FINgNCI AL � 'NCi CORP. STATEMENTS 4. PROPERTY AND E QUIFNIEIVT -► VILA N SON MEDLY Wo08 Ex it . --... Temp. Reso. #10089 Depreciation and amortization for the years ended Dec $ 369,576, respective) ember 31, 2001 and 2000 is 31, 2001 and 2000 Y' Cost' accumulated depreciation and estimated useful lives$ 422ece and are as follows: at December Cate ory Estimated Computer equipment _ useful lives 2001 Auto trucks and trailers ] years $ 2000 Office furnr-iure and 5-7-7 years 38,608 $ 103'887 equipment ^r �1-443,234 Machinery and equipment Years 77,962 1,'37$,880 Leasehold Improvement `1-7 years 1,711,939 79.889 Equipment under capital leases 39 years 91,524,854 5 years 56,905 94,726 Less accumulatedn and 3depreciation . _ amortization ,923,374 74 3,182,236 2,067,9' 5 2,081,909 $ 1,855,399 $ 1,100,327 S. r JNE OF CREDIT The comPany has a $2,0007000 involving lint• of credit secured by all of the Company's assets, due on demand with $ and renewable on June over 2005. rate G. LONG-T)ERIK DE.>aT Yong -term debt consists of the following: g Equipment loans secured by autostrucks.2001 Payable in monthly installments 2000 2000 ranging from $390 to $2,942 with aggregate total installments of $201479; interest rates rangingmonthly at various dates from JanuroQZ p �° to 20% maturing by equipment with Pn12005; secured a total book v $S60,000, value Of aPproxiniately Unsecured loan; interest rate of 10%a of $28,125 until July 2001. > manthlY pa;i�ments $ 406,880 $ 448,238 Unsecured loam; interest rate of 10%; Of $ 1,932 until December 2002. monthly payments - 190,473 Less current maturities 22,029 428,909 40,454 220,515 679,1bS $ 208,394 434,347 $ 244,818 0 VILA "1) aun ; VILA N SON MEDLY VILA AND SON LANDSCAPING�lozo Exhibit�"�-- C�RP- Temp. Reso. #10089 NOTES TO THE FINANCIAL STATEMENTS 6, LONG-TERM DEIST (continued) Future principal payments for years endin $ 22D,515, $ December 31, 2002, 2003 124,899, $ 80,671, $ 2,824 ,ari.8 d $ -0- respectively. 2004, 2005 and 2006 are 7. ACCOUNTS PAYABLE Included in accounts payable is a in amounts du matel.y $ Xq.0,000 and $107,00 at December 31, 2001 and 2000, respectively, completion of related contracts and customer acceptance, subcontractors, which have been retained pending $• BACKLOG The following is a reconciliation of backlog representing signed December 31, 2001 and 2000: contracts in existence at Balance at the beginning of the year001 2000 New contracts and contract adjustments $ 1,4,�97>699 $ 13,943,227 26,97,17163 22 875,651 862468 41,, Less: Contract revenues earned for the year 36,g 18,878 Balance at the end of the year 24,376,533 22,321,179 $ 17,092,329 $ 14,497,699 Subsequent to December 31, 20p1, the company entered into additional approximately $4,000,Op0, contracts amounting to 9. SICNIFICANT CONCENTRATIONS OF J'USK All of the company's cash balances are held in three hnancial institutions a exceed the maximum amount of $100,000treat is guaranteed by the FDIC. and at times they Id- SLATED PART'y TRANSACTIONS The Company leases administrative office ; 'Pace in SOut], Florida in a Company's sale stockholder and his father. The lea apu o October3ldm$ awned by the annual rental payments of $10,244 including applicable sales , 2005 and calls for accrued were $10,244 during each of the two years ended Dec tuber 1, 2OP and 200 made and The Company 0' P y leases administrative and storage space in Central sale stockholder_ The lease commenced on September 1, 1999 anexpires fon AugustCompany'sforincluding asalespplicable 31, 2002. were $23,432 during each of the two years ended December 31, 2001 and 2000 Rental payments See NOTE 13 - . pectively. OPERATING LEASES for disclosure of future minimum rental payments. .10 -1, w�.Yu ar>p JVAG.7.7yLUf VILA AMU JUN VILA AND SON LANDSCAPINCa CORP. NOTES TO THE FINANCIAL STATEMENTS y VILA N SUN MEDLY tooll Exhibit Temp. Reso. #10089 -0. RELATED PARTX TRANSACTIONS (runtinued) The Company Purchases plants from a Company owned Purchases during the years ended December Co pan and 20 by $e8 stockholder's father. respectively- The balance due to this affiliate at December 31, 2001 was $303 8 26. $ 92s,968 The CornPanY Purchases trees from a company related through common Purchases during the years ended December 31, 2Q01 and 2000 a uounted to $ ownership. $494,156 respectively. The balance due to this affiliate at December 31, 2001 6,and 11. PENSION PLAN was $156156561. The Company has a defined contribution pension plain which became effective on 1999. The plan covers all full-time employees that have attained 21 ears o January 1, Company can make discretionaryY f age. The ,nana e matching contributions that have been limited by g anent to 25%a of the employee's voluntary contribution up to ' 1% of the employee's salary. Pension plan expense during the years ended December 31, 2001. and $22,186 and $17,444 respectively. 2000 was 12.OPERATING LEASES The Company is the lessee of various vehicles and other pieces of a ui ment cancelable operating leases expiring at various times through March 2004. As more q P under non - described iri NOTE 10 -RELATED PAR"CY T filly lessee on two sites used for administrative ofiCZces aRnstorage space. the Company expense is also the the -years ended December 31, 2001 and 2000 was $214,685 and $ 182,387_ Future minimum during rental payments as of December 31, 2001 under non -cancelable operating leases are as foliow5 Yearmen,t 2002 Rpro erty Total 2003 $ 98,654 45,608 25eal $ z 9 $ 124,566 2004 2,553 10,224 55,832 2005 10,224 12,777 2006 _ 8,520 8,520 146:815 $ 54,880 $ 201,695 11 - --• - .,..�c�.,acu/ VILA "D SON -, VIU N 50N MEDLY E�IOxg VILA AND SON LANDSCAPING G'ORp, Temp. Reso. #10089 NOTES TO THE FINANCIAL STATEMENTS .3- CAPITAL LEASE OBI.xGATrpNS ' The Camparty has twenty five vehicles, mostly light-dutytxu . cancelable leases which qualify for capitalization under various criteria ' cks, leased under long-term, non - cancelable purchase options at the end of the lease and expire at various 2006. The value of the equipment under these ca ital' These leases contain equipment (See Note 4 _ p times through November Property and Equipment) p xd i leases is included in property and Total lease a y and is being amortized over five p Yments under capital leases for the Year ended December 31, 2001were$ 30 240. a � Future minimum rental ,40. Payments under capital lease obligations areas follows Year endin December 31, 2Q02 ,. Amount 2003 -$ 124,716 2004 124,716 2005 138, I47 2006 89,041 Years thereafter 115,204 Total future lease payments Amounts representing. interest 591,824 Present value of obligation 74,483 Portion due within one 517,341 year Long-term portion 96,446 420,895 1a. ASSIGNMENT OF RIGHTS AND PROPERTY UNDER INDEMNITY In order to Procure a AGREEMENT p bonding line, the company has assigned certa-i.0 rights and property as collateral to secure its obligations under the indemnity agreement. �' PnuCzpally of rights under constxuctian contracts, subcontracts, insurance p Y es claims. The Property assigned consists of all here rights consist P ny and equipruent,e ash. sand accounts receivable, pro e �Icak�k�k�.kMe�k�k+k:k*,k�tk�k*�k�k�k.�k��k�r'k�k�k�k,k�k�ok�:k�p 12 of Tamarac Exhibit 3 Temp. Reso. #10089 Division THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THEJ�NER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCTERMINATE THE AWARD AND/OR CONTRACT. (Sig ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of Florida County of Miami -Dade 2003 On this the 15 day of January ,--002-f before me, the undersigned Notary Public of the State of Florida, personally appeared Juan C. Vila 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: TAR4�e,4d-4_t4C, B.1TA OffzLORIDA _°C0MMiS5i0A,# DD140027 !Xli"'AamnNo ('%ffie of I blic: Print, Stamp, or Type as Commissioned) Wpersonally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or 2"D' ID NOT take an oath Page 5 of 5 Offeror's Qualification Statement City of Tamarac Exhibit 3 Temp. Reso. #10089 °urchasing Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Vila & Son Landscaping Corp. Address City State Zip Miami. FL 33170 Phone/Fax 305-805-0066 305-805-4270 Agency/Firm Name: City of Aventura Address 19200 West Country Club Drive City State Zip Aventura FL 33180 Phone/Fax 305-466-8900 305-466--8939 Contact Name Mr. Tony Tome Agency/Firm Name: City of North Miami Beach Address 2080 NE 160 Street City State Zip Phone/Fax -948-2980 _ Contact Name Carlos Rivero 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 City of Hialeah 1 1000 Miami FL 3 172 305-470-5434 Mr. Arnie Fernandez See ,At.t anhRd for ad i ti anal --- ref .ArPn es.- _ Page 1 of 1 References VILA AND SON LANDSCAPING CORP. Exhibit 3 Temp. Reso. #10089 MAJOR PROJECTS COMPLETE❑ NAME OF PROJECT: 2000 OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: 41 Street Miami Beach City of Miami Beach John De Pazoz 305-673-7490 Vila and Son Landscaping Corp. $932,030.00 2000 Yacht Club ® Portofino Miami The Related Group Chase Construction Roberto Rocha 305-460-9900 $226,355.00- 2000 Griffin Rd-SR818 Broward Co. F.D.O.T. Roger Hawkins 954-792-4205 Triple R Paving $124,635.00 2001 Aventura Blvd Aventura City of Aventura Tony Tomei 305-466-8900 Vila and Son Landscaping Corp. $1 ,105,860.00 1999 St. Andreus at the Springs Palm Beach County Springs The Related Group Roberto Rocha 305-460-9900 Fortune Construction $662,475.00 2000 Biscayne 4 City of Aventura Aventura Tony Tome! 305-466-8900 Vila and Son Landscaping Corp. $873,960.00 1999 Page 1 VILA AND SON LANDSCAPING CORP. Exhibit 3 Temp. Reso. #10089 MAJOR PROJECTS COMPLETED NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: Okeechobee Interchange Palm Beach Co. Florida Department of Transportation The DeMoya Group Demoya 305-255-5713 $689,545.00 2002 City Place Palm Beach Co. Palladium Group Frank Zaremba 561-832-4995 Whiting -turner $1 ,330,000.00 2000 Pt. St. Lucie Blvd. Palm Beach Co. FDOT Vila and Son Landscaping Corp. $495,625.00 2001 Biscayne 4 North Miami Beach City of North Miami Beach Mr. Carlos Rivero 305-948-2980 $386,255.00 2000 Pinetree Park Miami Beach,.FL_ City of Miami Beach John De Pazos (407)939-0938 $226,850.00 2000 Lummus Park Miami Beach City of Miami Beach Vila and Son Landscaping Kevin Smith (305)673-7730 $453,360.00 2000 Page 2 VILA AND SON LANDSCAPING CORP. Exhibit 3 Temp. Reso. #10089 MAJOR PROJECTS COMPLETED NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: -. LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: The Enclave ® Naples Naples, FL The Related Group Current Builders Roberto Rocha 305-460-9900 $869,035.00 2001 SR821 Heft Dade Co. F.D.O.T. The Demoya Group 305-255-5713 $133,755.00 2001 So. County Neighborhood Broward Co. Broward Co. Jim Allen (954)384-4440 Smith and Company, Inc. $173,430.00 2001 Sunrise Blvd. SR 7 Broward Co. FDOT Kevin Flynn 954-975-4855 L.G. DeFelice Construction $438,325,00 2000 Cleveland Clinic Weston, FL Centex Rodgers Inc. Larry Hawthorne (305)932-6022 $612,630.00 2001 Holiday Park Broward Co. Zurgui Construction Eduardo Gonzalez 305-221-6100 $707,760.00 2001 Page 3 VILA AND SON LANDSCAPING CORP. Exhibit 3 Temp. Reso. 410089 MAJOR PROJECTS COMPLETED NAME OF PROJECT: Weston Road LOCATION: Weston, FL GENERAL CONTRACTOR: Triple R Paving CONTACT PERSON: Roger Hawkes (305)944-4205 CONTRACT AMOUNT: $312,270.00 COMPLETED: 2001 NAME OF PROJECT: F.D.O.T. I-95 Landscaping LOCATION: Broward Co. OWNER: Florida Department of Transportation CONTACT PERSON: Mr. Carl Higgins. (954)972-1760 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $3,176,998.00 COMPLETED: 1998 NAME OF PROJECT: Buena Vista Dr. Widening LOCATION: Orlando, FI. OWNER: Reddy Creek Improvement District GENERAL CONTRACTOR: Walt Disney Imagineering, Inc. CONTACT PERSON: Larry Harlos CONTRACT AMOUNT: $624,797.00 COMPLETED: 1998 NAME OF PROJECT: Universal City Resorts Area Landscaping Ph 1 LOCATION: Orange Co. ` OWNER: Universal City Development Parners Mr. John Fitzgibbon (407)248-7500 GENERAL CONTRACTOR: Vila and Son Landscaping Corp. CONTRACT AMOUNT: $2,938,000.00 COMPLETED: 1998 NAME OF PROJECT: Disney's Animal Kingdom "Advance Planting" LOCATION: Orlando, FI. GENERAL CONTRACTOR: Martin K. Eby, Inc. CONTACT PERSON: Mr. Ed Wastall (407)824-8236 CONTRACT AMOUNT: $3,320,000.00 COMPLETED: 1998 NAME OF PROJECT: Miami Northwestern High School LOCATION: Miami - Dade County OWNER: Miami - Dade County Public Schools GENERAL CONTRACTOR: Gsaton-Thaker General Partners CONTACT PERSON: Mr. Ken Potter CONTRACT AMOUNT: $254,993.00 COMPLETED: 1998 Page 4 VILA AND SON LANDSCAPING CORP. Exhibit 3 Temp. Reso. #10089 MAJOR PROJECTS COMPLETED NAME OF PROJECT: LOCATION: OWNER: GENERAL CONTRACTOR: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: GENERAL CONTRACTOR: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: Northshore Improvements Miami Beach, FI. City of Miami Beach S.I. Nicholas Samir Nocholas (954)593-4848 $780,309.00 1998 Aventura Boulevard Streetscapes Aventura, FI. City of Aventura Mr. Robert Sherman (305)466-8900 Vila and Son Landscaping Corp. $1 ,483,122.00 1998 Gables Grand Plaza Coral Galbes, FI. The Related Group of Florida Mr. Roberto Rocha (305)460-9900 $195,150.38 1998 Brickell Yacht Club Miami -Dade County The Related Rocha Mr. Edmundo Gonzalez (305)460-9900' $256,310.00 1999 Ocean One Miami Beach, FI. John Moriarty and Associates Mr. John Leete (954)964-6110 $501 ,415.00 1999 NE 207th Street Improvements Aventura, FI. City of Aventura Mr. Antonio Tomei (305)466-8900 $1 ,109,286.00 1999 Page 5 VILA AND SON LANDSCAPING CORP. Exhibit 3 Temp. Reso. #10089 MAJOR PROJECTS COMPLETED NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: NAME OF PROJECT: LOCATION: OWNER: CONTACT PERSON: CONTRACT AMOUNT: COMPLETED: St. Andrews at the Springs Palm Beach Co. The Related Group of Florida Mr. Roberto Rocha (305)460-9900 $629,755.00 1999 NE 191 Street Improvements Aventura, FI. City of Aventura Mr. Antonio Tomei (305)466-9900 $655,178.00 1999 Page 6 of Tamarac Exhibit 3 Temp. Reso. #10089 Purchasinq 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. 5. Mae ood faith effort to continue to maintain a drug -free workplace through im e tation of this section. As the person authorized to sign the statement, I , t at this form complies fully with the above requirements. ignature Vila & Son Landscaping Corp. Company Name Page 1 of 1 Drug -Free Workplace Exhibit 3 Temp. Reso. #10089 Westfield Insurance Company Bond No.: P.O. Box 5001 Westfield Center, OH 44251-5001 (330) 887-0101 This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Contractor Name:Vila & Son Landscaping Corp Address: 20451 SW 216th St Miami, FL 33178 Phone # 305-255-9206 Obligee Name: (if different from property owner) Address: Phone # Project Description Owner's Name: City of Tamarac Address: Phone # Contractor Number: (assigned by owner) Tamarac Street Improvements -Phase IV-B Median Beautification Project Address Legal Description of Property This is the front page of the bond. All other pages are subsequent regardless of preprinted numbers. Exhibit 3 Temp. Reso. #10089 13i7+7�IM, STATE OF FLORIDA) ) ss: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we,vil & scr, Ta.T=tEg as Principal, and Westfield 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 ($_5% �) lawful money on the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. - THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated Januray 15, 2003 , 2092,- for: -Bid No.02-28B NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. Page 1 of 2 Bid Bond City of Tamarac 11• it 3 \1!0/ Temp. Reso. #10089 ACKNOWLEDGEMENT BID BOND Signed and sealed this __2nd—d8y of DeL�Z JINRESENCE yiI a L nd�� Coerp Principal 20451 S.W. 216th Street Business Address (AFFIX SEAL) ATTEST: Secretary ATTEST: Secretary *Impress Corporate Seal Miami FL 33178 City/State/Zip Business Phone Westfield Tnsurance Company surety* By Arturo F Hoyo Attorne --Tn-Fact Title Attorney- n-•Fact* Page 2 of 2 Arturo F Ho 0 By Bid Bond Acknowledgement General Exhibit 3 Temp. Reso. #10089 POWER NO. 0994802 04 Power Westfield Insurance Co. ` Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a -Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint THOMAS L. WEBB, ARTURO FRANCISCO HOYO, FRANCES L. LOUCKS, JOINTLY OR SEVERALLY of MIAMI SPRINGS and State of FL its true and lawful Attorney(s)-i n- Fact, with full power and authority hereby conferred In Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship - - - - - - - --- ----- ----- -------- ---- ---- -- -- --- -.. _ ---- -- -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANT , OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as If signed by the President and sealed and attested by the Corporate Secretary.' "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to pny bond or undertaking to which it is.attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 12th day of DUST A.D., 2002 . seatste'fe' 411YRA&%1 ''c� ;''P�` )NAC i' •,, NSG�: �. �MSUp� WESTFIELD INSURANCE COMPANY AFfixed�R� �' ,m, p �, +="!;fc�,3,, •• WESTFIELD NATIONAL INSURANCE COMPANY t do ►-; ; x _= :max='; SEAL : � : (�T� �� Rra .€ � OHIO FARMERS INSURANCE COMPANY Nt :�_ _C:�_ State of Ohio .........'"• By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 12th day of AUGUST A.D., 2002 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Al A L Affixed OP`\`11l�i jai ~ ~ William J. Kahelin, A rney at Law, Notary Public State of Ohio : %PJC,�qwj( My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss..ram '•ti9 7 E G F 0e ; I, M. Brooks Rorapaugh, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of A orney are in full force and effect. AIn Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this CZ day of r .. _ /" - A.D;� "` --EAL) - LL: SEAL :m: H I j M. Brooks Rorapaugh, Secre ry BPOAC2 (combinedl (06-021 of Tamarac Exhibit 3 Temp. Reso. #10089 _ Purchasing Division CERTIFIED RESOLUTION 1, Vz&Baudilio (Name), the duly elected Secretary of SDjj_Land_51aaP-0jj@rporate Title), a corporation organized and existing under the laws of the State of F , 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 Juan C. V'1 duly elected presi (Name)", the Vi1 (Title of Omit a Bid anOfficer) of Corporate Title) be and is hereby authorized to execute and subd/or Bi Band, if sucli 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. further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. F further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME Juan C. Vila TITLE SIGNATURE President Given under my hand and the Seal of the said corporation this 15 dayof 20p32 Januar4r ,-2002. (SEAL) By: Secretary ViJ�a & Son L ncapina Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do sq in its behalf. Page 1 of 1 Certified Resolution of Tamarac Exhibit 3 Temp. Reso. #10089 Purchasing Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or".will..not be permitted. Failure to comply with this requirement may render the Bid as nonresponsive and may cause its rejection. Work to be Performed Contractor Percent License of Total Number Contract Subcontractor's Name and Address 1.Pump Station 79-r-S-137xc--_-- Hoover 2620 NW 1 th ri- Pompano Beach FL 33067 2. Directional. Bare 3.- Electrical lel 5. [: 96E000023 1$ 12460 Miam, FL 33184 EC0000491 5% S ortsli hter Electric ite A Royal Palm Be h 411 Page 1 of 1 List of Subcontractors [a 001/002 Purchasing Division Exhibit 3 Temp. Reso. #10089 City of Tamarac "Committed to Excellence —Always" ADDENDUM NO. 1 TAMARAC STREET IMPROVEMENT PROGRAM PHASE IV-B --• MEDIAN BEAUTIFICATION BID NO, 02-28B DATE OF ADDENDUM: DECEMBER 10, 2002 OPENING DATE REMAINS THE SAME: DECEMBER 18, 2002 AT 2,00 P.M. Bidders on the project are hereby notified that this Addendum shall be made part of the above named bid document. The following items are issued to, add to, modify, and clarify the bid documents. These items shall have full force and effect as the bid document and any cost revisions as a result of this addendum to the previous bid document shall be included in the bid prices. 1. The cost of removal of the trees from NW 75th Street (as per Glatting Jackson's Landscaping Plans) shall be considered in the bidders pricing; • Sheet LS60, tree numbers 1710, 1713, and 1715. • Sheet LS61, tree numbers 1702, 1703, 1706, and 1707. • Sheet LS62, tree numbers 1691 and 1692. 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 interest of the City. 2. Investigation of field conditions by FP&L has determined the following changes to pump specifications; • Pump N and Q shall be installed as single phase pumps, available as a standard of reference from Hoover. 3. The attached drawing, number TP-03(M), sheet 1 of 1, "Typical Median Grading Detail", shall also become part of this addendum. - All other requirements shall remain the same as specified in the original bid request. If you have any questions, please call the Purchasing Office at (954) 724-2450. James Nicotra, CPPB Senior Procurement Specialist Attachment 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 a (954) 724-2450 ■ Fax (954) 724-2408 " www.tamarao.org Equal Opportunity Employer 10001/001 Purchasing Division Exhibit 3 Temp. Reso. #10089 City of Tamarac "Committed to Excellence... Always" ADDENDUM.NO. 2 TAMARAC STREET IMPROVEMENT PROJECT PHASE IV-8, MEDIAN BEAUTIFICATION BID NO.02-28B DATE OF ADDENDUM: DECEMBER 13, 2002 PLEASE NOTE: THE BID OPENING DATE OF DECEMBER 18, 2002 AT-2:00 P.M, HAS BEEN POSTPONED UNTIL FURTHER NOTICE. ADDENDUM NO. 3 WILL ADVISE THE NEW OPENNG DATE. If you have any questions, please call the Purchasing Office at (954) 724-2450, James I aNicotkra, 2PB Senior Procurement Specialist , 7525 NW 88th Avenue a Tamarac, Florida 33321-2401 ■ (954) 724-2450 n Fax (954) 724-2408 0 www.tamarac.org Equal Opporhxilly Employer 10001/009 Purchasing Division Exhibit 3 Temp. Reso. 410089 City of Tamarac "Committed to Exceilence... Always " ADDENDUM NO. 3 TAMARAC STREET IMPROVEMENT PROGRAM PHASE IV-B, MEDIAN BEAUTIFICATION BID NO.02-028B DATE OF ADDENDUM: JANUARY 9, 2003 THE NEW BID OPENING DATE HAS BEEN CHANGED TO JANUARY 15, 2003, AT 2:00 P.M. Bidders on the project are hereby notified that this Addendum shall be made part of the above named bid document. The following items are issued to add, modify and/or clarify the bid documents. These items shall have full force and effect as the bid document and any cost revisions as a result of this addendum to the previous bid document shall be included in the bid prices. 1. MOT, Mobilization, Bond costs shall be included in material costs 2. Bidder shall follow the specifications as denoted in the plans (i.e., if the plans say 100 Amps, bid as 100 Amps). 3. The Contractor is required to make connection from Electrical Service Point to the Meter, and from the Meter to the Pump, regardless of the actual distance as determined in the field. and based. on FPL recommendations. 4. The Contractor shall be responsible for coordinating all electrical work with FP&L. The Contractor must contact FP&L to schedule their portion of work. FP&L must be notified a minimum of three (3) weeks prior to the anticipated start of work. Contractor is responsible for bringing conduit a couple of feet away from the transformers and at that point a FP&L crew(s) will stand-by so that the 90 degree bend can be installed into the transformer. Prior to the arrival of FP&L on site, the Contactor must have their conduit installed and the cable pulled thru the transformer. 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 a (954) 724-245o ■ Fox (954) 724-2408 m v,nn w,tomaroc.org Equai.Opportunity Employer . ■• Exhibit 3 Temp. Reso. 410089 0. CER`TIFICk, E OF LI,ABILITy INSULT PRODUGHR N C ELa IIl OATH (MMIDOlYY) TH19 CERTI ICA IS ISSUED A AMA ER OF INFORMA—'('I64 01/13/03 Coastal xx�sura>aoe Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE tvERT1FryCATE ISO Westward Drive HOLDER THIS CERTIF3CATIs DOES NOT AMEND EXT Spring'a FL 33166-1660 ALTER TH6 COVERAGE AFFORDED SY THE POLICIES BELOW_ One:305-887-5999 IndulO=D INSURERS AFFORDING COVE AGE Vila And Son I,andsca ing Corp 33170 2p451 5,'piT, 216Ih 3tr�et Mid INSURERA: FCCI insurance Co aIn , INSURERS: CflTibb �n9L1raACt� INSURER CI INSURER D: COVERAGE$ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW DVS CONTRACT ISSUED 7O THE R INSURED PIAMED ABOUT: FOR THE, POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REgUIRgMENT TERM OR oONOITIDN OF ANY CONTRACT DR OTHER DOCUMENT WITH REgpECT TO WHICH THIS C Jt i1FIfAT6 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE! AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE $ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY NA wE BEEN REDUCED BY PAID CLAIMS: . LTR TYPE OF INSURANCE POLICY NUMBER GENERAL L AINUTY DATE MMfDpIYY DATE MMfOpm LIMITS A x COMMERCIAL GENERALLIABWTY CPP0000620 03/09/02 CACHOCCURRENCt' a1 000,000 CLAIMS ocCUR 03/09/03 FIREDAMAGE(Anyonenro) J 30Q,000 X Broad Soren Pp txl Xcv minas xnclvoen I gyp ' (a+y one Perccn) s 5,000 X Contractual F3Lp,T�KET PERSONAL RADVINJURY i 1,000 000 GEMLAGGREGATE LIMIT APPLIEBPER GENERALAGGREGATE 32 OOO,DOO POLICY RI JCT LOC PRODUCTS - COMPIOP AG,_ t 2 000 , OOO AUTOMOBILE LIABILITY A X ANY AUTO X ALL OWNED AUTOS CA0000791 03/09/02 03/09/03 COMBINl:0SINGLMLIMIT (E°wxldent) s 1,000,000 SCHEDULED AUTOS BODILY INJURY X HIRED AUTOS (Par pereon) S X NON -OWNED AUTOS BODILY INJURY X .COMP ACV$2000 Dad (Permcte9rrt) = X COLL ACTT 2000 Iced PROPERTY DAMAGE GARAGE LIABILJTY (Par9eelCent) 9 ANY AUTO AUTO ONLY. EA ACCIDENT S -�4 OTHER THAN EA ACC f EXCESS LIABILITY AUTO ONLY: AGG 9 A X OCCUR CLAIMS MADE UMA0000299 03/09/02 03/09/03 E..CHOCCURItCNCE AGGREGATE 25 000,000 s 5,000, 000 DEDUCTIBLE UMSRELIA $ X RETENTION S 0 POPId 11qCL s WORKERS COMPENSATION AND E$ LIAD s A EMPLOYERS, LIABILITY 4SS53 X Tvv ORYLJMITS ER- 04/01/02 04/01/03 E.LRACHACCIDENT 3500,000 E•L.DISEASE -EA EMPLOYEE $500,000 OTHER E,L. DISEASE - POLICY LIMIT S S00 , 000 A Equipment Floater B EIu to Prs�cta CPR0000620 03/09/02 03/09/03 $7?-hThOft 14,500,000 II' .oel;'.8170437E 10/30/02 "-10/30/03 dESCRIP'ITON DE OPER.4T10NS/LOCA71oN30NNHHIC449/C7CCLU810N5 ADDED BY ENDOASEMFN'TfSPECIAL 1000000AG 1000000@Occ PROVISIONS CERTIFICATE HOLDER N ADGmONAI INSUREpI INSURER LHTTERi CANCELLATION ALLIMC BHOULP ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PATE THEREOF, THE ISSUING INSURRRWILLENDEAVOR TOMAIL _30 DAYOWWIfEN NOTICE TO THE CERTIPIOATE HOLDER NAMED TO THE LEFT, 9uT FAILURE To DO So SHALL • IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON THE INSURER ITS AGENTS OR REPRE$ENTATNEi6. AUT}IOm ENTATIVE ACOF(p ASS (7l9T) VACORD CORPORATION 1908 Uut j VV4 ExhibiO !T*P, 2 ac# ST ,'Fr PF FLORIDA�AT A� .:P RL-IOZESS1 gj:ON A a' -NDUSTRY CENS93 er— 'I.", AaS%-q1;AA --L: V -r- 44. & 9 ,,A'S'-1 A— p`r`o'V dloja* a o ':.'Chap el 0 Expiration , date 200-Sti AUG 31 -RldXRDb -1, 14 V1. LA g; -.g 0 N' %0' 8rAPIj'jG 6825,SW.59THLSTREET MIAMI.. TL 33143 '-BT J ,Ova i LAY A R.. .:DISP QIR— By LAW SEC 1... 7 wj fe P, ... . ...... 4j Cyv1V Exhibit 3 Temp. Reso. #10089 FIasT-CLASS , us. PosTAaE PAID MIAMI, FL PERMIT NO.231 • �743"49�5. . •. lIOCLCE3'•,'• j 0 9lSINESS NAME �ENEWAL'�VILA; C'C 11"980•60 Di94• 2v �i ,SW z16'-Z.sT _ 33I7(_uN_rW1TADE'+ C8uN!ry.. OWNED VIL • SON,- LANDSCAPING "CEIRP ! S 7ype.0i;eus� s wQ:RlRS 196 • .SP'C•17t,TY ' VLUMa1NG ` ONTRACTGA.. a THIS iB AN OCCUPATIONAL TAX ONLY. R DOER NOT PPaRmi�rETEucca9e To V11BGULATORr OR ;pNMp • LAWS OF THE Cutj y OR cinEe NCR uOCs �r DO NOT FORWARD •TIIE. L1eENsEE Mr" ANY Onouicrf4t VILA C• SUN LANDSCAPING C[]Rp MR aeo eer T `CA JUAN RLDS V ILA -PRES r�Ome 20451 • SW 216 ST . uO .des ot�µiiiu4 M i A M I F L' 3 3 17 D . noN. - PAVT1gtT RECE O YU1M1.OAUE COUNTY TAX •COLLECTOR: 08./14 40.4Z ovfl:a oa1i„,III mill 11),2111.111b I��11�,�►tlr���ll»{�11 SEE OTHER SIDE EVWA lit 3 Temp. Re'so. #10089 FIRST-CLASS , US. POSTAGE so PAID MIAMI; FL PERMIT No. 231 1234A8-3 :RENrzWAL BUSINESS NAME/ LOCATION LICENSE No. 123 4!t e , aJ . VILA . &' SOW >LANDSCAPING • CORP .20451 SH_216•ST 33170••UNIN-DADE:COUNTX i OWNER -VILA.C•SONILANDSCAPING CORP sea Type of Business % EMPL• OYEES 213:LAWNJL•ANDSCAPEITR:EE SERVICE .64 • THIS g AN OCCUPATIONAL TAX ONLY. rr DDEl NOT PERMIT THE 410CM1 TO YlOUuTG ANY EX161l14 RECulaToflr Oq iONMIQ vue OF T"° coumY OR ;� r3� 110 � 00 NOT FORWARD FROM ANT O711°fl LAWN" VILA. 6 SON- LANDSCAPING CORD I°u"w°°.°RTMY 12 NO �A JUAN CARLOS- VILA PRES uc"T'"C w "ouulFic" 0'51 - S w 216 5 T 1"0 MIAMI FL 33170 PATNENT flECCNCD • COLLECMFI COUNT/ TAX COLLECI�q: U8.6 '.Op3q OOQ43513/2002 000,48a3,Qo SEE OTHER SIDE EVENt 3 Temp. Rho. #IQ089 Y111STi6LASi. p D MAO PL'," .FFFkW,-N0-: 23t C 40-�J-,` k-A", N -D N c 4" akp— :cQvj4T. %Ut4l). • �61 I RKEF ig •c-Tak "A 0 t -e-R- 'SSDO NOT FORWARD VILA S O'N LANDSCAPING CORP Cyr JUAN CARLOS VILA 20451 Q. q U." SW 216 'MIAMI ST Fl�-33170 PAYME . h,-111,11.11 SEE OTHER SlbF E2*ibA 3 Tamn RPcn 910AR0 [� Ap n CERTIFICATE OF COMPETENCY u 1iV Detach and SIGN the reverse side of this Q--'COUNTY card IMMEDIATELY upon receipt! You should carry this card with you at all times. CABALLERO, ARIRL 1600 Sk 991 CT MIAMI FL 33165 503-207 (Rev. 4102) C0��� �P�t� . • C -qW plea' t 4 r �io�CC J 9 lOP ��qG •,+ r cr��rnQt1Ta�aP 14 j No Text Exhibit 3 Temp. Reso. #10089 vvi .,.,i Fuvc tc. y-k 1r^A aa aua UUgp v i LA AVV SUN YARD ExIAM413 THIS IS TO CERTIFY THAT: Rack Leal CERTIFICATION #_ . C33 65 IS A DULY QUALIFIED FLORIDA CERTIFIED LANDSCAPE CONTRACTOR Expires; 1/31/03 Exhibit 3 Temp. Reso. # 10089 Yll LO Lo CO . r Exhibit 3 Temp. Reso. #10089 Exhibit 3 Temp. Reso. #10089 ZM M c ca qw 1 wee 0 0 hi 4 Q 0.. o n o • xo' U v u 01/2JAN.23.2003: )r 3:03PN724 VILA & SON MIAMI t=� `' ruit�.n�s,���•y N0,073 P.1' Exhibit 4 city of Tamarac "Committed to Excellence...AhNaYs" PurchcaBing and Contracts Division January 22, 2003 Attention: Mr. William Quinterro, General Manager x Via & Son Landscaping Corporation 20451 SW 21 a Street Miami, FL 33170 RE: Bid Submittal for Tamarac Street Improvements -Phase 1V-13 No. 02-288, Median Beautification Mr. William Quinterro or an officer of the Firm Temp. Reso. # 10089 As you know, Vila & Sons Landscaping Corporation was the law apparont bidder for the above referenced project. In order to recommend award, as a matter of standard policy, I need either for you or an officer of your firm to sign below indicating that Vila & Son have re -reviewed the scope of work for the project and that the bid price submitted was as intended. Please review, sign and fex this letter to me later today if possible at (954) 724- 2408 Attention, James Nlcotm, Purchasing Division, City of Tamarac. Vila & Son Landscaping Corporation has re -reviewed the project scope of work -- - _..,__.:s,,—A ..,ESL• �e Intonrigd. 7625 NW E3 th Avenue ■ TvMWac, Florida 33321-2401 ■ (9" 724-2460 ■ Fax (454) 724-2406 m www.tamarac.org EqL" opportunity E T00yer GLATTING Exhibit 5 J A C K S O N Temp. Reso. # 10089 KERCHER ANGLIN LOPEZ RINEHART William ].Anglin,Jr. January 29, 2003 David L. Barth revised February 11, 2002 Jay H. Exurn Jack F. Glatting Carey S. Hayo Jay R. Hood Timothy T. Jackson Lee Rowbotham William C. Kercher,Jr. City of Tamarac Walter M. Kulash 6011 Nob Hill Road Sharon K. Lamantia S. Raymond Lopez Tamarac, Florida 33321 John H.Percy John E Rinehart Re: Tamarac Roadway Resurfacing Program Phase IVB Frances E. Channdledle Gregory A. a Bid No. 02 28B r David R. Claus Bid Review Charles P. Cobble Michael R. Cochran Jeffrey S. Collins David, Richard E. Durr, Jr. A. Blake Drury Bruce C. Hall Glatting Jackson has re -reviewed the Bids for the above referenced project that were David M. Kutner received by The City of Tamarac on January 15, 2003. Three (3) bids were received Frank A. Jaskiewicz Gail D. Lacey (two have been revised to correct errors or omissions) and are listed in ascending Brent A. Lacy order: William D. Lites Ian M. Lockwood Jeffrey F Manuel 1. Vila & Son Landscape Corp. $3,113,296.92 Edward J. McKinney Thomas J. McMacken, Jr. 2. MBR Construction, Inc $4,205,574.33 Randall S. Mejeur 3. APAC $5,274,096.95 Douglas A. Metzger John J. Moore III Balraj N. Mohabeer 4. Based on our review of the bids, Glatting Jackson takes no exception to the Kirk J. Olney award of the contract to Vila & Son Landscape Corp. in the amount of Timothy R. Palermo Kelley Samuels Peterman $3,113,296.92. Heather J. Phiel Troy P. Russ Jodi L. Rutmann Should you have questions or comments, please do not hesitate to call. Peter C. Sechler Nathan P. Silva Jeff M. Sugar Sincerely, Laura Urbnik Ronald L. G. Waa deeaWalklkerer � Gary E-Warner Donald G. Wishart Kirk J. Olney, ASLA Community Landscape Architect Planning 222 Clematis Street Suite 200 West Palm Beach Florida,33401 P: 561 659 6552 F: 561 833 1790 www.glatting.com License # EB 0005512 LC C000049 fVat Palm Beach • Orlando of -Tamarac Purchasing & Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND VILA & SON LANDSCAPING CORP. THIS AGREEMENT is made and entered into this 9 day of 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") and Vila and Son Landscaping Corp., a Florida corporation with principal offices located at 20451 SW 216 Street, Miami, FL 33170 (the "Contractor") to provide for construction of median beautification related to. the Tamarac Street Improvement Program Phase IV-B including landscaping, irrigation, brick pavers, and electrical work as specified in Bid 02-28B. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, conditions of the contract (General, Supplementary and other Conditions), drawings, specifications of Bid #02-28B, 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 herein. 2) The Work The Contractor shall perform all work for the City required by the contract documents and Bid 02-28B as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary as indicated in the specifications herein and generally includes the construction of landscaping, irrigation, brick pavers and electrical work. b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. e) The Contractor agrees to provide and install all items and improvements detailed in the contract document plans and bid sheets, Bid No. 02-28B. Page 1 of 7 ---...�. City of Tamarac.................._._r..... _._ PurchasingContracts Division...—� 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self- insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than 365 days after the date that Contractor receives Notice to Proceed and Purchase Order. 5) Contract Sum The Contract Sum for the above work is Three million One Hundred Thirteen Thousand Two Hundred Ninety-six Dollars and Ninety -Two cents ($3,113,296.92). 6) Payments Payments will be made in accordance with contract documents and Bid No. 02-28B. Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. Invoices must bear the project name, project number, bid number and purchase order number. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. 8) Warranty Contractor warrants the work against defect for a period of one year(s) from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required in Technical Specifications and Terms and Conditions. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. Page 2 of 7 City of Tamarac Purchasing & Contracts Division All portions of Phase IVB of the Road Resurfacing Program are to be completed according to the schedule denoted in Table 2 (attached). Once all work has been completed on a grouping of roadway segments, and the City has indicated, in writing, the final acceptance of landscaping, irrigation, brick paving, and electrical work within said grouping, maintenance of the said roadways will be entirely the responsibility of the City. Contractor will be responsible for the coordination of all work to complete specific grouping of roadways before other groupings are commenced. The one (1) year warranty period for the Project does not begin until final acceptance of the entire project has been given and the Payment and Performance Bonds are released. 9) Indemnification The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non- discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. Page 3 of 7 City of Tarnarac Contracts Division Purchasing &Contra ........... - — - -- --- — - ..- --- Pur�ha.... - — -..... 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. Is 1.INC1 City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Juan Vila President Vila & Son Landscaping Corp. 20451 SW 216 Street Miami, FL 33170 P: 305-805-0066, F: 305-805-4270 14) Termination Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Contractor, 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 Contractor 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 Contractor 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 and 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. Page 4 of City of Tamarac Purchasing & 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. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. Page 5 of 7 City of Tamarac Purchasing & Contracts (division 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 Vila & Son Landscaping Corp., signing by and through its President, duly authorized to execute same. ATTEST: Marion Swenson, CMC City Clerk Date ATTEST: 1((orp"orateSecre ary) Baudilio Vila Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Schreiber, Mayor 01 —je--ffrej L M' er, City Manager bat /App)7,as t fo gal sufficiency: Mitc ell . ILaMt, ity ey Date /.wu�scaping Vila & SCorp. •i • - Sig Juan C. Vila President Type/Print Name of President O� Date Pape 6 of 7 City of Tamarac -_.___-- .._._-- Division e A Purchasing & Contractsi . _.._..sio ._ CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Juan C. Vila, President, of Vila & Sons Landscaping Corp., 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 Api,I, 2003. Si atIyr ��tary Public �b+ppYp{�a•,,�� at Large o. Expim Aug. 6, 2Q06 Aarou Notary '.�qF4�,�.�� i.go0�35GS161 Print, Type or Stamp Name of Notary Public VPersonally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or b��DID NOT take an oath. Page 7 of 7