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HomeMy WebLinkAboutCity of Tamarac Resolution (99)Temp. Reso. 9712 Page 1 March 12, 2002 Revision 1 — March 18, 2002 Revision 2 — March 21, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING PHASE IV -A OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM; AWARDING BID NUMBER 02-15B TO GENERAL ASPHALT COMPANY, INC., EXCLUDING THE PORTION OF THE BID RELATING TO THE CONSTRUCTION OF TURN LANES; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC.; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $4,119,049 WHICH REPRESENTS A CONTRACT AWARD OF $3,744,590 AND A PROJECT CONTINGENCY OF $374,459; AUTHORIZING THE CITY MANAGER TO MAKE NECESSARY ADDITIONS, DELETIONS OR REVISIONS TO THE PHASE IV -A WORK PLAN 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, three phases of this Program, totaling approximately 101 miles of City streets have already been completed; and WHEREAS, the rehabilitation of an additional 22.81 miles of roads as a part of this Program, a copy of which is hereto attached as Exhibit 1, is being proposed as Phase IV -A; and Temp. Reso. 9712 Page 2 March 12, 2002 Revision 1 — March 18, 2002 Revision 2 — March 21, 2002 WHEREAS, the City of Tamarac publicly advertised Bid Number #02-1513 for the rehabilitation of streets included in the Phase IV -A Work Plan in the Sun -Sentinel on December 9th, 16th and 23rd, 2001, hereto attached as Exhibit 2; and WHEREAS, on January 14, 2002, the following six (6) bids were opened and reviewed to determine cost and responsiveness to the City's specifications: ; and Bidder Cost $ General Asphalt Company, Inc. $3,744,590 Community Asphalt Corporation $4,149,963 APAC — Florida, Inc. $4,225,714 H & R Paving, Inc. $4,643,096 Hardrives, Inc. $4,776,533 Pavex Corporation $4,805,674 WHEREAS, based on the bid results it was determined that General Asphalt Company, Inc. was the lowest responsive and responsible bidder, Inc; and WHEREAS, it is recommended that expenditures in an amount not to exceed $4,119,049 be authorized based on General Asphalt Company's submitted bid price of $3,744,590 and a construction contingency of $374,459 to account for fluctuations in material prices, variances in quantities and unforeseen field conditions; and WHEREAS, available funds exist in the Street Improvement Program budgetforthe aforesaid purpose; and WHEREAS, the City Manager is authorized to make necessary additions, deletions or revisions to the Phase IV -A Work Plan in order to account for changes in the construction schedule, the re -phasing of individual roadway segments identified within the Temp. Reso. 9712 Page 3 March 12, 2002 Revision 1 — March 18, 2002 Revision 2 — March 21, 2002 Seven Year Comprehensive Street Improvement Work Plan, and to avoid unnecessary costs associated with contractor mobilization pursuant to Section 6-156 of the Code of the City of Tamarac, Florida; and WHEREAS, it is recommended by the Public Works Director and the Purchasing/Contracts Manager that the City award Bid Number 02-15B to General Asphalt Company, Inc. for curbing, milling and resurfacing in the amount of $3,744,590. It is further recommended that an expenditure in an amount not to exceed $4,119,049 be authorized; 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 Number 02-15B to General Asphalt Company, Inc. in an amount not to exceed $3,744,590. 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 -A Work Plan, identified in Exhibit 1 is HEREBY APPROVED. SECTION 3: The appropriate City Officials are HEREBY AUTHORIZED to award Bid Number 02-15B to General Asphalt Company, Inc. for curbing, milling and resurfacing, excluding the portion of the bid relating to the construction of turn lanes, and close the bid award including but not limited to making final payment and releasing bonds when the work has been satisfactorily completed within the terms and conditions of the Temp. Reso. 9712 Page 4 March 12, 2002 Revision 1 — March 18, 2002 Revision 2 — March 21, 2002 contract. SECTION 4: The appropriate City Officials are HEREBY AUTHORIZED to execute an agreement with General Asphalt Company, Inc, awarding a contract for resurfacing streets under the Phase IV -A Work Plan, a copy of said agreement being hereto attached as Exhibit 3. SECTION 5: A total expenditure in an amount not to exceed $4,119,049 is HEREBY AUTHORIZED, which represents a contract award of $3,744,590 to General Asphalt and a project contingency of $374,459. SECTION 6: The City Manager is HEREBY AUTHORIZED to make necessary additions, deletions or revisions to the Phase IV -A 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. E 1 1 SECTION 10: passage and adoption. Temp. Reso. 9712 Page 5 March 12, 2002 Revision 1 — March 18, 2002 Revision 2 — March 21, 2002 This Resolution shall become effective immediately upon its PASSED, ADOPTED, AND APPROVED this 10th day of April, 2002. ATTEST: MARION SWLZN90N, CMC CITY CLERK I HEREBY CERTIFY that I hnSo xved this ON as to form. ITCHELL S. !yR FT CITY ATT0ItNE I JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A-yel DIST 1: V/M. PORTNER Ayg DIST 2: COMM. MISHKIN Aye/ DIST 3: COMM. SULTANOF_Aye, DISL"OMM. ROBERTS A -ye, AGREEMENT BETWEEN THE CITY OF TAMARAC I, GENERAL ASPHALT COMPANY, INC. THIS AGREEMENT is made and entered into this 10 day of 'r ri 2002 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 General Asphalt Company, Inc., a Florida corporation with principal offices located at 4850 N.W. 72 Avenue, Miami, Florida 33166 (the "Contractor") to provide for Tamarac Street Improvement Project - Phase IV -A. 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, all addenda issued prior to, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. 2) The Work The Contractor shall perform all work for the City required by 7;- contract/o2 documents pursuant to Request for Bids #02-15B and as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to resurface approximately 23 miles of the City streets, as identified in Table 1 and Figure 1. The work shall include surface preparation, sanitary manhole and water valve adjustment, driveway adjustment, milling selected streets, crack sealing, applying a tack coat, placing leveling and surface courses, providing multiple lifts of asphalt as necessary, and applying temporary and permanent pavement marking, in accordance with these specifications. b) Contractor shall also furnish all materials, labor and equipment, and performing all operations in connection with Type " D" and/or Type "F" curb construction, including, but not limited to, permitting, demolition, saw cutting, site preparation, grading, curb construction, asphalt work, traffic markings, and restoration. All work shall be in accordance with the lines, grades, notes and sections shown on the drawings. c) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. d) 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. e) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. f) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and priorto any schedule change with the exception of changes caused by inclement weather. g) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk and Safety Officer before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's and Safety Officer certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than 15 days after the date that Contractor receives Purchase Order. The work shall be substantially completed no later than 365 days from Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Three Million Seven Hundred and Forty - Four Thousand, Five Hundred Ninety Dollars and 54/100 cents ($3,744,590.54). 0a 6) Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or contractors who worked on the project that is the subject of this Agreement. 8) Warranty Contractor warrants the project 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. 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. 3 11) Independent Contractor Contractor is an independent contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 13) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. XM City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Robert A. Lopez, President General Asphalt Company, Inc. 4850 N.W. 72 Avenue Miami, Florida 33166 305-592-3480 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 4 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. b7 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 General Asphalt Company, Inc,signing by and through its President duly authorized to execute same. ATTEST: Marion Swen4on, CIVIC City Clerk O,2 Date ATTEST: (Corpo to Secretary) Type/Print Name of Corporate Secy. v.C�B°Q(s0ap c (COF,PQITE�8EAL) �© � �3v m c CITY OF TAMARAC f Joe reiber' Mayor /2, 2002- ate Jeffrey L. MAIAr, Cly Manager 2, 2002 Date GENERAL AS LT COMPANY, INC. Company re of P Robert A. Lopez, President Type/Print Name of President/Owner Date CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF howl -"OE I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate aforesaid and in the County aforesaid to take acknowledgments, personally appeared Robert A. Lopez, President of General Asphalt Company, Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this day of FP-eevg,eY , 20 oa OFFICIAL NOTARY SEAL GEORGE CURTIS SIMPSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC985903 MY COMMISSION EXP. DEC. 28,2004 Signature of Notary Public //'� State of Florida at Large 6J` 2'PltE (BUR TS Print, Type or Stamp Name of Notary Public X Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or & DID NOT take an oath. EXHIBIT 1 Road Resurfacing Program - Phase IVA STREET FROM STREET TO STREET LENGTH WIDTH AREA LAGOS DE CAMPO NW 88 AV NCNAB RD 5,065 35.7 20,090 MCNAB RD CAPTIVA DR WEST END 261 23 668 MCNAB RD NOB HILL RD NW 104 AV 1,283 47.8 6,816 MCNAB RD NOB HILL RD NW 89 AV 4,248 46.3 21,853 MCNAB RD NW 104 AV NW 108 AV 1,728 23 4,415 MCNAB RD NW 108 AV CAPTIVA DR 485 23 1,240 NW 108 TE MCNAB RD NW 80 ST 6,644 40.6 29,972 NW 47 TE COMMERCIAL BV NW 49 CT 1,228 30 4,094 NW 47 TE ISLAND CLUB DR COMMERCIAL BV 852 38 3,598 NW 50 ST NW 47 TE NW 48 WY 704 36.3 2,838 NW 57 ST NW 64 AV EAST END 1,315 20 2,923 NW 57 ST UNIVERSITY DR NW 64 AV 5,291 20 11,759 NW 57 ST NW 94 AV PINE ISLAND RD 2,587 39 11,212 NW 57 ST PINE ISLAND RD UNIVERSITY DR 5,274 20 11,719 NW 64 AV COMMERCIAL BV BAILEY RD 1,247 49.4 6,845 NW 70 AV COMMERCIAL BV NW 57 ST 401 36 1,605 NW 70 ST NW 88 AV NW 80 AV 3,575 43.6 17,319 NW 75 ST NW 88 AV NW 80 AV 3,678 41.8 17,083 NW 77 ST NOB HILL RD PINE ISLAND RD 4,783 40.5 21,524 NW 80 AV MCNAB RD NW 82 ST 5,583 42 26,056 NW 80 ST NW 108 TE NOB HILL RD 2,666 40.3 11,938 NW 81 ST NOB HILL RD PINE ISLAND RD 4,284 41.6 19,804 NW 81 ST PINE ISLAND RD NW 82 ST 3,781 41.6 17,477 NW 84 AV MCNAB RD NW 70 ST 392 24 1,045 NW 84 TE COMMERCIAL BV NW 57 ST 417 18 833 NW 84 TE NW 57 ST LAGOS DE CAMPOS 3,178 35.7 12,606 NW 94 AV COMMERCIAL BV NW 60 ST 2,260 43.5 10,922 SABAL PALM BV E ROCK ISLAND RD BAILEY RD 2,628 38 11,098 SOUTHGATE BV UNIVERSITY DR CITY LIMIT 3,931 45.9 20,047 SOUTHGATE BV NOB HILL RD PINE ISLAND RD 3,916 45.9 19,970 SOUTHGATE BV NOB HILL RD WEST END 4,618 45.9 23,554 SOUTHGATE BV PINE ISLAND RD UNIVERSITY DR 5,529 45.9 28,198 WOODLANDS BV COMMERCIAL BV BAILEY RD 2,722 41.9 12,674 NW 73 TE NW 76 ST NW 75 ST 249 22 608 NW 73 TE NW 76 ST NW 76 CT 248 22 605 NW 74 AV NW 76 ST NW 75 ST 247 22 604 NW 74 TE NW 76 ST NW 75 ST 245 20 545 NW 74 TE NW 76 ST NW 76 CT 251 20 558 NW 75 AV NW 76 ST NW 75 ST 244 22 595 NW 75 ST NW 73 TE EAST END 65 31 225 NW 75 ST NW 73 TE NW 75 AV 700 31 2,413 NW 75 ST NW 76 CT Access Road NW 22 AV NW 58 ST SAGO PALM BV NW 16 AV NW 16 TE NW 19 WY NW 45 CT NW 75 AV NW 74 TE NW 47 TE NW 53 ST NW 70 AV ROCK ISLAND RD NW 45 CT NW 45 CT NW 45 CT NW 16 WY WEST END NW 73 TE SUNSHINE PLZ NORTH END NW 68 TE BAYBERRY LN NW 46 ST NW 46 ST NW 46 ST JNW 16 AV 140 31 504 21 516 20 821 20.6 1,264 24 667 24.6 700 20 667 19 231 20 325 20 483 1,175 1,146 1,880 3,370 1,822 1,556 1,409 513 72:2�:j 1 /24/02 Road Resurfacing Program - Phase IVA NW 45 CT NW 19 TE NW 19 WY 261 20 579 NW 46 ST NW 17 WY NW 16 AV 812 20 1,804 NW 46 ST NW 19 WY EAST END 621 20 1,380 NW 16 WY PROSPECT RD NW 46 ST 775 20 1,722 NW 17 AV NW 45 CT NW 46 ST 596 20 1,324 NW 17 TE NW 45 CT NW 46 ST 561 20 1,247 NW 17 WY NW 45 CT NW 46 ST 526 20 1,168 NW 19 AV NW 45 CT NW 46 ST 343 20 762 NW 19 TE PROSPECT RD NW 45 CT 134 20 297 NW 19 TE NW 45 CT NW 46 ST 272 19.2 579 NW 45 CT NW 19 WY EAST END 373 20 829 NW 45 CT NW 16 WY NW 17 WY 486 20 1,081 NW 25 TE COMMERCIAL BV NW 48 ST 572 20.1 1,278 NW 46 AV NW 49 CT NW 48 ST 355 13.6 537 NW 26 TE COMMERCIAL BV SOUTH END 689 18.9 1,448 NW 26 WY NW 49 ST ACCESS RD 280 20 623 NW 27 AV NW 49 ST ACCESS RD 251 20 558 NW 27 TE NW 48 ST ACCESS RD 499 20 1,108 NW 27 WY COMMERCIAL BV NW 48 ST 447 20 992 NW 28 AV NW 48 ST ACCESS RD 384 20 853 NW 29 AV COMMERCIAL BV NW 48 ST 173 20.6 397 NW 29 TE COMMERCIAL BV NW 46 ST 743 19 1,569 NW 30 TE COMMERCIAL BV NW 46 ST 684 19 1,444 NW 46 ST NW 30 TE NW 29 TE 1,105 19.6 2,407 NW 48 ST NW 25 TE NW 26 TE 360 20 801 NW 48 ST NW 29 TE NW 27 TE 1,351 20.6 3,093 NW 48 ST NW 30 TE NW 29 TE 1,195 20 2,655 NW 49 CT NW 25 TE NW 26 TE 368 20 817 NW 49 ST NW 26 TE NW 27 TE 522 20 1,159 Total (L.F.): 120,377 (SY): 468,532 Linear Miles: 22.80 1 /24/02 1 • Y • T` 2t Pill M - IL • r: •t • LM •—fit EEE it �`E • fsT- HIMoil 01/081/ 0 `11:13 FIX 954 71.4 .9408 CITY-T.AILAILIC-PU'RCH.-ISIYG ATTACHMENT "A" BID FORM. (cantfnuscy BID NO.02-15B The City of Tamarac is hereby requesting Bids, from qualified vendors, for construction of Phase IV -A of the Street Improvement Program. In order to be considered for this project, the vendor must meet the following conditions: We propose to furnish the following in conformity with the'specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. PAY ITEM UNIT QUANTITY UNIT COST COST Leveling Course W thickness(Asphalt Type $-ill) Ton (T) 11,713 -9 4 2, CSC, 14 .. Surface Course 1"-1 %7 thickness (Asphalt Type S-III) T 29,283 , . uG 1Jji0,i-32.00 Surface Course 1 W thickness (Asphalt Type S-r) T 7,398 �,2 .v Mobilization Per Milling Lump Sum t io. vo . 00 -t 10 0©c, .00 Mihing 1" off Asphalt Square Yard (SY) 414.490 '' d, Mf j71; 6c Tack coat, Emulsified Asphalt, AEP Gallon 18.937 '11, a C 18 9:37 c 0 Sanitary Sewer Manhole Adjustment (1" riser) Each 436 $ 6-, co 43647t6C � 0 v Sanitary Sewer Manhole Adjustnumt (Milling) Each 65 3d.,0p i 9.yC9-6 Water Valve Adjustment Each 66 J 2.5 .0d 0 j T -7 vo Striping-6" Wide Double Yellow Solid LF 28.601 t 0 ,18 1 bF...$ . Striping-1 . Wide White Solid LF 5,712 11 ) Z;6 4 7191, 12 Striping4r Wide Yellow Solid LF 2.726 ogaj if i 1 , - 4" Wide temporary Paint LF 30,000 0 . q. 04. U-40, 00 Reflective Pavement Markers Each 1,000 4, L v 4 coo _ V& Concrete Curbing - Type 00" 176,449 4- o 1 o jj� .s9+ W Concrete Curbing - Removal LF 129.448 _4 1. 5 0 j 41 _SP Total N 3 JA4. ` 54- xevised 1 /7/02 50 _A O1!03!-02 11:13 F_kX 951 724 2408 CITY-T.�R.AC-PURCHASING G�u4'7u0 ATTACHMENT "A" BID FORM (continued) BID NO.02-16B Unit prices furnished below are for incidental items or components which the Contractor may be required to furnish as a part of the Work identified in the Contract Documents. Pay Items listed shall be provided in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. PAY ITEM UNIT Quantity UNIT COST Crack Sealing LF N/A _ • 0 a Prime Coat. Emulsified Asphalt, AEP--Gallon NIA �, _50 Clean Sand Y NIA Driveway Adjustment by Cut and Match Ea NIA `©o-00 ging of Grass Linear Feet (!.F) N/A C ; O Surveying Per our; N/A 4 I Co. bc) Striping47 Wide Double Yellow Solid LF NIA I C , elo Symbol Pavement Marking Each NIA —N/A ' 50.100 Messages Each 1 L 6. o v oncxete Curbing —Type "F" LF N/A I.T, Concrete Curbing — 6- Extruded LF NIA 5 , 5d Brick Pavers (Square Feet) SF N/A 7,00 S (Bahia) — including top soil SY N/A 5.1 Sod (St. Augustine) — including top soil SY N/A y Alternate - Turn Lane Construction — use of brick pavers in traffic separator Each 41 t3Q Alternate - Turn Lane Construction — use of color stained concrete in traffic separator Each ! 41 Notes Acolvino to Bid Ifen,W. Quantities, as identified in the Schedule of Quantities and Price section, are for estimate purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and acceptedat the contract unit price. 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 shalt be allowed unless approved in advance by the City. All unit prices provided as a part of the bid shall include all costs relating to the Maintenance of Traffic and any and all required safety equipment. Turn Lane Construction - Includes all materials, labor and equipment including but not limited to the cost of excavation, site preparation. grading, base, subgrade, roadwork and concrete construction. compaction, backfilling, pavement restoration, traffic striping and testing. Curb Construction Type D or F — Includes all materials, labor and equipment Including but not limited to the cost of excavation, saw cutting, site preparation, grading, curb construction, compaction, bacldilling, pavement restoration and testing. Curb Demolition — includes all work components necessary to demolish and remove existing extruded curbing. Bride Pavers — In addition to the placement of brick pavers the unit price shall include the cost of providing and Installing all specUled stabilization material, setting sand and swept sand as well as all compaction required. Grass Sod — Includes all materials, labor and equipment required for establishing grass areas including grading, placement of topsoil, dressing and fill to establish. final grade, establishment watering and maintenance until acceptance. s .Rzdgii�d 11 /02 51 ATTACHMENT ' A' BID FORM (continued) BID NO.02-15B The CITY reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the CITY within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. 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 riotto award the bid on a split order basis, lump sum or individual item basis unless ise sta tpW . 1 �. AL AseaAL Company Namerorized Signa 4-9 50 N. W. 72. AV Address tAL^Mt R.& MI DA► -1316 6 City, State', ZIP Contractor's License Number Ran E e;r d E- P F z Typed/Printed Name {3056—oSO— 7y"4475' Telephone & Fax Number 5i9~ it 52-97 Federal Tax ID# 52 EXHIBIT 1 Road Resurfacing Program - Phase IVA TEMP. RESO. 9712 STREET FROM STREET TO STREET LENGTH WIDTH AREA LAGOS DE CAMPO NW 88 AV NCNAB RD 5,065 35.7 20,090 MCNAB RD CAPTIVA DR WEST END 261 23 668 MCNAB RD NOB HILL RD NW 104 AV 1,283 47.8 6,816 MCNAB RD NOB HILL RD NW 89 AV 4,248 46.3 21,853 MCNAB RD NW 104 AV NW 108 AV 1,728 23 4,415 MCNAB RD NW 108 AV CAPTIVA DR 485 23 1,240 NW 108 TE MCNAB RD NW 80 ST 6,644 40.6 29,972 NW 47 TE COMMERCIAL BV NW 49 CT 1,228 30 4,094 NW 47 TE ISLAND CLUB DR COMMERCIAL BV 852 38 3,598 NW 50 ST NW 47 TE NW 48 WY 704 36.3 2,838 NW 57 ST NW 64 AV EAST END 1,315 20 2,923 NW 57 ST UNIVERSITY DR NW 64 AV 5,291 20 11,759 NW 57 ST NW 94 AV PINE ISLAND RD 2,587 39 11,212 NW 57 ST PINE ISLAND RD UNIVERSITY DR 5,274 20 11,719 NW 64 AV COMMERCIAL BV BAILEY RD 1,247 49.4 6,845 NW 70 AV COMMERCIAL BV NW 57 ST 401 36 1,605 NW 70 ST NW 88 AV NW 80 AV 3,575 43.6 17,319 NW 75 ST NW 88 AV NW 80 AV 3,678 41.8 17,083 NW 77 ST NOB HILL RD PINE ISLAND RD 4,783 40.5 21,524 NW 80 AV MCNAB RD NW 82 ST 5,583 42 26,056 NW 80 ST NW 108 TE NOB HILL RD 2,666 40.3 11,938 NW 81 ST NOB HILL RD PINE ISLAND RD 4,284 41.6 19,804 NW 81 ST PINE ISLAND RD NW 82 ST 3,781 41.6 17,477 NW 84 AV MCNAB RD NW 70 ST 392 24 1,045 NW 84 TE COMMERCIAL BV NW 57 ST 417 18 833 NW 84 TE NW 57 ST LAGOS DE CAMPOS 3,178 35.7 12,606 NW 94 AV COMMERCIAL BV NW 60 ST 2,260 43.5 10,922 SABAL PALM BV E ROCK ISLAND RD BAILEY RD 2,628 38 11,098 SOUTHGATE BV UNIVERSITY DR CITY LIMIT 3,931 45.9 20,047 SOUTHGATE BV NOB HILL RD PINE ISLAND RD 3,916 45.9 19,970 SOUTHGATE BV NOB HILL RD WEST END 4,618 45.9 23,554 SOUTHGATE BV PINE ISLAND RD UNIVERSITY DR 5,529 45.9 28,198 WOODLANDS BV COMMERCIAL BV BAILEY RD 2,722 41.9 12,674 NW 73 TE NW 76 ST NW 75 ST 249 22 608 NW 73 TE NW 76 ST NW 76 CT 248 22 605 NW 74 AV NW 76 ST NW 75 ST 247 22 604 NW 74 TE NW 76 ST NW 75 ST 245 20 545 NW 74 TE NW 76 ST NW 76 CT 251 20 558 NW 75 AV NW 76 ST NW 75 ST 244 22 595 NW 75 ST NW 73 TE EAST END 65 31 225 NW 75 ST NW 73 TE NW 75 AV 700 31 2,413 NW 75 ST NW 76 CT Access Road NW 22 AV NW 58 ST SAGO PALM BV NW 16 AV NW 16 TE NW 19 WY NW 45 CT NW 75 AV NW 74 TE NW 47 TE NW 53 ST NW 70 AV ROCK ISLAND RD NW 45 CT NW 45 CT NW 45 CT NW 16 WY WEST END NW 73 TE SUNSHINE PLZ NORTH END NW 68 TE BAYBERRY LN NW 46 ST NW 46 ST NW 46 ST NW 16 AV 140 504 516 821 1,264 667 700 667 231 325 31 21 20 20.6 24 24.6 20 19 20 20 483 1,175 1,146 1,880 3,370 1,822 1,556 1,409 513 722 1/24/02 Road Resurfacing Program - Phase IVA NW 45 CT NW 19 TE NW 19 WY 261 20 579 NW 46 ST NW 17 WY NW 16 AV 812 20 1,804 NW 46 ST NW 19 WY EAST END 621 20 1,380 NW 16 WY PROSPECT RD NW 46 ST 775 20 1,722 NW 17 AV NW 45 CT NW 46 ST 596 20 1,324 NW 17 TE NW 45 CT NW 46 ST 561 20 1,247 NW 17 WY NW 45 CT NW 46 ST 526 20 1,168 NW 19 AV NW 45 CT NW 46 ST 343 20 762 NW 19 TE PROSPECT RD NW 45 CT 134 20 297 NW 19 TE NW 45 CT NW 46 ST 272 19.2 579 NW 45 CT NW 19 WY EAST END 373 20 829 NW 45 CT NW 16 WY NW 17 WY 486 20 1,081 NW 25 TE COMMERCIAL BV NW 48 ST 572 20.1 1,278 NW 46 AV NW 49 CT NW 48 ST 355 13.6 537 NW 26 TE COMMERCIAL BV SOUTH END 689 18.9 1,448 NW 26 WY NW 49 ST ACCESS RD 280 20 623 NW 27 AV NW 49 ST ACCESS RD 251 20 558 NW 27 TE NW 48 ST ACCESS RD 499 20 1,108 NW 27 WY COMMERCIAL BV NW 48 ST 447 20 992 NW 28 AV NW 48 ST ACCESS RD 384 20 853 NW 29 AV COMMERCIAL BV NW 48 ST 173 20.6 397 NW 29 TE COMMERCIAL BV NW 46 ST 743 19 1,569 NW 30 TE COMMERCIAL BV NW 46 ST 684 19 1,444 NW 46 ST NW 30 TE NW 29 TE 1,105 19.6 2,407 NW 48 ST NW 25 TE NW 26 TE 360 20 801 NW 48 ST NW 29 TE NW 27 TE 1,351 20.6 3,093 NW 48 ST NW 30 TE NW 29 TE 1,195 20 2,655 NW 49 CT NW 25 TE NW 26 TE 368 20 817 NW 49 ST NW 26 TE NW 27 TE 522 20 1,159 Total (L.F.): 120,377 (SY): 468,532 Linear Miles: 22.80 1 /24/02 A*, a "k A, ^ "\ *V ^ , V j Iv VV EXHIBIT 2 TEMP RESO 9712 INVITATION TO BID < < Ir < Ir RA It BID NO. 02-15B <= STREET IMPROVEMENT PROJECT J PHASE IV -A City of Tamarac Purchasing Division <Ir 7525 NW 881h Avenue tt Room 108 '-Ir Tamarac, Florida 33321-2401 w W; w w w.w w - - - - - - - w -T w w w w n,w, W� r W JR W_ W w w w - - - - - — Table of Contents Street Improvement Proiect - Phase IV -A 4 INVITATIONTO BID..................................................................................................................................... INSTRUCTIONSTO BIDDERS.................................................................................................................... 5 GENERAL TERMS AND CONDITIONS....................................................................................................... 5 1. SUBMISSION OF THE BID.......................................................................................................... 5 2. COMPETENCY OF BIDDERS..................................................................................................... 5 3. DISQUALIFICATION OF BIDDERS............................................................................................. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE ...................................... 6 4. 5. ...................................................................................... INTERPRETATION """""""""""""""" 7 6. BID SECURITY, BONDS.............................................................................................................. 7 7. ................................................................ RETURN OF BID SECURITY ............""""""""""""" 8 .......... 8 8. BID FORM .......................................................................................................................... 9. DISCREPANCIES IN BIDS .................................................. ........................................................ 8 10. CHANGE ORDERS...................................................................................................................... 8 CHANGES IN THE WORK/CONTRACT PRICE.......................................................................................... 8 11. CONTRACT PRICE...................................................................................................................... 8 CHANGESIN CONTRACT TIME................................................................................................................. 9 12. CHANGE ORDER........................................................................................................................ 9 13. CITY'S OPTION........................................................................................................................... 9 14. QUANTITIES..............................................................................................................................10 15. WITHDRAWAL OF BID.............................................................................................................. 10 16. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS ............................................. 10 17. LIQUIDATED DAMAGES........................................................................................................... 10 18. SUBSTITUTE OR "OR EQUAL" ITEMS..................................................................................... 10 19. AWARD OF CONTRACT........................................................................................................... 11 20. EXECUTION OF AGREEMENT................................................................................................. 11 21. SITE INSPECTION..................................................................................................................... 11 22. GOVERNMENTAL RESTRICTIONS......................................................................................... 12 23. PUBLIC ENTITY CRIMES FORM.............................................................................................. 12 24. NON -COLLUSIVE AFFIDAVIT................................................................................................... 12 25. COPYRIGHTS OR PATENT RIGHTS....................................................................................... 12 26. TAXES ..................................................................................................................... ...................12 27. SAFETY STANDARDS.............................................................................................................. 12 28. ASSIGNMENT............................................................................................................................13 29. NO BID ...................................................................................................................... ................. 13 30. OMISSION OF DETAILS............................................................................................................ 13 31. TERMINATION FOR CONVENIENCE OF CITY....................................................................... 13 32. REGULATIONS..........................................................................................................................13 33. PERMITS....................................................................................................................................13 1 34. NOTICE TO PROCEED............................................................................................................. 14 35. INSURANCE REQUIREMENTS................................................................................................ 14 36. INDEMNIFICATION.................................................................................................................... 15 37. ........................................................... CONFLICT OF INTEREST ...................................... ........ 15 38. FORCE MAJEURE..................................................................................................................... 15 39. WARRANTIES............................................................................................................................16 40. LITIGATION JURISDICTION AND VENUE............................................................................... 16 41. CANCELLATION FOR UNAPPROPRIATED FUNDS............................................................... 16 42. PRESENCE OF ASBESTOS MATERIALS................................................................................ 16 43. CLARIFICATION TO TERMS AND CONDITIONS.................................................................... 17 44. RECORDS/AUDITS................................................................................................................... 17 45. PRICES, PAYMENTS AND DISCOUNTS................................................................................. 17 46. DELIVERY..................................................................................................................................17 47. BRAND NAMES......................................................................................................................... 17 48. SAMPLES AND DEMONSTRATIONS....................................................................................... 18 49. CONDITIONS OF MATERIALS................................................................................................. 18 50. PERFORMANCE........................................................................................................................18 51. DEFAULT................................................................................................................................... 18 52. EMPLOYEES............................................................................................................................. 18 53. BID PREPARATION EXPENSE................................................................................................. 18 54. BID TABULATION...................................................................................................................... 19 55. BONDS.......................................................................................................................................19 56. PERFORMANCE, PAYMENT AND WARRANTY BONDS ........................................................ 19 SPECIALPROVISIONS............................................................................................................................. 20 1. PURPOSE OF BID..................................................................................................................... 20 2. BASIC DEFINITIONS................................................................................................................. 20 3. ENUMERATION OF CONTRACT DOCUMENTS...................................................................... 22 4. INTENT....................................................................................................................................... 23 5. SUPPLEMENTS, MINOR VARIATIONS OR DEVIATIONS...................................................... 23 6. CONTRACT PERIOD................................................................................................................. 23 7. CONTRACTOR'S RESPONSIBILITY........................................................................................23 8. FAMILIARITY WITH THE TOTAL SCOPE OF PROJECT AND STREETS .............................. 26 9. SHOP DRAWINGS AND SAMPLES.......................................................................................... 27 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS................................................................. 28 11. CITY'S RESPONSIBILITIES......................................................................................................28 12. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES...................................................... 29 13. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL ..................................... 30 14. CLEANUP AND RESTORATION............................................................................................... 30 15. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY........................................................... 31 16. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS..................................................... 31 17. MIX DESIGN, MATERIAL TESTING AND EVALUATION......................................................... 31 2 18. BASIS OF PAYMENT, UNIT PRICES AND RIGHT TO CHANGE QUANTITIES ..................... 32 19. ACCEPTANCE OF WORK......................................................................................................... 32 20. TESTS AND INSPECTIONS...................................................................................................... 32 21. CORRECTION OR REMOVAL OF DEFECTIVE WORK........................................................... 33 22. PROGRESS PAYMENTS.......................................................................................................... 34 23. CHANGE QUANTITIES/CHANGE ORDERS............................................................................. 36 24. REGULATORY CHANGES........................................................................................................ 37 25. FINAL INSPECTION.................................................................................................................. 37 +26. FINAL APPLICATION FOR PAYMENT..................................................................................... 37 27. FINAL PAYMENT AND ACCEPTANCE..................................................................................... 38 28. CITY'S RIGHT TO WITHHOLD PAYMENT............................................................................... 39 29. WARRANTIES............................................................................................................................39 30. CORRECTION PERIOD.............................................................................................................40 31. CONTRACT TIME...................................................................................................................... 41 32. CONSTRUCTION SCHEDULE.................................................................................................. 43 33. PROTECTION OF PERSONS AND PROPERTY...................................................................... 44 34. TRAFFIC CONTROL AND WORKING HOURS........................................................................ 44 35. HURRICANE & SEVERE WEATHER PRECAUTIONS.............................................................45 36. WORK BY CITY OR CITY'S CONTRACTORS 45 .......................................................................... 37. PRICE ADJUSTMENT............................................................................................................... 45 ATTACHMENT"A" Bid Form...................................................................................................................... 49 ATTACHMENT "B" Non -Collusive Affidavit................................................................................................ 55 ATTACHMENT "C" Certification................................................................................................................. 57 ATTACHMENT "D" Offeror's Qualification Statement................................................................................ 58 ATTACHMENT"E" References.................................................................................................................. 63 ATTACHMENT "F" Vendor Drug -Free Workplace..................................................................................... 64 ATTACHMENT "G" List of Subcontractors................................................................................................. 65 ATTACHMENT"H" Bid Bond...................................................................................................................... 67 ATTACHMENT "I" Application for Payment................................................................................................ 69 ATTACHMENT„J„ Change Order.............................................................................................................. 70 ATTACHMENT "K" Form Payment Bond................................................................................................... 71 ATTACHMENT "L" Form Performance Bond............................................................................................. 74 ATTACHMENT "M" Final Release of Lien by Contractor 78 ........................................................................... TECHNICAL SPECIFICATIONS................................................................................................................ 80 STANDARD CONTRACTOR AGREEMENT .............................................................................................. 96 3 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 Website: www.tamarac.org INVITATION TO BID BID NO.02-15B 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 Thursday, January 10, 2002 at 2:00 p.m., at which time bids will be publicly opened and announced for: TAMARAC STREET IMPROVEMENT PROJECT — PHASE IV -A 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. The Bidder shall guarantee the Total Bid Price for a period of 90 calendar days from the date of bid 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 "Bid No. 02-156, TAMARAC STREET IMPROVEMENT PROJECT — PHASE IV -A, opening Thursday, January 10, 2002 at 2:00 p.m." on the outside of the envelope. A Pre -Bid Conference will be held on Thursday, December 20, 2001, 10:00 a.m. at Tamarac City Hall, Commission Chambers, 7525 NW 88"' Avenue, Tamarac, Florida. All parties interested in bidding on this project must attend this meeting. The work to be performed consists of the Contractor furnishing all labor, materials, tools, and equipment necessary as indicated in the specifications herein and generally includes the milling and resurfacing of approximately 23 miles of roadway and the installation of concrete curbing. 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. Payment and performance bonds will be required prior to commencement of work. The work shall be completed within 365 calendar days after the commencement date stated in the Notice to Proceed. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be- obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450; and for technical issues, contact Mark Greenspan at (954) 724-2415. 4y a S. Flurry, CP O P rchasing and Contracts Manager Publish Sun Sentinel: Dec. 9, Dec. 16 and Dec. 23, 2001 Equal Opporfbnity Employer INSTRUCTIONS TO BIDDERS Street Improvement Project - Phase IV -A BID NO.02-15B 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. The City of Tamarac is requesting Bids from qualified vendors to establish a contract for hot -mix asphalt laid -in -place by the Contractor and concrete curbing removal and/or installation as per the conditions and specifications contained in this document. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the CITY of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the CITY'S Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, on Thursday, January 10, 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 and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions 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. COMPETENCY OF BIDDERS In selecting the lowest responsive, responsible Bidder, consideration will be given not only 5 to the financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the BID. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "BIDDER'S QUALIFICATION STATEMENT", bound herein. No Bid for WORK will be accepted from a Contractor who does not hold a valid Contractor's license in the State and County where the WORK is to be performed (if required by the State and County) applicable to the type of Work bid upon at the time of opening bids. 3. DISQUALIFICATION OF BIDDERS More than one bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the CITY believes that any Bidder is interested in more than one BID for the WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the CITY believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to: 4.1.1 Examine the Contract Documents thoroughly, 4.1.2 Visit the site to become familiar with local conditions that may affect cost, progress, or performance of the WORK, 4.1.3 Consider federal, state and local laws and regulations that may affect cost, progress, or performance of the WORK, 4.1.4 Study and carefully correlate the Bidder's observations Contract with Contract Documents, and 4.1.5 Notify the Purchasing and Contracts Manager of all conflicts, errors, or discrepancies in the Contract Documents. 4.2 Information and date reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the CITY and the PROJECT MANAGER by the CITY'S underground utilities or others, and the CITY does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Agreement or Contract Documents. 4.3 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress or performance of the WORK in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.4 On request in advance, the CITY will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and shall clean up and restore the site to its former condition upon completion of such explorations. 4.5 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by the CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the CITY unless otherwise provided in the Contract Documents. 4.6 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of "Bidder's Examination of Contract Documents and Site" contained therein, that without exception the Bid is premised upon performing the WORK required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK. 5. INTERPRETATION All questions about the meaning or intent of the Contract Documents are to be directed to the Purchasing & Contracts Manager in writing. Interpretations or clarifications considered necessary by the Purchasing & Contracts Manager in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the office or CITY as having received the Contract Documents. Questions received less than 14 days prior to the date for opening of Bids may not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY, BONDS Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the CITY and shall be given as guarantee that the Bidder, if awarded the WORK will enter into an agreement with the CITY, and shall furnish the necessary Insurance Certificates, Public Construction Bond, each of said bonds to be in the form of amounts stated in the Agreement. In case of refusal or failure to enter into said Agreement, the check or Bid Bond, as the case may be, shall be retained by the CITY. If the Bidder elected to furnish a Bid Bond as its Bid Security, the Bidder shall use the Bid Bond form bound herein. 7. RETURN OF BID SECURITY Within 14 days after award of the Contract, the CITY will return the Bid securities accompanying such of the Bids as are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be rettitned to the. respective Bidders whose Bids they accompany. 8. BID FORM The Bid shall be made on copies of the bidding schedule bound herein. 9. DISCREPANCIES IN BIDS In the event there is more than one Bid item in a Bidding schedule, the Bidder shall furnish a price for all Bid items in the schedule, and failure to do so will render the Bid non- responsive and may cause its rejection. In the event there are unit price Bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the CONTRACTOR shall be bound by said correction. In the event there is more than one bid item in the bidding schedule and the total indicated for the schedule does not agree with the sum of the prices bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the CONTRACTOR shall be bound by said correction. 10. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. CHANGES IN THE WORK/CONTRACT PRICE 11. 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. 11.1 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 PORN 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 ifaccompanied 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 12. 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. 12.1 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. 12.2 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 contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 13. 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. 14. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. 15: 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. 16. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS Unauthorized conditions, limitations, or provisions attached to the Bid will render it informal and may cause its rejection as being non -responsive. The completed Bid Forms shall be without interlineations, alterations or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. 17. LIQUIDATED DAMAGES Upon failure of the CONTRACTOR to complete the Work within the time specified for completion (plus approved extensions if any), CONTRACTOR shall pay to CITY the sum of five hundred and xx/100 dollars ($500.00) for each calendar day that the completion of the Work is delayed beyond the time specified in the Contract for completion, as fixed and agreed 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 of moneys which may be then 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, the CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages and any other per day damages for delay, for all costs incurred by PROJECT MANAGER, and inspection and other costs incurred in administering the construction of the Project beyond the completion date specified or beyond an approved extension of time granted to CONTRACTOR whichever is later. These liquidated damages will not prohibit CITY from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. CONTRACTOR may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event CONTRACTOR has been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold CONTRACTOR liable for the liquidated damages. 18. SUBSTITUTE OR "OR EQUAL" ITEMS Whenever materials or equipment are specified or described in the Contract Documents 10 by using the name of a proprietary item or the name of a particular Supplier and the name is followed by the words "or equal", the Bidder may write the name of the substitute Supplier (which the Bidder considers as an "or equal") in the Proposed Substitute Equipment/Material Supplier List in the Bid Form. These substitute Suppliers will only be considered after award of the Contract. The procedure for the submittal of substitute or `or equal" products is specified in the Section entitled "Contractor Submittals" of the General Requirements. 19. AWARD OF CONTRACT Award of a contract will be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications and as listed in the Named Equipment/Material Supplier List and will be made to the Bid which is deemed to be in the best interest of the City of Tamarac as determined in the sole discretion of the CITY. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid Items in an individual bidding schedule. In the event the Work is contained in more than one bidding schedule, thg CITY may award schedules indiv_iduaJly_otin combination. In the case of two bidding schedules which are alternative to each other, only one of such alternative to each other, only one of such alternative schedules will be awarded. Despite any provision, which is or may appear to be to the contrary, the City of Tamarac shall not be obligated to any bidder to enter into a contract with the bidder as the apparent lowest, responsible, responsive bidder. The CITY shall be obligated to any bidder for the Project if and only if the CITY enters into a written contract for the Project with the bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, or to recover from the CITY any damages, costs, lost profits, expenses, etc., that bidder may incur if the CITY chooses not to sign such contract. By bidding on this Project, all bidders acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 20. EXECUTION OF AGREEMENT The Bidder to whom award is made shall execute a written agreement with the CITY on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 14 calendar days after receipt of the Agreement Forms from the CITY. Failure or refusal to enter into an Agreement as herein provided or to conform to any stipulated requirements in connection therewith shall be just cause for annulment of the award and retention of the Bid Security. If the Bidder who has been awarded the bid pursuant to Paragraph 19. Award of Contract, refuses or fails to execute the Agreement, the CITY may award the Contract to whichever bidder it determines next best services its interest. On the failure or refusal of such second or third Bidder (who has been awarded the contract) to execute the Agreement, each such Bidder's Bid Securities shall be likewise retained by the CITY. 21. SITE INSPECTION Bidder is responsible for a site inspection and final determination of all materials, labor and 11 equipment required in their proposal. CONTRACTOR will obtain complete data at the site and inspect surfaces that are to receive Work. Before proceeding with Work, CONTRACTOR will be solely responsible for accuracy of measurements and laying out of Work, will correct errors or defects due to faulty measurements taken, information obtained, layout or due to failure to report discrepancies. 22. GOVERNMENTAL RESTRICTIONS Int;the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items/services offered on the bid prior to delivery/performance, it shall be the responsibility of the successful bidder to notify the CITY at once, indicating in a letter the specific restriction which required an alteration. The CITY reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the CITY. 23. 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. 24. 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. 25. 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. 26. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 27. SAFETY STANDARDS The Bidder warrants that the product(s) and services 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 iV 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 88tn Avenue, Tamarac FL 33321-2401. 28. 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. 29. NO See City of Tamarac "Statement of No Bid" form incorporated into the bid proposal package. 30. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 31. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -Contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify the CITY against loss pertaining to this termination. Default by Contractor: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY should the CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or 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. 32. REGULATIONS All applicable laws and regulations of the Federal Government, State of Florida, Broward County and Ordinances of the City of Tamarac will apply to any resulting award of contract. 33. PERMITS The CONTRACTOR shall be responsible for securing all applicable permits. However, all 13 CITY permit fees are waived. The CONTRACTOR shall submit copies of all permits required for this work. The CONTRACTOR will be responsible for all applicable State and County fees. 34. NOTICE TO PROCEED The CONTRACTOR shall be commence Work within ten (10) days after receipt of Notice to Proceed from the CITY unless otherwise stated. After start of Work, CONTRACTOR mdk remain on site and actively pursue the Work until Work is completed.. 35. 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 Manager before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the CITY'S Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the CITY harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage that the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Commercial General Liability Occurrence Aggregate $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will 14 maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the CITY sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the CITY of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the CITY. The Bidder shall be responsible for the payment of all deductibles and self -insured retentions. The CITY mify 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. 36. 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. 37. CONFLICT OF INTEREST For purposes of determining any possible conflict of interest, all bidders must disclose if any City of Tamarac employee is also a corporate officer, or employee of their business. Indicate either "Yes" (a CITY employee is also associated with your business), or "No". If "Yes", give person(s) name(s) and position(s) with your business. 38. FORCE MAJEURE Seller's failure to make, or buyer's failure to take, any delivery or deliveries when due, if caused by Force Majeure as hereinafter defined, shall not constitute a default hereunder nor subject the party so failing to any liability to the other, provided however, the party affected by such Force Majeure shall promptly notify the.other of the existence thereof and its expected duration and the estimated effect thereof upon its ability obligations hereunder. Such party shall promptly notify the other party when such Force Majeure circumstances has ceased to affect its ability to perform its obligations hereunder. The quantity to be delivered hereunder shall be reduced to the extent of the deliveries omitted for such cause or causes, unless both parties agree that the total quantity delivered hereunder remain unchanged. As used herein, the term Force Majeure shall mean and include an ACT OF GOD or public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, strikes, lockouts, labor troubles, riots, sabotage, embargo, war (whether or not declared and whether or not the United States is a participant) Federal, State, or Municipal, seizure, requisition, or allocation, delay of transportation, shortage or inability to `V obtain supplies, equipment, fuel or labor, or any other circumstances of a similar or different nature beyond the reasonable control of the party so failing. 39. WARRANTIES Warranty of Mechantability — Successful offeror warrants that all equipment and materials to be supplied pursuant to the Agreement will be merchantable, or good quality and free from defects, whether patent or latent in material and workmanship. Warranty of Material and Workmanship — Successful offeror warrants all material and Workmanship for a minimum of one (1) year from date of completion and acceptance by CITY. If within one (1) year after acceptance by CITY, or within such larger period of time as may be prescribed by Law any of the Work is found to be defective or not in accordance with the contract documents, successful offeror shall after receipt of written notice from CITY to do so, promptly correct the Work unless CITY has previously given successful offeror a written acceptance of such condition. This obligation shall survive termination of the contract. Warranty of Fitness for a Particular Purpose — Successful offeror warrants the equipment shall be fit for and sufficient for the purpose(s) intended and outlined within this proposal package. Successful offeror understand and agrees that CITY is purchasing the equipment in reliance upon the skill of successful offeror in furnishing the equipment suitable for the purpose stated. If the equipment cannot be used in the manner stated in the proposal, then CITY, at its sole discretion, may return the equipment to successful offeror for a full refund of any and all moneys paid for the equipment. Warranty of Title — Successful offeror warrants that all equipment delivered under the contract shall be of new manufacture and that successful offeror possesses good and clear title to said equipment and there are no pending liens, claims or encumbrance whatsoever against said equipment. 40. LITIGATION JURISDICTION AND VENUE The parties agree that this contract is deemed to be entered into in the City of Tamarac, County of Broward, State of Florida. The venue for all litigation between the parties shall take place in Broward County, Florida. 41. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the CITY for payment to a CONTRACTOR is limited to the availability of funds appropriated in current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of fund, unless otherwise authorized by law. 42. PRESENCE OF ASBESTOS MATERIALS If in the course of Work, the CONTRACTOR encounters any existing materials which he suspects contain asbestos, the CONTRACTOR will stop Work in that area immediately and notify the CITY. 16 43. 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 Technical Specifications outlined in this bid, the Special Conditions and/or the Technical Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The CITY shall not be responsible for oral interpretations given by any CITY employee or its representative. 44. RECORDS/AUDITS The CONTRACTOR shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the CITY'S Auditor. The CONTRACTOR agrees to make available to the CITY'S Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 45. PRICES PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions, Section 18. 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. 46. 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. 47. 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 , to out qualified competition. Where equal is bid, the Bidder must submit brochures, specifications in detail and/or samples. The CITY shall be the sole judge of equality. 17 48. 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. 49. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the specifications, the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 50. 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. 51. 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. 52. 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. 53. 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. 18 54. 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. 55, 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 50% 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. 56. 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 r Warranty Bond shall cover the cost of labor as well as materials. iR1 SPECIAL PROVISIONS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified vendors, to establish a Unit Price Contract for hot -mix asphalt laid -in -place and installation/removal of concrete curbing by the Contractor, as per the conditions and specifications contained in this document. Unit prices will be held firm for an agreed upon period of time to cover additional services for future phases of the City's street resurfacing program. The City of Tamarac is undertaking a Seven -Year Comprehensive Street Improvement Program. Under this program all city streets (approximately 125 miles) will be resurfaced. The Program Started in 1998 and shall continue until 2005. Quantities in this contract include Phase IV -A, which shall consist of approximately 23 miles of road as shown in Table 1, and Figure 1. Phase IV -A shall be completed within 12 months from the Notice to Proceed. After completion of Phase IV -A, additional quantities may become available as part of Phase IV-B and/or Phase V. No warranty is given or implied as to the exact quantities that will be used in addition to those of Phase IV -A. 2. BASIC DEFINITIONS Wherever used in the Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Addenda — Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the bidding requirements or the contract document. 2.2 Agreement — The written agreement between the CITY and CONTRACTOR covering the Work to be performed including other Contract Documents that are attached to the Agreement and made a part thereof. 2.3 Application for Payment — The form acceptable to Engineer/Project Manager which is used by Contractor during the course of the work in requesting progress or final payments and which is accompanied by such supporting documentation as is required by the Contract Documents. 2.4 Change Order — A document that is signed by CONTRACTOR and CITY and authorizes an addition, deletion or revision in the Work within the general scope of this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 2.5 City —The City of Tamarac, Florida. 2.6 Contract Documents — The Contract Documents consist of the Drawings, Bidding Requirements, Non -Collusion Affidavit, Public Entity Crimes Form, Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. 2.7 Contract Times — The number of days or dates stated in the Contract b Documents to achieve substantial completion and/or complete the Work so that it is ready for final payment as evidenced by Engineer's/Project Managers written recommendation of final payment. 2.8 Defective — An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 2.9 Drawings — The drawings that show the character and scope of Work to be performed and are referred to in the Contract Documents. 2.10 Effective Date of the Agreement — The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 2.11 Engineer/Project Manager — The City's authorized project representative. The words "Engineer" and "Project Manager" are used interchangeably. 2.12 Field Order — A written order issued by Engineer/Project Manager that requires minor changes in the Work but does not involve a change in Contract Price or Contract Times. 2.13 FDOT — The State of Florida Department of Transportation. 2.14 Milestone — A principal event specified in the Contract Documents relating to an intermediate complete date or time prior to Substantial Completion of all the Work. 2.15 Notice to Proceed — A written notice given by CITY to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. 2.16 Project — The total construction for which the CONTRACTOR is responsible under this agreement, including all labor, materials, equipment and transportation used or incorporated in such construction. 21 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 CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 2.19 Substantial Completion — "Substantial Completion" means the finishing or accomplishing of substantial performance of the Work as proscribed in the Contract Documents. "Substantial Performance" means that there has been no willful departure from the terms of the Contract Documents and the Work has been honestly and faithfully performed in its material and substantial particulars. The term "Final Completion" means the CITY'S acceptance of the job. 2.20 Supplier — A manufacturer, fabricator, Supplier, distributor, materialman or vendor. 2.21 Unit Price Work — Work to be paid for on the basis of unit prices. 2.22 Work — The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, testing, documentation, equipment and materials used or incorporated in the construction of the entire Contract Documents. The words "Project" and "Work" are used interchangeably. 2.23 Work Change Directive — A written directive to CONTRACTOR issued on or after the effective date of the Agreement and signed by CITY and recommended by ENGINEER/PROJECT MANAGER ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 2.24 Written Amendment — A written amendment of the Contract Documents, signed by CITY and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non - Engineering, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 3. ENUMERATION OF CONTRACT DOCUMENTS If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following 22 order of precedence: 1. Special Provisions 2. Technical Specifications 3. Instructions to Bidders and General Terms and Conditions 4. 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 which have a well known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws, or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of CITY, CONTRACTOR, or any of their consultants, agents or employees from those set forth in the Contract Documents. 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 ENGINEER/PROJECT MANAGER'S approval of a shop drawing or sample; or 5.2 ENGINEER/PROJECT MANAGER'S 'written interpretation or clarification. 6. CONTRACT PERIOD 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 RESPONSIBILITY 23 7.1 Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. 7.2 The Contractor shall provide a qualified, English speaking, i 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 FDOT Certified Asphalt Technician 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 Contractor that the City deems careless, incompetent, insubordinate or otherwise objectionable. Contractor shall be responsible to the City for the acts and omissions of all subcontractors and personnel working under Contractor. 7.6 The Contractor shall be aware that the job is subject to vehicular and pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or .over a weekend, unless arrangements have been made with and prior approval obtained from applicable representative of the City of Tamarac in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. 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 Contractor is responsible for familiarizing itself with the nature and extent of the Contract Documents, the Work, the locality, and with all 24 local conditions, verifying all pertinent figures and applicable field measurements, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. Contractor is responsible for making or causing to be made any examinations, investigations, tests and studies as it deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Document. 7.9 Before beginning the Work or undertaking each component part of the Work, Contractor shall carefully study the Contract Documents, Special Conditions, Technical Specification, all pertinent figures and site conditions. Contractor shall promptly report in writing to Engineer/Project Manager and City any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer/Project Manager before proceeding with any Work affected thereby. 7.10 The Contractor shall assist the City and Engineer/Project Manager in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 7.11 Unless otherwise provided in the Contract Documents, the Contractor shall provide or cause to be provided and shall pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 7.12 The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 7.13 The Contractor shall keep the City and Engineer/Project Manager informed of the progress and quality of the Work. 7.14 If requested in writing by the Contractor, the City, with reasonable promptness and in accordance with time limits agreed upon, shall interpret the requirements of the Contract Documents and shall decide (subject to other provisions in the Contract Documents governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 7.15 The Contractor shall correct all Work, which does not conform to the Contract Documents. 7.16 The Contractor warrants to the City that materials and equipment incorporated in the work will be new unless otherwise specified, and . P 25 that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. 7.17 The Contractor shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work. The Contractor shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist City in consultations with appropriate governmental authorities and agencies in obtaining all permits and approvals. 7.18 Without limiting the foregoing, Contractor shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this Work except City permits and fees which shall be waived except for 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 City Manager or designee identified as such in writing. 7.22 The Contractor shall maintain in good order at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications marked currently to record changes made during construction. These shalt be delivered to the City upon completion of the construction and prior to final payment. 8. FAMILIARITY WITH THE TOTAL SCOPE OF PROJECT AND STREETS 8.1 The Contractor shall be familiar with the total scope of the project, interpretation of the plans/drawings, if any, and the streets prior to commencement of any work. City will not provide any elevations for , r, reference. Contractor shall be responsible for all layout including establishing proper grades to maintain or improve the existing stormwater flow. In case of any questions or conflict, they must be 26 brought to the attention of the Project Manager prior to any work. If further assistance is needed, the Contractor may contact the Director of Public Works. The City shall not be responsible for Contractor's failure to comply with this requirement. 8.2 Contractor shall be responsible for locating all utilities that may interfere with this resurfacing program. Contractor shall be responsible for repair and restoration of all utilities or any other items damaged during resurfacing. 8.3 By execution of the Agreement, Contractor acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 9. SHOP DRAWINGS AND SAMPLES 9.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, Contractor shall submit to Engineer/Project Manager for review and approval five (5) copies of all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring, fabricated structures and manufactured articles. The purpose of the Shop Drawing is to show the suitability, efficiency, technique -of -manufacture, installation requirements, detail of the item and evidence of compliance with the Contract Documents. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable Engineer/Project Manager to review the information as required. 9.2 Contractor shall also submit to Engineer/Project Manager for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents and each sample shall be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 9.3 Before submission of each Shop Drawing or sample, Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop ,Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 9.4 At the time of each submission, Contractor shall give Engineer/Project Manager specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to Engineer/Project Manager for review and approval of each such variation. Failure to point out such departures shall not relieve Contractor from his responsibility to comply with the Contract Documents. 27 9.5 Approval of the Shop Drawings by Engineer/Project Manager shall be general and shall not relieve Contractor of responsibility for the accuracy of such drawings nor for the proper fittings and construction of the Work, nor for the furnishing of material or Work required by the Contract Documents and not indicated on the drawings. No Work called for by any Shop Drawing(s) shall be done until the Engineer/Project Manager has approved the drawing(s). The costs incurred for the City Engineer/Project Manager's review of shop drawings, substitutes, "or equal" items, or change orders shall be paid by the Contractor. 10. SUBCONTRACTORS SUPPLIERS AND OTHERS 10.1 The Contractor shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. Contractor shall not change a Subcontractor, person or entity previously selected if City makes reasonable objection to such change. 10.2 Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors, suppliers 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 Contractor. Nothing in the Contract Documents shall create any Contractual relationship between City and any such subcontractor, supplier, or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier, or other person or organization except as may otherwise be required by laws and regulations. 11. CITY'S RESPONSIBILITIES 11.1 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall examine documents submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. 11.2 The City may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the City and 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. . n 28 11.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the City shall give prompt written notice thereof to the Contractor. 11.5 The City shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 11.6 The City shall communicate with subcontractors only through the Contractor. 11.7 City shall furnish data required of City under the Contract Documents promptly. 11.8 Except for permits and fees, which are the responsibility of Contractor, City shall secure . and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes in existing facilities. 11.9 If the Work is defective, or Contractor fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party. 12. ENGINEER/PROJECT MANAGER'S RESPONSIBILITIES 12.1 Engineer/Project Manager or his designee will be City's representative during the construction period and until final payment is due. 12.2 Engineer/Project Manager will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Engineer/Project Manager's efforts will be directed toward providing for City a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site inspections, Engineer/Project Manager shall keep City informed of the progress of the Work and shall endeavor to guard City against defects and deficiencies in the Work. 12.3 The Engineer/Project Manager will issue technical clarifications and interpretations, with reasonable promptness. Should Contractor fail to request interpretation of items Contractor determines to be questionable in the Contract Documents neither City nor Engineer/Project Manager will thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. ` 29 12.4 Engineer/Project Manager may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on City, and also on Contractor who shall perform the Work involved t promptly. 12.5 Engineer/Project Manager will have the authority to disapprove or reject Work that Engineer/Project Manager believes to be defective, and will also have authority to require.special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. 13. AVAILABILITY OF AREA TO STORE EQUIPMENT AND MATERIAL Although the City will make every effort to provide suitable areas, including public right-of- way, to store equipment and material it shall be Contractor's responsibility to find and secure suitable and safe locations for this purpose. Restoration of all storage areas shall be Contractor's responsibility. 14. CLEANUP AND RESTORATION 14.1 During and after completion of all asphalt work, the Contractor shall be responsible for all cleanup including but not limited to sweeping, cleaning and removal of dust and loose material. Leftover or excessive emulsion, asphalt, aggregate, etc. must be completely removed from the work and other affected areas at no expense to the City. It shall be Contractor's responsibility to protect any debris from obstructing or getting into any wastewater, water or stormwater conveyance system. If any grassed area is disturbed, it shall be promptly restored at Contractor's expense. 14.2 Contractor shall be responsible for the proper and legal removal and disposal of all construction debris. 14.3 The project site and all adjacent areas shall be maintained in a neat and clean manner, and upon final cleanup, the project site shall be left clear of all surplus material and debris. Paved areas shall be swept clean. 14.4 If the Contractor fails to properly maintain the site or perform required clean-ups and debris removal the City shall place the contractor on written notice to perform required clean up. Contractor shall perform required clean-up within twenty-four (24) hours of receipt of City's written notice. 14.5 In the,event that the Contractor does not comply, the City may correct such deficiencies. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such deficiencies. If the payments then or thereafter due the CONTRACTOR are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 15. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired add/or replaced in equal or better condition at no additional cost to the City. 15.1 The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. 15.2 In the event of damage, Contractor shall immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at not additional cost to the City. 15.3 In the event of damage to public and/or private property, the Contractor shall immediately contact the City's Public Works Department by telephone at (954) 724-2410 and inform the appropriate staff member about the location and extent of the damages. 15.4 In the event that the Contractor does not immediately repair to the satisfaction of the City damage to public and/or private property, City may correct such damage. In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor costs of correcting such damage. If the payments then or thereafter due the CONTRACTOR are not sufficient to cover the amount of the deduction, the Contractor shall pay the difference to the City. 16. CONFLICTS WITH FDOT AND OTHER SPECIFICATIONS 16.1 Unless noted otherwise, Specifications 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. 16.2 The Contractor shall immediately bring to the attention of the Project Manager any conflicts,, discrepancies or ambiguities between the Specifications and Special Provisions listed in the Contract Documents. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. 17. MIX DESIGN MATERIAL TESTING AND EVALUATION 17.1 Within ten days after the award of the Contract, the Contractor at its own expense, shall submit a mix design, certified by an independent registered professional engineer in the State of Florida, to the Public Works Director prior to commencement of any work. All testing and , �F 31 evaluation shall be performed by an independent testing laboratory employed by the City. 17.2 The Contractor shall provide the City at least 48-hour advanced notice prior to conducting any testing. Mix design, material testing and evaluation shall follow the guidelines as stipulated in the FDOT Standard Specifications for Road and Bridge Construction, most recent edition. However, the City intends at a minimum to test each street or every 500 feet, as the case may be. 17.3 Contractor shall have FDOT Certified Asphalt Plant Technician for quality control purposes. Other requirements as specified by FDOT specifications shall remain in effect. 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 Payment of leveling course, in place and accepted, shall be made at the contract price per ton. Payment of top surface course, in place and accepted, shall be at the contract price per ton. Quantity control for payment for leveling course shall be based upon the delivery truck tickets submitted to the City's representative at the site. Compacted top surface course shall be at least 100 pounds per square yard per inch thick. 18.3 Quantities, as identified in the Schedule of Quantities and Price section, are for estimate and bidding purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. 18.4 The City reserves the right to add or delete any item and adjust the contract quantities based upon the contract unit price which best serves the interest of the City. No other adjustment shall be allowed unless approved in advance by the City. 19. ACCEPTANCE OF WORK Acceptance shall be based upon satisfactory completion, material test results, performance and appearance of the resurfacing after the materials have cured and are open to traffic. Prior to final acceptance, the Contractor shall remove and replace, satisfactory to the City, all defective areas. Any resurfaced or adjusted area which is found to be raveling, cracking, peeling off, stripping under traffic, etc. shall be rejected and shall be removed and resurfaced by the Contractor at no expense to the City. 20. TESTS AND INSPECTIONS 20.1 Contractor shall give City timely notice of readiness of the Work for all F required inspections, tests or approvals. Contractor shall assume full responsibility, pay all costs in connection therewith and furnish City the 32 required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. 20.2 City inspectors shall have no authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 20.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the Contractor to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the Contractor will constitute a breach of this Agreement. 21. CORRECTION OR REMOVAL OF DEFECTIVE WORK 21.1 The Contractor shall correct Work rejected by the City or known by the Contractor to be defective or failing to conform to the Construction Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct Work under this Agreement found to be defective or nonconforming within a period of one year from the date of Substantial Completion of the Work or designated portion thereof, or within such longer period provided by any applicable special warranty in the Contract Documents. 21.2 City shall provide Contractor with written notice regarding defective or rejected work. Within seven days after receipt of such written notice from the City the Contractor shall commence with corrective action to remove and replace it with Work that is not defective or rejected. 21.3 If the Contractor fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the City, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the City's right to stop the. Work shall not give rise to a duty on the part of the City to exercise the right for benefit of the Contractor or other persons or entities. 21.4 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect, the City may give a second written notice to the Contractor. If within seven days following 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 33 amount of the deduction, the Contractor shall pay the difference to the City. 22. PROGRESS PAYMENTS 22.1 The Contractor shall deliver to the City itemized Applications for Payment. Contractor may requisition payments for Work completed during the Project at intervals of not more than once a month. The Contractor's requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the Contractor that the Contractor has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the Contractor for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included in the Contractor's previous applications for payment, and any other supporting documentation as may be required by the Engineer/Project Manager or Contract Documents. Each requisition shall be submitted in triplicate to the Engineer/Project Manager for approval. The City shall make payment to the Contractor within thirty (30) calendar days after approval by the Engineer/Project Manager of the Contractor's requisition for payment. 22.2 Within thirty (30) days of the City's receipt of a properly submitted and correct Application for Payment, the City shall make payment to the Contractor. 22.3 Ten percent (10%) of all monies earned by the Contractor shall be retained by the City until the Work is totally completed as specified, and accepted by the City. The parties hereto agree that 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 22.4 The Application for Payment shall constitute a representation by the Contractor to the City that, to the best of the Contractor's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the Contractor is entitled to payment in the amount requested. 22.5 The Contractor shall pay each Subcontractor, upon receipt of payment from the City, out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the Contractor's contract with such Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub -Subcontractors in similar manner. 34 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 City. 22.9.6 Contractor's completion of Punch List. 22.9.7 Warranties are submitted to and accepted by CITY. 35 23. CHANGE QUANTITIES/CHANGE ORDERS 23.1 City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. Such additions, deletions or s shall be authorized by a Written Amendment, Change Order revision or Work Change Directive. 23.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to City or which extend the time for completion, must be formally authorized and approved by the Tamarac City Commission prior to their issuance and before Work may begin. 23.3 No claim against City for extra Work in furtherance of a Change Order shall be allowed unless prior written City approval pursuant to this section has been obtained. 23.4 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. 23.5 Proposed Change Orders shall be prepared by the Engineer/Project Manager on forms provided by City. When submitted for approval, they shall carry the signature of the Engineer/Project Manager and the Contractor. 23.6 If City and Contractor are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefor. 23.7 Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. 23.8 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility and the amount of each applicable bond shall be adjusted accordingly. 23.9 Any claim for adjustment in the Contract Price or time shall be based upon written notice delivered by the party making the claim to the other parties and to Engineer/Project Manager not later than 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 City from a change in the Work shall be determined by one or more of the following ways: 36 23.10.1 By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation where unit prices do not exist in the contract documents; 23.10.2 By unit prices stated in the Contract Documents or subsequently agreed upon; or 23.10.3 By cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. 24. REGULATORY CHANGES The Contractor shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws, or regulations subsequent to the submission of the Contractor's proposal. 25. FINAL INSPECTION Upon written notice from Contractor that the Work is or an agreed portion thereof is complete, City and Engineer/Project Manager will make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 26. FINAL APPLICATION FOR PAYMENT 26.1 After Contractor has completed ail such corrections to the satisfaction of City and Engineer/Project Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after Engineer/Project Manager has indicated that the Work is acceptable, Contractor may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work and a final affidavit; or (2) Contractor's receipts in full covering all labor, materials and equipment for which .a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for Contractor under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, Contractor may furnish a bond satisfactory to City to indemnify City against any such lien. 26.2 Contractor shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As- 37 Built drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida. Final payment to Contractor shall not be made until said drawings have been reviewed and approved by Engineer/Project Manager. Prior to approval, if necessary, the drawings may be returned to Contractor for changes or modifications if in the opinion of Engineer/Project Manager they do not represent correct or accurate "As -built" drawings. 27. FINAL PAYMENT AND ACCEPTANCE 27.1 If, on the basis of Engineer/Project Manager's observation of the Work during construction and final inspection, and Engineer/Project Manager's review of the final Application for Payment and accompanying documentation, Engineer/Project Manager is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer/Project Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing Engineer/Project Manager's recommendation of payment and present the Application to City for payment. Thereupon Engineer will give written notice to City and Contractor that the Work is acceptable. Otherwise, Engineer/Project Manager will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to City of the Application and accompanying documentation, in appropriate form and substance, and with Engineer/Project Manager's recommendation and notice of acceptability, the amount recommended by Engineer/Project Manager will become due and will be paid by City to Contractor. 27.2 If, through no fault of Contractor, final completion of the Work is significantly delayed and if Engineer so confirms, City shall, upon receipt of Contractor's final Application for Payment and recommendation of Engineer/Project Manager, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in -the Agreement, and if bonds have- been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer/Project Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 27.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has b been completed, the Contract fully performed, and a final certificate for payment has been issued by the Engineer/Project Manager. The 38 28 making of final payment shall constitute a waiver of claims by City except those arising from: 27.3.1 Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. 27.3.2 Faulty or defective Work and latent defects discovered after acceptance. 27.3.3 Failure of the Work to comply with the requirements of the contract documents. 27.3.4 Terms of special warranties required by the contract documents. 27.3.5 Any of Contractor's continuing obligations under this Agreement. 27.4 The acceptance of final payment by Contractor shall constitute a waiver of claims by that payee except those previously made in writing and identified as unsettled at the time of final application for payment. CITY'S RIGHT TO WITHHOLD PAYMENT The City may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 28.1 28.1.1 Defective Work not remedied. 28.1.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the Contractor. 28.1.3 Failure ofthe or Supptractor to make liers payments to for materials or labo Subcontractors 28.1.4 Damage to another Contractor not remedied. 28.1.5 Liability for liquidated damages has been incurred by the Contractor. 28.1.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 28.1.7 Reasonable evidences that the Work will not be completed within the Contract time. 28.1.8 Failure to carry out the Work in accordance with the Contract Documents. ntractor 28.2 When the above grounds a consentd or resolved or the ofsurety satisfactory t othe City provides a surety bond opayment be which will protect the City in the amount withheld, pay may made in whole or in part. Y9. WARRANTIES 29.1 Not withstanding any provisions recent edition, Specifications n, Contractor shallfor warRoad ranty and Bridge Construction, most 39 30. the soundness of all work including resurfacing for at least one year after the date of final acceptance of work. Contractor shall submit a warranty bond acceptable to the City and prior to final payment to the Contractor. 29.2 The Contractor warrants that all equipment, materials and Workmanship furnished, whether furnished by the Contractor or its subcontractors and Suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 29.3 Contractor warrants to the City that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 29.4 Contractor warrants to the City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. CORRECTION PERIOD 30.1 Contractor warrants all material and Workmanship for a minimum of one (1) year from date of acceptance by the City. If within one (1) year after the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance'by City, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective Work, or, if it has been rejected by City, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City. may have the defective Workmanship corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of Engineer/Project Manager, attorneys and other professionals) will be paid by Contractor. 30.2 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 30.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which Contractor In Vi 31. might have under the Contract Documents. Establishment of the time period of one (1) year as described in Section 30.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to the Contractor's obligation other than specifically to correct the Work. CONTRACT TIME 31.1 Time is of the Essence for Work performed under the Contract. The Work under Phase IV -A, as identified in the Schedule of Quantities Section shall be commenced upon the date of "Notice to Proceed" and, subject to authorized adjustments, shall be completed within 12 months. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this contract and subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with the Liquidated Damages provisions of the Agreement with the City. 31.2 The Contractor shall provide services as expeditiously as is consistent with reasonable skill and care and the orderly progress of design and construction. 31.3 Time limits stated in the Contract Documents shall be strictly adhered to. The Work to be performed under this Agreement shall commence as directed in the Notice to Proceed unless otherwise agreed in writing. 31.4 Contract Time may only be changed by a properly and fully executed change order which shall exist prior to the extension of the Contract Time. 31.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party at least fifteen (15) days prior to the project completion date. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. 31.6 Extension of time shall be considered and will be based solely upon the effect of delays to work as a whole. Extensions of time shall not be granted for delays to work, unless Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of the work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the Construction Schedule. Time extensions shall not be granted until all float or contingency time, resulting from the early completion of work on the critical path, available to absorb specific delays and associated impacts is used. 31.7 Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from City for direct, indirect, 41 Job Status: FAILED Job Status Details: Login failure. Check user password, and/or setups. Job Information Device name: System date: System time: Submission date: Submission time: Scan Settings Status Images Scanned: Basic Original Type: Auto Exposure: LightervDarken: Sides Imaged: Resolution: Bits per Pixel: Contrast: Sharpness: Image Size Original size: Template Information XRX_DC470 Name: adrianal 04/17/02 Owner. — 08:10 AM Description: — 04/17/02 08:09AM File Settings Status Images Filed: 0 Bytes Filed: 0 1. Login Repository name: 190.1.1.21 MIXED; Protocol: .FTP' LEAD -EDGE. ,', NDS tree. 0 NDS name context: ONE-SIDED login name: scanuser RES_300 x 300 Destination 1 Volume: 0 Path: /cw_scan/data/users/adrianal 0 Name: 0001 Format; XSM TIFF V6 AUTO Attributes Policy: '! NEW -AUTO -GENERATE Copyrights 1993-1999 Xerox Corporation. AH Riglits Reserved. 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 Contractor for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of City or its agents. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusable Events of Delay": 31.7.1 An act, delay or order of the City obstructing or delaying the CONTRACTOR in the commencement, prosecution or completion of a Project activity other than an act, delay or order issued by the City reasonably in good faith in its role as a Government regulator or actions reasonably taken by the City in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection shall be deemed an Excusable Event of Delay to the extent that performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or negligence of the Contractor or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other term or condition of this Contract. 31.7.2 Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the Contractor or attributable to the Contractor), floods, epidemics, quarantine restrictions and freight embargoes. 31.7.3 Strikes which are unforeseeable or beyond the control of the Contractor to prevent and which are not the result of any or negligence of the Contractor, but only if the Contractor takes reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. 31.7.4 Weather conditions exceeding normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale weather station. 31.7.5 The City acting reasonably, will determine the number of days, if any, that the Contractor has been delayed. Any disputes over the number of days, if any, that the Contractor has been delayed shall be resolved in accordance with the 42 Dispute Resolution provisions. In addition, the Contractor shall continue performance of the Contract Documents. 31.8 When any period of time is referred to in the Contract Documents in days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar b day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 32. CONSTRUCTION SCHEDULE 32.1 Within 10 days after the effective date of this Agreement the Contractor shall submit for the City's approval, the Contractor's construction schedule for the Work identifying the critical path. The Construction Schedule shall be revised and updated for City approval to reflect any granted time extensions. The City shall not approve any unreasonable schedule. The Construction Schedule of Work and all subsequent changes thereto shall be submitted to the City in advance of the required performance. The Construction Schedule of Work shall not exceed the time limits current under the Contract Documents. The Contractor must schedule the prompt obtaining of any required permits. 32.2 The construction schedule shall be in the form of a tabulation, chart or graph 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. 32.3 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. 32.4 The construction schedule shall reflect the completion of all Work to be performed within the specified time and in accordance with the Contract Documents. 32.5 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. 32.6 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. Such time shall not be utilized by the Contractor without the prior written consent of the City. 43 33.• 34. 32.7 If the Contractor desires to make changes in the method of operation after the construction approval of the construction schedule, or if Engineering/Project Manager determines that the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineering/Project Manager a revised construction schedule for approval. PROTECTION OF PERSONS AND PROPERTY 33.1 The Contractor shall be solely responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 33.2 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be incorporated therein; and (3) other property at or adjacent to the site. 33.3 The Contractor shall comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 33.4 The Contractor shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the City) to property at the site caused in whole or in part by the Contractor, a Contractor of the Contractor or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 33.5 All unit prices provided by Contractor as a part of this Bid shall include the cost of all safety equipment necessary for the performance of the Work. 33.6 The Contractor shall comply with the requirements of the Florida Trench Safety Act and all applicable OSHA Regulations pertaining to excavation. 33.7 The contractor shall comply with Florida Statutes, Chapter 556, Underground Facility Damage Prevention and Safety Act and secure the underground locations and obtain a Sunshine State One Call Certification number prior to beginning any excavation. TRAFFIC CONTROL AND WORKING HOURS 34.1 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 44 traffic controls. Work should be avoided during peak traffic hours. Working hours are set between 8 A.M. to 6 P.M. Any deviation shall be approved in advance by the City. 34.2 Contractor shall be responsible for obtaining any and all required Maintenance of Traffic Permits from the appropriate regulatory authorities. 34.3 Lane blockage will not be permitted without written approval of the Engineer/Project Manager. 34.4 All unit prices provided by Contractor as a part of this Bid shall include all cost relating to the Maintenance of Traffic including any and all safety equipment necessary, including but not limited to, barricades, signage, traffic markings, arrow boards, etc. 35. HURRICANE & SEVERE WEATHER PRECAUTIONS 35.1 At the direction of the Project Manager, the Contractor shall immediately take all protective actions necessary to secure the construction site, materials, debris and equipment. 35.2 All construction materials or equipment will be secured against displacement by wind forces. 36. WORK BY CITY OR CITY'S CONTRACTORS 36.1 The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. 36.2 The Contractor shall afford the City's separate Contractors reasonable opportunity for introduction and storage of their materials and equipment for execution of their work. The Contractor shall incorporate and coordinate the Contractor's work with the work of the City's separate contractors as required by the Contract Documents. 36.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 37. PRICE ADJUSTMENT 37.1 Throughout the term of this Agreement, the bid unit price for bituminous material may be adjusted to reflect changes in the Asphalt Index price of bituminous material from that in effect during the month in which bids were received for this contract. The Contractor shall not have the option to reject this cost adjustment of bituminous material. The adjustment will be made in accordance with the following criteria. Price adjustment will apply only to the price of bituminous materials F.O.B. manufacturer's asphalt terminal and will not reflect variations in the cost of transportation from the terminal to the job site. 45 II. Price adjustment shall be made for all bituminous material incorporated into asphalt pavement whether paid for under a separate bid item or under other items which include the cost of bituminous material. III. Price adjustment will be paid on a monthly basis with payment being based on the increased quantities shown on the previous b estimate. All monthly payments shall be subject to correction on the final estimate. IV. Price adjustment made for bituminous material used after the expiration of the allowable contract time, including any item extensions, shall be limited to the increases and decreased dictated by the index in effect on the last allowable contract day. V. The adjusted unit price shall be calculated for the month during which the material was incorporated into the project in accordance with the following formula: PA= PB + (ID — 1.1 IB) during a period of increasing prices. PA= PB + OD — 0.9 IB) during a period of decreasing prices. Where: PA= Adjusted unit price for bituminous material PB = bid unit price for bituminous material ID = Asphalt Price Index during the month in which the material was incorporated into the project IB = Asphalt Price Index during the month in which bids were received for this contract VI. The Florida DOT will determine the asphalt price index for each month. The Index shall be determined by averaging quotations in effect on the first day of the month at all terminals, which could reasonably be expected to furnish bituminous material to the project. VII. A price adjustment will be made only when the current Asphalt index varies by more than plus or minus 10% from the index that was applicable when bids were received. Vill. If the adjusted unit price for any bituminous material items exceeds the bid unit price for that item in excess of 50% of the asphalt price Index for the month during which the bids were received, the City reserves the right to reduce the quantity of that item or delete the contract work in which this material is to be used. IX. In cases where a reduced rate of payment for bituminous material is to be applied due to material failing to meet the specified viscosity requirements, the reduction factor shall be applied to the applicable adjusted unit price in lieu of the original . r' contract unit price. 46 X. The dollar value paid for adjustments will not be included in the final contract amount from which accrued contract time is calculated. XI. The dollar value paid for adjustments will not be included in the final contract amount from which normal retainage is withheld. XII. No adjustment will be allowed for the volume of water used to dilute emulsified asphalt in the proportions established by the contract specifications for use on the job. b XIII. No adjustment will be allowed for the quantity of any item, which is left in place at no pay. XIV. The Asphalt Price Index will be available from the DOT contracts office after the 15th of each month. P 47 COMPANY NAME: (Please Print): G ghts; s- A s P Phone:0 Fax:i ---NOTICE--- BEFORE SUBMITTING YOUR BID MAKE SURE YOU... LJ 11 . Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [12. Carefully read the Detailed Specifications, and then properly fill out the BID FORMS (Attachment "A"). 3. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B") and have it praoperly notarized. Q 4. Sign the CERTIFICATION page (Attachment "C'). Failure to do so will result in your Bid being deemed non -responsive. [ 5. Fill out the BIDDERS QUALIFICATION STATEMENT (Attachment "D"). [2/6. Fill out the REFERENCES page (Attachment "E"). [2'7. Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "F"). 5 c. Fill out the LIST OF SUBCONTRACTORS (Attachment "G"). 29Include a 5% BID BOND. (Attachment "H"). Failure to provide a bond will result in automatic rejection of your bid. 10. Include proof of insurance. 52/11. Carefully read the APPLICATION FOR PAYMENT (Attachment "I"), CHANGE ORDER (Attachment "J"), the FINAL RELEASE OF LIEN (Attachment "K"), and the STANDARD FORM OF AGREEMENT. �2. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. E 13. Make sure your Bid is submitted PRIOR to the deadline.. Late bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. 48 ATTACHMENT "A" BID FORM BID NO. 02-15B Submitted by: 4t=i499A.L SLT (Bidder) la .0 -(Date) TFUS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 5. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an agreement 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. 6. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with 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. 7. Bidder will complete the Work for the prices shown in the "Bid Form". 8. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 49 O1!08i0 1k---N,3 F.A-1 954 72.4 21403 CITY-T_AA--RAC-PLiRCELISING ATTACHMENT "A" RID FORM (continued) BID NO.02-IBB The City of Tamarac is hereby requesting Bids, from qualified vendors, for construction of Phase IV -A of the Street Improvement Program. In order to be considered for this project, the vendor must meet the following conditions: We propose to furnish the following in conformity with the'specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract. documents. PAY ITEM UNIT QUANTITY UNIT COST COST Leveling Course W thickness (Asphalt Type $411) Ton m 11,713 J% 41-2-00 41' 0 Surface Course 1"-1 W thickness (Asphalt Type S-III) T 29,283 . i fC, djilc'i-32.00 # 122y. "I t,00 Surface Course 1 %" thickness (Asphalt Type S-1) T 7,398 �.2 -v Mobilaation Per Milling Lump Sum c. vc-'0. 00 t lcxo(-'+ 00 Milling 1" off Asphalt Square Yard ( 414,490 ' . d 3$r-.171; G Tack coat, Emulsffied Asphalt, AEP Gallon 18,937 41.00 . I L'Q.937, C u Sanitary Sewer Manhole Adjustment (1" riser) Each 438 1 8(i-xv . 37,06 p . 0 v Sanitary Sewer Manhole Adjustment(Milling) Each 65 4.3 C I' I y.yt )() Water Valve Adjustment Each 55 2-5 .O0 i 3 7 00 Striping-6" Wide Double Yellow Solid LF 28,601 01 1967 V 2516F. ze Striping-12". Wide White Solld LF 5,712 IT 1 ) 2;6 4719-7-1 Z Striping4r Wide Yellow Solid : LF 2,726 ,. O r' 1 J9, 4" Wide temporary Paint LF 30,000 itp , .04 2cji;,.0 0 Reflective Pavement Markers Each 11000 44xv 4 CICt► _ O&- Concrete Curbing - Type "D" LF 176,4419 1,16.00 I . © 58 41!A x Concrete Curbing - Removal LF 129.449 (, G 1�jsp_ j _Sr Total plipg, :13 F.LI 951 72 2 08 CITY-T.AxA -kC-PURCHASING ` ATTACHMENT "Arc BI^v FvRINI (continue BID NO. 02-16B Unit prices furnished below are for incidental items or components which the Contractor may be required to furnish as a part of the Work identified in the Contract Documents- Pay items listed shall be provided in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. PAY ITEM UNIT Quantity UNIT COST Crack Sealing LF N/A it�, (r 0 Prime Coat. Emulsified Asphalt, AEP Gallon NIA 2 _50 Clean Sand SY N/A 1 , d 0 Driveway Adjustment by Cut and Match Each NIA i ©p - c3 a Edging of Grass Linear Feet (LF) NIA C ; G Surveying Per hour; N/A 4 ICC, Lid Striping4" Wide Double Yellow Solid LF N/A C < }Q Symbol Pavement Marking Each N/A 4 6 p.,CC? Messages Each N/A vZ6,00 Concrete Curbing — Type "F" LF N/A + . fV Concrete Curbing — 6" Extruded LF NIA ,5 , 45 Brick Pavers (Square Feet) SF NIA 7,00 Sod (Bahia) — including top soil SY NIA 5.1 Sod (St. Augustine) — including top soil SY NIA , C Alternate - Tum Lane Construction — use of brick pave rs in traffic separator Each 41 �' Z�Ln��.a'��s Alternate - Turn Lane Construction — use of color stained concrete in traffic separator Each 41 ! Notes Applying to Bid Items: Quantities, as identified in the Schedule of Quantities and Price section, are for estimate purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted. at the contract unit price. 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. All unit prices provided as a part of the bid shall include all costs relating to the Maintenance of Traffic and any and all required safety equilormilt. Turn Lane Construction - Includes all materials, labor and equipment including but not limited to the cost of excavation, site preparation. grading. base, subgrade, roadwork and concrete construction, compaction, backfilling, pavement restoration, traffic striping and testing. Curb Construction Type D or F — Includes all materials, labor and equipment Including but not limited to the cost of excavation, saw cutting, site preparation, grading, curb construction, compaction, backfilling, pavement restoration and testing. Curb Demolition — includes all work components necessary to demolish and remove existing extruded curbing. Brick Pavers — In addition to the placement of brick pavers the unit price shall include the cost of providing and Installing all specified stabilization material, setting sand and swept sand as well as all compaction required. Grass Sod — Includes all materials, labor and equipment required for establishing grass areas including grading, placement of topsoil, dressing and fill to tab ,final grade, establishment watering and maintenance until acceptance, 3zv ,..w 1/7/02 51 ATTACHMENT "A" BID FORM (continued) BID NO.02-15B The CITY reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the CITY within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. It is the intent .of the CITY to award this bid to theJowest 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 ri to award the bid on a split order basis, lump sum or individual item basis unless �'. ise stat ,. /. '` IVe AAr✓ s P1}A Lr Company Name 4-65o N.W• 72AV�" . Address 1t l�- t o 21 D A City, State, ZIP 76 - 5-o4- Contractor's License Number Sig RoM'G P-T L6 P E Z Typed/Printed Name (305) 592-3488 (3o.0471-4475 Telephone & Fax Number 99 - 111 S297 Federal Tax ID# R9 ATTACHMENT "A" BID FORM (continued) Bidders Name: Cy EN r_12 d-1 sHA T (!Q'r4G TERMS: C % DAYS: Delivery/completion: calendar days after receipt of Purchase Order 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. 53 ATTACHMENT "B" NON -COLLUSIVE AFFIDAVIT State of K Dr. ) )ss. County of_Ma& 1— AD_G ) R o & e Q„T A Lo P E2 being first duly sworn, deposes and says that: 1. He/3Wx is the P2 E S i C> EN T , (Owner, Partner, Officer, Representative or Agent) of C ENERAL A s a'1AL.T C h INC _ the Offeror that has submitted the attached Proposal; 2.. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with .the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: .�' By Witness Witness Printed Name P,zE;s1DeNT Title 55 ATTACHMENT "C" CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Si _P4aSI 1Fir Title PARTNERSHIP ❑ CORPORATIONX OTHER ❑ Re,g P--r A. LoPEz Name (Printed Or Typed) SC 11� 52 7 Federal Employer I.D./Social Security No. 6-sFtieMAL A5;FAALT �C. 4850 N. W 72 AV9 Company Name Address 14 City/Stat /Zip ( AA 4-7 7- 41, 75 'Fax Number (3o,5) 59Z-3493Q Telephone 1Z0aEP=— LoPEZ Contact Person 57 ATTACHMENT "D" 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 88th Avenue Tamarac, Florida 33321 Check One Submitted By: r� 5 PI+A L�i�t�t� Corporation Name: A, LOP-7 ❑ Partnership Address: ❑ Individual Principal Office: i L,4 — ❑ Other Telephone No. S9Z--54-%Q Fax No. -(S65) +77- A-67,5' 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 2. If Offeror is a corporation, answer the following: a) Date of Incorporation: 25' XA-NUA►M 19�� b) State of Incorporation: Ft.o R\ DA 1 c) President's name: Rnaee-T A LOPEZ d) Vice President's name: RbYAL 5 WeRSTEL T �,rJ;�� �'t' X La FEZ e) Secretary's name: n y6j. cS f) Treasurer's name: ALmg-e= g) Name and address of Resident Agent: 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: A 58 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 rt�Jj n I Av/� M 13z(sCe RAP.hlAR D (�5�� 7�17- IZ�IG ; icy F Me Vie;c')Z32Sd- (�-�i a t• PG M r ieE My- A ru p p-tAw, M AC i:::� % s 4-) +i: - 65 H 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). �c'E A i t AEGlJ A 1 AJ j 14. State the name of the individual who will have personal supervision of the work: 11n,eamT A tnPc-z 4e - 15. State the name and address of attorney, if any, for the business of the Offeror: 4-d-,ef t3c)um--%O. LANO 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: A L tF z-- -17 1 r ViF iZ, ri-) VAL,5 WL B!STI�-P— Xt ) -02, 6%b 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: W THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCELAND TERMING THE AWARD AND/OR CONTRACT. ACKNOWLEDGEMENT State of Florida County of _tA, - D&DE On this the 10 day of TA vA izN , 20o7-, before me, the undersigned Notary Public of the State of Florida, personally appeared rZa F vi sz.,.- Al d �z a -7. 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: 0�v'%Y P& OFRCIAL NOTARY SEAL ROYALS WEBSTER JR ' COMMISSION NUMBER D0064755 �Q MY COMMISSION EXPIRES FOF FVO OCT.15,2005 �Ac. SEBSTER �T_ (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or *DID NOT take an oath 62 FORM 37i-0?0-3' CONTRACTS ADMINISTRATION 12/98 Page 16 of 23 GENERAL ASPHALT CO., INC. Audited Financial Statements December 31, 2000 and 1999 LVAREZ, RODRIGUEZ-ECAY & COMPANY, P.A.- Certified Public Accountants -Miami, Florida. GENERAL ASPHALT CO., INC. TABLE OF CONTENTS Page Independent Auditors' Report ................................................. 1 Audited Financial Statements: BalanceSheets.................................................................. 2-3 Statements of Earnings......................................................... 4 Statements of Retained Earnings ........................................... 5 Statements of Cash Flows .................................................... 6 Notes to the Financial Statements .......................................... 7-12 Supplementary Information: Independent Auditors' Report on Supplementary Information....... 13 Schedule of Earnings From Contracts ..................................... 14 General and Administrative Expenses ..................................... 15 ALVAREZ RODRIGUEZ-ECAY & COI✓IPANY; P.A. CERTIFIED PUBLIC ACCOUNTANTS TELEPHONE: (305)444-65(13 183 N.W.4' AVENUE NATIONAL: (5011) 272-5: SUITE 545 FACSIMILE: (305)444-31440 NIIANII. FL 33126 E-MAIL: efalvarez(a.aul.com "INDEPENDENT AUDITORS' REPORT" To the stockholders GENERAL ASPHALT CO., INC. We have audited the balance sheets of GENERAL ASPHALT CO., INC. as of December 31, 2000 and 1999 and the related statements of earnings, retained earnings and cash flows for the years 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 in our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statements 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 GENERAL ASPHALT CO., INC. as of December 31, 2000 and 1999 and the results of its operations and its cash flows for the years then ended in conformity with generally accepted accounting principles. March 22, 2001 Miami, Florida .) �� U GENERAL ASPHALT CO., INC. BALANCE SHEETS December 31, ASSETS 2000 1999 CURRENT ASSETS Cash and cash equivalents $ 86,367 $ 377,568 Accounts receivable — trade, less allowance for doubtful receivables of $50,000 in 2000 and 1999 2,738,727 3,314,741 Costs and estimated earnings in excess of billings on uncompleted contracts 684,064 272,649 Prepaid expenses 87,045 151,111 Accounts receivable — other 69,714 64,505 Inventories 414,399 225,583 Total current assets 4,080,316 4,406,157 PROPERTY AND EQUIPMENT — AT COST 12,423,253 12,783,916 Less accumulated depreciation 7,235,603 7,712,875 5,187,650 5,071,041 OTHER ASSETS Deposits 26,850 26,850 $ 9,294,816 $ 9,504,048 The accompanying notes are an integral part of these statements. 2 GENERAL ASPHALT CO., INC. BALANCE SHEETS December 31, LIABILITIES AND STOCKHOLDERS' EQUITY 2000 1999 CURRENT LIABILITIES Line of credit $ 800,000 $ - Current maturities of long — term debt 639,760 550,857 Accounts payable - trade 1,093,318 738,748 Accrued expenses 443,321 285,006 Deferred tax liabilities 314,955 281,872 Total current liabilities 3,291,354 1,856,483 LONG — TERM DEBT 3,061,473 4,044,433 STOCKHOLDERS' EQUITY, Common stock —1,000 shares of $5 par value authorized, 100 shares issued, 40 and 52.5 shares outstanding in 2000 and 1999 respectively 500 500 Additional paid -in capital 39,500 39,500 Retained earnings 5,041,489 5,015,132 5,081,489 5,055,132 Less: 60 and 47.5 treasury shares, at cost, in 2000 and 1999 respectively 2,139,500 1,452,000 2,941,989 3,603,132 $ 9,294,816 $ 9,504,048 The accompanying notes are an integral part of these statements. 3 GENERAL ASPHALT CO., INC. STATEMENTS OF EARNINGS For the years ended December 31, Contract revenues earned Cost of revenues earned Gross profit on contracts Sales Cost of goods sold Gross profit on sales General and administrative expenses Income from operations Other income (expenses) Interest. income Interest expense Gain on sale of property Miscellaneous income Income before income taxes Provision for income taxes Net income 2000 $ 15,906,719 14,712,214 1,194,505 2,242,591 2,140,583 102.008 1,089,843 206.670 6,159 (407,167) 230,410 23,368 (147,230) 59,440 33,083 $ 26,357 1999 $ 13,347,013 11,914,302 1,432,711 2,253,298 2,126,308 126,990 1,225,532 334,169 9,382 (301,875) 15,596 22,430 (254,467) 79,702 37.155 $ 42,547 The accompanying notes are an integral part of these statements. 4 GENERAL ASPHALT CO., INC. STATEMENTS OF RETAINED EARNINGS For the years ended December 31, Retained earnings at beginning of the year Net income for the years Retained earnings at the end of the year 2000 $ 5,015,132 26,357 1999 $ 4,972,585 42,547 $ 5,041,489 $ 5,015,132 The accompanying notes are an integral part of these statements. 5 GENERAL ASPHALT CO., INC. STATEMENTS OF CASH FLOWS For the years ended December 31, 2000 1999 Cash flows from operating activities Net income $ 26,357 $ 42,547 Adjustments to reconcile net income to cash provided by operating activities: Depreciation 408,153 404,880 Gain on sale of property (230,410) (15,596) Changes in assets and liabilities: Decrease (increase) in accounts receivable 570,805 (706,978) Increase (decrease) in costs and estimated earnings in excess of billings on uncompleted contracts (411,415) 49,020 Increase in inventories (188,816) (90,194) Decrease in prepaid expenses and other assets 64,066 18,993 Increase in accounts payable 354,570 111,778 Increase (decrease) in accrued expenses 191,398 (25,240) Total adjustments 758,351 (253,337) Cash flows provided by operating activities 784,708 (210,790) Cash flows from (used in) investing activities Equipment purchased (594,862) (712,441) Proceeds from sale of fixed assets 300,510 85,853 Treasury shares (687,500) (200,000) Cash flows used in investing activities (981,852) (826,588) Cash flows from (used in) financing activities Principal payments on debt (8,559,123) (5,772,668) Cash provided from debt 8,465,066 6,764,214 Cash from (used in) financing activities (94,057) 991,546 Decrease in cash and cash equivalents (291,201) (45,832) Cash and cash equivalents at beginning of the year 377,568 423,400 Cash and cash equivalents at the end of the year $ 86,367 $ 377,568 Supplemental disclosure of cash flow information Cash paid for interest $ 383,440 $ 276,250 The accompanying notes are an integral part of these statements. 6 GENERAL ASPHALT CO., INC. NOTES TO THE FINANCIAL STATEMENTS As of and for the years ended December 31,2000 and 1999 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES General The company was incorporated under laws of the state of Florida in January, 1966 for the purpose of performing construction contracts; road paving; producing and selling asphalt and providing asphalt hauling services. Use of Estimates Management uses estimates and assumptions in preparing these financial statements in accordance with generally accepted accounting principles. Those estimates and assumptions affect the reported amounts of assets and liabilities and the reported revenues and expenses. Actual results could vary from the estimates that were used. Revenue and Cost Recognition Contract revenue is recognized using the percentage -of -completion method measured by the percentage that work performed bears to total work required by each contract. It is reasonably possible that changes in estimates may occur in the near term. Revisions in cost and revenue estimates are reflected in the period in which the facts which require the revision become known. When the revised cost estimates indicate a loss on an individual contract, the total estimated loss is provided for currently in its entirety without regard to the percentage of completion. Contracts costs include all direct material and labor and those indirect costs related to contract performance, such as indirect labor, supplies, equipment rental, repairs, and subcontractor costs. Selling, general, and administrative expenses are charged to operations as incurred. The asset "cost and estimated earnings in excess of billings on uncompleted contracts", represents revenues recognized in excess of amounts billed. Cash and Cash Equivalents For the purpose of reporting cash flows, the company has defined cash equivalents as those highly liquid investments purchased with an original maturity of three months or less. Depreciation Depreciation is provided for in amounts sufficient to relate the cost of the depreciable assets to operations over their estimated useful lives on the straight-line method.. Inventory Inventory is valued at the lower of cost or market using the first -in, first -out method. 7 GENERAL ASPHALT CO., INC. NOTES OF FINANCIAL STATEMENTS As of and for the years ended December 31, 2000 and 1999 NOTE 2 — CONTRACTS RECEIVABLE Accounts receivable -trade are as follows: Asphalt plant sales Contract revenues Due Retainage Hauling Less allowance for doubtful receivables 2000 $ 306,253 2,226,842 254,585 1,047 2,788,727 50.000 1999 $ 274,775 2,703,121 384,837 2,008 3,364,741 50,000 $ 2,738,727 $ 3,314,741 1 NOTE 3 — COST AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs incurred on uncompleted contracts Estimated earnings Less billings to date Costs and estimated earnings in excess of billings on uncompleted contracts NOTE 4 — CONCENTRATIONS OF CREDIT RISK 2000 $ 6,314,753 1,012,849 7,327,602 6,643,538 1999 $ 3,522,638 799,280 4,321,918 4,049,269 $ 684,064 $ 272,649 $ 684,064 $ 272,649 The company maintains its cash balances in two financial institutions in Miami, Florida. The balances at times may exceed the $100,000 which is insured by the Federal Deposit Insurance Corporation. NOTE 5 — LINE OF CREDIT The company has a bank -line of credit of $1,500,000 at interest of 1 % over the prime rate, with monthly interest payments, through April 30, 2001, and collaterized by commercial property. The balance owed by the company as of December 31, 2000 was $800,000. GENERAL ASPHALT CO., INC. NOTES TO FINANCIAL STATEMENTS As of and for years ended December 31, 2000 and 1999 NOTE 6 — PROPERTY AND EQUIPMENT Property and equipment consist of the following: Category Land Building Plant and equipment Laying equipment Transportation equipment Radio base station Office equipment Shop equipment Less accumulated depreciation NOTE 7 — DEBT Estimated useful lives 20 Years 5-32 Years 4-10 Years 3-10 Years 6 Years 5-10 Years 5-10 Years Debt of the company consists of the following: 6.0% 2.49% 2.49% Note payable in annual installments of $82,500 plus interest through April, 2005, collaterized with 10 shares of common stock of the company. Over -one -month commercial — paper, equipment note_ payable in,monthly installments of $3,248 including interest through February, 2001 Prime rate bank note payable in monthly installments of $11,111 plus interest, callateralized by real property and personal property of the company, through April, 2004 Over -one -month commercial — paper, plant note payable in monthly installments of $18,406 including interest, through August, 2001 2000 $ 1,653,293 324,641 3,765,222 3,228,839 3,203,769 48,160 64,631 134,698 12,423,253 7,235,603 $ 5,187,650 2000 $ 412,500 1999 $ 1,653,293 324,641 3,804,418 3,248,063 3,501,058 57,874 59,871 134,698 12,783,916 7,712,875 $ 5,071,471 1999 43,990 1,922,222 334,078 9 GENERAL ASPHALT CO., INC. NOTES TO FINANCIAL STATEMENTS As of and for the years ended December 31, 2000 and 1999 NOTE 7 — DEBT (Continuation) 1.0% Over prime rate bank note payable, with monthly interest payments, through April, 2001 collaterized by commercial property 1.0% Over prime rate bank note payable in monthly installments of $7,500 plus interest, through March 2004, collateralized by commercial property 6.0% Note payable in annual installments of $82,500 plus interest through April, 2004, collaterized with 10 shares of common stock of the company 6.0% Note payable in annual installments of $20,625 plus interest through September, 2005, collateralized with 2 Y2 shares of common stock of the company 1.25% Over -one -month commercial -paper, plant note payable in monthly installments of $21,654 including interest, through April, 2004 - Equipment note payable in monthly installments of $2,806, through October, 2001 8.95% Equipment note payable, in monthly installments of $798 including interest through September, 2004 Less current portion Future principal payments of notes are as follows: 2000 292,500 330,000 103,125 715,749 30,410 3,701,233 630,760 $ 3,061,473 Year Amount 2001 $ 639,760 2002 633,241 2003 657,303 2004 1,667,804 2005 103,125 $ 3,701,233 1999 $ 1,500,000 382,500 412,500 4,595,290 550,857 $ 4,044,433 10 GENERAL ASPHALT CO., INC. NOTES TO FINANCIAL STATEMENTS As of and for the years ended December 31, 2000 and 1999 NOTE 8 — COMMITMENTS The company leases equipment under four operating leases. Rent expenses under these leases totaled $347,537 in 2000 which was included in the cost of contract revenues. At December 31, 2000 minimum lease payments, including sales tax, under the terms of all lease agreements were approximately as follows: Year Amount 2001 $ 443,30.0 2002 443,300 2003 443,300 2004 434,000 2005 173,400 $ 1,937,300 NOTE 9 — INCOME TAXES The provision for income taxes at December 31, 2000 is as follows: Beginning balance Net operating loss carryforward Timing tax difference Adjustments Provision for Deferred Deferred Income Tax Tax Taxes Assets Liabilities 44,201 (11,118) $ 33,083 (44,201) 14,934 29,267 $ (281,872) (3,816) (29,267) $ (314,955) The company has available at December 31, 2000 $141,415 of net operating loss carry forward that may be applied against future taxable income. GENERAL ASPHALT CO., INC. NOTES TO FINANCIAL STATEMENTS As of and for the years ended December 31, 2000 and 1999. NOTE 10 — BACKLOG The following is a reconciliation of backlog representing signed contracts in existence at December 31,: 2000 1999 Balance at January 1, $ 15,999,300 $ 14,825,009 New contracts and adjustments during the year 16,974,719 14,521,304 32,974,019 29,346,313 Less: Contract revenues earned for the year ended December 31, 15,906,719 13,347,013 Balance at December 31, $ 17,067,300 $ 15,999,300 NOTE 11 — ECONOMIC DEPENDENCY A significant amount of the company's revenues during 2000 were from fifteen customers. The revenues from these customers totaled $12,100,000 approximately. At December 31, 2000, amounts due from these customers, included in accounts receivable -trade, totaled $1,831,555. During 2000 the company purchased approximately 95% of its goods from four major suppliers. At December 31, 2000 amounts due to these suppliers included in accounts payable, totaled $614,532. 12 ALVAREZ RODRIGUEZ-ECAY & COti1PAN"i, P.A. CERTIFIED PUBLIC .-ACCOUNTANTS TELEPHONE: 782 NA . 42 AVENUE NATIONAL: (SOn) 2"72-51 SUITE 545 FACSIMILE: (_ U5) 444-1540 SUI SIINI TE 5 33126 E-NIAIL: efalvarezra.aol.com To the stockholders GENERAL ASPHALT CO., INC. Miami, FL Our report on our examination of the basic financial statements of GENERAL ASPHALT CO., INC. for the years ended December 31, 2000 and 1999 appears on page 1 This examination was made for the purpose of forming an opinion on such financial statements taken as a whole. The supplementary information is presented for purpose of additional analysis and is not required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in examination of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements for the years ended December 31, 2000 and 1999 taken as a whole. March 22, 2001 Miami, Florida 13 GENERAL ASPHALT CO., INC. SCHEDULE1 EARNINGS FROM CONTRACTS DECEMBER 31,2000 FOR THE YEAR ENDED DECEMBER 31,2000 1999 REVENUES COST OF GROSS GROSS EARNED REVENUES PROFIT PROFIT COMPLETED CONTRACTS $ 11,625,462 $ 10,932,008 $ 693,454 $ 290,335 CONTRACTS IN PROGRESS AT YEAR-END 4,281,257 3,780,206 501,051 511,797 $ 15,906,719 $ 14,712,214 $ 1,194,506 $ 802,132 mwzmwlmmm� 0 It r GENERAL ASPHALT CO., INC. GENERAL AND ADMINISTRATIVE EXPENSES For the years ended December 31, Advertising Auto and truck expenses Bad debts (recovered) Depreciation Donations Dues and subscriptions Entertainment and promotions Insurance Licenses and taxes Office expenses Payroll - general Payroll -officers Payroll taxes Professional fees Repairs and maintenance Small tools and supplies Telephone Utilities 2000 $ 1,585 1,139 (7,866) 30,052 3,285 24,634 52,633 82,322 27,461 36,404 241,597 357,916 32,254 71,858 18,261 50,474 13,302 52,532 $ 1,089,843 1999 $ 1,012 817 13,389 16,964 6,625 25,626 47,111 56,151 26,353 71,782 243,090 498,404 30,441 58,436 27,268 32,096 10,836 59,131 $ 1,225,532 15 ATTACHMENT "E" REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name r Elq R.At Address +A4 o /v W 7 AUE City State Zip M 1 A M t Elrb 21 176- Phone/Fax 69) 591- &4AO Agency/Firm Name: CovNT\j `Wam Address itob —.ON a - City State Zip k=1 g: �f ul_�s T r Phone/Fax /" O - I Z q a- + 4.Z,. Contact Name _ DAyg- • k-O PPUL i?9. - Agency/Firm Name: M fAV,--A d °in- 1-- P(1172 s d v Address it t 14W t fll City State Zip M l A t. i � � a 3 i z.R -- Phone/Fax �'�a 5) 3- Contact Name j IN TZA FLA SSA Agency/Firm Name: 7A-iPiF Ravirr& T6I4J Address 33? C3 -s ,U-t 'T 1 A City State Zip'r (txv - ^^ = cL �3- Phone/Fax 79 2 4220 ti � (t� ��) =A9B-S Contact Name =o A '5s5A Agency/Firm Name:,zr—� Address 14-2 5L,� B 3 s - City State Zip kiAtAt Phone/Fax I �C, S% z 3� � Contact Name �a • LA 8Gw Agency/Firm Name: L--Ax;p D6VELb•AMrhii Tti;C - Address .Z iz ti° i4 Avg - City State Zip El Phone/Fax Contact Name t'c�A�n >✓i•"'i=�,� 63 ATTACHMENT "F" 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: 6. 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. 7. 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. 8. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 9. 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 polo 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. 10. 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. 11. Make a go aith effort to continue to maintain a drug -free workplace through imple tation this ection. As the person authorized to sign the statement, 1 c at�Qrr omplies fully with the above requirements. r_c,gep.AL AsPHAi Ca..IrNc Company Name 64 ATTACHMENT "G" LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Contractor Percent License of Total Subcontractor's Work to be Performed Number Contract Name and Address 1. IYIiLLIt46 2.^ncm Cyr►=Ab PAVA16 Cr.. 14`7%!0 MARLS -,3T. 3. C.*CRrTF i A•1t9�'AL b` 3Z, _rFIVC% N�r0ZA2-1sC5 JJ9�2' SLR 76AVC: Db►� i r; FL -6152Z 4. 151MIPJ 6- 65 THE AMERICAN INSTITUTE Of ARCHITECTS AtA Document A310 Bid Bond KNOW All MEN BY THESE PRESENTS, that we GENERAL ASPHALT CO., INC. 4850 N.W. 72nd Avenue [Here insert full name and address or leaal title of Contractor) Miami FL 33166 as Principal, hereinafter called the Principal, and NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CNA Plaza (Here ) insert full name and address or lefral title of Surety Chicago IL 60685 a corporation duly organized under the laws of the State of as Sure hereinafter rallf:d the Surety, are held and firmly bound unto CITYO VMARAC, [Here insert full name and addtess or iesal title of'OvAmil 7525 N.W. 88th Avenue, Tamarac, FL, 33321 . as Obligee, hereinafter called the Obligee, 'In the sum of Five percent of amount bidDollars (S 5%n of Amount Bid ), for the payment of which sum well and truly to be made,, the said Principal and the said Surety, bind" ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of:projectl Street Improvement Project - Mill, Resurface and Restripe NOW, THE ItEF.ORE, if the Obligee shall accept the bid of the Principal and the Principal shall. enter into a Contract with the Obligee in accordance with'the terms of such bid, and.give:such bond. or bonds as may be specified in the buidina. or. Contract Documents with good and sufficient surety for the faithful ptrfoi.mance of such Contract and for the prompt payrnent of labor and material furnished in the prosecution, thereof, or in the event.of the failure of the PrincipaP to enter, such Contract and ,give such bond or bonds„ if the Principal ,shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the i ibfiflee.may in flood faith contract with ,another party to perform the Work -covered by said bid, then this obligation shall be null and.voidi otherwise to remain iri IWI I force, and affect: Signed and sealed this 10th day of. January 2002 W Olga Iglesias 1 .(Witness) NATIONAL PAE INSURANCE COMPANY OF HARTFORD f u►ety) (Seaf) Agent Attomey-in-Fact AIA DOCUMENT A314 • 810 BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN ' INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 2t) % POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Joseph M. Pietrangelo, William L. Parker Olga L. Iglesias E. B. Blondell Jr. Davor I. Mimica Martha Menendez,_ Of Miami, Florida their true and lawful Attorneys}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature — In Unlimited Amounts — and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 22nd day of October, 2001. 6�t. 1ULY 11, o0SEAL ,�on1,9T Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 22nd day of October, 2001, before me personally came Michael Gengler to me known, who, being by me duly swom, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, . Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' - DIANE FAULKNER Notary Public, State of Illinois My Commission Expires 9/17/05 My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this loth day of January 2002 000roatte P �v SEAL 1997 Mres Continental Casualty Company National Fire Insurance Company of Hartford ` to ;a American Casualty Company of Reading, Pennsylvania DULY �I, ^ onl0 Mary A. Ribikawskis Assistant Secretary (Rev. 10/11/01) Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certity tnat General Asphalt Company, Inc. Name and Liberty 4850 N. W. 72nd Avenue ,— address of Miami, FL 33166 insured. MUtUal Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subj to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to wh this certificate may be issued. TYPE OF POLICY EXP.DATE WORKERS CONTINUOUS COMPENSATION ❑EXTENDED ®POLICY TERM 01 /01 /2003 GENERAL LIABILITY 1 01/01/2003 ® OCCURRENCE CLAIMS MADE AUTOMOBILE LIABI ® OWNED ® NON -OWNED ® HIRED RETRO DATE 01 /01 /2003 " n mn I 01 /01/2003 Umbrella Excess Liability POLICY NUMBER WC2-15G-410483-322 TB2-151-410483-192 LIMIT OF LIABILITY COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: Florida $2,000,000 EMPLOYERS LIABILITY Bodily Injury By Accident $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 EaPwch rsnn Products/Completed Operations Aggregate $1,000,000 Bodily Injury and Property Damage Liability Per $1,000,000 Occurrence Personal Injury Per Person/ $1,000,000 Organization Other Fire Legal - $100,000 Other Med. Pay - $5,000 AS2-151-410483-332 1 $1,000,000 Each Accident - Single Limit Each Person Each Accident or Occurrence Each Accident or Occurrence THI-151-410483-172 $2,000,000 Single Limit for Bodily Injury and Property I Damage Liability over Underlying Limit BID NUMBER 02-15B If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate explratlon date. SPECIAL NOTICE-OHIO- ANY PERSON WHO WITH INTENTTO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILE A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED r~ UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: L . I - ro 5077 James R. Fiet AUTHORIZED REPRESEINTATIVE CERTIFICATE CITY OF TAMARAC {800) 542-0005 01/01/2002 HOLDER PURCHASING AND CONTRACTS MANAGER Ft. Laud rd a FL X rE7NUE E PHONE NUMBER DATE ISSUED 7525 NORTHWEST 88 A { TAMARAC, FLORIDA 33321 This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS1501 I _ 12/'20/01 15:48 FAX 954 724 2408 CiTY-TAIJARAC-PURCHASING Z 001/004 GENERAL ASPHALT CO INC ATTN ROB LOPEZ 305/ 477-4675 City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2d50 Facsimile (954) 724-2408 Website: wwwtomarac.org ADDENDUM #1 TAMARAC STREET IMPROVEMENT PROJECT - PHASE IV -A BID NO.02 -15B DATE OF ADDENDUM: DECEMBER 20, 2001 Bidders on the project are hereby notified that this Addendum shall be attached to and made part of the above named Bidding Document. The following items are issued to, add to, modify, and clarify the Bidding Documents. These items shall have full force and effect as the Bidding Documents, and cost involved shall be included in the bid prices. 1. Replace Bid Forms (Pages 50 & 51) with the attached forms. All other requirements shall remain as specified in the original bid request. if you have any questions, please call the Purchasing Office at (954) 724-2450. Ly da S. Flury, C PO Purchasing & Contracts Manager 12/20/01 15: 48 FAX 954 724 2408 CITY -Taal MIAC-PURCHASING fa 002/004 y ATTACHMENT "A" BID FOI�AA (continued) BID NO.02-ISB The City of Tamarac is hereby requesting Bndos�dfro to be I considered d vendors, for ns tiered for this project, Ion of Phase the vendor IV A of the Street Improvement Program. must meet the following conditions: We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted a d to Bidder for thebeen ceckedasuccessfulco completion of its obligation as nd certified to be correct. Said prices are fixed and firm and shall be p specified in the contract documents. 50 12/20/01 15:49 F-AY 954 724 2408 CITY-T.A3LkKA(;-ruxt,nA0i11u .., V V , V V'- ATTACHMENT "A" BID` (contfnueo7 BID NO.02-16B Unit prices fumished below are for incidental items or components which the Contractor may be required to furnish as a part of the Work identified in the Contract Documents. pay items listed shall be provided in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. Notes Applying to Bid Items: Dees only and accuracy is not Quantities, as identified in the Schedule of Quantities and Price section, are for estimate pure implied or guaranteed. Payment shall be based upon actual quantities placed and accepted at the contract unit price. 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. All unit prices provided as a part of the bid shall include all costs relating to the Maintenance of Traffic and any and all required safety equipment. Tum Lane Construction - Includes all materials, labor and equipment Including but not limited to the cost of excavation, site preparation, grading, base, subgrade, roadwork and concrete construction, compaction, backfilling, pavement restoration, traffic striping and testing. Curb Construction Type D or F - Includes all materials, labor and equipment including but not limited to the cost of excavation, saw cutting, site preparation, grading, curb construction, compaction, backfilling, pavement restoration and testing. Curb Demolition - includes all work components necessary to demolish and remove existing extruded curbing- Brick Pavers - In addition to the placement of brick pavers the unit price shall include the cost of providing and installing all specified stabilization material, setting sand and swept sand as well as all compaction required. Grass Sod - includes all materials, labor and equipment required for establishing grass areas including grading, placement of topsoil, dressing and fill to establish final grade, establishment watering and maintenance until acceptance. 12/20/01 15:49 FAX 954 724 2408 CITY-T0LkRAC-FURCliA51NV WJVV*"vu* 02-15B STREET IMPROVEMENT IV -A PARTICIPATING MANDATORY ATTENDEES December 20, 2001 ACCEPTED ONLY FROM COMPANIES LISTED BELOW BIDS H & J ASPHALT INC PAVEX CORP BAUGH ATTN ROLAND PERDEMO 2501 NW 48 T 4310 NW 35 AVE MIAMI FL 33142 POMPANO BEACH FL 33073 305/ 634-3342 FX 305/ 634-3311 954/ 428-8712 954/ 429-9637 HARDRIVES INC H & R PAVING INC ATTN W. ALLEN POSTON ATTN WILLY PINTO 2101 S CONGRESS AVE 1955 NW 110 AVE DELRAY BEACH FL 33445 MIAMI FL 33172 561 / 278-0456 FX 561 / 278-2147 305/ 261-3005 FX 305/ 592-6079 APAC-PAN AMERICAN GENERAL ASPHALT CO INC ATT SCOTT HOLCOMB ATTN ROB LOPEZ 7600 NW 69 AVE 4850 NW 72 AVE MEDLEY FL 33166 MIAMI FL 33166 305/ 883-8770 FX 305/ 883-6606 305 592-3480 FX 3051477-4675 DOWNRITE MILLING COMMUNITY ASPHALT CORP ATTN JACK O'CONNOR ATTN TINA PEREIRA 14236 SW 37 AVE 14005 NW 186 ST MIAMI FL 33186 HIALEAH FL 33018 7861236-9411 FX 305/ 232-5386 3051' 829-0700 305/ 829-8772 CITY OF TAMARAC U:l 2002102-158/ STREET IMPROVEMENTS lV-A 12/20/2001 ALC Ul/UJ/ VL 1J. Vi rAA 001 1 i1 i1Vv �.a1i—y.aya.-aa�aav-• a: a.vau•v .. .. City of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2d08 Website: www.famorac.org ADDENDUM #2 GENERAL ASPHALT CO INC ATTN ROB LOPEZ FX 305/ 477-4675 2 PAGES TAMARAC STREET IMPROVEMENT PROJECT — PHASE IV -A BID NO. 02 -15B DATE OF ADDENDUM: January 3, 2002 Bidders on the project are hereby notified that this Addendum shall be attached to and made part of the above named Bidding Document. . The following items are issued to, add to, modify, and clarify the Bidding Documents. These items shall have full force and effect as the Bidding Documents, and cost involved shall be included in the bid prices. Question #1 - Can we mill one day and pave the next? Answer - City's technical specifications, Section D (3), specifically states, "milled pavement must be resurfaced the same day it was milled". Question #2 - What are the City's specifications for type D curb? Answer - The City's minimum standard for type D curb is attached. Please note that this information Is also available on the City's web site at http://www.tamarac.org/home.asp?p=Business All other requirements shall remain as specified in the original bid request. If you have any questions, please call the Purchasing Office at (954) 724-2450. 4Ln S_ Flurry, GP 0 Purchasing & Contracts Manager Attachment (1) Equal Opportunity Employer 2002-BAN-03 10109AM FRO* -PUBLIC WORKS 6" to r =i 7Z41365 yJ V VL/ VVl. T-388 P.002/002 F-621 TYPE "D" CONCRETE CURB GENERAL NOTES: 1 • LIMEROCK BASE SHALL BE COMPACTED TO NOT LESS THAN 98% OF MAXIMUM DENSITY AS DETER- MINED BY AASHTO T-180 WITH MINIMUM LBR 100 AND MAXIMUN OF OF 6" LIFTS. 2. SUB GRADE SHALL BE COMPACTED TO NOT LESS THAN 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180 WITH MINIMUM LBR 40 AND A MAXIMUM OF 6" LIFTS, 3- DENSITY TESTS SHALL BE REQUIRED AT A MINIMUM OF ONE PER 5,000 SQUARE FEET, AND PERFORMED BY AN APPROVED INDEPENDENT LABORATORY AT THE CONTRACTOR'S EXPENSE. 4. EXTRUDED CURB SHALL BE POURED MONOLTHICALLY ALL CURBS SHALL BE CONSTRUCTED IN ACCORDANCE WITH THIS DETAIL SHEET. 5. CONTROL JOINTS SHALL 8E TOOLED OR CUT EVERY TEN (10) FEET. 6. ALL AREAS BEHIND CURBS SHALL BE BACKFILLED WITHIN 72 HOURS OF PLACEMENT. 11 GENERAL ASPHALT CO INC— ATTN ROB LOPEZ FX 305/ 477-4675 of Tamarac Finance Department, Purchasing Division 7525 N.W. 88th Avenue, Tamarac. Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724.2408 Website: www.tomarac.org ADDENDUM #3 TAMARAC STREET IMPROVEMENT PROJECT — PHASE IV -A BID NO. 02 -'15B DATE OF ADDENDUM: January 7, 2002 REVISED BID OPENING DATE: MONDAY, JANUARY 14, 2002 AT 2:00 P.M. Bidders on the project are hereby notified that this Addendum shall be attached to and made part of the above named Bidding Document. The following items are issued to, add to, modify, and clarify the Bidding Documents. These items shall have full force and effect as the Bidding Documents, and cost involved shall be included in the bid prices. I. Do the median islands with the pink concrete stay in place or get removed? If the existing curbing does not comply with 'Type D or F" specifications, it shall be removed. This includes the stained concrete. 2. Who is responsible for the landscaping at the bull noses? To the extent necessary, existing landscaping located in bullnoses shall be removed by contractor. Contractor shall be responsible for relocating/repairing irrigation system as necessary. 3. Do we remove any curb that has existing brick pavers in the middle? If the existing curbing does not comply with 'Type D.or F" specifications it shall be removed. This includes removal of bricks pavers to the extent necessary to perform the work. 4. Since we must mill and pave the same day, we are going to have to install the new curb after the final lift of asphalt is this acceptable? The construction performed under this contract shall be in the order indicated: (1) removal of curbing, (2) installation of curbing, (3) milling & (4) resurfacing 5. Is the use of recycled asphalt permissible? Section 3 (b) states that 'all bituminous mixtures to be used in leveling or surface course shall not contain any recycled material". 1 Equal Opportunity Employer V1/ VV/ VL ii ii lLafa VV4 I&V i4VV -_-AVV -• V V i Addendum #3 January 7, 2002 6. Is all existing curb to be removed extruded 6 x 6 curb, not trenched? To put it another way - is it just poured on top of existing asphalt? The existing curbing to be removed is extruded curbing placed on top of the road surface. 7. The turn lane construction bid item says alternate, so does it affect the bid result if it is an alternate or should it be on the second page of bid items and have no effect on the outcome of the bid. The Turn Lane pay item listed on page 50 of the bid is an alternate. A revised bid forms (Pages 50 & 51) are provided for bidding this Rem. (See Attached) 8. Clarify the amount of asphalt to be utilized in construction of tum lanes is it 1" or 1.5"? In accordance with Index #513 of the FDOTs Roadway & Traffic Design Standards, use two 3/4" lifts of TYPE S-III asphalt. 9. Which turn lane detail in Index 301 should be utilized for bidding? For the purposes of the bid utilize a Single Left Turn as indicated on Index 301. Note the alternate has been expanded to include the use of stained concrete or brick pavers in the traffic separator. All other requirements shall remain as specified in the original bid request. If you have any questions, please call the Purchasing Office at (954) 724-2450. Ly a S. Flurry, CPPO Purchasing & Contracts Manager Attachment (2) N ATTACHMENT "A" BID FORM (continued) BID NO.02-16B The City of Tamarac Is hereby requesting Bids, from qualified vendors, for construction of Phase IV -A of the Street Improvement Program. In order to be considered for this project, the vendor must meet the following conditions: We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. PAY ITEM UNIT QUANTITY UNIT COST COST Leveling Course %" thickness (Asphalt Type S-III) Ton (T) 11,713 Surface Course 1"-1 % thickness (Asphalt Type S-111) T 29,283 Surrace Course 1 1/" thickness (Asphalt Type S-1) T 7,396 Mobilization Per Milling Lump Sum Milling 1" off Asphalt Square Yard (SY) 414,490 Tack coat, Emulsified Asphalt, AEP Gallon 18.837 Sanitary Sewer Manhole Adjustment (1 riser) Ifach 436 Sanitary Sewer Manhole Adjustment (Milling) Each 65 Water Valve Adjustment Each 66 Striping-6" Wlde Double Yellow Solid LF 28,601 Striping-12' Wide White Solid LF 5.712 Striping-6" Wide Yellow Solid LF 2,726 4" Wide temporary Paint LF 30.000 Reflective Pavement Markers Each 11000 Concrete Curbing — Type "D" LF 176,449 Concrete Curbing — Removal Total LF 129.449 Revised 1/7/02 50 V1/ VO/ VL il. to EJ%" OV'f r L'! L'2V V -.11 asa+ua _ ��-�.••-+—• -• z, _ _ _. _ _ _ ATTACHMENT "A" BID FORM (continued) BID NO.02-16B Unit prices furnished below are for incidental items or components which the Contractor may be required to furnish as a part of the Work identified in the Contract Documents- Pay Items listed shall be provided in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. PAY ITEM UNIT Quantity UNIT COST Crack Sealing LF N/A Prime Coat, Emulsified Asphalt, AEP Gallon NIA Clean Sand SY NIA Driveway Adjustment by Cut and Match c N/A Edging of Grass Linear Feet (LF) NIA Surveying er, our, N/A Striping4" Wide Double Yellow Solid LF N/A Symbol Pavement Marking Each N/A Messages Each N/A Concrete Curbing — Type IF" LF NIA Concrete Curbing — 6" Extruded LF N/A Brick Pavers (Square Feet) SF N/A Sod (Bahia) — including top soil SY N/A Sod (St. Augustine) — including top soil Sy N/A Altemate - Tum Lane Construction — use of brick pavers in traffic separator Each 41 Alternate - Tum Lane Construction — use of color stained concrete in traffic separator Each 41 Notes Aoohring to Bid Iterrr,_s: Quantities, as identified in the Schedule of Quantities and Price section, are .for estimate purposes only and accuracy is not implied or guaranteed. Payment shall be based upon actual quantities placed and accepted„at the contract unit price. 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. All unit prices provided as a part of the bid shall include all costs relating to the Maintenance of Traffic and any and all required safety equipment. Turn Lane Construction - Includes all materials, labor and equipment including but not Ilmited to the cost of excavation, site Dreparation. grading. base, subgrade, roadwork and concrete construction, compaction, backfilling, pavement restoration, traffic striping and testing. Curb Construction Type D or F — Includes all materials, labor and equipment Including but not limited to the cost of excavation, saw cutting, site preparation, grading, curb construction, compaction, bacidilling, pavement restoration and testing. Curb Demolition — includes all work components necessary to demolish and remove existing extruded curbing. Brick Pavers — in addition to the placement of brick pavers the unit price shall include the cost of providing and Installing all specs fed stabilization material, setting sand and swept sand as well as all compaction required. Grass Sod — Includes all materials, labor and equipment required for establishing grass areas including grading, placement of topsoil, dressing and fill to establish final grade, establishment watering and maintenance until acceptance. Revised 1/7/02 51 Certificate of Insurance IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that General Asphalt Company, Inc. 4850 N. W. 72nd Avenue Name and Liberty Miami, FL 33166 �— address of Insured. Mutual I- -J 0149- A-f- d Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subj to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to wh this certificate may be issued. TYPE OF POLICY EXP.DATE POLICY NUMBER LIMIT OF LIABILITY WORKERS COMPENSATION CONTINUOUS EXTENDED WC2-15G-410483-322 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY Bodily Injury By Accident HPOLICY TERM 01 /O1 /2003 Florida $500,000 Each Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person GENERAL LIABILITY 01/01/2003 TB2-151-410483-192 General Aggregate - Other than Products/Completed Operations $2,000,000 ® OCCURRENCE vgnd0 El CLAIMS MADE pate ACce NOt /J j 1 Review• .L r'✓ Products/Completed Operations Aggregate $1,000,000 Bodily Injury and Property Damage Liability $1,000,000 Per Occurrence Personal Injury $1,000,000 Per Person) Organization ATE Ceptable gel Other Fire Legal - $100,000 Other Med. Pay - $5,000 AUTOMOBILE LIAB�;7e AS2-151-410483-332 $1,000,000 Each Accident - Single Limit B.I. and P.D. Combined ® OWNED ® NON -OWNED AEach Each Person Accident or Occurrence Each Accident or Occurrence ® HIRED OTHER Umbrella Excess 01/01/2003 THI-151-410483-172 $2,000,000 Single Limit for Bodily Injury ryand Property y Liability Damage Liability over Underlying Limit ADDITIONAL COMMENTS PROJECT NAME: TAMARAC STREET IMPROVEMENT PROJECT - PHASE IV -A CITY OF TAMARAC IS ADDITIONAL INSURED AS TO GENERAL LIABILITY If the certificate expiration date is continuous or extended term, you will be notified it coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO- ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILE A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: 507 James R. Fiet CERTIFICATE CITY OF TAMARAC AUTHORIZED REPRESENTATIVE HOLDER PURCHASING AND CONTRACTS MANAGER Ft. Laud jrdje, FL (800) 542-0005 01/01/2002 7525 NORTHWEST 88 AVENUE CkdCE PHONE NUMBER DATE ISSUED TAMARAC, FLORIDA 33321 This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS1501 TECHNICAL SPECIFICATIONS GENERAL PROVISIONS 1. APPLICABLE CODES STANDARDS AND SPECIFICATIONS Unless noted else where in the Contract Documents, All construction and materials furnished under this Contract shall be in strict accordance with the applicable provisions of the following: The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction", Latest Edition U.S.D.O.T. "Manual on Uniform Traffic Control Devices for Streets and Highways", Latest Edition American Association of State Highway Transportation Officials (AASHTO), American Society for Testing and Materials (ATSM) City of Tamarac, Engineering Minimum Standards, Latest Edition Broward County, Engineering Minimum Standards, Latest Edition Applicable City, State, and County Codes 2. Pre -Construction After a contract has been awarded a preconstruction meeting shall be held before the start of work. Representatives of the City, the Contractor's Project Manager and Superintendent, and City's Design Consultant shall meet to discuss construction issues and how work is to be progressed. The agenda shall include but not be limited to the following topics: • Project schedule, order of work, critical items and work sequencing • Review of technical specifications • Testing, Inspections and Engineering Approvals • Work to be performed by subcontractors • Project contacts and communication procedures between contractor, City staff and City's Design Consultant. • Permitting and coordinating issues with the City and other agencies. • Safety and Maintenance of Traffic • Site conditions and conflicts • Storage of construction material and equipment • • Processing of field decisions and payments x Records and documents maintenance 3. Proiect Meetings a) Contractor's Project Manager and Superintendent shall be in attendance at all Project Meetings. b) City shall provide meeting minutes reflecting all items discussed as well as agreed upon or suggested solutions. c) Upon receipt by U.S. Mail or facsimile, Contractor shall have 48 hours to review meeting minutes provide written comments to City indicating all areas of dispute. In the event that Contractor makes no response the meeting minutes provided by the City shall be presumed as a true and accurate reflection of the items discussed. 4. Submittals Number Item Due 1.0 Any required shop drawings & samples 14 days after Notice to Proceed 2.0 Certified Mix Design 10 days after award of Contract 3.0 Critical Path Construction Schedule 10 days after award of Contract I 0 81 TECHNICAL SPECIFICATIONS Pavement and Pavement Marking A. Scope of Work The work specified in this section consists of furnishing all labor, material, equipment to resurface approximately 23 miles of the City streets, as identified in Table 1 and Figure 1. The work shall include surface preparation, sanitary manhole and water valve edjustment, driveway adjustment, milling selected streets, crack sealing, applying a tack coat, placing leveling and surface courses, providing multiple lifts of asphalt as necessary, and applying temporary and permanent pavement marking, in accordance with these specifications. B. Surface Preparation Surface preparation includes cutting the grass to expose existing asphalt to the pavement edge, and removing all loose grass and stone. Grass edging shall not be required if the street in question is to be milled. The existing pavement surface shall be swept to remove all loose material, which might prevent proper bonding of the new asphalt. Revolving brooms, vacuum sweeper or approved mechanical sweepers, supplemented by hand sweeping shall be required. C. Adjustments and Geometric Requirements 1. Work shall include adjustment of driveways, sanitary sewer manholes and water valves to be flush with the new pavement surface. The finished surface shall be level and smooth and must conform to the tolerance limits set forth in FDOT Standard Specifications for Road and Bridge Construction, most recent edition. In case of any conflict or variation, the City shall be the sole judge of establishing acceptable tolerances. 2. Like the finished surface, all edges shall be level, smooth and straight. Where necessary, or required, edges shall be feathered smoothly well beyond the finished surface so as not to cause any stormwater accumulation or any abrupt change in grade causing a driving hazard. In some instances it will be necessary to cut and match an intersecting street or a driveway. The City shall be the sole judge of making the determination whether the adjustment should be by means Qffeathering or by cut -and -match. On streets with curb and gutter, the top surface asphalt course shall be feathered in a manner such that either the asphalt is flush with the edge of concrete gutter or is not more than % inch above the concrete gutter. 3. All grades, both in longitudinal and transverse directions, shall be adjusted and maintained in a manner so as to cause all stormwater runoff to flow towards the designated stormwater inlets (catchbasins). Contractor shall be responsible for studying the direction of stormwater flow with respect to the location of stormwater inlets (catchbasins) and accordingly create or maintain existing high and low points with suitable cross slope adjustments to maximize stormwater flow into the catchbasins. It is recognized that some "ponding" may occur after resurfacing. City shall accept such temporary accumulation of water provided it is within the tolerance limits specified in the City Code. Any stormwater accumulation exceeding the City tolerance shall not be acceptable and shall be corrected by the Contractor at no expense to the City. In case of doubt, the Contractor shall verify with the Project , c Manager. 0 82 D. Milling of Existing Asphalt Surface 1. Milling an inch (1.0 ") off the existing asphalt surface is required only in selected streets, as shown in Table 1. The purpose of milling is to improve the rideability of the finished surface. 2. The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and longitudinal profile to produce the specified results. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results, the milling machine will be rejected for further use. 3. Where the existing asphalt layer is less than 1.0 inch thick, the exposed base course shall be compacted and primed before the application of overlay. Milled pavement must be resurfaced the same day it was milled. The milling machine shall be equipped with means to effectively limit the amount of dust escaping the removal operation. 4. Multiple lifts of asphalt shall be used in the event that one application of asphalt does not bring the milled surface up to the required elevation and/or grade. E. Crack Sealing Crack sealing is to be performed prior to resurfacing only in selected streets as determined by the Project Manager. Cracks larger than % inch wide are to be sealed. Material, equipment and application shall conform to the following specs: Sealing Compound The sealing compound shall be rubberized asphalt conforming to Federal Specifications SS-S-1401 C. Equipment 1. A mechanical joint router or a random crack saw; 2. Air Compressor capable of furnishing not less than 100 cubic feet of air per minute of not less than 100 pounds per square inch pressure. Suitable traps shall be employed to maintain the compressed air free of oil and moisture; 3. Sealing Compound Applicator 4. Power wire brush Execution 1. Using a mechanical joint router, rout cracks to dimensions shown on the following drawings: Moderate Asphalt Crack (>1/4 ") 0 5" Concrete Layer E---1 0.5" Reservoir To be filled with sealant h 0 83 2. Clean routed cracks with power wire brush followed by oil -free compressed air jet. 3. Heat sealing compound using a sealant applicator. The sealant shall be applied to cleaned cracks at the manufacturer's recommended application temperature. 4. Install sealing compound as shown in the above drawing, and such that in -place sealant shall be well bonded to the pavement and free of voids or entrapped air. In addition, the cracks shall be sealed in a neat and workmanlike manner, so that upon completion of the work, the surface of the sealant material shall be flush with the pavement surface. Any excess material on the surface of the pavement shall be removed and the pavement surface shall be left in a clean condition. The period of cure shall be in accordance with the manufacturer's recommendations. Vehicular or heavy equipment traffic shall not be permitted on the pavement in the area of the joints during the curing period. F. Construction of Leveling and Asphalt Layers Typically, work shall consist of the construction of a one inch (1") minimum thickness asphaltic concrete surface course composed of a mixture of aggregates, mineral filler and asphalt cement properly laid upon the existing roadways as listed in the specifications. Streets that are to be milled shall be overlaid with a surface course compacted to not less than one and one half inches (1 1/2") thick. Multiple lifts shall be used when required. The exact limits of resurfacing to be determined in the field by the Project Manager. On Southgate Boulevard and NW 64th Avenue work shall consist of the milling of an average depth of one to one and one half inches (1 — 1 '/2 ") and placing two lifts of asphalt consisting of at least one and one quarter inches (1 %") of S-1 and three quarters of an inch (3/4") of S-III. The exact limits and asphalt design will be determined in the field by the Project Manager. Leveling Course When the existing pavement surface is distorted, the construction of leveling courses and/or leveling wedges is required to restore proper line and cross section. Type S-III asphalt mix shall be used in leveling. Surface depressions less than 3" deep are to be corrected using one wedge. Depressions between 3" and 6" deep are to be corrected using two wedges. Depressions deeper than 6" are to be filled using layers not to exceed 3" deep. The schematic below shows the correct way to place leveling wedges. Leveling Wedges Existing shall not exceed 3" �_ Asphalt deep Surface Tack Coat 1. The material used for the tack coat shall be emulsified asphalt, grade RS-2 and shall conform with the requirements specified in the AASHTO Designation M 140-82. 2. The pressure distributor used for placing the tack or prime coat shall be equipped with pneumatic tires having sufficient width of rubber in contact with the road surface to avoid breaking the bond of or forming a rut in the surface. 3. The distance between the centers of openings of the outside nozzles of the spray bar shall be equal to the width of the application required, within an allowable variation of P 0 84 2-inches. The outside nozzle at each end of the spray bar shall have an area of opening of not less than 25 percent, nor more than 75 percent in excess of the other nozzles which shall have uniform openings. When the application covers less than the full width, the normal opening of the end nozzle at the junction line may remain the same as those of interior nozzle. 4. Before applying any bituminous material, all loose material, dust, dirt and foreign material, which might prevent proper bond with the existing surface, shall be removed. Any vegetation overgrowth over the edge of pavement shall be cut back prior to applying tack coat. 5. When the prime or tack coat is applied adjacent to curb and gutter, or another concrete surface (except where they are to be covered with a bituminous wearing coarse), such concrete surfaces shall be protected by heavy paper or other protective material while the prime or tack coat is being applied. Any bituminous material deposited on such concrete surfaces shall be removed immediately. 6. No bituminous material shall be applied when the air temperature is less than 500 F in the shade, or when the weather conditions or the condition of the existing surface is unsuitable. In no case shall bituminous material be applied while rain is falling or when there is water on the surface to be covered. 7. The temperature of the prime material shall be such as to insure uniform distribution. The material shall be applied with a pressure distributor as specified above. The amount to be applied shall be sufficient to coat the surface thoroughly and uniformly without any excess to form pools or to flow off the base. The rate of application shall not be less than 0.10 gallons per square yard. 8. No tack coat shall be applied until the asphalt has been cleaned and is free from sand, dust or other objectionable material. 9. The tack coat shall be applied with a pressure distributor as specified above. It shall be heated to a suitable consistency and applied in a thin uniform layer at the rate of between .02 gallons and .08 gallons per square yard. 10. The tack coat shall be applied sufficiently in advance of the laying of the wearing surface to permit drying, but shall not be applied so far in advance or over such an area as to lose its adhesiveness as a result of being covered with dust or other foreign material. Suitable precautions shall be taken by the Contractor to protect the surface while the tack coat is drying and until the wearing surface is applied. Asphalt Concrete 1. Construction of asphaltic concrete surface courses shall be in accordance with the Standard Specifications for Road and Bridge Construction, latest version, of the Florida Department of Transportation, and supplements thereto, hereinafter referred to as FDOT Specifications, except as amended herein. The FDOT Specifications are hereby made a part of this contract to the extent they are applicable thereto and shall be as binding upon the Contractor as though reproduced herein. 2. Material used in the mix are as follows: A) Bituminous Material: Asphalt cement, Viscosity Grade AC-20 or AC-30, shall ' 0 85 conform to the requirements of FDOT Specifications, Section 916-1. B) Coarse Material: Coarse aggregate, stone or slag shall conform to the requirements of FDOT Specifications, Section 901. C) Fine Aggregate shall conform to the requirements of FDOT Specifications, Section 902. D) Mineral Filler: Mineral filler shall conform with the requirements of FDOT Specifications, Section 917-1 and 917-2. 3. The general composition of the bituminous mix shall be according to the following requirements: A) The bituminous mixture shall be composed of a combination of aggregate (coarse, fine, or mixtures thereof), mineral filler, if required, and bituminous material. The several aggregate fractions shall be sized, uniformly graded and combined in such proportion that the resulting mixture will meet the grading and physical properties of the approved job mix formula. B) All bituminous mixtures to be used either in leveling course or surface course shall not contain any recycled asphalt. C) In all cases, the job mix formula shall be within the design ranges specified in the following table. Gradation Design Range Mix By Type TYPE S-111 TYPE S-1 SIEVE SIZE % PASSING BY WEIGHT % PASSING BY WEIGHT % - inch 100 100 '/2 - inch 100 88-98 3/8 — inch 88-98 75-93 No. 4 60-90 47-75 No. 10 40-70 31-53 No. 40 20-45 19-35 No. 80 10-30 7-21 No. 200 2-6 2-6 4. The Job Mix Formula shall be approved by the Engineer and shall conform to the requirements of FDOT Specifications, Section 331-4.3. In addition, the job mix formula shall include test data showing that the material as produced meets the requirements of the following requirements: Type Minimum Flow (11100 Minimum Air Voids Min Marshall in) VMA % (%) Effective Stability (Ib) Asphalt Content % S-111 1500 8-14 1 15.5 4-6 1 5.5 S-1 1 1500 8-14 1 15.5 4-6 1 5.5 0 86 5. The mixture shall be transported in tight vehicles previously cleaned of all foreign material and, if necessary, each load shall be covered with a waterproof canvas cover of sufficient dimensions to protect it from weather conditions. The inside surface of the truck bodies may be thinly coated with soapy water, or a mixture of water with not more than five percent of lubricating oil, but no excess of either shall be used. After the truck bodies are coated and before any mixture is placed therein, they shall be raised so that all excess water will drain out. Kerosene, gasoline or similar products shall not be used to prevent adhesion. 6. The mixture shall be spread only when the surface is properly prepared and is intact, firm, cured and dry. No mixture shall be spread when the air temperature is less than 40°F, nor when the spreading cannot be finished and compacted during the daylight hours. The temperature of the mix at the time of spreading shall not be less than 230°F. The mixture shall be placed in accordance with the requirements of FDOT Specifications, Section 330-9. Joint Construction shall conform to the requirements of FDOT Specifications, Section 330-11. 7. The mixture shall be compacted in accordance with the requirements of FDOT Specifications 330-10. 8. Field Quality Control shall consist of surface and thickness requirements as follows: A) Surface Requirements: Depressions which may develop after the initial rolling shall be remedied by loosening or removing the mixture and adding new material to bring the areas to a true surface. No skin patching shall be done. Such portions of the completed pavement which are defective in surface compaction or in composition, or that do not comply with all other requirements of these specifications, shall be taken up and replaced with suitable mixture, properly laid in accordance with these specifications and at the expense of the Contractor. Surface deficiencies that exceed '/4 inch as determined by a 15 ft. rolling straight edge shall be corrected as specified in FDOT Specifications, Sections 330-12. B) Thickness Requirements: The thickness of the compacted asphaltic concrete surface course shall be no less than that shown on the Drawings as determined by coring. Thickness testing and correction of defective work shall be as specified in FDOT Specifications, Sections 330-14 and 330-15. 9. After the completion of the pavement, no vehicular traffic of any kind shall be permitted on the pavement until it has set sufficiently to prevent rutting or other distortion. G. Pavement Marking This section consists of the replacement of pavement striping, marking, and traffic signs distributed by the Contractor as required for a complete installation. 1. Placement of pavement marking shall be in accordance with Sections 706, 711 and 971 of Florida Department of Transportation Standard Specifications for Road and Bridge Construction (FDOT Specifications). All road work shall be in full compliance • 0 87 with local and state codes, standards and regulations and the FHWA's "Manual on Uniform Traffic Control Devices" 2. Paint for pavement stripes shall be in conformance with FDOT Specifications Section 971-13. Reflective pavement markers and their installation shall conform to FDOT Specifications, Section 706. 3. Thermoplastic pavement markings, including stripes, stop bars, reflective pavement markers and other miscellaneous items, will be replaced as existed before the repair was made. The thermoplastic compound shall be a specified in FDOT Specifications, Section 711. The thermoplastic compound shall be extruded or sprayed onto the pavement surface in a molten state by mechanical means, with surface application of glass spheres, when required, and upon cooling to ambient pavement temperature, shall produce an adherent pavement marking of specified thickness and width and capable of resisting deformation. The colors of the compound shall be white and yellow, as existed before the repair. 4. Where thermoplastic is to be applied to cement concrete pavement, a sealing primer as specified in FDOT Specifications, Section 711 shall be applied in advance of the placing of the stripes. 5. The thermoplastic shall be applied to the pavement utilizing either extrusion or spray application equipment. The application equipment shall be so constructed as to provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the shaping die or gun shall be so constructed as to prevent accumulation and clogging. The equipment shall be constructed so that all mixing and conveying parts up to and including the shaping die or gun maintain the material at the plastic temperature with heat transfer oil or electrical element controlled heat. Direct fire heat transfer will not be allowed. 6. The application equipment shall be so constructed as to insure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off square strip ends, and shall provide a method of applying "skip" lines. The use of pans, aprons, or similar appliances, which the die overruns, will not be permitted. 7. Glass spheres applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the striping machine in such a manner that the beads are dispensed almost instantaneously upon the installed line. 8. Special kettle(s) shall be provided for melting and heating the thermoplastic material. The kettle(s) shall be equipped with automatic thermostatic control devices in order to provide uniform temperature control and prevent overheating of the material. The applicator and kettle(s) must be so equipped and arranged as to satisfy the requirements of the National Fire Underwriters, the State of Florida, and the municipalities which have jurisdiction where the work is being done. 9. Applicators shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The applicator equipment to be used on roadway installations shall consist of either hand equipment or truck mounted units, depending on the type of marking required. 0 88 10. The hand applicator equipment shall be insulated and shall have sufficient capacity to hold 150 pounds of molten material and shall be sufficiently maneuverable to install crosswalks, lane, edge and center lines, arrows and legends. The truck - mounted unit for lane, edge and centerlines shall consist of a mobile self-contained unit carrying its own material capable of operating at a minimum speed of five miles per hour while installing striping. -11. Application time, weather limitations and surface preparation shall be in accordance with FDOT Specifications, Sections 710-4, 710-5 and 710-8. 12. The material, when formed into traffic stripes or other markings, must be readily renewable by placing an overlay of new material directly over an old line of compatible material in such a manner that no splitting or separation takes place. 13. The application temperature shall be within the range specified by the manufacturer of the thermoplastic compound being used. 14. All pavement edge lines, gore, island and diagonal strip markings, wherever located, shall have a minimum thickness of 0.060 inch at the edges and a maximum thickness of 0.120 inch at the center. A minimum average film thickness of 0.090 inch shall be maintained. All lane lines, center lines, transverse markings (except shoulder markings) and pavement markings within traffic wearing area (such as dotted turning guide lines) shall have a minimum thickness of 0.090 inch at the edges and a maximum thickness of 0.1 inch at the center. A minimum average film thickness of 0.090 shall be maintained. All thickness measurements shall be an average in any three-foot length. 15. The glass sphere top coating shall be applied by a type of glass sphere dispenser or gun which will embed the spheres into the line surface to at lest one-half their diameter. The glass sphere top coating shall not incur more than 10 percent loss during the first 30 days of traffic exposure. 0 89 TECHNICAL SPECIFICATIONS CURB CONSTRUCTION 1. SCOPE OF WORK: Work under this section of the Specifications consists of furnishing all materials, labor -;*and equipment, and performing all operations in connection with Type "D" and/or Type "F" curb construction, including, but not limited to, permitting, demolition, saw_ cutting, site preparation, grading, curb construction, asphalt work, traffic markings, and restoration. All work shall be in accordance with the lines, grades, notes and sections shown on the drawings. 2. PAVING AND GRADING The Contractor shall perform all earthwork necessary to accomplish the curb construction shown on the drawings. This includes all excavations, embankment and removal of muck and other unsuitable material in order to attain the required alignment, grade and cross section shown on the drawings. The Contractor shall perform all excavation of whatever material encountered necessary to accomplish the curb construction shown on the drawings. This includes the movement and placement of suitable excavated material used for fill and embankment. All rights -of -way and easements are to be completely demucked. Any such material shall be replaced with approved granular fill which shall be compacted in 8" layers to 100% of maximum density as determined by AASHTO T-99C. 12 compacted subgrade shall have a Limerock Bearing Ratio (LBR) of 40 and shall be compacted to 98% of maximum density as determined by AASHTO T-180. 4" limerock curb pad shall be primed and compacted in one lift to 98% of maximum dry density as per AASHTO T-180, minimum carbonates = 70%, liquid limit less than 35, plasticity index less than 6, LBR of 100, and. conform to the requirements of section 911 of Florida Department of Transportation Standard Specifications. Limerock curb pad may be substituted by 3" of asphalt laid and compacted on unyielding subbase. All limerock and base courses shall be given a prime coat of the type and rate specified prior to application of the asphaltic concrete surface. A tack coat shall be applied to limerock and base courses after the prime coat has lost its bonding effect, if so ordered by the Consultant. Tack coats for hot bituminous courses shall be required between courses. Prime and tack coats shall conform to the requirements of Florida Department of Transportation Standard Specifications Section 300, Articles 300-1 N through 300-7. Prime coat shall be applied at a rate of 0.25 gallons per square yard. ' M Concrete gutters and curbs shall be constructed at the locations and to the dimensions and grades shown on the drawings and shall be in accordance with Florida Department of Transportation Standard Specifications, Section 520, Articles 520-1 through 520-10. All concrete shall have a minimum compressive strength of 3000 PSI at 28 days unless otherwise noted and shall be tested by appropriate ACI and ASTM methods. All existing pavement, cut or damaged by construction, shall be properly restored at the Contractors expense. Where any proposed pavement is to be connected to existing pavement, the existing edge of pavement shall be saw cut. Stabilization shall be performed where shown on the drawings and shall conform to the requirements of Florida Department of Transportation Standard Specifications, Section 160, Articles 160-1 through 160-8. 3. PAVEMENT MARKINGS Contractor shall be responsible for all pavement markings as noted on plans as required by Project Manager. All pavement markings shall conform with appropriate City, State, County and MUTCD standards. All pavement markings shall be thermoplastic and shall conform to appropriate City, State, and County standards as prescribed in Section G of the Pavement Technical Specifications. 4. TESTING Contractor shall be responsible for providing Owner with test results for the following: - Density test on the stabilized subgrade. Density test on the finished limerock base. - Concrete compressive strength test. Density tests shall be taken by an Independent Testing Laboratory certified by the State of Florida, and shall be administered in the presence of the appropriate City, State, and County officials. All testing costs shall be paid for by the Contractor. The finished surface of the base course and that of the wearing surface shall not vary more than '/4" from the template. Contractor shall correct any irregularities exceeding this limit. 91 Technical Specifications Turn Lane Construction 1. Scope of Work Work under this section of Specifications consists of furnishing all materials, labor and equipment, and performing all operations required for the construction of a typical turn lane. At a minimum, work shall consist of all required clear and grubbing, demolition, roadwork, and concrete work. For the purposes of this Bid, utilize FDOT Index 301 assuming L to equal 150 linear feet. 2. Codes, Standards and Specifications Applicable Codes, Standards and Specification work performed under this section shall comply with all applicable standards as listed in Section 2, Technical Specifications, General Provisions and/or as provided in the paving and curb construction specifications contained in the contract document. 3. Conflict in Specifications Unless noted otherwise, specifications and Special Provisions contained in this Contract shall supersede any other specifications or provisions of FDOT. In case of conflicts, the most stringent provisions shall prevail. The Contractor shall immediately bring to the attention of the Project Manager any other conflicts between the City of Tamarac's Specifications and Special Provisions and FDOT Specifications. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. 4. Minimum Standards 4.1 Subgrade fill material shall be clean material no larger than three (3) inches in diameter. All material supporting the roadway, shoulders and off-street parking areas shall have a minimum LBR of 40. The top twelve (12) inches of the soil shall meet or exceed 98% modified proctor density AASHTO T-180 and compacted in maximum six (6) inch lifts. After the subgrade is complete the Contractor shall obtain from an independent testing laboratory at his/her expense a minimum of one (1) density and one (1) limerock bearing ratio test per five hundred (500) linear feet or one (1) test per turn lane. 4.2 Base course shall consist of an eight (8) inch (compacted thickness) limerock layer. All material shall have a minimum LBR of 100 from FDOT approved y n limerock pit. The base shall meet or exceed 98% modified proctor density AASHTO T-180. After the base is complete the Contractor shall obtain from an independent testing laboratory at his/her expense a minimum of one (1) density 92 and one (1) limerock bearing ratio test per five hundred (500) linear feet or one (1) test per turn lane. 4.3 A prime coat shall be used on the finished limerock base and a tack coat shall be used between paving courses. All paved areas within the City right-of-way limits shall receive a minimum asphaltic concrete surface course of one and one half (1 '/2) inches, compacted thickness. All other paved areas shall receive a minimum asphaltic concrete surface course of one (1) inch, compacted thickness. 4.4 Roadways shall be striped in accordance with the latest Florida Department of Transportation Standards for Pavement Markings, the Manual on Uniform Traffic Control Devices, Broward County Traffic Engineering and the City of Tamarac engineering standard details which can be obtained from the City Engineer's office. 93 Technical Specifications Miscellaneous: Brick Pavers, Grass Sod, and Finish Top Soil 1. Brick Pavers Work under this section of Specifications consists of furnishing all materials, labor and equipment, and performing all operations required for the construction and placement of decorative brick pavers. Work shall comply with Paver Installation Standard Details as attached. 2. Grass Sod Work under this section of Specifications consists of furnishing all materials, labor and equipment, and performing all operations required for the establishment of grass areas as required. Also included are fine grading, placement of topsoil and dressing, fertilizing, watering and maintenance, as per FDOT Standards. 3. Minimum Standards 3.1 Grass sod shall be the species and variety specified on the plans. The sod shall be taken up in rectangles, shall be a minimum of two (2) inches in thickness, shall be well -matted with grass roots, and shall be live, fresh, and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. 3.2 All commercial fertilizers shall comply with State fertilizer laws. Fertilizer shall be Agriform 21-8-8 or approved equal. 3.3 The water used in the sodding operations may be obtained from an approved spring, pond, lake, stream, or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance, which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. 3.4 The Contractor shall verify through the Owner's representative that grading operations have been completed and that final grades have been set prior to the installation of sod. 3.5 The area over which the sod is to be placed shall be scarified or loosened to a depth of approximately four (4) inches and then raked smooth to eliminate surface irregularities. Rocks, stones, and other debris shall be removed. 3.6 The Contractor shall fine grade all areas to be sodded, and shall water the work area immediately prior to placement of sod. 3.7 Finish grade shall be one and one half to two (1 '/2 - 2) inches below adjacent N walks, curbs and pavement to allow for the thickness of sod resulting in a flush condition and even footing after placement of sod. 94 3.8 Areas to be sodded which have existing herbaceous vegetation shall have that vegetation completely stripped to bare soil and fine graded. 3.9 The sod shall be placed on the prepared surface with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. 3.10 Where sodding is used in drainage swales and on slopes, the setting of the pieces shall be staggered so as to avoid continuous seam along the line of flow. 3.11 On steep slopes, the Contractor shall prevent the sod from sliding by means of wooden pegs driven through the sod blocks into firm earth at suitable intervals. 3.12 Sod which is not planted within twenty-four (24) hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. 3.13 The sod installation shall be free of gaps and laps and shall have no noticeable unevenness of surface grade. Such irregularities shall be corrected prior to acceptance. 3.14 The areas on which the sod is to be placed shall contain sufficient moisture for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least 2 weeks. Thereafter, the Contractor shall apply water as needed for a minimum of thirty (30) days from the date of substantial completion. 3.15 After sod is placed, fertilizer shall be spread uniformly over the area sodded at the rate of fifteen (15) pounds per one thousand (1,000) square feet by a spreading device capable of uniformly distributing the material at the specified rate. 3.16 On steep slopes where the use of a machine for spreading is not practical, the fertilizer shall be spread by hand. 3.17 The Contractor shall, at his/her expense, maintain the sodded areas in a satisfactory condition for a period of thirty. (30) days from the date of substantial completion. Such maintenance shall include repairing of any damaged areas and replacing areas in which the establishment of the grass stand does not appear to be developing satisfactorily. 3.18 After the sod has begun to root and until the date of substantial completion, the Contractor shall be responsible for weekly mowings to avoid becoming overgrown. 3.19 Replanting or repair necessary due to the Contractor's negligence, carelessness, or failure to provide routine maintenance shall be at the Contractor's expense. 95 Y rI No Text No Text ■II�E �II�'� ���I�iVS6�i�76�V6 IIeC�I��I ��■9mm�m�mm � ���� � as�os�3a��d �o ^� W ,�IY 1QYIN- 11.1 .......... 11 I .............. .......... .......... ....... ..... . . . . . . ....... � P��S�Sy6�S�9sS TABLE 1 Road Resurfacing Program - Phase IVA STREET FROM STREET TO STREET LENGTH WIDTH AREA LAGOS DE CAMPO NW 88 AV NCNAB RD 5,065 35.7 20,090 MCNAB RD CAPTIVA DR WEST END 261 23 668 MCNAB RD NOB HILL RD NW 104 AV 1,283 47.8 6,816 MCNAB RD NOB HILL RD NW 89 AV 4,248 46.3 21,853 MCNAB RD NW 104 AV NW 108 AV 1,728 23 4,415 MCNAB RD NW 108 AV CAPTIVA DR 485 23 1,240 NW 108 TE MCNAB RD NW 80 ST 6,644 40.6 29,972 NW 47 TE COMMERCIAL BV NW 49 CT 1,228 30 4,094 NW 47 TE ISLAND CLUB DR COMMERCIAL BV 852 38 3,598 NW 50 ST NW 47 TE NW 48 WY 704 36.3 2,838 NW 57 ST NW 64 AV EAST END 1,315 20 2,923 NW 57 ST UNIVERSITY DR NW 64 AV 5,291 20 11,759 NW 57 ST NW 94 AV PINE ISLAND RD 2,587 39 11,212 NW 57 ST PINE ISLAND RD UNIVERSITY DR 5,274 20 11,719 NW 64 AV COMMERCIAL BV BAILEY RD 1,247 49.4 6,845 NW 70 AV COMMERCIAL BV NW 57 ST 401 36 1,605 NW 70 ST NW 88 AV NW 80 AV 3,575 43.6 17,319 NW 75 ST NW 88 AV NW 80 AV 3,678 41.8 17,083 NW 77 ST NOB HILL RD PINE ISLAND RD 4,783 40.5 21,524 NW 80 AV MCNAB RD NW 82 ST 5,583 42 26,056 NW 80 ST NW 108 TE NOB HILL RD 2,666 40.3 11,938 NW 81 ST NOB HILL RD PINE ISLAND RD 4,284 41.6 19,804 NW 81 ST PINE ISLAND RD NW 82 ST 3,781 41.6 17,477 NW 84 AV MCNAB RD NW 70 ST 392 24 1,045 NW 84 TE COMMERCIAL BV NW 57 ST 417 18 833 NW 84 TE NW 57 ST LAGOS DE CAMPOS 3,178 35.7 12,606 NW 94 AV COMMERCIAL BV NW 60 ST 2,260 43.5 10,922 SABAL PALM BV E ROCK ISLAND RD BAILEY RD 2,628 38 11,098 SOUTHGATE BV UNIVERSITY DR CITY LIMIT 3,931 45.9 20,047 SOUTHGATE BV NOB HILL RD PINE ISLAND RD 3,916 45.9 19,970 SOUTHGATE BV NOB HILL RD WEST END 4,618 45.9 23,554 SOUTHGATE BV PINE ISLAND RD UNIVERSITY DR 5,529 45.9 28,198 WOODLANDS BV COMMERCIAL BV BAILEY RD 2,722 41.9 12,674 NW 73 TE NW 76 ST NW 75 ST 249 22 608 NW 73 TE NW 76 ST NW 76 CT 248 22 605 NW 74 AV NW 76 ST NW 75 ST 247 22 604 NW 74 TE NW 76 ST NW 75 ST 245 20 545 NW 74 TE NW 76 ST NW 76 CT 251 20 558 NW 75 AV NW 76 ST NW 75 ST 244 22 595 NW 75 ST NW 73 TE EAST END 65 31 225 NW 75 ST NW 73 TE NW 75 AV 700 31 2,413 NW 75 ST NW 75 AV WEST END 140 31 483 NW 76 CT NW 74 TE NW 73 TE 504 21 1,175 Access Road NW 47 TE SUNSHINE PLZ 516 20 1,146 NW 22 AV NW 53 ST NORTH END 821 20.6 1,880 NW 58 ST NW 70 AV NW 68 TE 1,264 24 3,370 SAGO PALM BV ROCK ISLAND RD BAYBERRY LN 667 24.6 1,822 NW 16 AV NW 45 CT NW 46 ST 700 20 1,556 NW 16 TE NW 45 CT NW 46 ST 667 1 19 1,409 NW 19 WY JNW 45 CT NW 46 ST 231 20 513 NW 45 CT JNW 16 WY NW 16 AV 325 1 20 722 1 /24/02 Road Resurfacing Program - Phase IVA NW 45 CT NW 19 TE NW 19 WY 261 20 579 NW 46 ST NW 17 WY NW 16 AV 812 20 1,804 NW 46 ST NW 19 WY EAST END 621 20 1,380 NW 16 WY PROSPECT RD NW 46 ST 775 20 1,722 NW 17 AV NW 45 CT NW 46 ST 596 20 1,324 NW 17 TE NW 45 CT NW 46 ST 561 20 1,247 NW 17 WY NW 45 CT NW 46 ST 526 20 1,168 NW 19 AV NW 45 CT NW 46 ST 343 20 762 NW 19 TE PROSPECT RD NW 45 CT 134 20 297 NW 19 TE NW 45 CT NW 46 ST 272 19.2 579 NW 45 CT NW 19 WY EAST END 373 20 829 NW 45 CT NW 16 WY NW 17 WY 486 20 1,081 NW 25 TE COMMERCIAL BV NW 48 ST 572 20.1 1,278 NW 46 AV NW 49 CT NW 48 ST 355 13.6 537 NW 26 TE COMMERCIAL BV SOUTH END 689 18.9 1,448 NW 26 WY NW 49 ST ACCESS RD 280 20 623 NW 27 AV NW 49 ST ACCESS RD 251 20 558 NW 27 TE NW 48 ST ACCESS RD 499 20 1,108 NW 27 WY COMMERCIAL BV NW 48 ST 447 20 992 NW 28 AV NW 48 ST ACCESS RD 384 20 853 NW 29 AV COMMERCIAL BV NW 48 ST 173 20.6 397 NW 29 TE COMMERCIAL BV NW 46 ST 743 19 1,569 NW 30 TE COMMERCIAL BV NW 46 ST 684 19 1,444 NW 46 ST NW 30 TE NW 29 TE 1,105 19.6 2,407 NW 48 ST NW 25 TE NW 26 TE 360 20 801 NW 48 ST NW 29 TE NW 27 TE 1,351 20.6 3,093 NW 48 ST JNW 30 TE NW 29 TE 1,195 20 2,655 NW 49 CT INW25TE NW 26 TE 368 20 817 NW 49 ST JNW 26 TE NW 27 TE 522 20 1,159 Total (L.F.): 120,377 (SY): 468,532 Linear Miles: 22.80 1 /24/02 Certificate of Insurance S CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that General Asphalt Company, Inc. 4850 N. W. 72nd Avenue Name and Libert Miami, FL 33166 �— address of y 10�MutualInsured. Is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subj to all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to wh this rrartifirate may be issuarl TYPE OF POLICY EXP.DATE POLICY NUMBER LIMIT OF LIABILITY WORKERS LJCONTINUOUS WC2-15G-410483-322 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING EMPLOYERS LIABILITY Bodily Injury By Accident COMPENSATION EXTENDED STATES: HPOLICY TERM Florida $500,000 Each Accident 01/01/2003 Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person GENERAL LIABILITY 01/01/2003 TB2-151-410483-192 General Aggregate - Other than Products/Completed Operations $2,000,000 Products/Completed Operations Aggregate $1,000,000 ® OCCURRENCE Bodily Injury and Property Damage Liability $1,000,000 Per Occurrence ❑ CLAIMS MADE Personal Injury Per Persons RETRO DATE $1,000,000 Organization Other Fire Legal - $100,000 Other Med. Pay - $5,000 AUTOMOBILE LIABILIT 01/01/2003 AS2-151-410483-332 $1,000,000 Each Accident - Single Limit B.I. and P.D. Combined ® OWNED Each Person ® NON -OWNED Each Accident or Occurrence Each Accident or Occurrence ® HIRED OTHER Umbrella Excess 01/01/2003 THI-151-410483-172 $2,000,000 Single Limit for Bodily Injury and Property Liability Damage Liability over Underlying Limit ADDITIONAL COMMENTS PROJECT NAME: TAMARAC STREET IMPROVEMENT PROJECT - PHASE IV -A CITY OF TAMARAC IS ADDITIONAL INSURED AS TO GENERAL LIABILITY If the certificate expiration date is continuous or extended term, you will be notified If coverage is terminated or reduced before the certincate expiration date. SPECIAL NOTICE-OHIO- ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILE A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: F 5 77 James R. Fiet CERTIFICATE CITY OF TAMARAC AUTHORIZED REPRESEINTATIVE HOLDER PURCHASING AND CONTRACTS MANAGER Ft. Laud Lje, FL (800) 542-0005 01/01/2002 7525 NORTHWEST 88 AVENUE CkdCE PHONE NUMBER DATE ISSUED ITAMARAC, FLORIDA 33321 This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS1501