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City of Tamarac Resolution (307)
October 23, 2002 - Temp. Reso. #9863 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002- 3a 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO RELEASE A PERFORMANCE BOND IN THE FORM OF SURETY BOND #929161830 FROM CONTINENTAL CASUALTY COMPANY, IN THE AMOUNT OF $1,239,219.40 POSTED BY WEEKLEY ASPHALT PAVING, INC. FOR THE RESURFACING OF CERTAIN STREETS IN PHASE III OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM AND SUBJECT TO THE RECEIPT OF A ONE-YEAR WARRANTY BOND IN THE AMOUNT OF $313,330.33 TO THE CITY OF TAMARAC: PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY" AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 13, 1999 via Resolution R-99-277 the City Commission of the City of Tamarac authorized the appropriate City Officials to execute an agreement with Weekley Asphalt Paving, Inc. for resurfacing of streets under Phase 11 A of the Seven Year Comprehensive Street Improvement Program attached hereto as "Exhibit 4"; and WHEREAS, on March 14, 2001, the City Commission of the City of Tamarac approved a contract amendment with Weekley Asphalt Paving, Inc. attached hereto as "Exhibit 3", authorizing an expenditure in an amount not to exceed $1,425,102.31 for, paving of streets included in Phase III of the Seven Year Comprehensive Street Improvement Program; and WHEREAS, Weekley Asphalt Paving„ Inc. has filed with the City of Tamarac a performance bond in the form of Surety Bond #929161830 from Continental Casualty Company, in the amount of $1,239,219.40 attached hereto as "Exhibit 1 ", for the resurfacing of certain streets in Phase III of the Seven Year Comprehensive Street Improvement Plan; and ADelloneWDClerk\MarionSlAgenda Uocs for web\9863RES-Weekley Asphalt Phase III Performance Bond Release -Revised 10-8- 02.doc October 23, 2002 - Temp. Reso. #9863 Page 2 of 3 WHEREAS, Weekley Asphalt Paving, Inc. has requested the release of this Public Improvement Performance Bond in the form of Surety Bond #929161830 from Continental Casualty Company in the amount of $1,239,219.40, a copy of which is attached hereto as "Exhibit 1 ", subject to the receipt of a one --year Warranty Bond in the amount of $313,330.33 to the City Of Tamarac, a copy of which is attached hereto as "Exhibit 2"; and WHEREAS, the resurfacing work performed by Weekley Asphalt Paving, Inc. under this contract has been inspected and found acceptable by the Public Works Operations Division; and WHEREAS, it is the recommendation of the Public Works Director and the Assistant Public Works Director that this Performance Bond be released; 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 release this Performance Bond in the form of Surety Bond #929161830, in the amount of $1,239,219.40, posted by Weekley Asphalt Paving, Inc. for the resurfacing of certain streets in Phase III of the Seven Year Comprehensive Street Improvement Plan, 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. Section 2: The appropriate City Officials are hereby authorized to release this Performance Bond in the form of Surety Bond #929161830, from Continental Casualty Company„ in the amount of $1,239,219.40 posted by Weekley Asphalt Paving, Inc. for the resurfacing of certain streets in Phase III of the Seven Year Comprehensive Street Improvement Program, subject to the receipt of a one-year Warranty Bond in the amount of $313,330.33 to the City Of Tamarac. \Dellone�dJIDCRerk\NlarionS\Agenda rocs for Web\9863RES-Weekley Asphalt Phase III Performance Bond Release -Revised 10-8- 02.doc. u L_J October 23, 2002 - Temp. Reso. #9863 Page 3 of 3 Section 3: That all Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 23rd day of October, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as MITCHELL S. KWAFY CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: VIM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4. COMM. ROBERTS \\Dellone\DDClerk\MarionCVkgenda Docs for Web\9863RBS-WeekleyAsphalt Phase III Performance Bond Release -Revised 10-8- 02.doc H', X H C 13 I' i' " I FORM PERFORMANCE BOND UO' R I C74 I N A L Bond No. 929161830 KNOW ALL MEN BY ..t_f-fE: SE PRESENTS: That, pursuant to the requirement of l�'Iorlda Statute. 255.05, we, Wee'kl.ev Asplr rl_r 11 , 83 5 W 36 SL. , Fr. r T,andetda1 E f'l � � 4 3.� � _ gas Principal, hereinafter galled _..� - CONTRAC i-OR, and t' .`.r... c; �� >.ati a(JCNA Plaza, as Surety, are bound to the City of TImarac, Florida, as Obligee, hereinafter called OWNER. in the amount of once Million Two HULI(Ired Thirty —Nine Thousand Two Hundx(,d Niiittteen % 40/1.0o— _.------_ Dollars, ($ 1,239,2t9.4() ) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, ridrninistrators, SUCce-Sscws and assigns, jointly and severally - WHEREAS, CONTRACTOR has entered into a Contract, 13id/Contract/Project No.: awarcic�d the dray of M ta. 2001., with OWNER for Tazaaar;.ic smpxovement Phase: .l:'1.1:. which contract Is by reference rraadf; a pert hereof, and is hereinafter referred to as the Contract; -1 HE CONDITION OF -t_HIS BOND is that if the CONTRACTOR — Fully performs the Contrac,t between, the CON FRAC and the OWNER dated zoos for the Tazzzaz.z1 it ri.e C T'm��rovemen' l'Ic�s r };n within 210 calendar days after the date; of contract commencement a-,- specified in the Notice to Proceed and in thca rYaaraner prescribed in the Contract; and 2. Indemnifies ranr.; pays OWNER all Ion: sc s, damages (specifically including, but not 11mit0d to, damages for delay and other consequential damages caused by or arising out of thy, ar_ts, omissions or negligence of CONTRACTOR), expenses, costs and attornE_�y'<; rE c.; :and costs, including attorneys fees incurred in appellate proceedings, that OWNER slastains because of default by CONTRACTOR under trig Contract-, and, 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials which appear within one (1) year 3ftEwr final acceptance of the. work. 4, Performs the guarantee of all work and materials furnished under the Contract for the tirne specified in the Contract, then this 3ond i::; void, otherwise it remains in full force- I.:xHI1T:,i, "1P Page , c 4 Whe.nover CONTRACTOR shnil be, and declared by OWNER to be, it) default under is the Contract, the OWNER having performed OWNER'S obligations thereunder, the- Surety rXa ay promptly remedy the default, or shall promptly: 4. `i Coniplet(D the Contract in a(;Gor-dance with its trams nrtd conditions; or 4.2 Obtain a bid or bids for completing the Contract ire accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the; OWNER elects, upon determination by the OWNER and Surety jointly of the hest, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progr-esses (even though there should L)e a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cos, of carrapletion less the balance of the Contract prico; but not exceeding, Including other costs rand d,-mages for which the Surety may be liable hereunder, the amount set forth in the first paragraph herc-of. The term "balance; of the Contract [)rice," as used in this paragraph, shall mean the total Wnount p<:iyable by OWNER to CONTRACTOR under the Contract r-Iraq any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall .-accrue on this Bored to or for the use of any person or corporation other than the OWNER named hF'rt'in and those persons or corpnrations provided for in Section 155.0 5, Florida Statues, or their heirs, executors, administrators or successors, Any action under this Bond mLl: t hc, instituted in -accordance wltli thc. Notice and "i irrae Limitations provisions prescribed in Section 155.05(2), Florida Statutes. i he Surety hereby waives notice of and agrees that any chilnges in or under the Contract [Documents and ccampliance or noncompliance with any formalities connected with the Contract or ttat changes do not affect Surety's obligation under this Bond. Signed a - _, -.. <<.:- WITNESS ��Go�;7 Secret,;-iry (AFFIX SCAL) 7 --. clay of G 200' p tav Glr E 1�1 f';�.__�3.Lr Pav a 11<.r 1� _ Pr'incip::Il (Signature ("i'ype Name & Title signed above) • Wi IN ESS ES: as l:)r'I- attaclied 5 r e W cy T (AF F IX SEAL) IN THE PRESENCE OF: State* of Icy r i [la County of 9;r(�war.d Page 2 of 4 C;ontiYr�c'.�),1 l� (_ <1suaLL,V__C_o)jttt?;.Griv Sur- H y _- (.Sai�afore and TitiE) Cliarl.es J. N i.e l :: ort, Agent: and At.torney--in-Fract (Typo Name and Title signed above) ,SUFRANGE CC MPAN Y: By:An Attorney -in ,._ _.... l V -F�.4ct A(1(4r,- ',"19/'' �vld 151�5t,, (Street) I.liaiti:i. l,.~tlzes, FL 3301,/1 (Ciiyls'ateizip code) Iol..ephone No.: 3078-)2-/ 00 onthis, 01c- -Z 13'/ of ��9 f� 2001 ht FarF1 rno, the undersigr,.i,i Notary E'ut;lic of Che State ofr� (c r_, r° , Che fcregoin(-, instrurnent was ackfr w!( d(,,ad I,y �►.1 t�J;E (name of corporate_ offiut z Cite)caF l� - ��>a� �t� r ,� � t (narrie of ccr oration), a / to - 0A _.__(stal'o of corporatlan) oorpor;:ttinn, an behalf of the Corporation. W I T N E SS my hand �� ,_ _... and official S c a IJ�-"_-- Notary Pt_rE71u;, Mate of hlor_ id;a * *My (', rnmiss,(xi CC,8d55F1i�-._ ---- 1 x R" Jul t5 2W3 Printed, Typed or stamped name.: n,F Notary 'h...,f r v Public, exactly as comnllsstoned ZPersonally Known to me, or ©Produced idr,*ntihctation: (Type of idenuric:ation produced) FXIIIP,IT "i°" UDid take an oath, or ,Did not take an oath Page 3 of 4 CEFR.TIr_i(.'ATE AS TO PRINCfP-AL: _ s7 Certify that I am the Secretary cif the Corporation marred as Principal in the foregoing Performance Bor)O; that ��5�1� ��� ......._ who, signed tho Bond on behalf of the Principal, was then of said corporation; that I know his/her signature; and his/her signature: thereto is g(c nuine; and that said Bond was duly sigr-cd, :ac �IrWd and attested to on t?rhaII of said t,cjrpr?raticn by nufticrity of its governing body. (N' i.l SEAL) (Name of Cow, _..D rk I tzlr, . • 1':X 11 1 1> 1 'r rr -1 rr POWER OF ATTORTNTY AYPOZNTING INDIVIDUAL ATTORNEY-IN-FACI' Know All Mien By These Presents, That CON iiNENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE - COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania rppratiora (herein collectively called "the CNA Surety Companres''). are duly organized and existing corporations having their principal offices in rr City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein attired hereby make, constitute and appoint ^ Charles J. Nielson. MSC. Aceves, Warren M. Alter, Gharies D. Nielson.(�rett Rc.rnhaus, Melinda Rosc:nhau<s. Kevin Wo•tawicz, Inciividu:ail _ tf,elawful true and iwful Anonr�y(s)-in-Fact with full power and nuttrority hereby conferred to sirin, seal and exectAe for arid on their behalf bonds, undertakings and other ol:aligatory instruments of similar n.iturr: - Ira Linlimitpd Arncunts _ — artci to bind ttacTarn thcr<rby aW fuy and to the irne extents if such instrument-- were signed by a duly authorized offir:er of their corporations :and all the act,.; of said Attorney,pursuant to fire auth011t herebyeven are hereby ratifirxi and confirmed. This Power of Attornriy is made and executed pursuant to and by authority of the By, Lawc� s and Rolutions, printed on ttu-- revs-nse hereof, duty adopted, •1'; indicated, by the Boards of Director-s of the corporations. In Witness YVhereof, the (:NA Stjretie11: ComPanies have caused these presents to be signed by their C rcnrp Vice President and tfrc-�ir c urpcnate seals to he hereto affixed on this 19th day of ^ Au txs-t 1997 - CCINTINENTAL CASUAL fY COMPANY cr" t-t.tCT awsuA�� � "'Olt NATIONAL FIRE iNSURANCL COMPANY OF HARTFORD A,- AMERICAN C ISUALTY COMPANY OF ii ADING, PENNSYLVANIA p SEN... M.C. Vonnahme ~Group Vice President ,gate of Illinois, County of C(x)k, S.y 1(307 , before me personally mine t�rr this 1 stt, d:ay of Aug ust M, C. Vonnahnae to me known, wfx>, being by MO duly sworn, did deFx� �aa :arid :ay' tfrat he resides in the Vrilrrgea of DariFn State. of Illinois; oaf ho i:::a Group Vice President of C c (.!in( _NTAL CASUALTY COMPANY. NATIONAL FIRE INSURANCE, COMPANY OF HARTFORU, and AMF.RICAN CASUALTY COMPANY OF READING, PENNSYLVANIA doscribad in and wfiich executed the aixovo ins�tr'ument: that he k c ern thca sajals of said corporations; th at the+ r al :atfixrd to the said instnirnent air' -;uch corperate seals: that they ware so affixed pururant to 2,- hority given by e Boards of Drreictor-s of :.acid orporatinn. s and that he signed hr name thereto pursuant to liko authority, arid acknowledges; the s:,aratn to be cl e act and deed of sziict corFxrratirrns. Ca. 4 My Commissicn Expires June: tiCx) rc,leen T. F''_ac:huta f�otary Public CERTIFICATE !, Rout P. Ayr A tart. Secretary of CONTINENTAL OASUAI.TY COMPANY, NATIONAL_ FIRE INSURANCE. COMPANY OF HAR'TFORD, and AMERICAN CA`�UAL fY COMPANY OF READING, PENNSYLVANIA do hereby certify that tiro Power of Attomey herein atxave set fords is soil in force, .and turttier certify that the By-L raw and Rosolutio n of the Board of Directors of oach corporation printed on tiara reverse hereof are still in force. In tore>tirnrny whoFf.nf I have hereunto subscribed my name and :affixed the seals of the said corporations this day of CONTINENTAL CASUALTY COMPANY la {l '$SUR� �""" ev NATIONAL FiRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA c. avtr tr, 179E ^a a SEAL Rekrt ;` Ayr A s.rst.rnt f';ecrerary Authorizing By -Laws and Resolutions -)OPTED 13Y THE BOARD OF DIRECTOR: OF CONTiNENTAL CASUALTY COMPANY: This Power of Attorney is made and Hxrc~ttted pursuant to and by atthority of the following By I-aw duly adopted by the Borird of Uirertrim of the Company. -Article IX- Execution of Documents Section 3. Appointment of Attomay-in-fact. The Chairman of the Board of Direc.-trxs, the President or any Exfx.utive, Senior or Group Vice President may. from tiro to time, appoint by written certificates atUxneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory itistruntrs of like nature. Such attomeysirv-fact, subject to the limitations set forth in their respective certificates of authority, Stiall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Fxec-utive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attomey-�n-fact. This Power of Attorney ins signed and sealed by fac;-zimile under and by the authority of this following Resolution adopted by the Board of (Directors of ttie Company at a meeting duly c, ;,Ilud and heki on the 17th day of February, 1 W3. "Rf .c>✓ved, that tine signature of the F'rfr, xfent or any Executive, Sc.wiior or C'arcxlp Vice President and Lilo seal of the Company may be affixed by fzacr:,imilca an any power of attorney chanted pursuant to Section 3 of Article IX of time by-l-aw•s, :;and the ; ignature of the Secretary or an As-, i tant Secretary and the seal of the, Company may be affixed by facsimile to any certificate of any such power and any power or certificate txi aring such facsimile signature arid seal shall be valid and binding on the Company. Any such fxswer so executed and sealed and c-ertifie:d by certificate so executed and sANiled shall, with respect to any bond or undertaking to which it ks attar-W- continue to be valid and binding on the Company." A-DOP T FD BY I I R. BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF Rl±_ADING, PENNSYLVANIA This Flower of Attorney is rrvadee ;anti exeec.ided poi suant to and by auttx_>rity of the following By -Law duty adoptn-0 by tt,e Board of Dirwlixs of tic: Company. "Article Vl,--Execution of Obligations and Appointment of Attorney -In -Tact Sfrc_tion 2. Appointment of Attorneay-in-fact. The Chairman of ttie Bohtrd of Directors, the Pre,,sk cnt or any rxectrtrve, Senior or Vice Prc adr rrt may, from time to time, appoint by wvitte;n certificates atton-ey . ,n-fact to act in behalf of the Comps -My in the executia policies of era ;ur:,ncn, bonds, undertakings and other obligatory insfrumens, of like nature. Stich attonmeys-infect, subject t17 the lirnitiitiens set forth in their respective certificates of authcxity, stm all have full power to bind the C:ornpany by their signature and extK, is ri of any such instrumierits and to attach the seal of the Corripany tfaerretu, The President or any F,xt.-c:utivice, Senior or Group Vice Presidrrrit may at ;any t- rervoke ,all power and authority previously given to any attorney-414ac:-t." I his Power of Attorney is signed and sealed by facsimile undw and by t.haa authority of the following l?t.: lution adoptrxi by the Board of Dirrctxxr, of the Company at a meeting duty called and held on ttve 17th (i.iy of F=ekxuary, 1993- -Resolved, that the signature of the President or any Executive, Senior or Group Vice President and ttxa weal of the Company may bc> :affixed by fac:simile on any pewter of attorney granted pursinnt to Soxcticxm 2 of Article Vi of tlio Fly -Laws, and then signature of the Sc,ciu-city or an Assistant Sec.ret�iry and the seal of the Compcarry mzay fxi affdxe d by fac, Senile to any ct rtifit.+txa of any such power and any rxrwer or certifcaate bearing such fiic.simile signature and seal shall be wi id it d hinding rue the Company. Any such {xrwa:r sa executed and sealed and cr:rtificrxl by certiftC-ate so execute-d and se iled shall, with respect to any Ixind or undertaking to which it is attidied, continue to be valid .and binding_ on the Company." ADOPTED BY THE, BOARD OF DIRECTORS OF NATIONAL F]RL INSURANCE COMPANY OF HART FORD 'Thee. Power of Attorney is made and exec.tittxl pursuant to and by acitthonty of the fnl wAng Resolution duty adopted on f t bruary 17. 1993 by the Board of Directors of the Company. "RESO(_VFD. That the President, an Executive, Vic--) President, or any Scxucx rar Croup Vica> President of the Corporation rnay, from time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of tilts corporation in the exe,: ution of policies of insurance, bonfl ;. undertakings and other obligatoty instruments of like naturo. Such Attorney -in -Fact, subject to the limitations stet forth in their rpective certificates of authority, shall haze full power to bind this Corporation by their signature and execution of any such instrument and to attach tics seal of the Corporation thereto- Time President, an Fxewdve Vita Presiderd, any Senior or Group Vice President or time Board of Directx may at any time revoke all pourer aril authority previously given to any Attortxty-in-Fact» This Power of Attorney try 'aigned and .sealed by facsimiles under :and by the authority of the following Rtr3olubon adopte-d by the Bcmrd of Directors of the^ Company at a meeting duly called and held on the 17th day of February, 19,93 "RESOLVED- That the signature, of the President, an Executive VKr e President or- any Senior or Group Vice President and the real Corporation may be affxed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Diton F ebrlrary 17, 1993 and time signature of a Secretary or an.4ssrstant Socreta", and ttxs seal of the Corporation may be aff 0d by fa "mile to any certificate of any such powrar, and any power or Certificate b"Yannq such facsamika sigtmarure and seal shall bfr valid and binding can the Grip x'ation. Any such power so executed and sealed and certified by ciartifx-ats so executed and sealed, shall with rejsprc=t tr> any bond c. undert:.iking to which It is attached, continue to be valid and bindirxi c,n the Corporation." ("(7[_t,NSWOR7I1, ALTER, NUA.5(.)N, F0WI.I-',R & DOWI.iN(,, INC. BOND DFIN CZTMENT PUBLIC: 'WORKS BOND IN COMPLIANee; NvI t II FLORIDA SIA IUT S 255.05 (1) 0) Bond No 929161810 Contractor Nance Weekley Asphalt. I'avi & Inc. Contrsicm Address 20855 SW 36 St., IT Lauderdale, FL 33332 C.owmeMr Phone No. 9503890311 s rety C::ontl,atry Continental Casualty Company Sorely Address CNA Plaza, (Mago, II, 60685 Surety Phone A. 31-7..8MOM) Owner Name City of" I <ln arac, I' loridu Owner Address 7525 NW SX'h Ave, I't; nmraq FL ) 321-2401 Owner I'llone Number 954-1240415 / iW Clark Crrt'e1r pmi Oblive Nance pr"mumcting e•ntily is different front the (wner, the contracting; trubhc entity) ()hh ee address ( )f1lir;ee Phone No_ Cout.ract No..( 14-Altfrlicable) 99 2 ffl Nam Tamarac IIrl F1frllilPgProject ram. Phase III Pr•ojccl 6,nc:ttiort Various Streets within the (..;ity ()I l.amr irac, Florida Lepi Mr•rilltion and Street Address Variot,t;; Streets tiwithm the City of"I mmirac, Flori& Description or work, Street ImproveFrre.lrts 0 FRONT 1 AGF. H other pond pages(A arc domed suhsequ ni to this page reguirdic" or any rage numbrr(s) that puny he preprintcil thereon. FUTB,IAli ''.I'' Ex I It I,, I 'I, rr r• FORM PAYMENT BOND KNOW ALL. MEN PY THESE PRESENTS. That, pursuant to the requirements of Florida Statute 255.05, we, �.._... __._. We ekley Asphalt. Paves, Tne. W � �—, as Principal, hereinafter c.'alled CONTRACTOR, and, continent.a.] Casualty Company __..�1, Surety, are bound to the City of TamaFlorida,rac, as C ibligee, hereinafter called OWNER, in the amount of c)1e� 1 i_on T o 1 a�aaa r-e-ci�u rat � N n _L()DLL ollars t ! z -�9, 21_�3 _��() ) for the payment whereof CONTRACTOR and Surety bind themselves, their {weirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has enterto a Contr� `�9 27►i_ _ awarded the { Octof i`'l 2C....,_. 51d/CG�ankrartlPro)ect No.. ']'�.amarac Street l.rn,arc,v��nac�nt Pro y �. � 2 0 w .._ rtt�a OWNER f(.)r{ �;r:.arrt IlZ WtliCtl contract is try reference made. a part hereof, and is hereafter referred to as the .,ontr, ; THE CONDITION OF -T-h_IiS BOND is that if the CONTRACTOR: i . Indernnifle5 and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages causE�(1 by or arising out of the acts, nmissioms or negligence of CONTRACTOR), expenses, coasts aria attorncy's fees including atto, racy°s fees incurred in appellate procec dirgs, that (OWNER sustains because of default by CONTRAC FOR under the Contract, ,and 2_ Promptly makes payments to all claimants �,is defined by Florida Statute 71:3.01 SUpplyinq CONTRA" TOR with ;all Iak)or, materials and suppiir�:s used directly or indirectly by CONTRACTOR in the prose-Cution of the Work provided for in the Contract, th un his obligation shall be void; other�Yvir-�, it: shall remain in full farce and (,,affect subject, however, to the following conditions: 2.1 A. c:l4iirriant, cxc:ept a inborer, who is not in privity with the CONTRACT OR and who has not received payment for his labor, riiaterial.-;, or supplies shall, w,thain forty five (=i5) days after k)c:-'inning to furnish labor, materials, or supplies for the pro:;c:cution of the work, furnish to the CONTRAC TOF a notice that he intcwn(15 to look to the Bond for protcc.tic_m 2.2 A claim<arit. who ir,. not in privity with the CONTRACTOR and who has not received payment for his labor, ai,,:jterial s, or supplies shall, within ninety (90) days after performance of the labor or aft(:-r COMplete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, written notice of the performance of the labor or delivery of the rn iterials or supplies and of the non-payment. ExII..1.1',_i_'I' 'r 1 tt 2.3 Any action under this Fund must be, instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 2 55.05(2), Fk-)rida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Uoc.urnents and complic:rnc:e or noncomplianco with any fornialitie'S connected with nic Contract or the changes do not affect the Surety's obiigation under this Bond. Signed ,and sealed this _ -`' --d of,p20 01 W4`I-ME .00 V,II i NESSES: �:ts pe�.z- :tt:t�tcltE�cf 4;r•Crr:'l�:�rY (At`(- Ix SEA_) IP,! -n iE:. PRESENCE OF. f PB-2 We eklev Asphalt -Pay i nsr d sac . Prin�cip;,a i3y (SitfureTand Titte7�i (Type Name and Tiilr signed above) Continental C.a�suel1 t Como liv urety � r E3v. ir afZ(�" endTitle) J_ Nielson, A„entt .'ai)d (Type Name and Title signed above) Iri sl._1 " :nfG1E_ C®eMPANY. gent gri7,I, orney-in-F,,cl Address: 5 `17 `l_NW 1. `)1 St-, S t ".. 1 T5 (City/stzlte/Zip Code) Telephone No_:_3(.-_'._..r322-7800 Px 111 B I T tf l i/ State of l lJo r.' i d a__._..._ County of tar owrarci On this, the _ day of,� _ P 1 200_( before me, the undersigned Notary Public of the State Of F Ln(Z' ([ .- the foregoing instrument was acknowledged bya)o"_ 3...4r x ,(nart e of Corporate offic r a_.w. _ _... (Citla:a), of rx �HAct Sz__ ►(name of corporation), a _ _ -� �°'-�-j.,�._ ._ (state of corporation) corporation, on behalf of the corporatign. Wil-Ni"SS my hand and official seal x Efasa ratorw Notary Public, State oilf-le+_c>.r %, _.._ ._... �. r .k My C:ommissi0n CCBA5580 Vxo-'s July 16, 2003 ___ .._�._ _. Printed, typed pr stamped name of Not,3n Ptatalics Exactly as commissioned ersona!ly known by r-te:, or C1 Produced identification; (Type of identification produced) CJ Did take an oath. or [Did not take an oath t:_'FRTIFICATE AS TO PRIM IPAI I NARTt r t3ly t�'i certify that I am the Sevetary of the corporation named as Principal in the foregoing Payment Grand; that _ _Z ?_ k_L_ .__._._ _, who signed the Bond on betiaif of the Princip;;ii, was the � S ► �a i� ��w of said and that Said rand w;js duly signed, seated and ;:attested to or, beha!f of said corporation by authority of its governing taody. (AFFIX SEAL) "3 �'- ...W._..- ._ . _.. .... (NN arme o° (I FIB-3 0 i','XHHIBIT " POWER OF ATTORNEY APPOINTING MWIDUAL ATTORINEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL. FIRE INSURANCE, COMPANY OF HARTFORD, a Connoc:ttcrft corporation, AMERICAN CASUALTY COMPANY OF BEADING, PENNSYLVANIA, a Pennsylvania corporation (herein collectively called "the CNA Surety Companies"), are duly organized and existing corporations having their principal offices in he City of Chicago, and State of Illinois, and that they do by virtue of the signaturri and seals herein affixed hereby make, constitute and appoint Charles J. Nielson, Mary C Aceve<s, Warren M. Auer, Charl(-s D, Nielson. Brett Ro!�A-nhaus, Melinda Rm;pnhaus, Kevin Wo'to%%icz. InclMduall of Miami Lakes. Florida their true and lawful Attorne3y(s)-in-Fact with full power :and authority hereby contened to sign, seal and execute for and on their behalf bonds, undertakings and athe:r obligatory instrument-. cat .4nilaar nature - In Unlimitacl Amounts - and to bind t17e rn thereby as fully and to the same oxtent as if such instrument:, were signed by a duly autborized officer of their corporations and ,all the act of said Attornfey. FrurSuant to the authority hereby given are hereby ratified and confirmed_ This Power of Attomey is made and exectnead pursuant tq and by authority of the Fay-L rws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corFwratiorrs. In Witness Whereof, the CNA Sureties Companies have :: iused these presents to kx.-signed by their Grotap Vice President and their compcmte_ seals to be hereto athxed on this, 19th day of August 1997 S'ASJJR4 xr � CONTINENT'At. CASUALTY COMPANY {! NATIONALFIRS INSURANCE COMPANY O{ HAR7FORD QVAMERICAN CASUALTY COMPANY OFRkADING, PENNSYLVANIA Jvtr n, � M, C, Vnnnahme _ croup Vice President .state of Illinois, County of Cook, On this 19th day of ^AU us.A 1997 , before rno personalty came M. C. Vonnahme, , to me known, wtao, being by me duly swarm, did dopose and say: that ho ro-sides in the Village of Darien , State of Illinoin: that he is :a Group Vice Pressidunt of CON fINENTAL CASUALTY COMPANY, NATIONAL RRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PFNNSYLVANIA described in and wfaich execute-d thv above instrument* that he knows, the "als of said corpoorations; that the seals affrxe d to the said instrument are uch corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of s.aici corptx:aticnrs and that he signed his mirnu ttaereto pursuant to like authority, and acknowledges r arare to be the ac' and deed of said corporaticns;- FP�/�1 . i'S1trL1G � ��. My Ct-rnrrrr.ss < n Expir-�.s June 5, 2cm Eileen T Pachtrta Notary Public CERTIFICATE I, Robcrt E— Ayo, Assistant Secretary cf CONTINENTAL CASUALTY COMPAii1Y, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPAiIJY OF READING, PENNSYLVANIA do hereby certify that the Power of Attomey hcarein above set forth is still in force, and further certify that the Ely -Law and Rea,oltnion of the Board of Direc:tu 5 of each corporation printed on the reverse hereof are still in force. In testimony wt,ereof I have hereunto subscdtx<d my name and affixed the seals of the said corporations ttu�a day of CONTINENTAL CASUALTY COMPANY 44WR r to "X°`4c NATIONAL, FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA aUIY 5(, / \ . 1 1_9 7N r�o ae 1 Authorizing By -Laws and Resolutions DOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the folknving By -Law duty adopted by the Board of Director of the Company. "Article IX —Execution of D<icuments Sw;tron 3, Appointment of Attorney-oi-fact. The Chairman of the E3(,xard of Direct:x-s, the President or any Executive, Senior or Group Vicue President may, from tirno to tune, appoint by written c+ rtifx. atas attorrxars. -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other ob&clatory instrurraents of like nature. Such attorneys-irrfact, subject to the limitations set forth in their respec.twe certificaws, of authority, shall have full power to bind the Compariy by their signature and exuctition of any such in stfurnent~; and to attach time se'il of the Company thereto. Tlw Chairman of the Board of Diru tors, the President or any Executive, Senior or Group Vice President or the Board of D es-, nt~iy, at any time, revoke Salt rxawer and authority previously given to any atturney•in-fact. This Power of Attorney i; signed and sealed by farsimi)e under and by the authority of the following Re-soh.ition adopted by then Board of Directors of ttir_- Cornpany at a meeting duly called and held on the 17th day of February, 1993. "Re:,-,otviced, that the signature of then President or any Executiv(-. St:njor or Group Vice Pra_ -ident:end the seal of the Company rrray be affixed by f:ac ;trite or) any power of attorney granted pursuant tru Section 3 of Article tX of the fay -Laws, and the signature of tfae Seecret iry or an Assistant Secretary :and the seal of the Company may be affixed by facsimile to :.any certificate of any such txAwr and a.eny power or certificate bearing such facsimile signature and r;eral st-*11 be valid and binduag on the Company. Any such rxnvviY so executed and Euealed and certified by c:eertifir;7ate sc executed :and :ar_•alex:t Nall, with respect to any bond or undertaking to which it r.; attached, c,octintun to be valid and binding on the Company." ADOP"I'E"D By THE BOARD OF DIRFCTORS OF AMERICAN CASUAL7 f COMPANY OF Rt=ADING, PENNSYLVANIA, I hi ; "mower of Attomey is made. arad executed pursararat to and by authority of tiva following By -Law duty adopted by the Board of Directors of the Compaany. "Arttcle V3--execution of Obligations and Appolntrnent of Attorney -in -Fact Section 2, Aptxnntment of Attorney-itrfact_ this C hmiirrnan of the Board of Din-ctom, the President or any Executive Senior or Gr Vice President may, frorn time to time, appoint by written certificates :rttoro eys-in fact to act in to,01aff of the Company in the execution 0 policies of insurance, bored,;, undertakings and other oblKGatory instruments of like rh.iturc�. ,Such attorneys= -in -fact, subjer,t to the limitations set forth in their rer.;;F rertive cx�rtificates of authority, sh aft have full power to lured the Cornpany by their sigrtaturee .and cncncubon of any such instrument; and to attach the seat of the Company therr,to. The Pre`;ident cur any Rxtecutive, Senior or Group Vice Pre_ ;iclent may at any t revoke all txawer :anti authority previou�Jy given to any atbomey-ln-fact_" This Power of Attorney r, signed and sealed by facsimile, under and by the authority of ttwa fallowing Resolution adopted by the Board of Directors of the Company zit a meeting duty called and held on the 17th day of .February, 1,993, "Resolved, that the --ii9riat7,ure of the Preskh_rtt or any FxecYutive, Senior cx Group Vista President and the seal of the Company rnay be affixed by facsimile an any truer of attorney gr.antaid pumiz ant to Sex tian 2 of Article VI of the By -Laws, and the signature of the `;exra-t,ary or an Asssist<int .`:ie.^c:rcat ary and the seal of tfxo CornF any may be, affixed by facsanilc: to any certificate of any such txw-mr and any power or certific�to htr aring such facsimile signature and -;real shall be valid and bindrrag on the Company. Any such power so executed and sealed and certified by certificate so executed and s:imieed with respect to any bond or undertaking to which it is attached, ctmtinuc to be valid and binding or) beta Company." ADOP i' 7D BY THE BOARD OF DIRF C 1'ORS OF NATIONAL_ FIRE INSURANCE COMPANY OF t tARTi ORD. This Power of Attorney is made and exix:utrxl pursuant to and by authority of the fckrwing Resolution duly .adopted on Fe+hruary 17, 1993 by the Board of Directors of the Corripany. "RL_1OLVED: That the President, an E=xecutive Vita Presdent, or any Senior- or Group Vice President of the Cnr}xrr.atian may, from time to bnxe, appoint, by writtr n c:ertific:ates, Artomeys-in-rasa to pact in behalf of the Corpor-ation in trio executx)n of policies of insurance, bon5:1s, undertakings and other obligatory instruments of like nattarm Such Attorney-iirFact, subject to the limitations set forth in their respective certificates of authority, shall ha,a fa_II power to bend the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. "Die President, an Executive Vice Presidmit, any Senior or Group Vice President or the Bow'd of Dire< tor-, may at any time revoke all power and authority praviously given to any Attcemey-in-Fact.' This Power of Attnmey ; � signed and %o;alcxi by facsimile under and by the authority of the foi{owing Rtrsoluticxi adopted by the Board of Directors of the Company at a nx.>Eiting duly called and held en the 17th day of February, 1993. "RESOLVED- That the signatures of then President. an Executive Vice Pre %ident or any Senior or Group Vice President and the Sterol of C::orporabon may be affixed by facsimile on any pavver of aMxnoy grantrici pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the sign.attarn of a Secretary or an Asssiz,tanl Sex retary and the seal of the Corporation may be affixed by facsimile to any cortitionte of any such perwor, and any power or cortifkr ate Nx anrxg such fac_.irriM signature; and seal sit<A be valid and binding on the Cor3xx.etion. Any such power so oxec-utod and sealed and c_Lertifie l by certificate sea extec7uted and sealed. stkall with rct;pest to any band c undertaking to Mile. h it is At ached, continue to be valid and binding era the Co"iration." P 0 9 : 1 "/,_,3 Office of City Clerk 1954i -/p4-1212 P.2 1,� X H I B -1 T " 2'T IMPROVEMENT PERFORMANCE/WARRANTY BOND ROUTE SHEET Owner City of Tamarac Project, Road ResurfacIna Proaram Phase III Resurfacing ........... ... . .. ....... .. Location-. Various throucihout the Cit . . ..... .... . D�y;rlptiori of improvementq_', Re.surf;Acing of roadW21YS iind(:y Citywide Road Resurfacina Pro cram Type 9f !2qrjd_ (check one) 1 Performance >"Warranty Date of issuance of improvement bond: March 13, 2002 ... ... . . .... jMprovejrneni 1-)nncLamounL S 313,330-33 Im rovoment bond number: 929161830 F_t&ty issuing bond. Contincntai Casualty GorTipaoy_, AN Plaza, Chir-a—Q0, Forrn of bond. Itf-rTIS all ached: n Cash or Cashier's check �d Surety borid _j Irrevocable bank letter of credit Letter from a savings and loan or commercial bank ,.j Certified cost estimate hy Professional Engineer of record Original performance/warranty bond Other, ... ....... . ing order is indicated by the number between parentheses below. Fach depart[Tient must initial their approval in order for this item to be accepted by the City i�up rtrnent Initial!; fOr M)Droval Date. (1) Public Works & _�2AQ2_.. 10 -7 J7 (2) Risk Manage-ment (3) (Ay Attorney 4) Gity CIcrk (Plense return approved form to the Public Works Engineering Division) 52, Initiating Division's Signature: Z4,_11/11/7 Date. ..... . ........ . Bond No. 929161.830 1MP� M[--,NT WARRANTY_HOND = SURF-TY Project N imp C'..imarac Street 1.ri71�z�.�vement Prof,,r,,, Ti Plic ,e IIX. Wee.kl ey Asphalt Pavl-ng, Inc. KNOW ALL MEN BY THESE PRESENTS: That having an address of 2085`i SW 36 St. , Weston, FL 33332 7 --- Garati.nctnt..<l. Casualty Corttp:tt1. cNA P1 z.l Chicago, 1.L 60685 as Principals, and having an address of a corporation, existing gander the laws of theState of Florida, and having heretofore, complied with all the. requirements of the laws of the State of Florida regulating the admission of such. corporation to transact, business in this State;, as Scarety, are held and firr7;ly hound unto the City of Taaraarz--Ac of Broward County, �-, rlitar, -1pal corporation of the Slate of Florida having an address of 7525 Northwest 88`' AvenclF 1;�m :rr �c, 1==iorida, 3?37..1 in the full Three Hundred Ill i t t:ecn I hnu�.tttt; ':d'll t t ca and lust surn of aittndre,d Thirt--y & 33%100_. Dollars (S 313,33()-33 ) lawfr_il money of the United States of America, for which sum well and truly to be paid to said City of Tamarac, the said Principal and the said Surety do hen-eby bind themselve!;, their hairs, executors, administr<itors, successors or ;:assigns rcspectively, as the ca ae may be, jointly :and severally, firmly by these presents, WHEREAS, in accordance With the terms of Section 10-1 5C;, cas amended by 0r-din,arnce 93-23, paragrnph (b) of the Tamnroc City (;ncil , there is a requirement that a !bond in the amourit of 25 percent (25%) of the actual cost of the trTlr)rt)v('r7le to be ported upon final apprraval of said Improvements ley the, City Commission, and C.� WHEREAS, in rnmpliance with said warranty bond requirements, said Principal is required to fur-nish a good grad sufficient. bond in a- surely c.omp:;any li4 ensrad to do r F X I I I B IT r r `� r r business ir'i the agate of F lcarida conditioned upon the correction of all insufficiencies in design, workmanship and/or materials which .arc, fOund within one year of the date of the final approv ll of the lmprcivements by the City CorTirnission of the City of Tamarac, Florida - NOW, THEREFORE, the condition of the obligation is 3uc1,1 that if the said Principal, its successors, legal representatives or assigns shall have made all corrections sand shrill have paid all cl�j nls for the cost of correcting al1 insuffic_irwancies ire design, worknlrrn:ship anti/or materials discovered within one year of the date of final approval of the Improvements by the Cily CoMmission of the City of Tamarac F loricl�a then this obiigation shall be void-, else to continue in full force and effect. Friar tcl the (::rid of the calendar year, following 7r3id City CommisSic? "S fin21 approval of the Improvements warrantt�ci by this bond, the, City 1-r,gineer or his designee shell inspect them for fine -if releaser. If his inw-,stigation reveals any insufficiencies, then he shall notify the Principal, in writing, that they, work is unacceptable. [..he Principal and the Surety, jointly .and :;ovorally, agrc e th::ri. said City of Tamarac shall have the right to eormct inseii-flcienci(,%s in design, workmanship and/c;r materials in thc. event thp Principal should flail or rc�fuse SO to do within ninety (00) drays after said written nc:?tice by thee, City Engineer, and, pursuant to public.: advertisement and receipt. and acceptance of bids, carj.se -,rid irtsuffiCic roc;ic'.s in design, workmanship and/or m.,terials to be corrected. In such case, the Principal and, Surety shall Ise jointly and :�ev(,r-ally liable hereunder to pay and indemnify said City upon the correction of s�rid in ufficiencie�s in design, worl,,aaariship nndlor materials, the final total Cast: thereof, F�A EXII iF 2 including but notlirlifted to engineering, legal and contingent, costs together with any damage, direct. cr consequential, which said City of Tamarac rnrIy sust;airl on account of me, failure of the Principal to comply with all of the requirements horeof- I_jpc)r,, recommendation by the City EnginepF foF final approval and upon compliance by principfl with appliczhlo candition-, as hereMabove stated, the Clk,y Engineer will then recommend to the, City Commission the release of this reduced bond, by resolution L A LP.J k) kf 0 0 1:1 lie I JrTlerlt by ,the abovel bc)�`l IN WITNESS WHEREOF, Jlde, j parties have executed their instrl _ theta cnrpocatp names acid eals hereto arausing their' authorlzk-��d and causing representatives to sign these presents, pursuant to the authority of their goveming bodies on this .. l3tll. day of March --- 20 02, SIGNED ANU-SEALED IN THE PRFSENCE OF: BY (As to Proc-P'll) retie ) toi tt,,e president �ed �y L/ B v 7 Mary C. AttOrTICY-i.n--Fact lChed of ALLorney �l t: iwested by ,Title The respective corporate seals -�hoklld be affixed' E X I I 1 I, 1 1' PO'WER OF ATTORNEY APPOTNUN,, G INDIVIDUAL, ATT0&NEY-BEN-. ,1'kCT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FiRE IN'SUilk COMPANY OF HARTFORU, a Connecticut corporation, AMERICAN CASUAL_FY CCMPANY OF: READIN(a, PENNSYL VANIA, a PennsyF"ani, corporation (htwr m oolle-ctively called "the CNA Surety Companies."), art) duly organized and existing cxarporations having their principal offir:P:, in the City of Chicago, and State cf illinai, and that they do by virtue of the signature arici ;se^gals herein affixed hereby make, constitrte and appoint Charles J. Nielson, M.try G Aceves, Warren M. AttYar, Charles D. Niel- on. 6rett F ospnhaus, Melinda Rnsenh.aus, Kevin Woltnwir.i Individu<alf� of Miami Lake!::. Florida their true and Lawful Attomey(s)-in-Fact witfi fill Ixawer and authority hereby conferred to sign, seal :and execute for and on their N'h,;lf bands, undertakings and other obligatory instnamentcs of similar nature - In Unhi-nni d Amounts - ,and to bind them thereby a�i fully and to tfre same t-:xtent a-r if such instruments "-: re signed by a duty at,ithonzed crticer of heir corFxar:atirans; �T and all the acts of .;,-aid Attorney, pursuant to the authority hereby given are hereby ratified and confirrnN<i_ This Power of Attorney is made and executed pursuant to and by atittierity of the By -Laws and Re clution.s, printed an the reverse heront, duly adopted, as ixidirated, by the Boards of Dire<;tors of tie corporation-s. In Witness Whereof, the CNA Sureties Companies have caused these pf(!--eznts to be signed by their C7ruup Vice Pr(--sident and their corporate —lhs to be hereto affixed on this 1 attr day of �W Aux tr;t 1997 C CON1"INENTAL CASUALTY COMPANY'4r. NATIONAL FiRE INSURANCE COMPANY OF HARTFC)RC) xAME..RICAN CASUALTY (,:C)MPANY OFREADING, PENNSYLVANIA eNG�4T� � � �" �Ik 1x12 �. M.C.'Vonnahrne C_arcup Yac: President State of Illinois, County of C(x)k, ss On this 19th day of _ _August 1997 , beforcz mo personalty came . m_ M. C. Vorrnahnic-� to me known, who, being by rrie duty swam, did detxa��+ avid say: that he resides Ira ttacA Village of Darien State of fllinni•s; tt--at he i:s a Group Vice President of CONTINENTAL CASUA[_'1"'Y (:()MPANY, NATIONAL FiRE INSURANCE COMPANY OF HARTFORD avid AMERiCAN CASUALTY COMPANY OF: HEADING, PENNSYt.VANIA cirrsc..ribad in and which ext��r��d the atxivti in �trumerrt; that he known; tiro seals of c;.aid corporations, that the hells ::affixed to the said irastxurnerit are such corporate seat:,; that they wertz ro ificced pursuant to authcrity olives by the Boards of Directors of ssiid carFxxaticn s and that ht: signed hi; name thereto pursuant to like auttix7rity, and acknowtedge-- .F..ame to be the a-t and de-J of said corporations. e fvly Commission F.;xl,:rrtes .)unta 5, Z,'GD le;c n 1 .actu Notary ,Pubb.c CERTIFICATE I. Robcrt E. Ayo. A,:s,is,ant Secretary cf CONTINENI"Al_ CASUALTY CCMPANY, NATIONAL- FIRE INSURANCE COMPANY OF HARTFORD, and AMERiCAN CASUALTY COMPANY OF READING, PLNNSYLVANIA do hereby certify that the Power of Attorney herein a xive set firth is Still in force, aanci i rtl-ier certify that the Hy-L,' w and Resolution of the Hoard of Directors of each carpci atian printed on the rfwerre hereof are sail in tor(s-. In tr-sbmony whereof I haw) hr_ret,mto subscribed my name and afixcxi the seals of the said core-)ratieni, uar 13th day of Mr..1x-c:1t 2002. CCNTiNEN T At. CASUALTY COMPANY NATIONAL FiRE INSURANCE CCMPANY OF HARTFORD AWRICAN CASUALTY COMPANY OF READING, p=NN YLVANIA SEA � Nix 7I. �/ •-- _l� Rnhart = A-- ac•:;clans ;v t-.rrrrrw Temp. Reso. #9271 Page 1 of 4 i�evision#2:February 22, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 51 A RESOLUTION OF Tt fE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CERTAIN STREETS FOR RESURFACING AS PART OF PHASE III OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE. A CONTRACT AMENDMENT WITH WEEKLEY ASPHALT PAVING, INC; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $1,425,102.31; AUTHORIZING BUDGETARY TRANSFERS AS NECESSARY FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERARILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved 0 the SE;v(.n Year Comprehensive Street Improvement Program through the approval of Resolution No. R98-227; and WHEREAS, the City entered into an agreement with Weekley Asphalt Paving, Inc. io resurface approximately 30 miles of streets under Phase II -A of the Seven Year Comprehensive Street Improvement Program as authorized by Resolution No. R99-277, a copy of said Agreement hereto attached as Exhibit_-1: and WHEREAS, the City and Weekley Asphalt Paving mutually agree to amend the existing Agreement to allow for the establishment of Phase III of the Street Improvement Program, a copy of said amendment hereto attached as Exhibit 2_; and WHEREAS, the City is desirous of restoring an additional 33.73 miles of roads as a part of the Phase III Work Plan, a copy of which is hereto attached as Attachment 1 0 to Exhibit 2; and EX ii .I B I rri ; PP i emp. Reso. #9271 Page 2 of 4 Revision#2:F'ebruary 22, 2001 0 WHEREAS, the project budget is recommended to he established in an amount not to exceed $1,425,102.31 based upon a construction cost estimate of $1,239,219.40 provided by Weekley Asphalt Paving, a copy of said Cost Estimate is hereto attached as Exhibit__3, and a project contingency established for fluctuations in material prices, variances in quantities and unforf.seen field conditions in the arraount of $185, 882.91, representing 15°/<, of the estin'aatod construction cost; and WHEREAS, available funds exist in the Road Resurfacing Program budget for said purpose; and WHEREAS, the Purchasing Division has determined through market place analysis that it is economically advantagc-;aus for the City to amend the existing Agreement with Weekley Asphalt Paving to include the Phase III Resurfacing Work Plan: and WHEREAS, it is the recommendation of the Public Works Director. Assistant Public Works Director .and Purchasing/Contracts Manager that the existing Agreement with Weekley Asphalt Paving be amended to include the Phase III Resurfacing Work Plan; 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 amend to the Agreement with Weekley Asphalt Paving to include Phase III Street Resurfacing Work Plan. NOW, THEREFORE, BE IT RESOLVED BY THE Cl t"Y COMMISSION OF THIO CITY OF TAMARAC, Fl_ORIDA THAT: EXII I I'll p, , << r� 1 ermp. Reso. #9271 Page 3 of 4 Revision#2'f`e bruary 22, 2001 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 Phrase III Street Resurfacing Work Plan, identified in Exhibit 2 - Attachment 1 is HEREBY APPROVED, SECTION 3: The appropriate City officials are HEREBY AUTHORIZED to execute an amendment to the existing agreement with Weekley Asphalt Paving for the establishment of the Phase III Resurfacing Work Plan. SECTION 4: An expenditure in Sara an3ount not to exceed $1,425,102.31 is HEREBY AUTHORIZED. SECTION 5: Bt.adclet transfers which may be required for proper accounting purposes and financial control are HEREBY AUTHORIZED. SECTION 6, All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. EXfl11-111 T SECTION 8 passage and adoption. Temp. Reso. 89271 Page 4 of 4 Revisior)#2:February 22, 2001 0 This Resolution shall become effective imrnecti �tt-ly Upon its PASSED, ADOPTED AND APPROVED this 14" day of March, 2001. ATTES I : r MARION SWENSON, CIVIC CITY CLERK I HEREBY CER'T"IFY that I approved this RE�S-QLUTLON as to form. MITCHELL S. K CITY ATTORNEY i1./adm correspondence/agendas/9- RL S-Resurfacing Phase Ill.dor � w E SCHREIBER MAYOR RECORD OF COMMISSION COTE MAYOR SCHREIBER — t (a DIST t: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS a 11 I?XII CBIT Temp. Reso. #9271-RYb1bit $f 11 Temp. Reso. 48765 -- September 10, 199� Page 1 Revision #2, October 7, 199� Cl IY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-27 i A RESOLUTION OF THE CITY COMMISSION OF 1 HE CITY OF TAMARAC, FLORIDA, APPROVING CERTAIN STREETS FOR RESURFACING AS PART OF PHASE II -A OF THE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE. AN AGREEMENT WITH WEEKLEY ASPHALT PAVING INC. FOR RESURFACING STREETS UNDER PHASE II -A IN AN AMOUNT NOT TO EXCEED $1,223,172.79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1995, the City Commission of the City of Tamarac approved the Seven Year Comprehensive Street Improvement Program through Resolution No. R97- 247: and WHEREAS, the City Commission directed the City staff to review and expedite the Street Improvement Program, if possible; and WHEREAS, to expedite the Street Improvement Program, the Public Works staff separated all the ;streets spread over seven years that did not require stormwater, utilities, median or other improvements prior to resurfacing; and WHEREAS, these streets are identified in 1 xhibit 1-A" in the tabulation form and "Exhibit 1-13" on the City of Tamarac map as Phase II -A; and WHEREAS, the City of Tamarac publicly advertised Bid #99-27B for resurfacing streets under Phase II -A in the Sun -Sentinel on ..luly 21'' and August 1st, 1999; and WHEREAS, on August 25, 1999, the following four (4) bids were opened and reviewed to determine cost and responsiveness to the City's specifications: E X I I i.IITT„.1,t 1 1 g" der Weekley Asphalt Laving, Inc ^Pan American Constniction, LP Paver Corporation General Asphalt Corporation ; and Fcarnp. Reso- #8755 -- Sopternber ly4 qwe Revision #2, October 7, 191 Cost $ 1,223,172.79 1,388,294.53 1,491,687.10 1,685,230,05 WHEREAS, Weekley Asphalt Waving Inc. submitted the lowest responsive b proposal at $1,223,172.79: and WI tEREAS, available funds exist in the Road Resurfacing Program budget for sa purpose; and WHEREAS, it is the recommendation of the Public Works *tc Purchasing/Contracts Manager and Acting City Engineer that the City award tf resurfacing contract, identified as Phase II -A, to Weekley Asphalt Paving Inc; and WI- EF: EAS, the City Commission of the City of Tamarac, Florida cfee rrs it to be the best interest of the: citizens and residents of the City of Tamarac to award the Phaw II -A resurfacing contract to Weekley Asphalt Paving Inc in an amount not to excee $1,223,172.79. NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COMMISSION OF TH CITY OF -tAMARAC, FLORIDA THAT: N 1: The foregoing WHEREAS clauses are HEREBY ratified ar confirmed as being true and correct and rare hereby made a specific part of this Resolutic upon adoption horeof. 0 SECTION 2 The list of streets to be resurfaced, identified In Exhibits l- and 1-13, is HEREBY APPROVED. 1?XHTY,I'I'm':," 1 1 Temp. Reso. #8755 — September 10, 199! Page Revision #2, October 7, 199! S C TION 3: The appropriate City Officials are HEREBY AUTHORIZED tc execute an agreement with Weekley Asphalt Raving Inc for resurfacing streets unde Phase (I -A, a copy of said agreement being hereto attached as "Exhibit 2". SFGTION ; The City Manager or his designee is HEREBY AUTHORIZEC to approve change orders in the amount not to exceed $122,317.3, which represent 10% of the contract amount. The City Manager or his designee is HEREBY AUTH®Rl7Er to close the bid reward including but not limited to making final payment and releasinc bonds when the work has been satisfactorily completed within the terms and conditions o the contract. 5F ('TICI All Resolutions or parts of Resolutions In conflict herewith arc HEREBY REPEALED to the extent of such conflict. aEQTIC;N 7: If any provision of this Resolution or the application thereof tc any person or circumstance is held invalid, such invalidity shall not affect other provisiom or applications of this Resolution that can be given effect without the invalid provision o application, and to this end the provisions of this Resolution are declared to be severable TIO 8: This Resolution shall become effective immediately upon it; passage and adoption. EXHI I;:iT"' " 1 1 Temp. Reso. 43755 -- September A 19! We Revision #2, October , 1 g! PASSED, ADOPTED AND APPROVED this 13th day of October 1999, ATTEST: — (2�- '44U40- - CAROL GOLD, CMC/AAE CITY CLERK EBY CERTIFY that I )pr v d this ES �UTION -S to forme MITCHEL'E--"S K AFT CITY ATTO ErY / L : JOE SCHREIBER MAYOR RECORD OF COMMISS MAYOR SCHREIBER DIST le COMPORINJ DtST 2: V M MISHKuN DIST 3: CDMM. SWIAN DISC' 4' COMM. A-Q 110 * Agreement Between CITY and CONTRACTOR LJ AGREEMENT CITY OF TAMARAC and WEEKLEY ASPHALT PAVING, INC. for TAMARAC STREET IMPROVEMENT PROGRAM, PHASE U-A This is an Agreement between: The CITY OF TAMARAC, a municipal corporation with principa offices located at 7525 NW 88`' Avenue, Tamarac, Florida, hereinafter referred to as "CITY" AND Weekley Asphalt Paving, Inc„ with principal offices located at 20855 SW 36 Street, Weston, Ft 33332 its success(:)rs and assigns, hereinafter referred to as "CONTRACTOR". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants anc payments set forth below, and other good and valuable consideration, the adequacy and receip. of which are acknowledged, CITY and CONTRACTOR agree as follows: 11�n I i I11��,�"','41 A4,RTICL F- I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 0 Wherever usc.d in this Agreement or in the other Contract Documents the following terms hay the meanings indicated which are applicable to both the singular and plural thereof: 1.1.1 Agreement -The written agreemer-a between CI`IY and CONTRACTOR coverir the Work to be performed including other Contract Documents that are attached to tf Agreement and made a part thereof. 1.1.2 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 th Agreement, or an adjustment in the Contract Price or the Contract Time, issued on after the Effective Date of the Agreement. 1.1.3 City - The CITY OF TAMARAC, FLORIDA. is 1.1.4 Contract Documents -,The Contract Documents consist of the Drawings, Biddir Requirements, Non -Collusion Affidavit, Public Entity Crimes Form, Agreement, Notice Award, Notice to Proceed, Certificate(s) of Insurance, Bonds, Addenda 1&2, and at additional documents which are required to be submitted under the Contract, and amendments, modifications tend supplements, Change Orders and Work dire;ctir changes issued on or after the effective date of the Contract. 1.1.5 Defective - An adjective which when modifying the Work refers to Work that unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, sloes not meet the requirements of any inspection, reference standard, test or approv referred to in the Contract Documents, or has been damaged prior to final payment. 1.1.6 Drawings - The drawings which show the character and scope of the Work to t performed and which are referred to in the Contract Documents. 1.1.7 Effective Date of the Agreement - The date indicated in the Agreement c which it becomes effective, but if no such date is indicated it means the date on whk the Agreement is signed and delivered by the: East of the two parties to sign and deliver. 1.1.8 Engineer - FL919st Manage -.Cfly of Tamarac 0 1.1.9 Notice to Proceed A written notice given by CITY to CONTRACTOR fixing t1 date on which the Contract 7 ime will commence to run and can which CONTRACT shall start to perform CONTRACTOR'S obligations under the Contract Documents. ( 1" X I ( I. K [. T. ti 3 44 I 1 I ' 0 1.1.10 Project is 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. j 1.1.11 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. 1.1.12 Subcontractor - An individual firm or corporation having a direct Contract with p 9 CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.1.13 Supplier - A manufacturer, fabricator, Supplier, distributor, materialman or vendor. 1.1.14 Work - Work is the result of performing services, specifically, including but not limited to construction, furnishing labor, soil borings, equipment and materials used or incorporated in the construction of the entire Project as required by the Contract Documents, The words "Project" and "Work" are used interchangeably. 1.1.15 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 ENGINEFR ordering an addition, deletion or revision in the Work. A Work Change 0 Directive shell 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. 1.1.16 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-Engineerural, or non -technical aspects rather than strictly Work related aspects of the Contract Documents. 1.1.17 Substantial Completion - "Substantial Completion" means the issuance of final (i.e., not partial or temporary) Certificate of Occupancy, and the term "Final Completion" means the CITY's acceptance of the job. E Pane 3 of 18 • 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 This Agreement shall be signed in duplicate by the CITY and CONTRACTOR. 1.2.2 It is the intent of the CITY and CONTRACTOR that the Contract Docurner include all items necessary for proper execution and completion of the Work. TI Contract Documents are complementary, and what is required by any one shall be ; binding as if required by all. Work not covered in the Contract Documents will not I required unless it is consistent with and is reasonably inferable from the Contra Documents as being necessary to produce the intended results. Words at abbreviations which have well-known technical or trade meanings are used in ti Contract Documents in accordance with such recognized meanings. 1.3 Enumeration of Contract Documents: 1.3.1 The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: (1) This Agreement (Part ll, pages 1 to 38, inclusive) and Bidding Requirements (Part I, pages 1 to 72) including but not limited to the following- (2) Plans and Specification Attachments. (3) Executed Performance & Payment Bonds, consisting of 2 pages and submitted upon Agreement award. (4) Insurance certificate naming the City as additionally insured, consisting of 1 pag and submitted upon Agreement award. (5) Notice of Award and Notice to Proceed. (5) All applicable provisions of State, Federal or local law. (7) Any modification, including all Change Orders, duly delivered after execution a this Agreement. (8) Addenda 1 & 2. 1.3.2 If any portion of the Contract Documents appears to be in conflict with any othf portion, the various documents comprising the Contract Documents shall govern in th following order of precedence: (1) Addenda 1 & 2; (2) The Special Provisions; (3) The Technical Specifications; (4) The Instructions to Bidders and General Terms and Conditions; (5) The Agreement, F X H r 131 T 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 shall govern_ 1.4 Intent: It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the flans 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 implication, shall mean the latest standard specification, manual, cede 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. 1.5 Conflict„ Error or Discrepancy, If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and shall not proceed with Worts unless approved by the Engineer in writing. The City shall not be responsible for Contractor's failure to comply with this requirement. 1.6 amending and Supplementing Contract Documents. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1.6.1 A Change Order; 1.6.2 A formal written amendment, or 1.6.3 Work Change Directive. 1.7 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; 1.7.1 ENGINLER'S approval of a shop drawing or sample; or 11 C7 1.7.2 ENGINEER'S written interpretation or clarification. 1.8 Representation of CONTRACTOR: CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, th, Work, the locality, and with all local conditions and federal, state, and local laws, ordinance: rules and regulations that in any manner may affect cost, progress, or performance of the Worb CONTRACTOR has made or caused to be made examinations, investigations, tests ana 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 Documents and no additional examinations, investigations, tests, reports, or similar data are or will br required by CONTRAC'10R for such purposes. 1.9 Before Commencing Operations: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compart the Contract Documents and check and verify pertinent figures shown thereon. CONTRACTO'r shall promptly report in writing to ENGINEER and CITY any conflict, error or discrepancy whist CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. 10 1.10 OWNERSHIP AND USE OF DOCUMENTS 1.10.1 All documents including drawings and specifications prepared or furnished b) CONTRACTOR (and CONTRACTOR's independent associates and consultants' pursuant to this Agreement shall become owned by and be the property of the CITY arc the CITY shall thereby obtain ownership by any statutory common law and other reserved rights thereto, including copyright; however, such documents are not intendec or represented to be suitable for reuse by CITY on extensions of the Project or on an} other project. Any such reuse, modification or adaptation of such documents witho written verification or adoption by CONTRACTOR for the specific purpose intended wil he at CITY's sole risk and without liability or legal exposure to CONTRACTOR or tc CONTRACTOR's independent associates or consultants. If required by CITY, any suci- verification or adaptation will entitle CONTRACTOR to further compensation at rates tc be agreed upon by CITY and CONTRACT OR. Nothing contained In this Agreement constitutes an assignment of any copyrights or other ownership rights, which the CONTRACTOR maintains. 1.10.2 Submission or distribution of documents to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the CONTRACTOR's common law copyrights or other reserved rights_ • MINIR CONTRACTOR 2.1 SERVICES AND RESPONSIBILITIES 2,1.1 The CONTRACTOR shall assist the CITY and ENGINEER in filing document; required to obtain necessary approvals of governmental authorities having jurisdictior over the Project. 2.1.2 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 othe 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. 2.1.3 The CONTRACTOR shall submit a work schedule and be responsible for adhering to schedule during work on the project_ 2.1.4 The CONTRACTOR shall be respnn sible for conforming to the work hours a� delineated in the City of Tamarac Cade_ 2,1.4 The CONTRACTOR shall be responsible for and shall coordinate all construction means, methods, techniques, sequences and procedures. 2.1.5 The CONTRACTOR shall keep the CiTY and ENGiN1=ER informed of the progress and quality of the Work. 2.1.6 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 this Agreement governing claims, disputes and other matters in question) matters relating to performance. Such interpretations and decisions shall be in writing. 2.1.7 The CONTRACTOR shall correct all Work, which does not conform to the Contract Documents. 2.1,8 The CONTRACTOR warrants to the CITY that materials and equipment incorporated in the Work will be new unless otherwise specified, and that the Work will be of good quality, free from faults and defects, and in conformance with the Contract Dor:tarnents. Work not conforming to these requirements shall be corrected in accordance with Article 9. 2.1.9 The CONTRACTOR shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay for building acid rather permits and governmental fees, licenses and inspections necessary for the proper execution i:►nd completion of the Work. The CON"'( RA(;,TOR shall identify all govern r rental 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 C7 appropriate governmental authorities and agencies in obtaining all required permits approvals,. Without limiting the foregoing, CONTRACTOR shall pay all fees, costs, and expense connection with the applications, processing, and securing of approvals or permits fi all governmental authorities which have jurisdiction over all aspects of this work ex( CITY permits and fees which shall be waived except for so much of said fees as CITY is required to remit to other governmental agencies. 2.1.10 The CONTRACTOR shall give notices and comply with laws, ordinances, ru regulations and lawful orders of public authorities relating to the Project, 2.1A 1 The CONTRACTOR shall indemnify and hold harmless the CITY of Tamarac elected and appointed officials and employees from any and all claims, suits, actic damages, liabilities, and expenses `including attorneys' fees) in connection with I= life, bodily or personal injury, or property damage, including loss of use thereof, dire or indirectly caused by, resulting from, arising our of or occurring in connection with operations of the CONTRACTOR or its Subcontractors, agents, officers, employees independent CONTRACTORs, excepting only such lass of life, bodily or personal inj( or property damage solely attributable to the gross negligence or willful misconduc the City of Tamarac or its elected or appointed officials and employees. 0 2.1.12 The CONTRACTOR shall be responsible to the CITY for acts and omission! the CONTRACTOR's employees and parties in privity of contract with CON T RAUOR to perform any portion of the Work, including their agents employees. 2.1.13 The CONTRACTOR shall keep the promises tree from accumulation of wa materials or rubbish caused by the CONTRACTOR's operations. At the completior the Work, the CONTRACTOR shall remove from and about the Project CONTRACTOR's tools, construction equipment, machinery, surplus materials, wa materials and rubbish. Such obligations include the CONTRACTOR's responsibility provide for off -site disposal at no extra cost to the CITY, 2.1.14 The CONTRACTOR shall prepare Change Orders for the ENCINFER'S CITY'S approval and execution in accordance with this Agreement, Any Work, which commenced without a Change Order or Work Directive being approved, shall constit a waiver of any claim of compensation for such Work. All Work Directives must approved by City Manager or designee identified as such in writing. 2.1.15 The CONTRACTOR shall maintain in goad order at the site one record copy the drawings, specifications, product data, samples, shop drawings. Change Orders K other Modifications, marked currently to record changes made during constructi These shall be delivered to the CITY capon completion of the construction and prior final payment. 2.2 BASIC SERVICES The Project consists of resurfacing City of Tamarac Streets as shown on Contract Document! All Work to be guaranteed for a minimum of one (1 ) year from the date of final acceptance by the CITY. 2.3 Shop Drawings and Samples: 2.3.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed, CONTRACTOR shall submit to ENGINEER 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, details 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 to review the information as required. 2.3.2 CONTRACTOR shall also submit to ENGINEER 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 nurrrbers and the use for which intended. 2.3.3 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, 2.3.4 At the time of each submission, CONTRACTOR shall give ENGINEER 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 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. 2.3.5 Approval of the Shop Drawings by ENGINEER 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 Agreement and not indicated on the drawings. No Work called for by any Shop Drawing shall be done until the drawings have been approved by ENGINEER. The costs incurred for the CITY Engineer's review of shop drawings, substitutes, "or equal" items, or change orders, shall be paid by the CONTRACTOR- 2.4 Supervision and Superintendence: CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying CONTRACTOR'S best skill, attention and expertise. CONTRACTOR shall be solely responsible for and have control over the means, methods, technnique s, sequences and procedures of construction. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. LXIi 1 L> 1 T"'3" C. 2.5 Resident Superintendent: CONTRACTOR shall keep on the Work at all times during its progress, a competent re: superintendent and any necessary assistants who shall not be replaced without written not. CITY unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceas be in his employ. The superintendent will be CONTRACTOR'S representative at the sit( shall have authority to act on behalf of CONTRACTOR. All communications given b superintendent shall be as binding as if given to CONTRACTOR. 2.6 Labor: 2.6.1 Construction services shall be performed by qualified constrL CONTRACTORS licensed to do business{in the State of Florida and Suppliers, aeii and paid by the CONTRACTOR 2.6.2 CONTRACTOR shall provide and pay for competent, suitably qualified pers, to perform the Work as required by the Contract Documents, CONTRACTOR sha permit employment of unfit persons or persons not skilled in tasks assigned to I CONTRACTOR shall at all times maintain good discipline and order at the site. F in connection with the safety or protection of persons or the Work or property at th, or adjacent thereto, and except as otherwise indicated in the Contract Doc nl Work at the site shall be performed between the hours of 8:00 a.m. and 6:0+ -t. CONTRACTOR will not permit overtime Work or the performance of Work on Sate. Sunday or any legal holiday without CITY'S written consent. 2.7 Materials: 2.7.1 Unless otherwise specified herein, CONTRACTOR shall furnish, pay fol assume full responsibility for all materials, equipment, transportation, machinery, appliances, water, heat, utilities and all other facilities and services necessary fc furnishing, performance, testing, start-up and proper completion of the Work. 2.7.2 CONTRACTOR warrants that all materials and equipment shall be of good q and new, unless otherwise provided in the Contract Documents and that the Work v free from defects whether patent or latent in nature. All materials and equipment be applied, installed, connected, erected, used, cleaned and conditioned In accorc with the instructions of the applic,)ble Supplier except as otherwise provided i. Contract Documents, 2.8 Concerninu Subcontractors, Suppliers and Others: 2.8.1 The CONTRACTOR shall furnish, in writing on the form included, the nan- persons or entities (including those who are to furnish materials or equipment fabri to a special design) proposed for each principal portion of the Work. CONTRA( shall not change a Subcontractor, person or entity previously selected if C� n reasonable: abjection to such change. 2.82 CONTRACTOR shall be fully responsible to CITY for all acts and omissic the CONTRACTOR'S employees, Subcontractors, Suppliers and other persons di or indirectly employed by his Subcontractors, Suppliers and of persons for whos( any of them may be liable and any other persons and organizations performi I• • . 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. 2.3.3 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRAC I OR and the Subcontractor, which specifically binds the Subcontractor to the applicable terms and conditions of the Contract documents for the benefit of CITY. 2.9 Patent Foes and Royalties: .. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance: of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. 2.10 Laws and Regulations CONTRACTOR shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. CITY shall not be -responsible for monitoring CONTRACTOR'S compliance with any laws and regulations. CONTRACT -OR shall promptly notify CITY and ENGINEER if the Contract Documents are observed by CONTRACTOR to be at variance therewith. 2A I Risk of Loss; Title, The risk of loss, injury or destruction shall be on CONTRACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon acceptance of the Work by CITY. 2.12 Taxes: CONTRACTOR shall pay all sales, consumer, use and other similar taxc;s required to be paid by CONI RACTOR in accordance with the laws and regulations of the State of Florida and its political subdivisions. CONTRACTOR is responsible for reviewing the pertinent state statutes involving such taxes and complying with all requirements. 2.13 Use of Premises: 2.13.1 CONTRACTOR shall confine equipment, the storage of materials and equipment and the operations of Workers to the Project site and areas identified in and permitted by the Contract Documents and shall not unreasonably encumber the premises with equipment or other materials_ CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against CITY by any such CITY or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to FX 11 .1. 13J ,J,"3" • settle with such other party by agreement or otherwise resolve the claim. The gene inderrinitication provided elsewhere in this Contract specifically applies to claims arisi out of CONTRACTOR'S use of the premises. 2.13.2 In addition to the CONTRACT-OR's obligations under paragraph 2.1.13 abol CONTRACTOR shall leave the site clean and ready for occupancy by CIT CONTRACTOR shall restore to original condition all property not designated alteration by the Contract Documents. 2.13.3CONTRAC-1-0F� shall not load nor permit any part of any structure to be loaded :any manner that will endanger the structure, nor shall CONTRACTOR subject any p of the Work or adjacent property to stresses or pressures that will endanger it. ,. 2.14 Access to Work: CONTRACTOR shall provide CITY, CHY'S consultants, representatives and personn Independent testing laboratories and governmental agencies with jurisdictional interests w access to the Work at reasonable times for their observation, inspection and testir CONTRACTOR shall provide them proper and sate conditions for such access and advise the of CONTRACTOR'S site safety procedures and programs so that they may comply therewith. 2.15 Safety and Protection: 0 2.15.1 CONTRACTOR shalt be responsible for initiating, maintaining and supervisi all safety precautions and programs in connection with the Work to prevent damac Injury or loss to all employees on the Work site and other persons and organizatio who may be affected thereby and in connection with all the Work and materials a equipment to be incorporated therein, whether in storage on or off the site and ot} property at the site or adjacent thereto. 2.15.2 CONTRACTOR shall comply with all applicable laws and regulations of a public body having jurisdiction for the safety of persons or property or to protect the from damage, injury or loss. 2.16 Indemnification: To the fullest extent permitted by laws and regulations. CONTRACTOR shall inderlini defend, save and hold harmless the CITY, its officer:, agents. elected and appoint officials, and employees, from or on account of all claims, damages, losses, liabiliti and expenses, direct, indirect or consequential including but not limited to fees a charges of Engineers, attorneys, consultants and other professionals and court cc, arising out of or alleged to have arisen out of or in consequence of the Work of 0 Agreement. The parties agree that 2% of the contract price paid by the CITY, receipt which is hereby acknowledged by CONTRACTOR, shall serve as special considerati for this indemnification provision. The parties also agree that the contract price Jkll r increase as a result of this special consideration, Such indemnification shall spqwu include but not be limited to claims, damages, losses, liabilities and expenses arising w of or from: (a) the negligent or defective execution of the design of the Project and Worts of tl Agreement; r',XIIIiii'l'ry art • 10 (b) any act, omission or default of the CITY, and CONTRACTOR or its Subcontractor agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including the loss of use resultir therefrom; (a) other such damages, liabilities, or losses received or sustained by any person c persons during or on account of any operations connected with the construction of thi Project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the Work in the time specified in this Agreement, (i) the violation of any federal, state, county or CITY laws, by-laws, ordinances c regulations by CONTRACTOR, its Subcontractors, agents, servants, independer contractors or employees; 0) the breach or alleged breach by CONTRACTOR of any term of the Contract, includin the breach or alleged breach of any warranty or guarantee. 2.16.1 CONTRACTOR shall pay all claims', losses, liens, settlements or judgments c any nature whatsoever in connection with the foregoing indemnifications including, br not limited to, reasonable attorney's fees and costs. 2.16.2 CITY reserves the right to select its own legal counsel to conduct any defense (including all appeals) in any such proceeding and all costs and fees associate( therewith including any casts or fees of an appeal shad) be the responsibility c CONTRACTOR under the foregoing indemnification provisions. Nothing containe+ herein is intended nor shall it be construed to waive CITY'S rights and immunities unde the common taw or Florida Statute 768.28 as amended from time to time, Thi: obligation shall not be construed to negate, (abridge, or otherwise reduce any other righ or obligation of indemnity which would otherwise exist as to any party described in thi Agreement. 2.17 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or giver in accordance with this Agreement, as well as all continuing obligations indicated in the Contrac Documents, shall survive final payment, completion and racceptanoe of the Work an( terminn ion or completion of the Agreement. 2.18 Correction and Removal of Detractive Work: If required by CITY and ENGINEER, CONTRACTOR shall promptly, as directed, either correc all defective Work, whether or not fabricated, installed or completed, or, if the Work has beer D "-'II fla j Xlii T1 I'I'll ,v • rejected by ENGINEER and CITY. remove it from the Site and replace it with non-defecti, Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correcw or removal (Including but not limited to fees and charges of ENGINEER'S, attorneys and oth professionals) made necessary thereby. CITY 3.1 The CITY shall designate a representative authorized to act on the CITY's behalf wi respect to the Project_ The CITY or such authorized representative shall examine documen submitted by the CONTRACTOR and shall promptly render decisions pertaining thereto to ave delay In the orderly progress of the Work.. 3.2 The CITY may appoint an on -site Project representative to observe the Work and have such other responsibilities as the CITY and CONTRACTOR agree in writing prior execution of this Agreement. 3.3 The CITY shall cooperate with the CONTRACTOR in securing building and oth' permits, licenses and inspections. 3.4 If the CITY observes or otherwise becomes aware of a fault or defect in the nonconformity with the Contract Documents, the CITY shall give prompt written notice th of the CONTRACTOR. 3.5 The CITY shall furnish required information and services and shall promptly rends decisions pertaining thereto to avoid delay in the orderly progress of the design ar construction. 3.6 The CITY shall communicate with sub -CONTRACTORS only through tk CONTRACTOR. 3.7 CITY shall furnish data required of CITY under the Contract Documents promptly. 3.8 Except for permits and fees which are the responsibility of CONTRACTOR, CITY sht sec cure and pay for necessary approvals, easements, assessments and charges required f+ construction, use or occupancy of permanent structures or permanent changes In existir facilities. 3.9 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled Workers suitable materials or equipment, or fails to furnish or perform the Work in such a way that tt completed Work will conform to the Contract Documents. CITY may order CONTRACTOR stop the Work, or any portion thereof, until the cause for such order has been eliminate however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITY exercise this right for the benefit of CONTRACTOR or anv other oartv. 3.10 ENGINEER'S Responsibilities: _ 11 3.10.1 ENGINEER will be CITY'S representative during the construction period ar until final payment is due. I, X 11 1 13 I I 0 3.10.2 Visits to Site: ENGINEER will make visits to the site at intervals appropriate to the various stages o1 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. ENGINEER'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 shall keep CITY informed of the progress of the Work and shall endeavor to guard CITY against defects and deficiencies In the Work. 3.10.3 Technical Clarifications and Intr�rprotations= ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the technical requirements of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Should CONTRACTOR fail to request interpretation of items CONTRACTOR determines to be questionable in the Contract Documents neither CITY nor ENGINEER will thereafter entertain any excuse for failure to execute the Work in a satisfactory manner based upon such a reason or claim. 3.10.4 ENGINEER will interpret and decide matters concerning performance under the requirements of the Contract Documents upon written request of either CITY or CONTRACTOR_ ENGINEER will make initial decisions on all claims, disputes or other matters in question between CRY and CONTRACTOR. Written notice of each such claim, dispute or other matter will be delivered by claimant to ENGINEER and the other party but in no event later than three (3) days after the occurrence of the event giving rise thereto and written supporting data will be submitted to the ENGINEER and other party within five (5) calendar days after such occurrence. All written decisions of the ENGINEER on any claim, dispute or other matter will be final and binding upon CITY and CONTRACTOR unless a written notice of intention to appeal from ENGINEER'S written decision is delivered within five (5) days after the date of such decisions and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within thirty (30) days of the date of such decision. The rendering of a decision by ENGINEER with respect to any such claim, dispute, or matter (except any which have been waived by the making or acceptance of final payment) is a condition precedent to any exercise by CITY or CONTRACTOR of such rights or remedies existing under the Contract Documents or by law. 3.10.5 Authorized Variations in Work: ENGINEER may authorize minor variations in the Work from the technical requirements of the Contract Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These shall be accomplished by a Field Order and will be binding on CITY, and also on CONTRACTOR who shall perform the Work involved promptly. 0 3.10.6 Rejecting Defective Work: ENGINEER will have the authority to disapprove or reject Work which ENGIt believes to be defective, and will also have authority to require special inspectic, testing of the Work whether or not the Work is fabricated, installed or completed. ARTICLE 4 TIME 4.1 CITY and CONTRACTOR agree that time is of the essence in fulfilling the obligat this Agreerent_ The Work to be performed under this Contract shall be commenced upc date of Contract Commencement specified in the Notice to Proceed and, subject to authc adjustments, shall be complete within 240 calendar days thereafter. failure to ac Substantial Completion shall be regarded as a breach of this Contract and CONTRACTOR be subject to appropriate remedies including but not limited to liability for liquidated damac accordance with Paragraph 4.7 herein. 4.2 The CONTRACTOR shall provide services as expeditiously as is consistent reasonable skill and care and the orderly progress of design and construction. 4.3 Time limits stated in the Contract Documents shall be strictly adhered to. The Work performed under this Agreement shall commence as directed in the Notice to Pro u otherwise agreed in writing_ JU 4.4 The Date of Substantial Completion of the Work will be the date of the City's acceptance of the job as identified in section 1.1.17, above. 4_5 CONTRACTOR shall not be entitled to an increase in the Contract Price or payment compensation of any kind from CITY for direct, indirect, consequential, impact or other c expenses or damages including but not limited to costs of acceleration or ineffrcienc extended overhead arising because of delay, disruption, interference or hindrance from cause whatsoever, whether such delay, disruption, interference be reasonable or unreason foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that provision shall not preclude recovery of damages by CONTRACTOR for hindrances or d due solely to fraud, bad faith or active malicious interference on the part of CITY or its ag Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the and exclusive remedy for excusable events of delay, The following shall constitute "Excu: Events of Delay' (a) An act, delay or order of the CITY obstructing or delaying the CONTRACTOI the commencement, prosecution or completion of a Project activity other tht act, delay or order issued by the CITY reasonably in good faith In its role Government regulator or actions reasonably taken by the CITY in good fai the enforcement of its ordinances, laws, executive orders or rules of ge applicability. Nothing under this subsection 4. shall be deemed an Ex= Event of Delay to the extent that performance would have been iWer delayed or interrupted by any other cause, including but not limited tow fa negligence of the CONTRACTOR or for which an adjustment or extension t Project Schedule is made or provided for, or excluded under any other ter condition of this Contract. (b) Acts of God, wars, fires (other than those resulting from the negligence or willfu misconduct of the CONTRACTOR or attributable to the CONTRACTOR), floods epidemics, quarantine restrictions and freight embargoes. (r,) Strikes which are unforeseeable or beyond the control of the CONTRACTOR tc prevent and which are not the result of any or negligence of the CONTRACTOR but only if the CONTRACTOR takes reasonable action to perfonT notwithstanding the strike. Failure" to perform because of additional c_osf shall no. be deemed compliance. (d) Weather conditions exceeding normal weather conditions prevailing in the arej as defined by the average of the last ten (10) years of weather data as recordec by the United States Department of Commerce, National Oceanic anc Atmospheric Administration at the fort Lauderdale weather station. (e) The CITY acting reasonably, will determine the number of days, if any, that the CONTRACTOR has been delayed. Any disputes over the number of days, if any, that the CONTRACTOR has been delayed shall be resolved in accordance with the Dispute Resolution previsions. In addition, the CONTRACTOR shall continue performance of the Contract Documents. 4.6 NO RECOVERY FOR EARLY COMPLETION. If the CONTRACTOR submits a schedule or expresses an Intention to complete the Work earlier than any required milestone or completion date, the CITY shall not be liable to the CONTRACTOR for any costs incurred, lost profits, extended overhead, expenses or other damages of any kind because of delay or hindrance regardless of whether such delay or hindrance was caused by the CITY, its employees or agents should the CONTRACTOR be unable to complete the Work before such milestone or completion date. The duties, obligations and warranties of the CITY to the CONTRACTOR shall be consistent with and applicable only to the completion of the Work and completion dates set forth in this Agreement. 4.7 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 liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time:. Regardless of whether or not a single Contract is involved, the above -stated liquidated damages shall apply separately to each portion of the Work for which a time of completion is given. CITY shall have the right to deduct from and retain out 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 pay in full such liquidated damages. 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 ENGINEER, 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. i-;XII!BT'I"'," ARTICLE 5 PAYMENTS 5.1 CONTRACT SUM: CITY shall pay CONTRACTOR in current funds as full compensation for the performance of the Work subject to additions and deductions by Change Order as provided in this Agreeme the Contract sum of One Million Two Hundred Twenty Three Thousand One Hundr Seventy Two Dollars and 791100-----------($1,223,172.79). 5.2 PROGRESS PAYMENTS_ 4. 5.2.1 The CONTRACTOR shall deliver to the CITY iternized Applications for Payrni for Payment. CONTRACTOR may requisition payments for Work completed during i Project at intervals of not more than once a month. The CONTRACTOR'S requisiti shall show a complete breakdown of the Project components, the quantities complei and the amount clue, together with a certification by the CONTRACTOR that i CONTRACTOR has disbursed to all Subcontractors and Suppliers their pro-rata shay of the payment out of previous progress payments received by the CONTRA all Work completed and materials furnished in the previous period and that pe executed releases of liens by all Subcontractors, Suppliers and mate.riaimen w( provided and included In they 'CONTRACTOR'S previous applications for payment, a any other supporting documentation as may be required by the ENGINEER or Contr, Documents. Each requisition shall be submitted In triplicate to the ENGINEER approval. The CITY shall make payment to the CONTRACTOR within thirty calendar" days after approval by the ENGINEER of the CONTRACTOR'S requisition payment. 5.2.2 Within thirty f30) days of the CCTY's receipt of a properly submitted and com Application for Payment, the CITY shall make payment to the CONTRACTOR. 5.2.3 Ten percent (10%) of all monies earned by the CONTRACTOR shall be retain by the CITY until the Work is totally completed as specified, and accepted by the C11 The parties hereto agree that 255.052, Florida Statutes, does not apply to tl Agreement, or to any underlying agreements and obligations to which this Agreemt pertains. 5.3 The Application for Payment shall constitute a representation by the CONTRACTOR. the CITY that, to the best of the CONTRACTOR's knowledge, information and belief, the deli and construction have progressed to the point indicated, the quality of the Work covered by t application is in accordance with the Contract Documents and the CONTRACTOR is entitled payment in the amount requested. 5.4 The CONTRACTOR shall pay each Subcontractor, upon receipt of payment* i CITY, out of the amount paid to the CONTRACT OR on account of such Subcontractor's We the amount to which said Subcontractor is entitled in accordance with the terms of t CONTRACTOR's contract with such Subcontractor_ The CONTRACTOR shall, by appropris agreement with each Subcontractor, require each Subcontractor to make payments to sR Subcontractors in similar manner. P'X11.I}3T`;" 3" 6 • • 5.5 The CITY shall have no obligation to pay or to be responsible in any way for payment ti a Subcontractor of the CONTRACTOR except as may otherwise be required by law. 5.6 No progress payment or partial or entire use or occupancy of the Project by the CIr shall constitute an acceptance of Work not in accordance with the Contract Documents. 5.7 The CONTRACTOR warrants that: (1) title to Work, materials and equipment covered b� an Application for Payment will pass to the CITY either by incorporation in construction or upor receipt of payment by the CONTRACTOR, whichever occurs first; (2) Work, materials an( 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, material: or equipment covered by an Application for "Payment will have been acquired by tho CONTRACTOR. or any other person performing Work at the site or fumishing materials o equipment for the Project, subject to an agreement under which an Interest therein or at encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR o such other person. 5.8 The CON1 RACTOR may apply for the return of the retainage held pursuant to Section 5.2.3, if the CONTRACTOR has satisfied the requirements of the Contract relating to retainage. The CITY shall pay the CONTRACTOR the amount retained for the Wont, 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. 5.8.1 Repair and/or replacement of faulty or defective Work. 5.8.2 As -built drawings are submitted to and accepted by the CITY. 5.8.3 Ail Code requirements, inspections, testing and certificates of approval are conformed with, submitted and accepted by the CITY. 5.8.4 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 foini as may be designated by the CITY. 5.8.5 Release of Lien. 5.8.6 Completion of Punch List. 5.8.7 Warranties are submitted to and accepted by CITY. loll • 5.9 Final Inspection: Upon written notice from CONTRACTOR that the Work is or an agreed portion thereof i, complete, CITY and ENGINEER will make a final inspection and will notify CONTRACTOR it 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. 5.10 Final Application for Payment: After CONTRACTOR has completed all such con-ections to the satisfaction of CITY and ENGINEER 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 has indicated that the Work is acceptable, CONTRACTOR may make application for final payment. The final application for payment shall be acccmpanied 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 nKarne of each iienor who has not been paid in full and the amount due or to becornggjue each for labor, services or materials fumished and the reason(s) why the same remains u d. 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, In addition, CONTRACTOR shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall be prepared, sealed and certified by a professional registered land surveyor licensed by the State of Florida, Final payment to CONTRACTOR shall not be made until said drawings have been reviewed and approved by ENGINEER. Prior to approval, if necessary, the drawings may be returned to CONTRACTOR for changes or modifications if in the opinion of ENGINEER they do not represent correct or accurate "As -built" drawings. 5.11 Final Payment and Acceptance: 5.11.1 If, on the basis of FNGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final Application for Payment and accompanying documentation, 1=NGINEER is satisfied that the Work has been completed and CONTRACTOR'S other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing ENGINEER'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 will return the Applic,)tion to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the nee ry corrections and resubmit the Application. Thirty (30) days after presentation to G�of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER'S recommendation and notice of acceptability, the amount recommended by ENGINEER will become clue and will be paid by CITY to CONTRACTOR. t,XIITJ;IT" 0 5.11.2 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, 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 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. 5,11.3 Final payment, constituting the enfire unpaid balance of the Contract Sum, shall be paid by the CITY to the CONTRACTOR when the Work has been completed, the Contract fully perforn►ed, and a final certificate for payment has been issued by the ENGINFER. The making of final payment shall constitute a waiver of claims by CITY except those arising from: (1) Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. (2) Faulty or defective Work and latent defects discovered after acceptance. (3) Failure of the Work to comply with the requirements of the contract documents. (4) Terms of special warranties required by the contract documents. (5) Any of CONTRACTOR'S continuing obligations under this Agreement. 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_ 5.12 CfTY'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: 5.12.1 Defective Work not remedied. 5.12.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties; against the CONTRACTOR. 5.12.3 Failure of the CONTRACTOR to make payments to Subcontractors or Suppliers for materials or labor. 5.12.4 Damage to another CONTRACTOR not remedied. 5.12.5 Livability for liquidated darr,ages has been incurred by the CONTRACTOR. 5,12.6 Reasonable evidence that the Work cannot be completed for the unpaid balar of the contract sum. 5.12.7 Reasonable evidences that the Work will not be completed within the Contr; time. 5.12.8 Failure to carry out the Work in accordance with the Contract Documents. When the above grounds are removed or resolved or the CONTRACTOR provides a snarl bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amoi withheld, payment may be made in whole or in part. PROTECTION OF PERSONS AND PROPERTY 6.1 The CONTRACTOR shall be responsible for initiating, maintaining and providi supervision for compliance with Occupational Safety and Health Act (OSHA) standards safety precautions and programs in connection with the Work. 6.2 The CON i RACTOR shall take reasonable precautions for safety of, and sha v reasonable protection to prevent damage, injury or loss to (1) e mployees on the Work an ott persons who may be effected thereby; (2) the Work and materials and equipment to incorporated therein; and (3) other property at or adjacent to the site. 6.3 The CONTRACTOR shall give notices and comply with applicable laws, ordinano rules, regulations and orders of public authorities bearing on the safety of person; and grope and their protection from damage, injury or loss. 6.4 The CONTRACTOR shall be liable for damage or loss (other than damage or loss property insured under the property insurance provided or required by the Contract Documel to be provided by the CITY) to property at the site caused in whole or in part by 1 CONTRACTOR, a CONTRACTOR of the CONTRACTOR or anyone directly or indirer employed by either of them, or by anyone for whose acts they may be liable. 6.5 HURRICANE PRECAUTIONS: During such periods of times that are designated by United States Weather Bureau as a hurricane warning or alert; all construction materials equipment will be secured against displacement by wind forces; provided that where a complement of personnel is employed or otherwise in attendance, or engaged for sr. purposes, formal construction procedures or use of materials or equipment may contir allowing such reasonable time as may be necessary to secure such materials or equiprni before winds of hurricane force are anticipated. Construction materials and equipment will secured by guying and shoring, or removing or tying down loose materials, equipment -, construction sheds. 0 I.,.. X I I I F, 17, • ARTICLE 7 INSURANCE AND BONDS 7,1 CONTRACTOR'S LIABILITY INSURANCE: 7.1.1 The CONTRACTOR shall purchase from and maintain with a company companies authorized to do business in the State of Florida, such insurance as w protect the CONTRACTOR from claims set forth below which may arise out of or rest from operations under the Contract by the CONTRACTOR or by a CONTRACTOR the CONTRACTOR, or by anyone directly or indirectly employed by any of them, or t anyone for whose acts they may be liable:;- .1 claims under Workers' Compensation, disability benefit and other simil, employee benefit laws, which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, death of the CONTRACTOR's employees tinder any applicable employer's liabili law; .3 claims for damages because of bodily injury. sickness or disease, or death persons other than the CONTRACTOR's employees; .4 claims for damages covered by usual personal injury liability coverage which a. sustained (1) by a person as a result of an offense directly or indirectly related employment of such person by the CONTRACTOR or (2) by another person; .5 claims for damages, other than to the Work at the site, because of injury to destruction of tangible property, including loss of use; and .6 claims for damages for bodily injury or death of a person or property damac arising out of CITYship, maintenance or use of a motor vehicle. 7.1.2 The insurance required by the above Subparagraph 7.1.1 shall be written for n less than limits of liability specified in the Contract Documents or required by lat whichever are greater, 7.1.3 The CONTRACTOR's liability insurance shall include contractual liabili insurance applicable to the CONTRACTOR's obligations. 7.1.4 Certificates of Insurance and copies of policies, acceptable to the CITY shall t delivered to the CITY at the time of execution of contract. These Certificates as well r insurance policies required by this Paragraph shall contain a provision that coverage vt not be canceled or allowed to expire until at least sixty days prior written notice has be( given to the CITY. C7 • If .any of the foregoing insurance coverages are required to remain in force after fir payment, an additional certificate evidencing continuation of such coverage shall I submitted along with the application for final payment. 7.2 PUBLIC CONSTRUCTION BOND (PERFORMANCE BOND): 7.2.1 Within fifteen (15) calendar days after Notice of Award and in any event prior to commencing work, the CONTRACTOR shall provide a Public Construction Bond in substantial form specified by 255.05, Fl. Stat. which is issued by a surety company licensed to do business In the State of Florida and designated by the Department of the Treasury as holding Certificates of Authority as acceptable sureties on federal bonds and as acceptable reinsuring companies. This bond shall specifically cover damages fc delay (e.g., liquidated damages), indemnification, warranties, royalties, and safety violations, and the approved form is as elsewhere identified In the Contract Documents 7.2.2 Pursuant to the requirements of Section 255.05, Florida Statutes, it shall be tf duty of the CONTRACTOR, to record the aforesaid bond in the public records of Browa County, with the CONTRACTOR to pay all recording coasts. 7.3 BOND, REDUCTION AFTER FINAL PAYMENT: :such band shall centiniae in effect for one (1) year after final payment becomes due e t r otherwise provided by law or regulation or by the Contract Documents with the final sure o sa bond reduced after final payment to an amount equal to twenty five percent (25%) of ti Contract Price, or an additional bond shall be supplied and conditioned such th. CONTRACTOR shall correct any defective or faulty Work or material which appears within or (1) year after final completion of the Contract, upon notification by the CITY. 7.4 DUTY TO SUBSTITUTE SURETY: If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomE insolvent or its right to do business is terminated in the State of Florida or it ceases to meet tl- requirements of other applicable laws or regulations, CONTRACTOR shall within seven (7) da) thereafter substitute another bond and :surety, both of which must be acceptable to CITY. 7.5 INSURANCE: 7,5.1 At the time of execution of the contract, the CONTRACTOR shall subrr certificate(s) of insurance evidencing the required coverages and specifically nrovld2 that the City of Tames is an d amed lest r d with respect to the require _. . coverages and the operations of the CONTRACTOR under the contract. Insurant Companies selected must be acceptable by the CITY. All of the policies of insurance s required to be purchased and maintained shall contain a provision or endorsement the the coverage afforded shall not be cancelled, materially changed or renewal refused un at least thirty (60) calendar days written notice has been given to CITY by certifiedrnnai!. k X I I IL'IT" 3" is The CONTRACTOR shall procure and maintain at its own expense and keep in efff during the full term of the Contract a policy or policies of insurance which must incV the following coverages and minimum limits of liability. Additionally, ai Subcontractor hired by the CONTRACTOR for this Project shall provide Insuran coverage as stated herein. (a) VVorkUL Compensatio n lrce for statutory obligations, in compliance w Florida statutory limits imposed by Workers' Compensation Law. CONTRACTOR sh agree to be responsible for the employment, conduct and control of its employees as for any injury sustained by such employees in the course of their employment. (b) QgEnorehensive A for all owned, non -owned al hired automobiles and other vehicles used -by the CONTRACTOR in the performance the Work with the following minimum limits of liability: $1,000,000.00 Combined single Limit. Bodily Injury and Property Damage Liability, per occurrence (c)nn reh n iv is it with the following minimum limits of liability: $1,000,000,00 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence Coverage shall specifically include the following with minimum limits not less than tho: required for Bodily Injury Liability and Property Damage: 1- Comprehensive 2Premises and operations; 3. Contractual Liability 4. Personal Injury 5. Explosion and Collapse 6- Underground Hazard 7. Independent CONTRACTORS; 8 Product and Completed Operations Liability; 0- Broad Form Property Damage; 10. Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract, and 11. Cross Liability and Severability of Interest Clause. 7.5.2 The required insurance coverage shall be issued by an insurance compar authorized and licensed to do business in the State of Florida, with the followin minimum rating of A-VII to A+, in accordance with the latest edition of A.M. Best's Ke Rating Insurance Guide. 7.5.3 All required insurance policies shall preclude any Underwriter's rights of recover or subrogation against CITY with the express intention of the parties being that th required insurance coverage protect both parties as the primary coverage for any and a losses covered by the above -described insurance. l?AFi ! V)IT" Pp • 7.5,4 The CONTRACTOR shall ensure that any company issuing insurance to cov the requirements contained in this Contract agrees that they shall have, no recour against CITY for payment or assessments in any form on any policy of insurance. 7.5.5 The clauses "Other Insurance Provisions" and "Insured's Duties in the Event an Occurrence, Clairrr or Suit" as it appears in any policy of insurance in which CITY named as an additional named insured shall not apply to CITY. 7.5.6 The CONTRACTOR shall not commence performance of its obligations unc this Agreement until after it has obtained all of the minimum insurance herein describ and the same has been approved by CITY. 7.5.7 Violation of the terms of this paragraph and its subparts shall constitute a brea of the Contract and CiTY, at its sole discretion, may cancel the Contract and all righ title and interest of the CONTRACTOR shall thereupon cease and terminate, 7.6 CITY'S LIABILITY AND INSURANCE: CITY shall not be responsible for purchasing and maintaining any insurance to protect t interests of CONTRACTOR, Subcontractors or, others on the Work. CITY specifically resery all statutory and common law rights and immunities and nothing herein is intended to limit waive same including, but not limited to, the procedural and substantive provisions a d Statute 768.28 and Florida Statute 95.11. ARTLCLE $ CHANGES iN THE WORK 8.1 CHANGES IN THE WORK: 8.1.1 CITY, without invalidating this Agreement, may order additlons, deletions revisions to the Work. Such additions, deletions or revisions shall be authorized by Written Amendment, Change Order or Work Change Directive. 8.1.2 All Change Orders which, individually or when cumulatively added to amour authorized pursuant to prior Change Orders for this Project, increase the cost of t Work to CITY or which extend the time for completion, must be formally authorized a approved by the Tamarac CITY Commission prior to their issuance and before Wr may begin. Notwithstanding the above paragraph, Change Orders which individually or wh cumulatively added to amounts authorized, pursuant to prior Change Orders for tl Project, increase the cost of the Work to the CITY not in excess of ten percent (10 may be approved by signed approval of [tie CiTY Manager of the CITY of Tamarac - No claim against CITY for extra Work in furtherance of a Change Order shall b vV unless prior written CITY approval pursuant to this section has been obtained. 8.1.3 The Contract Price and Contract 1 ime shall be changed only by Change Order written Amendment. 1 X I I I,BTT" 8.1.4 Proposed Change Orders shall be prepared by the ENGINEER on forrr provided by CITY. When submitted for approval, they shall carry the signature of tt- ENGINEER and the CONTRACTOR, 8.1.5 If CITY and CONTRACTOR are unable to agree as to the extent, if any, of a adjustment in the Contract price or an adjustment of the Contract times that should b allowed as a result of a Work Change Directive, a claim may be made therefor. 8.1.6 CONTIRACTOR shall not be entitled to an increase in the Contract Price or a extension of the Contract times with respect to any Work performed that is not require by the Contract Documents as amended. modified and supplemented. 8.1.7 If notice of any change affecting the general scope, of the Work or the provision of the Contract Documents is required by the provisions of any Mond to be given to surety, the giving of any such notice will be CONTRACTOR'S responsibility and th+ amount of each applicable bond shall be adjusted accordingly. 8.1,8 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 tc ENGINEER not later than three (3) calendar days after the occurrence or event givinc rise to the claims and stating the general nature of the claim. No claim far an adjustmen in the Contract Price or an extension of the contract time will be valid if not Submitted it accordance with this Paragraph. 8.1.9 The cost or credit to CITY from a change in the Work shall be determined by mutual written agreement. 8.2 CHANGE ORDERS: 8.2.1 A Change order Is defin©d in Section 1.1.2, above. 8.2.2 Cost or credit to the CITY resulting from a change in the Work shall be determined In one or more of the following ways: .1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit Pvaluation where unit prices do not exist in the contract documents.; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; or .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee, E F.X.H-i-B`I r', ro • 8.3 CONCEALED CONDITIONS. By execution of this agreement, CONTRACTOR acknowledges that all requirements conditions necessary to fulfill this Contract have been met, No contract adjustments sha allowed for concealed site conditions. 8.4 REGULATORY CHANGES: The CONTRACTOR shall be compensated for changes in the Work necessitated by enactment or revision of codes, laws or regulations subsequent to the submission of CONTRACTOR's Proposal. TIC CLE 9 WARRANTIES, TESTS AND INSPECTIONS CORRECTION OF DEFECTIVE WORK 9.1 Warranty of Title: The CONTRACTOR warrants to the CITY that it possesses good, clear and market �tI all equipment and materials provided hereunder and there are no pending liens, c it! encumbrances whatsoever against said equipment and materials. 9.2 Warranty of Specifications: The CONTRACTOR warrants that all equipment, materials and Workmanship furnist whether furnished by the CONTRACTOR or its sub -CONTRACTORS and Suppliers, will con with the specifications, drawings and other descriptions supplied or adopted and that services will be performed in a Workmanlike manner- 9•3 Warranty of Merchantability: CONTRACTOR warrants that any and all equipment to be supplied pursuant to the Agreerr is merchantable, free from defects, whether patent or latent in material or Workmanship any for the ordinary purposes for which it is Intended. 9.4 Correction Period: CONTRACTOR warrants all material and Workmanship for a minimurn of one (1) year from d Of acceptance by the CITY_ If within one (1) year after the date of final completion or sl longer period of time as may be prescribed by laws or regulations or by the terms of applicable special guarantee required by the Contract Documents, any Work Is found to defective, whether observed before or after acceptance by CITY, CONTRACTa sI Promptly, without cost to CITY acid in accordance with CITY'S written instructions, eith rr such defective Work, or, if it has been rejected by CITY, remove it from the site and replac with Work that is not defective and satisfactorily correct and remove and replace any damagr. other Work or the Work of others resulting therefrom. If CONTRAC FOR does not prornl comply with the terms of such instructions, or in an emergency where delay would uir serious risk of loss or damage, CITY may have the defective Workmanship corrected or 1?XIIIR.II-'" ' rejected Work removed and replaced, and all direct, indirect and consequential costs of sr, removal and replacement (including but not limited to fees and charges of ENGINES attorneys and other professionals) will be paid by CONTRACTOR. 9.4.1 Where defective Work (and damage to other Work resulting therefrom) has be corrected, removed or replaced under this paragraph, the correction period hereunc with respect to such Work will be extended for an additional period of one (1) year of such correction or removal and replacement has been satisfactorily completed. 9.4.2 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR, might have under the Contract Documents. Establishment of the time period of one (1) year as described in Paragraph 9.4.1 relates only to the specify obligation of the CONTRACTOR to correct the Work, and has no relationship to the time within which the obligation to comply witt 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 tc the CONTRACTOR'S obligation other than specifically to correct the Work. 9.5 CONTRACTOR warrants to the CiTY that it will cornply with all applicable federal, stz and local laws, regulations and orders in carrying out its obligations under the Contract. 9.6 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankrupt proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration other legal or administrative proceedings or investigations of any kind which would have adverse effect on its ability to perform its obligations under the Contract. 9.7 CONTRACTOR warrants to the CITY that the consummation of the Worts provided for the Contract Documents will not result in the breach of any term or provision of, or constitute default under any indenture, mortgage, contract, or agreement to which the CONTRACTOR is party. 9.8 CONTi"-FACTOR warrants that there will be no violation of copyrights or patent rigF either in the United States of America or in foreign countries in connection with the Work of tl Contract. 9.9 No warranty, either express or implied, may be modified, excluded or disclaimed in al way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstandir acceptance and payment by CITY, 9.10 Tests and Inspections., 9.10.1 CONTRACTOR shall give CITY timely notice of readiness of the Work for , required inspections, tests or approvals. CONTRACTOR shall assume f, responsibility, pay all costs in connection therewith and furnish CITY the requir( certificates of inspection, testing or approval for all materials, equipment for the Wo and any part thereof unless otherwise specified herein. CONTRACTOR SHALL E RESPONSIBLE FOR THE PAYMENT OF SPECIAL INSPECTORS AS REQUIRED E THE SOUTH FLORIDA BUILDING CODE (BROWARD COUNTY EDITION, A AMENDED) AND ANY OR ALL -SPECIAL INSPECTIONS AS REQUIRED BY TF- BUILDING OFFICIAL. 10. -- nn -f '10 fl. XII1I3.i'1'`r:1" • 9.10.2 Inspectors shall have no authority to permit deviations from nor to relax any ( the provisions of the Contract Documents, nor to delay the Agreement by failure t inspect the materials and Work with reasonable promptness. 9.10.3 The payment of any compensation in any form, or the giving of any gratuity or th. granting at any favor by the CONTRACTOR to any inspectors, directly or indirectly i strictly prohibited and any such action on the pert of the CONTRACTOR will constitute breach of this Agreement. 9.11 The CONTRACTOR shall promptly correct Work rejected by the CITY or known by tha CONTRACTOR to be defective or failing to conform to the Construction documents, whethe observed before or after Substantial Completion and whether or not fabricated, installed o completed, and shall correct Work under this Agreement found to be defective o nonconforming within a period of one year from the date of Substantial Completion of the Worl or designated portion thereof, or within such longer period provided by any applicable specia warranty in the Contract Documents 9.12 Nothing contained in this Article 9 shall be construed to establish a period of limitatior with respect to other obligations of the CONTRACTOR under this Agreement. Paragraph 9.1, relates only to the specific obligation of the CONTRACTOR to correct the Work and has n( relationship to the time within which the obligation to Comply with the Contract Documen a) be sought to be enforced, nor to the time within which proceedings may be common tc establish the CONTRACTOR's liability with respect to the CONTRACTOR's obligations oth& than Correction of the Work. 9.13 If the CONTRACTOR fails to correct defective Work as required or persistently fails tc carry out the Work in accordance with the Contract Documents, the CITY, by written order ma) 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 tc exercise the right for benefit of the CONTRACTOR or other parsons or entities. 9.14 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 tc commence and continue correction of such default or neglect, the CITY may give a seconc 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 CONTRAG FOR are not sufficient to cover the amount of the deduction, the CONTRACTOR shall pay the difference to the CITY. AEI19LE 1Q MISCELLANEOUS PROVISIONS 0 10.1 This Agreement shall be governed by the law of the State of Florida. 10,2 The table of contents and the headings of articles and paragraphs are for convenience only and shall not modify rights and obligations created by this Agreement. 10.3 In case a provision of this Agreement is held to be invalid, illegal or unenforceable, ' validity, legality and enforceability of the remaining provisions shall not be affected. 10.4 WORK BY CITY OR CITY'S CONTRACTORS: 10.4.1 The CITY reserves the right to perform Work related to, but not part of, 1 Project and to award separate contracts in connection with other Work at the site. 10A.2 The CON I-RACTOR shall afford the CITY's separate CONTRACTO reasonable opportunity for introduction and storage of their materials and equipment execution of their Work. The CONTRACTOR shall incorporate and coordinate CONTRACTOR's Work with Work of the CITY's separate CONTRACTORS as requii by the Contract DocurTaents. 10.4.3 Costs caused by defective or ill-timed Work shall be borne by the pz responsible. 10.5 CLAIMS FOR DAMAGES: Should either party to this Agreement suffer injury or damage to parson or property because an act or emission of the other party, the other party's employees or agents, or another whose acts the other party is legally liable, shall make its claim in writing and submit it to other party within a reasonable time -after such injury or damage is or should have been f observed. 10.6 SUCCESSORS AND ASSIGNS: 10.6.1 This Agreement shall be binding on successors, assigns, and legal representatives of and persons in privity of contract with the CITY or CONTRACTOR. Neither party shall assign or transfer an interest in this Agreement without the written consent of the other. 10.7 EXTENT OF AGREEMENT: This contract represents the entire Kigreernent between the CITY and CONTRACTOR a supersedes any prior negotiations, representations or agreements. This Agreement may amended only by written instrument signed by both CITY and CON T-RACTOR. ARTICJE-.11 TERMINATION OF THE AGREEMENT 11.1 TERMINATION BY THE CITY: CITY retains its Right to terminate this Agreement upon the occurrence of any one or more of the following events: 1] 11.1.1 If CONTRACTOR commences a voluntary case under any chapter of t Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR takes a equivalent or similar action by filing a petition or otherwise under any other federal state law in effect at such time relating to the bankruptcy or insolvency. 11.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankrupt Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking a such equivalent or similar relief against CONTRACTOR under any other federal or stz law in effect at the time relating to bankruptcy or Insolvency. 11.1.3 1f CONTRACTOR makes a general assignment for the benefit of creditors. e. 11.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed and applicable law or under Contract, whose appointment or authority to take charge property of CONTRACTOR is for the purpose of enforcing a Lien against such propej or for the purpose of general administration of such property for the benefit CONTRACTOR'S creditors. 11.15 If CONTRACTOR fails to secure permits, certificates, bonds, submittals within reasonable time as agreed upon following execution of contract. 11.1_6 If CONTRACTOR admits in writing an inability to pay its debts generally as thi become due. 11.1.7 If CONTRACTOR persistently fails to perform the Work in accordance with tf Contract Documents (including but not limited to, failure to supply sufficient skiff Workers or suitable materials or equipment or failure to adhere to the progres , schadu as same may be revised from time to time). 11.1.8 If CONTRACTOR disregards laws or regulations of any public body havir jurisdiction. 11.1.8 If CONTRACTOR otherwise violates in any substantial way any provision of the Contract Documents CITY may, after giving CONTRACTOR and the Surety seven (7) days written notice to the extent permitted by laws and regulations, terminate the services of the CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to full extent they could be i.rsec by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). ineiwrporate in the Work all materials and equipment stored at the site or for which CITY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as CITY may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment for the Work performed by CONTRACTOR until the work is completed. 11.1.10 Termination for Convenience of CITY; is Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause air without prejudice to any other right or remedy, terminate the agreement for CITY convenience whenever CITY determines that such termination is in the best interests CITY. Where the agreement is terminated for the convenience of CITY, the notice i LAI(-11.1,1 T " termination to CON 1 RACTOR must state that the Contract is being terminated for convenience of CITY under the Agreement's termination clause, the effective date of termination and the extent of termination. Upon receipt of the notice of termination convenience, CONTRACTOR shall promptly discontinue all Work at the time and to extent indicated on the notice of termination, terminate the Work of Subcontractors cancel purchase orders to the extent that they relate to the terminated portion of Contract, and retrain from placing further orders and entering into further subcontrac CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue other economic loss of any kind whatsoever arising out of or resulting from st termination. 11.1.11 This Agreement may be terminated by the CITY upon fourteen days' write notice to the CONTRACTOR in the event that the Project is abandoned. If st termination occurs, the CITY shall pay the CON 1 FACTOR for Work completed and proven loss sustained upon materials, equipment, tools and construction equipment a machinery, including reasonable profit and applicable damages. 11.2 Termination by CONTRACTOR: If ENGINEER fails to recommend payment for a period of thirty (30) days through fault of CONTRACTOR or if CITY fails to make payment thereon for a period of thi (30) days, CONTRACTOR may, after seven (7) additional days written notice to Cl' and ENGINEER, terminate the Contract and recover payment for Work executed and proven loss with respect to materials, equipment, tools and construction equipment a machinery. ARTICLE 9,2 OTHER PROVISIONS 12.1 NOTICE AND COMPUTATION OF TIME 13.1.1 Giving Notice: All notices required by any of the Contract Documents shall be in writing and shall deemed delivered upon mailing by certified mail, return receipt requested to following: The business address of CONTRACTOR is: Daniel D. Weekley, President Weekley Asphalt Paving, Inc. 20855 SW 36 Street Weston, Pi. 33332 The business address of CITE' is. City Manager City of Tamarac 7525 NW 88' Avenue • Tamarac, Florida 33321-2401 With a copy to: City Attorney (at same address) 12.2 Computation of Time: When any period of time is referred to in the Contract Documents by days, It will be computes exclude the first and include the last day of suchVeriod. if the last day of any such period fi on a Saturday or Sunday or on a day made a legal holiday by the law of the applica jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four; hours measured from midnight to the next midnight shall constitute a day. 12.3 MISCELLANEOUS: 12.3.1 The duties and obligations imposed by these General Conditions and th rigl and remedies available hereunder to the parties hereto, and, In particular b hi limitation, the warranties, guaranties and obligations imposed upon CONTRACT a all of the rights and remedies, available to CiTY thereunder, are in addition to, and not to be construed in any way as a limitation of, any rights and remedies available any or all parties which are otherwise imposed or available to any or all parties which i otherwise imposed or available by laws or regulations, by special warranty or guarani or by other provisions of the Contract Documents, and the provisions of this Paragra will survive final payment and termination or completion of the Agreement. 12.3.2 CONTRACTOR shall not assign or transfer the Contract or its rights, title interests therein without C17Y"S prior written approval. The obligations undertaken CONTRACTOR pursuant to the Contract shall not be delegated or assigned to a other person or firm unless CITY shall first consent in writing to the assignme Violation of the terms of this Paragraph shall constitute a breach of Contract CONTRACTOR and the CITY may, at its discretion, cancel the Contract and all righ title and interest of CONTRACTOR shall thereupon cease and terminate_ 12.3.3 Independent Contractor: CON"i RACTOR and its employees, volunteers a agents shall be and remain independent CONTRACTORs and not agents or employe of CITY with respect to all of the acts and services performed by and under the terms this Agreement. This Agreement shall not in any way be construed to create partnership, association or any other kind of joint undertaking or venture between t parties hereto. 12.3.4 CITY reserves the right to audit the records of CONTRACTOR relatinle a way to the Work to be performed pursuant to this Agreement at any time during t performance and term of the Contract and for a period of three (3) years after completi and acceptance by CITY. If required by CITY, CONTRACTOR, agrees to submit to audit by an independent certified public accountant selected by CITY. CONTRACT shall allow CITY to inspect, examine and review the records of CONTRACTOR at a and all times during normal business hours during the term of the Contract and for th period mentioned above. 12.3.5 The remedies expressly provided in this Agreement to CITY shall not b deemed to be exclusive but shall be cumulative and in addition to all other remedies i favor of CITY now or hereafter existing at law or in equity. 12.3.6 The validity, construction and effect of this Agreement shalt be governed by th laws of the State of Florida. All claims, counterclaims, disputes, and rather matters i question between Owner and CONTRACTOR arising out of, relating to, or pertaining t this Agreement, or the breach thereof, or the services thereof, or the standard c performance therein required, shall be determined by litigation in the Circuit Court of thi Seventeenth Judicial Circuit in and for Broward County, Florida, or the Federal Distric Court of the Southern District of Florida and appropriate appellate courts for such venu, and jurisdiction. 12.3.7 Should any part, term or provision of this Agreement be held to be invalid, illegc or in conflict with any law of the State by a court of competent jurisdiction, the remainde shall remain in full force and effect. 12.3.E In the event of any litigation which arises out of, pertains to, or relates to thi; Agreement, or the breach thereof, or the standard of performance therein required, th( prevailing party shall be entitled to recover a reasonable attorney's fee from the non prevailing party, subject to the limits of this paragraph. Where the prevailing party is 40 awarded compensatory damages frorn the non -prevailing party, the amount of attorney`: fees shall not exceed the amount of compensatory damages (it being the intent that nc attorney's fees shall be recoverable by a prevailing party in the absence of an award o compensatory damages). If no compensatory damages are awarded, the prevailing Party is entitled to a reasonable attorney's fee for the defense of the non -prevailing party's claim, which shall not exceed the amount of the Agreement as adjusted b� change orders as are approved by the parties. 12.3.9 The CITY, during any fiscal year, shall not expend money, incur any liability, a enter into any contract which, by its terms, involves the expenditure of money in excesE of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and nc money may be paid on such contract. Nothing herein contained shall prevent the matting of contracts for periods exceeding one (1) year, but ;any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. 12.3.10 "Ifie fact that the CITY is a municipal corporation, and has a Building Department which will conduct building inspections for general compliance with the South Florida Building Code and construction drawings, shall not in any way act as an estoppel to, or a waiver of the CITY's right to require construction in accordance with the contract documents or construction in accordance with the South Florida Building Code. If the CITY was not a governmental entity, and instead was a private person, the fact that members of a building department review and approve construction would not 1191 create a defense to either the building department determining that an inspection approval was rn ade in error and required corrective work, or in the owner's ability to require the CONTRACTOR to perform the contract. Since the CITY is building this Fx!I I [T Project in a proprietary capacity, the fact that it inspects buildings in a governmer capacity will in no way compromise its right to insist upon compliance with the Sol Florida E30ding Code or compliance with the contract documents. 12.3.11 The CONTRACTOR represents that no elected official, officer, agent employee of the CITY has a financial interest directly or indirectly in this Contract or I compensation to be paid under it, and further, that no CITY employee who acts in I CITY of Tamarac as a "purchasing agent" as defined by 112.312(20), Florida Statut, nor any elected or appointed officer of the CITY of Tamarac, nor any spouse or child such purchasing agent or employee or elected or appointed officer, Is a partner, offic director, or proprietor of the CONTRACTOR, and further, that no such CITY employ purchasing agent, CITY elected or appointed officer or the spouse or child of any them, alone or in combination, has a material interest In the CONTRACTOR. Mate interest means direct or indirect ownership of more ttian five (5) percent of the tc assets or capital ;Mock of the CONTRACTOR. C7 Is 11 I I I i; I 'I' ft ', • 0 IN WITNESS WHEREOF, the parties hereto have made an executed Agreement on thi respective dates tinder each signature; City of l'arnarac through its City Commission signing b, and through its Mayor and City Manager, authorized to execute same by City Commission thf of 1999 and Daniel D. Weekley T ......_.._. � . o Weekle As halt PQy ir►g. I no. , signing by and through its �� dUi� authorized to execute same, ATTEST. CAROL GOL , CMC/AAE ._ CITY CLERK Cal CITY ATTORNEY WITNESSES: Signature Print/Type Name a Florida Municipal Corporation JC E SCHREIBER A OI f� JEFF Mtttv.EW CITY MANAGER -QQNTBAPTOR VCEKLEY A5F-h6LT P Y1NG-Lyres [Name of CONTRACTOR] Weekl Print Name P i n Title 0,,.-.,. 1)17 —C nib J."XHi 1>1.T",3 • State of Florida County of Broward On this, the (O day of _0 - 19=, before me, the undersigned Notary Public of the State of __.Fj ri�da ,the foregoing instrument was acknowledged by Daniel D. Weekley, (name of Corporate officer), F?rc id�t�t (title), of .,Wge.Lky6. halt PjvDq Inc. (name of corporation), a F�rid corparati (state of corporation), on behalf of the corporation. WITNESS my hand and official seal .ems Notary Public State of��r�� Ak 'r "Sa Patww *My CarmiUM cC.N66d0 N«V Ex*",xry m2" Printed, typed or stamped name of Notary Public Exactly as commissioned nown bb or C-erson roduced identification: (Type of identification produced) Did take an oath, or Oid not take an oath FE'.3-:3-01 04:35Pm FROM- +9549549544 i-253 P.02 F-919 Temp Reso #92I1 Uhibit 2 Page t of 5 Revised; Feb- 23, 2001 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND WEEKLEY ASPHALT PAVING, INC, FOR TAMARAC STREET IMPROVEMENT PROGRAM PHASE III This Amendment to the Agreement between the City of Tamarac (hereinafter "CITY') and Weekley Asphalt Paving, Inc. (hereinafter "WEEKLEY"), is made and entered into this Z G day of F.S 2001. u 1 7 WITNESSETH:'/, r�uac'A�. WHEREAS, the CITY and WEEKLEY entered into an Agreement datod October 1:3, 1999, relating to the Tamarac Street Improvement Program, Phase II -A for tho resurfacing of approximately 30 miles of City streets; and WHEREAS, the CITY is desirous of restoring an additional 33.73 miles of roads as a part of the Seven Year Comprehensive Street Improvement Prog am; and WHEREAS, Special Provisions Article 1 of the Bid Documents, Bid No. 99-27B allow:i additional quantities to be added in contemplation of future phases of the Tamarac Street Improvement Program; and WHEREAS, the CITY and WEEKLEY mutually agree to arTlend the existing Ayreernent to allow for the establishment of Phase III of the Street Improvement Program; and WHEREAS, pursuant to Section 1.6 of the Agreement, the Contract Documents rrmy be amended to provide for additions, deletions and revisions in the Work or to mo dity the term a ,and conditions; and WHEREAS, Section 8.1.1 of the Agreement, provides the "City, without invalidating this Agreement, may carder additions, deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment, Change Carder or Work Dir ;c.tive Change." f'.XII I B-IT FEST23-51 04.3M FRAi4- t9549549544 T-253 P 03 F-919 re,ttp Reso #0271 Exhibit 2 Page 2 Revised: Feb. 23, NOW, THEREFORE, in addition to the obligations set forth in the Agreement of October 13, 1999, between CITY and WEEKLEY, the parties agree, as follows: 1. Section 1 of the Special Provisions contained in Bid No. 99-27B incorporated by reference into the Agreement is artiended to add the following iranguage: The City_of Tamarac._ s e;stahlishin Phase Ink thn �VPr1_-Ye ar G_ 'omprve Street lrrtprcavemer?t Prcacram. Quantities in this Phase,shall consist of! roxirnrateiy_33.:T�3 miles of road as sf7cawn in Attagrirnent '-,ofhereto and in gMQ(atgc herein. Phase 111 shall be Com1leted within 70 ca(:nri r days from the %tiee,to Proceed. 2. Section 4.1 of the Agreement is amended to read as follows: CITY and CONTRACTOR agree that time is of the essence irl fulfilling the obligatic,'t'I"" of this Agreement. The Work to be performed under this Contract for phase III shalt b(-" commenced upon the date of Contract Commencement specified in the Notice to Proceed and, subject to authorized adjustments, shall be complete within ,2449279 calendar d thereafter. Failure to achieve Substantial Completion shall be regarded as a breach of this Contract and CC)NTRAC`f"OR shall be subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with Paragraph 4.7 herein. 3- Section 5.1 of the Agreement Is amended to read as follows: CITY .ball pay CONTRACTOR. in current hands as Roll compensation for the performance of ail the Work subject to additions and deductions by Change Order as provided in this Agreement, the Contract Sum of one Ki►ion Two t lundred Twenty `i hrec; Fhousand One Hundred Seventy Two Dollars and 7911UQ------- --µ-($T,22 3,172.79) for Pha-le IIII�A I"XH f f3TT "3 mow,, FE5-23-01 04:36PM1 FROM}- +9549549544 T-253 P.04 "r-919 Temp Reso 99271 Exhibit 2 Page 3 of 5 Revised; Feb. 23. 2001 and One Million Two Hundred Thirty Nirae Thnr.a� nd Two Hundred Ntriet(�en Dollars and 4.0/ i„�,2_ 9,_219.40 fQr, Phase Ili. 4. Section 17 of the Special Provisions contained in Bid No. 99-27B incorporated by roforenue into the Agreement is amended to read as follows: Price Adjustment: tf_rlef+�n the�riee-e+asf41a4t-r r1chri+.. c" -tile years: the n+ the T ae bid unit price for bituruinouS material will 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. Che adjustment will be made in accordance with the following criteria: The criterion `r listed as I through XIV will remain unchanged, 5. The terms of the original October 13, 1999 Agreement between CITY and WEEKI.EY and all Subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda remain in full force and effect and the parties shall be bound to these original terms and conditions for the work designated as Phase Ill. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or WEFKLLY of any obligations pursuant to tMe Agreement or waive any rights contained therein. Effective date of this Agreement shall be date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereby have made and executed this Addendum to Agreement on the respective dates under each signature, the City of FF13-23-01 MUM FROW I`'X11TBI'i' +9549549544 T-253 P �5 F-919 Ternp Rpso #9271 Exhibit 2 Pago 4 ` 5 Revised.- Feb. 23, Tamarac signing through its Mayor, and WEEK...EY signing by and through its, President, Daniel D. Weekley, duly authorized to execute same. A• f! Ts,, ...r y j CMC CiV3 . ATTEST: J4ST, (Corpora Secretary) 1144T/Al Type/Print.Name off Corporate Secretary - (r�.ee�t�s1=ALg 5 M1�JJ� v1 CITY OF TAMARAC e Schreiber, Mayor Date: Jeffrey L. Miller, City Manager Date: Approved o fo nd itchell S. Kra , Cil Date:? i Obi Sufficiency Attorney WEEKL.EY ASPHALT PAVING, INC. Daniel D. Weekley, pre Type/Print Name of Prey"d 0 i"X11I1,[,I. „"", MAIM FROM- STATE OF FLORIDA ) ) ss.. COUNTY OF BROWARD ) +9549549544 T-253 P.06 F-919 Temp Reso ##9271 Exhibit 2 PagQ 5 of 5 Revised. Feb. 23, 200 BEFORE ME, the undersigned authority, this day personally appeared Daniel D. Weekley, President of Weekley Asphalt Paving, inc,, and acknowledged to rile and before; me that he executed the foregoing contract for the uses and purpose therein expressed with due authority in that behalf. IN WITNFSS WHEREOF, I have hereunto set my hand sand official sea[ at Tamarac, Brnward County, Florida on this day , 4 of 2001. ..,,_,,,Personally known to me Produced identification Commission Number and Expiration Date: Notary Public, State of Florida at Largo a�3;,�� lereeca NatanFs * *My CoMnI1654 ) CC845580 ExP,reS July 16, 2003 FIXIIJ }i fl, frr Reso. No. 9271, Exhibit # 2 Road Resurfacin�c __Pragram-„_Phase 3 AtLachmenC40 SEGMENT STREET FROM STREET TO STREET LENGTI-i WIDTH AREA MILL AREP 2801 BANYAN LN DOGWOOD CR LINDEN CR 1,245 20 2,766 V 2,766 2802 ELMTREE CR BANYAN LN r-AST- END `> ........ 2`� ......2...__ 20 56 .�_... 5ii 2804 HIGHLAND DR NW 48 AV NW 41 AV 228 24 609 () 2805 LINDEN CR BANYAN LNW _ EAST END 255 20 567 567 2806 MONTEREY DR NW 47 TE NW 48 AV 1,054 23 2.692 0 2807 NORFOLK ISI-0 PINE QUEEN PALM LN QUEEN PALM LN,- 1,001 20 2,223 2,223 2808 NW 4:i AV NW 45 ST NW 46 ST 729 20 1,621 0 2809 NW 43 TE NW 45 CT NW 45..7.F._..__ 486 19.6 1,059 0 2810 NW 44 CT NW 46 WY NW 48 AV 1,282 19.6 2,793 0 7.811 NW 44 ST NW 48 AV NW 43 TE 2,880 20 6,399 0 3001 NW 45 AV NW 46 ST NW 45 CT 200 19 423 0 3002 NW 45 CT MONTEREY DR NW 46 WY 757 19 1,597 0 3003 NW 45 CT NW 46 TE NW 43 TE 1,239 19.6 2,698 0 3004 NW 46 ST NW 43 AV MONTEREY DR NW 45 CT 2,223 23 5,680 0 3005 NW 46 TE NW 46 ST 200 19.6 435 () 3006 NW 46 WY NW 44 ST NW 44 CT 177 19 374 0 3007 NW 46 WY NW 45 CT NW 46 ST 203 19 429 0 3008 NW 47 AV NW 44 ST NW 44 CT 182 19 384 0 3009 NW 47 AV � NW 50 ST MONTEREY DR _ 2,917 19.2 6,223 0 3011 NW 47 TE T MONTEREY DR NW 45 CT 606 19 1,278 0 3012 NW 47 IT", ' MONTEREY DR NW 49 CT 1,818 30 6,060 3013 NW 48 AV MONTE_RF-:Y DR NW 44 ST 660 19.2 11428 3014 NW 48 TE NW 49 ILL _._.__._..,...... NW 50 ST 468 19 987 0 3015 NW 48 WY NW 50 CT NW 49 CT 813 19 1,716 0 3016 NW 49 AV NW 55 CT NW 52 ST 1,257 20 2,793 1 0 3017 NW 49 CT NW 47 TE NW 50 CT 1,294 19 2,732 0 3018 NW 49 CT NW 48 WY NW 48 AV 412 19 869 0 3019 NW 49 DR NW 48 WY NW 48 TE 185mm w 20 412 0 3020 NW 49 DR NW 48 WY NW 48 WY 117 20 261 0 3021 NW 49 DR NW 49 CT NW 47 TE 523 19 1,103 0 3022 NW 49 PL NW 47 TE NW 48 AV _ 227 19.4 488 0 3023 NW 49 PL NW 47 TE NW 49 CT 375 19.4 808 0 3024 NW 49 PL NW 48 AV NW 48 WY ................... 437 19.4 942 0 3025 NW 49 RD < NW C.T.. 51 SOU :T_H E-..__ .N[.) � . 1,784 20 3,965 0 3026 NW 49 TE NW 53 C'T' NW 55 S-T 616 20 1,369 0 _ 3027 NW 49 WY NW ,151 ST NW 53 S..T. 818 20 1,1117 0 - 3028 T.. � NW a0 �'AV COMMERC;IAL BV NW 50 ST 2,382 15.8 4,181 _._._ 0 3029 NW 50 CT NW 49 CT NW 48 WY 1,544 19 3,260 0 3030 NW 50 CT NW 50 AV NW 51 AV 406 20 902 0 3031 NW 50 ST NW 47 TE NW 49 CT 674 18 1,349 0 3032 NW 50 ST NW 49 RD ROCK ISLAND RD 896 24 2,390 0 3033 NW 50 WY NW 50 ST NW 49 RD 352 20 782 0 3034 NW 51 AV NW 49 RD NW 51 CT 1,070 20 2,379 0 3035 NW 51 AV NW 55 CT NW 53 ST 707 20 1,570 3036 NW 51 CT NW 50 AV NW 49 RD 564 19.4 1,215 3037 NW 51 CT NW 50 AV NW 51 AV 407 19.4 878 0 3038 NW 51 ST INW NW 51 AV NW 50 AV 407 20 903 0 3039 NW 52 CT 49 AV NW 50 AV 856 21 1,998 0 2/8/01 BXRIB]]' Road Resurfacing �� I?XIIII3CT `3 Reso. No. 9271, Exhibit # 2 Road Resurfaein Pro ram - Phase 3 SEGMENT }'u'TE I, _.._ FROM STREET TO STREET LCNGTH WIDTH AREA MILL_ARE 3040 NW 52 ST NW 50 AV NW 49 AV 737 20 1,638 0 -- 3041 NW 53 CT NW 49 WY NW 49 AV 367 19.5 796 0 3042 NW 53 ST NW 50 AV NW 49 AV 967 22 2,363 0 3043 NW 53 ST _. ROCK ISLAND RD NW 51 AV 256 20 569 0 3044 NW 54 CT ROCK ISLAND RD NW 51 AV 267 ._. _20.___ 594 U 3045 NW 54 ST ...__._.._.., NW 50 AV NW 49 WY 805 20 1,789 0 3046 NW 54 ST ROCK ISLAND RD NW 51 AV 262 20 581 0 3047 NW 55 CT -- NW 50 AV NW 49 AV 1,561 20 3,469 0 3048 NW 55 CT ROCK ISLAND RD NW 51 AV 278 20 619 0 _ 3050 NW 55 ST ROCK ISLAND RD NW 51 AV 273 20 606 0 3051 NW 57 CT NW 64 AV _ NW 67 AV 1,500 22.3 3,718 0 3052 NW 57 ..... CT............ NW 67 AV NW 69 AV 902 22.3 2,236 0 3053 NW 57_U_mm NW 84 TE NW 81 AV 1,345 32.4 4,844 0 3054 NW 57 DR NW 68 AV NW 67 AV 549 20 1,220 0 3055 NW 57 DR NW 87 TE 1'INE ISLAND RD 276 20 614 614 3056 NW 57 LN PINE ISLAND F2D NW 87 TE 270 20 601 601 ;3057 NW 57 PL w NW 84 AV NW 82 AV 737 20 1,638 1,638 mm :305i3 NW 58 CT NW 67 AV NW 69 AV 1,085 2,411 Ca 3060 NW 58 CT NW 81 AV NW 82 AV 34E3 19 119.1 4,6U1 0 3061 NW 58 CT NW 83 AV NW 82 TE 181 20 402 0 _.._ 3062 NW 58 PL NW 83 TE ._ .. NW 81 AV 880 20 1 1,955 3063 NW 58 PL NW 84 TE .._.m._._ NW 84 AV 230 20 512 3064 NW 58 PL NW 84 TE NW 85 AV 215 20 477 0 3065 NW 58 PL NW 87 TE NW 87 WY� 165 20 368 0 3066 1 NW 58 ST NW Fib TE NW 64 TE 1,062 20 2,360 0 3068 NW 58 ST NW 82 AV NW 83 TE 500 24 1,335 0 -- 3069 NW 58 ST NW 84 TE NW 84 AV 241 20 535 0 3070 NW 58 ST PINE ISLAND RD NW 86 TE 660 20 1,466 0 3071 NW 59 CT NW 84 TE NW 81 AV 1,587 15W2 2,681 0 3072 NW 59 CT NW 84 TE NW 87 AV 1,135 15-2 1,917 0 3073 NW'_ 5C3 F'l._ NW 84 TE NW 81 AV 1,543 20 ^ 3,429 � 0 3075 NW 59 PL NW 84 TE NW 87 AV 1,143 20 2,539 _-._._._....._}.__r. -_ .. 3076 NW :i9 NW 84 TE NW 81 AV 1,593 20 3,540 0 3077 NW 59 ST NW 84 TE NW 87 AV 1.135 20 2,523 0 3079 NW 61 ST PINE ISLAND RD NW 84 TE 1,677 22.1 3,872 0 3080 NW 61 ST UNIVERSITY DR NW 84 TP 3,795 22.1 9,319 0 3081 NW 63 CT NW 70 AV EAST END 459 20 1,020 0 3082 NW 63.C.1..._..___ NW 71 AV EAST END 150 20 :334 0 3083 NW 63 ST NW 70 AV EAST END 440 21 1,026T 0 3084 NW 63 ST NW 70 AV NW 74 AV 1,237 21 2,885 0 3085 NW 64 CT BROOKWOOD BV NW -74 AV ^� �^ 497 20 1,104 0 NW 64 ST BRO0KWO0D F3V NW 72 AV 231 20 513 _3086 -..... 3087 NW 64 ST NW 70 AV EAST END 642 20 1,427_.()_,.�_. 3088 NW 64 TE NW 57 CT NW 58 ST 551 20 1,225 0 3089 NW 64 WY NW 57 CT NW 58 ST 549 20 1,220 3090 NW 65 AV NW 57 CT NW 58 ST 547 20 1,216 _ 30911 NW 65 ST BROOKWOOD BV NW 74 AV 384 20 853 0 3092 NW 65 TE INW57CT INW 58 ST 545 20 1,212 0 2/8/01 i-,XII FBTT "'," Reno. No. 9271, Exhibit # 2 Road Resurfacing Program - Phase 3 SEGMENT STREET FROM STREET TO STREET LENGTH WIDTH AREA MILL -ARE 3093 NW 65 WYx NW 57 CT NW 58ST543 20 1,207 0 3094 NW 66 AV NW 57 CT NW 58 ST 543 20 1.206 0 3095 NW 66 ST NW 71 AV NW 72 AV 482 20 1,072 0 3096 NW 66 ,T.E NW 57 CT NW 58 ST 540 20 1 1,199 0 3097 NW 66 TE NW 78 ST NW 80 CT 1,429 22 3,493 0 3098 NW 66 TE NW 81 ST NW 84 ST 1,579 22 3,861 0 30991 NW 67 AV NW 57 CT NW 58 CT 535 24 _ 1,425 0�___ 3100 - 3101 NW 67 AV NW 76 ST NW 75 ST 582 20 1,294 U NW 67 AV NW 78 ST NW 80 CT 1,414 22 3,456 0 3102 NW 67 AV NW 81 ST NW 84 ST 1,565 22 3,825 () T 3103 NW 67 ST BROOKWOOD BV EAST END 824 19-8 1,812 0 3104 NW 68 AV NW 58 ST. NW 57 CT 548 20 1,219 0 ------ ....._- _ .3105 NW 68 AV _.__.._._.. NW 58 ST ....... NW 58 CT 190 20 421 0 3106 NW 68 AV NW 76 ST fT NW 75 ST 578 20 1,284 0 3107 NW 68 AV 78 STfW W N'W 80 CT 1,384 22 3,383 0 3108 --NW NW 68 AV NW 81 ST NW 84 ST 1,444 22 3,529 0 3109 NW 68 S'1' BROOKWOOD BV NW 71 AV 716 20 1,591 0 - 3110 NW 68 ST BROOKWOOD BV NW 74 AV 306 20 681 0 3111 NW 68 TE: NW 57 CT NW 58 ST 570 20 _1,267 0 3112 NW 68 TE NW 78 ST NW 80 CT 1,368 22 3,345 0 3113 NW 68 'TE NW 81 ST NW 84 ST 1,444 22 3,529 0 3114 NW 69 AV NW 58 ST NW 57 CT 582 20 1,292 0 3115 NW 69 AV NW 58 ST NW 71 S r NW 58 CT 188 20 418 0 31 NW 73 ST 528 20 1,173 0 3117 NW 69 AV NW 80 ST NW 79 ST 267 22 654 0 3118 1 NW 69 TE NW 78 CT NW 78 ST 641 22 1,567 0 31191 NW 69 TE NW 78 CT NW 80 ST 571 22 1,395 0 3120 NW 70 AV MCNAB RD I-N-TRANCf= . 613 31 2,112 0 3121 NW 70 CT NW 68 AV NW 67 AV 625 20 1,389 0 3122 NW 70 Cl- NW 98TE NW 97 AV 604 22 1,477 0 :3123 NW 70 ESL NW 89 AV NW 94 AV 1,631 21.9 3,969 0 3124 NW 70 PL NW 94 AV NW 95 TE: 779 21.9 1,895 0 312-5 NW 70 ST NW 91 TE NW 91 AV 222 `i44 0 - ,3126 NW 70 S �.�. ............ ..... .........._._..... N. W 93 AV NW 92 TE 249 �22 _22 608 --- () ......._ 3127 NW 70 ST NW 94 AV NW 94 TE 310 22 757 0 3128 NW 70 ST NW 95 TE NW 95 AV 263 22 643 0 3129 NW 70 ST NW 98 TE NW-0 AV 588 22 1,437 0 3130 NW 70 ST NW 99 AV NW 99 WY 266 22 651 0 3131 NW -70TE, NW 76 ST NW 74 PL 604 20 1,343 0 3132 NW 70..FE NW 78 ST NW 71 AV 562 20 1,248 0 3133 NW 71 AV NW 68.ciT NW 66 ST 436 20 969 0 3134 NW 71 AV NW 70 AV NW 63 ST 647 20 1,437 0 3135 NW 71 AV NW 76 ST NW 74 PL 577 20 1,281 v 0 3136 NW 71 AV NW 79 ST NW 78 ST 660 19A 1,423 0 3137 NW 71 AV NW 79 ST NW 80 CT 750 19.4 1,617 0 3138 NW 71 AV SOUTHGATE BV NW 81 ST 2,103 22 5,141 0 _....._.._3139 NW 71 CT NW G8 AV NW 66 TE 702 20 1,561 0 _._.0 _._ 3140 NW 71 ST NW 98 TE NW 97 AV 565 22 1,381 3 2/8/01 Reso. No. 9271, Exhibit # 2 Resu R-91-ad rfacing Pro ram - Phase 3 -- ---- -- 0 SEGMENT' j-- STREET FROMSTREETTO STREET LENGTH WIDTH AREA MILLARE 31411 NW 71 ST NW 99 WY NW 99 AV 320 22 781 0 31421 -NW 63 ST NORTH END 371 24 990 0 3143 NW 72 AV NW 64 NW 67 ST 800 20 1,778 0 3144 NW 72 AV NW 76 ST NW 74 PL 566 20 1,257 0 3145 NW 72 AV NW 76 ST NW 76 CT 197 20 438 0 3146 NW 72 AV NW 78 ST --KW-86 ST 1.188 20 2,640 6 --- 3147 NW 72 AV NW 80 PL NW 83 ST 22 3,730 0 31,18 NW 72 CT NW 72 MN NW 94 WY 645 22 1,576 0 3149 NW 72 MN NW 72 ST NW 72 CT 247 22 603 0 3150 NW 72 MN NW 72 ST SOUTH END 161 22 394 0 3151 NW 72 ST NW 08 AV NW 66 TE 638 20 1,417 3152 NW 72 ST WESTWOOD DR NW 94 WY 897 22 2,192 31531NW72 TE NW 74 PL, NW 75 CT 336 20 747 0 3154 1 NW 73 AV NW 63 ST NORTH END 367 24 978 0 31551NW 73 AV NW 78 ST NW 80 ST 1,173 20 2,607 0 3156INW 73 AV NW 80 PL NW 84 ST 1,774 21.6 4,258 0 3157 NW73CT NW 96 AV NW 94 WY 684 22 1,672 0 3158 NW 73 ST WESTWOOD DR NW 94 WY 951 21.0 2,282 0 13159 NW 73 TE -�-� W77 ST NW 76 DR 445 20 989 0 3160 NW 73 TE NW 77 ST NW 80 S '441 20 3,261 0 3161 NW 73 TE NW 81 ST NW84ST 1,639 21.5 3,916 3162 NW 74 AV NW 63 ST NW (38 ST 2,061 20 4,581 3163 NW'74 AV NW 77 ST NW 76 DR 454 20.5 1,034 0 3164 NW 74 AV NW 77 ST NW 80 ST 1,411 20,5 3,214 0 3165INW 74 AV NW 81 ST NW 84 ST 1,639 21,5 3,916 0 31661 NW 74 CT WESTWOOD DR NW 94 WY 711 22 1 1738 0 -- r-'3-166'JNW 74 PI.- NW 74 CT NW94AV 528 1.6 1 1,268 0 3170 NW 7-4-ST NW 74 S 'T NORTH END 69 22 169 1 0 3171 NW 74 ST NW 94 WY--......_. "iTW 94 AV 534 22 1,306 0 3173 -NW 74"Yff NW 77 ST NW 78 CT 573 19 1,210 3174 NW 74 TE NW 79 ST NW 84 ST 2,946 20-6 6,743 0 3175 lNW 75 AV NW 77 ST NW 79 ST 865 21,8 2-096 0 3176 NW 75 AV NW 79 ST NW 84 ST 2,967 21,8 7,188 0 3177 -"N� 3 178 NW 75 CT 75 DR NW 69 AV NW68AV 429 20 952 NW 69 AV NW 440 20 78 3180 NW 75 ST NW 72 AV NW 71 AV 326 20 725 0 3182,NW 76 DR NW I- AV- NW 73 TE 233 22 570 0 3183 NW 77 ST UNIVERSITY DR NW 73 TE 1,173 19 2,476 0 3184 NW 77 WY NW 61 ST NORTH END 274 221 674 0 3185 NW 78 CT NW 74 TE NW 75 AV 254 20 564 0 3186 NW 78 ST NW 67 AV NW 68 TE NW 66 TE NW 68 AV 249 256 22 22 608 625 0 0 31911 ST 3192 78 ST NW 70 AV NW 69 TE 203 21.6 487 0 -.-,i -NW NW 78 ST NW 71 AV NW 70 TE 309 20 1 mW 687 3194 NW 78 ST NW 73 AV NW 72 AV 248 19 524 3195 NW 79 ST NW 70 AV NW 75 AV 1,721 20 3,625 3196 1 NW 80 AV T NW 69 TE NW 69 AV 200 22 488 0 3197INW 80 CT --+N 67-��;�-------INW 66 TE 2-48 1 22 606 0 4 2/8/01 L X I I I I,) I. `I- Reso. No. 9271, Exhibit # 2 Road Resurfacinq Proqram - Phase 3 ,SEGMENT SEGMENT M STREET - -� FROM �" TO ST"RF E'T LEN63 .. 1-H ' WIDTH I AREA MILL AREA 3198 NW 80 CT NW 68 TE NW 68 AV 241 22 589 0 3199 NW 80 CT NW 71 AV NW 70 AV 338 19.6 737 0 3200 NW 80 CT — _-_._._......,.....W NW 75 AV ..,........ NW 14 TE 244 20 543 0 3201 NW 80 PL NW 73 AV NW 72 AV 263 22 643 0 3202 NW 80 ST NW 69 TE NW 69 AV 199 21,6 478 0 3203 NW CO ST _. NW 73 AV NW 72 AV 256 19 541 3204 NW 80 ST NW 74 AV NW 73 TE 248 19 524 mm 0 3205 NW 81 AV NW 57 ST NW 58 PL _ 1,092 20 2.427 0 3206 NW 81 AV NW 59 ST NW 59 PL 339 20 75.4. 0 V 3207 NW 81 CT NW 70 AV NW 68 TE 537 24 1,432 Q 3208 NW 81 CT NW 71 AV EAST END 146 24 388 0 3209 NW 81 PL NW 70 AV NW 68 TE 616 22 1,507 0 3210 NW 81 PL NW 71 AV EAST END 87 21 204 0 3211 NW 81 ST NW 67 AV NW 66 TE -` 256 22 625 0 3212 NW 81 ST NW 68 'TE NW 68 AV 256 _.._...-._... 22 625 0 3213 NW 81 ST NW 71 AV EAST F .... .NC) 272 21 634 0 0 3214 NW 81 ST NW 74 AV NW 73 T'.... 256 _21 - 596 32.15 NW 81 TE NW 57 CT NW 58 CT 734 " 6 1.631 0 :.3216 NW 82 AV NW 57 CT NW 58 PL 929 20 2,064 0 321 7 NW 82 ST NW 70 AV NW 66 TE 1,014 22 2,477 0 3218 NW 82 TE NW 58 ST NW 58 PL 427 20 949 0 321�,3 NW 83 AV NW 57 CT NW 57 PL 192 20 427 0 3220 NW 83 AV _m_.. NW 58 CT NW 58 PL. 229 20 508 0 3221 NW 83 AV NW 59 ST NW 59 PI.. 358 20 796 0 3222 NW 83 ST NW 72 AV NW 71 AV 343 _ 21 799 0 3223 NW 83 TE NW 58 ST NW 58 PL 364 24 C)71 _ 0 w 3224 NW 84 AV NW 57 PL NW 58 PL 692 20 1.539 1.539 3225 NW 84 ST NW 67 AV NW 66 TE 271 22 (363 0 3226 NW 84 ST NW 68 TE NW 68 AV 248 22 607 0 _._._.. 3227 NW 84 ST NW 71 AV NW 73 AV 601 22 1,470 0 3228 NW 84 ST NW 74 AV NW 73 TE 256 22 625 0 3230 NW 84 ST NW 75 AV NW 74 TE 248 22 607 0 3231 NW 85 AV NW 57 CT NW 58 PL 929 20 2,065 0 3232 NW 85 TE NW 59 ST NW 59 PL, 418 20 928 0 32,33 NW 87 AV __.,.." NW 67 ST NW 58 ST 815 20 1,811 0 - 3234 NW 87 AV NW 59 ST NW 59 PL 361 20 802 0 _ 3235 NW 87 TE NW 57 LN NW 57 DR 221 20 491 491 3236 NW 87 TE NW 58 ST NW 58 PL 274 20 610 0 3237 NW 87 WY NW 58 ST NW 58 PL 276 20 614 0 3_238 NW 90 TE NW 70 PL NORTH END 117 22 286 0 3239 NW 91 AV NW 70 PL NW 70 ST 377 22 923 0 3240 NW Wa1 TLX ------_..N .,.,.._�.......---_....__.'__... W 70 F'L �.__._ NORTH END 270 22 660 0 3241 NW 91 TE NW 70 PL NW 70 5T 288 22 703 0 3242 NW 92 AV MCNAB RD NW 70 PL 504 22 1,231 C) T 3243 NW 92 TE NW 70 PL NW 70 ST 334 21 779 () 3244 NW 93 AV NW 70 PL NW 70 ST 377 21-6 905 Ort 3245 NW 93 TE NW 94 AV NW 94 AV 603 24 1,609 0 _. 3246 NW 94 AV MCNAB RD NW 70 PL 6q4 21.6 1,665 0 ;� 2/8/01 • Road Resurfacing,� 1-1 (;--P od by Lee C. ROMthem Foam the Ononal r'. Y*A 9nwdule deve{oped m 1996, d remsed uslnq prfnnnetlon on roeda that have tllren resurfaced, qet end record Inforrom0an on ownership, and prOmWbvns for the Completion of the project, Updated on februery 6. 2001, I X}i .1. 13I'I, ",3 T, Reso. No. 9271, Exhibit # 2 roject -Phase 3 Legend Road Resurfacing Schedule Not In ContracUPrIvate Resurfaced .V,Phsw 3 Phase 4 Phase 5 latracts _ t z 4 1.1 Temp- Re 49x lap7. '.1 . /AiA. wee - .. kley asphp . paip g, ona. . . .... +F S()Lt7Y1. F'LQRtC]A,-FL.dFi1L5A ,33082-0010 .. City. of Tamarac ' 6011 Nob Hill Road _. Tama7rac, -Fl. 3332-1-2401 Att: Mark A. -Greenspan Assistant Director of Public Works . February 1, '20al' City of Tamarac R ad Resurfacing Program Phase 3 _. _ Following are. approximate _quantities. and costs for attached Phase 3 - _ _.. APPROX. tfNrr HEM AF.SCTtiYTTQN _ QUANTrrY - U - PRT-$20bTtJ'I"AL I Leveling -Course Asphalt Type S3 5200_.. 'r2tt P YP _ 2„ . 2Qg30.. I TN' $3.64 $82;io1:2� 2 Surface Course As ha1t'T • o e S3 1 or 3 track Sealing _ . o LF'. $2.00 $0.00 12;5 _ q. Mili� obion per Mx7litig S EA S2,500 _ _ .'..a0 S MMing r Asphalt - 16S05 - _SY $1.30 $21,43W.50 6 TackCoat 16837 GA _ SO-.1.2 .- $2,020.44 7 Prone Corot D GA $0.12 '. .$0.00 f SY $0. 8 Clean Sand o S 1 C) 03 $$0.009 Driveway Adjust by cut and match ; D EA :Ott le Sanitary SewerE+►djust 1" Riser � EA $140:oa $64,400.0C EA- $16.50 - $ r ,600: 11 Sanitary SewerAdjtist by Milling, _97, to 12 Water Valve Adjust . -• 81 - - - $25_00 - $2,025 0( 1.3 Edging of Grass _ ^ . �_.. 4794IF _ $D:u I $4T �, . PH . ... $4S.00 Saac 1.4 Surveying- D 1 S Striping 4" Douhle Yellow Solid 0 LF $O�bO 16 Striping 6" Double, Yeuow Solid,'.42311 LF $6.86$36,387.4( _ 17 Striping 12" We VAite Solid 84S I LF . $1.37 $11,577:8 18 Striping:& Wide.YdUow Solid 4033 LF. _ $U.43- _ $1,734-1g D FA $74.00 19 Symbol Pavement Mar - . 20 Messages 0 EA. $74.00 2 � 4 t Wide Temporary Paint _ . : . 0 . .. --LF : $0- z s 22-Reffecttve pavement Marker 95S EA $3:80 ' $3164o4 23 -Striping 18" Yellow 24 .Bituminous Adjustment I - LS $50,DU0.C1C) XQ9 TOTAL . :..... $1,239,.4 .Above'estimate is based on quantities given and are considered approximate. - Payment according to, actual field measurements. • ICI EXIIIBIT"i, 1'emp. Reno., 19271.-Exhibit "I" Temp. Reso. #8755 -- September 10, 199 Page Revision #2, October 7, 199 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99-277 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CERTAIN STREETS FOR RESURFACING AS PART OF PHASE II -A OF 1"HE SEVEN YEAR COMPREHENSIVE STREET IMPROVEMENT PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO F: XE_'CUTE AN AGREEMENT WITH WEE_KI,I.wY ASPHAI T PAVING INC. FOR RESURFACING STREETS UNDER PHASE it -A IN AN AMOUNT NOT TO EXCEED $1,223,172.79; 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 approve( the Seve:m Year Comprehensive Street Improvement Program through Resolution No. R97 247: and WHEREAS, the City Commission dirocted the City staff to review and expedite th( Street Improvement Program, if possible; and WHEREAS, to cxpedite the Street Improvement Program, the Public Works staf separated all the streets spread over seven years that did not require stormwater, utilities median or other improvements prior to resurfacing; and WHEREAS, those streets are; identified in "Exhibit 1-A" in the tabulation form anc "Exhibit 1--13" on the City of Tamarac map as Phase II -A; and WHEREAS, the City of Tamarac publicly advertised Bid #99-27B for resurfacing streets under Phase II -A in the Sun -Sentinel on July 21" and August 1", 1999; and WHEREAS, on August 25, 1999, tlie following four (4) bids were opened and reviewed to determine cost and responsiveness to the City's specifications.- J-,, X 11 1 1i j_ T'1 4 r! Bidder Weekley Asphalt Paving, Inc Pan American Construction, LP Pavex Corporation General Asphalt Corporation ; and ` ernp. Reso. #8755 -- Soptember n 19 Revision #7, October 19 _............ Cost $ 1,223,172.79 1,388,294.53 1,491,687,10 1,685,23005 WHEREAS, Weekley Asphalt Waving Inc. submitted the lowest rosponsive proposal at $1,223,172.79; and WHEREAS, available funds exist in the Road Resurfacing Program budget for s, purpose; and WHEREAS, it is the recommendation of the Public Worms *It( Purchasing/Contracts Manager and Acting City Engineer that the City award ti resurfacing contract, identified as Phase II A, to Weekley Asphalt Paving Inc; and WHEREAS, the City Commission of the City of Tamarac, Florida deerris it to be the best interest of the citizens and residents of the City of Tamarac to award the Pha II -A resurfacing contract to Weekley Asphalt Paving Inc in an amount not to exce $1,223,172,79. NOW, THC BEFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T� CITY OF TAMARAC, FLORIDA THAT: 5E T1O _1; The foregoing WHEREAS clauses are HEREBY ratified a confirmed as being true and correct and are hereby made a specific part of this Resoluti upon adoption hereof. 0 SECTION 2: The list of streets to be resurfaced, identified In Exhibits 1 and 1-B, is HEREBY APPROVED. EX 11 T B-FT"4" F] 0 I 1 Ll Temp, Reso. #8755 September 10, 199 Page Revision #2, October 7, 199 SECTION 3: -1 he: appropriate City Officials are HEREBY AUTHORIZED t execute an agreement with Weekley Asphalt Paving Inc for resurfacing streets undf Phase, II -A, a copy of said agreement being hereto attached as "Exhibit 2". SECTION 4; The City Manager or his designee is HEREBY AUTHORIZE[ to approve change ordefs in the amount not to exceed $12.2,317.3, which represent 10 of the contract amount. ECT(QN The City Manager or his designee is HEREBY AUTHORIZE[ to close the bid award including but not limited to making final payment and rele�:3sin bonds when the work has been satisfactorily completed within the terms and conditions c the contract. SFw-Q1TLQN tom-. All Resolutions or parts of Resolutions in conflict herewith ar HEREBY REPEALED to the extent of such conflict. ;;f_QTIC7N 7: If any provision of this resolution or the applicatlon thereof t ,any person or circumstance is held invalid, such invalidity shall not affect other provision or applications of this Resolution that can be given effect without the invalid provision c ,application, and to this end the provisions of this Resolution area declared to be severabl( �ECTIQN_8: This Resolution shall become effective immediately upon it passage and adoption. i,XII_A.BIT" 4 t Temp. Reso. #8755 — September i i9C e Revision #2, October , 1 � PASSED, ADOPTED AND APPROVED this 13th day of October 1999. ti.. JOE SCHREIBFR MAYOR ATTEST: CAROL GOLD, CMC/AAE CITY CLERK RECORD OF COMMISSIONYPTE I�E BY CERTIFY that I MAYOR SCHREIBER d this DIS`�" I: �C'OMM. PORT .1TlON to farm DIST 2: y M MiSHKIN dlSfi 3: COMM. SIri.TANI'� DlS'�' 4: MM. R Ci AEI_ m K AFT Y ATTO Fl 10 lie 0 r--1 L-A 0 EXHTB I "/," Agreement Between CITY and CONTRACTOR AGREEMENT CITY OF TAMARAC and WEEKLEY ASPHALT PAVING, INC_ for TAMARAC STREET IMPROVEMENT PROGRAM, PHASE II -A This is an Agreement between: The CITY OF TAMARAC, a municipal corporation with princip offices located at 7525 NW 88`' Avenue, Tamarac, Florida, hereinafter referred to as "CITY" AND Weekley Asphalt Paving, Inc., with principal offices located at 208.55 SW 36 Street, Weston, F 33332 its successors and assigns, hereinafter referred to as "CONTRACTOR". WITN SSETH, in consideration of the mutual terms and conditions, promises, covenants an payments set forth below, and other good and valuable consideration, the adequacy and recoil of which are acknowledged, CITY and CONTRACTOR agree as follows: L' X I 11 t�, T J, 6 9, NRTICLE II GENERAL PROVISIONS 1.1 BASIC DEFINITIONS • Wherever used in this Agreement or in the other Contract Documents the following terms 11.3, the meanings indicated which are applicable to both the singular and plural thereof: 1.1.1 Agreement - The written agreemea between CITY and CONTRACTOR coverir the Work to be performed including other Contract Documents that are attached to tt Agreement and made a part thereof. 11.2 Change Order - A document that is signed by CONTRACTOR and CITY and authorizes an addition, deletign or revision in the Work within the general scope of tl- Agreement, or an adjustment in the Contract Price or the Contract Time, issued on after the Effective Date of the Agreement. 1,1,3 City - The CITY OF TAMARAC, FLORIDA. 1.1.4 Contract Documents -,The Contract Documents consist of the Drawings, Biddir Requirements, Non -Collusion Affidavit, Public Entity Crimes Form, Agreement, Notice Award, Notice to Proceed, Certificate(s) of Insurance, Bonds, Addenda 1&2, and 29 additional documents which are required to be submitted under the Contract, and , amendments, modifications and supplements, Change Orders and Work directi, changes issued on or, after the effective date of the Contract_ 1,1.5 Defective - An adjective which when modifying the Work refers to Work that unsatisfactory, faulty or deficient, or does not conform to the Contract nocuments, does not meet the requirements of any inspection, reference standard, test or approa referred to in the Contract Documents, or has been damaged prior to final payment. 1.1.6 Drawings - The drawings which show the character and scope of the Work to I performed and which are referred to in the Contract Documents, 1.1.7 Effective Date of the Agreement - The date indicated in the Agreement c which it becomes effective, but if no such date is indicated it means the date on whir the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.1.8 Engineer - M a n a City of TampLac__ Notice iv n b CITY to CONTRACTOR fixity tl 1.1.9to Proceed - A written nonce given y 9 date on which the Contract Time will commence to run and on which CONTRACT shall start to perform CONTRACTOR'S obligations under the Contract Documents. EXIITBI°t" 4„ 1.1.10 Project is the total construction for which the CONTRACTOR is responsibl under this agreement, including all labor, materials, equipment and transportation use or incorporated in such construction. 1.1.11 Specifications - Those portions of the Contract documents consisting of writte technical descriptions of materials, equipment, construction systems, standards an Workmanship as applied to the Work and curtain administrative details applicabi thereto. 1.1,12 Subcontractor - An individual, firm or corporation having a direct Contract wit CONTRACTOR or with any other Subcontractor for the performance of a part of th Work at the site. 1.1.13 Supplier - A manufacturer, fabricator, Supplier, distributor, materialman c. vendor. 1.1.14 Work - Work is the result of performing services, specifically, including but nc limited to construction, furnishing labor, soil borings, equipment and materials used c incorporated in the ccnstruction of the entire Project as required by the Contra( Documents. The words "Project" and "Work" are used interchangeably. 1.1,15 Work Change Directive - A written directive to CONTRACTOR issued on c after the effective date of the Agreement and signed by CITY and recommended b ENGINEER ordering an addition, deletion or revision in the Work. A Work Chang, Directive shall not change the Contract price or time, but is evidence that the partie expect that the change directed or documented by a Work. Change Directive will b+ incorporated in a subsequently issued Change Order following negotiations by th, parties as to its effect, if any, on the Contract Price or Contract Time. 1.1.10 Written Amendment - A written amendment of the Contract Documents signed by CITY and CONTRACTOR on or after the Effective Date of the Agreement an( normally dealing with the non- Engince,rLira 1, or non -technical aspects rather than strictl'. Work related aspects of the Contract Documents. 1.1.17 Substantial Completion - "Substantial Completion" means the issuance of a final (i.e., not partial or temporary) Certificate of Occupancy, and the term "Final Completion" means the CITY's acceptance of the job. a' 1 XI1t13IT"4 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 This Agreement shell be signed in duplicate by the CITY and CONTRACTOR. 1.2.2 It is the intent of the CITY and CONTRACTOR that the Contract Docume include all items necessary for proper execution and completion of the Work. Contract Documents are Complementary, and what Is required by any one shall be binding as if required by all. Work not covered in the Contract Documents will not required unless it is consistent with and is reasonably inferable from the Contr Documents as being necessary to produce the intended results. Words abbreviations which have wall -known technical or trade meanings are used in Contract Documents in accordance with such recognized meanings. :- 1.3 Enumeration of Contract Documents; 1.3.1 The Contract Docurnents which comprise the entire agreement between CITY and CONTRACTOR are attached to this Agreement, made a part hereof and consist c the following: (1) This Agreement (Part 11, pages 1 to 38, inclusive) and Bidding Requirements (Part I, pages 1 to 72) including but not limited to the following: (2) Plans and Specification Attachments. (3) Executed Performance & Payment Bonds, consisting of 2 pages and submittec upon Agreement award. (4) Insurance certificate naming the; City as additionally insured, consisting of 1 pa and submitted upon Agreement award. (5) Notice of Award and Notice to Proceed. (6) All applicable previsions of :Mate, Federal or local law. (7) Any modification, including all Change Orders, duly delivered after execution this Agreement. (8) Addenda 1 & 2. 1.3.2 If any portion of the Contract Documents appears to be in conflict with any otl portion, the various documents comprising the Contract Documents shall govern in 1 following order of precedence: (1) Addenda 1 & 2; (2) The Special Provisions; (:3) The Technical Specifications; (4) The Instructions to Bidders and General Terms and Conditions; (5) The Agreement-, • 11 As between schedules and information given on Drawings, the schedules shall govern as between figures given on Drawings and the scale measurements, the figures shal govern; as between large-scale drawings and small-scale drawings, the larger scale shall govern. 1.4 Intent: It is the intent of the Contract Documents to describe a functionally complete Project it 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 intender result will be supplied whether or not specifically called for. When words which have a wel known technical or trade meaning are used to describe Work, materials or equipment suct words shall be interpreted in accordance with that meaning. Reference to standarc spec ifirations, 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 implication, shall mean the latest standard specification, manual, code or laws or regulations it effect at the time cf contract award, except as may be otherwise specifically stated. However no provision of any referenced standard specification, manual or code (whether or no? 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 cmpinyees from those set forth in the Contract Documents. 1.5 Conflict„ Error or Discrepancy: If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and shall not proceed with Work unless approved by the Engineer in writing. The City shall not be responsible for Contractor's failure to comply with this requirement. 1.6 Amending and Supplementing Contract Documents: The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in cane or more of the following ways" 1.6.1 A Change Order; 1.6.2 A formal written amendment; or 1.6.3 Work Change Directive. 1.7 Supplements, Minor Variations or Deviations: In addition, the requirements of the Contract Documents niay be supplemented and minor variations and deviations in the Work may be authorized in one or rrrore of the following ways: 1.7.1 ENGINEER'S approval of a shop drawing or sarnple; or FIX111BI,i, 114 F 1.7.2 ENGINEER'S written interpretation or clarification. 1.8 Representation of CONTRACTOR: CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, the locality, and with all local conditions and federal, state, and local laws, ordinanc rules and regulations that in any manner may affect cost, progress, or performance of the Wc. CONTRACTOR has made or caused to be made examinations, investigations, tests w studies, as It deems necessary for the perfortn ance of the Work at the Contract price. within Contract time, and in accordance with other terms and conditions of the Contract Documer and no additional examinations, investigations, tests, reports, or slrnllar data are or will required by CONTRACTOR for such purposes. 1.9 Before Commencing Operations: Before undertaking each part of the Work, CONTRACTOR shall carefully study and comp; the Contract Documents and check and verify pertinent figures shown thereon. CONTRACT( shall promptly report in writing to ENGINEER and CITY any conflict, error or discrepancy wh CONTRACTOR may discover and shall obtain a written interpretation or clarification frc ENGINEER before proeec clinq with anv Work affected thereby, 1.10 OWNERSHIP AND USE OF DOCUMENTS 0 1.10A All documents including drawings and specifications prepared or furnished CONTRACTOR (and CONTRACTOR's independent associates and consultan pursuant to this Agreement shall become owned by and be the property of the CITY a the CITY shall thereby obtain ownership by any statutory common law and ott reserved rights thereto, Including copyright; however, such documents are not intend or represented to be suitable for reuse by CITY on extensions of the Project or on Ma other project. Any :such reuse, modification or adaptation of such documents with( written verification or adoption by CONTRACTOR for the specific purpose intended � be at CITY's sole risk and without liability or legal E>xpcasrare to CONTRACTOR or CONTRACTOR's independent associates or consultants. If required by CITY, any sra verification or adaptation will entitle CONTRACTOR to further compensation at rates be agreed upon by CITY and CONTRACTOR. Nothing contained In this Agreemt constitutes an assignment of any copyrights or other ownership rights, which t CONTRACTOR maintains. 1.10.2 Submission or distribution of documents to meet official regulatory requiremer or for other purposes In connection with the Project is not to be construed as publicati in derogation of the CONTRACTOR's common law copyrights or other reserved rights, T"'XIIIN,:I'r „,," ARTI 2 CONTRACTOR 2.1 SERVICES AND RESPONSIBILITIES 2.1.1 The CONTRACTOR shall assist the CITY and ENGINEER in filing documer required to obtain necessary approvals of governmental authorities Having jurisdicti over the Project. 2.1.2 Unless otherwise provided in the Contract Documents, the CONTRACTOR sha provide or cause to be provided and shall pay for labor, materials, equipment, too construction equipment Barad Machinery, water, heat, utilities, transportation and otr facilities and services necessary for proper execution and completion of the Wo. whether temporary or permanent and whether or not incorporated or to be incorporat in the Work. 2.1.3 The CONTRACTOR shall submit a work schedule and be responsible for adhering to schedule during work on the: project. 2.1 A The CONTRACTOR shall be responsible for conforming to the work hours delineated in the City of Tamarac Code, 2.1.4 The CONTRACTOR shall be responsible for and shall coordinate all construc6 means, methods, techniques, sequences and procedures. 2.1.5 The CONTRACTOR shall keep the CITY and ENGINEER informed of Ill progress and quality of the Work. 2.1.6 If requested in writing by the CONTRACTOR, the CITY, with reasonatn promptness and in accordance with time limits agreed upon, shall interpret t; requirements of the Contract Documents and shall decide (,subject to other provisions this Agreement governing claims, disputes and other matters in question) mattE relating to performance. Such interpretations and decisions shall be in writing_ 2.1.7 The CONTRACTOR shall correct all Work, which does not conform to tl Contract Documents, 2.1.8 The CON1 RACTC7R warrants to the CITY that materials and equipme incorporated in the Work will be new unless otherwise specified, and that the Work v be of good quality, free from faults and defects, and in conformance with the Contrz Documents. Work not conforming to these requirements shall be corrected accordance with Article 9. 2.1.9 The CONTRACTOR shall pay all applicable sales, consumer, use and similar taxes, and shall secure and pay ,for building and other permits and governmental feE licenses and inspections necessary fear the proper execution and completion of the Woi The CONTRACTOR shall identify all governmental authorities and agencies havii jurisdiction to approve the construction, and obtain all permits and approvals with su, governmental authorities as have jurisdiction, and assist CITY in consultations w't EX it!. B.iT 1 1 ,4 rr • appropriate governmental authorities and agencies in obtaining all required permit approvals. Without limiting the foregoing, CONTRACTOR shall pay :all fees, costs, and expen connection with the applications, processing, and securing of approvals or perrrits all governmental authorities which have jurisdiction over all aspects of this work c CITY permits and fees which shall be waived except for so much of said fees r CITY is required to rurnit to other governmental agencies. 2.1.10 The CONTRACTOR shall give notices and comply with laws, ordinances, regulations and lawful orders of public authorities relating to the Project. 2.1.11 The CON TRACTOR shall indemnify and hold harmless the CITY of Taman elected and appointed officials and employees from any and all claims, suits, ac damages, liabilities, and expenses (including ::attorneys' fees) in connection with k life, bodily or personal injury, or property damage, including loss of use thereof, di or indirectly caused by, resulting from, arising our of or occurring in connection wi operations of the CONTRACTOR or its Subcontractors, agents, officers, employE independent CONTRACTORS, excepting only such loss of life, bodily or personal i or property damage solely ,attributable to the gross negligence or willful miscond the City of Tamarac or its elected or appointed officials and employees. 0 2.1.12 The CONTRACTOR shall be responsible to the CiTY for acts and omissic the CONTRACTOR's employees and parties in privity of contract wits' CONTRACTOR to perform any portion of the Work, Including their agents employees, 2.1.13 The CONTRACTOR shall keep the premises free from accumulation of , materials or rubbish caused by the CONTRACTOR's operations. At the completi the Work, the CONTRACTOR shall remove from and about the Projec CONTRACTOR's tools, construction equipment, machinery, surplus materials, , materials and rubbish. Such obligations include the CONTRACTOR's responsibi provide for off -site disposal at no extra cost to the CITY. 2.1.14 The CONTRACTOR shall prepare Change Orders for the ENGiNEER'� CITY'S approval and execution in accordance with this Agreement. Any Work, wh commenced without a Change Order or Work Directive being approved, shall con, a waiver of any claim of compensation for such Work. All Work Directives mu approved by City Manager or designee identified as such in writing. 2.1.15 The CONTRACTOR shall maintain in good order at the site one record cc the drawings, specifications, product data, samples, shop drawings, Change Order other Modifications, marked currently to record changes made during constru These shall be delivered to the CiTY upon completion of the construction and pz final payment. 2.2 BASIC SERVICES The Project consists of resurfacing City of Tamarac Streets as shown on Contract Docume T,'.xIII F'al'r ' 1-1 All Work to be guaranteed for a minimurn of one (1) year from the date of final acceptance I the CITY. 2.3 Shop Drawings and Samples: 2.3.1 Within fourteen (14) calendar days after issuance of the Notice to Procee CONTRACTOR shall submit to ENGINEER for review and approval five (5) copies of; Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wirin fabricated structures and manufactured articles. The purpose of the Shop Drawing is show the suitability, efficiency, technique: -of- rrranufacture, installation requirement details of the item and evidence of compliance with the Contract Documents. The da shown on the Shop Drawings will be complete with respect to quantities, dimension specified performance and design criteria, materials and similar data to enab ENGINEER to review the information as required, 2.3.2 CONTRACTOR shall also submit to ENGINEER for review and approval wi, such promptness as to cause no delay in Work, all samples required by the Contra Documents and each sample shall be identified clearly as to material, Supplier, pertine� data such as catalog numbers and the use for which intended. 2.3.3 Before submission of each Shop Drawing or sample, CONTRACTOR shall hav determined and verified all quantities, dimensions, specified performance criteria installation requirements, materials, catalog numbers and similar data with respe+ thereto and reviewed or coordinated each Shop Drawing or sample with other She Drawings and samples and with the requirements of the Work and the Contra( Documents, 2.3.4 At the time of each submission, CONTRACTOR shall give ENGINEER specie written notice of each variation that the Shop Drawings or samples may have from th requirements of the Contract Documents, and, in addition, shall cause a specific notatio to be made on each Shop Drawing submitted to ENGINEER for review and approval c each such variation. Failure to point out such departures shall not reliev CONTRACTOR from his responsibility to comply with the Contract Documents. 2.3.5 Approval of the Shop Drawings by ENGINEER shall be general and shall nc relieve CONTRACTOR of responsibility for the accuracy of such drawings nor for th proper fittings and construction of the Work, nor for the furnishing of material or Wor required by the Agreement and not indicated on the drawings. No Work called for b any Shop Drawing shall be done until the drawings have been approved by ENGINEER The costs incurred for the CITY Engineer's review of shop drawings, substitutes. "c equal" items, or change orders, shall be paid by the CONTRACTOR. 2.4 Supervision and Superintendence: CONTRACTOR shall supervise and direct the Work c:ornpetently and efficiently, devoting suci attention thereto and applying CONTRACTOR'S best skill, attention and expertise 011 CONTRACTOR shall be solely responsible for and have control over the means, methods techniques, sequences and procedures of construction. CONTRACTOR shall be responsible tc see that the finished Work complies accurately with the Contract Documents. k.1 ki d. B T't' 'r i¢ r, • 2.5 Resident Superintendent: CONTRACTOR shall keep on the Work at all times during its progress, a competent re superintendent and any necessary assistants who shall riot be replaced without written no CITY unless the superintendent proves to be unsatisfactory to CONTRACTOR and cea: be in his employ. The superintendent will be CON i RACTOR'S representative at the sit shall have authority to act on behalf of CONTRACTOR. All communications given I superintendent shall be as binding as if given to CONTRACTOR. 2.6 Labor: 2.6.1 Construction services shall be performed by qualified constr CONTRACTORs licensed to do businessin the State of Florida and Suppliers, se and paid by the CONTRACTOR, 7.6.2 CONTRACTOR shall provide Barad pay for competent, suitably qualified per: to perform the Work as required by the Contract Documents. CONTRACTOR sh, permit employment of unfit persons or persons, not skilled in tasks assigned to CONTRACTOR shall at all times maintain good discipline and order at the site. i in connection with the safety or protection of persons or the Work or property at tt or adjacent thereto, and except as otherwise indicated in the Contract Do } er Work at the site shall be performed between the hours of 8:00 a.m. and 6:gp,rr CONTRACTOR will not permit overtime Work or the performance of Work -on Sat Sunday or any legal holiday without CITY'S written consent. 2.7 Materials: 2.7.1 Unless otherwise specified herein, CONTRACTOR shall fumish, pay fc assume full responsibility for all materials, equipment, transportation, machinery, appliances, water, heat, utilities and all other facilities and services necessary f furnishing, performance, testing, start-up and proper completion of the Work. 2.7.2 CONTRACTOR warrants that all materials and equipment shall be of good and new, unless otherwise provided in the Contract [Documents and that the Work free from defects whether patent or latent in nature. All materials and equipmen be applied, installed, connected, erected, used, cleaned and conditioned in actor with the instructions of the applicable Supplier except as otherwise provided Contract Documents. 2.8 Concerning Subcontractors, Suppliers and Others: 2.8.1 The CONi RACTOR shall furnish, in writing on the form included, the nar persons or entities (including these who are to furnish materials or equipment fate to a special design) proposed for each principal portion of the Work, CONTRA shall not change a Subcontractor, person or entity previously selected if W reasonable objection to such change. 2.8.2 CONTRACTOR shall he fully responsible to CITY for all acts and ornissi the CONTRACTOR'S employees, Subcontractors, Suppliers and other persons t or indirectly employed by his Subcontractors, Suppliers and of persons for who`W any of them may be liable and any other persons and organizations perforrr E X H I. I,1,1, " 4,0 101 • • furnishing of the Work under a direct or indirect Contract with CONTRACTOR. Nothinc in the Contract Documents shall create any Contractual relationship between CITY anc 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. 2.8.3 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor, whist specifically binds the Subcontractor to the applicable terms and conditions of the Contract DOCUMents for the benefit of CITY. 2.9 Patent Pees and Royalties: d. CONTRACTOR shall pay all license fees and royalties and assume all costs incident tc the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. 2.10 Laws and Regulations: CONTRACTOR shall comply with and dive all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. CITY shall not be - responsible for monitoring CONTRACTOR'S compliance with any laws and regulations, CONTRACTOR shall promptly notify CiTY and ENGINEER if the Contract [7ocurnents are observed by CONTRACTOR to be at variance therewith. 2.11 Risk of Loss; Title: The risk of loss, injury or destruction shall be on CONTRACTOR until acceptance of the Work by CITY. 'Title to the Work shall pass to CITY upon acceptance of the Work by CITY. 2.12 Taxes: CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws and regulations of the State of Florida and its political subdivisions. CONTRACTOR is responsible for reviewing the pertinent state statutes involving such taxes and complying with all requirements. 2.13 Use of Premises: 2.13.1 CONTRACTOR shall confine equipment, the storage of materials and equipment and the operations of Workers to the Project site and areas identified in and permitted by the Contract Documents and shall not unreasonably encumber the Premises with equipment or other materials. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the, performance of the Work, Should any claim be made against CITY by any such CITY or occupant because of the performance of the Work. CON -TRACTOR shall promptly attempt to C? X I I I r, [ -1' S, z • settle with such other party by agreement or otherwise resolve the claim. The gear indemnification provided elsewhere in this Contract specifically applies to claims ariE out of CONTRACTOR' S use of the premises. 2.13.2 In addition to the CONTRACTOR's obligations under paragraph 2.1.13 abc CONTRACTOR shall leave the site clean and ready for occupancy by Cl CONTRACTOR shall restore to original condition all property not designated alteration by the Contract Documents. 2.13.3 CONTRACTOR shall not load nor permit any part of any structure to be loader any manner that will endanger the structure, nor shall CONTRACTOR subject any I of the Work or adjacent property to stresses or pressures that will endanger it. 2.14 Access to Work: CONTRACTOR shall provide CITY, CHY'S consultants, representatives and person{ independent testing laboratories and governmental agencies with jurisdictional interests v access to the Work at reasorrrable times for their observation, inspection and test! CONTRACTOR shall provide them proper and safe conditions for such access and advise th of CON TRACTOR'S site safety procedures and programs so that they may cornfaly therewith. 2.15 Safety and Protection: is 2.15.1 CONTRACTOR shell be responsible for initiating, maintaining and supervis ,all safety precautions and programs in connection with the Work to prevent damn Injury or loss to all employees on the Work site and cattier persons and organizatir who may be affected thereby and in connection with all the Work and materials < equipment to be incorporated therein, whether in storage on or off the site and cat property at the site or adjacent thereto. 2.15.2 CONTRACTOR shall comply with all applicable laws and regulations of public body having jurisdiction for the safety of persons or property or to protect th from damage, injury or loss. 2.16 Indemnification; To the fullest extent permitted by laws and regulations, CONTRACTOR shall inderrar defend, save and told harmless the CITY, its officers, agents, elected and appoin officials, and employees, from or on account of all claims, damages, losses, liabili' and expenses, direct, indirect or consequential including but not limited to fees R charges of Engineers, attorneys, consultants and other professionals and court cc arising out of or alleged to have arisen out of or in consequence of the Work o Agreement. The parties agree that 2% of the contract price paid by the CITY, recelp which is hereby acknowledged by CONTRACTOR, shall serve as special consideral for this indemnification provision. The parties also agree that the contract price all increase as a result of this Special consideration. Such indemnification shall SWIG include but not be limited to claims, damages, losses, liabilities and expenses ansing of or frorn: (a) the negligent or defective execution of the design of the Project and Work of Agreement; EXliiBIT "z M any act, omission or default of the CITY, and CONTRACTOR or its Subcontractc agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death: (d) injury to or destruction of tangible property, including the loss of use resulti therefrom; (e) other such damages, liabilities, or losses received or sustained by any person persons during or on account of any operations connected with the construction of t Project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the Work in the tirTIO specified in this Agreement, (i) the violation of any federal, state, county or CI-iY laws, by-laws, ordinances regulations by CONTRACTOR, its Subcontractors, agents, servants, independ( contractors or employees; 0) the breach or alleged breach by CONTRACTOR of any term of the Contract,-includi the breach or alleged breach of any warranty or ,guarantee. 2,16.1 CONTRACTOR shall pay all claims', losses, liens, settlements or judgments any nature whatsoever in connection with the foregoing indemnifications including, t not limited to, reasonable attorneys fees and costs. 2.16.2 CITY reserves the right to select its own legal counsel to conduct any defen (including all appeals) in any such proceeding and call costs and fees associat therewith including any costs or fees of an appeal shall be the responsibility CONTRACTOR under the foregoing indemnification provisions. Nothing contain herein is intended nor shall it be construed to waive CITY'S rights and immunities unc the common law or Florida Statute 768.28 as amended from time to time, Tl obligation shall not be construed to negate, abridge, or otherwise reduce any other ric or obligation of indemnity which would otherwise exist as to any party described in tl Agreement. 2.17 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or giv in accordance with this Agreement, as well as all continuing obligations indicated in the Contr< Documents, shall survive final payment, completion and acceptance of the Work a termination or completion of the Agreement. 2.18 Correction and Removal of Defective Work: If required by CITY ..and ENGINFER, CONTRACTOR shall promptly, as directed, either com all defective Work, whether or not fabricated, installed or completed, or, if the Work has be C7___ 4 0 _Ir ]a I', X 1.1 .1.1.3 F T " 411 rejected by ENGINEER and CITY. remove it from the site and replace it with non-defec Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correc or removal (including but not limited to fees and charges of ENGINEER'S, attorneys and 01 professionals) made necessary thereby. j L14KM Cal,&I 3.1 The CITY shall designate a representative authorized to act on the CITY's behalf % respect to the Project. The CITY or such authorized representative shall examine documr submitted by the CONTRACTOR and shall promptly render decisions pertaining thereto to a� delay in the orderly progress of the Work. .. 3-2 The CITY may appoint an on -site Project representative to observe the Work anc have such other responsibilities as the CITY and CONTRACTOR agree in writing prior execution of this Agreement. 3.3 The CITY shall cooperate with the CONTRACTOR in securing building and of permits, licenses and inspections. 3.4 If the CITY observes or otherwise becomes aware of a fault or defect in the r14 nonconformity with the Contract Documents, the CITY shall give prompt written notice t ec the CONTRACTOR. 3.5 The CITY shall furnish required information and services and shall promptly ren decisions pertaining thereto to avoid delay in the orderly progress of the design construction. 3.6 The CITY shall communicate with sub-CONTRACTORs only through CONTRACTOR. 3.7 CITY shall furnish data required of CITY under the Contract Documents promptly. 3.8 Except for permits and fees which are the responsibility of CONTRACTOR, CITY si secure and pay for necessary approvals, easements, assessments and charges required construction, use or occupancy of permanent structures or permanent changes in exist facilities. 3.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled Workers suitable materials or equipment, or fails to fumish or perform the Work in such a way that completed Work will conform to the Contract Documents. CITY may order CONTRACTOF stop the Work, or any portion thereof, until the cause for such order has been eliminat however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITI e,xercise this right for the benefit of CONTRACTOR or any other party. 3.10 ENGINEER'S Responsibilities, 3.10.1 ENGINEER will be CITY'S representative during the construction period r until final payment is due. F,,XIITB.I.I, "/" 0 3.10.2 Visits to Site: ENGINEER will make visits to the site at intervals appropriate to the various stages t construction to observe the progress and quality of the executed Work and to determinf in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER'S efforts will be directed toward providing for CITY a greater degree c confidence that the completed Work will conform to the Contract Documents. On th basis of such visits and on-5ite inspections, ENGINEER shall keep CITY informed of th progress of the Work and shall endeavor to guard CITY against defects and deficienc;ie In the Work. 3.10.3 Technical Clarifications and InterpretatiWIS, d. ENGINEER will issue, with reasonable promptness, such written clarifications c Interpretations of the technical requirements of the Contract Docurnent5 as ENGINEEI may determine necessary, which shall be consistent with or reasonably inferable frog the overall intent of the Contract Docurents. Should CONTRACTOR fail to requet interpretation of items CONTRAMOR determines to be questionable in the Contrac Documents neither CITY nor ENGINEER will thereafter entertain any excuse for failun to execute the Work in a satisfactory manner based upon such a reason or claim. 3.10.4 ENGINEER will interpret and decide matters concerning performance under thl requirements of the Contract Documents upon written request of either CITY o CONTRACTOR. ENGINEER will make initial decisions on all claims, disputes or othe matters in question between CITY and CONTRACTOR. Written notice of each sucf claim, dispute or other matter will be delivered by claimant to ENGINEER and the othe party but in no event later than three (3) days After the occurrence of the event givinc rise thereto and written supporting data will be submitted to the ENGINEER and oche party within five (5) calendar days after such occurrence. All written decisions of the ENGINEER on any claim, dispute or other matter will be final and binding upon CM and CONTRACTOR unless a written notice of intention to appeal from ENGINEER'S written decision is delivered within five (5) days after the date of such decisions and r formal proceedin( is instituted by the appealing party in a forum of competent jurisdictior within thirty (30) days of the date of such decision. The rendering of a decision b) ENGINEER with respect to any such claim, dispute, or matter (except any which have been waived by the making or acceptance of final payment) is a condition precedent tc any exercise by CITY or CONTRACTOR of such rights or remedies existing under the Contract Documents or by law. 3.10.5 Authorized Variations in Work: ENGINEER may authorize minor variations in the Work from the technical requirement< of the Contract Documents, which do not involve an adjustment in the Contract Brice of 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 or CONTRACTOR who shall perform the Work involved promptly. 3.10.6 Rejecting Defective Work: E K I I IT?, I V' � �' C] ENGINEER will have the authority to disapprove or reject Work which ENC believes to be defective, and will also have authority to require special inspec,ti testing of the Work whether or not the Work is fabricated, installed or completed, ARTICLE 4 TIME 4.1 CITY and CONTRACTOR agree that time is of the essence in fulfilling the oblige this Agreement. The Work to be performed under this Contract shall be commenced u, date of Contract Commencement :specified in the Notice to Proceed and, subject to autt adjustments, shall be complete within 240 calendar days thereafter. Failure to a Substantial Completion shall be regarded as a breach of this Contract and CONTRACTO be subject to appropriate remedies including but not limited to liability for liquidated dams accordance with Paragraph 4.7 herein. 4.2 The CONTRACTOR shall provide services as expeditiously as is consister reasonable skill and care and the ordurly progress of design and construction. 4.:3 mime limits stated in the Contract Documents shall be strictly adhered to, The Wor' performed under this Agreement shall commence as directed in the Notice to Pr otherwise agreed in writing. 4.4 The Date of Substantial Completion of the Work will be the date of the City' acceptance of the job as identified in section 1.1.17, above. 4.5 CONTRACTOR shall not be entitled to an increase in the Contract Price or payme compensation of any kind from CITY for direct, Indirect, consequential, impact or other expenses or damages including but not limited to costs of acceleration or inefficie r extended overhead arising because of delay, disruption„ interference or hindrance free cause whatsoever, whether such delay, disruption, interference be: reasonable or unreasr foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, th` provision shall not preclude recovery of damages by CONTRACTOR for hindrances or due solely to fraud, bad faith or active malicious interference on the part of CITY or its a Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as V and exclusive remedy for excusable events of delay. The following shall constitute "Exc Events of Delay": (a) An Tact, delay or order of the CITY obstructing or delaying the CONTRACT( the commencement, prosecution or completion of a Project activity other tl act, delay or order issued by the CITY reasonably in good faith In its rol Government regulator or :actions reasonably taken by the CITY in good f; the enforcement of its ordinances, laws, executive orders or rules of G applicability. Nothing under this subsection 4, shall be deemed an Exc Event of Delay to the extent that performance would have been p� delayed or interrupted by any other cause, including but not limited tMFe I negligence of the CONTRACTOR or for which an adjustment or extension Project Schedule is rnadeA or provided for, or excluded under any other t condition of this Contract, F.'Xii I ITT "4" (b) Acts of God, wars, fires (other than those resulting from the negligence or wills misconduct of the CON FRACTOR or attributable to the CONTRACTOR), flood epidemics, quarantine restrictions and freight embargoes. (c) -Strikes which are unfore,5ecable or beyond the control of the CONTRACT OR pre -vent and which are not the result of any or negligence of the CONTRACTOI but only if the CONTRACTOR takes reasonable action to perfor notwithstanding the strike_ Failure to perform because of additional cost shall n be deemed compliance. (d) Weather conditions exceeding normal weather conditions prevailing in the arc as defined by the average of the list ten (10) years of weather data as records by the United States Department of Commerce, National Oceanic ar Atmospheric Administration at the Fort Lauderdale weather station. (e) The CITY acting reasonably, will determine the number of days, if any, that tt- CONTRAC-1 OR has been delayed. Any disputes over the number of days, if an, that tine CONTRACTOR has been delayed shall be resolved in accordance wii the Dispute Resolution provisions, in addition, the CONTRACTOR shall continu performance of the Contract Documents. 4.6 NO RECOVERY FOR EARLY COMPLETION, if the CONTRACTOR submits a schedule or expresses an intention to complete the Work enrlier than any required milestone c completion date, thy; CiTY shall not be liable to the CONTRACT OR for any costs incurred, lo., profits, extended overhead, expenses or other damages of any kind because of delay c hindrance regardiess of whether such delay or hindrance was caused by the CITY, it employees or agents should the CONTRACTOR be unable to complete the Work before suc milestone or completion date. The duties, obligations and warranties of the CITY to th CONTRACTOR shall be consistent with and applicable only to the completion of the Work an completion dates set forth in this Agreement. 4.7 LIQUIDATED DAMAGES: Upon failure of the CONTRACTOR to complete the War within the time specified for completion (plus approved extensions if any), CONTRACTOR sha pay to CITY the sure of five hundred and xx/100 dollars ($500.00) for each calendar day that th, completion of the Work is delayed beyond the time specified in the Contract for completion, a fixed and agreed liquidated damages and not as a penalty. Liquidated damages are hereb fixed and agreed upon between the parties, recognizing the impossibility of precisel; ascertaining the amount of damages that will be sustained by CITY as a consequence of sucl delay and Moth parties desiring to obviate any question of dispute concerning the amount of salt damages and the cost and effect of the failure of CONTRACTOR to complete the Contract or time. Regardless of whether or not a single Contract is involved, the above -stated liquidate( damages shall apply separately to each portion of the Work for which a time of completion is given. CITY shall have the right to deduct from and retain nut of money$ which may be ther due or which may become due and payable to CONTRACTOR, the amount of such liquidate( damages and if the arnount retained by CITY is insufficient to pay in full such liquidate( damages, the CONTRACTOR shall pay in full such liquidated damages. CONTRACTOR shal be responsible for reimbursing CiTY, in addition to liquidated damages and any other per da\, daniages for delay, for all costs incurred by ENGINEER, .and inspection and other cost: incurred in administering the construction of the Project beyond the completion date specified c beyond an approved extension of time granted to CONTRACTOR whichever is later. F X H I 1 1'1' "!, ARTICLE 5 PAYMENTS 5.1 CONTRACT SUM: CITY shalt pay CONTRACTOR in current funds as full compensation for the performance c the Work subject to additions and deductions by Change Order as provided in this Agreem the Contract sum of One Million Two Hundred Twenty Three Thousand One Hunc Seventy Two Dollars and 791100.......,..___($1,223,172.79). 5.2 PROGRESS PAYMENTS: 5.2.1 The CONTRACTOR shall deliver to the CITY itemized Applications for Payn for Payment. CONTRACTOR may requisition payments for Work completed during Project at intervals of not more than once a month- Pie CONTRACTOR'S requisl shall show a complete breakdown of the Project components, the quantities complc and the amount due, together with a certification by the CONTRACTOR that CONTRACTOR has disbursed to all Subcontractors and Suppliers their pro-rata sht of the payment out of previous progress payments received by the CONTRA F- all Work completed and materials furnished in the previous period and thalWop executed releases of liens by all Subcontractors, Suppliers and materialrneri provided and Included In the ,C©NTRACTOR'S previous applications for payment, any other supporting documentation as may be required by the ENGINEER or Cant Documents. Each requisition shall be submitted In triplicate to the ENGINEER approval. The CITY shall make payment to the CONTRACTOR within thirty calendar days after approval by the ENGINEER of the CONTRACTOR'S requisitior payment. 5.2.2 Within thirty (30) days of the CITY's receipt of a properly submitted and cor Application for Payment, the CITY shall snake payment to the CON FRACTOR. 5.2.3 Ten percent (10%) of all monies earned by the CONTRACTOR shall be retai by the CITY until the Work is totally completed as specified, and accepted by the C! The parties hereto agree that 255,052, Florida Statutes, does not apply to Agreement, or to any underlying agreements and obligations to which this Agreen pertains. 5.3 The Application for Payment shall constitute a representation by the CONTRACTOI the CITY that, to the best of the CONTRACTOR's knowledge, information and belief, the de: and construction have progressed to the point indicated, the quality of the Work covered by application is in acGord,ance with the Contract Documents and the CONTRACTOR is entitle payment in the amount requested. 5.4 The CONTRACTOR shall pay each Subcontractor, upon receipt of payment''IRSm CITY, out of the amount paid to the CONTRACTOR on account of such Subcontractor's W the amount to which said Subcontractor is entitled in accordance with the terms of C.ONTRAC,TOR's contract with such Subcontractor. The CONTRACTOR shall, by appropr agreement with each Subcontractor, require each Subcontractor to make payments to Subcontractors in sirnilar manner. FXIITBTT "4" 0 I10 5.5 The CITY shall have no obligation to pray or to be responsible in any way for payment a Subcontractor of the CONTRACTOR except as may otherwise be required by law. 5.6 No progress payment or partial or entire use or occupancy of the Project by the Cl" shall constitute an acceptance of Work not in accordance with the Contract Documents. 5.7 The CONTRACTOR warrants that: (1) title to Work, materials and equipment covered I an Application for Payment will pass to the CITY either by incorporation in Construction or ups receipt of payrTIOnt by the CONTRACTOR, whichever occurs, first; (2) Work, materials ai equipment covered by previous Applications for Payment are free and clear of liens, clairT security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work, matedz or equipment covered by an Application for 'Payment will have been acquired by t CONTRACTOR, or tiny other person performing Work at the site or fumishing materials equipment for the Project, subject to an agreement under which an Interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR sur h other person. 5.8 The CONl RACIOR may apply for the return of the retainage held pursuant to Section 5.2.3, if the CONTRACTOR has satisfied the requirements of the. Contract relating to retainag The CITY shall pay the CONTRACTOR the ar,inunt retained for the Work, less the reasonable value of incorrect or incomplete Work, liquidated darnages or both. Final payment of such withheld sum shall be made upon correction or completion of r>rich 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 fallowing: 15.8.1 Repair and/or replacement of faulty or defective Work. 5.8.2 As -built drawings are; submitted to and accepted by the CITY. 5.8.3 All Code requirements, inspections, testing and certificates of approval are: conformed with, submifted and accepted by the CITY. 5.8.4 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 rna, be designated by the CITY. 5.8.5 Release of Lien. 5.8.6 Completion of Punch List, 5.8.7 Warranties are submitted to and accepted by CITY. loll Ex 111 1> I T "/., " M • 5.9 FlnalInspection: Upon written notice from CONTRACTOR that the Work is or an agreed portion thereof complete, CITY and ENGINEER will make a final inspection and will notify CONTRACTOR writing of all particulars in which this inspection reveals that the Work is incomplete or defectk CONTRACTOR shall immediately take such measures as are necessary to remedy su deficiencies. 5.10 Final Application for Payment: After CONTRACTOR has completed all such corrections to the satisfaction of CITY a ENGINEER and delivered all maintenance and operating Instructions, schedules, guarantee bonds, certificates of inspection, marked up record documents and other documents required the Contract Documents, and after ENGINEER has indicated that the Work is acceptab CONTRACTOR may make application for final payment. The final application for payment sty be accompanied by (1) complete and legally effective releases or waivers of all liens arising c of or filed In connection with the Work and a final affidavit; or (2) CONTRACTOR'S receipts full covering all labor, rnaterir3ls and equipment for which a lien could be filed; or (3) a fir affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked CONTRACTOR tinder this Contract have been paid in full or if the fact he otherwise, identifyi the name of each lienor who has not been paid in full and the amount due or to beco e d each for labor, services or materials furnished and the reason(s) why the same remain a If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACT in furnish a bond satisfactory to CITY to indemnify CITY against any such lien. In addition, CONTRACTOR shall also submit with the final application for payment, the completed set of "As -Built" drawings for review and approval. The "As -Built" drawings shall bE prepared, sealed and certified by a professional registered land surveyor licensed by the StatE of Florida. I~inal payn-ient to CONTRACTOR shall not be made until said drawings have been reviewed and approved by ENGINEER. Prior to approval. if necessary, the drawings may be returned to CONTRACTOR for changes or modifications if in the opinion of ENGINEER they d not represent correct or accurate "As -built" drawings_ 5,11 Final Payment and Acceptance: 5.11.1 If, on the basis of ENGINEER'S observation of the Work during construction a final inspection, and ENGINEER'S review of the final Application for Payment a accompanying documentation, ENGINEER is satisfied that the Work has be completed and CONTRACTOR'S other obligations under the Contract Documents ha been fulfilled, ENGINEER will, within ten (1 n) days after receipt of the final Applicati for Payment, indicate in writing ENGINEER'S recommendation of payment and press the Application to CITY for payment. Thereupon ENGINEER will give written notice CITY and CONTRACTOR that the Work is acceptable. Otherwise, ENGINEER i return the Application to CONTRACTOR, indicating in writing the reasons for refusing recommend final payment, in which case CONTRACTOR shall make then ssz corrections and resubmit the Application, Thirty (3Q) days after presentation tow the Application and accompanying documentation, in appropriate form and substanc and with ENGINEER'S recommendation and notice of acceptability, the amot recommended by ENGINEER will become due and will be paid by CITY CONTRACTOR. EXHIBIT "4" 5.11.2 If, through no fault of CONTRACTOR, final completion of the Work is significant delayed and if ENGiNF-ER so confirms, CITY shall, upon receipt of CONTRACTOR' final Application for Payment and recommendation of ENGINEER, and withoi terminating the Agreement, make payment of the balance due for that portion of th Work fully completed and accepted. If the remaining bairance? to be held by CiTY fc Work not fully completed or corrected is less than the retainage stipulated in tt, Agreement, and if bonds have been furnished as required, the written consent of th surety to the payment of the balance due for that portion of the Work fully completed an accepted shall be submitted by CONTRACTOR to ENGINEER with the Application fc such payment. Such payment shall be made under the terms and conditions governin final payment, except that it shall riot constitute a waiver of claims. 5.11.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shy be paid by the CITY to the CONTRACTOR whran the Work has been completed, th Contract fully performed, and a final certificate for payment has been issued by th FNGiNFFR, The making of final payment shall constitute a waiver of claims by CIT except those arising from: (1) Liens, claims, security interests or encumbrances arising out of this Agreemer and unsettled. (2) Faulty or defective Work and latent defects discovered after acceptance. (3) Failure of the Work to comply with the requirements of the contract documents. (4) Terries of special warranties required by the contract documents. (5) Any of CONTRACTOR'S continuing obligations under this Agreement. The acceptance of finial payment by CONTRACTOR shall constitute a waiver of claim by that payee except those previously made in writing and identified as unsettled at th time of final application for payment_ 5,12 CITY'S Right to Withhold Payment: The CITY may withhold in whole or in part, final payment or any progress payment to sua extent as may be necessary to protect itself from loss on account of: 5.12.1 Defective Work not remedied. 5.12.2 Claim:, filed or reasonable evidence indicating the probable filing of claims b rather parties against the CONTRACTOR. 5.12.3 Failure of the CONTRACTOR to make payments to Subcontractors or Supplier for materials or labor. 5,12.4 Damage to another CONTRACTOR not remedied. 5.12.5 Livability for liquidated darnagcas has been incurred by the CONTRACTOR. .L BIT � F 4 i 4 • 5.12.6 Reasonable evidence that the Work cannot be completed for the unpaid bai� of the contract sum_ 5.12.7 Reasonable evidences that the Work will not be completed within the Con' time- 5.12.8 Failure to carry out the Work in accordance with the Contract Documents. When the above grounds are removed or resolved or the CONTRACTOR provides a sL bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amr withheld, payment may be made in whale or in part. PROTECTION OF PERSONS AND PROPERTY 6.1 The CONTRACTOR shall be responsible for initiating, maintaining and provi, supervision for compliance with Occupational Safety and Health Act (OSHA) standards satety precautions and programs in connection with the Work. 6.2 The CON TRACTOR shall take reasonable precautions for safety of, and SOW reasonable protection to prevent damage, injury or loss to (1) employees can the Work and o persons who may be effected thereby; (2) the Work and materials and equipment tc incorporated therein; and (3) other property at or adjacent to the site. 6.3 the CONTRACTOR shall give notices and comply with applicable laws, ordinan, rules, regulations and orders of public authorities bearing on the safety of persons and prole and their protection from damage, injury or loss. 6.4 The CONTRACTOR shall be liable for damage or loss (other than damage or Ics property insured under the property insurance provided or required by the Contract Docurn+ to be provided by the CITY) to property at the site caused in whole or in part by CONTRACTOR, a CONTRACTOR of the CONTRACTOR or anyone directly or indirt employed by either of there, or by anyone for whose acts they may be liable. 6.5 [AURRICANE PRECAUTIONS: During smch periods of times that are designated by United States Weather Bureau as a hurricane warning or alert; all construction material; equipment will be secured against displacement by wind forces; provided that where a complement of personnel is employed or nthearwise in attendance, or engaged for s purposes, formal construction procedures or use of materials or equipment may Conti allowing such reasonable time as may be necessary to secure such materials or, equipn before winds of hurricane force are anticipated. Construction materials and equipment wil secured by guying and shoring, or removing or tying down loose materials, equipment construction sheds. INSURANCE AND BONDS 7.1 CONTRACTOR'S LIABILITY INSURANCE: 7.1.1 The CONTRACTOR shall purchase from and maintain with a company companies authorized to do business in the Mate of Florida, such insurance as protect the CONTRACTOR from claims set forth below which may arise out of or re. from operations under the Contract by the CONTRACTOR or by a CONTRACTOR the CONTRACTOR, or by anyone directly or indirectly employed by any of thern, or anyone for whose acts they may be liable:", .1 claims under Workers' Compensation, disability benefit and other Simi employee benefit laws, which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, death of the CONTRACTOR's employees under any applicable employer's liabi law; .3 claims for damages because of bodily injury, sickness or disease, or death persons other than the CONTRACTOR's employees; .4 claims for damages covered by usual personal injury liability coverage which r sustained (1) by a person as a result of an offense directly or indirectly related employment of such person by the CONTRACTOR or (2) by another person; .5 claims for damages, other than to the Work at the site, because of injury to destruction of tangible property, including loss of use; and .6 claims for damages for bodily injury or death of a person or property dama arising out of CITYship, maintenance or use of a motor vehicle. 7.1.2 The insurance required by the above Subparagraph 7.1.1 shall be written for r less than limits of liability specified in the Contract Documents or required by la whichever are greater. 7.1.3 The CONTRACTOR's liability insurance shall include contractual liabil insurance applicable to the CONTRACTOR's obligations. 7.1.4 Certificates of Insurance and copies of policies, acceptable to the CITY shall I delivered to the CITY at the time of execution of contract. These Certificates as well insurance policies required by this Paragraph shall contain a provision that coverages v not be canceled or allowed to expire until at least sixty days prior written notice has be, given to the CITY. 0 kXII.I.B3 T "4" • If any of the foregoing insurance coverages are required to remain in force after payment, an additional certificate evidencing continuation of such coverage sha submitted along with the application for final payment- 7-2 PUBLIC CONSTRUCTION BOND (PERFORMANCE BOND): 7.2.1 Within fifteen (15) ralondar days after Notice of Award and in any event prior commencing work, the CONTRACTOR shall provider a Public Construction Bond in substantial form specified by 256,05, FI, Stat, which is issued by a surety company licensed to do business In the State of Florida and designated by the Department of, Treasury as holding Certificates of Authority as acceptable sureties on federal bonds and as acceptable reinsuring companies, This bond shall specifically cover damages delay (e.g., liquidated damages), indemnification, warranties, royalties, and safety violations, and the approved form is as elsewhere identified In the Contract Docume?r 7.2.2 Pursuant to the requirements of Section 255.05, Florida Statutes, it shall be duty of the CONTRACTOR to record the aforesaid bond in the public records of Bros County, with the CONTRACTOR, to pay all recording costs, 7.3 BOND, REDUCTION AFTER FINAL. PAYMENT: Such bond shall continue in effect tar one (1) year after final payment becomes dueoef otherwise provided by law or regulation or by the Contract Documents with the final sum of bond reduced after final payment to an amount equal to twenty five percent (25%) of Contract Price, or an additional bond shall be supplied and conditioned such CONTRACTOR shall correct any defective or faulty Work or material which appears within (1) year after final completion of the Contract, capon notification by the CITY. 7.4 DUTY TO SUBSTITUTE SURETY: If the: surety on any Borid furnished by CONTRACTOR is declared bankrupt or beco insolvent or its right to do business is terminated in the State of Florida or it ceases to mec,, requirements of other applicable laws or regulations, CONTRACTOR shall within seven (7) c thereafter substitute another bond and surety, both of which must be acceptable to CITY. 7.5 INSURANCE: 7.5.1 At the time of execution of the contract, the CONTRACTOR shall sir certificate(s) of insurance evidencing the required coverages and specifically p,r2yj that thQ QitvTamarac is an additlonaLaameir d with respect to the regL coverages and the operations of the CONTRACTOR under the contract. Insure Companies selected must be acceptable by the CITY. Ali of the policies of Insuranc required to be purchased and maintained shall contain a provision or endorsement the coverage afforded shall not be cancelled, materially changed or renewal refused at least thirty (60) calendar days written notice has been given to CITY by certi f m EX FI I P�T`i' "G The CONTRACTOR shall procure and maintain at its yawn expense and keep in e during the full term of the Contract a policy or policies of insurance which must inc the following coverages and minimum limits of liability. Additionally, Subcontractor hired by the CONTRACTOR for this Project shall provide Insurz coverage as stated herein. (a) r Cam ens ti for statutory obligations, in compliance Florida statutory limits imposed by Workers' Compensation Law. CONTRACTOR agree to be responsible for the umpluyrnent, conduct and control of its employees for any injury sustained by such employees in the course of their employment. (b) C�j7c�r7yiv��, for all owned, non -owned hired automobiles and other vehicles used -by the CONTRACTOR in the pearformanc the Work with the: following minimum limits of liability, $1,000,000,00 Combined single Limit, Bodily Injury and Property Damage Liability, per occurrence (cj Camprehansive General Liability with the following minimum limits of liability: $1.000,000.00 Combined Single limit, Bodily Injury and Property Damage Liability, per occurrence Coverage shall specifically includes they following with Minimurn fimits riot less than tl' required for Rodily Injury Liability and Property Damage; 1. Comprehensive 2. Premises and operations; 3. Contractual Liability 4. Personal Injury 5. Explosion and Collapse 0. Underground Hazard 7. Independent CONTRACTORS; 8. product and Completed Operations Liability; 9. Broad Form Property Damage; 10. Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; and 11. Cross Liability and Severability of Interest Clause. 7.5.2 The required insurance coverage shall be issued by an insurance comp authorized and licensed to do business in the State of Florida, with the fQIIoV minimum rating of A-VII to A+, in accordance with the latest editinn of AM. Best's I Rating Insurance Guide. 7.5.3 All required insurance policies shall preclude any underwriter's rights of reco% or subrogation against CITY with the express intention of the parties being that required insurance coverage protect both parties as the primary coverage for any ran( losses covered by the above -described insurance. FIXII.l.I3I IT 'FiA, 7.5.4 The CONTRACTOR shall ensure that any c.ornpany issuing insurance to cc the requirements contained in this Contract agrees that they shell have no re= against CITY for payment or assessments in any form on any policy of insurance. 7.5.5 The clauses "Other Insurance Provisions" and "Insured's Duties in the Ever an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CIT named as an additional named insured shall not apply to CITY. 7.5.6 The CONTRACTOR shall not commenco performance of its obligations ur this Agreement until after it has obtained all of the minimum insurance herein descri and the same has been approved by CITY. 7.5.7 Violation of the terms of this paragraph and Its subparts shall constitute a bre of the Contract and CITY, at its sole discretion, may cancel the Contract and all rig title and interest of the CONTRACTOR shall thereupon cease and terminate. 7.6 CITY'S LIABILITY AND INSURANCE: CITY shall not be responsible for purchasing and maintaining any Insurance to protect interests of CONTRACTOR, Subcontractors or others on the Work. CITY specifically reser all statutory and common law rights and immunities and nothing herein is Intended to limi waive same including, but not limited to, the procedural and substantive provisions loi Statute 768.28 and Florida Statute 95.11. 0 ART�gi E $ CHANGES IN THE WORK 8.1 CHANGES IN THE WORK: 8.1.1 CITY, without invalidating this Agreement, may order additions, deletions revisions to the Work, Such additions, deletions or revisions shall be authorized b Written Amendment, Change Order or Work Change Directive, 8.1.2 All Change Orders which, individually or when cumulatively added to amoL authorized pursuant to prior Change Orders for this Project, increase the cast of Work to CITY or which extend the time for completion, must be formally authorized approved by the Tamarac CITY Commission prior to their issuance and before \N may begin. Notwithstanding the above paragraph, Change Orders which individually or wi cumulatively added to amounts authorized, pursuant to prior Change Orders for Project, Increase the cost of the Work to the CITY not in excess of ten percent (I( may be approved by signed approval of the Ci i Y Manager of the CITY of Tamarac. No claim against CITY for extra Work in furtherance of a Change Order shall by unless prior written CITY approval pursuant to this section has been obtained. 8.1.3 The Contract Price and Contract i ime shall be changed only by Change Ordoi written Amendment. EXHfBT]' " 4 " 8.1.4 Proposed Change Orders shall be prepared by the ENGINEER on to provided by CITY. When submitted for approval, they shall carry the signature. of ENGINEER and the CONTRACTOR. 8.1.5 If CITY and CONTRACTOR are unable to agree ss to the extent, if any, of adjustment in the Contract Price or an adjustment of the Contract times that should allowed as a result of a Work Change Directive, a claim may be made therefor. 8.1.8 CONTRAUT OR shall riot be entitled to an increase in the Contract Price or extension of the Contract times with respect to any Work pertormed that is not requ" by the Contract Documents as amended, .modified and supplernented_ a. 8.1.7" If notice of any change affecting the general scope: of the Work or the provisi, of the Contract Documents is required by the provisions of any bond to be given t surety, the diving of any such notice will be CONTRACTOR'S responsibility and amount of each applicable bond shall be adjusted accordingly. 8.1.8 Any claim for adjustment in the Contract Price or time shall be based ul written notice delivered by the: party making the claim to the other parties and ENGINEER not later than three (3) calendar days after the occurrence or event giv rise to the claims and stating the general nature of the claim. No claim for an adjustm in the Contract Pricey or an extension of the, contract time will be valid if not submittec accordance with this Paragraph. 8.1.9 The cost or credit to CITY from a change in the Work shall be determined mutual written agreement. 8.2 CHANGE ORDERS: 8.2.1 A Change order is defined in Section 1.1.2, above. 8.2.2 Cost or credit to the CITY resulting from a change in the Work shall determined In one or more of the following ways: .1 by mutual acceptance of a lurnp sum properly iternized and supported sufficient substantiating data to permit evaluation where unit prices do not exist the contract documents.; .2 by unit prices stated in the Contract Documents or subsequently agreed upon; or .3 by cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee, I-] 8.3 CONCEALED CONDITIONS: By execution of this agreement, CONTRACTOR acknowledges that all requirement conditions necessary to fulfill this Contract have been met. No contract adjustments Sk allowed for concealed site conditions. 8.4 REGULATORY CHANGES. The CONTRACTOR shall be compensated for changes in the Work necessitated enactment or revision of codes, laws or regulations subsequent to the submission CONTRACTOR's Proposal. TIICLE 9 WARRANTIES, TESTS AND INSPECTIONS CORRECTION OF DEFECTIVE WORK Warranty of Title: The CONTRACTOR warrants to the CITY that it possesses good, clear and marke1w 1 all equipment and materials provided hereunder and there are no pending liens, clair encumbrances whatsoever against said equipment and materials. 9.2 Warranty of Specifications: 1"he CONTRACTOR warrants that all equipment, materials and Workmanship furni whether furnished by the CONTRACTOR or its sub-C:,ONTRACTORs and Suppliers, will cc with the specifications, drawings and other descriptions supplied or adopted and th services will be performed in a Workmanlike manner. 9.3 Warranty of Merchantability: CONTRACTOR warrants that any and all equipment to be supplied pursuant to the Agree is merchantable, free from defects, whether patent or latent in material or Workmanship z for the ordinary purposes for which it is Intended. 9.4 Correction Period: CONTRACTOR warrants all material and Workmanship for a minimurn of one (1) year frorr of acceptance by the CITY. If within one (1) year after the date of final completion or longer period of time as may be prescribed by laws or regulations or by the terms o applicable special guarantee required by the Contract Documents, any Work Is found defective, whether observed before or after acceptance by CITY, CONTRAW promptly, without cost to CITY and in accordance with CITY'S written instructions, eillW cc such defective Work, or, if it has been rejected by CITY, remove it from the site and repl; with Work that is not defective and satisfactorily correct and remove and replace any darna other Work or the Work of others resulting therefrom. If CONTRACTOR does not pro comply with the terms of such instructions, or in an emergency where delay would r sprlOuS risk of loss or damage, Cl-i--Y may have the defective Workmanship corrected C F X I I i B T T "/a" rejected Work removed and replaced, and all direct, indirect and consequential costs of st, removal and replacement (including but not limited to fees and charges of ENGINEE attorneys and other professionals) will be paid by CONTRAC T-OR. 9.4.1 Where defective Work (and damage to other Work resulting therefrom) has be corrected, removed or replaced tinder this paragraph, the correction period hereunc with respect to such Work will be extended for an .additional period of one (1) year of such correction or removal and replacement has been satisfactorily completed. 9.4.2 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which CONTRACTOR might have under the Contract Documents. Establishment of the time period of one (1) year as described in Paragraph 9.4.1 relates only to the specific obligation of the CONTRACTOR to correct the Work, and has no relationship to the tirne 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. 9.5 CONTRACTOR warrants to the Ci7Y that it will comply with all applicable federal, sta and local laws. regulations and orders in carrying out its obligations under the Contract. 9.6 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankrupt( proceedings or receivership, nor is It engaged in or threatened with any litigation, arbitration other legal or administrative proceedings or investigations of any kind which would have adverse effect on its ability to perform its obligations under the Contract. 9.7 CONTRACTOR warrants to the CITY that the consummation of the Work provided for the Contract Documents will not result in the breach of any term or provision of, or constitute default under :any indenture, mortgage, contract, or agreement to which the CONTRACTOR is party. 9.8 CONTRACTOR warrants that there will be, no violation of copyrights or patent righ? either in the United States of America or in foreign countries in connection with the Work of th Contract. 9.9 No warranty, either express or implied, may be modified, excluded or disclaimed in an way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstandin acceptance and payment by CiTY, 9.10 Tests and Inspections: 9.10.1 CONTRACTOf� shall give CITY tirrreiy notice of readiness of the Work for a required inspections, tests or approvals. CONTRACTOR shall assume fu responsibility, pay all costs in connection therewith and furnish CITY the require, certificates of inspection, testing or approval for all materials, equipment for the Wor and any part thereof unless otherwise specified herein. CONTRACTOR SHALL 81 RESPONSIBLE FOR THE PAYi+4ENT OF SPECIAL INSPECTORS AS REQUIRED B' THE SOUTH FLORIDA BUILDING CODE (BROWARD COUNTY EDITION, A,' AMENDED) AND ANY OR ALL -SPECIAL INSPEC I IONS AS RLQUIRED BY THE BUILDING OFFICIAI.,.. �.� n -in _; ,)o P. X }_I f B d. t o/i If • 9.10.2 inspectors shall hrrve no authority to permit deviations from nor to relax any the provisions of the Contract Documents, nor to delay the Agreement by failure inspect the materials and Work with reasonable promptness. 9,10.3 The payment of any compensation in any form, or the giving of any gratuity or tl- granting of any favor- by the CONTRACTOR to ,any inspectors, directly or indirectly strictly prohibited and any such action on the part of the CONTRACTOR will constitute breach of this Agreement. 9.11 The CONTRACTOR shall promptly correct Work rejected by the CITY or known by th CONTRACTOR to be defective or failing to conform to the Construction Documents, whethe observed before or after Substantial Completion and whether or not fabricated, Installed r completed, and shall correct Work under this Agreement found to be defective c nonconforming within a period of one year from the date of Substantial Completion of the Wor or designated portion thereof, or within such longer period provided by any applicable speci; warranty in the Contract Documents 9.12 Nothing contained in this Article 9 shall be construed to establish a period of lirr7itKatio with respect to other obligations of the CONTRACTOR under this Agreement. Paragraph 9.1 relates only to the specific obligation of the CONTRACTOR to correct the Work and has n relationship to the time within which the obligation to comply with the Contract Docume i•r ma be sought to he enforced, nor to the time within which proceedings may be cornmea W t establish the CONTRACTOR's liability with respect to the CONTRACTOR's obligations othE than correction of the Work. 9.13 If the CONTRACTOR fails to correct defective Work as required or persistently fails t, carry out the Work in accordance with the Contract Documents, they CiTY, by written order ma stop the Work, or any portion thereof, until the cause for such order has been eliminatec however the CITY's right to stop the Work shall not give rise to a duty on the part of the CITY is exercise the right for benefit of the CONTRACTOR or other persons or entities. 9.14 if the CONTRACTOR defaults or neglects to carry out the Work in accordancw with the Contract Documents within seven days after receipt of written notice from the CITY N commence and continues correction of Such default or neglect, the CITY may give a secom 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 approphate Change Order shall ter issued deducting from payments them or thereafter due the CONTRACTOR costs of correctin( such deficiencies. If the payments then or thereafter due the CONTRACTOR are not sufficien to cover the amount of the deduction, the CONTRACTOR shall pay the difference to the CITY. ' MISCELLANEOUS PROVISIONS 0 10.1 This Agree merit shall be governed by the law of the State of Florida. 10.2 The table of contents and the headings of articles and paragraphs are for convenience only and shall not modify rights and obligations created by this Agreement. 10.3 In case a provision of this Agreement is field to be invalid, ille9 a) or unenforceable, validity, lE;gality and enforceability of the remaining provisions shall not be affected. 10.4 WORK BY CITY OR CITY'S CONTRACTORS: 10.4.1 The CITY reserves the right to perform Work related to, but not part of, 1 Project and to award separate contracts in connection with other Work at the site. 10.4.2 The CONTRACTOR shall afford the CITY"s separate CONTRACTO reasonable opportunity for introduction and storage of their materials and equipment execution of their Work. The CONTRACTOR shall incorporate and coordinate t CONTRACTORSs Worst with Work of the CITY's separate CONTRACTORS as requir by the Contract Documents, 10.4.3 Costs caused by defective or ill-timed Work shall be borne by the pa responsible. 10.5 CLAIMS FOR DAMAGES: Should either party to this Agreement suffer injury or damage to person or property because an act or omission of the other party, the other party's employees or agents, or another 1 whose acts the other party is legally liable, shall make its claim in writing and submit it to tl other party within a reasonable time -after such injury or damage is or should have been fir observed. 10.6 SUCCESSORS AND ASSIGNS: 10.6.1 This Agreement shall be binding on successors, assigns, and legal represe,ritratives of and persons in privity of contract with the CITY or CONTRACTOR. Neither party shall assign or transfer an interest in this Agreement without the written consent of the other. 10.7 EXTENT OF AGREEMENT: This contract represents the entire agreement between the CITY and CONTRACTOR ar supersedes any prior negotiations, representations or agreements. This Agreement may k <3fnerided only by written instrument signed by both CITY and CONTRACTOR, ART1gU 11 TERMINATION OF THE AGREEMENT 11.1 TERMINATION BY THE CITY: a CITY retains its Right to terminate this Agreement upon the occurrence of any one or more of the following events: is X I I i B .L. i...l P 9 `_ P P • 11.1.1 If CONTRACTOR commences a voluntary case under any chapter of t Bankruptcy Code as now or hereafter in effect, or if CONTRACTORS takes a equivalent or similar action by ding a petition or otherwise under any other federal state law in effect at such time relating to the bankruptcy or insolvency. 11.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankrupt Code as now or hereafter in effect at the time of filing, or If a petition is filed seeking a such equivalent or similar relief against CONTRACTOR under any other federal or str law in effect at the time relating to bankruptcy or Insolvency. 11.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors. .. 11.1.4 If a trustee, receiver, custodian or agent of CON TRACTOR is appointed unr applicable law or under Contract, whose appointment or authority to take charge property of CONTRACTOR is for the purpose of enforcing a Lien against such grope or for the purpose of general administration of such property for the benefit CONTRACTOR'S creditors. 11.15 If CONTRACTOR tails to secure permits, certificates, bonds, submittals withir reasonable time as agreed upon following execution of contract. 11.1.6 If CONTRACTOR admits in writing an inability to pay its debts generallyth become due. 11.1.7 If CONTRACTOR persistently fails to perform the Work in accordance with tl Contract Documents (including but not limited to, failure to supply sufficient skillo Workers or suitable materials or equipment or failure to adhere to the progress schade as same may be revised from time to time). 11.1.8 If CONTRACTOR disregards laws or regulations of any public body havis jurisdiction. 11.1.9 If CONTRACTOR otherwise violates in any substantial way any provision of th Contract Documents CITY may, after giving CONTRACTOR and the Surety seven (7) days written notice to the extent permitted by laws and regulations, terminate the services of the CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to full extent they could be uses by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which C;IT'Y has paid CONTRACTOR but which are stored elsewhere, and finish the Work as CITY may deem expedient. In such case CONTRACTOR shall not be entitiod to receive any further payment for the Work performed by CONTRACTOR until the work is completed 11.1.10 Termination for Convenience of CITY; Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause at without prejudices to any other right or remedy, terminate the agreement for CITY convenience whenever CITY determines that such termination is in the best interests CiTY_ Where the agreement is terminated for the convenience of CITY, the notice EX I I i t l' " 4 termination to CONTRACTOR must state that the Contract is being terminated for tl c:orivenience of CITY under the Agreement's termination clause, the effective date of ti termination and the extent of termination. Upon receipt of the notice of termination f convenience, CONTRACTOR shall promptly discontinue all Work at the time and to tt extent indicated on the notice of termination, terminate the Work of Subcontractors ai cancel purchase orders to the extent that they relate to the terminated portion of If Contract, and refrain from placing further orders and entering into further subcontracl CONTRACTOR shall riot be paid on account of loss of anticipated profit, or revenue other economic loss of any kind whatsoever arising out of or resulting from suc termination. 11.1.11 This Agreement may be terminated by the CITY upon fourteen days' writtt notice to the CONTRACTOR in the event that the Project is abandoned. If suc termination occurs, the CITY shall pay the CONTRACTOR for Work completed and f proven loss sustained upon materials, equipment, tools and construction equipment ar machinery, including reasonable profit and applicable damages. 11.2 Termination by CONTRACTOR: If ENGINEER fails to recommend payment for a period of thirty (30) days through r -fault of CONTRACTOR or if CITY falls to make payment thereon for a period of thir (30) days, CONTRACTOR may, after seven (7) additional days written notice to CIT and ENGINEER, terminate the Contract and recover payment for Work executed and fc proven loss with respect to materials, equipment, tools and construction equipment an machinery. ARTICLE 12 OTHER PROVISIONS 12.1 NOTICE AND COMPUTATION OF TIME 13.1.1 Giving Notice; All notices required by any of the Contract Documents shall be in writing and shall b deemed delivered upon mailing by certified mail, return receipt requested to th following: The business address of CONTRACTOR is, Daniel D, Weekley, President Weekley Asphalt Paving, Inc. 20855 SW 36 Street Weston, FL 33332 The business address of CITY is: City Manager City of Tamarac 7525 NW 880' Avenue I'_1 X I I I -BIT " 4" • Tamarac. Florida 33321-2401 With a copy to: City Attorney (at same address) 12.2 Computation of Time: When any period of tirne is referred to in the Contract Documents by days, it will be computed exclude the first and include the last day of such period. If the last day of any such period fE on a Saturday or Sunday or on a day made a legal holiday by the law of the applicant jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day, 12.3 MISCELLANEOUS. 12.3.1 The duties and obligations imposed by these General Conditions and the rigt and remedies, available hereunder to the parties hereto, and, In perticular buhc limitation, the warranties, guaranties and obligations unposed upon CONTRACT16 TH ai all of the rights and remedies- available to CITY thereunder, are in addition to, and a not to be construed in any way as a limitation of, any rights and remedies available any or all parties which are otherwise imposed or available to any or all parties which a otherwise imposed or available by laws or regulations, by special warranty or guaranty or by other provisions of the Contract Documents, and the provisions of this Paragral will survive final payment and termination or completion of the Agreement. 12.3.2 CONTRACTOR shall not assign or transfer the Contract or its rights, title interests therein without CITY'S prior written approval, The obligations undertaken I CONTRACTOR pursuant to the Contract shall not be delegated or assigned to at other person or firm unless CITY shall first consent in writing to the assignmer Violation of the term;, of this Paragraph shall constitute a breach of Contract I CONTRACTOR and the CITY may, at its discretion, cancel the Contract and all right title :and interest of CONtRACTOR shall thereupon cease and terminate. 12.3.3 Independent Contractor: CONTRACTOR and Its employees, volunteers ar agents shall be and remain independent CONTRACTORs and not agents or employe( of CITY with respect to all of the acts and services performed by and under the terms this Agreement. This Agreement shall not in any way be construed to create partnership, association or any other kind of joint undertaking or venture between tt parties hereto. 12.3.4 CITY reserves the right to audit the records of CONTRACTOR relatinar way to the Work to be performed pursuant to this Agreement at any time dur g tl" performance and term of the Contract and for a period of three (3) years after completic and acceptance by CITY. If required by CITY, CONTRACTOR agrees to submit to E audit by an independent certified public accountant selected by CITY. CONTRACTO shall allow CITY to inspect, examine and review the records of CONTRACTOR at ar i;Xli_it;T`.I' "4„ and all tirnes during normal business hours during the term of the Contract and for th period mentioned above. 12.3,5 The remedies expressly provided in this Agreement to CITY shall not b deemed to be exclusive but shall be cumulative and in addition to all other remedies i favor of CITY now or hereafter existing at law or in equity. 12.3.6 The validity, construction and effect of this Agreement shall be governed by th laws of the State of Florida. All claims, counterclaims, disputes, and other matters i question between Owner- and CONTRACTOR arising out of, relating to, or pertaining t this Agreement, or the breach thereof, or the services thereof, or the standard c performance therein required, shall be doterrnined by litigation in the Circuit Court of th Seventeenth Judicial Circuit in and for Broward County, Florida, or the Federal Distric Court of the Southern District of Florida and appropriate appellate courts for such venu and jurisdiction. 12.3.7 Should any part, term or provision of this Agreement be held to be invalid, illegr or in conflict with any law of the State by a court of competent jurisdiction, the remainde shall remain in full force and effect. 12.3.8 In the event of any litigation which arises out of, pertains to, or relates to thi. Agreement, or the breach thereof, or the standard of performance therein required, thi prevailing party shall be entitled to recover a reasonable attorney's fee from the non prevailing party, subject to the limits of this paragraph. Where the prevailing party i; awarded compensatory damages from the non -prevailing party, the amount of attorney'. fees shall not exceed the amount of compensatory damages (it being the intent that no attorney's fees shall be recoverable by a prevailing party in the absence of an award c compensatory damages). If no compensatory damages are awarded, the prevailint party is entitled to a reasonable attorney's fee for the defense of the non-prevailini party's claim, which shall not exceed the amount of the Agreement as adjusted b, change orders as are approved by the parties. 12.3,9 The CITY, during any fiscal year, shall not expend money, incur any liability, o enter into any Contract which, by its terms, involves the expenditure of money in excess: of the amounts budgeted as available for expenditure during such fiscal year. And contract, verbal or written, made in violation of this subsection is null and void, and nc money may be paid on such contract. Nothing herein contained shall prevent the makinc of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for it succeeding fiscal years. 12.3.10 The fact that the CITY is a municipal corporation, and has .a Buildinc Department which will conduct building inspections for general compliance with the South Florida Building Code and construction drawings, shall not in any way act as ar estoppel to, or a waiver of the CITY'., right to require construction in accordance with the contract documents or construction in accordance with the South Florida Building Code If the CITY was not a governmental entity, and instead was a private person, the fac that members of ra building department review and approve construction would no create a defense to either the building department determining that an inspection approval was made in error and required corrective work, or in the owner's ability to: require the CONTRACTOR to perform the contract, Since the CITY is building this FXII.I.[',T'.1' "4! 0 .Project in a proprietary capacity, the fact that it inspects buildings in a governmen capacity will in no way compromise Its right to insist upon compliance with the Sol Florida Building Code or compliance with the contract documents, 12.3.11 The CONTRACTOR represents that no rlected official, officer, agent employee of tho CITY has a financial interest directly or indirectly in this Contract or t compensation to be paid under it, and further, that no CITY employee who acts in t CITY of Tamarac as a "purchasing agent" as defined by 112.312(20), Florida Statutf nor any elected or appointed officer of the CITY of Tamarac, nor any spouse or child such purchasing agent or employee or elected or appointed officer, is a partner, offic, director, or proprietor of the CONTRACTOR, and further, that no such CITY employ purchasing agent, CITY elected or appointed officer or the spouse or child of any them, alone or in combination, has a material interest In the CONTRACTOR. Mater Interest means direct or indirect ownership of more than five (5) percent of the to assets or capital stock of the CONTRACTOR. r LJ r-1 LJ 1'All�t f�JT 1 4 IN WITNESS WHEREOF, the parties hereto have made an executed Agreement on th respective dates under each signature; City of Tamarac through its City Commission signing b and through its Mayor and City Manager, authorized to execute same by City Commission the of 1999 and _ Dani I D. Weekly c Weekly Asphalt Poir , Inc. signing by and through Its P,,.&sideat dul authorized to execute same. ATTEST; CAROL GOL . CMC/AAE CITY CLERK PPR T O M: BY: THEL CITY ATTO WITNESSES: Signature Print/�a p i Print/Type Name 0 a Florida Municipal Corporation JOt SCHREIBER A op JEFF M E CITY MANAGER EKLEY ALPJ-JALT PAVING, INC. [Name of CONTRACTOR] By. Qaniel Q. WeeklQy Print Name Title E\II i P, I "/;' �J State of Florida County of Broward On this, the CO day of G 1 g-L, beCo fore me, the undersigned Notary Public of the State of --_Florida , the foregoing instrument was acknowledged by Daniel D. , (name of Corporate otticer), Prc c r�, (title), of Weekl�Vhalt Paving,ln (Dam of corporation), a Plea corpora (state of corporation), on behalf of the corporation. WITNESS my hand and official seal Notary Public State of'fc�r ja M� Twvss PAtww *W * My convN"uon MU668C %,;«f"1,/ rvu" j*'a.2003 Printed, typed ar stamped name of Notary Publi Exactly as commissioned f'ersonall knoLwn or Produced identification; (Type of identification produced) Did take an oath, or, 7fid not take an oath •