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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-051Temp. Reso. #9271 Page 1 of 4 Revision#2:February 22, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001- 51 A RESOLUTION OF THE 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 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 22, 1998, the City Commission of the City of Tamarac approved 0 the Seven 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. to 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 Temp. Reso. #9271 Page 2 of 4 Revis ion#2: February 22, 2001 WHEREAS, the project budget is recommended to be 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 unforeseen field conditions in the amount of $185, 882.91, representing 15% of the estimated 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 advantageous for the City to amend the existing Agreement with Weekley Asphalt Paving to include the Phase III Resurfacing Work 0 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 CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 0 Temp. Reso. #9271 Page 3 of 4 Revision#2:February 22, 2001 • • 0 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The list of streets, identified as the Phase 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 an amount not to exceed $1,425,102.31 is HEREBY AUTHORIZED. SECTION 5: Budget 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. Temp. Reso. #9271 Page 4 of 4 Revision#2:February 22, 2001 SECTION 8: passage and adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 141h day of March, 2001. ATTEST: . -�� 41",� MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I approved ,this REtbLUTLON as to form. y MITCHELL S. KR CITY ATTORNEY U:/adm correspondence/agendas/9--- RES-Resurfacing Phase Ill.doc OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER.4 DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANOF DIST 4: VIM ROBERTS C r] CJ Temp. Reso. #9271-Exhibit "1n Temp. Reso. #8755 -- September 10, 1999 Page 1 Revision #2, October 7, 1999 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 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, 1998, 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, those streets are identified in "Exhibit 1-A" in the tabulation form and "Exhibit 1-6" 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 215t and August 11", 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: 1 1 Temp. Reso. #8755 — September 10, 1999 Pape z Revision #2. October 7. 1999 Bidder Cost $ Weekley Asphalt Paving, Inc 1,223,172.79 Pan American Construction, LP 1,388,294.53 Pavex Corporation 1,491,687.10 General Asphalt Corporation 1,685,230.05 ; and WHEREAS, Weekley Asphalt Paving Inc. submitted the lowest responsive bid proposal at $1,223,172.79; and WHEREAS, available funds exist in the Road Resurfacing Program budget for said purpose; and WHEREAS, it is the recommendation of the Public Works Director, Purchasing/Contracts Manager and Acting City Engineer that the City award the resurfacing contract, identified as Phase II -A, to Weekley Asphalt Paving Inc; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award the Phase II -A resurfacing contract to Weekley Asphalt Paving Inc in an amount not to exceed $1,223,172.79. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: 5EQIIQN 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 to be resurfaced, identified In Exhibits 1-A and 1-13, is HEREBY APPROVED. , 1 lil 1 Temp. Reso. #8755 — September 10, 1999 Page 3 Revision #2, October 7, 1999 SE�,'TIQN 3: The appropriate City Officials are HEREBY AUTHORIZED to execute an agreement with Weekley Asphalt Paving Inc for resurfacing streets under Phase II -A, a copy of said agreement being hereto attached as "Exhibit 2". SECTION 4: The City Manager or his designee is HEREBY AUTHORIZED to approve change orders in the amount not to exceed $122,317.3, which represent 10% of the contract amount. SECTI,Q?I The City Manager or his designee is HEREBY AUTHORIZED to close the bid award including but not limited to making final payment and releasing bonds when the work has been satisfactorily completed within the terms and conditions of the contract. SECTION All Resolutions or parts of Resolutions In conflict herewith are HEREBY REPEALED to the extent of such conflict. $.FCTIQN 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the Invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. 1 1 H Temp. Reso. #8755 — September 10, 1999 Page 4 Revision #2, October 7, 1999 PASSED, ADOPTED AND APPROVED this 13th day of October 1999. h .0 lz.41 CAROL GOLD, CMC/AAE CITY CLERK EBY CERTIFY that I )pr v d this ES �UTION 26 to form, MITCHELL-' CITY ATTO 0--R-w/ . 50 9 i 9 119 q41-T: 1 10 RECORD OF CO MAYOR SCH DIST 1: C DIST V.L,M1� DIST J: C M. DW 4: _.�,QMM 0 Agreement Between CITY and CONTRACTOR AGREEMENT Between CITY OF TAMARAC 5170J 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 principal offices located at 7526 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, FL 33332 its successors and assigns, hereinafter referred to as "CONTRACTOR". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments set forth below, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, CITY and CONTRACTOR agree as follows: 0 ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS Wherever used in this Agreement or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1.1 Agreement - The written agreemena between CITY and CONTRACTOR covering the Work to be performed including other Contract Documents that are attached to the 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 this Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or 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, Bidding Requirements, Non -Collusion Affidavit, Public Entity Crimes Form, Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds, Addenda 1 &2, and any additional documents which are required to be submitted under the Contract, and all amendments, modifications and supplements, Change Orders and Work directive 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 is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment. 1.1.5 Drawings - The drawings which show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 1.1.7 Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.1.8 Engineer -Manager City of Tam ac 1.1.9 Notice to Proceed - A written notice given by CITY to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. Dnrro') of QA 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. 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 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 ENGINEER ordering an addition, deletion or revision in the Work. A Work Change is Directive shall not change the Contract price or time, but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. 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 a final (i.e., not partial or temporary) Certificate of Occupancy, and the term "Final Completion" means the CITY's acceptance of the job. Page 3 of 38 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 Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent with and is reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the 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 II, 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 page and submitted upon Agreement award. (5) Notice of Award and Notice to Proceed. (6) All applicable provisions of State, Federal or local law. (7) Any modification, including all Change Orders, duly delivered after execution of this Agreement. (8) Addenda 1 & 2. 1.3.2 If any portion of the Contract Documents appears to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: (1) Addenda 1 & 2; (2) The Special Provisions; (3) The Technical Specifications; (4) The Instructions to Bidders and General Terms and Conditions; (5) The Agreement; Page 4 of 38 As between schedules and information given on as between figures given on Drawings and the govern: as between large-scale drawings and shall govern. 1.4 Intent: Drawings, the schedules shall govern; scale measurements, the figures shall small-scale drawings, the larger scale It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of CITY, CONTRACTOR, or any of their consultants, agents or employees from those set forth in the Contract Documents, 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 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 ENGINEER'S approval of a shop drawing or sample; or Page 5 of 38 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, the Work, the locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. CONTRACTOR has made or caused to be made examinations, investigations, tests and studies, as It deems necessary for the performance of the Work at the Contract price, within the Contract time, and in accordance with other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports, or similar data are or will be required by CONTRACTOR for such purposes. • 1.9 Before Commencing Operations: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon. CONTRACTOR shall promptly report in writing to ENGINEER and CITY any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, 1.10 OWNERSHIP AND USE OF DOCUMENTS 1.10,1 All documents including drawings and specifications prepared or furnished by CONTRACTOR (and CONTRACTOR's independent associates and consultants) pursuant to this Agreement shall become owned by and be the property of the CITY and the CITY shall thereby obtain ownership by any statutory common law and other reserved rights thereto, Including copyright; however, such documents are not intended or represented to be suitable for reuse by CITY on extensions of the Project or on any other project. Any such reuse, modification or adaptation of such documents without written verification or adoption by CONTRACTOR for the specific purpose intended will be at CITY's sole risk and without liability or legal exposure to CONTRACTOR or to CONTRACTOR's independent associates or consultants. If required by CITY, any such verification or adaptation will entitle CONTRACTOR to further compensation at rates to be agreed upon by CITY and CONTRACTOR. 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. Pane 6 of 38 • ARTICLE 2 2.1 SERVICES AND RESPONSIBILITIES 2.1.1 The CONTRACTOR shall assist the CITY and ENGINEER in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction 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 other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 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 responsible for conforming to the work hours as delineated in the City of Tamarac Code. 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 ENGINEER 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 Documents. 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 and other permits and governmental fees, • licenses and inspections necessary for the proper execution and completion of the Work. The CONTRACTOR shall identify all governmental authorities and agencies having jurisdiction to approve the construction, and obtain all permits and approvals with such governmental authorities as have jurisdiction, and assist CITY in consultations with Page 7 of 38 ' � r appropriate governmental authorities and agencies in obtaining all required permits and approvals. Without limiting the foregoing, CONTRACTOR shall pay all fees, costs, and expenses in connection with the applications, processing, and securing of approvals or permits from all governmental authorities which have jurisdiction over all aspects of this work except CITY permits and fees which shall be waived except for so much of said fees as the CITY is required to remit to other governmental agencies. 2.1.10 The CONTRACTOR shall give notices and comply with laws, ordinances, rules, regulations and lawful orders of public authorities relating to the Project. 2.1.11 The CONTRACTOR shall indemnify and hold harmless the CITY of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liabilities, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising our of or occurring in connection with the operations of the CONTRACTOR or its Subcontractors, agents, officers, employees or independent CONTRACTORs, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 2.1.12 The CONTRACTOR shall be responsible to the CITY for acts and omissions of the CONTRACTOR's employees and parties in privity of contract with the CONTRACTOR to perform any portion of the Work, including their agents and employees. 2.1.13 The CONTRACTOR shall keep the premises free from accumulation of waste materials or rubbish caused by the CONTRACTOR's operations. At the completion of the Work, the CONTRACTOR shall remove from and about the Project the CONTRACTOR's tools, construction equipment, machinery, surplus materials, waste materials and rubbish. Such obligations include the CONTRACTOR's responsibility to provide for off -site disposal at no extra cost to the CITY. 2.1.14 The CONTRACTOR shall prepare Change Orders for the ENGINEER'S and CITY'S approval and execution in accordance with this Agreement. Any Work, which is commenced without a Change Order or Work Directive being approved, shall constitute a waiver of any claim of compensation for such Work. All Work Directives must be approved by City Manager or designee identified as such in writing. 2.1.15 The CONTRACTOR shall maintain in good order at the site one record copy of the drawings, specifications, product data, samples, shop drawings, Change Orders and other Modifications, marked currently to record changes made during construction. These shall be delivered to the CITY upon completion of the construction and prior to final payment. 2.2 BASIC SERVICES The Project consists of resurfacing City of Tamarac Streets as shown on Contract Documents. Page 8 of 38 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 numbers 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, • techniques, sequences and procedures of construction. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. Page 9 of 38 2.5 Resident Superintendent: CONTRACTOR shall keep on the Work at all times during its progress, a competent resident superintendent and any necessary assistants who shall not be replaced without written notice to CITY unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in his employ. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 2.6 Labor: 2.6.1 Construction services shall be performed by qualified construction CONTRACTORs licensed to do business -in the State of Florida and Suppliers, selected and paid by the CONTRACTOR. 2.6.2 CONTRACTOR shall provide and pay for competent, suitably qualified personnel to perform the Work as required by the Contract Documents. CONTRACTOR shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. CONTRACTOR shall at all times maintain good discipline and order at the site. Except In connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed between the hours of 8:00 a.m. and 6:00 p.m., and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday or any legal holiday without CITY'S written consent. 2.7 Materials: 2.7.1 Unless otherwise specified herein, CONTRACTOR shall furnish, pay for and assume full responsibility for all materials, equipment, transportation, machinery, tools, appliances, water, heat, utilities and all other facilities and services necessary for the 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 quality and new, unless otherwise provided in the Contract Documents and that the Work will be free from defects whether patent or latent in nature_ All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned In accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents. 2.8 Concerning Subcontractors, Suppliers and Others: 2.8.1 The CONTRACTOR shall furnish, in writing on the form included, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. CONTRACTOR shall not change a Subcontractor, person or entity previously selected if CITY makes reasonable objection to such change. 2.8.2 CONTRACTOR shall be fully responsible to CITY for all acts and omissions of the CONTRACTOR'S employees, Subcontractors, Suppliers and other persons directly or indirectly employed by his Subcontractors, Suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing of Perna 10 of RR . 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. 2.8.3 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR 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 Fees 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. CONTRACTOR shall promptly notify CITY and ENGINEER if the Contract Documents 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. CONTRACTOR shall promptly attempt to Page 11 of 38 settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this Contract specifically applies to claims arising out of CONTRACTOR'S use of the premises. 2.13.2 In addition to the CONTRACTOR's obligations under paragraph 2.1.13 above, CONTRACTOR shall leave the site clean and ready for occupancy by CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 2.13.3CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 4• 2.14 Access to Work: CONTRACTOR shall provide CITY, CITY'S consultants, representatives and personnel, Independent testing laboratories and governmental agencies with jurisdictional interests with access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S site safety procedures and programs so that they may comply therewith. 2.16 Safety and Protection: 2.15.1 CONTRACTOR shah be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to prevent damage, injury or loss to all employees on the Work site and other persons and organizations who may be affected thereby and in connection with all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site and other property at the site or adjacent thereto. 2.15.2 CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. 2.16 Indemnification: To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify, defend, save and hold harmless the CITY, its officers, agents, elected and appointed officials, and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of Engineers, attorneys, consultants and other professionals and court costs arising out of or alleged to have arisen out of or in consequence of the Work of this Agreement. The parties agree that 2% of the contract price paid by the CITY, receipt of which is hereby acknowledged by CONTRACTOR, shall serve as special consideration for this indemnification provision. The parties also agree that the contract price shall not increase as a result of this special consideration. Such indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from: (a) the negligent or defective execution of the design of the Project and Work of this Agreement; Page 12 of 38 0 (b) any act, omission or default of the CITY, and CONTRACTOR or its Subcontractors, 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 resulting therefrom; (e) other such damages, liabilities, or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this 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 or regulations by CONTRACTOR, its Subcontractors, agents, servants, independent contractors or employees; 6) the breach or alleged breach by CONTRACTOR of any term of the Contract, including the breach or alleged breach of any warranty or guarantee. 2.16.1 CONTRACTOR shall pay all claims', losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but 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 associated therewith including any costs or fees of an appeal shall be the responsibility of CONTRACTOR under the foregoing indemnification provisions. Nothing contained herein is intended nor shall it be construed to waive CITY'$ rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Agreement. 2.17 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. 2.18 Correction and Removal of Defective Work: If required by CITY and ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been Page 13 of 38 3E rejected by ENGINEER and CITY, remove it from the site and replace it with non -defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (Including but not limited to fees and charges of ENGINEER'S, attorneys and other professionals) made necessary thereby. CITY 3.1 The CITY shall designate a representative authorized to act on the CITY's behalf with respect to the Project. The CITY or such authorized representative shall examine documents submitted by the CONTRACTOR and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the Work. •. 3.2 The CITY may appoint an on -site Project representative to observe the Work and to have such other responsibilities as the CITY and CONTRACTOR agree in writing prior to execution of this Agreement. 3.3 The CITY shall cooperate with the CONTRACTOR in securing building and other permits, licenses and Inspections. 3.4 If the CITY observes or otherwise becomes aware of a fault or defect in the Work or nonconformity with the Contract Documents, the CITY shall give prompt written notice thereof to the CONTRACTOR. 3.5 The CITY shall furnish required information and services and shall promptly render decisions pertaining thereto to avoid delay in the orderly progress of the design and construction. 3.6 The CITY shall communicate with sub-CONTRACTORs only through the 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 shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or permanent changes In existing facilities. 3.9 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled Workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITY to exercise this right for the benefit of CONTRACTOR or any other party. 3.10 ENGINEER'S Responsibilities: - 3.10.1 ENGINEER will be CITY'S representative during the construction period and until final payment is due. Page 14 of 38 ! 3.10.2 Visits to Site: ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 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 Interpretations: 4_ 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 CITY 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. is 3.10.6 Rejecting Defective Work: Page 15 of 38 ENGINEER will have the authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed. ARTICLE 4 TIME 4.1 CITY and CONTRACTOR agree that time is of the essence in fulfilling the obligation of this Agreement. The Work to be performed under this Contract shall be commenced upon the date of Contract Commencement specified in the Notice to Proceed and, subject to authorized adjustments, shall be complete within 240 calendar days thereafter. Failure to achieve Substantial Completion shall be regarded as a breach of this Contract and CONTRACTOR shall be subject to appropriate remedies including but not limited to liability for liquidated damages in accordance with Paragraph 4.7 herein. 4.2 The CONTRACTOR shall provide services as expeditiously as is consistent with 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 to be performed under this Agreement shall commence as directed in the Notice to Proceed unless otherwise agreed in writing. 4.4 The Date of Substantial Completion of the Work will be the date of the City's final 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 or compensation of any kind from CITY for direct, Indirect, consequential, impact or other costs, expenses or damages including but not limited to costs of acceleration or inefficiency, or extended overhead arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active malicious interference on the part of CITY or its agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for excusable events of delay. The following shall constitute "Excusable Events of Delay": (a) An act, delay or order of the CITY obstructing or delaying the CONTRACTOR in the commencement, prosecution or completion of a Project activity other than an act, delay or order issued by the CITY reasonably in good faith in its role as a Government regulator or actions reasonably taken by the CITY in good faith, in the enforcement of its ordinances, laws, executive orders or rules of general applicability. Nothing under this subsection 4, shall be deemed an Excusable Event of Delay to the extent that performance would have been suspended, delayed or interrupted by any other cause, including but not limited to the fault or negligence of the CONTRACTOR or for which an adjustment or extension to the Project Schedule is made or provided for, or excluded under any other term or condition of this Contract. Paqe 16 of 38 (b) Acts of God, wars, fires (other than those resulting from the negligence or willful misconduct of the CONTRACTOR or attributable to the CONTRACTOR), floods, epidemics, quarantine restrictions and freight embargoes. (c) Strikes which are unforeseeable or beyond the control of the CONTRACTOR to prevent and which are not the result of any or negligence of the CONTRACTOR, but only if the CONTRACTOR takes reasonable action to perform notwithstanding the strike. Failure to perform because of additional cost shall not be deemed compliance. (d) Weather conditions exceeding normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale weather station. (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 provisions. 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. Page 17 of 38 A_ RTl!;LE 5 PAYMENTS 5.1 CONTRACT SUM: CITY shall pay CONTRACTOR in current funds as full compensation for the performance of all the Work subject to additions and deductions by Change Order as provided in this Agreement, the Contract sum of One Million Two Hundred Twenty Three Thousand One Hundred Seventy Two Dollars and 79/100....... ----($1 ,223,172.79). 5.2 PROGRESS PAYMENTS: 5.2.1 The CONTRACTOR shall deliver to the CITY itemized Applications for Payment for Payment. CONTRACTOR may requisition payments for Work completed during the Project at intervals of not more than once a month. The CONTRACTOR'S requisition shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with a certification by the CONTRACTOR that the CONTRACTOR has disbursed to all Subcontractors and Suppliers their pro-rata shares of the payment out of previous progress payments received by the CONTRACTOR for all Work completed and materials furnished in the previous period and that properly executed releases of liens by all Subcontractors, Suppliers and materialmen were provided and included In the CONTRACTOR'S previous applications for payment, and any other supporting documentation as may be required by the ENGINEER or Contract Documents. Each requisition shall be submitted In triplicate to the ENGINEER for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the ENGINEER of the CONTRACTOR'S requisition for payment. 5.2.2 Within thirty (30) days of the CITY's receipt of a properly submitted and correct Application for Payment, the CITY shall make payment to the CONTRACTOR. 5.2.3 Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the CITY until the Work is totally completed as specified, and accepted by the CITY. The parties hereto agree that 255.052, Florida Statutes, does not apply to this Agreement, or to any underlying agreements and obligations to which this Agreement pertains. 5.3 The Application for Payment shall constitute a representation by the CONTRACTOR to the CITY that, to the best of the CONTRACTOR's knowledge, information and belief, the design and construction have progressed to the point indicated, the quality of the Work covered by the application is in accordance with the Contract Documents and the CONTRACTOR is entitled to payment in the amount requested. 5.4 The CONTRACTOR shall pay each Subcontractor, upon receipt of payment from the CITY, out of the amount paid to the CONTRACTOR on account of such Subcontractor's Work, the amount to which said Subcontractor is entitled in accordance with the terms of the CONTRACTOR's contract with such Subcontractor. The CONTRACTOR shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - Subcontractors in similar manner. parrs i A of 'AA 0 ( ' Y • 5.5 The CITY shall have no obligation to pay or to be responsible in any way for payment to a Subcontractor of the CONTRACTOR except as may otherwise be required by law. 5.6 No progress payment or partial or entire use or occupancy of the Project by the CITY shall constitute an acceptance of Work not in accordance with the Contract Documents. 5.7 The CONTRACTOR warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the CITY either by incorporation in construction or upon receipt of payment by the CONTRACTOR, whichever occurs first; (2) Work, materials and equipment covered by previous Applications for Payment are free and clear of liens, claims, security interests or encumbrances, hereinafter referred to as "liens'; and (3) no Work, materials or equipment covered by an Application for •Payment will have been acquired by the CONTRACTOR, or any other person performing Work at the site or furnishing materials or equipment for the Project, subject to an agreement under which an Interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. 5.8 The CONTRACTOR 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 Work, less the reasonable value of incorrect or incomplete Work, liquidated damages or both, Final payment of such withheld sum shall be made upon correction or completion of such Work and resolution of all . Issues regarding liquidated damage. - The release of retainage shall not become due until all Work is 100% completed. The requirements of retainage include the following: • 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 All 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 form 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. Paae 19 of 38 5.9 Final Inspection: Upon written notice from CONTRACTOR that the Work is or an agreed portion thereof is complete, CITY and ENGINEER will make a final inspection and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. 5.10 Final Application for Payment: After CONTRACTOR has completed all such corrections 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 accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed In connection with the Work and a final affidavit; or (2) CONTRACTOR'S receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen. Suppliers and Subcontractors who Worked for CONTRACTOR under this Contract have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished and the reason(s) why the same remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a bond satisfactory to CITY to indemnify CITY against any such lien. 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 ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final Application for Payment and accompanying documentation, ENGINEER 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 Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to CITY of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER'S recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by CITY to CONTRACTOR. Paae 20 of 38 • is • 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 entire unpaid balance of the Contract Sum, shall be paid by the CITY to the CONTRACTOR when the Work has been completed, the Contract fully performed, and a final certificate for payment has been issued by the ENGINEER. 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 CITY'S Right to Withhold Payment: The CITY may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of: 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 Liability for liquidated damages has been incurred by the CONTRACTOR. Page 21 of 38 1 ' , 5.12.6 Reasonable evidence that the Work cannot be completed for the unpaid balance of the contract sum. 5.12.7 Reasonable evidences that the Work will not be completed within the Contract 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 surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. PROTECTION OF PERSONS AND PROPERTY 6.1 The CONTRACTOR shall be responsible for initiating, maintaining and providing supervision for compliance with Occupational Safety and Health Act (OSHA) standards for safety precautions and programs in connection with the Work. 6.2 The CONTRACTOR shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to (1) employees on the Work and other persons who may be affected thereby; (2) the Work and materials and equipment to be Incorporated therein; and (3) other property at or adjacent to the site. 6.3 The CONTRACTOR shall give notices and comply with applicable laws, ordinances, rules, regulations and orders of public authorities bearing on the safety of persons and property and their protection from damage, injury or loss. 6.4 The CONTRACTOR shall be liable for damage or loss (other than damage or loss to property insured under the property insurance provided or required by the Contract Documents to be provided by the CITY) to property at the site caused in whole or in part by the CONTRACTOR, a CONTRACTOR of the CONTRACTOR or anyone directly or indirectly employed by either of them, or by anyone for whose acts they may be liable. 6.5 HURRICANE PRECAUTIONS: During such periods of times that are designated by the United States Weather Bureau as a hurricane warning or alert; all construction materials or equipment will be secured against displacement by wind forces; provided that where a full complement of personnel is employed or otherwise in attendance, or engaged for such purposes, formal construction procedures or use of materials or equipment may continue allowing such reasonable time as may be necessary to secure such materials or equipment before winds of hurricane force are anticipated. Construction materials and equipment will be secured by guying and shoring, or removing or tying down loose materials, equipment and construction sheds, Page 22 of 38 C] INSURANCE AND BONDS VA ►ItIZY-Tetto] :if40P_1-3I0`CAI:F191'.7_1►M4 7.1.1 The CONTRACTOR shall purchase from and maintain with a company or companies authorized to do business in the State of Florida, such insurance as will protect the CONTRACTOR from claims set forth below which may arise out of or result from operations under the Contract by the CONTRACTOR or by a CONTRACTOR of the CONTRACTOR, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable:,, .1 claims under Workers' Compensation, disability benefit and other similar employee benefit laws, which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the CONTRACTOR's employees under any applicable employer's liability law; .3 claims for damages because of bodily injury, sickness or disease, or death of persons other than the CONTRACTOR's employees; .4 claims for damages covered by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to 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 or destruction of tangible property, including loss of use; and .6 claims for damages for bodily injury or death of a person or property damage 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 not less than limits of liability specified in the Contract Documents or required by law, whichever are greater. 7.1.3 The CONTRACTOR's liability insurance shall include contractual liability insurance applicable to the CONTRACTOR's obligations. 7.1.4 Certificates of Insurance and copies of policies, acceptable to the CITY shall be delivered to the CITY at the time of execution of contract. These Certificates as well as insurance policies required by this Paragraph shall contain a provision that coverage will not be canceled or allowed to expire until at least sixty days prior written notice has been given to the CITY. Page 23 of 38 If any of the foregoing insurance coverages are required to remain in force after final payment, an additional certificate evidencing continuation of such coverage shall be 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, FI. 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 for 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 the duty of the CONTRACTOR to record the aforesaid bond in the public records of Broward County, with the CONTRACTOR to pay all recording costs, 7.3 BOND, REDUCTION AFTER FINAL PAYMENT: Such bond shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bond reduced after final payment to an amount equal to twenty five percent (25%) of the Contract Price, or an additional bond shall be supplied and conditioned such that CONTRACTOR shall correct any defective or faulty Work or material which appears within one (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 becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations, CONTRACTOR shall within seven (7) days 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 submit certificate(s) of insurance evidencing the required coverages and specifically providing that the City of Tamarag is an additional named ins red with respect to the required coverages and the operations of the CONTRACTOR under the contract. Insurance Companies selected must be acceptable by the CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (60) calendar days written notice has been given to CITY by certified mail. Page 24 of 38 . The CONTRACTOR shall procure and maintain at its own expense and keep in effect during the full term of the Contract a policy or policies of insurance which must include the following coverages and minimum limits of liability. Additionally, any Subcontractor hired by the CONTRACTOR for this Project shall provide Insurance coverage as stated herein. (a) Workers' Compensation , In§grance for statutory obligations, in compliance with Florida statutory limits imposed by Workers' Compensation Law. CONTRACTOR shall agree to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. (b) Comprehensive Au,(oCpQUI ,Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used -by the CONTRACTOR in the performance of 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) Qomgrehgn1Ive Q2neral liablit 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 those required for Bodily Injury Liability and Property Damage; 1. Comprehensive 2. Premises and operations; 3. Contractual Liability 4. Personal Injury 5. Explosion and Collapse 6_ 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 company authorized and licensed to do business in the State of Florida, with the following minimum rating of A-VII to A+, in accordance with the latest edition of A.M. Best's Key Rating Insurance Guide. 7.5.3 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverage protect both parties as the primary coverage for any and all losses covered by the above -described insurance. Paqe 25 of 38 7.5.4 The CONTRACTOR shall ensure that any company issuing insurance to cover the requirements contained in this Contract agrees that they shall have no recourse 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 of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as an additional named insured shall not apply to CITY. 7.5.6 The CONTRACTOR shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved by CITY, 7.5.7 Violation of the terms of this paragraph and Its subparts shall constitute a breach of the Contract and CITY, at its sole discretion, may cancel the Contract and all rights, 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 the interests of CONTRACTOR, Subcontractors or others on the Work. CITY specifically reserves all statutory and common law rights and immunities and nothing herein is Intended to limit or waive same including, but not limited to, the procedural and substantive provisions of Florida Statute 768.28 and Florida Statute 95.11. ARTIt".LE I CHANGES IN THE WORK 8.1 CHANGES IN THE WORK: 8.1.1 CITY, without invalidating this Agreement, may order additions, deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment, Change Order or Work Change Directive. 8.1.2 All Change Orders which, individually or when cumulatively added to amounts authorized pursuant to prior Change Orders for this Project, increase the cost of the Work to CITY or which extend the time for completion, must be formally authorized and approved by the Tamarac CITY Commission prior to their issuance and before Work may begin. Notwithstanding the above paragraph, Change Orders which individually or when cumulatively added to amounts authorized, pursuant to prior Change Orders for this Project, increase the cost of the Work to the CITY not in excess of ten percent (10%) may be approved by signed approval of the CITY Manager of the CITY of Tamarac. No claim against CITY for extra Work in furtherance of a Change Order shall be allowed unless prior written CITY approval pursuant to this section has been obtained. 8.1.3 The Contract Price and Contract Time shall be changed only by Change Order or written Amendment. Page 26 of 38 • 8.1.4 Proposed Change Orders shall be prepared by the ENGINEER on forms provided by CITY. When submitted for approval, they shall carry the signature of the ENGINEER and the CONTRACTOR. 8.1.5 If CITY and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract times that should be allowed as a result of a Work Change Directive, a claim may be made therefor. 8.1.6 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented. a_ 8.1.7 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility and the amount of each applicable bond shall be adjusted accordingly. 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 to ENGINEER not later than three (3) calendar days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Contract Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 8.1.8 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 defined 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 evaluation 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. Page 27 of 38 8.3 CONCEALED CONDITIONS: By execution of this agreement, CONTRACTOR acknowledges that all requirements and conditions necessary to fulfill this Contract have been met. No contract adjustments shall be allowed for concealed site conditions. 8.4 REGULATORY CHANGES: The CONTRACTOR shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws or regulations subsequent to the submission of the CONTRACTOR's Proposal. g TI�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 marketable title to all equipment and materials provided hereunder and there are no pending liens, claims or encumbrances whatsoever against said equipment and materials, 9.2 Warranty of Specifications: The CONTRACTOR warrants that all equipment, materials and Workmanship furnished, whether furnished by the CONTRACTOR or its sub -CONTRACTORS and Suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a Workmanlike manner. 9.3 Warranty of Merchantability: CONTRACTOR warrants that any and all equipment to be supplied pursuant to the Agreement is merchantable, free from defects, whether patent or latent in material or Workmanship and fit for the ordinary purposes for which it is Intended. 9.4 Correction Period: CONTRACTOR warrants all material and Workmanship for a minimum of one (1) year from date of acceptance by the CITY. If within one (1) year after the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by CITY, CONTRACTOR shall promptly, without cost to CITY and in accordance with CITY'S written instructions, either correct such defective Work, or, if it has been rejected by CITY, remove it from the site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, CITY may have the defective Workmanship corrected or the Paqe 28 of 38 r rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of ENGINEER, attorneys and other professionals) will be paid by CONTRACTOR. 9.4.1 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 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 time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish CONTRACTOR'S liability with respect to the CONTRACTOR' S obligation other than specifically to correct the Work. 9.5 CONTRACTOR warrants to the CITY that it will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under the Contract. 9.6 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 9.7 CONTRACTOR warrants to the CITY that the consummation of the Work provided for in the Contract Documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which the CONTRACTOR is a party. 9.8 CONTRACTOR warrants that there will be no violation of copyrights or patent rights either in the United States of America or in foreign countries in connection with the Work of the Contract. 9.9 No warranty, either express or implied, may be modified, excluded or disclaimed in any way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstanding 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 all required inspections, tests or approvals. CONTRACTOR shall assume full responsibility, pay all costs in connection therewith and furnish CITY the required certificates of inspection, testing or approval for all materials, equipment for the Work and any part thereof unless otherwise specified herein. CONTRACTOR SHALL BE RESPONSIBLE FOR THE PAYMENT OF SPECIAL INSPECTORS AS REQUIRED BY . THE SOUTH FLORIDA BUILDING CODE (BROWARD COUNTY EDITION, AS AMENDED) AND ANY OR ALL -SPECIAL INSPECTIONS AS REQUIRED BY THE BUILDING OFFICIAL. Page 29 of 38 9.10.2 Inspectors shall have no authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 9.10.3 The payment of any compensation in any form, or the giving of any gratuity or the granting of any favor by the CONTRACTOR to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the CONTRACTOR will constitute a breach of this Agreement. 9.11 The CONTRACTOR shall promptly correct Work rejected by the CITY or known by the CONTRACTOR to be defective or failing to conform to the Construction Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct Work under this Agreement found to be defective or nonconforming within a period of one year from the date of Substantial Completion of the Work or designated portion thereof, or within such longer period provided by any applicable special warranty in the Contract Documents 9.12 Nothing contained in this Article 9 shall be construed to establish a period of limitation with respect to other obligations of the CONTRACTOR under this Agreement. Paragraph 9.11 relates only to the specific obligation of the CONTRACTOR to correct the Work and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the CONTRACTOR's liability with respect to the CONTRACTOR's obligations other than correction of the Work. 9.13 If the CONTRACTOR fails to correct defective Work as required or persistently fails to carry out the Work in accordance with the Contract Documents, the CITY, by written order may stop the Work, or any portion thereof, until the cause for such order has been eliminated; however the CITY's right to stop the Work shall not give rise to a duty on the part of the CITY to exercise the right for benefit of the CONTRACTOR or other persons or entities. 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 to commence and continue correction of such default or neglect, the CITY may give a second written notice to the CONTRACTOR. If within seven days following receipt of the second notice, the CONTRACTOR fails to correct such default or neglect with diligence and promptness, the CITY may correct such deficiencies. in such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the CONTRACTOR costs of correcting such deficiencies. If the payments then or thereafter due the CONTRACTOR are not sufficient to cover the amount of the deduction, the CONTRACTOR shall pay the difference to the CITY. VA-99imil MISCELLANEOUS PROVISIONS 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. Page 30 of 38 • 10.3 In case a provision of this � 9 Agreement is held to be invalid illegal or unenforceable, the 9 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, the 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 CONTRACTORs reasonable opportunity for introduction and storage of their materials and equipment for execution of their Work. The CONTRACTOR shall incorporate and coordinate the CONTRACTOR' Work with Work of the CITY's separate CONTRACTORs as required by the Contract Documents. 10.4.3 Costs caused by defective or ill-timed Work shall be borne by the party responsible. 10.5 CLAIMS FOR DAMAGES: Should either party to this Agreement suffer injury or damage to person or property because of an act or omission of the other party, the other party's employees or agents, or another for whose acts the other party is legally liable, shall make its claim in writing and submit it to the other party within a reasonable time -after such injury or damage is or should have been first 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 agreement between the CITY and CONTRACTOR and supersedes any prior negotiations, representations or agreements. This Agreement may be amended only by written instrument signed by both CITY and CONTRACTOR. ARTICLE 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: Page 31 of 38 11.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or 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 Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state 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 CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR'S creditors. 11.15 If CONTRACTOR fails to secure permits, certificates, bonds, submittals within a 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 they become due. 11.1.7 If CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled Workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time). 11.1.8 If CONTRACTOR disregards laws or regulations of any public body having 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 used 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 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; Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause and without prejudice to any other right or remedy, terminate the agreement for CITY'S convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of Pane '49 of 3A termination to CONTRACTOR must state that the Contract is being terminated for the convenience of CITY under the Agreement's termination clause, the effective date of the termination and the extent of termination. Upon receipt of the notice of termination for convenience, CONTRACTOR shall promptly discontinue all Work at the time and to the extent indicated on the notice of termination, terminate the Work of Subcontractors and cancel purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and entering into further subcontracts. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss of any kind whatsoever arising out of or resulting from such termination. 11.1.11 This Agreement may be terminated by the CITY upon fourteen days' written notice to the CONTRACTOR in the event that the Project is abandoned. If such termination occurs, the CITY shall pay the CONTRACTOR for Work completed and for proven loss sustained upon materials, equipment, tools and construction equipment and 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 no 'fault of CONTRACTOR or if CITY fails to make payment thereon for a period of thirty (30) days, CONTRACTOR may, after seven (7) additional days written notice to CITY and ENGINEER, terminate the Contract and recover payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and 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 be deemed delivered upon mailing by certified mail, return receipt requested to the 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 CIT)( is: is City Manager City of Tamarac 7525 NW 88"' Avenue Page 33 of 38 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 computed to exclude the first and include the last day of such*period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 12.3 MISCELLANEOUS: 12.3.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guaranties and obligations imposed upon CONTRACTOR and all of the rights and remedies- available to CITY thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all parties which are otherwise imposed or available to any or all parties which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph 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 or Interests therein without CITY'S prior written approval. The obligations undertaken by CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the assignment. Violation of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR and the CITY may, at its discretion, cancel the Contract and all rights, title and interest of CONTRACTOR shall thereupon cease and terminate. 12.3.3 Independent Contractor: CONTRACTOR and its employees, volunteers and agents shall be and remain independent CONTRACTORs and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 12.3.4 CITY reserves the right to audit the records of CONTRACTOR relating in any way to the Work to be performed pursuant to this Agreement at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by CITY, If required by CITY, CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to inspect, examine and review the records of CONTRACTOR at any Page 34 of 38 . and all times during normal business hours during the term of the Contract and for the period mentioned above. 12.3.5 The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in 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 the laws of the State of Florida. All claims, counterclaims, disputes, and other matters in question between Owner and CONTRACTOR arising out of, relating to, or pertaining to this Agreement, or the breach thereof, or the services thereof, or the standard of performance therein required, shall be determined by litigation in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. 12.3.7 Should any part, term or provision of this Agreement be held to be invalid, illegal or in conflict with any law of the State by a court of competent jurisdiction, the remainder 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 this Agreement, or the breach thereof, or the standard of performance therein required, the 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 awarded compensatory damages from the non -prevailing party, the amount of attorney's 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 of 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 by change orders as are approved by the parties. 12.3.9 The CITY, during any fiscal year, shall not expend money, incur any liability, or 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. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. Nothing herein contained shall prevent the making 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 The 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 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 Page 35 of 38 Project in a proprietary capacity, the fact that it inspects buildings in a governmental capacity will in no way compromise Its right to insist upon compliance with the South Florida Building Code or compliance with the contract documents. 12.3.11 The CONTRACTOR represents that no elected official, officer, agent or employee of the CITY has a financial interest directly or indirectly in this Contract or the compensation to be paid under it, and further, that no CITY employee who acts in the CITY of Tamarac as a "purchasing agent" as defined by 112.312(20), Florida Statutes, nor any elected or appointed officer of the CITY of Tamarac, nor any spouse or child of such purchasing agent or employee or elected or appointed officer, Is a partner, officer, director, or proprietor of the CONTRACTOR, and further, that no such CITY employee purchasing agent, CITY elected or appointed officer or the spouse or child of any of them, alone or in combination, has a material interest In the CONTRACTOR. Material interest means direct or indirect ownership of more than five (5) percent of the total assets or capital stock of the CONTRACTOR. Page 36 of 38 IN WITNESS WHEREOF, the parties hereto have made an executed Agreement on the respective dates under each signature; City of Tamarac through its City Commission signing by and through its Mayor and City Manager, authorized to execute same by City Commission the of 1999 and Daniel D. We kl of Weekley Asphalt Paving,_.Inc. signing by and through its fgsident duly authorized to execute same. ATTEST: CAROL GOL, CMC/AAE CITY CLERK PPR O k BY: • CHELL FT CITY ATT DP44EY WITNESSES: Signature Print/.oCaIme i 9AI Print/Type Name • X3 a Florida Municipal Corporation J SCHREIBER ;A'.0 JEFF MIt,C.ERv CITY MANAGER K61111111• EKLEY A [Name of CONTRACTOR] By: 12gniel.12.• Aeekl2y Print Name P i n Title Page 37 of 38 WITNESS my hand and official seal State of Florida County of Broward On this, the (O day of ©c.-:', 19�, before me, the undersigned Notary Public of the State of I rids , the foregoing instrument was acknowledged by Daniel ©. Wgpklev, (name of Corporate officer), President (title), of _Weekley6212halt Paving, Inc. (name of corporation), a Elorida corporation (state of corporation), on behalf of the corporation. 7 �z -e I �0 "U� Notary Public State of 2s2KI rr• T"M paten Q* my C&AMi t M CCMS580 �.Z/ uow m is. soap Printed, typed or stamped name of Notary Public Exactly as commissioned qersonal) known b or roduced identification: (Type of identification produced) Did take an oath, or Mid not take an oath Page 38 of 38 FES-23-01 04:35PM FROW +9549549544 T-253 P.02 F-919 Temp Reso #9271 Exhibit 2 Page 1 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 ZG day of FPS 2001. 4� WITNESSETH: OJ r�,,, A'+- WHEREAS, the CITY and WEEKLEY entered into an Agreement dated October 13, 1999, relating to the Tamarac Street Improvement Program, Phase 11-A for the 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 Program; and WHEREAS, Special Provisions Article 1 of the Bid Documents, Bid No. 99-27B allows 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 amend the existing Agreement 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 may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions; and WHEREAS, Section 8.1.1 of the Agreement, provides the "City, without invalidating this Agreement, may order additions, deletions or revisions to the Work. Such additions, deletions or revisions shall be authorized by a Written Amendment, Change Order or Work �1 Directive Change." 02/23/01 FR1 16:37 [TX/RX NO 70461 FE8-23-01 04:HPM FROM- +9549549544 T-253 P.03 F-919 Temp Reso #9271 Exhibit 2 Page 2 of 5 Revised: Feb. 23, 2001 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 amended to add the following language: The City of Tamarac is establishin tease III of the Seven -Year Comprehensive Street Improvement Pro ram. Quantities in this Phase shall consist of a roximatel 33.73 miles of road as shown in Attachment 1 of this Amendment attached hereto and Incorporated herein. Phase III shall be completed within 270 calendar days from the Notice 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 in fulfilling the obligation of this Agreement, The Work to be performed under this Contract for Phase III shall be commenced upon the date of Contract Commencement specified in the Notice to Proceed and, subject to authorized adjustments, shall be complete within 240 270 calendar days thereafter. Failure to achieve Substantial Completion shall be regarded as a breach of this Contract and CONTRACTOR 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 shall pay CONTRACTOR in current funds as full compensation for the performance of all the Work subject to additions and deductions by Change Order as Provided in this Agreement, the Contract sum of One Million Two Hundred Twenty Three Thousand One Hundred Seventy Two Dollars and 79/100------- ----($1,223,172.79) for Phase ll-A 02/23/01 FRI 16:37 [TX/RX NO 70461 F55-23-01 04:36PM1 FROM1- +9549549544 T-253 P.04 F-919 Temp Reso #9271 Exhibit 2 Page 3 of 5 Revised: Feb. 23, 2001 and One Million Two Hundred Thirty Nine Thousand Two H ndred Nineteen Dollars and 40/100----------- 1 239 219.40 for Phase III. 4. Section 17 of the Special Provisions contained in Bid No. 99-278 incorporated by reference into the Agreement is amended to read as follows: Price Adjustment; hwend The bid unit price for bituminous materiel 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. The adjustment will be made in accordance with the following criteria: The criterion u listed as I through XIV will remain unchanged. 5, The terms of the original October 13, 1999 Agreement between CITY and WEEKLEY 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 those original terms and conditions for the work designated as Phase III. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or WEEKLEY of any obligations pursuant to the 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 02/23/01 FRT, 16:37 [TX/RX NO 70461 FEB-23-01 04:36PM FROM- +9549549544 T-253 P.05 F-919 Temp Reso #9271 Exhibit 2 Page 4 of 5 Revised: Feb. 23, 2001 Tamarac signing through its Mayor, and WEEKLEY signing by and through its President, Daniel D. Weekley, duly authorized to execute same. .,M\itiyp'. ATTEST: Afir, (CorporajAecretary) W 49T/AI TYpp/PriaNamofCorporate Secretary T J m CITY OF TAMARAC BY: e Schreiber, Mayor Date: �� f Jeffrey L. Miller, City Manager Date: /y,"),0D Hpprovea o to ,end al sufficiency itchell S. Kra Cit Attorney Date: / WEEKLEY ASPHALT PAVING, INC. ❑aniel D. Weekley, Pre Pp n ►d -. we Type/Print Name of President 02/23/01 FRI 1.6:37 [TX/RX NO 70461 -M-23µ01 04:38PM FROM- +9549549544 T-253 P.06 F-919 STATE OF FLORIDA ) ) ss.. COUNTY OF BROWARD ) Temp Reso ##9279 )Exhibit 2 Page 5 of 5 Revised: Feb. 23, 2001 BEFORE ME, the undersigned authority, this day personally appeared Daniel D. Weekley, President of Weekley Asphalt Paving, Inc., and acknowledged to me and before me that he executed the foregoing contract for the uses and purpose therein expressed with due authority in that behalf. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Tamarac, Broward County, Florida on this day 2Z of Feik 2001. Personally known to me Produced identification Commission Number and Expiration Date: V4.,' A - 1�-4A aa Notary Public, State of Florida at Large ✓qy¢ Teresa Patane **My Commission CC845580 N.,,V Expires July 16, 2003 02/23/01 CART 16:37 1TX/RX NO 70461 Reso. No. 9271, Exhibit # 2 Road Resurfacing Program - Phase 3 Attachment // i SEGMENT STREET FROM STREET TO STREET LENGTH WIDTH AREA MILL AREA 2801 BANYAN LN DOGWOOD CR LINDEN CR 1,245 20 2,766 2,766 2802 ELMTREE CR BANYAN LN EAST END 25 20 56 56 2804 HIGHLAND DR NW 48 AV NW 47 AV 228 24 609 0 2805 LINDEN CR BANYAN LN EAST END 255 20 567 567 2806 MONTEREY DR NW 47 TE NW 48 AV 1,054 23 2,692 0 2807 NORFOLK ISLD PINE QUEEN PALM LN QUEEN PALM LN 1,001 20 2,223 2,223 2808 NW 43 AV NW 45 ST NW 46 ST 729 20 1,621 0 2809 NW 43 TE NW 45 CT NW 45 ST 486 19.6 1,059 0 2810 NW 44 CT NW 46 WY NW 48 AV 1,282 19.6 2,793 0 2811 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 767 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 2,223 23 5,680 0 3005 NW 46 TE NW 46 ST NW 45 CT 200 19.6 435 0 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 MONTEREY DR NW 45 CT 606 19 1,278 0 3012 NW 47 TE MONTEREY DR NW 49 CT 1,818 30 6,060 0 3013 NW 48 AV MONTEREY DR NW 44 ST 669 19.2 1,428 0 3014 NW 48 TE NW 49 PL 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 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 185 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 51 CT SOUTH END 1,784 20 3,965 0 3026 NW 49 TE NW 53 CT NW 55 ST 616 20 1 1,369 0 3027 NW 49 WY NW 55 ST NW 53 ST 818 20 1,817 0 3028 NW 50 AV COMMERCIAL 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 0 3036 NW 51 CT NW 50 AV NW 49 RD 564 19.4 1,215 0 3037 NW 51 CT NW 50 AV NW 51 AV 407 19.4 878 0 3038 NW 51 ST NW 51 AV NW 50 AV 407 20 903 0 3039 NW 52 CT NW 49 AV NW 50 AV 856 21 1,998 0 2/8/01 Read Resurfacing N 2 Reso. No. 9271, Exhibit # 2 Road Resurfacing Program - Phase 3 SEGMENT STREET FROM STREET TO STREET LENGTH WIDTH AREA MILL AREA 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 0 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 CT 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 PINE ISLAND RD 276 20 614 614 3056 NW 57 LN PINE ISLAND RD NW 87 TE 270 20 601 601 3057 NW 57 PL NW 84 AV NW 82 AV 737 20 1,638 1,638 3058 NW 58 CT NW 67 AV NW 69 AV 1,085 20 2,411 0 3060 NW 58 CT NW 81 AV NW 82 AV 348 119.1 4,601 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 1,955 0 3063 NW 58 PL NW 84 TE NW 84 AV 230 20 512 512 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 NW 58 ST NW 66 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 15.2 2,681 0 3072 NW 59 CT NW 84 TE NW 87 AV 1,135 15.2 1,917 0 3073 NW 59 PL 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 0 3076 NW 59 ST 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 1,577 22.1 3,872 0 3080 NW 61 ST UNIVERSITY DR NW 84 TE 3,795 22.1 9,319 0 3081 NW 63 CT NW 70 AV EAST END 459 20 1,020 0 3082 NW 63 CT NW 71 AV EAST END 150 20 334 0 3083 NW 63 ST NW 70 AV EAST END 440 21 1,026 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 3086 NW 64 ST BROOKWOOD BV NW 72 AV 231 20 513 0 3087 NW 64 ST NW 70 AV EAST END 642 20 1,427 0 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 0 3090 NW 65 AV NW 57 CT NW 58 ST 547 20 1,216 0 3091 NW 65 ST BROOKWOOD BV NW 74 AV 384 20 853 0 3092 NW 65 TE NW 57 CT NW 58 ST 545 20 1,212 0 2/8/01 �Y v Reso. No. 9271, Exhibit # 2 Road Resurfacing Program - Phase 3 SEGMENT STREET FROM STREET TO STREET LENGTH WIDTH AREA MILL -AREA 3093 NW 65 WY NW 57 CT NW 58 ST 543 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 TE NW 57 CT NW 58 ST 540 20 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 3099 NW 67 AV NW 57 CT NW 58 CT 535 24 1,425 0 3100 NW 67 AV NW 76 ST NW 75 ST 582 20 1,294 0 3101 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 0 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 NW 75 ST 578 20 1,284 0 3107 NW 68 AV NW 78 ST NW 80 CT 1,384 22 3,383 0 3108 NW 68 AV NW 81 ST NW 84 ST 1,444 22 3,529 0 3109 NW 68 ST 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 58 CT 188 20 418 0 3116 NW 69 AV NW 71 ST NW 73 ST 528 20 1,173 0 3117 NW 69 AV NW 80 ST NW 79 ST 267 22 654 0 3118 NW 69 TE NW 78 CT NW 78 ST 641 22 1,567 0 3119 NW 69 TE NW 78 CT NW 80 ST 571 22 1,395 0 3120 NW 70 AV MCNAB RD ENTRANCE 613 31 2,112 0 3121 NW 70 CT NW 68 AV NW 67 AV 625 20 1,389 0 3122 NW 70 CT NW 98 TE NW 97 AV 604 22 1,477 0 3123 NW 70 PL 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 3125 NW 70 ST NW 91 TE NW 91 AV 222 22 544 0 3126 NW 70 ST NW 93 AV NW 92 TE 249 22 668 0 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 97 AV 588 22 1,437 0 3130 NW 70 ST NW 99 AV NW 99 WY 266 22 651 0 3131 NW 70 TE NW 76 ST NW 74 PL 604 20 1,343 0 3132 NW 70 TE NW 78 ST NW 71 AV 562 20 1,248 0 3133 NW 71 AV NW 68 ST 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 0 3136 NW 71 AV NW 79 ST NW 78 ST 660 19.4 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 68 AV NW 66 TE 702 20 1,561 0 31401 NW 71 ST NW 98 TE NW 97 AV 565 22 1,381 0 2/8/01 Reso. No. 9271, Exhibit # 2 Road Resurfacing Program - Phase 3 SEGMENT STREET FROM STREET TO STREET LENGTH WIDTH AREA MILL -AREA 3141 NW 71 ST NW 99 WY NW 99 AV 320 22 781 0 3142 NW 72 AV NW 63 ST NORTH END 371 24 990 0 3143 NW 72 AV NW 64 ST 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 NW 80 ST 1,188 20 2,640 0 3147 NW 72 AV NW 80 PL NW 83 ST 1,526 22 3,730 0 3148 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 68 AV NW 66 TE 638 20 1,417 0 3152 NW 72 ST WESTWOOD DR NW 94 WY 897 22 2,192 0 3153 NW 72 TE NW 74 PL NW 75 CT 336 20 747 0 3154 NW 73 AV NW 63 ST NORTH END 367 24 978 0 3155 NW 73 AV NW 78 ST NW 80 ST 1,173 20 2,607 0 3156 NW 73 AV NW 80 PL NW 84 ST 1,774 21.6 4,258 0 3157 NW 73 CT NW 96 AV NW 94 WY 684 22 1,672 0 3158 NW 73 ST WESTWOOD DR NW 94 WY 951 21.6 2,282 0 3159 NW 73 TE NW 77 ST NW 76 DR 445 20 989 0 3160 NW 73 TE NW 77 ST NW 80 ST 1,441 20 3,201 0 3161 NW 73 TE NW 81 ST NW 84 ST 1,639 21.5 3,916 0 3162 NW 74 AV NW 63 ST NW 68 ST 2,061 20 4,581 0 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 3165 NW 74 AV NW 81 ST NW 84 ST 1,639 21.5 3,916 0 3166 NW 74 CT WESTWOOD DR NW 94 WY 711 22 1,738 0 3169 NW 74 PL NW 74 CT NW 94 AV 528 21.6 1,268 0 3170 NW 74 ST NW 74 ST NORTH END 69 22 169 0 3171 NW 74 ST NW 94 WY NW 94 AV 534 22 1,306 0 3173 NW 74 TE NW 77 ST NW 78 CT 573 19 1,210 0 3174 NW 74 TE NW 79 ST NW 84 ST 2,946 20.6 6,743 0 3175 NW 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 NW 75 CT NW 69 AV NW 68 AV 429 20 952 0 3178 NW 75 DR NW 69 AV NW 68 AV 440 20 978 0 3180 NW 75 ST NW 72 AV NW 71 AV 326 20 725 0 3182 NW 76 DR NW 74 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 22.1 674 0 3185 NW 78 CT NW 74 TE NW 75 AV 254 20 564 0 3186 NW 78 ST NW 67 AV NW 66 TE 249 22 608 0 3191 NW 78 ST NW 68 TE NW 68 AV 256 22 625 0 3192 NW 78 ST NW 70 AV NW 69 TE 203 21.6 487 0 3193 NW 78 ST NW 71 AV NW 70 TE 309 20 687 0 3194 NW 78 ST NW 73 AV NW 72 AV 248 19 524 0 3195 NW 79 ST NW 70 AV NW 75 AV 1,721 20 3,825 0 3196 NW 80 AV NW 69 TE NW 69 AV 200 22 488 0 31971 NW 80 CT INW 67 AV INW 66 TE 248 22 606 0 2/8101 Reso. No. 9271, Exhibit # 2 Road Resurfacing Program - Phase 3 SEGMENT STREET FROM -STREET TO STREET LENGTH WIDTH 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 NW 75 AV NW 74 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 80 ST NW 73 AV NW 72 AV 256 19 541 0 3204 NW 80 ST NW 74 AV NW 73 TE 248 19 524 0 3206 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 20 754 0 3207 NW 81 CT NW 70 AV NW 68 TE 537 24 1,432 0 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 END 272 21 634 0 3214 NW 81 ST NW 74 AV NW 73 TE 256 21 596 0 3215 NW 81 TE NW 57 CT NW 58 CT 734 20 1,631 0 3216 NW 82 AV NW 57 CT NW 58 PL 929 20 2,064 0 3217 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 3219 NW 83 AV NW 57 CT NW 57 PL 192 20 427 0 3220 NW 83 AV NW 58 CT NW 58 PL 229 20 508 0 3221 NW 83 AV NW 59 ST NW 59 PL 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 24 971 0 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 22 663 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 3233 NW 87 AV NW 57 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 3238 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 91 TE NW 70 PL NORTH END 270 22 660 0 3241 NW 91 TE NW 70 PL NW 70 ST 288 22 703 0 3242 NW 92 AV MCNAB RD NW 70 PL 504 22 1,231 0 3243 NW 92 TE NW 70 PL NW 70 ST 334 21 779 0 3244 NW 93 AV NW 70 PL NW 70 ST 377 21.6 905 0 3245 NW 93 TE NW 94 AV NW 94 AV 603 24 1,609 0 32461 NW 94 AV MCNAB RD INW 70 PL 694 21.6 1,665 0 2/8/01 Read Resurfacing F Reso. No. 9271, Exhibit # 2 roject -Phase 3 Legend Road Resurfacing Schedule Not In ContracVPrivate N Resurfaced Phase 3 Phase 4 Phase b Iatricts 1 2 3 4 m ► .• �L�u-1F ia: ca rein � _.._-�__• _.- , . __ _ .:.. _ • _. .. _ .:' • -- - •• Te Beso. #92%1 • �-��� t ..3 . • mp Exhihi•- a .r we.ekle as -.P_9 avin :...... - Y -._ .. .--..._.... � P.O. Bali 92007.0 + SOUTHFLOF#IDA.�FLdAIDA 33082-00�0 City of Tamarac :...... -:. 6011 Nob M Ruad Tamarac; 71. 3332-1-2401 A_ tt: Mark A. •Greenspan .Assistant -Director of Public Works . ^ February 1, -2Q0.1 Cite of Tamarac Road Resurfacing program Phase 3 - .. - rojdmate _quantities. anal costs for attached Phase 3 Following are app _ .. ..._ ..__..-APPRUX-•:-.. -. = _UNIT ..: __.. . ITEM DESCRiP'I'IDN. _ .. _... .Y ... _ - QUANTITY UNIT --PRICE,- TOTAL I Leveling-Gvurse Asphalt Type S3 5200 - . ..... --TN ... $39.64 $206;IZ8.0o :. 2 Surface Course Asphalt Type S3 I" or 2" . .2.08.3...... 0 TN : $39.64 $825;7$0.00 3 Crack 5ealiag-:. 0 __:_LF .. $2.00 $oAo _ EA $2- 500.00 $,12j5Q0.00 4 Mobilization per MHlirig _ ....5 _ 11 - - . 16S05 . _ . - - •• SY $1.30. _ $Z1,456:50 - S Milling I Asphalt - 6 .TaclrCoat 16837:GA $o:L2 _ $2,029•44 ' .7 Prime Coat 0._ 0 00 S Clean. Sand - 0 SY $0.03 $ $o.00 .9_ Driveway Adjust by cut and match., v. EA . $10A0 . 10 SanitarySewer.Adjust I' Riser b44 :. :_ _ .EA-._ $1D0:00 $64,400:00 I 1 Sanitary Sewer Adjust by Milling._.: 97 FA . $1b.5� $1 r600:50• -•12 Rater Valve Adjust 81 EA_ $25.00 . - . $2,02 . . _ ... - 4784 _LF . $0:oi $47.84 .13- Edging of Grass o _ ..- : PH - $4S.00 T. $0.00 14.540eying I S Striping 4 Double Yellow Solid _. _ 16 Striping 6" Double.. Yellow Solid: _ 42311 LF $O:Sb $36,387.46 i 7 Striping I2"' Wide R�hite-Solid . -.. `.84S I _ LF.... $1•.37 _ . $11;S77-$% i 8 . Striping '6'.' Wide:Yellow Solid : :.. 4033 - : - - LF. _ $ I,734.I9 . 19 Symbol Pavement Markk. ng o EA . $74.00 20 Messages • • 0. EA _ $74.00. 21 4" . 'Wide Tempoiary- Paurt. _ . 0 . - -LF' . . _ . . - . ... _ $0:00 . . :1 •Reflectfve'Pavement.Marker - - • 9S8 EA $3:So $3;640.40 _ ... 0.... LF --- .$2.05 ....... Z3 -Striping I8" Yellaw- • ...: . 1 - LS $500000-00 Q 24 Bituminous Adjustment - - $1,239,219.40 TOTAL' OTAL Above •estimate is based on quantities given -and are coin tidewd approidmate. Payment according -to. actual field measurements. ----... ... �_.y.....vra nwnersnalc�s.;t33..FAX1954)389-5127'