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City of Tamarac Resolution R-97-247
Temp. Reso. #7990 Page 1 10/1 /97 Revision #1 — 10/6197 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-97- a? 4 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING CERTAIN STREETS FOR RESURFACING; APPROVING THE AGREEMENT TO AWARD THE RESURFACING CONTRACT TO PAVEX CORPORATION IN AN AMOUNT NOT TO EXCEED $304,508.88; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the streets in the City have not been rehabilitated systematically in several years; and WHEREAS, at the direction of the City Commission, the Director of Public Works identified streets that could be resurfaced without a comprehensive street evaluation study, the list attached hereto as Exhibit "'I"; and WHEREAS, the City Commission instructed the staff to seek a contract pursuant to Section 6-155 of the City Code to investigate a paving contract used by other local municipality; and WHEREAS, Section 6-155 of the City Code allows the Purchasing Officer to waive purchasing procedures for all supplies, materials and equipment which are the subject of contracts with other governmental agencies; and Temp. Reso. #7990 Page 2 10/1 /97 Revision #1 — 10/6/97 WHEREAS, after reviewing the bids, prices, quality of work and reference checks, the Purchasing Officer and Director of Public Works recommend that the City award the resurfacing contract consistent with Bid No. 97-B-142F of the City of Coral Springs and the Agreement attached hereto as Exhibit "2", to Pavex Corporation, Pompano Beach, Florida, in an amount not to exceed $304,508.88; 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 approve the listed streets and approve the Agreement for the award of resurfacing contract to Pavex Corporation, Pompano Beach, Florida, in an amount not to exceed $304,508.88. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The list of streets to be resurfaced and identified in Exhibit "1" is HEREBY APPROVED. Temp. Reso. #7990 Page 3 10/1/97 Revision #1—10/6/97 SECTION 3: The Agreement, attached hereto as Exhibit 11211, awarding resurfacing contract to Pavex Corporation, Pompano Beach, Florida, in an amount not to exceed $304,508,88 is HEREBY APPROVED. SECTION 4: The City Manager or his designee is HEREBY AUTHORIZED to approve change orders in the amount of $30,451.00 which represents 10% of the contract amount. SECTION 5: 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 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. 1 SECTION 8 passage and adoption. Temp. Reso. #7990 Page 4 10/1 /97 Revision #1—10/6/97 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 13 1 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I approved this RESaUTION as to form. MITCHELU CITY ATT Agenda mtg 10/8/97-bl 1 I WA day of Q997. w "Omzz �' JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR __. SCHREIBER DIST 1: COMM. MCKAYE DIST 2: V/M MISHKIN DIST 3: COMM. SULTANOF DIST 4.' — C MM. ROBERTS • Im, • CL CL� .N C .� N C .N N C .N N C .N N C .N j rn C tm C CA CA CO ao 00 co L L L L L L ICU d (a a m U m U M U t0 U Cif U m U N r- `- r (01 N N N N N O O C0 C? a 0 0 0 0 O O C] (D 0 0 n C0 O %w to M r C5 i N 'tf r N N N N (V t- r r C) r- r r Co C7 [p O r N M f- r M N 00 00 to r CO CO 00 ti M 00 (D O r (D N [� O n O 0 O C) O to 0D M N 00 O O a O 0 O C] f,- C O N N Q w O w 0 w O 00 O C] 0 O CO CO I- N I M M r to f— to to ct U7 N N N N CO M F- F- F- I-- I- 6 ce) to ce) to (D to f� LID .� ` ❑ Oo N m N co N O to o> Nr co j "T to N j to Nr to to M v to NrF. 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Z Z Z Z Z Z Z Z Z Z Z 6 k 4 It • �l • CA `mm i� C] Q a a C7 0 Q a a s N a a a M Q N ti 1q) v�,a N r r r to N r r M (N1- 0) N r N r N r Q r r (7 r r r w a r (y 00 I -- LO a00 r C7 h T, Q r u7 m Q Nr a Q s a a a C7 Q 0 L,- a a r O O N u7 a t[) a U7 Q LO v a w v N N un m m ti I,-O r` o U U i a a ro ' F- U) w p U 0 c r- �� M r- r- ti ti r-��� r- O a ZZZZZZZZZZZZUZZZ cn cn cn U cn cn ❑ ❑ ❑ U ¢ Q ¢ Q ¢ ¢ V a' f� ti t` ti ti N Q � ti f• ti (D n (D ti (D ti (D h rn (D c� ti a (D rn (p c� O) rn (D r M . Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z iv ¢ ¢ Q Q ¢LU a. ❑ U u) u) u) ¢ a y t` Q CO (D Q (D (3) (D Q (D a CO r n N ti N I- N (D r- (D N N 00 CO 00 CO a}}0 � I co r O) r� Z Z Z Z Z Z Z Z Z Z Z Z Z Z l Z • EXHIBIT "2" — TEMP RESO #7990 Revision #1 — 10/06/97 Revision # 2 — 10/06/97 Revision # 3 — 10/07/97 AGREEMENT THIS AGREEMENT is entered into on October 8 , 1997, between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88t" Avenue, Tamarac, Florida 33321 ("the Cit ") and Pavex Corporation, a Florida corporation with principal offices located at 2501 N.W. 48 Street, Pompano Beach, Florida, 33073 ("Contractor'), for the purpose of resurfacing of streets within the City of Tamarac. The parties hereby agree to the following terms and conditions: In return for valuable consideration, Contractor shall comply with the terms and conditions contained within Coral Springs Bid 97-B-142F Roadway Resurfacing/Striping, attached hereto as Exhibit A. All terms and conditions of Coral Springs Bid 97-B-142F/ contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the terms and conditions specific to the City of Tamarac as set forth in Exhibit B incorporated herein as if set forth in full. Upon execution of this Agreement, all references made to Coral Springs in Exhibits A and B shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibits A and B shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "Coral Springs" appear it shall be read as "Tamarac". This agreement and attached Exhibits A and B constitute the entire agreement between the City and Contractor. Remaining page intentionally left blank Page 1 of 2 • b� EXHIBIT "2" — TEMP RESO #7990 Revision #1 — 10/06/97 Revision # 2 — 10106/97 Revision # 3—10/07/97 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under. each Ci y of Tamarac, through its Mayor, and Pavex Corporation through 01 , duly authorized to execute same. ATTEST: Carol Evans, City Clerk Date: October 8, 1997 sufficiency: WITNESS: Approved as to form and Legal sufficiency: nPage 2 of 2 CITY OF TAMARAC By: Joe Schreiber, Mayor Da e: October 8, 1997 -nve Robert S. Noe, Jr. City Manager Date: October 8 1997 Approved as to �rm and legal Mitc'tteIAS. Kr*,, ity Attorney PAVEX CORPORATION A Florida Corporation b O By: 0=V �rA I I = n �r-v� Type/print PRESIDENT Date: �0 'd 9W bEL V96 'ON xv. OdMVi . O AJ.IO U 8b:OO 101 L6-LO-100 L_ r� r� EXHIBIT "A" TEMP. RESO #7990 BID 97-B-142F ROADWAY RESURFACING /STRIPING r()jw_L SP_k_fATGS [IT BID TO: CITY OF CORAL SPRINGS, FLORIDA �; C )F CORAL SPRINGS 5 LASING DIVISION INVITATION TO BID 7±ST SAMPLE ROAD Bidder Acknowledgement .SPRINGS, FLORIDA 33065 .GENERAL CONDMONS- INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF CORAL SPRINGS. THE CITY OF SPRINGS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY &,TING SUCH CHANGE IN SPECLAL INSTRUCTIONSTO BIDDERS OR IN THE BID SHEETS, ANY AND ALL SPECIAL CONDITIONS THAT MAY 'EOM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS �TTON FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER ;DLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER ACKNOWLEDGMENT MUST BE SIGNED AND RETURNED WITH YOUR. BID D BIDS: This form must be executed and submitted with all Bid a a sealed envelope. The face of the envelope shall contain the above , the date and the time of Bid opening, and Bid number. Bids not :d on attached Bid form may be rejected. All Bids are subjected to the ,na specified herein. Those which do not comply with these conditions ect to rejection. ROADWAY RESURFACING/STRIPING _R: 97•B• 1 »2F BE OPENED 2:OOom .E5 &-25/37 t oe wimdrawn luring trio 9C calendar days ucn date and time. NG AGENT (NAME 9, '-ELEPHONE N0.): K.(95a)34a-ltpt :CT LEGAL N s ME OF BIDDER: PAVEX CORPORATION 7 JRE Oft BID P - 77H IZa AANT: )/PRINTED NAME OF BODY CALIIIGUIRE PR ' IZED AGENT: VICE PRESIDENT . Xt 6N;i1hJ.1 I 1mg i1. 1 y is se =NO.: q<_b�I-AZ6-8"71Z ,, L ID NO, OR SOCIAL SECURITY NO.OF BIDDER: - Zo,2 8z1i9 ' that this Bid Acknowledgement is trade without prior understanding. ent, or connection with any corporation, firm or person submitting a the same commodities/scrvices, and is to all respects fair and without m or fraud. 1 agree to abide by all conditions of this Bid and certify m authotued to sign this Bid for the Bidder. By signature on this ldder acknowledges and accepts without limitation, pages I through sive of the Invitation to Bid as well as any special instructions if .3le. INSTRUCTIONS TO BIDDERS: 1. DEFINED TERMS 1.1 Terms used in these Instructions to Bidders are defined and have the meanings assigned to them. The term 'Bidder" means one who submits a Bid directly to CITY, as distinct from a sub -bidder, who submits a Bid to the Bidder. The term 'Successful Bidder' means the lowest, responsible and responsive Bidder to whom CITY (on the basis of CITY'S evaluation as hereinafter provided) makes an award. The term 'CITY' refers to the CITY of Coral Springs, it municipal corporation of the State of Florida. T he term 'Bid Documents' includes the Invitation to Bid, Instructions to Bidders, Special Conditions, the Bid Form, Non -Collusive Affidavit, Public Entity Crimes Form, Certificate(s) of Insurance if required, Payment & Payment Bonds if required, Corporate Resolution, Bid Security if required, and the proposed Contract Documents, if any, including all Addends issued prior to receipt of Bids. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of Bid Documents must be used in preparing Bids; CITY does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid 'Documents. CITY, in malting copies of Bid Documents aysilablt does so only for the purpose of obtaining Bids and does nut-on.fer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 No Bid will be accepted from, nor will any contract be awarded to, any person,'who is in arrears to the CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to CITY, or who is deemed irresponsible or unreliable by the CITY. 3.2 As a part of the Bid evaluation process, CITY may conduct a background investigation including a record check by the Coral Springs Police Department. Bidder's submission of a Bid constitutes acknowledgement of the process and consent to such investigation. CITY shall be the sole judge in determining Bidder's qualifications. 4. EXAMINATION OF BID DOCUMENTS 4.1 Before submitting a Bid, each Bidder must (a) examine the Bid Documents thoroughly; (b) consider federal, state and local taws, ordinances, rules and regulations that may in any manner affect cost, progress, perforrnance, or provision, of the commodities and/or services; Cc) study and carefully correlate Bidder's observations with the Bid Documents; and (d) notify CrrY'S purchasing Division of all conflicts, errors, and discrepancies in the Bid Documents. 4.2 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has compiled with every requirement of this Article 4, that without exception the Bid is premised upon performing the services and/or furnishing the commodities and materials and such means, methods, techniques, sequences or procedures as may be indicated in or required by the Bid Documents, and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 5. SPECiF1CAT1ONS 5.1 The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this statement. 5.2 For the purpose of evaluation, the Bidder must indi:atc an}' variance or exceptions to the stated Specifications, no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. 5.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers used herein are for the purpose of describing and establishing a general standard of qualify, performance and characteristics and are not intended to limit or restrict competition. The Bidder may offer any brand which meets or exceeds the Specifications for any ifem(s). If Bids arc based on equivalent products, indicate on the Bid Form the manufa:turer's name and catalog number. Bidder shall submit with his Bid complete, descriptive literature andior Specifications. The Bidder should also explain in detail the reason(s) why and submit proof that the proposed equivalent will meet the Specifications and not be considered an exception thereto. Tee determination of equivalency shall rest solely with the CITY. if Bidder fails to name a substitute, it will be assumed that Bidder is bidding on and will be required to furnish commodities identical to Bid standards. 6. INTERPRETATIONS AND ADDENDA 6.1 To ensure fair consideration for all Bidders, CITY prohihits communication to or with any department, ofil.Wr or errtploycc during the submission process except as provided in Para,raph Mow. 6.2 If the Bidder should be in doubt as to the meaning of any of the Bid Documents, or is of the opinion that the plans and/or Specifications contain errors, contradictions or reflect omissions, Bidder shall submit a written request directed to the Purchasing Division to be forwarded to the appropriate person or department for interpretation or clarification. Interpretations or clarifications deemed necessary by the Purchasing Division in response to such questions will be issued in the form of written addenda, mailed to all parties recorded by CITY'S Purchasing Division as having 41 received the Bid Documents. The issuance of a written addendum by the Purchasing Division shall be the only official method whereby such an interpretation or clarification will be made. 7. PRICES BiD 7.1 Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. 7,2 Discrepancies in the multiplication of units of wort and unit will be resolved in favor of the unit prices. Discrepar._ies br the indicated sum of any column of figures and the torte thereof will be resolved in favor of the correct sum. 7.3 All applicable discounts shall be included in the Bid pri materials and services and will be considered as deter factors in recommending an award in tale of tie bids. pit extended to CITY shall include but not be limited to discounts normally extended to governmental agencies as the privau: sector. 7.4 Chain discounts art not acceptable and will not be considt determining an award. Bidden may bid only one (1) disco each item on the Bid Form. Firm discounts and prices an quoted for the term of the Contract. 7.5 Bidder warrants by virtue of bidding that prices, tern conditions in the Bid will be firm for acceptance for a pe: Ninety (90) calendar days from the date of Bid opening otherwise stated by the CITY. 7.6 The bid price shall include all permit fees, royalties, licen: and other costs arising from the use of such design, dcN materials in any way involved in the work as well as ail c pa, aging, transporting and delivery to the designated I( within the Cite of Coral Springs. 8, OCCUPY T InN AL HL-ALTN .4ND SAFETY 8A In compliance with Chapter 442, Florida Statutes, any substan:e listed in Section 38F-41.03 of the Florida Admini! Code delivered as a result of this Bid must be accompanie Material Safety Data Sheet (h1SDS) which may be obtaine the manufacturer. The MSDS must include the fol information: 8.1.1 The chemical name and the common name of the to substance. 8.1,2 The hazards or other risks in the use of the toxic tub including: (a) The potential for fire, explosion, corrosivity and rcacti% (b) The known acute and chronic health effects of risk exposure, including the medical conditions which are ge recognized as being aggravated by exposure to the toxic sub and (c) The primary routes of entry and symptoms of overexpc 8.1.3 The proper precautions, handling practices, net personal protection equipment, and other safety precaution: use of or exposure to the toxic substances, including appr emergency treatment in case of exposure. 8.1 .4 The emergency procedure for spills, fire, disposal at aid. 8,1 .5 A description in lay terms of the known specific pi health risks posed by the toxic substance intended to sit person reading this information- 8 - 1 6 The year and month, if available, that the informa►i• compiled and the name, address, and emergeneytelephone r of the manufacturer responsible for preparing the informati JBMISSION OF 13IDS 11.2 1f, within twenty-four (24) hours attar Bids are opened, any Bidder files a duly signed, wrineo notice with Cr Y and within five (5) 1 Bids shall be submitted at or before the time and at the place calendar days thereafter demonstrates to the reasonable satisfaction indicated in the Invitation to Bid and shall be submitted in a sealed of CITY by clear and convincing evidence that there was a envelope. The envelope shall be clearly narked on the exterior material and substantial mistake in the preparation of its Bid, or BID FOR (PROJECT TITLE) FOR THE CITY OF CORAL, that the mistake is clearly evident on the face of the Bid but the SPRINGS, FLORIDA. OPEN (insert date given in Invitation to intended correct Bid is not similarly evident, then Bidder may Bid)' and shall state the name and address of the Bidder and shall withdraw its Bid and the Bid Security will be returned. be accompanied by any other required documents. No responsibility will attach to the Purchasing Division for the 12. REJECTION OF BIDS premature opening of a Bid not properly addressed and identified. 12.1 To the extent permitted by applicable state and federal laws and Bids must be typed or printed in ink. Use of erasable ink is not regulations, CITY reserves the right to reject any and all Bids, to permitted. All blanks on the Bid Form must be completed. waive any and all inforrnalitias, irregularities and technicalities not Names must be typed or printed below the signature. Facsimile involving price, time or changes in the commodities and/or bids will not be accepted. services, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Bids will be In accordance with Chapter 119 of the Florida Statutes (Public considered irregular and may be rejected, if they show serious Records law), and except as may be provided by other applicable omissions, alterations in form, additions not called for, conditions state and federal law, all Bidders should be aware that the or unauthorized alterations, or irregularities of any kind. Invitation to Bid and the responses thereto are in the public domain. However, the Bidders are requested to identify 12.2 CITY reserves the right to reject the Bid of any Bidder if CITY ecm it=ally any information contained in their bids which they believes that it would not be in the beat interest of CITY to make consider confidential and/or proprietary and which they believe to an award to that Bidder, whether because the Bid is not responsive be exempt from disclosure, citing specifically the applicable or the Bidder is unqualified or of doubtful financial ability or fails exempting law. to meet any other pertinent standard or criteria established by CITY. 3 All Rids received from Bidders in response to the Invitation to Bid will become the property of the CITY and will not be returned to 12.3 More than one Bid received for the same work from an individual, the Bidders. In the event of contract award, all documentation firm, partnership, corporation or association under the same or produced as part of the contract shall become the exclusive different names will not be considered. Reasonable grounds for property of the CITY. believing that any Bidder is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the 5 The submitted Bid shall constitute a firm offer on the pan of the Bidder to furnish the commodities and/or services requested. Bidder is interested. If there are reasonable grounds for believing that collusion exists among the Bidders, the Bids of participants in such collusion will not be considered. TD FORMS 12.4 The foregoing reasons for rejection of Bids are not intended to be 1 The Bid Form is included with the Bid Documents and must he exhaustive. used by the Bidder. Failure to do so .may cause the Bid to he rejected. The forms must be submitted in good order and all 13. OPENING OF BIDS blanks must be completed. 13.1 Bids will be opened publicly on the date and at the location and The Bid must be signed by one duly authorized to do so; and in time specified in the Invitation to Bid. Bids will be read aloud and cases where the Bid is signed by a deputy or subordinate, the an abstract of the amount of the Base aids will be made available principal's proper written authority to such deputy or subordinate after the opening of the Bid. must accompany the Bid. 14. BIDS TO REMAIN OPEN .3 Bids by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence 14.1 All Bids shall remain open for Ninety (90) calendar days after the of authority to sign. The corporate address and stale of day of the Bid opening, but CITY may, at its sole discretion. incorporation must be shown below the signature. release any Bid and rctum the Bid Security prior to that date. A Bids by partnerships must be executed in the partnership name and 14.2 Extensions of time when Bids shall remain open beyond the signed by a general pnner, whose title must appear under the Ninety (90) day period may be trnade only by mutual written signature and the ofricial address of the partnership must be shown agreement between the CITY, the Successful Bidder, and the below the signature, surety, if any, for the Successful Bidder. 1O0MCAT1ON AND WITHDRAWAL OF BIDS 15. AWARD OF CONTRACT ..1 Bids may be modified or withdrawn by an appropriate doeutnent 15.1 If the Contract is to be awarded, it will be awarded to the lowest, duly executed (in the manner that a Bid must be executed) and responsible and responsive Bidder for the Base Bid whose dclivercd to the place where Bids are to be submitted at any time evaluation by CITY indicates to CITY that the award will be in the prior to the deadline for submitting Bids. A request for withdrawal best interests of the CITY. or a modification must be in writing and signed by a person duly authorized to do so, and, in a case where signed by a deputy or 15.2 Criteria utilized by CITY for detertnining the lowest, responsible subordinate, the principal's proper written authority to such deputy and responsive Bidder includes, but is not limited to the following: or subordinate must accompany the request for withdrawal or modification. Withdrawal of a Bid will not prejudice the rights of (a) Ability of Bidder to meet published Specifications. a Bidder to submit a new Bid prior to the bid date and lime, After expiration of the period for receiving Bids, no Bid may be (b) Bidder's experience and references, including but not limited withdrawn or modified. to, the reputation, integrity, character, efGciesacy, experience. skill. ability and business judgment of the Bidder, the quality of 18. TAXQ petformance of Bidder under previous contracts, any sub- cortractors and other persons providing labor or materials to 18.1 The Successful Bidder shall pay all applicable sales, concur Bidder. and other similar taxes required by law. (c) Bidder's qualifications and capabilities, including but not 19. AUDIT RIGHTS limited to, the sire, financial history, strength and nubility of the business to perform the work of the Contract, the possession of 19.1 The CrfY reserve the right to audit the records of the Sue nsceaaaty facilities and equipment and the quality, availability and Bidder for the commodities and/or services provided urtt adaptability thereof to the particular use(s) required. contract at any time during the performance and term Contract and for a period of three (3) years after completi (d) Whether Bidder can perform the Contract promptly or within acceptance by the CITY. If required by the CITY, the Sue the time specified, without delay or interference. Bidder agrees to submit to an audit by as independent a public accountant selected by the CITY. The Successful (e) Previous and existing compliance by Bidder with laws, shall allow the CITY to inspect, examine and review the t ordinances and regulations relating to the commodities or services. of the Successful Bidder at any and all times during business hours during the term of the Contract. (I) Price. 20. CONFLICT OF INTEREST 15.9 If applicable, the Bidder to whom award in made shall execute a written Contract prior to award by the City Commission. If the 20.1 The award hereunder is subject to the provisions of Chapt, Bidder to whom the first award is made fails to enter into a Florida Statute&. Bidders must disclose with their Bid, the Contract as herein provided, the Contract may be let to the next of any officer, director, partner, proprietor, associate or age lowest Bidder who is responsible and responsive in the opinion of is also a public officer or employee of the CITY or any the CITY. agencies. Further, all Bidders must disclose the name public officer or employee of the CITY who owns, direr 16. OPEN-END CONTRACT indirectly, an interest of five percent (5 %) or more in the Bi firm or any of its branches or affiliate companies. 16.1 No guarantee is expressed or implied as to the total quantity of cornmoditieslservicesto be purchased under any open end contract. 21. NON-COLLUSTVE AFFIDAVIT AND_PUBLIC ENTITY Estimated quantities will be used for bid comparison purposes CRIMES FORM only. The CITY reserves the right to issue purchase orders as and when required, or, issue a blanket purchase order for individual agencies and release partial quantities or, any combination of the 21,1 Each Bidder &hall complete the Non -Collusive Affidavit and Entity Crimes Form included with the Bid Form, and shall preceding. the forms with the Bid. CITY considers the failure of the to submit these documents to be s major irregularity and t 16.2 ORDERING: The CITY reserves the right to purchase cause for rejection of the Bid. commodities/servieesspecified herein through contracts cstahlishad by other governmental agencies or through separate procurement 22. SUMMARY OF QQCUMENTS TO BE SUB_M1 TED BY BID_ actions due to unique or special needs. if an urgent delivery is required, within a shorter period than the delivery time specified 22.I The following is a summary of documents, copies of whit in the contract and if the seller is unable to comply therewith, the he included in the Bid Documents, which are to be comply: CTrY reserves the right to obtain such delivery from others submitted by Bidders: without penalty or prejudice to the CITY or to the Bidder. (a) Bidder Acknowledgement 163 CONTRACT PERIOD: The initial contract period shall start with (b) Bid Form the expiration date of the previous contract or date of award, (c) Non -Collusive Affidavit whichever is latest, and shall terminate one (1) year from that date. (d) Sworn Statement Regarding Public Entity Crimes The CITY may renew this contract for two (2) one (1) year periods (F.S., 287,133(3)(a)] subject to Bidder acceptance, satisfactory performance and (e) Certified Resolution or other duly executed document determination that renewal will be in the best interest of the CITY. evidencing authority to sign on behalf of the Bidder All prices, terms and conditions shall remain firm for the initial (q Qualifications Statement if required by the Special Con period of the contract and for any renewal period unless subject to (g) Bid Security, if required by the Special Conditions price adjustment specified as ■ "special condition' hereto. (h) Certifteate(s) of Insurance, if required by the Special Conditions 17. INSURANCE (i) Cenification of Non -Segregated Facilities, if required b Special Conditions 17.1 The insurance requirements contained in this Bid represent the minimal protection necessary for the CITY as determined by the CTTY'S Iiisk Management Coordinator. The Successful Bidder shall be required to provide proper proof of insurance to the Purchasing Division prior to award. No award will be recommended until a written determination is made by CITY'S Risk Management Coordinator that the proof of insurance submitted by the Bidder is acceptable from a Risk Management petspective.Furthermodifications ofthe require mentsmayh; nude at the sole discretion of the CITY if circumstances warrant. • BID #97-B-142P ROADWAY RESURFACING/STRIPING TABLE OF CONTENTS INVITATION TO BID - BIDDER ACKNOWLEDGEMENT PAGES 1 THROUGH 4 INVITATION TO BID PAGE 1 OF 1 INSTRUCTIONS TO BIDDERS PAGES 1 THROUGH 12 GENERAL CONDITIONS PAGES 1 THROUGH 30 SPECIFICATIONS & REQUIREMENTS PAGES 1 THROUGH 2 BID FORM PAGES 1 THROUGH 9 CONTRACT TIME PAGE 1 OF 1 PAGE 1 OF 1 CERTIFIED RESOLUTION NON -COLLUSIVE AFFIDAVIT PAGES 1 THROUGH 2 QUALIFICATIONS STATEMENT PAGES 1 THROUGH 4 FOREIGN (NON-FLORIDA) CORPORATION FORM PAGE 1 OF 1 REFERENCES PAGE 1 OF 1 BID BOND PAGES 1 THROUGH 2 FORM OF PAYMENT BOND PAGES 1 THROUGH 3 FORM OF PERFORMANCE BOND PAGES 1 THROUGH 4 CONTRACT PAGES 1 THROUGH 5 NOTICE OF AWARD PAGES 1 THROUGH 2 NOTICE TO PROCEED PAGE 1 OF 1 FINANC1,4L R1AA'AGEAfENT DEPARTiIIENT CITY OF cowl SPRI-VG9 FLORIDA DATE: MAY 27, 1997 INVITATION TO BID ALL INTERESTED PARTIES: PURCHASING DIVISION 9551 WEST SAMPLE ROAD CORAL SPRINGS, FL 33065 TELEPHONE (954) 344-110C FAX (954) 344.1186 BID NUMBER: 97-B-142F The City of Coral Springs, Florida, hereinafter referred to as the CITY, will receive sealed Bids at the office of the Purchasing Administrator, City Hall, 9551 West Sample Road, Coral Springs, Florida 33065, for: ROADWAY RESURFACING/STRIPING Sealed Bids must be received and time stamped by the Purchasing Administrator, either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, June 25 1997. A public opening will take place at or before 2:15 p.m. in the City Commission Chambers located at City Hall on the same date. Any bids received after 2:00 p.m. focal time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bidders may inspect the applicable Bid requirements, drawings, specifications, and other contract documents at the office of: the City Engineer and/or the office of the Purchasina Administrator at 9551 West Sample Road Coral Springs, Florida 33065 954 344-1169. Job site visits may be arranged by contacting Al Pazin at (954) 344-1172. Bid documents may be obtained from the Cit 's Purchasing Administrator, 9551 West Sam le Road Coral Springs, Florida 33065 954 344-1 100 for a non- refundable fee of $50.00 per set payable in cash or check payable to the City of Coral Springs. The CITY reserves the right to reject any or all Bids, to waive any or all bids received, to re -advertise for bids or take any other such actions that may be deemed to be in the best interests of the CITY. Arthur Resnik Purchasing Agent 11 INSTRUCTIONS TO BIDDERS 1. QUALIFICATIONS OF BIDDERS 1.1 Each Bidder shall complete the Qualifications Statement and shall submit the same with the Bid. Failure to submit the Qualifications Statement and all documents required thereunder together with the Bid will constitute grounds for rejection of the Bid. 1.2 The CITY reserves the right to make a pre -award inspection of the Bidder's facilities and equipment prior to award of Agreement. 1.3 CITY reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in determining a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination. Bidder shall submit with Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify CITY immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to Bidder. 2. CONTRACT TIME 2.1 The work to be performed under the Contract shall be commenced by the date established in the Notice to Proceed. 2.2 The number of days which the work is to be completed and ready for final payment or goods are to be provided is one hundred t%Aienty (1 20) consecutive calendar days from the date of the commencement of the Contract time. 2.3 By virtue of the submission of his Bid, Bidder agrees and fully understands that the completion time of the work of the Contract is an essential and material condition of the contract and the time is of the essence. The Successful Bidder agrees that all work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. Failure to complete the work within the time period specified shall be considered a default. 3. LIQUIDATED DAMAGES FOR BREACH OF CONTRACT 3.1 The Successful Bidder agrees that, if the work, or any part thereof, is not completed within the time specified or any extension thereof, the Page 1 of 12 Successful Bidder shall be liable to the CITY in the amount of one hundred dollars ($10_ 0001 for each and every calendar day the completion of the work is delayed beyond the time provided in the Contract, as fixed and agreed upon liquidated damages and not as a penalty. CITY shall have the right to deduct from and retain out of moneys that may be then due or which may become due and payable to the Successful Bidder, the amount as such liquidated damages. See Contract Time section for additional information. 4. SPECIFICATIONS 4.1 Items shown on the Plans but not noted in the Specifications, and items noted in the Specifications but not shown on the Plans, are to be considered as both shown on the Plans and noted in the Specifications. Any errors or omissions in the Specifications or on the Plans, as to the standards of the work, shall not relieve the CONTRACTOR of the obligation to furnish a satisfactory first class job in strict conformity with the best practice found in structures or in the work of a similar type. The failure of the Bidder to direct the attention of the CITY's Purchasing Agent to errors or discrepancies will not relieve the Bidder, should Bidder be awarded the Contract, of the responsibility of performing the work to the satisfaction of the CITY. 5. SAFETY 5.1 The Successful Bidder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Successful Bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Fla Statutes Section 440.56) and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA) and its amendments. 5.2 The Successful Bidder shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to: (a) All employees on the work site and all other persons who may be affected thereby. (b) The work and all materials and equipment incorporated therein. (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not4b designated for removal, relocation or replacement in the course of the work. Page 2 of 12 6. WARRANTIES 6.1 Warrant of Title: The Successful Bidder warrants to the CITY that all goods and materials furnished under the Contract will be new unless otherwise specified and that Successful Bidder possess good, clear, and marketable title to said goods and there are no pending liens, claims or encumbrances whatsoever against said goods. All work not conforming to these requirements, including substitutions not properly approved and authorized may be considered defective. 6.2 Warranty of S ecifications: The Successful Bidder warrants that all goods, materials and workmanship furnished, whether furnished by the Successful Bidder or its sub -contractors and suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted. 6.3 Warranty of Merchantability: The Successful Bidder warrants that the goods to be supplied pursuant to the Agreement are merchantable, of good quality and free from defects, whether patent or latent in material or workmanship. SA Warranty of Material and Workmanshi The Successful Bidder warrants all material and workmanship for a minimum of one 1 year from date of completion and acceptance by the CITY. If within one 11 year after acceptance by the CITY, or within such larger period of time as may be prescribed by law any of the work is found to be defective or not in accordance with the Contract Documents, the Successful Bidder shall after receipt of a written notice from the CITY to do so, promptly correct the work unless the CITY has previously given the Successful Bidder a written acceptance of such condition. 6.5 The Successful Bidder 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. 6.6 The Successful Bidder 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. 6.7 The Successful Bidder 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 Successful Bidder is a party. 6.8 The Successful Bidder warrants that there has bean no violation of ?age 3 o- 12 copyrights or patent rights either in the United States of America or in foreign countries in connection with the work of the Contract. 6.9 All warranties made by the Successful Bidder together with service warranties and guarantees shall run to the CITY and the successors and assigns of the CITY. 7. RISK OF LOSS 7.1 The risk of loss, injury or destruction, regardless of the cause of the casualty, shall be on the Successful Bidder until the delivery of goods to the various street locations asspecified in the bid, and inspection and acceptance of the goods by CITY. Title to the goods shall pass to CITY upon delivery and acceptance by CITY. 8. PERMITS FEES AND NOTICES 8.1 The Successful Bidder shall secure all permits and licenses which may be required for the proper execution and completion of the work. The Successful Bidder shall use its best efforts to obtain all necessary permits as soon as possible after the date of Contract commencement. Any delays in obtaining permits must be brought to the attention of the Purchasing Agent without delay. 0 8.2 The Successful bidder shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. The CITY shall not be responsible for monitoring the Successful Bidder's compliance with any laws or regulations. 9. CLEANING UP 9.1 The Successful Bidder at all times shall keep the premises free from accumulation of waste materials or rubbish caused by Bidder's operations. At the completion of the work Bidder shall remove all waste materials and rubbish from and about the site as well as all tools, equipment, machinery and surplus materials and provide final cleaning and return the space to a condition suitable for use by the CITY. 10. DELAYS AND EXTENSIONS OF TIME 10.1 The Contract time may only be changed by a change order or a written amendment. Any claims for an extension or shortening of Contract time shall be based upon written notice delivered by the party making the claim to the other party not more than ten (10) calendar days after the occurrence of the event giving rise to the claim and stating the general nature of the claim otherwise it shall be waived. Page 4 of 12 10.2 No claim for damages or any claim other than an extension of time shall 0 be made or asserted against the CITY by reason of any delays. 11. DEFAULT 11.1 In the event the Successful Bidder shall default in any of the terms, obligations, restrictions or conditions in the Contract Documents, the CITY shall give the Successful Bidder written notice by registered, certified mail of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within three (3) calendar days thereof. In the event the Successful Bidder has failed to correct the condition(s) of the default or the default is not remedied to the satisfaction and approval of the CITY, the CITY shall have all legal remedies available to it, including, but not limited to termination of the Contact in which case the Successful Bidder shall be liable for all procurement and reprocurement costs and any and all damages permitted by law arising from the default and breach of the Contract. 12. ASSIGNMENT 12.1 The Successful Bidder shall not assign or transfer its rights, title or interests in the Agreement nor shall Successful Bidder delegate any of the duties or obligations undertaken by Successful Bidder without CITY's prior written approval. 13. APPLICABLE LAWS ORDINANCE RULES CODES AND REGULATIONS 13.1 Familiarity with Laws: Notice is hereby given that the Successful Bidder must be familiar with all Federal, State and Local Laws, ordinances, rules, codes and regulations that may affect the work. Ignorance on the part of the Bidder will in no way relieve him from the responsibility of compliance therewith. 14. BID SECURITY 14.1 Each Bid must be accompanied by a certified or cashiers check or by a Bid Bond made payable to the City of Coral Springs on an approved form, duly executed by the Bidder as principal and having as surety thereon a surety company acceptable to the City and authorized to write such Bid Bond under the laws of the State of Florida, in an amount not less than five percent (5%) of the amount of the Bid. 14.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Contract and furnished the required payment and performance bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Bonds within fifteen (15) calendar days of the Notice Page 5 oL 12 15. of Award, CITY may annul the Notice of Award and the entire sum of the Bid Security shall be forfeited. The Bid Security of the three (3) lowest bidders will be returned within seven (7) calendar days after the CITY and the Successful Bidder have executed the written Contract or if no such written Contract is executed within ninety (90) calendar days after the date of the Bid opening, upon the demand of any Bidder ar anytime thereafter, provided that he has not been notified of the acceptance of his Bid. Bid Security of all other Bidders will be returned within seven (7) calendar days after the Bid opening. The attorney in fact or other officer who signs a Bid Bond for a surety company must file with such a Bond a certified copy of his power of attorney authorizing him to do so. 14.3 The Bid Security filed with the Bid shall be forfeited in its entirety/ to the CITY as liquidated damages if the Bidder to whom the Contract is awarded fails to execute the Contract Documents within fifteen (15) calendar days of the Contract Award. PAYMENT AND -PERFORMANCE BONDS 15.1 Within Fifteen (15) calendar days after the Contract Award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish to CITY a performance bond and a payment bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: Financial Stability - A Financial size - Vill 15.2 Two (2) separate bonds are required and both must be approved by the CITY. The penal sum stated in each bond shall be the amount equal to the total amount payable under the terms of the contract. The performance bond shall be conditioned that the Successful Bidder • • Pa perform the contract in the time and manner prescribed in the contract. The payment bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder with labor, materials and supplies used directly or indirectly by the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law; and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. 15.3 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract Price, or an additional bond shall be conditioned that the Successful Bidder correct any defective or faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. 16. INDEMNIFICATION 0 16.1 GENERAL INDEMNIFICATION: The parties agree that one percent (1 %) of the total compensation paid to Successful Bidders for the work of the Contract shall constitute specific consideration to Successful Bidder for the indemnification to be provided under the Contract. To the fullest extent permitted by laws and regulations, Successful Bidder shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or alleged to have arisen out of or in consequence of the operations of the Successful Bidder or his Subcontractors, agents, officers, employees or independent contractors pursuant to the contract specifically including but not limited to those caused by or arising out of (a) any act, omission or default of the Successful Bidder and/or his Subcontractors, agents, servants or employees in the provision of the goods and/or services under the Contract; (b) any and all bodily injuries, sickness, disease or death; (c) injury to or destruction of tangible property, including the loss of use resulting therefrom; (d) the use of any improper materials; (e) a defective condition in any goods provided pursuant to the Contract patent or latent; (f) the violation of any federal, state, county or municipal laws, ordinances or state, county or municipal laws, ordinances or regulations by Successful Bidder his subcontractors, agents, servants, independent contractors or employees; (g) the breach or alleged breach by Successful Bidder of any term of the contract including the breach or alleged breach of any warranty or guarantee. Page 7 of 12 16.2 PATENT AND COPYRIGHT INDEMNIFICATION: Successful Bidder agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all claims, damages, losses, liabilities and expenses arising out of any alleged infringement of copyrights, patent rights and/or the unauthorized or unlicensed use of any material, property or other work in connection with the performance of the Contract. 16.3 Successful Bidder 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 (including appellate attorney's fees) and costs. 16.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Successful Bidder under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 17. INSURANCE 17.1 Bidders must submit copies of their current certificate(s) of insurance together with the Bid. Failure to do so may cause rejection of the Bid. 17.2 PRIOR TO AWARD OF THE CONTRACT, THE SUCCESSFUL BIDDER SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGE AND THE OPERATIONS OF THE SUCCESSFUL BIDDER UNDER THE CONTRACT. Insurance Companies selected must be acceptable 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 canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to CITY by certified mail. 17.3 The Successful Bidder 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 coverage and minimum limits of liability: (a) Worker's Com ensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employer's • Pa 8 of 12 • Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred Thousand and xx/100 dollars ($100,000.00) per accident. Successful Bidder 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 Automobile Liability Insurance for all owned, non - owned and hired automobiles and other vehicles used by the Successful Bidder in the performance of the work with the following minimum limits of liability: $ 3,000,000 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence (c) Comprehensive General Liabilily with the following minimum limits of liability: $ 3,000,000 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 . Premises and Operations; 2. Independent Contractors; 3. Product and Completed Operations Liability; 4. Broad Form Property Damage; 5. Broad Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; and 6. Personal Injury coverage with employment contractual exclusions removed and deleted. 17.4 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 qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability A Financial Size Vill Page 9 o t 12 17.5 The Successful Bidder shall require each of its sub -contractors of any ti to maintain the insurance required herein (except as respects limits coverage for employers and public liability insurance which may not be less than $Three (3) Million Dollars, $3,000 000 for each category), and the Successful Bidder shall provide verification thereof to CITY upon request of CITY. 17.6 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. 17.7 The Successful Bidder 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. 17.8 The clauses "other insurance Provisions" and "Insurers 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 shal not apply to CITY. CITY shall provide written notice of occurren within fifteen (15) working days of CITY's actual notice of such a event. 17.9 The Successful Bidder shall not commence work under the Contract until after he has obtained all of the minimum insurance herein described. 17.10 The Successful Bidder agrees to perform the work under the Contract as an independent contractor, and not as a sub -contractor, agent or employee of CITY. 17.11 Violation of the terms of this paragraph and its sub -parts 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 Successful Bidder shall thereupon cease and terminate. 1 S. BID FORM 18.1 "This Bid Form, together with the Invitation to,Bid, the Instructions to Bidders and the Special Conditions, constitutes an offer from the Bidder. If any or all parts of the Bid are accepted by the City of Coral Springs, a authorized officer of the City shall affix his/her signature hereto and t document, together with the Invitation to Bid, the Instructions to Bidde Special Conditions, any Drawings, Plans and Specifications issued prior to the execution of this Bid Form, and any Purchase Order issued by the City after execution of this Bid Form, shall constitute the written P 10 of 12 agreement between the parties and shall together comprise the Contract Documents. The Contract Documents are complimentary and what is required by one shall be as binding as if required by all." 19. PUBLIC ENTITY CRIMES INFORMATION STATEMENT 19.1 "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 20. AWARD OF CONTRACT 20.1 If the Contract is to be awarded, it will be awarded to the most responsible and responsive Bidder for the Bid whose evaluation by CITY indicates to CITY that the award will be in the best interests of the CITY, and not necessarily to the lowest Bidder. 20.2 Criteria utilized by CITY for determining the most responsible and responsive Bidder includes, but is not limited to the following: (a) Ability of Bidder to meet published specifications. (b) Bidder's experience and references, including but not limited to, the reputation, integrity, character, efficiency, experience, skill, ability and business judgment of the Bidder, the quality of performance of Bidder under previous contracts, any sub- contractors and other persons providing labor or materials to Bidder. (c) Bidder's qualifications and capabilities, including but not limited to, the size, financial history, strength and stability of the business to perform the work of the Contract, the possession of necessary facilities and equipment and the quality, availability and adaptability thereof to the particular use(s) required. (d) Whether Bidder can perform the Contract promptly or within the time specified, without delay or interference. (e) Previous and existing compliance by Bidder with laws, ordinances and regulations relating to the goods or services. (f) Price. Page !_ cf 12 20.3 The CONTRACTOR must execute the required contracts prior to award by the City Commission. After City Commission award the CONTRACTOR will be issued a Notice of Award. Within fifteen (15) days thereafter, the CONTRACTOR must deliver the required bonds and certificate of insurance to OWNER. Within ten (10) days thereafter, OWNER shall deliver one (1) fully executed contract to CONTRACTOR, along with a Notice to Proceed. The fully executed contract will be accompanied by a complete set of drawings (if required). 20.4 If the Bidder to whom the first award is made fails to enter into a Contract as herein provided, the award may be annulled and the Contract let to the next lowest Bidder who is responsible and responsive in the opinion of the CITY. Such Bidder shall fulfill every stipulation embraced herein as if he were the original party to whom the award was made. �J �J Page 12 of 12 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding Documents or the Contract Documents. Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed including other Contract Documents that are attached to the Agreement or made a part thereof. APoiication for Payment - The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, performance and payment bonds and other instruments of security. Change Order - A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documentation accompanying the bid and any post -Bid documentation submitted prior to the Notice of Award), the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, Change Orders and Written Instructions of Engineers, together with all amendments, modifications and supplements issued pursuant to the appropriate paragraphs on or after the Effective Date of the Agreement and all provisions as required by law whether actually in the Documents or not. Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of the Contract in the case of Unit Price Work). Contract Time - The number of days or the date stated in the Agreement for the completion of the Work. Page 1 of 30 CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. 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 ENGINEER'S recommendation of final payment. Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. ENGINEER - The City Engineer of the City of Coral Springs, Florida or his authorized employees. Field Order - A written order issued by ENGINEER which orders minor changes in the Work but which does not involve a change in the Contract Price or the Contract Time. Notice of Award - The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) 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. OWNER - The City Commission of the City of Coral Springs, Florida with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Shop -Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. 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. 0 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. Pa 30 0 Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television sewage and drainage removal, traffic or other control systems or water. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in Paragraph 4.2 or 4.3 or to emergencies under Paragraph 6.15. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change 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 as provided in Paragraph 10.2. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non -engineering or non -technical aspects rather than strictly Work related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Commencement of Contract Time; Notice to Proceed: The Work shall commence subsequent to the execution of this Contract by all parties and upon a written Notice to Proceed from OWNER. No Work shall be done at the site prior to the date on which the Contract Time commences to run. OWNER shall furnish to CONTRACTOR up to three (3) copies of the Contract Documents. Additional copies will be furnished upon request, at the cost of reproduction. 2.2 Preconstruction Conference: Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by Page 3 of 30 CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in Paragraph 2.4, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a Working understanding among the parties as to and to establish a Working understanding among the parties as to the Work. 2.3 Finalizing Schedules: At least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules and procedures to establish a Working understanding among the parties. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract time, but such acceptance will neither impose on ENGINEER'S responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a Workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AMENDING REUSE 0 3.1 Entire Agreement: The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complimentary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Florida. 3.2 Intent: It is the intent of the Contract Documents to describe a functionally complete Project to be constructed in accordance with the Contract Documents. 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 opening of Bids, 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 th*-� duties and responsibilities of r� u OWNER, CONTRACTOR, or ENGINEER, or any of their consultants, agents or employees from those set forth in the Contract Documents. 3.3 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 before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER. 3.4 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: 3.4.1 A Change Order; or 3.4.2 A formal written amendment. 3.5 Supplements, Minor Variations or Deviations: In addition, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized in one or more of the following ways: 3.5.1 ENGINEER'S approval of a Shop Drawing or sample; or 3.5.2 ENGINEER'S written interpretation or clarification. 3.5.3 A field order. 3.6 Reuse of Documents: Neither CONTRACTOR nor any Subcontractors or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect Contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other Documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER. Page 5 of 30 ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS! 4.1 Availability of Lands: OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. CONTRACTOR shall provide at CONTRACTOR'S own expense and without liability to OWNER any and all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. CONTRACTOR shall furnish to OWNER copies of written permission that is obtained from the owners of such facilities. 4.2 Physical Conditions - Underground Facilities: 4.2.1 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 0 4.2.1.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.2.1.2 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the work with the owners of such Underground Facilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the costs of all of which will be considered as having been included in the Contract Price. 4.2.2 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any work affected thereby (except in an emergency as permitted by paragraph 6.13), identify the owner of such Underground Facility and give written* notice thereof to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. CONTRACTOR shall be allowed an extension of the Contract Time to the extent that any delay is attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which existence CONTRACTOR could not reasonably have been expected to be aware. If the parties are unable to agree as to the appropriate length of delay, CONTRACTOR may make a claim therefore as provided in this Contract. 4.3 Reference Points: OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work to protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 - CONTRACTOR'S RESPONSIBILITIES 5.1 Supervision and Superintendence: CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for 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. 5.2 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 OWNER and ENGINEER 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. Page 7 of 30 Equipment: 0ui 5.3 Labor, Materials and E q p CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. 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 during regular Working hours, and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER'S written consent given after prior written notice to ENGINEER. 5.3.1 Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 5.3.2 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 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; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER'S consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Articles S and 9. 5.4 Substitutes or "Or Equal" Items 5.4.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application must state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct Contract with OWNER for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other CONTRACTORs affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR'S expense additional data about the proposed substitute. 5.4.2 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in Paragraph 6.4.1 as applied by ENGINEER and as may be supplemented in the Contract Documents. 5.4.3 ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER'S prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. 5.5 Concerning SubContractors, Suppliers and Others: 5.5.1 CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the 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 Page 9 of 30 5.6 and organizations performing or furnishing of the Work under a direct or* 9 P 9 g indirect Contract with CONTRACTOR to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any Contractual relationship between OWNER or ENGINEER and any such subcontractor, supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER 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. 5.5.2 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 OWNER and ENGINEER. 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. 5.7 Laws and Regulations: 5.7.1 CONTRACTOR shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Work. Neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any laws and regulations. 5.7.2 If CONTRACTOR observes that the Specifications or Drawings are at variance with any laws or regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in Paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such laws or regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom. 5.8 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 which are applicable during the performance of the Work. I �J 0 5.9 Use of Premises: 5.9.1 CONTRACTOR shall confine construction 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 other land and areas permitted by laws and regulations, rights -of -way, permits and easements and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to 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. 5.9.2 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 5.9.3 CONTRACTOR 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. 5.10 Record Documents: CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record Documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record Documents, samples 0 and Shop Drawings will be delivered to ENGINEER for OWNER. Page 11 of 30 5.11 Safety and Protection: 5.11.1 CONTRACTOR shall 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 and other persons and organizations who may be affected thereby; 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, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 5.1 1.2 CONTRACTOR shall furnish watchmen, flagmen, warning signs, cones, barricades, flashing lights and other necessary safeguards in sufficient numbers and at appropriate locations to protect and divert vehicular and pedestrian traffic from working areas closed to traffic, or to protect any new Work. Such watchmen and flagmen shall be furnished on a twenty- four (24) hour basis when conditions require. CONTRACTOR and all subContractors shall take all necessary precautions to guard against and eliminate all possible fire hazards and prevent injury to persons or fire damage to any construction, building materials, equipment, temporary field offices, storage sheds, and all other property, both public and private, particularly when gas or arc welding and cutting is taking place. Open flames including the use of flambeaux are strictly prohibited. No additional payment will be made for signs, barricades, lights, flags, watchmen, flagmen, required fire extinguishing apparatus and personnel, and other protective devices. CONTRACTOR shall not use explosives on the site, nor allow explosives of any type or nature to be brought upon the site of the construction, without the express written approval of OWNER and ENGINEER. When the use of explosives is authorized by OWNER and ENGINEER, CONTRACTOR shall exercise the utmost care in handling and usage of such explosives for the protection of life and property. All explosives shall be stored in a safe manner and storage places shall be clearly marked - "DANGEROUS - EXPLOSIVES" and placed in the care of competent watchmen. When such use of explosives becomes necessary, CONTRACTOR shall furnish to OWNER, proof of insurance coverage, adequately providing public liability and property damage insurance as a rider attached to CONTRACTOR'S policies unless otherwise included. 5.11.3 CONTRACTOR shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety or persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused directly or indirectly employed by and of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Paragraph 14.8 that the Work is acceptable (except as otherwise expressly provided in connection with substantial Completion). 5.1 1.4 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. 5.12 Emergencies: 5.12.1 In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER to OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give. ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued or an amendment made through proper procedures to document the consequences of the changes or variations. 5.12.2 CONTRACTOR shall be required to remove all materials from the job site and provide safe storage for the same, that may be blown about or become a hazard during a hurricane or windstorm. CONTRACTOR shall also take necessary precautions to remove bulkheads, dams or other structures blocking drains in the event of the threat of flooding condition. No extra pay will be allowed for this Work. 5.13 Continuing the Work CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or as CONTRACTOR and OWNER may otherwise agree in writing. Page 13 of 30 ARTICLE 6 - OTHER WORK 6.1 Related Work at Site: OWNER may perform other Work related to the Project at the site by OWNER'S own forces, have other Work performed by utility owners or let other direct Contracts therefor which shall contain General Conditions similar to these. Written notice thereof will be given to CONTRACTOR prior to starting any such other Work not previously noticed to CONTRACTOR; and, if CONTRACTOR believes that performance of Work other than that already noticed will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in this Contract. ARTICLE 7 - OWNER'S RESPONSIBILITIES - GENERALLY 7.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 7.2 OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR • promptly after they are due. 7.3 OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Article 4. Article 4 also refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site which are known and readily available to OWNER. 7.4 OWNER is obligated to execute Change Orders as indicated in Article 9. 7.5 OWNER shall have such other responsibilities and rights as are expressed in the Contract Documents. ARTICLE 8 - ENGINEER'S STATUS DURING CONSTRUCTION 8.1 OWNER'S Representative: ENGINEER will be OWNER'S representative during the construction period and until final payment is due. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are se forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 8.2 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 OWNER 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 OWNER informed of the progress of the Work and shall endeavor to guard OWNER against defects and deficiencies in the Work. 8.3 Technical Clarifications and Interpretations: 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. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in this Contract. Should CONTRACTOR fail 0 to request interpretation of questionable items in the Contract Documents neither OWNER nor ENGINEER will thereafter entertain any excuse for failure to execute the Work in a satisfactory manner. 8.4 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 may be accomplished by a field order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a field order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided elsewhere in this Contract. 8.5 Rejecting Defective Work: ENGINEER will have the authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work whether or not the Work is fabricated, installed or completed. page is of 30 8.6 Decisions on Disputes: ENGINEER will be the initial interpreter of the technical requirements of the Contract Documents and the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 10 and 11 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this Paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and OWNER to the Agreement promptly (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 ENGINEER and OWNER within five (5) calendar days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. The rendering of a decision by ENGINEER with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 13.8) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 8.7 Limitations on ENGINEER'S Responsibilities: 8.7.1 Neither ENGINEER'S authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER or CONTRACTOR, any subContractor, any supplier, or any other person or organization performing any of the Work, or to any surety for any of them except as such duties and responsibilities are included within the Contract Documents. 8.7.2 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any subContractor, any supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 9 - CHANGES IN THE WORK 9.1 OWNER, without invalidating the Agreement, may order changes in the wor which do not materially alter the scope and character of the work of the Agreement or the completion date. All such changes in the work shall be authorized by a Change Order. Change Orders which decrease the cost of the work to OWNER or increase the cost of the work by an amount not in excess of ten thousand and xx/100 dollars ($10,000.00) must be authorized and approved by OWNER'S Engineer prior to their issuance. All Change Orders, which increase the cost of the work to OWNER by an amount which exceeds ten thousand and xx1100 dollars ($10,000.00) must be formally authorized and approved by the OWNER'S Commission prior to their issuance and before work may begin. No claim against OWNER for extra work in furtherance of such Change Order shall be allowed unless prior approval has been obtained. 9.2 If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 10 or Article 1 1. 9.3 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented except in the case of an emergency and except in the case of uncovering Work as those situations are addressed herein. 9.4 OWNER and CONTRACTOR shall execute appropriate change orders or written amendments covering: 9.4.1 Changes in the Work which are ordered by OWNER pursuant to Paragraph 10.1, and are required to correct defective Work or are agreed to by the parties; and 9.4.2 Changes in the Contract Price or Contract Time which are agreed to by the parties. Provided that, in lieu of executing any such change order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule. Proposed change orders shall be prepared by CONTRACTOR on forms approved by OWNER. When submitted for approval to City's Commission they shall carry the signature of the Director of the Department of Public Works, ENGINEER, CONTRACTOR and the Purchasing Agent. 9.5 If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice shall be CONTRACTOR'S sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. Page 17 of 30 ARTICLE 10 - CHANGE OF CONTRACT PRICE 10.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 10.2 The Contract Price may only be changed by a Change Order or by a written amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered to ENGINEER promptly (but in no event later than three (3) days) after the occurrence of the event giving rise to the amount of the claim with supporting data shall be delivered within five (5) days and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. No resolution of a claim for adjustment in the Contract Price shall be effective until approve by OWNER in writing. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 10.3 The value of any W increase or decrease following ways: irk covered by a change order or of any claim for an in the Contract Price shall be determined in one of the 10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 10.3.2 By mutual acceptance of a lump sum (which may include an allowance for overhead and profit including any subContractor fees) which shall not exceed twenty five percent (25%). If the negotiated lump sum change order exceeds the percentages set forth for "cost of Work" it must be accompanied by a detailed explanation justifying the increase. ARTICLE 11 - CONTRACT TIME 11.1 Commencement: The date of commencement of the Work is the date established in the Notice to Proceed. 11.2 Time of Substantial Completion: • The date of substantial completion of the Work or designated portion thereof is the date certified by ENGINEER when construction is sufficiently complete, in accordance with the Contract Documents, so OWNER can occupy or utilize the Work or designated portion thereof for the purposes for which it is intended. • 11.3 Change of Contract Time: 1 1 .3.1 All time limits stated in the Contract Documents are of the essence of the Agreement. NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE OWNER BY REASON OF ANY DELAYS. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages including but no limited to costs of acceleration or inefficiency, 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 interference on the part of OWNER or its agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from 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. 11.3.2 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 OWNER shall not be liable to the CONTRACTOR for any costs incurred because of delay or hindrance should the CONTRACTOR be unable to complete the Work before such milestone or completion date. The duties, obligations and warranties of the OWNER to the CONTRACTOR shall be consistent with and applicable only to the completion of the work and completion dates set forth in these General Conditions. 1 1.3.3 The Contract Time may only be changed by a change order or a written amendment. Any claim for extension of time shall be made in writing to ENGINEER not more than three (3) days after the detection or beginning of the occurrence of the event giving rise to the delay and stating the general nature of the claim; otherwise, it shall be waived. In the case of a continuing delay only one claim is necessary. CONTRACTOR shall provide an estimate of the probable effect of such delay on the progress 0 of the Work. page '_? Of: 30 11.4 Liquidated Damages: Upon failure of CONTRACTOR to complete the Work within the time specified for final completion, (plus approved extensions if any) CONTRACTOR shall pay to OWNER the sum of ONE HUNDRED dollars ($100.00) for each calendar day that the substantial completion of the Work is delayed beyond the time specified in the Contract for substantial completion, as fixed and agreed liquidated damages and not as a penalty. After substantial completion, if CONTRACTOR neglects, fails or refuses to complete the remainder of the Work within the Contract Time or any approved extension thereof, CONTRACTOR shall pay to OWNER the sum of ONE HUN_ DREQ dollars ($100.00) for each calendar day (plus approved extensions if any) after the time specified in the Contract for final completion and readiness for final payment 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 OWNER 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. OWNER 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 OWNER is insufficient to pay in full such liquidated damages, the CONTRACTOR shall pay in full such liquidated damages. CONTRACTOR shall be responsible for reimbursing OWNER, in addition to liquidated damages or other per day damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to CONTRACTOR whichever is later. (See Contract Time section for details). ARTICLE 12 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS• CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 12.1 Warranty and Guarantee: CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted. CONTRACTOR warrants to OWNER that the consummation of th Work provided for in the Contract Documents will not result in the breach o any term or provisions of, or constitute a default under any indenture, mortgage, Contract, or agreement to which CONTRACTOR is a party. CONTRACTOR warrants that there has been no violation of copyrights or patent rights in connection with the Work of the Contract. 12.2 Access to Work: ENGINEER and other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 12.3 Tests and Inspection: 12.3.1 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 12.3.2 CONTRACTOR shall assume full responsibility, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval for all materials, equipment or the Work or any part thereof unless otherwise specified herein. 12.3.3 If any Work (including the Work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for examination and properly restored at CONTRACTOR'S expense. Such uncovering shall be at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR'S intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 12.3.4 Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligations to perform the Work in accordance with the Contract Documents. 12.4 Uncovering the Work: 12.4.1 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. 12.4.2 If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER'S request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, Page 21 of 30 material and equipment. If it is found that such Work is defective,e CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in the Contract Documents. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the Contract Documents. 12.5 OWNER May Stop the Work: 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, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. 12.6 Correction or Removal of Defective Work: If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, 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 engineers, architects, attorneys and other professionals) made necessary thereby. 12.7 One Year Correction Period: If within one (1) year after the date of 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 or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER'S written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with non - defective Work. 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, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by written amendment. ARTICLE 13 - PAYMENTS TO .CONTRACTOR AND COMPLETION 13.1 Schedule of Values: The pricing established as provided in the bid will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. 13.2 Application for Progress Payment: At least twenty (20) days before each progress payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER'S interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. 13.3 CONTRACTOR'S Warranty of Title: CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 13.4 Review of Applications for Progress Payments: ENGINEER will, within ten (10) days after y t receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR Page 23 of 30 indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten (10) days after presentation of the Application for Payment with ENGINEER'S recommendation, the amount recommended will become due and when due will be paid by OWNER to CONTRACTOR. 13.5 Grounds for Refusal: ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representation to OWNER. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 13.5.1 The Work is defective, or completed Work has been damaged requiring correction or replacement. 13.5.2 The Contract Price has been reduced by Written Amendment or Change Order. 13.5.3 Of ENGINEER'S actual knowledge of the occurrence of any of the events outlined elsewhere in the Contract Documents that represent grounds for refusal of payment in whole or part. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made by OWNER on account of CONTRACTOR'S performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR written notice stating the reasons for such action within a reasonable time from receipt of ENGINEER'S recommendation for payment on that matter. 13.6 Final Inspection: Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR 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. 13.7 Final Application for Payment: 0 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record Documents and other Documents - all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER'S property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subCONTRACTOR or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 13.8 Final Payment and Acceptance: 13.8.1 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 - all as required by the Contract Documents, 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 0 0) days after receipt of the final Application for Payment, indicate in writing ENGINEER'S recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER 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 OWNER 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 OWNER to CONTRACTOR. 13.8.2 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER 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 OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as Page 25 of 30 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. 13.8.3 Any moneys not paid by OWNER when claimed to be due to CONTRACTOR under this Contract shall not be subject to interest, including but not limited to pre -judgment interest. 13.9 CONTRACTOR'S Continuing Obligation: CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents. 13.10 Waiver of Claims: The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled as of the date of final payment. 13.11 OWNER May Suspend Work: OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in the Contract Documents. 13.12 OWNER May Terminate: Upon the occurrence of any one or more of the following events: 13.12.1 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. 13.12.2 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. 13.12.3 If CONTRACTOR makes a general assignment for the benefit of creditors. 13.12.4 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. 13.12.5 If CONTRACTOR admits in writing an inability to pay its debts generally 0 as they become due. 13.12.6 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). 13.12.7 If CONTRACTOR disregards laws or regulations of any public body having jurisdiction. 13.12.8 If CONTRACTOR disregards the authority of ENGINEER. 13.12.9 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR and the surety seven (7) days written notice and to the extent permitted by laws and regulations, terminate the services of 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 CONTRACTOP for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such Page 27 of 30 case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this Paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 13.12.10 Where CONTRACTOR'S services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 13.13 Termination for Convenience of OWNER: Upon seven (7) days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, terminate the agreement for OWNER'S convenience whenever OWNER determines that such termination is in the best interests of OWNER. Where the agreement is terminated for the convenience of OWNER, the notice of termination to CONTRACTOR must state that the Contract is being terminated for the convenience OWNER under the 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 all outstanding subCONTRACTORs and purchase orders to the extent that they relate to the terminated portion of the Contract, and refrain from placing further orders and subContracts. 13.14 Termination by CONTRACTOR: If the Work should be stopped under an order of any court of other public authority for a period of more than ninety (90) days through no act or fault of CONTRACTOR or of anyone employed by him, or if ENGINEER fails to review and approve or state in writing reasons for non -approval of any application for payment within thirty (30) days after it is submitted or if OWNER fails to pay CONTRACTOR within thirty (30) days after presentation by ENGINEER of any sum determined to be due, then CONTRACTOR may, upon ten (10) day written notice to OWNER and ENGINEER stop Work or terminate this Contract and recover from OWNER, payment for all Work executed and any expense sustain. The provisions of this Paragraph shall not relieve CONTRACTOR of the obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. C� ARTICLE 14 - MISCELLANEOUS 14.1 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: CONTRACTOR: The business address of CONTRACTOR is: OWNER: The business address of OWNER is: 14.2 Computation of Time: City of Coral Springs 9551 W. Sample Rd. Coral Springs, FL 33065 Attention: Purchasing Administrator 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. ARTICLE 15 - MISCELLANEOUS 15.1 Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Paragraph 15.1 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 15.2 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 OWNER and ENGINEER 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 of them which are otherwise imposed or available to any or all of them which are Page 29 o` 30 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 be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of, the Agreement. 15.3 CONTRACTOR shall not assign or transfer the Contract or its rights, title or interests therein without OWNER'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 OWNER 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 OWNER may, at its discretion, cancel the Contract and all rights, title and interest of CONTRACTOR shall thereupon cease and terminate. 15.4 OWNER reserves the right to audit the records (pertaining to this project) of the CONTRACTOR pertaining to this contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by OWNER. If required by OWNER, CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by OWNER. CONTRACTOR shall allow OWNER to inspect, examine and review the records of CONTRACTOR (pertaining to this project) at any and all times during normal business hours during the term of the Contract. 0 L-1 • SPECIFICATIONS AND REQUIREMENTS FOR ROADWAY RESURFACING/STRIPING AT VARIOUS LOCATIONS BID 97-B-142F SCOPE OF WORK The project consists of furnishing labor, equipment and materials to resurface and stripe selected City Streets all in accordance with the latest edition of F.D.O.T. Standard Specifications for Road and Bridge Construction and includes but is not limited to: • Sweep and clean streets, tack coat resurface streets with 3/4" or one (1 ") inch Type III Asphalt as specified (recycle mix will not be approved for this project). • Furnish and install manhole risers as shown. • Raise valve boxes as shown. • Install thermoplastic striping on streets. • Power vacuum sweep streets. SPECIAL PROVISION This contract calls for power vacuum sweeping of all newly resurfaced areas, adjacent valley gutters, curbs and adjacent driveway connections. The Contractor shall sweep all areas within forty-eight (48) hours as directed by the Engineer to remove all loose material. Special care shall be taken to ensure that the tack coat or asphalt resurfacing is not deposited on the surface of the concrete valley gutters or curbs. The drawings are listed on the next page. Page 1 of 2 INDEX OF DRAWINGS ROADWAY RESURFACING & STRIPING DRAWING L� NO. DATE DESCRIPTION LOCATION 1 OF 16 COVER SHEET 2 OF 16 4/2197 KEY MAPS 3 OF 16 512197 ROADWAY RESURFACING COUNTRY CLUB WEST 4 OF 16 5/2197 ROADWAY RESURFACING COUNTRY CLUB WEST 5 OF 16 5/2/97 ROADWAY RESURFACING COUNTRY CLUB WEST 6 OF 16 5/2/97 ROADWAY RESURFACING COUNTRY CLUB WEST WEST i OF 16 512/97 ROADWAY RESURFACING COUNTRY CLUB 8 OF 16 512/97 ROADWAY RESURFACING GREENWOOD & BETTER HOME 9 OF 16 512197 ROADWAY RESURFACING BRENTWOOD VILLAGE 10 OF 16 5/2197 ROADWAY RESURFACING RUSHWOOD & ROYAL PALM POINTE 11 OF 16 5/2/97 ROADWAY RESURFACING N.W. 99TH AVE. 12 OF 16 5/2/97 ROADWAY RESURFACING THE MEADOWS 13 OF 16 5/2197 ROADWAY RESURFACING CORAL HILLS DR. 14 OF 16 5/2/97 ROADWAY RESURFACING N.W. 102ND AVE. & ALLEY 15 OF 16 5/2/97 ROADWAY RESURFACING SHADOW WOOD BLVD. 16 OF 16 3/1984 DETAIL PAVEMENT MARKINGS Page 2 of 2 • BID FORM FOR ROADWAY RESURFACING/STRIPING BID NO. 97-B-142F SUBMITTED TO: City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with CITY to perform, furnish and provide the goods and/or services as specified or indicated in the Bid Documents for the price and within the indicated in the Bid and in accordance with the other terms and conditions of the Bid Documents. 2. Bidder accepts and hereby incorporates by reference in this Bid Form all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation any terms pertaining to the disposition of Bid Security. 3. The Bidder has examined the various sites of the project and has become fully informed concerning the local conditions, and the nature and extent of the work, and has examined all Bid Documents, bond and insurance requirements. 4. Bidder has given the Purchasing Agent written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by .the Purchasing Agent is acceptable to Bidder. 5. Bidder proposes to furnish all labor, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the following: ROADWAY RESURFACING/STRIPING Page 1 of 9 16. 0 Bidder will complete the work for the following price: BID ITEMS ROADWAY RESURFACING & STRIPING (DRAWING SHEETS 3 THRU 14) ROADWAY RESURFACING D.O.T. DESCRIPTION QUANTITY UNIT AMOUNT ITEM NO. PRICE 5331-1-18 TYPE III ASPHALT CONCRETE 45 TON 45 (INC BIT) (3/4" OVERLAY) 4 5331-1-18 TYPE III ASPHALT CONCRETE 5500 TON I `� (INC BIT) 0" OVERLAY) 706-1-12 REFLECTIVE PAVEMENT MARKERS 420 EA 3 30 (AMBER/AMBER) ' 706-1-12 REFLECTIVE PAVEMENT MARKERS 50 EA 30 CGS (BLUE/BLUE) 706-1-12 REFLECTIVE PAVEMENT MARKERS (BI- 20 EA 30 3' ` DIRECTIONAL) 711-6-241 SOLID TRAFFIC STRIPE (THERMOPLASTIC) 1150 LF 9S 5 711-2 SKIP TRAFFIC STRIPE (THERMOPLASTIC) 110 LF (2'-4')d8- 711-2 SKIP TRAFFIC STRIPE (THERMOPLASTIC) 300 LF (10'-30') 711-8-41 SOLID TRAFFIC STRIPE (THERMOPLASTIC) 29,000 LF v 33 9, 570 711-4 DIRECTIONAL ARROWS (THERMOPLASTIC) 12 EA ,3G•�v �,%38• 425-5-1 ADJUSTING MANHOLES (SANITARY 140 EA. 7!0•CO SEWER 1 " RINGS) 425-5-1 ADJUSTING MANHOLES (SANITARY 15 EA. 9i/ oo /f e�l�U SEWER 2" RINGS) 425-6 ADJUSTING VALVE BOXES (6") 65 EA 1•7- �� 780- 423-6-1 ADJUSTING BLOW -OFF VALVE BOXES 15 EA 39•p ,�85. (12") -- POWER VACUUM SWEEPING OF LUMP SUM 44 SUBDIVISIONS UPON COMPLETION OF 100 -70a ASPHALT OVERLAY. TOTAL BID ITEMS (SHTS. 3-14): • • • ADDITIVE ALTERNATE ROADWAY RESURFACING & STRIPING (DRAWING SHEET 15) ROADWAY RESURFACING O.T. DESCRIPTION QUANTITY I UNIT AMOUNT EM NO. PRICE 331-1-18 TYPE III ASPHALT CONCRETE " 600 TON `S '3�' (INC BIT) 0 OVERLAY) )6-1-12 REFLECTIVE PAVEMENT MARKERS 110 EA 30 S � co (AMBER/AMBER) )6-1-12 REFLECTIVE PAVEMENT MARKERS 7 EA 30 3' o?3• �° (BLUE/BLUE) )6-1-12 REFLECTIVE PAVEMENT MARKERS (BI- 7 EA 3'0 DIRECTIONAL) 11-2 SKIP TRAFFIC STRIPE (THERMOPLASTIC) 700 LF 8c (10'-30') 0 11-2 SKIP TRAFFIC STRIPE (THERMOPLASTIC) 54 LF D �° S/ .20 (2'-4') 11-3 PAVEMENT MESSAGE (SCHOOL) 2 EA o° (THERMOPLASTIC) 11-4 DIRECTIONAL ARROWS (THERMOPLASTIC) 12 EA 3Co•5° "t%s•�a 11-6-121 SOLID TRAFFIC STRIPE (THERMOPLASTIC) 300 LF f GS - 95. 40 (12") 11-6-121 SOLID TRAFFIC STRIPE (THERMOPLASTIC) 140 LF �. 1 5 �7 • pO (24") 1 1-8-41 SOLID TRAFFIC STRIPE (THERMOPLASTIC) 1`2,700 LF p .3s 9 KfS. J 25-5-1 ADJUSTING MANHOLES 4SAtWTARY 4 EA. ,7L va 3Q�• o� SEWER 1 " RINGS) 25-5-1 ADJUSTING MANHOLES (SANITARY 2 EA. 9 �'� u o ��� SEWER 2" RINGS) 25-5-1 ADJUSTING MANHOLES (SANITARY 1 EA. SEWER 3" RINGS) 25-6 ADJUSTING VALVE BOXES (6") 2 EA -- POWER VACUUM SWEEPING OF LUMP SUM ba co SUBDIVISIONS UPON COMPLETION OF -700 1'00 ASPHALT OVERLAY.,, TOTAL ADDITIVE ALTERNATES (SHT. 15): Pa 3 of 9 DEDUCT ALTERNATE ROADWAY RESURFACING & STRIPING ROADWAY RESURFACING D.O.T. AMOUNT PER TON ITEM NO. DESCRIPTION 5331-1_18 TYPE III RECYCLE (20% max.) ASPHALT CONCRETE 7_ Bidder agrees that the work will completed Commencemenit n Hundred Twenty_(120) calendardays from the date of Contract specified in the Notice to Proceed. 8. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Invitation to Bid: Addendum No. P..::r`` Date Addendum No. Date Addendum No. Date 9. Bidder accepts the provisions of the Instructions to Bidders pertaining to liquidated damages in the event of failure to complete the work on time. 00. The following documents are attached to and made as a condition to this Bid Form: (a) Bidder's Certification) (b) Certified Resolution i (c) Non -Collusive Affidavit./ (d) Bidder's Qualifications Statement, if required by the Instructions to Bidders (e) Bid Security, if required by the Instructions to Bidders (f) Certificate(s) of Insurance, if required by the Instructions to Bidders (g) Bidder's Foreign (Non -Florida) corporate statement.' (h) References r 11. PLEASE HAVE YOUR INSURANCE INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR BID TC ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS, IF ANY, OF THE INSTRUCTIONS TO BIDDERS. 12. The CITY reserves the right to award the Contract on the basis of any combination above items, or all items, in which the CITY deems in its best interests. 13. The correct legal name of Bidder is: PAVEX CORPORATION City/State/Zip: Telephone No.: ssk- Az -a�z- Social Security No. or Federal I.D. No.: s - c." Page 4 of 9 • • Communications concerning this Bid shall be addressed to the following address: ?AVEX CGO ORATION 2501 N.W. 48th STREET POMPANO BEACH, FL 33073 emitted on a S 19 97 ION D. CHELLGREN PRESIDENT Page 5 of 9 BIDDER'S CERTIFICATION WHEN BIDDER IS AN INDIVIDUAL WITNESS WHEREOF, the Bidder hereto has executed this Bid Form this day of Witness Witness State of Florida County of On this the day of , 19 personally appeared �7 By: Signature of Individual Printed Name of Individual Business Address City/State/Zip Business Phone Number before me, the undersigned Notary Public of the State of Florida, and (Name(s) of individual(s) who appeared before notary) hose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they exe �t. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages:_ Number of Signatures Notarized: • Page 6 of 9 BIDDER'S CERTIFICATION HEN BIDDER IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS OR TRADE NAME WITNESS WHEREOF, the Bidder hereto has executed this Bid Form this day of 19 Printed Name of Firm By: Signature of Owner Witness Printed Name of Individual Witness Business Address City/State/Zip Business Phone Number State of Florida County of On this the day of 19 before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) ose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages 11 Number of Signatures Notarized: Page 7 of 9 BIDDER' CERTiFt ATION _ WHEN BIDDER IS A PARTNE SHIP WITNESS WHEREOF, the Bidder hereto has executed this Bid ro rm this day of 1 9 n Printed Name of Partnership By: M Signature of General or Managing Partner Witness -- _— Printed Name of partner Witness� �— Business Address City/State/Zip i ,. Business Phone Number State of Florida State of Registration ,. County of On this the day of g personally appeared , before me, the undersigned Notary Public of the State of Florida, and (Name(s) of individual(s) who appeared before notary) - hose name(s) Ware Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed ' WITNESS my hand and official seal, k NOTARY PUBLIC SEAL OF OFFICE: ►vv i r+n T MAILI ;, �i I ATE OF FLORIDA I'l (Name of Notary Public: Print, AL Stamp, or Type as Commissioned.) ❑ Personally known to me, or 4 ❑ Produced identification: `` (Type of Identification Produced ❑ DID take an oath, or ❑ DID NOT ��. ► take an oath. OPTIONAL INFORMATION: LL ► Type of Document:. Number of Pages:_ Number of Signatures Notarized: r� page 8 of 9 ,')MJui IU 1 20 1 1 T Ili 07 - C'1 nut : F--pn- 1 ()n BIDDER'S CERTIFICATION 0 EN BIDDER IS A CORPORATION VITNESS WHEREOF, the Bidder hereto has executed this Bid -n this ?.i -_ day of .) a a Is , 19.97 . 1RPORATE SEAL) PAVER CORPORATION Printed Name of Corporation , CD,e/.0/► Printe Sta of Inc o ion p By: Sig6jbj 5tfent er authorized officer VL�PREESIDENT Printed Name of President or other authorized officer Spy W W. 5 8 Ilk Address of Corporation y�..r ��/� Qe7►el,, ICC+�/DA 33a73 City/State/Zip 95y- -4. 31- 87/Z — Business Phone Number to of r VuL%al mty of � �o�.�•'Z-D this the R5 day of SUy 19 97 , before me, the undersigned Notary Public of the State of o 416 4 , the foregoing instrument was acknowledged by Cbu L,.%Q-c V IC- Re Wr [Name of corporate officer(s) and his/her/their porn a title(s)) PAVEX CORPORATION on (Name of corporation and state or place of wporation) behalf of the corporation. rNESS my hand I official seal. ' NOTARY PUBLIC, STATE OF FLORIDA TAAY PUBLIC BAR A. BUCHANAN '9 CC293IXPIRE5:= :ti• aL OF OFFICE: nwrcr.26, Iq (Name of Notary Public: Print, = %.R: 60"goTlp4 My FAN VGURANM.INC. Stamp, or Type as Commissioned" OIPersonally known to me, or O Prod ced identification: r<� (Type of Identification Produced ❑ DID take an oath, or B"DID NOT take an oath. TIONAL INFORMATION: )e of Document: Number of Pages:_ Number of Signatures Notarized:! CONTRACT TIME The work shall be completed and ready for final payment within One Hundred Twenty (120) calendar days from the Project Initiation Date specified in the Notice to Proceed issued by the City. Upon failure of the CONTRACTOR to complete said Contract within the specified period of time (plus approved extensions, if any) the CONTRACTOR shall pay to the CITY the sum of One Hundred ($100.00) for each calendar day after the time specified in the paragraph above for completion. These amounts are not penalties, but liquidated damages to the CITY. 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 the 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 the 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 project for which a time of completion is given. 4p The CITY is authorized to deduct liquidated damage amounts form the monies due to CONTRACTOR for the work under the Contract, or as must thereof as the CITY may, at its own option deem just and reasonable. The CONTRACTOR shall be responsible for reimbursing the CITY, in addition to liquidated damages, for all costs incurred by the City of Coral Springs in administering the construction of the project beyond the completion dates specified above or beyond an approved extension of time granted to the CONTRACTOR, whichever date is later. Such costs shall be deducted from the monies due the CONTRACTOR for performance of work under this Contract. The costs shall be assessed at One Hundred Fifty ($150.00) dollars per calendar day. • Ate` �%/ NOMMAMW �0%k CORPORATION 2501 N.W. 48th STREET • POMPANO REACH, FL 33073 (305)428-8712 CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF PAVEX CORPORATION RESOLVED that Jody Caliguire, Vice President of PAVEX CORPORATION, be authorized to sign any and all bid documents and contract documents relative to this corporation's 0 business. • The foregoing is a true and correct copy of the resolution adopted by PAVEX CORPORATION at a meeting of its Board of Directors held on the 6th day of June, 1992. �� Jo Lancianese, Asst. Sec./Treas. URN gel NAPA CERTIFIED RESOLUTION I(Name), the duly elected Secretary (Corporate Title), a corporation organized and existing under the lav, of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "1T 1S HEREBY RESOLVED THAT (Name)" The duly elected ---------------------- (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and Bid Bond, if such bond is required, to the City of Coral Springs for: and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Coral Springs shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. 1 further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. 1 further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 19 (SEAL) By: Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Coral Springs that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. • NON -COLLUSIVE AFFIDAVIT State of cote o A 1 )ss. County of j being duly sworn, deposes g first Y and says that: (1) �/she is the , — zti T (Owner, Partner, Officer, Representative or Agent) of PAVEX CORPORATION the Bidder that has submitted the attached Bid; (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including.this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure trough any collusion, conspiracy, connivance. or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Page 1 of 2 L r r� Sigped, sealed and delivered in'the presence of: ;Vf4itness tness State of Florida County of -- a p ,-, %-t,z OD « V C�. rZe s U Gla rt . (Title) ACKNOWLEDGEMENT ' . , ,':4� 1~�«i On this the day of U-1.Je , 19 9-7 , before me, the undersigned Notary Public of thhe State of Florida, personally appeared W„w Cb.`.. c��. �r and (Name(s) of'individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand //r �Y_ / and official seal. j / // / NOTARY PUBLIC, STAT OF FLORI/ NOTARY PUBLIC "�`_ My COMA sslu%0 CLCH2NNQif SEAL OF OFFICE: roc march i6. 1998 (Name of Notary Public. °' rint, Stamp, or Type as Commissioned.) Q�Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or 2'DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 2 of 2 0 QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Coral Springs (Purchasing Administrator) ADDRESS: 9551 West Sample Road Coral Springs, Florida 33065 CIRCLE ONE SUBMITTED BY: Corporation NAME: Partnership ADDRESS: Individual PRINCIPAL OFFICE: Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Bidder is: PAVEX CORPORATION PAVEX CORPORATION The address of the principal place of business is: 2501 N.W. 48th STREET 2. If Bidder is a corporation, answer the following: a. Date of Incorporation: /o �a Q b. State of Incorporation: FLoeeia,& C. President's name: boa -Z). tn,4 d. Vice President's name: J oar, e. Secretary's name: J oko f. Treasurer's name: ae-«N — g. Name and address of Resident Agent: Joa A. 4L4,eo,,j� Page 1 of 4 0 3. If Bidder is an individual or a partnership, answer the following: u a. Date of organization: NIA b. Name, address and ownership units of all partners: N /% c. State whether general or limited partnership: N A 4. If Bidder is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: IV 5. If bidder is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute, 6. How many years has your organization been in business under its present business name? 1(P '/x, k'". % a. Under what other former names has your organization operated? Page 2 of 4 • 7. Indicate registration, license numbers or certificate numbers for the businesses or professions which are the subject of this Bid. Please attach certificate of competency and/or state registration. (;,to 7W— o F_ Ao ;1-9 A l <-,, . I. CC'C.s /9 770 8. Have you personally inspected the site of the proposed work? (Y) (N) 9. Do you have a complete set of documents, including drawings and addenda? (Y) _ (N) 10. Did you attend the Pre -Bid Conference if any such conference was held? (Y) (N) ✓ 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why? ND 12. Within the last five (5) years, has any officer or partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so, explain fully. NO 13. State the name of the individual who will have personal supervision of the work: Page 3 of 4 CJ • 0 THE BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY BIDDER TO BE TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE BIDDER'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE BID, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE AWARD AND/OR CONTRACT. SAnad Y RESIDENT State of Florida County of On this the r2,:,,' day of 19 '17 , before me, the undersigned Notary Public of the State of Florida, personally appeared µ 7:S� and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. �—!�'� • �_-ir 'i is - � NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC ••����'w� BaReARaA. sucHatrara ;`• k MY COMMISSION M CC352293 EXPIRI SEAL OF OFFICE: MaFcnz� •~t RU TROY FAIAI N INSURANCE. INC. (Name of Notary PubIIC�Prin Stamp, or Type as Commissioned.) ff"Personally known to me, or ❑ Produced identification: (Type of Identification Produced ❑ DID take an oath, or Ca'DID NOT take an oath. OPTIONAL INFORMATION: Type of Document: Number of Pages: Number of Signatures Notarized: Page 4 of 4 0 —7- 7 JF-UD _i- 07481 � ;.A . 1 7 it 139OWARD '6UNTY OCCUPATIONAL LICENSE TAX RENEW ON OR BEFORE FORM NO FOR PERIOD-OCTOBER 1, 1996 THRU SEPTEMBER 30,1997 SEPTEMBER 30. 1997 te (L 401-2601A6i-061 0 0 'e PENALTIES IF PAID ff 18 / 180 TAX 108.00 OCT- 10% NOV. - Is% 6 REWE�Al_ TRANJER SEC DEC. - 20% After DEC. 31 - 25% I BACK TAX 03/00/81. PENALTY Plus Tax Collection Fee of up to $25.00 z C1 N 4d DATE SU'AESS OPENED Based on Cost of License if Paid It - T.C.FEE on or After November 30. 1995 S.TAT� 6R CO NTY CERTIREG 'N r r. r A 19 77 TRANSFER BuslPessLi-p"on Address: ACCOUNT NUMBER a: wwz.&�/ . I - 2-201 1qW 48 /ST .TOTAL. 108-00 rr An-nj 1 no �L_) PUBPANO 33073 0000, L-D -8712;" AUTYRESS. PHONE, �4 2 8 .0 - Ism. PAVEX CORP "J ON . D -.CHELLGREN . .... " -:2501 NW 4 8. - STREET 0:...THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYEDU' POMPANO BEACH FL 33073-0090,- FTO P0bLICViEW AT THE LOCATION ADDRESS ABOVEI , TYPE 61 LICENSE TAX PAID 0 AUNTY GENERAL CONTR RD CONTY 40 UNITS 0 BROWARD COUNTY REVENUE COLLECTOR z C) 115 S. Andrews Avenue, Governmental Center Annex 1996 - 1997 Ln a FORT LAUDERDALE, FL 33301 *SEE BACK FOR TRANSFER INFORMATION PAYMENT RECEIVED AS VALIDATED ABOVE -17 - STATE OF FLORIDA AU# 4 U U `1 e e r kixa Department of Business and Professional Regulation v ICG-CA19770 06/19/1996 95903126 :CERTIFIED GENERAL CONTRACTOR 'CHELLGREN, JON DAVID ;PAVEX CORP IS CERTIFIED under the prgvfSjons of Ch.4 8 9 FS. j Expiration Dace: A U G 31, 1998 STATE OF FLORIDA AC# 14 3 7 6 U I] 0 Department of Business and Professional Regulation, PE-0031248 01/30/1997 96903580! PROFESSIONAL ENGINEER CHELLGREN JON DAVID w kAetrODOlitan Cade CounCl. Miami, F!Onda PUBLIC WORKS DEPARTMENT CERTIFICATE OF CGMPETENCY a EXPIRES ON 09/30/9; PAVEX C4RPORATIQN CC# : E1665 -Q-A- : CHELLGREN JON DAVID SST# : 403-66-5543 W LL O I Quafi.Ying agent'O.A.) Mu51 svoer•llse. afrect and cont.•o! ail Work. =NGINEERING CONTRACTOR i AACE CATEGORY(S) GENERAL ENGINEER Signature o; Ouatitying Agen; CAFt OS F. BONZON. Ph.D.. P. v. Secaarr. C cmuimo+ Traaas O.—me :ea �_��.-_ z�. - - - - • ..�-...,,;tea .. - —.---':.���:+ IS LICENSED under the provisions of Ch, 4 7 1 FS, BROWARD COUNTY, FLORIDA 7-MranonDate: F EB 28 , 1 999 CERTIFICATE OF COMPETENCY GENERAL ENGINEERED CONSTRUCTION SUILDER C :- 81-695 Reference 98-03652 T CHELLGREN, TON D - QUALIFYING PAVEX CORP To 2501 HW 48 ST COCONUT CREEK FL 33073 EXPIRES 8/31/98 CTL# 3493' C 0 FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM OPARTMENT OF STATE CORPORATE CHARTER NO. If your corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHECK BELOW the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (904) 488-9000 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1): (a) Maintaining, defending, or settling any proceeding. (b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal corporate affairs. (c) Maintaining bank accounts. (d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own securities or maintaining trustees or depositaries with respect to those securities. (e) Selling through independent contractors. (f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts. (g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property. (h) Securing or collecting debts or enforcing mortgages and security interests in property securing the debts. (i) Transacting business in interstate commerce. (j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course of repeated transactions of a like nature. (k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state or voting the stock of any corporation which it has lawfully acquired. (1) Owning a limited partnership interest in a limited partnership that is doing business within this state, unless such limited partner manages or controls the partnership or exercises the powers and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in subsection (2) is not exhaustive. (4) This section has no application to the question of whether any foreign corporation is subject to service of process and suit in this state under any law of this state. Please check one of the following if your firm is NOT a corporation: (1) Partnership, Joint Venture, Estate or Trust (II) Sole Proprietorship or Self Employed NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or II above. If you do not check I or II above, your firm will be considered a corporation and subject to all requirements listed 0 herein. BIDDER'S CORRECT LEGAL NAME SIGNATURE OF AUTHORIZED AGENT OF BIDDER 0 BID BOND STATE OF FLORIDA ) ) ss: COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and .,.��� as Surety, are held and firmly bound uritb the City�f Coral Springs, a municilYff corporation of the State of Florida in the penal sum of Dollars ($ ), lawful money of the United Sf6tes, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanyin Bid, dated 19 for: •NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate (b) If said Bid shall be accepted and the Principal shall properly execute and deliver ,to-said..CITY the appropriate Contract Documents, and shall in all respects fulfill .1ll;terms and'., conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 7-s ay of , 19�_, the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative, Page 1 of 2 ! 1N PRESENCE OF: • PAVEX CORPORATION ATTEST: Secretary ` SEAL (Individual or Partnership Principal) ,? o/ 06,) Z, ST. (Business Address) (C(ty/State/Zip) `) / G/—,2f, - 9 71y (Business Phone) (Corporate Principal) fl o By: O \/,c 2 (Title) JUUY UA=LW VICE PRESIDENT UNITED STATES FIDELM FAKD GUARANTY _COMPANI (Corporate Surety) B=on .�A ', ,�- *Impress Corporate Seal� � , 'If — IMPORTANT Surety companies eppear on the TreasuryDepartment's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. Page 2 of 2 1428280 0 UNITED STATES FIDELITY AND GUARANTY COMPANY PU POWER OF ATTORNEY S F+G~ NO. 106669 KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint George H. Friedlander of the City of Stuart , State of Florida its true aad lawful Attomey(s}i Fact each in their separate capacity if more than one is name above, to sign its woe as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. . In Witness Whereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with it& corporate seal, duly attested. by the signatures of its Senior Vice President and Assistant Secretary, this 2 9 t h day of January , A.D. l9 9 3 . UNITED STATES FIDELITY AND GUARANTY COMPANY sm1°an (Signed) By...�. Opp t tab ................... N bSenior Vice President (Signed) By........ ....*^ ................... ............. Assistant Secretary STATE OF MARYLAND) SS: L. ) BALTIMORE CITY Onthis 29thdayof January A.D.19.93.before mepersonally es�me� Robert J. Lamendola Dior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and, N Paul D , yS ims . Assistant ecrttary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said.'that they, the said Robert J . Lamendola and Paul D . S ies . _ . w were respective the Senior Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and _w ioh executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company. My Commission expires the ll t h day in : Ma r C h-A.D.'19 9 S . L (Signed) NOTARY PUBLIC 4a�� 4r\,ate This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the UNTIED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed is the name and on behalf of the Company, either by the Chairman. or the President. or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, primed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Artorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitatioes art forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaldog to which it is validly attached RESOLVED, that Attotney(s)-io-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Paul D . Sims . an Assistant Secretary of the UNITED STATES FIDELfTY AND GUARANTY COMPANY, do he -by certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24. 1992 and, that this Resolution is in full force and effect L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power *Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I hs hereunto set my hand and the seal of t e TIE STATES FIDELITY AND GUARANTY COMPANY on this y of e , 19 It - )�, OVAW aaaa ................................ tame Assistant Secretary FS 3 (10-92) 0 FORM PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, PAYIXCORPORATM as Principal, hereinafter called CONTRACTOR, and as Surety, are bound to the City of Coral S rings. Florida, as Obliges, herein called OWNER, in the amount o " Dollars for the payment whereof CONTRACTOFFW urety bm hefr{7`selves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, _ Bid/Contract No.: i3- 0 pl awarded the ;.4 day of 191.7-, with OWNER for dwa&mU in accordance with drawings (plans) and specifications prepared by j4els which Contract is by reference made a part hereof, a d is her after referred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR; 1. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or . arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 225,05(1) supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosectuion of the Work provided for in the Contract, then his obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 2.1 A claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within forty five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to the CONTRACTOR a notice that he intends to look to the Bond for protection. 2.2 A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to the CONTRACTOR and to the Surety, 0 Page 1 of 3 written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect the Surety's obligation under this Bond. Signed and sealed this 2Aday of 19z WITNESS: PAm CORPORATION (Name of Corporation) Secretary 7 �7 (S' ature and Title) (CORPORATE SEAL) JON D. CHELLGREN _ ENT _ (Type Name and Title signed above) WITNESSES: (Name of Corporation) 4 Zoe etarY ey: (Type Name and Title signed above) UNIM STATES FOEITI'T IN T E PRESENCE OF; INSURA CE OMP9 NY: All UAMNTYCOMPAW ccca�- By: 7 97 gent nd orney-in-Fact - Address: ,3 y VISithu L, DP.ra'� - (Street) r4� L.3Z29b (City/State/Zip Code) Telephone No.: 28619 V(D Page 2 of 3 Mstate of F/ U"21 P,v County ofaeojAofty- On this, the L-J day of f 1991, before me, the undersigned Notary Public of the State of _'/Dfiyf , the foregoing instrumgnt was acknowledged by �� 1D. ��6 el R r � (name of corporate officer), +JResid-ed4 (title), of pAotv ('. R (name of corporation), a F/02i dy) (state of corporation) corporation, on behalf of the corporation. WITNESS my hand and official seal Notary Public, State of '"= '.- My COMMISSION IIICC352293 EXPIRES y' March 26, 1998 iTrF pp P," ;4.•` 90NOE0 TNRU TROY FAIN INSURANCE, INC. Printed, typed or stamped name of Notary Public exactly as commissioned Z Personally known to me, or ❑ Produced identification: (type of identification produced) . ❑ Did take an oath, or I&�Did not take an oath M31,400 l certify that I am the Secretary of l ��vrporation named as Principal in the foregoing Payment Bond; that -�� ti , C I � 2�� , who signed the Bond on behalf of the Principal, was then ' 10-, -- (` _ of said corporation; that I know his/W signature; and his/ham-signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) MU 0 Page 3 of 3 1582• United States Fidelity and Guaranty Company Power of Attorney i• / v S F+6 No. 106669 Know all men by these present That United States Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint George H. Friedlander of the City of Stuart . State of Florida its true and lawful Attom"sMn-Fact, each in their separate capacity if more than one is named above. to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contract and other written instruments in the nature thereof on behalf of the Company in it business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said United States Fidelity end Guaranty Company, has caused this instrument to be seated with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 9 th day of .Tune A.D. 19 97. United States Fidelity and Guaranty Company, / . i'.. .. rcareaaa (Signed) BY ...... ......... A ISM Vice President (Signed) By ... �....�'�^-�!>..�~ ---• --4;�..... • ...................... State of Maryland 1 ssrstant Secretary SS: Baltimore City ) On this 9th day of .Tune A.D. 19 97 . before me personally came Gary A. Wilson, Vice President of United States Fidelity and Guaranty Company, and Thomas E. Huibregtse, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Gary A. Wilson and Thomas E. Huibregtse.were respectively the Vice -President and the Assistant Secretary of the said United States Fidelity end Guaranty Company, the corporation described in and whichexecuted the foregoing Power of Attorney: that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, tharitwas so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively, of the Company. My Commission expires the 1st day of AugtdS t A.D.19 9 $.;a y t,� (Signed) By..Y.:��A.'YY_F�....-c tVa tart Public This Power of Attorney is granted under and by authonry of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24, 1992: Resolved, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings. contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President, or an Executive Vice President, or a Senior Vice President. or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved. printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-n-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to wnich it is validly attached. Resolved, That Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seat of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such AttomeyjsEin Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpt from the Resolutions of the said Company as adopted by it Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect I, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof. I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company, on this _Z�ay of 19 97 - V @" .... .................. �7 �� Assi Secretary S Y Aw 'S 3112/96) 0 FQ OF PERFORMANCE BO KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, PAVD(CdRP)RATION ,, MSTA S.FIDFb= , as Principal, hereinafter called CONTRACTOR, and ,unciJec.=OMIA X _ as Surety, are bound to the City f Cor S ins Florida a Obligee, hereinafter c-ailed OWNER, in the amount of r �4 Dollars 0 3E ! ) for the payment whereof O,NTRACTOR and Surety bind themselvestheir heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entprO into a Contract, Bid/Contract No.: -hi}- I✓ awarded the /-12rL day of , 1 giz with OWNER for in Jaccordance with drawings (plans) and speeificati ns p spar d b which Contract is by reference made a part hereof, and is hereafter re erred to as the Contract; THE CONDITION OF THIS BOND is that if the CONTRACTOR: 1. Fully performs the Contract between the CONTRACTOR and the OWNER for construction of 7 ZIP within ix calendar days after the date of contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract; and 2. Indemnifies and pays OWNER all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of CONTRACTOR), expenses, costs and attorney's fees and costs, including attorney's fees incurred in appellate proceedings, that OWNER sustains because of default by CONTRACTOR under the Contract; and 3. Upon notification by the OWNER, corrects any and all defective or faulty work or materials which appear within one (1) year after final acceptance of the work. 4. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this Bond is void, otherwise it remains in full force. Whenever CONTRACTOR shall be, and declared by OWNER to be, in default under the Contract, the OWNER having performed OWNER'S obligations thereunder, the Surety may promptly remedy the default, or shall promptly: Page 1 0f 4 C� J • • 4.1 Complete the Contract in accordance with its terms and conditions; or 4.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive Bidder, or, if the OWNER elects, upon determination by the OWNER and Surety jointly of the best, lowest, qualified, responsible and responsive Bidder, arrange for a contract between such Bidder and OWNER, and make available as work progresses (even though there should be a defaylt or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the OWNER named herein and those persons or corporations provided for in Section 255.05, Florida Statutes, or their heirs, executors, administrators or successors. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes, The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Surety's obligation under this Bond. Signed and sealed this 13�day of , 1927 (CORPORATE SEAL) Page 2 of 4 PAYER CORPORATION (Name of Corporation) By. �Signature �andTitle JON D. CHELLGREN PRESIDENT (Type Name & Title signed above) �J C� !N T PRESENCE OF: State of FiCRIDI? County of INSURANCE COMPMY: UNMSTATESFoEmy =74 COMPAW By: 3 97 Agent a Att r ey-in-Fact Address: -Sj E j �--b kU LL�E (Street) (City/ tate/Zip Code) Telephone No.: SQL 2)a�S-Vbf 7 On this, the �ZF day of 199P, before me, the undersigned Notary Public of the State of i / the foregoing instrumept was acknowledged by J - � D. C 7 � f7tr (name of corporate officer), r'F'rs (title), of I I ,—, , _�2 ; � ,J _ (name of corporation), a (rh-f/(state of corporation) corporation, on behalf of the corporation, WITNESS my hand and official seal y , �<a-- (� r e Za4V-- Notary Public, Stge of BARBARA A. BUCHANAN a= MY COMMISSION N CC352293 EXPIRES Printed, typed Notary Public exactly as commissioned ® Personally known to me, or ❑ Produced identification: (type of identification produced) CI Did take an oath, or M Did not take an oath Bonded by:. Page 3 of 4 9 CERTIFICATE AS TO CORPORATE PRINCIEAL /1xs7` certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that JcN . c`'-�4l 1r4J who signed the Bond on behalf of the Principal, was then %�Prs �d��t" of said corporation; that I know his/Igor signature; and his/Wt signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. - - (CORPORATE SEAL) • • Page 4 of 4 1582457 United States Fidelity and Guaranty Company LT s F+G� Power of Attorney i No. 106669 Know all men by these presents: That United States Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of Marylana and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute ano appoint George H. Friedlander of the Ciryof Stuart , State of Florida its true and lawful AttorneylsFin•Fact, each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said United States Fidelity and Guaranty Company. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 9 th day of June . A.D. 19 9 7 United States Fidelity and Guaranty Company, sSStr,WQ ��� attmom (Signed) 8y ...........IM .......%�/fj./..?.. r a t Vice President (Signed) By ......... �,ssn,ecretary State of Maryland) SS: Battimore City ) On this 9th day of June A.D. 19 97 . before me personally came Gary A. Wilson, Vice President of United States Fidelity and Guaranty Company, and Thomas E. Huibregme. Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Gary A. Wilson and Thomas E_ Huibregtse-vvere respectively the Vicefresident and the Assistant Secretary of the said United States Fidelity and Guaranty Company, the corporation described in and whichexecuted the foregoing Power of Attorney, that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, thatit was so affixed by order., of She Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively, of the Company. My Commission expires the 1st day of August A.O.19 f�9IL.-I) c� f (Signed) By....... YYrY-fit .....t%}....... iL�!U -1.� /MOYIN� �No ouauc _ tery PUbI1C This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 14, 1992: i Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s}in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions_ Said Powerls) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary. under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein. any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved, That Attomey(s} in -Fact shall have the power and authority. and, in any case. subject to the terns and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(sj-in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1 I, Thomas E. Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect. I, the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. i In TesIrnory, Where f, I ha hereunto set,yy hand and the seal of the United States Fidelity and Guaranty Company, on this day of Assistant Secretary lag �f'rhZ rev FS 3112/96) CONTRACT THIS CONTRACT, made and entered into this day of 19y7;_1, by and between: CITY OF CORAL SPRINGS 9551 West Sample Road Coral Springs, Florida 33065 (hereinafter referred to as "OWNER") A PAVEX CORPORATION 2501 Northwest 48 Street Pompano Beach, Florida 33073 (hereinafter referred to as "CONTRACTOR") W I T N E S S E T H: IN CONSIDERATION of the mutual covenants and conditions as herein expressed and of the faithful performance of all such . covenants and conditions, the parties do mutually agree as follows: is 1..1 The Contract Documents, attached hereto and made a part hereof, consist of the Invitation to Bid, instructions to Bidders, Drawings, Plans and Specifications, Bid Form, Bid Security, CONTRACTOR'S Bid (including documentation accompanying Bid and post Bid documentation submitted prior to the Notice of Award), Qualifications Statement, Contract, Addenda, the Notice of Award, Notice to Proceed, Payment and Performance Bonds, the Special Conditions, Supplementary Conditions, any additional documents which are required to be submitted under the Contract, and all amendments, modifications and supplements issued on or after the effective date of the Contract. Page 1 of 6 ARTICLES 2.1 The CONTRACTOR shall furnish all of the labor, materials, equipment, transportation, supplies and services necessary to perform all of the work required by the Contract Documents for: ROADWAY RESURFACING/STRIPING 3.1 TIME IS OF THE ESSENCE OF TEIS CONTRACT. 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 completed and ready for final payment within One Hundred Twenty (120) calendar days from the date of Contract Commencement. Failure to achieve timely, substantial and/or final completion shall be regarded as a breach of this Contract and subject to the appropriate remedies including but not limited to, liability for liquidated damages in accordance with Paragraph 11.4 of the General Conditions. 4.1 The OWNER shall pay the CONTRACTOR in current funds for the performance of the work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of TWO HUNDRED TWENTY-ONE THOUSAND THREE HT=RED EIGHTY-SEVE &.15/LQ0 ($221,387.15) . 5.1 The CONTRACTOR may requisition payments for work completed during the project at intervals of not more than once a month in accordance with Article 13 of the Special Conditions. The CONTRACTOR's requisition shall show a complete breakdown of the Page 2 of 6 An project components, the quantities completed and the amount due, together with properly executed releases of liens by all subcontractors, suppliers and material men who were included in the CONTRACTOR's current and 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 OWNER 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 Ten percent (100) of all monies earned by the CONTRACTOR shall be retained by the OWNER until the work is totally completed as specified, and accepted by the OWNER except that after fifty percent (500) of the work has been completed, the OWNER may reduce the retainage to five percent (50) of all monies earned. 5.3 The OWNER may withhold in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: •5.3.1 Defective work not remedied. • 5.3.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the CONTRACTOR. 5.3.3 Failure of the CONTRACTOR to make payment to subcontractors or suppliers for materials or labor. 5.3.4 Damage to another contractor not remedied. 5.3.5 Liability for liquidated damages has been incurred by the CONTRACTOR. 5.3.6 Reasonable evidence that the work cannot be completed for the unpaid balance of the Contract Sum. 5.3.7 Reasonable evidence that the work will not be completed within the Contract Time. Page 3 of 6 5.3.8 Persistent 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 OWNER which will protect the OWNER in the amount withheld, payment may be made in whole or in part. FINAL PAYMENT 6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the OWNER to the CONTRACTOR in accordance with the provisions of Article 1.3 of the Special Conditions when the work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the ENGINEER. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Special Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 7.3 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of the State, the validity of the remaining portion or provision shall not be affected thereby. 7.4 CONTRACTOR shall not assign or transfer the Contract or its rights, title or interests therein without OWNER'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 OWNER shall first consent in writing to the Page 4 of 6 assignment. Violation of the terms of this Paragraph shall constitute a breach of Contract by CONTRACTOR and the OWNER may, at its discretion, cancel the Contract and all rights, title and interest of CONTRACTOR shall thereupon cease and terminate. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Contract in triplicate. THIS AGREEMENT will be effective on , ATTEST: /711 -/-CHA.RLES S HWABE ACTING CITY CLERK APPROVED AS TO FORM: Rhcha Glasco Foderingham Assistant City Attorney State of Florida County of Broward CITY OF CORAL SPRINGS, FLORIDA 177. JbHN SOMMERER,•R The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the .2 g_ day of �/.�. 1997, by -Q--&e*werbe and John Sommerer, Acting City Clerk and Wayor, respectively. //Erry r 5• � ems. Notary Public, State of Florida NOTARY PUBLIC SEAL OF OFFICE _ 71/AAM S . 16�E,4Ce OFFICIAL NOTARY SEAL �r�1Y PV Printed, typed, or stamped name of Notary DIANA S DE PACE 2 n COMMMSM" NUMBER Public exactly as commissioned Q C C551023 Individuals who signed are personally 7r a MY COMISISIONEXPIRES }mown: no identification produced Page 5 of 6 • CONTRACTOR PAVEX CORPORATION Jon D. Chellgren, President State of E rid County of 1r On this, the -610_ day of , 1997, before me, the undersigned Notary Public of the State of the foregoing instrument was acknowler3yed by (na of co orate officer), _ (/rL°511��,C,-,f-, (title) , of RUcx ,ncpm4im� _ (name of corporation) , a - F I f)C7 (state of corporation) corporation, on behalf of the corporation. WITNESS my hand I and official seal�(,���%�p��((C� (Siggature)C; , " JACQUELINE GUILRICC1 U MY COMMISSION # CC 13UM E)TIRES Notary Public, State of BONDED Febrinty 19,1998 THRIi NOTARY PU91,lC UNOERYYRt1616 _ lrl 1 C.L. ' _ Printed, typed or stamped name o�ry Public exactly as commissioned d--I�ersonally known to me, or © Produced identification: (type of identification produced) Page 6 of 6 • NOTICE OF AWARD • ..-•_mom. ••f�� TO: (Bidder - Use Full Name) Address) ON a (Town, State, Zip Code) You are hereby notified that your Bid, dated June 25. 19 9.7 for the above work has been awarded by the Coral Springs City Commission on July 15. 1997. The Contract price is l uQ Hundr&J-Twenty-One TbQu5a„nd Three Hundred Eighty- v Dollars ($221,387.15). 1. Submit three (3) copies of the Performance and Payment Bonds to this office. Instructions to the Surety and the Principal for execution of the Bonds are as follows: Page 1 of 2 Notice of Award Where the Contractor is a Corporation, the Agreement and any Bonds must be executed by the President or the Chairman of the Board of the Corporation. The Agreement, or Bond, is accompanied by a statement certified by a Secretary of the Corporation. The signatures of the persons executing the Bond on behalf of the Principal and of the surety, respectively, shall each be dated on the signature line. If the Bond is executed by an Attorney -in -Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so is plainly identified on the face of the Power of Attorney. Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document. The Secretary, or other properly authorized Officer, must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the Bond was executed by the Attorney -in -Fact. 2. Include three (3) copies of you current Certificate of Insurance. The Certificate must name the OWNER (City of Coral Springs) as an additional insured and the standard cancellation clause must read as follows: "Should any of the above described policies be canceled or changed by restricted amendment before the expiration date thereof, the issuing Company will give thirty (30) days written notice to the below named certificate holder". Failure to comply with these conditions within the time specified will entitle the City to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you comply with the above conditions, the City will return to you one fully signed counterpart of the Contract Documents. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact the Purchasing Division office at (305) 344-1100. Angelo Sal mone Purchasing Administrator Page 2 of 2 �M DMOM*1101604 It Dated July 29 , 19 97 TO: -P-AVEX CORPORATION (Bidder) PROJECT NO: a7.3056 OWNER'S BID NO: - You are notified that the Contract time under the above Contract will commence to run on AU_ U_ST 4_, 19 97 . By that date, you are to start performing the work and your other obligations under the Contract Documents. The date of Final Completion is set forth in the Contract IS ONE HUNDRED TWENTY (120) consecutive calendar days or NOVEMBER_21 , 19 97 CITY OF CORAL „SPRINGS. FLORIDA (OWNER) By.. Ang o Salomone cc: N. Chin, City Engineer A. Pazin, Design Engineer . EXHIBIT "B" ADDENDUM TEMP. REso #7990 OWNER: CITY OF TAMARAC PROJECT NAME: 7525 N.W. 88th Avenue Street Resurfacing Program Tamarac, FL 33321 CONTRACTOR: Pavex Corporation BID NO: 97-B-142F 2501 NW 48th Street City of Coral Springs Pompano Beach, FL 33073 CONTRACT PRICE: $304,608.88 PAVEX CORPORATION agrees and accepts to add this Addendum (10 pages including this page) to the Contract Documents of City of Coral Springs Bid No. 97-B-142F. The City of Tamarac and its Officers, Agents, Employees and Commission Members shall be added as additional insured parties in the Contract Liability Insurance policies. PURPOSE OF THE ADDENDUM: To accommodate the street resurfacing program of the City of Tamarac. u RECOMkIIENDED ACCEPTED PAVEX CORPORATION BY BY Raj Ver Type 6rint Name Public rks Director N D. CHELLGREN PRESIDENT DATE oc--r se t999 DATE 1117 Linda Furry oa Purchasing/Contracts Manager DATE 119 7 file: memos\street resurfacing -phase 1 1 of 10 Addendum Is CITY OF TAMARAC STREEI RESURFACING PROGRAM General scope of work shall consist of furnishing all labor, materials, equipment and incidental items to resurface all City streets as identified on pages 7, 8, 9 and 10 of this Addendum. Work shall include applying a leveling course, where applicable, followed by a top surface course compacted not less than one (1) inch thick unless approved by the Public Works Director in advance. Both, the leveling course and top surface course shall be Florida Department of Transportation (FDOT) Type S-3 asphaltic concrete. All tack coats, emulsions, etc. shall have excellent and lasting bonding abilities and shall conform to FDOT specifications for similar types of resurfacing work. Work shall also include adjustment of driveways, sanitary sewer manholes, and water valves. All work must be completed within 60 calendar days from the date of "Notice to Proceed." City shall not be responsible for any delays beyond its control. SPEC I F CATION AND SPECIAL CONDITION 1. Tecbnical Specificgtions Unless specified otherwise, all technical specifications shall conform to the Florida Department of Transportation (FDOT) Standard ci i ations for Road and Bridge Construction, most recent edition. 2. Use of Rppycled As hal All asphaltic concrete to be used either in leveling course or surface course shall not contain any recycled asphalt. 3. Site Prepgration Prior to placing tack coat and asphalt, all grass, debris, trash, foreign materials, etc. shall be removed and disposed of by the contractor at no additional cost to the City. 4. Finished Surfage. Edges,Gradgs and Cross SlQges The finished surface shall be level and smooth and must conform to the tolerance limits set forth in FDOT Standard S cifications for Rggd and Bridge Construction, most recent edition. In case of any conflict or variation, the City shall be the sole judge of establishing acceptable tolerances. file: memoslstreet resurfacing -phase 1 2 of 10 Addendum C, J Like the finished surface, all edges shall be level, smooth and straight. Where necessary, or required, edges shall be feathered smoothly well beyond the finished surface so as not to cause any stormwater accumulation or any abrupt change in grade causing a driving hazard. In some instances it will be necessary to cut and match an intersecting street or a driveway. The City shall be the sole judge of making the determination whether the adjustment should be "feathering" or by "cut and match" methods. On streets with curb and gutter, the top surface asphalt course shall be feathered in a manner such that either the asphalt is flush with the edge of concrete gutter or is 1/4" maximum above the concrete gutter. All grades, both in longitudinal and transverse directions, shall be adjusted and maintained in a manner so as to cause all stormwater runoff to flow towards the designated stormwater inlets (catchbasins). Contractor shall be responsible for studying the direction of stormwater flow with respect to the location of stormwater inlets (catchbasins) and accordingly create high and low points with suitable cross slope adjustments to maximize stormwater flow into the catchbasins. Any stormwater accumulation condition shall not be acceptable and shall be corrected by the Contractor at no expense to the City. In case of doubt, the Contractor shall verify with the Public Works Director, first. 5. ClognuI2 and Restoration During and after completion of all asphalt work, the Contractor shall be responsible for all cleanup. Leftover emulsion, asphalt, aggregate, etc. must be completely removed from the work area. If any grassed area is disturbed, it shall be promptly restored at Contractor's expense. 6. Traffic Conlro.1and Workin ours The Contractor shall be responsible for maintaining all traffic controls during the entire period of resurfacing. All traffic controls shall conform to Manual of Uniform Traffic Control Device,(MUTCD) and Florida Department of Transportation Rpadway and Traffic,—Qesign Standards, latest editions. At all times, at least one lane shall be kept open with adequate and legal traffic control. Work should be avoided during peak traffic hours. Working hours are set between 8 A.M. to 6 P.M. Any deviation shall be approved in advance by the Public Works Director or designee. 7. Responsible Supervisor at Job Site at All Times The Contractor shall assign to the work site at least one (1) supervisor at all times who shall be capable of making field decisions, interpreting plans, if any. file: memos street resurfacing -phase 1 3 of 10 Addendum 8. Arm tp ante Acceptance shall be based upon satisfactory completion, performance and appearance of the resurfacing after the materials have cured and are open to traffic. Prior to final acceptance, the Contractor shall repair and overlay, satisfactory to the City, all defective areas. Any resurfaced or adjusted area which is found to be raveling, cracking, peeling off, stripping under traffic, etc. shall be rejected and shall be resurfaced by the Contractor at no expense to the City. The City shall be the sole judge of performance and acceptability. 9. Mix Desj_gn._Material Te.§ting and Evaluation After the award of the contract, the Contractor at his/her own expense, shall submit a mix design, certified by an independent registered professional engineer in the State of Florida, to the Public Works Director prior to commencement of any work. All testing and evaluation shall be performed by an independent testing laboratory. Mix design, material testing and evaluation shall follow the guidelines as stipulated in the FDOT Standard S e ifi ions for Rggd and Bridge Construction, most recent edition. 10. Basin of Payment and Right to Change Quantities Payment at the contract unit price shall be inclusive of all labor, materials, equipment and incidental items, and shall be based upon the actual quantities placed. Payment of leveling course, in place and accepted, shall be made at the contract price per ton. Payment of top surface course, in place and accepted, shall be at the contract price per square yard. Quantity control for payment for leveling course shall be at a mutually agreed method between the City and Contractor. Compacted top surface course hall be at least 100 pounds per square yard per inch thick. Quantities, as identified in the Schedule of Quantities „a,nd Price at 14, are for estimate purposes only and accuracy is not implied. Payment shall be based upon actual quantities placed and accepted at the contract unit price. The City reserves the right to add or delete any item and adjust the contract based upon the contract unit price which best serves the interest of the City. No other adjustment shall be allowed unless approved in advance by the City. 11. Cgnflicts with FDOT Standard Specificatioi3a for Road and Bridge C n i The Contractor shall immediately bring to the attention of the Public Works Director any conflict between the City of Tamarac's Specificatigm and Special Conditions and FDOT Sgecifications for Road and Bridge Constr c i n most recent edition, prior to any work. Failure to do so shall result in the interpretation made by the Public Works Director whose decision shall be final. file: memos\.street resurfacing -phase 1 4 of 10 Addendum �J Not withstanding any provision of the FDOT S12ecificationr2 f_Qr Road and Bridge Construction, most recent edition, Contractor shall warranty the soundness of all resurfacing for at least one year after the date of final acceptance of work. 12. Availability ofArea to SUre Equipment and Matgrial City will make every effort to provide suitable areas, including public right-of-way, to store equipment and material. However, the City does not guarantee that suitable areas would be available at all locations. Restoration of storage areas shall be Contractor's responsibility. 13. FaMiliarijy With the Total 9cope of Project and Streets The Contractor shall be responsible to familiarize himself with the total scope of the project, interpretation of the plans/drawings, if any, and the streets prior to commencement of any work. City shall not provide any elevations for reference. Contractor shall be responsible for all layout including establishing proper grades to maintain or improve the existing stormwater flow. In case of any questions or conflict, they must be brought to the attention of the Public Works Director prior to any work. City shall not be responsible for Contractor's failure to comply with this requirement. Contractor shall be responsible for locating all utilities that may interfere with this resurfacing program. Contractor shall be responsible for repair and restoration of all utilities damaged during resurfacing. (Remaining page left intentionally blank) file: memos\street resurfacing -phase 1 5 of 10 Addendum • is 14. Schpdule of Quantities & Price SCHEDULE OF QUANTITIES AND PRICE PAY ITEM UNIT QUANTITY UNIT COST COST Leveling Course Ton (T) 2,500 31.65 $ 79,125.00 (Asphalt Type S-3) (ton) Surface Course 1" Square Yard (SY) 117,150 1.5825 $185,389.88 thickness (Asphalt 5,857.5 (tons) (SY) Type S-3) Driveway Adjustment Each 800 30.00 $ 24,000.00 by "Cut and Match" (each) Sanitary Sewer Each 100 76.00 $ 7,600.00 Manhole Adjustment (each) (1' riser) Sanitary Sewer Each 39 50.00 $ 1,950.00 Manhole Adjustment (each) (Milling) Water Valve Each 37 12.00 $ 444.00 Adjustment (each) Traffic Control (MOT) LS for all - - $ 6,000.00 and Edge Cleaning Streets/Driveways TOTAL $ 304,508.88 Notes: All quantities shown in this schedule are for estimate purposes only. No accuracy is guaranteed. Payment shall be based upon actual quantities placed and accepted. 2. The quantities identified in this schedule for driveway adjustment include certain driveways where no adjustment may be necessary. 3. Certain sanitary sewer manholes and water valves in this schedule may not require any hardware for adjustment. 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