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Home My WebLink About1996-30 Bid Award Terramar Park RESOLUTION NO. 96-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORID, AUTHORIZING THE AWARD OF A CONTRACT FOR CONSTRUCTION OF TERRAMAR PARK, CITY CONTRACT NO. 96-01, TO ROCKLAND CONSTRUCTION; CONTAINING AN EFFECTIVE DATE WHEREAS, the City of Parkland advertised for competitive bids for the construction of Terramar Park, City Contract No. 96-01; and WHEREAS, the City of Parkland received nine (9) bids from the following bidders: C.O.B.A.D. Construction; ACT Services; DiPompeo Construction; RL. LaRoche, Inc.; Max South Construction; Padula & Wadsworth; R L. Saum Construction; Rockland Construction and Urban Organization. WHEREAS, the City Commission finds that the bids ofC.O.B.A.D. Construction and Urban Organization are nonconforming bids as they failed to truthfully complete the bid specification forms; further, they did not submit a responsive bid because of an obvious inaccuracy on a material question relating to failure to complete past projects and further, they did not provide an accurate answer, and the criteria required qualified bidders who can complete the job and are responsible. WHEREAS, the City Commission of the City of Parkland has fully reviewed all bids and determined that the bid of Rockland Construction is the lowest responsible and responsive bid which best meets the criteria set forth in the bid packet and that based upon the bid price and other factors to be considered it is in the best interest of the City to accept said bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AS FOLLOWS: Section 1. That, Rockland Construction is hereby awarded a contract in the amount of $3,485,000.00 for the construction of said Terramar Park, City Contract No. 96-01; provided that the specified Musco Lighting non-glare product be used. Section 2. The City Commission does hereby authorize the Mayor to execute a contract for the construction of Terramar Park with Rockland Construction. All other appropriate City officials are authorized to execute said contract and to implement same. Section 3. The appropriate authorities are hereby authorized to draft a contract acceptable in form to the City Attorney and City Manager, and upon approval of the City Attorney and City Manager as to the form of contract, they shall enter into said contract with Rockland Construction. RESOLUTION NO. 96-30 PAGE 2 Section 4. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 21 DAY OF AUGUST . 1996. CITY OF PARKLAND ~&A ATTEST: _~a::~~ SUSAN ARMSTRON~. C.. .C. CITY CLERK City of Parkland 6500 Parkslde Drive Parkland, Florida 33067 (954) 753-5040 (954) 341-5161 Fax NOTICE TO PROCEED TERRAMAR PARK CITY CONTRACT #96-01 To: Rockland Construction Comoany 8360 State Road 84 Fort Lauderdale. Florida 33324 ATTN.: Charles Raymond. President Date: Project: Seotember 12.1996 Terramar Park You are hereby notified to commence Phase 1 WORK in accordance with the Agreement dated Seotember 4, 1996, on or before Seotember 17, 1996, and are to substantially complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all Phase 1 WORK is 210 consecutive calendar days from this Notice to Proceed or 30 days after the substantial completion date for Phase 1, whichever is sooner. City of Parkland ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ~~L.tT5 J~ .Je9YH6J-.A>) /Je.cr~J r the /3 r #-day of SE)Dre"J1B~ 19 '1/::. . this ~., . {me .lAVE FEDERMAN (11;.: '.:." MY.COMMISSION' CC 844108 . ',1 EXPIRES: JanuIry 25, ,. IIoI!lIlld TIlllI '**'Y NIIc IhIIndn ond President Rockland Construction Comoanv . . SECTION 00690 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS IS THE AGREEMENT WHICH WILL GOVERN THE SUCCESSFUL BIDDER'S PERFORMANCE UNDER THE CONTRACT AND SHALL BE EXECUTED BY THE SUCCESSFUL BIDDER. ALL BIDDERS, BY SUBMISSION OF THEIR BIDS AGREE TO EXECUTE THIS CONTRACT IF SELECTED BY CITY TO PERFORM THE PROJECT. This Agreement is entered into between the City of Parkland, 6500 Parkslde Drive, Parkland, Florida, as OWNER, and Rockland Construction Company 8360 State Road 84 Ft. Lauderdale. 33324 (CONTRACTORS NAME AND i- ' ADDRESS), as CONTRACTOR, made as of the If day OfS~"'7e;n.c1~ In the year of Nineteen Hundred and Ninety Six. " 1. This Agreement shall consist of the Contract Documents, of which this Is a part. The Contract Documents shall consist of this agreement, the entire Bid packet and all documents contained therein, Inclu~ing, but not limited to, the Instructions to Bidders, the General Conditions (as revised), all Construction Plans, drawings and technical specifications and the bid submitted by the Contractor (except those provisions of the Bid not accepted by the OWNER) and any addendum Issued by the CITY. 2. Three million four hundred eighty five Thousand and 00/100 dollars The total contract price shall be (In words) J 3,485,000.00 wbicbcshatkiacdude6eefoHowing.........x ~~j~~~~&~~ Alternates to be determined within sixty days of award date. SECTION 00690 - 1 of 11 3. Substantial and final completion shall be achieved as set forth in the. contract documents. 4. CONTRACTOR shall ensure that all subcontractors materialmen, laborers, or other providers of goods and services are paid In full for services properly rendered. This shall be the full responsibility of the CONTRACTOR and a requirement for payment 6. Based upon application for payment submitted to the Architect, by CONTRACTOR and certificates for payment issued by the Architect, the. OWNER shall make progress payments on account of the contract sum as set forth below or elsewhere in the contract documents. 6.1 No progress payments shall be made more often than 30 day cycles. The first 30 day cycle shall begin 30 calendar days after Commencement of construction and continue thereafter in 30 day Intervals provided that application for payment be made within 3 days of the commencement of each period. The architect shall then have 7 days to review the application for payment and either approve or deny the appUcation or authorize a payment of a lesser amount. The OWNER shall, within 20 day. of any certificate for payment from the Architect, make the payment .et forth In the certificate less a 10% retainage which shall be retained by the OWNER to assure final completion of the- work according to the Contract Documents. 6.2 Each application for payment shall be based upon the schedule of values submitted by the Contractor in accordance with the contract documents. The schedule of values shall fairly allocate the contract sum among the various portions of the work and be prepared by the CONTRACTOR, but must be approved in writing by the Architect In case .the Architect and. CONTRACTOR cannot agree on a schedule of values, the Architect shall SECTION 00690- 2 of 11 determine the schedule of values to be used. 5.3 Applications for payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the application for payment The architect may require additional substantiation with regard to said percentage of completion which shall be Immediately provided by the CONTRACTOR. The provisions of SectlonS.5. and 9.6 of the General Conditions shall, In addition to these provisions govern all progress payments.. 6.4 . The Architect may subtract from the certificate of payment any amounts provided for by Sec. 9.5 of the General Conditions of any amount which the Architect deems to represent work not completed in strict compliance with the contract documents. 5.5 Upon substantial completion of all work, the Architect shall have the sole discretion to reduce the retainage amount to 5% provided there has been .' no delay In the work. However, Architect may stili withhold amounts representing work which Architect deems incomplete or Inconsistent with the contract documents or unsatisfactory or the amount of any unsettled claims or withhold amounts set forth In Section 9.5.1 of the General Conditions. Retainage reduction to 5% at Architect's discretion, may be applied to each Phase. Furthermore, upon Final Completion of Phase One,.. Architect may reduce retalnage amount for Phase One work to 2%. 6.6 All applications for payment shall contain an affidavit from CONTRACTOR that all subcontractors, laborers, materialmen, and other providers of services have been paid in full for services to date. The Architect may also . request other assurances from the CONTRACTOR, Including, but not limited to full or partial releases or waiver of liens. SECTION 00690 - 3 of 11 6. Payment upon substantial completion shall be made by the OWNER to the CONTRACTOR when substantial completion has been achieved and the CONTRACTOR has executed an affidavit that all subcontractors, materialmen, laborers, suppliers of goods and services and any other agents or employees engaged by subcontractors have been fully paid and no sums are due and owing to any other parties on account of work performed, and that work is substantially complete In accordance with the contract documents and the Architect issues a certificate for payment indicating that substantial completion has been achieved. As a prerequisite to payment, the Contractor shall supply the '~ec~ssary' releases and waivers of liens to assure the Owner and Architect that all subcontractors, materialmen, providers of goods and services and all other persons engaged in the project have been paid in full. The application for payment at the time of substantial completion shall also contain an acknowledgment of the work remaining in order to achieve final completion which acknowledgment must be approved as to content by the Architect. '. ' 7. Final payment shall be made upon execution of a certificate for payment which reaffirms (by affidavit) the fact that all subcontractors, materialmen, laborers, suppliers of goods and services and any other agents or employees engaged by subcontractors have been fully paid and no sums are due and owing to any other parties on account of work performed and that there are no valid claims of liens by any parties participating In the work in any way and that the work is complete In all respects In accordance with the contract documents. The OWNER shall make final payment upon receipt of a certificate for payment which concludes that the applications for final payment are correct and that final completion has been achieved. All necessary releases and waivers of liens as specified above must be submitted to the satisfaction of the Owner and Architect. 8. CONTRACTOR shall submit to Architect and OWNER AlA Document G702 SECTION 00690 - 4 of 11 (or other form acceptable to the Architect) for monthly payment and such other documentation as specified herein. 9. The OWNER shall not be liable for any preJudgement Interest for any amounts not paid to contractors for amounts in excess of those amounts contained in the certificate for payment by the Architect. 10. In addition the enumeration of the contract documents contained in Section #1 above. the contract documents shall also Include the following documents (plans and specifications): CONTRACT DOCUMENTS lOA TED JULY 3. 1996) DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Section No.lPages 00020 1-2 00050 1 00100 1-21 00300 1-7 00302 1-2 00410 1-2 00430 1 00450 1-6 00460 1 00480 1-2 00490 1-3 00610 1-5 00620 1-4 00690 1-11 00700 '. 1-4 Title Notice to Bidders Bid Submission Checklist Instructions to Bidders Bid Form Foreign (Non-Florida) Corporate Statement Bid Bond Qualification Request Form General Contractor Questionnaire Contractor Affidavit Non-Collusive Affidavit Authority to Execute Bid and Contract (With Certified Resolution) Form of Performance Bond Form of Payment Bond Agreement Between Owner and Contractor General Conditions (AlA A201) SECTION 00690 - 5 of 11 Section No.lPages 00710 1-4 00800 1-14 00900 1-3 Title Additional General Conditions Supplementary General Conditions to AlA Document A201 Special Provisions DIVISION 1 - GENERAL REQUIREMENTS, 01030 01300 01410 01510 01700 1-4 1-5 1-4 1-3 1 Description of Alternates Submittals Testing Laboratory Services Temporary Facilities and Services Close-out DIVISION 2 - SITE WORK 02110 02220 02221 02401 02503 02504 02508 02509 02513 02580 02721 02122 02800 02830 02860 " 1-4 1-5 1-4 1-2 1-4 1-4 1-3 1-2 1-5 1-2 1-4 1-6 1-7 1-5 1-7 Site Clearing Earthwork Excavation & Backfill for Underground Utilities Dewatering Subgrading Limerock, Coquina, or Shellrock Base Prime and Tack Coats Asphaltic Concrete Surface Course Concrete Curbs, Curbs and Gutters and Sidewalks Pavement Marking and Signage Storm Sewer System Sanitary Sewer System, Gravity Water Distribution System Chain Link Fencing & Gates Tennis Courts SECTION 00690 - 6 of 11 Section No.lpages 02862 1-3 02870 1-2 029001-16 02910 1-3 02930 1-6 Title Basketball Courts Site Furnishings Planting Existing Tree Relocation Sprigging (Playing Fields) DIVISION 3 - CONCRETE . 03100 03200. 03300 1-5 1-3 1-12 Concrete Formwork Concrete Reinforcement Cast-In-Place Concrete DIVISION 4 - MASONRY 04200 1-10 Unit Masonry DIVISION 5 .;. METALS 05500 05521 1-3 1-6 Metal Fabrication Pipe Railings DIVISION 6 - WOOD & PLASTICS 06100 1-5 Rough Carpentry 06192 1-4 Prefabricated Wood Trusses 06200 1-3 Finish Carpentry 06300 1-2 Wood Treatment 06400 1-6 Architectural Woodwork DIVISION 7 - THERMAL AND MOISTURE PROTECTION '~ : . .,~. ,.: :'1. . ,.- ~. . ~ ... SECTION 00690 · 7 of 11 Section No.lpages 07210 1-2 07600 1-4 07610 1-3 07900 1-3 Title Building Insulation Flashing and Sheet Metal Metal Roofing and Flashing Sealants DIVISION 8 - DOORS AND WINDOWS 08110 1-5 Metal Doors . . 08305 1-3 Access Doors 08330 1-4 Rolling Doors 08610 1-4 Sliding Aluminum Windows 08710 1-4 Finish Hardware DIVISION 9 - FINISHES 09210 09251 09700 09900 1-3 1-5 1-2 1-6 Portland Cement Plaster Gypsum Drywall Construction Epoxy Floor Painting DIVISION 10 - SPECIALTIES 10160 10200 10440 10522 10538 10800 1-4 1-3 1 1-3 1-3 1-4 Toilet Partitions and Urinal Screens Louvers Interior Signs Fire Extinguishers, Cabinets and Accessories High Strength Storm Panels Toilet and Bath Accessories SECTION 00690 - 8 of 11 DIVISIONS 11 -14 NOT USED DIVISION 15 - MECHANICAL Section No.lPages Title 15010 1-10 Mechanical General Provisions 15042 1-3 Tests 15250 1-2 Mechanical Systems Insulation 15400 1-9 Plumbing 15600 1-10 Heating, Ventilation and Air Conditioning 15990 1-10 Testing & Balancing Air & Water Systems DIVISION 16 - ELECTRICAL 16010 16110 16120 16134 16140 16153 16180 16190 16450 16500 16740 ~PPENDIXES 1-4 1-5 1-3 1-2 1-3 1-11 1-3 1-3 1-2 1-4 1-2 Electrical General Provisions Raceways & Boxes Conductors Panelboards Switches & Receptacles Sports Lighting Safety Switches, Circuit Breakers & Fuses Support Devices Grounding Parking & Utilitarian Lighting Telephone System. Empty Conduit A. Geotechnical Report SECTION 00690 - 9 of 11 CONSTRUCTION PLANS (EACH SHEET DATED JULY 3. 1996) Section Name General Pages TMR-K100, TMR-EX100 and TMR-D220 Civil TMR-C200, TMR-C210, TMR-C220, TMR-C300, TMR-C310, TMR-C320 and TMR-C330 Site/Landscape TMR-L200, TMR-L210, TMR-L220, TMR-L230, TMR-L240, TMR-L300, TMR-L310, TMR-L320 and . . TMR-L330 Architectural TMR-A100, TMR-A200, TMR-A210, TMR-A220, TMR-A300, TMR-A310, TMR-A320, TMR-A330, TMR-A400and TMR-A410 Structural TMR-S100, TMR-S200 and TMR-S300 Mechanical/Plumbingl Electrical TMR-M100, TMR-M200, TMR~M300, TMR-P100, . TMR-P200, TMR-P210, TMR-E100, TMR-E200, TMR-E210, TMR-E220 and TMR-E300 Irrigation TMR-IR200, TMR-IR210 and TMR-IR220 SECTION 00690 - 10 of 11 Rockland Construction Company OWNER~~'f . DA:E C.9J'lJRA<;'~~.a_~ ~ATE . ~ ~fl.t5'/?y ~~?/96. (signature) (signat~ Sal Pagliara, Mayor Charles J. Ravmond. PTE!I'dCl".nf" (Printed name of individual) (Title) (Printed name of individual) (Title) WITNESSES TO CONTRACTOR DATE ~~~21// . $J~ CITY CLERK ~.~~ Q~~' ." U~ END OF SECTION . . SECTION 00690. 11 of 11 Bond No. 130 76 75 . SECTION 00610 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That. pursuant to the requirement of Florida Statute 255.05. we, ROCKLAND CONSTRUCTION COMPANY . as Principal, hereinafter called Great American Insurance CONTRACTOR. and Company . as Surety, are bound to ttJe Cil)' of Parkland. Florida. as Obligee. hereinafter called OWNER, in the amount of Three Million Four Hundred Eighty Five Thousand & NolOO Dollars ($3,485,000) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract. Bid/Contract No.: 96-01, awarded the 02r' day of /l1l6-tlS'- ,19 ,,& . with OVYNER for Construction of Terramar.Park in accordance with drawings (plans) and specifications prepared by Wallace. Roberts and Todd which Contract is by reference made a part hereof. and is hereafter referred 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 TERRAMAR PARK L Phase 1. as d~tailed in the Contract. shall be substantially complete within 180 consecutive calendar days after the date of contract commencement as speCified in the Notice to Proceed for Phase 1. Final Completion of phase 1 shall be completed within 210 calendar days from the date of Contract commencement or thirty (30) days after th(~ Substantial Completion date for Phase 1, whichever is sooner. SECTION 00610 - 1 of 5 ,...~;;Z Phase two work, as detailed in the Contract, shall be substantially complete within 90 consecutive calendar days from the date specified in the Notice to Proceed for Phase two. Final completion of Phase 2 shalf be completed within 120 consecutive calendar days from the date specified jn the Notice to Proceed for Phase 2 or thirty (3D) days after the Substantial Completion date for Phase 2. whichever is sooner. All work is to be completed in the manner pr~scribed 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 shan 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: 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, SECTION 00610 - 2 of 5 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 default 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 noticeaf 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. SECTION 00610 - 3 of 5 Signed and sealed this 28th day of August .19 96 ~TJ'lESSE~ fJy. I)~ 111I/U'( Secretary Rockland Construction C~any By:~~~e(. p - (Signature and Tit e) (CORPORATE SEAL) Charles J. Raymond, President (Type Name & Title signed above) k~ INSURANCE COMPANY: By ~~~. Agent and Attorney-in-Fact Address 580 Walnut Street Cincinnati, Ohio 45202 (City/State/Zip Code) Telephone No.: 513-369-5000 State of County of f70 n'd~ 'tJ r 0 IfJ{/v( c1 ,.: On this, the ;,~ day of Au t&! . ,19 q'" . before me, the undersigned Notary Public of the State of +-l()l1d4, the foregoing instrument was acknowledg;d by Chlw/ts-7: d1~I(JJ(name of corporate officer), !~J/ck"l (title), of 9toc k kiVul {oJ15lY,d: lj()IJ (name of corporation), a flo1Jd~ (state of corporation) corporation, on behalf of the corporation. SECTION 00610 - 4 of 5 WITNESS my hand and official seal jARfA ,. iJ1. _ .... ~.~- I:.-~ MY --n. ..-21.1'- : I:N"--' "*~ \lClIIdId 1tlN ., Nota Public, Slate of r-Io 11'~L- Printed, typed or stamped name of Notary Public exactly as commissioned ~ersonally known to me, or o Produced identification: (type of identification produced) o Did take an oath, or ~id not take an oath Bonded by: .kaJ fi'!JGA(U,L ~-w?-<:L {];mp~ ~ERTIFICATEAS TO CORPORATE PRf~CIPAL I. Jtl4.J.- .Jf tJiy/yM1t.,/ . certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond; that {!hIN..1u ~ J fJYhY/I ,.who signed the Bond on behalf of the Principal. was then a,!tJ(ctJ,J- of said corporation; that I know . . his/her signature; and his/her 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) END OF SECTION SECTION 00610 - 5 of 5 ( <n&\T ~ 1NSURt\NCE CQMH\NY. 580 WALNUT STREET. CINCINNATI. OHIO 45202.513-389-5000. FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than Six No. 0 15981 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereb(: for all obligees including any and all consents required by the Department of Transportation, State of Florida. incident to the release of retained percentages and/or final estimates: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name CHARLES J. NIELSON JOHN HARRIS CHARLES D. NIELSON WARREN ALTER CONAID LAMBERT MARY c. ACEVES Address ALL OF MIAMI LAKES, FIDRIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOFtheGREAT AMERICAN INSURt~E COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of February , 19 96 Attest GREAT-AMERICAN INSURANCE COMPANY - _. ---:.. 5T A TE OF OHIO. COUNTY OF HAMILTON - ss: On this 6th day of February, 1996 . before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati. Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument: that he kQows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. -"-, -"".., ,,--- .... ..; ,"f v :.... ~..' ~f: .... .. -. ," ~ ... . ;' _, Ii ".-: "1 ~ ~Je, .:~~: ~ 'J :; ; :.,:~ ~.-... .... t....4l'_ "': .....~~ \f: ..... ".~ .' ..-. _'f" '--...". ~... . '''''':J. . '., .... , .-.'C'_~ ....- ._-".,.'" . . 0- ---,.'... This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOL VED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time. to appoint one or more Attorneys-In-Fact to execute on behalfofthe Company, as surety, any and aJ/ bonds, undertakings and contracts of suretyship, or other wncten obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid o(fjcers and any Secretary or, Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract or suretyship, or other written obligation in the nature thereof. such signature and seal when so used being hereby adopted b.v the Company as the original signature of such o(fjcer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manuaJ/ya(fjxed. CERTlFICA TlON I, RONALD C. HAYES. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 28th day of August ,1996 S II S7B (9/9)) (FLORIDA) Bond No. 130 76 75 SECTION 00620 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05. we, ROCn.ARD CONSTRUCTION COMPANY , as Principal. hereinafter called CONTRACTOR, Great American and Insurance Couany , as Surety, are bound to the Citv of Parkland. Florida, Three lIillion Four Hundred as Obligee, hereinafter called OWNER, in the amount of Eighty Five Thousand & Nol QQ..Dollars ($3,485,000.09 for the payment whereof CONTRACTOR and Surety bind themselves, their heirs. executors, administrators, successors and assigns, jOintly and severally. [ I J (. WHEREAS. CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 96-01 , awarded the cJt"day of 41/&11s1 ,19ff., with Construction of OWNER for Terramar Park in accordance with drawings (plans) and specifications prepared byWal1ace,Roberts and Todd which Contract is by reference made a part hereof, and is hereafter 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 c~aimants as defined by Florida Statute 225.05(1) supplying CONTRACTOR with all labor, materials and supplies used directly or indirectly by CONTRACTOR in the prosecution 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: SECTION 00620 - 1 of 4 ... ..--. I -_..~ 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, written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 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 ~ day of August , 19 96 WITNESS: Bc~k1and Construction Company (CORPORATE SEAL) (Name of Corporation) ~~~t!~d Charles J. Raymond President j)~ JJ fJ(o/mt1tJ Secretary (Type Name and Title signed above) SECTION 00620 - 2 of 4 WITNESSES: Secretary (Name of Corporation) By: (Type Name and Title signed above) INSURANCE COMPANY: By: ~.()~ Charles D. Nielson (Agent and Attorney-in-Fact) Address: 580 Walnut Street (Street) Cincinnati, Ohio 45202 (City/State/Zip Code) Telephone No.i5l3 ) 369-5000 State of rich; tltl County of. 13rotA.ttf d " On this, the 2t day of AOf'i/S I , 19't6. before me, the undersigned Notary Public of the State of FL ,the foregoing instrument was acknowledged by (Jhl'ti/lj f. dCH//7J~ (name of corporate officer), lrt'c5J 'k;1 (title), of Roclf ~/JJ [OI/J/'!choJ} fb (name of corporation), a ~rlck,-- (state of corporation) corporation, on behalf of the corporation. SECTION 00620 - 3 of 4 WITNESS my hand and official seal ~4f fiVL '--.. Notary Public, State of f/o r>dA-- I~~r;~~r < (Printed, typed or stamped name of ' Notary Public exactly as commissioned) .D-Personally known to me, or CJ Produced identification: (type of identification produced) o Did take an oath, or ~d not take an oath . CERTIFICATE AS TO CORPORATE PRINCIPAL . . .~ I. tOL/}{AtlL JJ ay/1J//~~ ' certify that I am the Secretary of the corporatIon named as Principal in the foregoing Payment Bond; that (J;wtfy.../ fJay/?'Jt51rdWhO signed the Bond on behalf of the Principal, was then !J.I.4.ull-<<~ of said corporation: that I I know his/her signature; and his/her 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) ~ I J dzf44l/1 {~LtL4/ (~~/J4~~ (Name of Corporation) f END OF SECTION SECTION 00620 - 4 of 4 GUnT ~ INSURANCE CQMMNY- 580 WALNUT STREET. CINCINNATI. OHIO 45202 . 513-369-5000 . FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than Six No.O 15981 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue ofthe laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-fact. for it and in its name. place and stead to execute in behalf of the said Company. as surety. any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation. State of Florida. incident to the release of retained percentages andf or final estimates; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. WARREN ALTER OONAID ~ MARY C. ACEVES Address ALL OF MIAMI LAKES, FLORIDA limit of Power Name CHARLES J. NIELSON JOHN HARRIS CHARLES D. NIELSON ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorneYls)-in-fact named above. IN WITNESS WHEREOFtheGREAT AMERICAN INSURt~E COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of February . 19 96 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss: On this 6th day of February, 1996 . before me personally appeared GARY T. DUNBAR. to me known. being duly sworn. deposes and says that he resided in Cincinnati. Ohio. that he is the President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOL VED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents. or anyone of them. be and hereby is authorized. from time to time, to appoint one or more Attorne.vs-ln-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FUR THER: That the Compan.v seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereb.v adopted by the Company as the original signature of such officer and the original seOlI of the Company. to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICA TION I. RONALD C. HAYES. Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 28th day of August .1996 SIIS78 (9/93) (FLORIDA) Certificate of Insurance FINANCIAL SERVICES ASSOCIATES of A VENTURA, INC. THIS CERTIFICATE IS ISSUED AS A MATTER OF I FORMA I 0 S NO RIGHTS UPON THE CER11f=iCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A1TENTIO~ CERTIFICATE HOLDER: If you have any ~oDS lease contact 8 FISC ERT at 1-800-753-1992 I&sue Date: (MMlDDIYY) 8/26/96 Financial Services Associates 2999 NE 191st. St. Suite 803 Aventura, FI. 33180 Rockland Construction Co. 8360 SR 84 Company Letter A PBO Company Letter B Ft. Lauderdale, FL 33324 e of Insurance General LIability Commercial Liability Claims Made D Occurrence OWners & Contractors Protective All Limits in Thous8nds $ $ $ $ $ Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Garage Liability CSL Bodily Injury Per PerIon $ Bodily Injury Prapelty o.Rllle $ Each Occurrence Other Than Umbrella Form $ Workers' Compensation A And Employers' Liability Statut 345400 1/1/96 12131/96 Other Description of Operations! Locations! Vehlclesl Restrlctlonsl Speclllltems DBA: Terramar Park Contract # 9601 t?ffl'!;;'~>~~r:r~~sxr;::@i!@gwJt4*wrf.~%f;':\~"'.".. ~ . :,. .',' ,; ,':' . . ~ ' . ~ ~ . ;,~ . ..~OC.:-: '.......,....H ."......;.;~...~......."... :~$..ia...uJ'^~-.\~~-.{.J..{jJ..<...~ ................ .. Parkland FL 33067 SHOULD NN OF THE ABOVE DESCRl8ED POIJCIIS III! CANCELED BefORE THE EXPIRATION DATE THEREOF, THE ISSUINQ ~ANES ~ ENDEAVOR TO SEND 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIlURE TO MAIL SUCH NOTIC! SHALL IFOSE NO OBLIGATION OF LIABIL. ITY OF NN KIND UPON THE NN,ITS AGENTS OR REPRESENTATlVES. Aulhortzecl R~ ~ . xxxx City of Parkland 6500 Parksidc Drive Jl8V1: DATE (MMIIlO/VY) 8/28/98 Collinsworth, Alter, Nielson, TIUI CEanncATE III11V1lD AI A MA'l"l'KR 01' INIOIlMATlON ONLY AND CONn" NO RlGIlI'S IIPONTIIE CErrnnCATE JfOLDER. TIUI CERTlncATE DOD NOT AMEND. EXTIlND OR ALTER TIlE COVllRAGB A.II'ORDED BY TIlE POLlCUl8 BBLOW Fowler && Dowling, Inc. Post Office Box 9315 COMPANIFS AFFORDING COVERAGE Miami lakes, Fl 33014-9315 COMPANY LItT1'ER A Maryland Casualty Co. B INBUIIED COMPANY LR'lTER =:'" c Rockl.nd Construction Company 8380 West State Road 84 Ft. Lauderdale Fl 33324 COMPANY LR'lTER D COMPANY E LR'lTER TlUlII TO ClUlTII'YTllATTIIa POUCDI 01' INIIlIIA.NCIl LII'I'D BELOW RAVIl URN IIIV1lD TO TIlE NUllED N.UOD A.IIOVIlIOR TIlE POUCY nRlOD INDlCATID. NO'nwIIa...AMHNC ANY RlQtJIUIIIN'J', DJD( 01 OONDlJ'ION or ANY CONI'RA.CJ' OR 0TRIJt IlOCVIOHJ' wrrs IIlINCI' TO WIIICJITH18 CUl'lllCATI MAY" _IJID OR MAY I'IIn'AIN, TIIIl...UIWICa AJIOIDID BY TIIIl POLlaa DIl8CIUIIlD IIDBJN 18 Il/IlJBCT TO ALL TIll TIIOII, Da.1lII0Nl AND COM)mONl or IVCB I'OLlaa. LDm'IIIIOWN MAY HAVIlBBIN UDUCBD BY PAID CLA.IMJ. CO TYPE 01' INIlIJIA.HC2 POLICY NtlMBER POLICY BIT. POLICY UP. TR DATI (MMIDD/YY) DATI (MM/DD/YY) LDm'I A GIlNIUIA.L LlA.BIUJ'Y EPA29351963 7/15/98 7/15/97 GBNJUlAL AGGUGATB PRCJD.COMPIO. AGG. PBIII. a IIDV. JNJtlIIY BACH 00CtJIUlBNCE nu DAMAGI(One lire) MIlD.EXP. 0....... COMBINIlD IINGLB LlMrr 2000ooo 1000ooo 1 ??oo00 1 ??oo00 AUTOO68811 7115/98 7/15/97 5000 100??oo BODILV INJ1lIIV (Pw .....) BODILVINJURY (Pw .....t) PROPBllTV DAMAGB BACH 0CCUIUlBNCB AGGUGATI WOUB..' COMPBNBATlON AND BMPLOYER" LIABILrrY BACH AccmlN'l' D~LlCYLDIIT DIlIlAlWACH DIP. O'I'IIBR DllICRImON 01' OPllllATlONBILOCATlON8IVBJIJCLJlIIBJISCIAL I'I'UI8 Certificate holder is named .s additional insured on the general Ii. bility insurance for operations being performed by the insured on the followin ro act: Terramar Park City of Parkland 6500 Parksida Drive Parkland, FI 33087 lHOULD ANY orTllll AIOW DIlllCRIBID POLlaa .. CANCILLID UIOU TIIIl IlXPJRATlON DATB THBIlIlOI', TIlE IIIlIING COMPANY WlLLllNDBAVOR TO .,. MAIL ..aa.... DA\'I WIUTI'BN NOTICE TO TIll aJrJ'IJ'JCATB BOLOD NAMBD TO TIlE LErr,lVI' rAILl1U TO MAIL SUCH NOTICE 8IfALL DII'OBB NO OBLIGATION OR LIABILn'Y or ANY KIND IIPONTHB COMPANY, m AcaNTI oa UPU8IN'1'ATIVIIII. JIIU& DATIl (MMIDDIYY) o 8130198 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM PRODUCER COMPANY Collinsworth. Alter. Nielson, FIEDLlTY & DEPOSIT UI'ICI1VI Fowler & Dowling, Inc. Post Office Box 9315 City of Parkland and 9103198 PM 10103198 TRIa BDlDU II..-o11DTO UQIe ~GK INTIIIl AIIO\'K NAJaD... COMPANY'" DPIJlING toUCY NO! DucaJmONOrOPUA~Pan'Y~~ Builders Rlsk-Terramer Park HiIIsboro Blvd & 441 Parklend Miami Lake., Fl 330l.4-9315 cpoE QQ084709 SIJB.CODE MUDD Rock/and Construction Company 8380 West State Road 84 Ft. Lauderdale Fl 33324 01' INIUJtANCa PIlOPIDn'Y CA.... or u. IWIC DUOAD Dsnc. ~GEII'O"" AMOllNI' IDUCIUU COINIUIL BUILDERS RISK.SPECIAL FORM WINDSTORM DEDUcnBLE: 2% 1000ooo 5000 100 IlETRO DATIl lOR CLAJM.I MADEl GENDAL AGGUG4T1l I'IIOD.o OOMPlOP AGe:. ..... a IIDY. IN.IUaY IACIIOCCUUINCI nuDAMA MID. ... COMIIINID lINGLE LDm' IIODILY IN,J..... '-I IIODILYIN,J..... Aa:.) PIlOI'DTY DAMAGK MlDICAI. 'AY1DN1'8 PUIONAL IN,J. I'ROI'. UNINSURED MarolU8T AU1'O PHYIICAL DAMAGK DlDucnaLE ALL VEIIICLIIlI 8CHIDllLlD VBHICLIIS ACn1AL CASH VAL. STATIO AMOllNl' OTIIU BACH 0CClIUENCE A"DcaTll sa.rolNlUDD 1IaEN. STATVrORY IJMrrB IlACII ACCmIlHl' DIIIlAI& POLICY LlMrr DIUAlHACII DI.. THAN UMaULLA 1'0'" IlETRO DATIl lOR CLAJM.I MADE: WORDa' COMPIlN8ATlON AND 1lMPLOYD'I LIAIIILITY SPECIAL CONDmoNSlOl'HD COVllRAGIS ..............~""..~"..~~~~~~~~...~...-............-......~.-.....---.~~~~~~vv-r~~~......-..'<C"~~................~.......~...~. : ' ,">:~";r;:- > ';,"', "i~~';^i~~" ;",;, <'~i"(:; :;: ' . .~ .... ..-,....... .;-.,... '"v. .... ~ H .. ."'" -..-.. ..::...... ~~~ .,,~.. ............. A. ....~. A.~..,"~-" . ~, " .::..,................0:.."...... .~....~ ~~.~~ ........ ~...,..........y... .~...... ..........~.....A.--'.... ~A" ..~ .--"-~.........", .U. ....... . . H.... .. , _DA.... CJOIAlIIIIYY) IT 8130/98 THIS BJNDEllIS A TI!'.MPORAllY INSVRANCE CONTRACT, SUBJECTTO THE CONDmoNS SHOWN ON THE REVERSE SIDE OF TBJS FORM PItClDUCat COMPANY Collinlworth, Alter, Nlellon, FIEDUTY & DEPOSIT II'ftCrIQ Fowler & Dowling, Inc. POlt Office Box 9315 City of Pertclend end AM 9103/98 PM 10103/98 TllllIIIN>>_II:-uIDTO arpct CUftltAG&INTBlABOftlWlllL COIII'ANY..1IIIUlIIfG I'OLIClr NOt DlIICIIIPnClIforOl'DA~~&.-.... Bullde,. Rlsk- Terremer Perk Hllllboro Blvd & 441 Pertclend Mia Uk.., FL 330t4-931 5 ~ QClO84709 IIJI.QlU INIUUD Rocklend Construotlon Compeny 8360 W..t Stete Roed 84 Ft. Lauderdele Fl 33324 BUILDERS RISK-SPECIAL FORM WINDSTORM DEDUCnBLf: 2% 1000ooo 5000 - _. untO BATlIO. CLAIMS MADEl CINIlIW. AGGUGATI PIICD.- COMJljIOp ACCI. ..... 6 AJI'I. DQUaY IACII occuaDICI no MID. Per COIDINID IINCU LDm' IIODD.Y INJ.CIW '--I IIODILY 1I'U. (Per A&I PIlOPIIt'ITDAIIA" MIDICAL PAYraHn I'UIONAL uu. PROT. UNIN81JRIlD MarclUll' Avro PIIYlIICAL BAllA" DIDUCI'IIU ALL YaIICLD ICIIIDlIUD YaIICLIllI Acriw. CAlHVAL n'ATID AMOUHl' O'I'IID EACH 0CCUIIJl&I'fCa Ac:<<:UCATI .......olIUUD UTIN. n'A'IVI'ORY LlMrI'I IlAaI ACCIDINI' DIUAU POUCY LlMrr DIlIASHACB lIMP. ~~ LUIION: THAN COLI IXCI:II LIABILITY JORM THAN 1lMIIDLLA IORM untO BATlJO. a..uMIMADEl WORUIII' COMl'DlBAnON AND IMPLOYD'S LLUIILrIY SPECIAL CONDmONll1011llll COVUAGII CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 January 22, 1997 Mr. Charles Raymond, President Rockland Construction Company 8360 State Road 84 Fort Lauderdale, Florida 33324 RE: AGREEMENT ENTERED INTO AS AN ADDENDUM TO CONTRACT Dear Mr. Raymond: I am enclosing one (1) executed original of the above referenced Agreement between the City of Parkland and Rockland Construction Company. The purpose of the Agreement is to permit Contractor to assign to Owner its purchase order or agreement for the procurement of certain equipment needed for the improvements required under the Contract. Should you need additional information, please feel free to contact me. gr:L~ Helen Lynott, C.M.C. Deputy City Clerk Attachment (1) CC: Wallace Roberts & Todd Harry 1. Mertz, City Manager Andrew Maurodis, Esq., City Attorney Charles DaBrusco, P.E., City Engineer Judith Kilgore, Director of Finance winward\mtgn0t2.doc AGREEMENT This Agreement is entcred into by and bctwccn the CITY OF PARKLAND. a mWlicipal corporation, (OWNER) and ROCKLAND CONSTRUCTION COMPANY (CONTRACTOR) as follows: WHEREAS, OWNER and CONTRACTOR have entered into a Contract dated .s &",7:- i' 11~ 6 . , for the construction of improvements to the Terramar Park in thc City of Parkland (the Contract); and WHEREAS, this Agreement is entered into as an Addendum to the Contract; and WHEREAS, the purpose of this Agreement is to pexmit CONTRACTOR to assign to OWNER Us purchase otder or agreement for the procurement of certain Equipment needed for the improvements required under the Contract (hereinafter referred to as the Equipment, more particularly described on Exhibit A); and WHEREAS, the parties desire to provide for OWNER to -pay for such materials only upon agreement by the OWNER and with the understanding that, the fact that the OWNER shall be the purchaser of the Equipment shall not, under any circwnstances, be used by the CONTRACTOR as a defense to any action by OWNER for breach of the Contract or negligence thereunder; and WHEREAS, should the OWNER,bring any action for breach of the Contract for failure to -. comply with the terms thereunder, the direct purchase by the OWNER of the Equipment shall not constitute a defense thereto, and the parties recognize that OWNER would not enter into this Agreement if CONTRACTOR was permitted to use the direct purchase or payment by the OWNER as a defense to any claim by the OWNER; NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS 170LLOWS: Section 1. The above referenced WHEREAS clauses are included in this Agreement as iffu1ly set forth herein and made a binding part of this Agreement. Section 2. 'lbe CONTRACTOR shall accept an BSsisnment of the pW'Chasc order or agreement tot." procurement of the Equipment from OWNER for the purchase price of $ 5/.3 J ~27. (> S- , There shall be ~o. sales tax associated with the payment of said amowtt. Section 3. . The CONTRACTOR shall be fully responsible for all matters relating to the procurement of the Bquipment, including but not limited to, assuring the correct quantities, placing the order in a timely manner, assuring coordination of the purchase with the progress ofllie work, pcovicUng and obtaining aU warranty and the guarantees required by the Contract, mspection and acceptance of the Equipment at the time of delivery, risk of loss and damage. or any other loss following acceptance of the items. The CONTRACTOR shall coordinate delivery schedules, sequence of delivery, loading, orientation, and other arrangements normally required by the CONTRACTOR for the particular materials furnished. The CONTRACTOR shall provide all services required for the unloading,..handIing, and storage of materials through installation. The CONTRACTOR agrees to indemnifY Bnd hold harmless the OWNER from any and all claims of whatever nature resulting from nonpayment of goods or supplies arising from the actions of the CONTRACTOR. ~ctiOD 4. As the Equipment is delivered to the job site, the CONTRACTOR shall visually inspect all shipments ~m the suppliers, and approve the vendor's invoice for the materials delivered. The CONTRACTOR shall assure that each delivery of the Equipment is accompanied by documentation adequate to identify the purcl1ase order against which the purchase is made. This docun1entation may consist of a delivCJ)' ticket and an invoice from the supplier conforming the 2 purchase order together with such additional jnformation as the OWNER may require. The CONTRACTOR win then forward the invoice to the OWNER for payment Sl:ctIOD 5, The CONTRACrOR shall insure that the Equipment conforms to the spccificntiol15. and determine prior to incorporation into the work if such materials are patently defective~ and whether such materials are identical to the materials ordered and match the description of the bill of lading. If the CONTRACTOR discovers defects or nonconformities in the Equipment upon such visunl inspection, the CONf.l:tACTOR shall not utilize such nonconfonning or defective materials in the work, and instead shall promptly notify the OWNER. of the defective or nonconforming condition 80 that repair or replacement of these materials can occur Without any undue delay or intcITUption to the projcct. If the CONTRACTOR fails to perlonn such inspection and otherwise incorporates into the work sucb defective or nonconforming materials, the condition of which it either knew, or should have known by perfonnanee of an inspection, the CONTRACTOR shall be responsible for all damages to the OWNER resulting from the CONTRACTOR'S incorporation of such materials into the project, including liquidated or delay damages. Sedran 6. The CONTRACTOR shall lII~ntain records of all the Equipment it incorporates into the work. Scetfon'1. The CONTRACTOR shall be responSible for obtainins and managing all W"dlTaIlties and guarantees tor all the Equipment as required by the Contract document. All repair, maintenance, or damage-repair calls shall be forwarded to the CONTRACTOR for resolution with the appropriate supplier, vendor, or subcontractor. Section 8. The purchase price plus tax for the Equipment shall be deducted from the contract in a deduction change order. 3 Section 9. Not withstanding the transfer of the Equipment to the CONTRACTOR'S possession by the OWNER, the OWNER shall retain legal and equitable title to any and all The Equipment. Section to. This Agreement-shall be considered an Addendum to the Contract. All terms of the Contract shall retnain in fun force and effect as if fully set forth herein, with the exception of the procedure provided by this Agreement. Section 11. This Agreement shalt be effective upon the last date that either party affixes its signature hereto. Witnesses: ROCKLANDCONSTRUcnON COMPANY By:~~Rn Date: JAAJ, 8J. /'197 , STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instIument was acknowledged ~fore me, the undersigned Notary Public in and fOT the State of Florida, on this, the ~ , day ofJo.nlJah<t- ' 199\ by ~. ~mvxJ) of Rockland Construction Company. . :\~, '''... f\ 1) l. M, . #:6.~'" DONNAOWILLIAM8 ~Ch\Iu~ J/){ L!Jt~ *~ * MyCommlnlon~ ~tary Public, State omf 1 on' da ~Wl. ~ .....feb.10.1OOO '#""''''~ nt-.fNA 6; LCti41S Printed, typed or stamped Damc of Notary Public exactly as commissioned ~ Personally known to me, or _ Produced identification: Type of identification produced 4 ~"~..- ST A TB OF FLORIDA COUNTY OF BROWARD CITY OF PARKLAND By: -b ~ Mayor Sal Pa ara Date: January 22, 1997 "The foregoing iDstnuncnt was acknowledged before me, the undersignccl Notary Public in and for the State ofFJorida, 011 this, the 22 day of Januarv , 1991" by Mayor Sa! Pagliara. 12120/96 N~ Helen M. Lynott Printed. typed or stamped name of Notary Public ~xactly. as commissioned -1L Personally known to mc, or Produced idcntification: Type of identification produced CD HI.8t M. LWOTT tit 'CtJ1_ION. GO" ElCIWI: """'1, ,. ......... ..,,....... s EXHIBIT "A" List of Equipment to be Procured by Owner all prices include tax 1. Sports.Lighting Poles, Accord Industries: $71,906.16 2. Sports Lighting Fixt~r~s, Musco 210,940.00 3. Scoreboard, NEVCO 8,026.11 4. Building and Site fixtures, K&M Industries 71,020.00 5. Bldg. and site fixtures (alternate), K&M Ind. 5,803.50 6. Benches, picnic tables, bleachers, shelters (Contract Connection) 88,128.40 7. Playground Equipment (Gametime, Inc.) 57.502.88 8. Total to be deducted from Contract $513,327.05 9. Net amount City pays to vendors 10. Savings to the City 484.270.80 $29,056.25 Ll~C-13-'96 FRI 13:16 lD: DR~./ COLLNS _....TEL NO:561 338-13l2l49 I PURCHAr.E ORDER A : .f ! ... 3U64 J . bA~ta ELECTLICAL CONTRACTOR8 caRP~ 101 N~thw..t Thi~d Str..t. .' Bo~. Aaton_ Flarjd. 33432-3825 ; UJ61 )338-6847 (q~4) 426-4232 (~61) 338-0049 FAX J ~ I I I To~.~~ndustrt., ADDRE8S~OQ.~ Forlrl!lJlOi~ '. CITV -",f.~~~er Park". E!!r1da 32782 dudy Graddy ~ 4 9610-3064 , . ". ,I . I' .. .t...... t ... ., ... 71' ~o;i' '. . i1 ,. ~. " _. 0.. . . ..', :' l~a1 'tJOtes . - . ..: ., 96' ~otel '. :'11 'r.... .' 31' '~t..' ., "'. . 1~ I 7 .. 3 '0 14 . 7. . , . It. . , ..,'... I . ... '.. . II .... , f" '" I 1. " 1~ 1. 16 17 ." .' , , ,f .....un.t ~~ *i741 P132 Davco Electrical Contractori Corp SHIP TojerrlNr e....k ' ADDR~~ 76th Drtv. CITV Park1lnd, Flortda. 33067 DI". . November 21' : , ...Iet . . ~ . . . ; . r ~r."d Total S.11th Prtcl , 't'10~1da ~ ~tat. sail' T.~ 68 ...... I I ! ' HASINQ A_EN' . : RlCIIVlN~ WI. crfiy r~DArW' ~,~ ~t:r)lt:& DEC-13-' 96 FRI 13: 17 10: DAVeO / COLLNS TEL NO:561 338-0049 PURCH":'! ORD!R **741 P03 3a~8 , I '11 ... 'Ttll' Imhoff -~ I Y I DA'iCO RLRCTR I CAt:' t"DNTAACTDRB CbhP J. lOB Nj'rthw..t Third 8tr..t , Soc. Ra on, Flqrida :S:S4~2"3B2' (401) ~ 1-6141 (9841 426-4232 ( 07) ~3e-004' ~AX HUEt~ sports Lighting TO~__' T ADDRESS_ ~ CITY 'Mu'~,"ttn. 7 P 08 JOBSITE ,ewmmt.'.. ' ,',.. ,'~ 500 Wait Musco C Ftxtures for 200tLL Fte1d ~.... SOO .~Itt kUlco tlc F1Kture. for 300'8... 8111 Field &00 Watt kUlco'y C Fixture, for 3&OiXS10.Soccer ,Fte d 500 Watt Musco T C Ftxtures for 330'X19S'Soccer 'Fte d _. 600 witt Muico T C Ftxtures for ai.klt iili Courts ~.. 'soo Walt hJico t C Ftxturei fat" "Ihnts Courts .. .: tHng harness to indtv1duar poles per'ttxture quan'Uy StAb Toti1 I 24 · ., J 44 .. 40 ". 16 , 32 , .... -..,. , ,$ 11.000.0 11,940.0 $ 10.9~O.O . 10 Ii Provide 12 copt. .J!ftg. . .. 13 14 II .. 17 I _~ '. .' 't" . ~- ... DEC-13-'96 FRI 13: 18 ID: DAVCO / COLLN,~ , TEL NO:591,338-0049 ~741 P04 __ I 'URCHASE OIDIR I I DAYCD ELECT~ICAL CUNTRACTDR~ CORP. 108 Na~thw..t 'h!rd Str..t ' laca Ratbn, Florida 33432-382' ~, (561) 338-6B47 ,9'4) 426-4232 . .. . << Sf!) 338-0049 FAX , H,','w 'Scortbolrcl CObJpi~ ' , , 'Dived 'EleCtrica1 contractori corp fO C/~ HO~i~ I ,AllOct.~... Ihc. . SHIPTOT.rrllDl~, ~i..k , ADoA&SS_~~ po' ~i~iii "", . ADDRESS 575 H W '6th 6rtvi ciyv'-!!',!:.!Ind. ~lor.t 't' 32'84-S252 " , ellV Pirk1lhd. F~O~fd.. 33067 FOA ' "tt!! Bassett . Jl10-30111 ..'N , -~ . . ---- 315~'5 ~, '- . ~ A ~ 'I. "~'.;.,:~; ,....:.;. ".. 0';, . . ." "yfrlMli ~1010/MPCN BASEBAL ISOFTBALL BOARD ~iMPcH CONtRo~' 01 X' 4' " I . , ,_.. , . I FOB dOssITE DATE , ',NOvember 26 1 " ~.. 7400~OO .. 'f' .'" .. ... 81 DISCOUNT "tOUNTED i'orAL $370.00 " . 7,030.00 .: t :' . , . . . SALES TAX .' F~JGftT:' . : f~l18Hf ,tAx" j ,: I 'S .. $421.80 '$641.80 . $32.51 '.. I , " t I, " , . , 8026~ti . ' 10' ------..... - ---..."""'" J\J I"" ....w........., ,1,""'. "",nv'wu , 'wUL..L..I'w' I~I.. l'lU';;;J.9..\.~~IO"':;l ,._,__~t"'\O~._".._. I ",.~J~~OIIt ,./ , I . ,. t. j ~ r "", DAVCO ELECTR~t'L CO~TRACtbR8 cb~p~ .toe ND.-t;hw..t Thi"d at".., ". '; Sace A..tart, Flqrlda 33432-382:5. ',f .: (407) 3JSJ6841 (9~4J 426-4232 ( 4071 J JJ9-d049 PAX ,', 'I' . I . I !(j~5 TO KIM Elect""ca~" Supply . ADORiSS-..!:41 centr.i~.)nd!,.s~r"1 Drive n f y t er. 8ii~~." ~lor; d'. 33404 . .._ . I' SIIIP TO . , , T.rrlmar Plrk : ' ' : C/O niveo E1.ctrfcil Contractors ~orp . 6675 ,~,~.76th DrtvI L _It P.rk1i~d. Florfda, 33067 l ' ADbRESS CITY ... , .'*" . Jr. Butch Farral1 1 ",",v Lot BUiLDING FIXTU ES. lOT SlTE FIXtURES AND POLES . :'ER "tt~tIfiEktdA.'" AtTACHMENt -AI IS. BILL OF MArE~ At .. ,FRbI4: .~bIIE~ Akb'LIG I Iho SHOWING ~IXTURE QUTMTiTY D .' ::QoOTtS:~' .1~i:D ',BY' lirCH FARREll i RUSSELL WithE' 9/2 196 SASE BID QUOTE . UNn I a 4 '0 . . 7 . .; . It 12 13 I. II 16 , .' . '. 9/z;' ~ --- -~ J'-I .-". J,..Ji.l.:I 11): ~V~ / COLLNS TEL NO:561 338-0049 *f74LP06" --....- ..../.,.'~/;'I' . " I ~ " j ""'l' ," \ '.~ .....'1, " ,. " ,..' I' 1'.L_'" t' .' : Ii",,' , " .~ . j,r~ 1,. . I ~~(;. (;~l\k' ' . r-&1.~- 'OV/~a~u~~.~~,...,--.~ f..*.....,*.*........,~..,'~.......1..*'....**,......,...~~"~.,",...*.*..~ IU~I ~ "1'N nrJ7'C9" I', UA I f:l = l"~,,,,'.u9f.. ''lAm! , "" ~ ;;t,(' . I : ...,u.t~.'..'lc:li....* r:'~nt-t .j.,U::U:*:U'tlU:'''*~ Fe V.I. 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H"f)()"'\lS-'''71-',,:If~s 9 SA 5tJAU ~-$A-Rm-r ,~ SA ,.,:sa KtJAIJ :!/O"$J,-~t.J Ml6.M.no"V~-:Il!"-""~~ '1 t\tJ ~'''A'' ~""A-"L"'C1 ,. . 1 $" t,'AE,r.: :1""1V ~n'l t tt~ "'.II..u. Wl'2 3/"" till t~Nt.1N :'t>,r: A~tH ALH'.~"'Hf!l- mf2'7"~~P"-~RtA-h1Ef-'Hk!:l :? $0 FR.,., t.ttutN'~,l..t'.1 ,JHA-,--t 1~'.H"'-~-j,,("V 2 ~E SPA'.' 8PAtJl ..., ' , 2 Sf!. Sf:'AU "-:.Uj" .. t,oc)H ~! ?oft . t Ptft-f: I flAn I" ,. ~ t t;tH 1. PA"(~ (~t&'fHtr-U~t,f lJ.tNU tllAt) eALt:t.LA't,tOHS , ,: fU t" r nil E'P it"",- 'f.rh ,t~~ 1 Gf,h 1 ~",tl.. (.:.HU IF ,'''tt, &J.INt' t.UAU t.:At, I.:t It.. A I Jtrt~J,4 Al t fo:flNA t F.~ J 2 ~f.~ ^'?t.~H I\l. fn eWH,,~.t 11!tt-U.;r' i' 7 ~'mt" r.'t1 ... HUr~vc r ~8 ..u4ll' ( 9 ~~ "Mf!~ N!W .'A.'jm/, Q:'''An-kl-W/kUtltkl ~ f: r.rlF.R I .l--7'....Ll 7' l..... U , #~ ~w I," tI. "AAtH4-~ : ,...., -57 .J -- -'J Qt.'.'" 'Nfl . t,ANUAHll r:Ul.fJR~ uNt.'1 - - " Nn I..HP' !Nf't '.Uf!.F'I,~ , '" (..: ) -- Aff!2ifi.l'l: tl "".nm. .' , . - I, y-t......... ~' /" tl /) ,1/ /1:/ f"l., ~ ... T--9/~Sj-"'f7------- ::-------- .------f-~rh:r.ncJ"_-_-m---. 81 f) I.'A t H I r.l~/('~ /CJf.. Artf;H. 'Pf:, , F,NtUNf.F": 1:\ F" Iff,' L~~1J~,d(); .... 12/JO/96 Tl~ 16:31 FAX 9549~50800 C CONTRACT CONNECT N ~OOl Decernber10.1896 FACTORY REPRESENTATIVES Contract ~onnection inc. PURCHASE AGREEMENT TO: Rockland Construction PHONE:{954} 476-0061 ATTN: Mr. Charles Raymond FAX:(954) 476-9085 ra: Tarrlmar Park Improvements Congratulations 'on your company's successful bid for this project. As per our conversation today, the following revised document is being faxed to you, upon which, your purchase order to us can be based. We are pleased to provide the following items " AS SPECIFIED", delivered to the jobsite. with effIoading of materials and Installation to be provided by Rockland Construction, . EQUIPMENT AND MATERIALS AS MANUFACTURED BY VICTOR STANLEY: 8' LONG BENCHES W/BACK - quantity - (13) MODEL # 28, 8' long in"round benches with 3" X4" mahogany slats @ $ 556,00 each $ 7.228.00 4-SEAT PICNIC TABLES.:.. quantity - (4) MODEL # CP-4, 36" square Ir,ground picnic tables with 3" X 4" mahogany slats @ $ 788,00 each $ 3,152.00 2-$EAT PICNIC TABLES - quantity - (2) MODEL # CP-2, 3611 square ir.-ground picnic tables with 311 X 4" mahogany slats @ $ 664.00 each $ 1,328.00 6' LONG PICNIC TABLES - quantity - (10) MODEL # CP-2R. 6' long in:~round center- pedestal picnic tables with 3" X 4" mahogany slats @ $ 864.00 each $ 8,840.00 WASTE RECEPTACLES - Quantity - (30) MODEL # H-316, 32-gallon inground waste receptacles with mahogany slats @ $ 312.00 each $ 9.360.00 PREPAID FREIGHT VICTOR STANLEY ITEMS (20% discount) $ 2.177.00 *************************....**..................................t......*tttt......t.:...**..********* TOTAL VICTOR STANLEY(dellvered) $ 31,885.00 EQUIPMENT AND MATERIALS AS MANUFACTURED BY ALL STAR lBLEACHERS: PLAYERS BENCHES - quantity - (8) MODEL # SPBA-21, 21' long Aluminum angle frame Inground players' benches 'without back @ $ 288,25 each $ 2,308.00 BLEACHERS - quantity - (12) MODEL # AA5R21 CAlCUDFR, 5-row 21' long aluminum angle frame bleachers with center aisle, double footboard & risier and chain- link guardrail (after 3rd row) in compliance with 1993 BOCA and 1992 NFPA 102 codes ~ _ @ f...2.I.64.J5_eaE1'_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .... $~3J7!:0Q.. _ )6 FT. LAUDERDALE OFFICES ALSO IN: 0 JACKSONVILLE I \ 2851 Polk Street ora.ndo, Tampa, Atlanta, 604 S. 2nd Stroet Hollywood. FL 33021 'IMlcola, Napl.. . Ft.Myenl, Jacksonville floach, FL 32250 IOU\ ~1L.,Jtnn. J:4Y./QJ;A\ Q?IU\AM u.lhrulW._ W_ 1'..1", ....~h_ {Ql'W\ ""Q.Mll~. FAX:1904l249-8177 12/10{96 TUE 16:32 FAX 95492S0800 C CONTRACT CONNECT N I4J 00 ~ Terramar Park Improvements December 10. 1898 Page 2 of 2 *&..AA&~A.AAAAA~4AAAAA.A~~AA~AAAAAAlAAAAA.~~..~~A~A~A.......~~A.AAA.AA.....A.~A.....*..6A........~.... PREPAID FR8GHT ALL STAR BLEACHERS ITEMS $ 447.00 ...........................****.*....................................................,..............** TOTAL ALL STAR BLEACHERS (delivered) EQUIPMENT AND MATERIALS AS MANUFACTURED BY POLlGON: $ 35,930.00 Quantity' .~ (5) PoJi90n SQ-12-2HM all steel shelter, including all materials. rust- Inhibitive prime painted prefabricated steel framework, hardware, metal t..ip-roof in a choice of 12 standard colors and a 20 year warranty on the Kynar facto/)' finished roof surface against pealing, chipping and cracking @ $ 2,450.00 each $ 12,250.00 PREPAID FREIGHT FOR POLlGON $, 1,875.00 Sealed State of Florida Engineering Drawings and calculations. $ 1,200.00 .......................................*....*..*.*..*.*..***********.****.*****......'................ TOTAL POLIGON (delivered) $15,325.00 .**...................****.......................................*........*****...***t***.*********** TOTAL PACKAGE (DELIVERED) $ 8:3,140.00 l,.&.J 1 ;>> rttx ~ BJ 128,+0 TERMS: Net 30 days from delivery with bonding Information and approved credit. No retainage. EXCLUSIONS: installation. inside delivery/offloading, product approval codes and related fees. addltronal clty/county/oceupationallicenses and related fee!., 6% Florida Sales Tax. SHIPPING. PRODUCTION AND LEAD TIME: 10-12 weeks (Victor Stanl',;lY), 6-8 weeks (Poligon), 4-8weekS (All Star Bleachers) from approval of shop drawings and submittals. Very Truly Yours, Contract Connection, ino, Factory Agents for Victor Stanley, All Star Bleachers and Poligon. ) .. Mike Krohn, Chalrm.ftICEO Scott Krohn, Miami Area Manager ,,,eoe~V9P~ CQ,u!J~Rt.7c.rIDAJ eQ. jI'ie"Se ,#cc&PJrP ~y~;;:t1ft~ y~~~. ~;~~~~s I?I?;r~ .IZ.-11-9b 4 S,A,;o ~ ~O~/5"S) JUL-30-1996 17: 31 DOMINICA RECREATION PRDTS GAMl;TIME, INC. . C/O' DOMINICA RECREATION PRODUCTS ~N~ P. o. BOX 520700 ~ t ~ LOHGWOOD, PL 32752 . PROPOSAL rOR GAMETIM! EQUIPMENT 407 3314720 P,01/04 ~76 j r' / '- ,', QUOTE NO.6135205 TERRAMAR PARK SHIP ZIP:33067 07/25/96 CITY OF PARKLAND BID DATE: o5/22/96l1DIDS 8-2-96 Phone: PARKLAND, FL 33067 Fax: UNIT EXT. OTY ITEM NO. "DESCRIPTION WGT. PRICE PRICE 5 * 7700 9 POSITION LOOP BIKE RACK 99.0 241.00 1,205.00 1 11067 POWIRSCAPE FLYER UNIT 1,692.0 8,668.00 8,668.00 2 2677 8589 SEAT PKG, 81 CHAIN, 2 3 15.0 88.00 176.00 2 2684 8520 SEAT PKG, 8' CHAIN, 2 3 17.0 106.00 212.00 4 BC2609 101 2 3/8 OD SUPER SEAT-2 PK 13.0 103.00 412.00 1 6701 CABOOSE 489.0 2,588.00 2,588.00 1 79 PONY, ALUM1 COIL SPRING 64.0 389.00 389.00 1 175 DONKEY, ALUM, COIL SPRING '64.0 389.00 389.00 1 191 STALLION, ALUM, COIL SPRING 64.0 389.00 389.00 1 11063 POWERSCAPI FLYIR UNIT 1,025.0 5,124.00 5,124.00 1 * 408 3-LEG H D MODERN SWING, P'I'D 424.0 795.00 795.00 2 *CC2677 8589 SEAT PKG, 8'. COATED eRA 17.0 133..00 266.00 2 *CC2684 8520 SlAT PKG, 81 COATED CHA 20.0 160.00 320.00 1 * 11035 CIRCLE GAME POWERSCAPE .,550.0 24,260.00 24,260.00 1 * 410 3-LlG H D MODIRN SWING, PTD 396.0 973.00 973.00 4 CC2604 MOLDED SEAT PACMG~ 2 3/811OD 18.0 150.00 600.00 1 . 6415 FREE STANDING SPACE CLIMB 393.0 1,307.00 1,307.00 183 . 3781 PLAYCURBS W/COLO T 22.0 49.00 8,967.00 1,944.0 LBS SUB TOT: LESS DISC: TAX: FREIGHT: TOTAL: $57,040.00 $5,560.00- $3,254.88 $2,768.00 $57,502.88 (3rJ ;2(J- ~ J,.., vcr- ' <" f? t... r; * - BY ITEM NO. INDICATES A COLOR OPTION. ~ 1./7'" . ;;19 S€ . ? -r:. .r,)I, YOU MAY DEDUCT THE ABOVE AMOUN'l' ON ORDER FOR 'ALL ITEMS ABOVE RECEIVED BY continued. . . JUL-30-1996 17:31 DOMINICA RECREATION PRDTS 407 3314720 P.02/04 .GAMBTIME, INC. C/O DOMINICA RECREATION PRODUCTS QUOTE NO.: 6135205 TERRAMAR PARK paqe No.: 2 PRICES ARE FIRM FOR 30 DAYS. ORDERS SHIPPED 30 - 45 DAYS ARO UNLESS OTHERWISE NOTED. ACCEPTANCE OF THIS QUOTE INDICATES YOUR AGREEMENT TO GAMETIME'S TERMS WHICH ARE NET 30 DAYS FOB SHIPPING WITH APPROVED CREDIT. A SIGNED P.O. OR THIS SIGNED QUOTATION IS REQUIRBD FOR ALL ORDERS AS WELL AS INFORMATION NOTED ON THE ORDER CHECK LIST SINT WITH THIS QUOTE. PLIASE CALL (800) 432-0162 OR FAX (407) 331-4720 IF YOU HAVE ANY QUESTIONS. DATI CUSTOMER'S SIGNATURE SALES & USE TAX EXEMPTION CERTIFICATE # (ATTACH COpy OF CERTIFICATE) ..* PLEASE ADD TAX AS APPROPRIATE *** ;-~ 2. SECTION 00690 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS IS THE AGREEMENT WHICH WILL GOVERN THE SUCCESSFUL BIDDER'S PERFORMANCE UNDER THE CONTRACT AND SHALL BE EXECUTED BY THE SUCCESSFUL BIDDER. ALL BIDDERS, BY SUBMISSION OF THEIR BIDS AGREE TO EXECUTE THIS CONTRACT IF SELECTED BY CITY TO PERFORM' THE PROJECT. This Agreement is entered into between the City of Parkland, 6500 Parkside Drive, Parkland, Florida, as OWNER, and Rockland Construction Company 8360 State Road 84 Ft. Lauderdale. 33324 (CONTRACTORS NAME AND ADDRESS), as CONTRACTOR, made as of the lirA day of Set'~J'Y?8et? In the year of Nineteen Hundred and Ninety Six. " 1. This Agre.ement shall consist of the Contract Documents, of which this is a part, The Contract Documents shall consist of this agreement, the entire Bid packet and all documents contained therein, including, but not limited . , to, the instructions to Bidders, the General Conditions (as revised), all Construction Plans, drawings and technical specifications and the bid submitted by the Contractor (except those provisions of the Bid not accepted by the OWNER) and any addendum issued by the CITY. Three million four hundred eighty five Thousand and 00/100 dollars The total contract price shall be (In words) ~ 3,485,000.00 whicbcshaikiacliudeJtbecfoHowing........x ~~R~~~~i~ix Alternates to be determined within sixty days of award date. SECTION 00690 - 1 of 11 3. Substantial and final completion shall be achieved as set forth in the contract documents. 4. CONTRACTOR shall ensure that all subcontractors materialmen, laborers, or other providers of goods and services are paid in full for services properly rendered. This shall be the full responsibility of the CONTRACTOR and a requirement for payment. 5. Based upon application for payment submitted to the Architect, by CONTRACTOR and certificates for payment Issued by the Architect, the. OWNER shall make progress payments on account of the contract sum as set forth below or elsewhere in the contract documents. 5.1 No progress payments shall be made more often than 30 day cycles. The first 30 day cycle shall begin 30 calendar days after Commencement of construction and continue thereafter in 30 day Intervals provided that application for payment be made within 3 days of the commencement of each period. The architect shall then have 7 days to review the application for payment and either approve or deny the application or authorize a payment of a lesser amount. The OWNER shall, within 20 day. of any certificate for payment from the Architect, make the payment set forth In the certificate less a 10% retainage which shall be retained by the OWNER to assure final completion of the work according to the Contract Documents. 5.2 Each application for payment shall be based upon the schedule of values submitted by the Contractor in accordance with the contract documents. The schedule of values shall fairly allocate the contract sum among the various portions of the work and be prepared by the CONTRACTOR, but must be approved in writing by the Architect. In case ,the Architect and, CONTRACTOR cannot agree on a schedule of values, the Architect shall SECTION nnRan _ ? f\f 11 determine the schedule of values to be used. 5.3 Applications for payment shall indicate the percentage of completion of each portion of the work as of the end of the period covered by the application for payment. The architect may require additional substantiation with regard to said percentage of completion which shall be immediately provided by the CONTRACTOR. The provisions of Section 9.5. and 9.6 of the General Conditions shall, in addition to these provisions govern all progress payments, . ' 5.4 ,The Architect may subtract from the certificate of payment any 'amounts provided for by Sec. 9.5 of the General Conditions of any amount which the Architect deems to represent work not completed in strict compliance with the contract documents. 5.5 Upon substantial completion of all work, the Architect shall have the sole discretion to reduce the retainage amount to 5% provided there has been no delay In the work. However, Architect may still withhold amounts representing work which Architect deems Incomplete or Inconsistent with the contract documents or unsatisfactory or the amount of any unsettled claims or withhold amounts set forth In Section 9.5.1 of the General Conditions. Retainage reduction to 5% at Architect's discretion, may be applied to each Phase. Furthermore, upon Final Completion of Phase One" Architect may reduce retalnage amount for Phase One work to 2%. 5.6 All applications for payment shall contain an affidavit from CONTRACTOR that all subcontractors, laborers, materialmen, and other providers of services have been paid in full for services to date. The Architect may also . request other assurances from the CONTRACTOR, including, but not limited to full or partial releases or waiver of liens. SECTION 00690 - 3 of 11 6. Payment upon substantial completion shall be made by the OWNER to the CONTRACTOR when substantial completion has been achieved and the CONTRACTOR has executed an affidavit that all subcontractors, materialmen, laborers, suppliers of goods and services and any other agents or employees engaged by subcontractors have been fully paid and no sums are due and owing to any other parties on account of work performed, and that work is substantially complete in accordance with the contract documents and the Architect issues a certificate for payment indicating that substantial completion has been achieved. As a prerequisite to payment, the Contractor shall supply the 'necessary' , . .. . , ' releases and waivers of liens to assure the Owner and Architect that all subcontractors, materialmen, providers of goods and services and all other persons engaged in the project have been paid in full. The application for payment at the time of substantial completion shall also contain an acknowledgment of the work remaining in order to achieve final completion which acknowledgment must be approved as to content by the Architect 7. Final payment shall be made upon execution of a certificate for payment which reaffirms (by affidavit) the fact that all subcontractors, materialmen. laborers, suppliers of goods and services and any other agents or employees engaged by subcontractors have been fully paid and no sums are due and owing to any other parties on account of work performed and that there are no valid claims of liens by any parties participating In the work in any way and that the work is complete In all respects In accordance with the contract documents. The OWNER shall make final payment upon receipt of a certificate for payment which concludes that the applications for final payment are correct and that final completion has been achieved. All necessary releases and waivers of liens as specified above must be submitted to the satisfaction of the Owner and Architect. 8. CONTRACTOR shall submit to Architect and OWNER AlA Document G702 SECTION 00690 - 4 of 11 (or other form acceptable to the Architect) for monthly payment and such other documentation as specified herein. 9. The OWNER shall not be liable for any preJudgement Interest for any amounts not paid to contractors for amounts In excess of those amounts contained in the certificate for payment by the Architect 10. In addition the enumeration of the contract documents contained In Section #1 above, the contract documents shall also Include the following documents (plans and specifications): CONTRACT DOCUMENTS lOA TED JULY 3. 1996) DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Section No.lPages Title 00020 1-2 Notice to Bidders 00050 1 Bid Submission Checklist 00100 1-21 Instructions to Bidders 00300 1-7 Bid Form 00302 1-2 Foreign (Non-Florida) Corporate Statement 00410 1-2 Bid Bond 00430 1 Qualification Request Form 00450 1-6 General Contractor Questionnaire 00460 1 Contractor Affidavit 00480 1-2 Non-Collusive Affidavit 00490 1-3 Authority to Execute Bid and Contract (With Certified Resolution) Form of Performance Bond Form of Payment Bond Agreement Between Owner and Contractor General Conditions (AlA A201) 1-5 1-4 1-11 1-4 00610 00620 00690 00700 " SECTION 00690 - 5 of 11 Section No./Pages 00710 1-4 00800 1-14 00900 1-3 Title Additional General Conditions Supplementary General Conditions to AlA Document A201 Special Provisions DIVISION 1 - GENERALREQUIREMENTS. 01030 01300 01410 01510 01700 1-4 1-5 1-4 1-3 1 Description of Alternates Submittals Testing Laboratory Services Temporary Facilities and Services Close-out DIVISION 2 - SITE WORK 02110 02220 02221 02401 02503 02504 02508 02509 02513 02580 02721 02722 02800 02830 02860 " 1-4 1-5 1-4 1-2 1-4 1-4 1-3 1-2 1-5 1-2 1-4 1-6 1-7 1-5 1-7 Site Clearing Earthwork Excavation & Backfill for Underground Utilities Dewatering Subgrading Limerock, Coquina, or Shellrock Base Prime and Tack Coats Asphaltic Concrete Surface Course Concrete Curbs, Curbs and Gutters and Sidewalks P.avement Marking and Slgnage Storm Sewer System Sanitary Sewer System, Gravity Water Distribution System Chain Link Fencing & Gates Tennis Courts SECTION 00690 . 6 of 11 Section No.lPages 02862 1-3 02870 1-2 02900 '1-16 02910 1-3 02930 1-6 Title Basketball Courts Site Furnishings Planting Existing Tree Relocation Sprigging (Playing Fields) DIVISION 3 - CONCRETE 03100 03200, 03300 1-5 1-3 1-12 Concrete Formwork Concrete Reinforcement Cast-In-Place Concrete DIVISION 4 - MASONRY 04200 1-10 Unit Masonry DIVISION 5 - METALS 05500 05521 1-3 1-6 Metal Fabrication Pipe Railings DIVISION 6 . WOOD & PLASTICS 06100 1.5 Rough Carpentry 06192 1-4 Prefabricated Wood Trusses 06200 1-3 Finish Carpentry 06300 1-2 Wood Treatment 06400 1-6 Architectural Woodwork DIVISIO~ 7 . THERMAL AND MOISTURE P~OTECTIQH ,., :\ , ,. '\ SECTION 00690 . 7 of 11 Section No.lPages 07210 1-2 07600 1-4 07610 1-3 07900 1-3 Title Building Insulation Flashing and Sheet Metal Metal Roofing and Flashing Sealants DIVISION 8 - DOORS AND WINDOWS 08110 ,1-5 Metal Doors ' , 08305 1-3 Access Doors 08330 1-4 Rolling Doors 08610 1-4 Sliding Aluminum Windows 08710 1-4 Finish Hardware DIVISION 9 - FINISHES 09210 09251 09700 09900 1-3 1-5 1-2 1-6 Portland Cement Plaster Gypsum Drywall Construction Epoxy Floor Painting DIVISION 10 - SPECIALTIES 10160 10200 10440 10522 10538 10800 1-4 1.3 1 1-3 1-3 1-4 Toilet Partitions and Urinal Screens Louvers Interior Signs Fire Extinguishers, Cabinets and Accessories High Strength Storm Panels Toilet and Bath Accessories SECTION 00690 - 8 of 11 DIVISIONS 11 -14 NOT USED DIVISION 15 - MECHANICAL ~ection NoJPages Title 15010 1-10 Mechanical General Provisions 15042 1-3 Tests 15250 1-2 Mechanical Systems Insulation 15400 1-9 Plumbing 15600 1-10 Heating, Ventilation and Air Conditioning 15990 1.10 Testing & Balancing Air & Water Systems DIVISION 16 - ELECTRICAL 16010 1-4 Electrical General Provisions 16110 1-5 Raceways & Boxes 16120 1.3 Conductors 16134 1-2 Panel boards 16140 1-3 Switches & Receptacles 16153 1-11 Sports Lighting 16180 1-3 Safety Switches, Circuit Breakers & Fuses 16190 1.3 Support Devices 16450 1-2 Grounding 16500 1-4 Parking & Utilitarian Lighting 16740 1-2 Telephone System. Empty Conduit APPENDIXES A. Geotechnical Report SECTION 00690 . 9 of 11. CONSTRUCTION PLANS lEACH SHEET DAT~D JULY 3.1996) Section Name General Pages TMR-K100. TMR-EX100 and TMR-D220 Civil TMR-C200. TMR-C210, TMR-C220, TMR-C300, TMR-C310. TMR-C320 and TMR-C330 Site/Landscape TMR-L200. TMR-L210, TMR-L220, TMR-L230, TMR-L240. TMR-L300, TMR-L310, TMR-L320 a~d TMR-L330 Architectural TMR-A100. TMR-A200, TMR-A210, TMR-A220, TMR-A300. TMR-A310, TMR-A320, TMR-A330, TMR-A400 and TMR-A410 Structural TMR-S100. TMR-S200 and TMR-S300 \ Mechanical/Plumbing/ Electrical TMR-M100, TMR-M200, TMR~M300, TMR-P100, . TMR-P200. TMR-P210, TMR-E100, TMR-E200, TMR-E210, TMR-E220 and TMR-E300 Irrigation TMR-IR200, TMR-IR210 and TMR-IR220 SECTION 00690 - 10 of 11 OWNER Rockland Construction Company ~~~DATE . 9'1 . /29/96 ' (signatu e) (signature) Sal Pagliara, Mayor Charles J. Ravmond. P1"I'!R1 ~,.nf' . (Printed name of individual) (Title) (Printed name of Individual) (TItle) CITY CLERK ~- - O-lo'T CITY~ END OF SECTION SECTION 00690 -11 of 11 Certificate of Insurance lsaue Date: (MMlDDIVY) FINANCIAL SERVICES ASSOCIATES of AVENTURA, INC. 8/26/96 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA 0 0 CO RS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ATrENTION CERTIFICATE HOLDER: If you have any questions lease contact 8 PIS HERBERT at 1-800-753-1992 Financial Services Associates 2999 NE 191st. St. Suite 803 i\ventura,Fl. 33180 Rockland Construction Co. 8360 SR 84 Company Letter A PBO Company Letter B Ft. Lauderdale, FL 33324 H IS C C IS 0 SS H 0 I PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POl.lC!~S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. Policy Effective Policy Expiration Poli Number Date DIYY ate of Insurance General Liability Commercial Liability Claims Made D Occurrence OWners & Contractors Protective All Limits in Thousands General ~ $ Products- CompI Ops Aggregate $ PIlr8CNI & AdvertIaIng Injury $ Each Occurrence $ Fire one fire $ MedIcal Expense (anyone person) $ :r Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos Garage liability CSL BodIly Injury Per Person $ BodIly Injury Property Delll88 $ Each Occurrence other Than Umbrella Form $ Workers' Compensation A And Employers' Liability 345400 1/1/96 12/31/96 Statutory $ 100 $ 500 $ 100 other Description of Operational Locations! Vehlclesl Restrictions! Special Items DBA: Terramar Park Contract # 9601 ~:.:~~. :" ~~:.\ ~:~.\~:\:':~~~ /", . :.~ <:.<,) ~ /. ~ .f...~ ~~. ..:',' ~ ~.:' ~:'.t~~::: '.~'~~: .~:~. . . .~. ~ . Parkland FL 33067 SHOULD PHY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISsUING COMPANES WILL ENDEAVOR TO SEND 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAaED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF LIABIL- ITY OF PHY KIND UPON THE 'NlV,ITS AGENTS OR REPRESENTATIVES. Authorized ReprnentatIve ~ . . xx xx City of Parkland 6500 Parkside Drive 188VB DATE (MMIDD/YY) 8/28/98 Collinsworth, Alter, Nielson, TIU8 CEItTInCATB IS 188UB1) AS A MA1TBR OJ' INJORMATlON ONLY AND CONnRS NO RlGIII'lI UPON THE CEmnCATB HOLDBR. TIU8 CEmnCATB DOES Naf AMEND. EXTEND OR ALTER THE COVERAGE AJ'I'ORDIlD BY THE POLICIES BELOW Fowler &r. Dowling, Ino. COMPANIES AFFORDING COVERAGE Post Office Box 9315 Miami Lakes, FL 33014-9315 COMPANY LIl'ITER A Maryland Casuelty CO. COMPANY B LIl'ITER INSURIlD COMPANY C LIl'ITER Rookland Construotion Company 8380 Wast Stata Road 84 Ft. Laudardale FL 33324 COMPANY LIl'ITEIt D COMPANY E LIl'ITEIt TBlSII TO Cllml'YTllAT '1'1I8 POuaD OJ' INItlIlANCa LJn'JID BILOW RAVE IBIN I88tlIlD TO TIlE INItIRID NAMID ABOVI JOR TIlE POUCY PIlRIOD INDlCATID, NOI'W.._. ANDING ANY UQtJJItIMBNI', TDM OR CONDmOJII OJ' ANY COJmtACI' OR 0I'IIIlIl DOCtJMBHI' wrrB IUlIPKCI'TO WlDCH TIU8 camnCATE MAY" _um 011 MAY nRl'AIJII, ...... JNItlIlANl2 AJIOIlDID IIY ......POLlCI.. DIIICIUBID JIDIlIN IIIU11J1lC1' TO ALL TIlE TERMlI, EXCLIlIIO.. AND CONDmo.- qJ' IyeJlPOLlCIBI. LDm'IIIIIOWJII"AY HAVE BUN RIlDtICID BY PAID CLAI.... CO TYPE OJ' INIUIlAJIICIl POLICY Jllt/MBU POLICY EIT. POLICY UP. n DATE (MMIDD/YY) DATE (MM1DDrYY) LlMm EPA29351983 7/15198 7/1 5197 GIlNBIlAL AGGRlGA'U ~MPIOPAGG. ~RS. a ADV.INJllIlY &ACII 0CCUIlRIJIICIl x co..... QJI:NEJlAL UAlllLrrY CLAIMI MADB Dace. OWNER" a COJmtACI"I PIlOT AUTOO88811 7115198 7115/97 COMBINIlD liNGLE LIMIT BODILY INJURY (Per ..-) BODILY INJURY (Pw .......,) I'KOPERTY DAMAGE BACH 0CCUIlRIJIICIl AaaRllGATE WORDRS' COMPENlIATlON AND BMPLOYER" LlABlLrrY BACH ACCIDENT DISBAlB-POLICY LIMIT DISIASB-lACH IMP. anmR DIIlICRIPnOJII 01' OPBRATlOJlllJLOCATlOJIIIIIVBIIJCLIlIIIPBCIAL ITBMI Certificate holder il n.mad al additional inlured on the general lia- bility insurance for operations being performad by the inlured on the follow!n ro ect: Terramar Park City of Parkland 8500 Parklida Drive Parkland, R 33087 IHOULD ANY 01''1'1I8 ABOVE DIlIICIUUD I'OLICIBI" CANCa.UD BBI'OIlB '1'1I8 ID'lRA'nOJIIDA'U TIIBUOJ', TIlE _UlNa COMPANY WILL IINDKAVOR TO " "AIL ..3ll... DAW WRITI'IN NOTICE TO TIlE CIR'I1JICATB HOLD.R JII.UIID TO TIlE LBn, Btn' J'AlLUIUl TO MAIL SUCH NOTICE lHALL IMPOIIB NO OBLIGATION OR ~:. ;:: LIABILITY 01' ANY KIND UPON THE COMPANY, m AaDrI'B OR RII'IlIlIIBNI'ATIVIlI. I"l;U'-""'........rtJ,J'7'-'"vl,.-;J I ,",V,-," I .L vr't 7..J-. -"0 7g0....,;il .. . ':::;"~ Bond No. 130 '76 75 SECTION 00610 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirement of Florida Statute 255.05, we, ROCKLAND CONSTRUCTION COMPANY . as Principal, hereinafter called Great ~rican Insurance CONTRACTOR, and Company , as Surety, are bound to ttle Ci~ of parkland, Florida, as Obligee, hereinafter called OWNER, in the amount of Three Million Four Hundred Eighty Five Thousand & BolOO Dollars ($3,485,OOO~ for the payment whereof.CONTRACTOR and Surety bind themselves, their heirs, executors. administrators, successors and assigns. jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 96-01, awarded the :If{ day of Avl:rvsr .19 9(" . with OWNER for Construction of Terramar Park in accordance with drawings (plans) and specifications prepared by Wallace. Roberts and Todd which Contract is by reference made a part hereof, and is hereafter referred 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 TERRAMAR PARK L Phase 1, as detailed in the Contract, shall be substantially complete within 180 consecutive calendar days after the date of contract commencement as specified in the Notice to Proceed for Phase 1. Final Completion of phase 1 shall be completed within 210 calendar days from the date of Contract commencement or thirty (30) days after th(~ Substantial Completion date for Phase 1. whichever is sooner. SECTION 00610 - 1 of 5 ...--....-.--...- ~ --....- I '"'''"''''-'' I ... VN '='::l'" ...76 "='06:5 P.02 Phase two work, as detailed in the Contract, shall be substantially complete within 90 consecutive calendar days from the date specified in the Notice to Proceed for Phase two. Final completion of Phase 2 shall be completed within 120 consecutive calendar days from the date specified in the Notice to Proceed for Phase 2 or thirty (30) days after the Substantial Completion date for Phase 2, whichever is sooner. All work is to be completed in the manner p~scribed 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: 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, SECTION 00610.2 of 5 I 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 default 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. SECTION 00610.3 of 5 ~O~~~ANU~~UN~'~U~I~UN .,....,..... ""T'_ .".___ Signed and se.aled this 28th day of August . 19 96 W!fNESS~:4 M/)AU). vm/4 Secretary Rockland Construction Company (CORPORATE SEAL) Cbar1es J. Rayaond, President (Type Name & Title signed above) ALu~~~ INSURANCE COMPANY: By ~,().~u t!Uir 1es D. Hie son . Agent and Attorney-in-Fact Address 580 Wa1nut Street Cincinnati, Ohio 45202 (City/State/Zip Code) Telephone No.: 513-369-5000 State of :{(($1 rI tk,-, County of .13rfJI.J c-vld - On this, the;)$ day of 5/.19 C/fro . before me, the undersigned Notary Public of the State 0 11- I the foregoing instrument was acknowledged by ChIt/its. J: "~name of COiporate officer), ik,5J~?J/ (title), of jJ;r:/AlMi {j~frtLHOJ1 lOr (name of corporation), a r/~Y?d~ (state of corporation) corporation, on behalf of the corporation, SECTION 00610 - 4 of 5 .--. ~ ...-- ~........'""';.........t..._ . ___._ . -.- f." MARTA I. RUIZ W. . MY COMMI8SIQN' QC... ; : EXPE: .......,,21. 1_ .. IandId TIlnI HllIII1 NlIIII ~ ~jJ k~ Notary Public, State of fie; n'rl c,,-, Printed, typed or stamped name of Notary Public exactly as commissioned WITNESS my hand and official seal ~ersonallY known to me, or o Produced identification: (type of identification produced) o Did take an oath, or ~Did not take an oath Bonded by: ita! ~-?L ci1t.4AV'~ {lfMP~ CERTIFICATE AS TO CORPORATE PRINCIPAL / . I. V.I'lAA il ;2o/~ certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance Bond: that (!A/l1.id.J J A'f'~tlJflo signed the Bond on behalf of the Principal, was then H-MJ -'~"I- of said corporation: that I know - his/her signature: and his/her 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) END OF SECTION SECTION 00610 - 5 of 5 ,. Q&\T ~ INSURANCE COMH\NY- 580 WALNUT STREET. CINCINNATI, OHIO 46202.513-369-5000. FAX 513-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than Six No,O 15981 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio. does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-fact. for it and in its name. place and stead to execute in behalf of the said Company. as surety, any and all bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and! or tinal estimates; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name CHARLES J, NIELSON JOHN HARRIS CHARLES D. NIELSON WARREN ALTER OONAID LAMBERT MARY c. ACEVFS Address ALL OF MIAMI IAKES, FLORIDA Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURt~ECOMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of February , 19 96 Attest GREATAMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss: On this 6th day of February, 1996 . before me personally appeared GARY T. DUNBAR, to me known. being duly sworn. deposes and says that he resided in Cincinnati. Ohio. that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority, ,. ;,"t ........ .., --- ~ \ ..~... - I e" ....'" .... .... .~... ::.;' -..f ....' ", ;'~~ic:. .:~..:: ') : i .::~:~ .. ....~....~'..... fl...... ~ .......,.... \.. ',"4 \ .;.i"~ . . ........ ._1-' '_.,...~. ~.... . '-"'J- ,,-, . .,,_..... !/.. . . . ~ --'~ - .- - .. " _.. :...... '.....f This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993. RESOL VED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them. be and hereby is authorized, from time to time, to appoint one or more A ttorneys-l n-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship. or other written obligations in the nature thereof; to prescribe their respective duties and the ~spective limits of their authority; :Jnd to revoke any such appointment at any time. RESOL VED FUR TH ER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted b.v the Company as the original signature of such officer :Jnd the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICA TION I. RONALD C. HA YES, Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. Signed and sealed this 28th day of August .19 96 SIIS78 (9/'13) (FLORIDA) ~U~~~HNU~~UN~'~U~I~UN ~::>4 476 ..,,065 P.07 Bond No. 130 76 75 SECTION 00820 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, ROCILAND CONSTRUCTION COMPANY , as Principal, hereinafter called CONTRACTOR, Great AlErican and Insurance Company , as Surety, are bound to the City of Parkland. Florida. Three H:111ion lour Hundred as Obligee. hereinafter called OWNER, in the amount of Eighty Five Thousand & Nol QQ.Dollars ($3,485,000.09 for the payment whereof CONTRACTOR and Surety bind themselves. their heirs. executors, administrators. successors and assigns, jointly and severally. t ! I l. WHEREAS. CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No,: 96-01 , awarded the2ir" day of llub-vsl , 19~, with Construction of OWNER for Terr8Jl8.~ Park in accordance with drawings (plans) and specifications prepared byWal1ace,Roberts and Todd which Contract is by reference made a part hereof, and is hereafter 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 Contrcct; 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 prosecution 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: SECT'ON 00620 - 1 of 4 I WITNESS my hand and official seal ~ ,1 ~ v~:4/a. ~~L- F/on'd'v (Printed, typed or stamped name of Notary Public exactly as commissioned) aa:Personally known to me, or o Produced identification: (type of identification produced) o Did take an oath, or )a:.Pid not take an oath - CE~TIFICATE AS TO CORPORATE PRINCIPAL I. /)fl.4uL JJ l11:ymattl , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond; that C/ta~ J 4r/71/1(;'. who signed the Bond on behalf of the Principal, was then JJd1j/I~'1.lL of said corporation; that I . know his/her signature; and his/her 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) 12. ~ L1 ' /J UAid t'1f.4l--tu/ .itv.n (Name of Corporation) END OF SECTION emAr'1 SECTION 00620 - 4 of 4 ca&\T ~ INSURANCE CDMJW4Y- 680 WALNUT STREET. CINCINNATI, OHIO 46202.513.389-6000. FAX 613-723-2740 POWER OF ATTORNEY The number of persons authorized by this power of attorney is not more than Six No, 0 15981 KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-fact. for it and in its name, place and stead to execute in behalf ofthe said Company. as surety. any and all bonds. undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obligees including any and all consents required by the Department of Transportation. State of Florida, incident to the release of retained percentages and! or final estimates; provided that the liability ofthe said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below, Name CHARLFS J. NIELSON JOHN HARRIS CHARLFS D. NIELSON WARREN ALTER OONAID ~ MARY C. ACEVES Address ALL OF MIAMI IAKES, FLORIDA. Limit of Power ALL UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOFtheGREAT AMERICAN INSURt~ECOMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of February , 1996 Attest GREAT AMERICAN INSURANCE COMPANY ST A TE OF OHIO. COUNTY OF HAMILTON - ss: On this 6th day of February, 1996 . before me personally appeared GARY T, DUNBAR, to me known. being duly sworn, deposes and says that he resided in Cincinnati. Ohio. that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I. 1993, RESOL VED: That the Division President. the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respeCtive limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICA TION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect, Signed and sealed this 28th day of August .1996 511578 (9/93) (FLORIDA) !~OCKLAND CONSTRUCTION CO. 8360 W, State Road 84 FT, LAUDERDALE, FL 33324 [b~\JIJ~~ @[? 1J1]3&~@[M]D\JIJ&[b WE ARE SENDING YOU > ~ached RE: DATE TO (305) 476-0061 ~ FAX ~) 476-906j - "f ~/~~ " O. /Iv~~ /lI//~ ~1~ "'oj/< 3.306'7 o Under separate cover via o Shop drawings o Copy of letter . 0 Prints o Change order o Plans o o Samples the following items: o Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: > o For approval ~ your use ~ requested o Approved as submitted o Approved as noted o Returned for corrections o Resubmit o Submit copies for approval copies for distribution corrected prints o Return o For review and comment 0 o FOR BIDS DUE 19 o PRINTS RETURNED AFTER LOAN TO US REMARKS COPYTo~~h SKlNED: ()~ J f1~fiJ If "nclosures are not as noted, kindly notify us st once. . ~~~~.,...~~......,<,~~~~~",~~.-..-~........-~~~~~.""",.........."V"~'-""'~"'"<'VY""""""''--~'''-'~~~~-'-'''''~''~~ L' :~ : :'<,~:~..' ":' ,~, ": ':': ;,,,~, ,"~> ~",:' ' ;: . " . .. ""f'""Y -,... ::....<<':... ,.............' ~ ,,' '"'''' ""~,, ,...."'.' .. ,......."~, ..,~,.. , ., _ . u.." ' .. .., ".~ "". ' , , _DA"~ IT 8130198 THIS BINDER IS It. TEMrOIlAIlY JNSURANCE CONTRACT, stJB,JJ!'.CTTO 1'IIE CONDmONS SHOWN ON '1'BE REVERSE SIDE OFTBIS PORM l'RODuaat . Collinsworth, Alter, Nielson, Fowler 1& Dowling, Inc. Post OffIce 8o]IC 9315 M1em1 Uk.., Ft. 330~315 OJIDR aaD84709 IIJIo(:QN COMPANY F1EDUTY 1& DEPOSIT II'I'ECl1YI INIURIlD AM 9103/98 PM 10103/98 "'lIDlDa.~'I'O aqMICGYDAG&JNTIIIlAlOnlUMllL COMI'AIIYftaDllaJNOJIOUCYMOI Dac::aJI'TIONorOftlll4~fUI'Y"""~ Bullderw Rlsk-Temmer Parte HiDsbore Blvd 1& 441 Partdand City of Pertdand and Rockland ConstrUction Companv 8380 West Stete Roed 84 Ft. Lauderdele FL 33324 BUILDERS RISK-SPECIAL FORM WINDSTORM DEDUcnBLE: 2% 1?Oo0oo 5000 100 - -, Ul'RODATI lOR a.AIMI MAD~ GlNlRALAGGUClAU f'ItCI).o COIO'IOI' AGG. ...... JIlIY. DQUJlY 14CII0CCUIUNCI naD MID. COMIJNID IJNGLI LD01' IClDILY IIQ.Uwr "'-I BODILY IJU, (fir Ao&) PROPUl'YDAMAA IODlCAL .AYMIIHII PDIONAL IJU,l'IlOT. tJMMItIRED MO'I'OIlJS1' ALL vaDCUII ICIIIDULm vaDCLIII ACTUAL CAllI VAL. ITATIO AMOUHl' 0'I1IJlR EACB 0CC1JU8,JtC& ACGUCAU 11U....URI:D R&'nN. ITATtI'I'ORY LIMITS IA.CB ACCIDIINI' Dll1AI8 JOLICY LlMrr DIlICAlHACB DIP, W"-!}W.'~>>'= w;;-;Ld>~ RnIlO DAft lOR c::s..uMS MAD~ WOIlDU' COMI'BJtIATlON AND DII'LOY8R'S LIABILl1'Y SPlCAL CONDmONlllOTHU COVUA.GIS AurHOlUZID Ul'RUIINI'A'I'Ift ~~81:~~';;a:'K~";{'t;::;1 ~:-.::;~.. ~~::::::.:=: ,.~~ ~-" .. ".::" .....).-.} 1IIIIQ~""'''''''~~~''<'':-X~;::;:~'''-~~~:~~'~~:::7~~~<:-:::;';0;T~~~~''''~:;:"'""':<X''':::~:::~~ ~::X"~""" <<::!:~,,',m;;..,w., ">>.':,,,,,,,,"'>>M "",,-::xi.x", 'd, "..,....,',...':.1:': '.>,. d,W';':': .,.. " ,. ."......, '~""':::~y'".., ::';.;' \~'.:"<..~~"X.,?.......n..'I........--...:.. /'I.::::;,V:i ,&.-"'I.~ ..~...........:s.... ..............;.. . .' 'I. n...........:: l", ': ,a~ ~ (? ~& 'f '""1 [t ., '~J @h"~ ~)l ~ ~ <:: '., " .., ..'-, ~d,:::':. ~ ',. '. ''> -:::.....x..,.,. " '.. ','.u ','d,. ,,'. ......"",<<,.; ~w&ffu:!~2:.0~:4~~~~~~~~J:~..;~;;ii~6fu~~2~~i:~~.~~i~.~~.~~~cld ...DA....1JlIMIDDIYY) o 8130/98 THIS BINDER. IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO TIlE CONDmONS SHOWN ON TIlE REVERSE SIDE OF THIS FORM PRODUCER COMPANY BINDa NO. Collinsworth. Alter, Nielson, FIEDUTY & DEPOSIT UI'IlCI1VE Fowler & Dowling, Inc. Post Office Box 9315 City of Perklend end AM 9103/96 PM 10103/98 TIllS BINDa II"" TO UQND COVDAGB INTD AIIOVK.IfAMIIL COMPANY PIIIl D:PIIlING POLICY NCh DUCIUPI10N or OPSllA'I'IONINIaIIa.8ran'Y (IIIdIoaIIc ~ Bullder$ Rlsk-Terremer Perk HiIIsboro Blvd & 441 Perkland Miami Lakes, R. 330\4-9315 ~I QQ084709 RJB.COOI MUDD Rocklend Construction Compeny 8360 West Stete Roed 84 Ft. Lauderdele FL 33324 WIt\~:;;Z;2Z::~"~:~':~;':~~~(:t~t.::;;:~'I.:~ :;~~.=~;:',~~'~'~~~':,,~v'~":'I.:~::~~ "':~::~.~";~~~~~~'''~l'~::T ~lr":~z:}~~' ~::~=~'~:E=~~/T2:~~~':~:~~'~:":':':' :'.~;' ':"~~~;~~'~:~1~>;""~ :.... . .::. ':. ~.~:~~] TYI'II or INItIRANC2 PIlOran'Y CAIlID OF 1.0. BAIIC DlaoAD Dane. 00VIItAGM0.... AMOtINI' DIDuc:rmu 00INItJJL BUILDERS RISK-SPECIAL FORM WINDSTORM DEDUCTIBLE: 2% 1000ooo 5000 100 u:I'IlO DATI lOR CLAIMS MADI: GINBRAL ACGUCA.... PIlClD.- COMP/IOP AGG. ...... .. MI'I. DUURY IACII 0CClIUINCI naDAMA MllD. OOIIBINID IINGU LIMIT IIODILV INI.CIW....' IIODILV UQ. CIW Aa:.) PIOnRl'YDAMAGI MmICALPAYMaNn PUIONAL UQ. PIlO1'. UHINIIUDD MOI'OIlIB'I' ALL vama.lS IICIIIDULID vaaa.lS Acn"w. CAllI VAL. STATIO AMOtlNl' OTHIlR IlACII occtlIlIlBNCII: ACCRlCA.... SlLl'ooUlIURID IUtnN. STA'IVI'ORY LlMn'I lAaI ACCIDIHr DIlIAllIOLICY LlMrr DI8UlIB-BAalIMP. [~~:m=:~ffiR w".,'.....{"': udu~'::"aN;,z& UCIlIS LIAJIILITY THAN tlMIIlILLA 10... u:I'IlO DATI lOR CLAIMS MADI: WORDIlS' COMPlNlATlON AND IMPLOYIR'I UAJIILITY SPECIAL CONDmONSlOTHlR COVllRACIS AuntORIZID UPIlIlI&NTATIVI ; .~ ..~':.~- :.~..~'~ ~=~~"'<<~~~~<<<~<='~~~~ :}:~~"~W\:ti~;*~~f::-m~f::}t~/;;~~~ <~~,,~ ,:-.~..'\~(...,,<\ :<. >~, {N."./}(,< .":: ..~:.. <''" -:.,~ ~~~{fm@"<^\X~"~k~f,<::f'<<"i'::::'*i"":"'" "', """.,." w )/>, <' '.,'. >'V'" n," ~~~ti;~ill~.~~~~~~~~.x'~"$i~":'~:':"b~~:~i .u&DATa CMMIDIWYl o 8130/96 THIS BINDER IS A TEMPORAllY INSURANCE CONTRACT, SUBJECT TO THE CONDmONS SHOWN ON THE JlEVERSE SIDE OF TRIS FORM PRODUCIIt COMPANY Fowler & Dowling, Inc. Post Office Box 9315 9103/96 10103/96 Collinsworth, Alter, Nielson, FIEDUTY & DEPOSIT UT&C'I1V& City of Parkland and TIUIBINDU IIJIIUIDTO DTPD CO\'UAGa INTDAIIOYa.IWlIID- COMPANY PER UPIJlING POUCY NOa DllICIUrnON or OPlUL\'I'IOMIYUIICI.1III'IlO1'IUrI'Y (tIoduoIIIlI........ Builders Rlsk-Terramar Park Hillsboro Blvd & 441 Parkland .~. -' "ro', . Miami Lakes, R. 330\.4-9315 c,pDB QQ064709 8tJB.CODB IN8U1UlD Rockland ConstNction Company .,' 8360 Wast State Road 84 Ft. Lauderdale FL 33324 'I'YN orlNlllltANCK PROP8Jn'Y CAUID or LOll DUOAD D'ne. 00VIIlAG&II'0.... AMOUHl' IDUC'I'IILa COINIUI. BUILDERS RISK-SPECIAL FORM WINDSTORM DEDUCTIBLE: 2% 1000ooo 5000' 100 -. IlBTRO DATa roR CLAJM8 MADE: GINIIW, AGGItIGATI .....COfoIM)P AGG. ..... .. 1f11'I. DQUIlY BACII 00CUIIlINCI naB DAMA Mm.1D'INI COIIIINID IINGLIl LDOT BODILY ucr.crw...... BODILY IfCI. (fir AI&) I'IOI'DI'YIWIAClI MDICAL PAYKD'I'I PIIlIOlW.IfCI. PIlOT. 1ININIIURID MaI'ORIIT WORD..' COMPlNlATlON AND DIl'LOYBa'l LLUJLnY SPICIAL CONDmONSlOTlIU COYBItAGIS 1.\' -0'7_- ,..,;,." _...;., ......'. ACI'VAL CAllI VAL. ITATID AMOllHl' 0THIll lACK oc::cwuNCI AClGUCATI la.rolN8URID RITIN. ITA'IVI'ORY UMITI BACII AOCIDIHI' DII&AU POLICY LDm' DIlIlA.8&o&\aI..... ""'W" . ,., "'m'''~':l t:.~..:-....... ...um...:L~..~:::~ ALL YBIIICLII saDlDtILID YBHIa.1I IlBTRO DATI roa c:LAIMIMADIla " "'l';""(.i..rwe.A . City of Parkland 6500 Parkslde Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 September 6, 1996 Mr. David Sacks Wallace, Roberts, << Todd 191 Giralda Avenue Penhouse Coral Gables, Florida 33134-5208 Dear Mr. Sacks: Enclosed please find a copy of an Agreement between the City of Parkland, Florida and Rockland Construction Company for the construction of Terramar Park, City Contract No. 96-01. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, _s~~cu~, Susan Ar.mstrong, C.M.C. City Clerk City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 September 6, 1996 Mr. Charles J. Raymond, President Rockland Construction Company 8360 State Road 84 Ft. Lauderdale, Florida 33324 Dear Mr. Raymond: Enclosed please find an original Agreement between the City of Parkland, Florida and Rockland Construction Company for the construction of Terramar Park, City Contract No. 96-01. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, -s-~O<~~- Susan Arms trong , C. M.. C . City Clerk City of Parkland 6500 Parks ide Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 September 5, 1996 Hr. Charles D. Nielson Great American Insurance Company 580 Walnut Street Cincinnati, Ohio 45202 Re: Performance Bond No. 1307675 and Payment Bond No. 1307675 for Rockland Construction Company Dear Hr. Nielson: Enclosed please find a copy of an Agreement between Rockland Construction Company and the City of Parkland. There are Perfor.mance and Payment Bonds from your Company in the amount of $3,485,000.00 for this City project. The City has reviewed the documents and they appear to be in order. We are relying upon their validity. If you have any questions or problems in regard to this contract please notify me ~ediately. Sincerely, -5~-co- CL-~ Susan Armstrong, C.H.C. City Clerk cc: Andrew :Ma.urodis, City Attorney CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 (954)753-5040 FAX (954)341-5141 September 20,1996 Mr. Cbarles Raymond, President Rockland Construction Company 8360 State Road 84 Fort Lauderdale, Florida 33324 RE: ADDENDUM TO AGREEMENT - TERRAMAR PARK Dear Mr. Raymond: I am enclosing one (1) executed original oftbe Addendum to Agreement between tbe City of Parkland and Rockland Construction Company for tbe construction of tbe Terramar Park. Sbould you need additional information, please feel free to contact me. Very truly yours, ~ Helen Lynott, C.M. . Deputy City Oerk Enclosure (1) CC: Wallace Robert & Todd Harry J. Mertz, City Manager Andrew Maurodis, Esq., City Attorney Cbarles DaBrusco, P.E., City Engineer Juditb Kilgore, Director of Finance . \;. .... . - . .. . ~' ATU1ENDUM TO AGREE~NT THIS ADDENDUM TO AGREEMENT (ADDENDUM) is hereby entered into between the CITY OF PARKLAND (CITY) and ROCKLAND CONSTRUCTION COMPANY (CONTRACTOR) os an Addendum to the Agreement (AGREEMENT) for construction of the Tcrramar Park as executed by the parties on 8/29/96 ,as follows: . WHEREAS, the parties entered into the AGREEMENT on 8/29/96 AGREEMENT provided for construction ofthc Tcrramar Park; and ! which 'VREREAS, one of the alternate bids was for installation of landscaping and irrigation on the median on Hillsboro Boulevard, as more particularly described on Exhibit A (THE ADDENDUM WORK); and - \VHEREAS, the parties wish to add THE ADDENDUM WORK. as part of the AGREEMENT, which work shall be subject to all terms and conditions of said AGREEMENT as if said ADDENDUM WORK were originally included in the work provided' f'Or in the AGREEMENT' and , \VHEREAS, the parties are executing this ADDENDUM in order to have the ADDENDUM WORK performed as part ofthe AGREEMENT; NOW THEREFORE, be it agreed by and between the parties as follows: Section 1. ADDENDUM. The above representations are true and correct and made a part of this Section 2. CO'N'fRACTOR shall perfonn the ADDENDUM WORK as part of the AGREEMENT, subject to each and every teIm of said AGREEMENT, with the sole exception of the additional remuneration described below, All terms and conditions of the AGREEMENT shall apply to the perfonnance of THE ADDENDUM WORK. SectiOD-3... TIle CITY shan pay CONTRACTOR $77,182.00 upon completion of THE ADDENDUM WORK to the CITY's satisfaction (subjcct to the payment provisions in the AGREEMENT). Section 4. The AGREEMENT shall re11lain in full force and eff'eCt and shall govern the perfonnance of the work specified in the AGREEMENT and THE ADDEl'lDUM WORK. Section 5. CONTRACTOR shall adjust its penomlIDlce and payment bond to reflect the additional $77,000.00 for the ADDENDUM WORK or shall issue a separate payment and perfomlance bond to the CITY for THE ADDENDUM \\fORK. Section 6. This ADDENDUM shall become effcctive upon the date that the last party affixes its signature hereto, \': "1' Section 7. This is the sole AGREEMENT with regard to THE ADDENDUM WORK and no amendment to this ADDENDUM shall be permitted except by a Wlitten agreement executed by the parties with equal dignity hereto, IN "'lT~'ESS WHEREOF, CITY and ROCKLAND CONSTRUCTION COMPANY have made and executed tIus Addendum To Agreement on the respective dates set forth below; CITY signing by and tlu'ough its Mayor, authorized to execute the same b)' City Commission action on the --1. day of August t 1996, and ROCKLAND CONSTRUCTION COMPANY signing by and through its President, duly authorized to exccutc the same. CITY OF PARKLAND BY:~~ Sal Pagliara, M' r ATTEST: s~~~~;k1 - Dmc: september 19, 1996 APPROVED AS TO FOR.."\1: By: ~ - Andrew urodis, Cit)' Attorney STATE OF FLORIDA) COUNTY OF BROW ARD) The foregoing ADDEl\T])UM TO AGREEMENT was acknowledged before me this -.!2day of Sept. 1996, by SAL PAGLlARA and SUSAN ARMSTRONG, Mayor and City Clerk, respectively, of the CITY OF PARKLAND, a municipal corporation of the State of Florida., on behaJfofthe CfTY. They are personally known to me, (Notary Seal) My commission expires: aJ_('~ ~ ~-' j ~J-" f 1"1.../ Notary Public . Helen. M. Ly; ott If c.c '1;;'00 ~o Notary Public Commission Number (i) KELStM. LWOlT flY CllI_ION' QC 4IIlMO ElCPIII8: ,.., 'e. ,. ..-1lIII1IalIIY NIID UIllIINiIIIII. . 2 Witnesses: ROCKLAND CONS"rRUCTION COMPANY 4~~ nA:- .-..- ~ ~.-<-" By:a~~~-/ , /'~. Date: 1-/1- 9~ STATE OF FLORiDA) COUNTY OF BROW ARD) DDENDUM TO AGREEMENT was act 1996, by Its OMP ANY, whn is personally latow as identification. owledged before me this t- of ROCKLAND to me or has produced (Notary Seal) My commission expires: ber JANEl' FLOIUDA NCYrAllY PUBUC srATE OF COMMISSION NO. cC526871 MY COMMISSION EXP. AN. 23 09/17/96 3 . 1 LANDSCAPE INSTALLATION SPECIFICATIONS I. GENERAL CONDITIONS A. SCOPE 1. Contractor shall furnish labor, equipment, and materials required to preform all work necessary for the construction of the project as indicated in the drawings dated 9-13-95 and specifications dated 9-13-95 . Such work includes but is not limited to the following: a. Finish grading of planting areas. b. Planting. c. Sodding (if required). d. Compost ,/ 2. Contractor shall have a competent representative at the site who shall have full authority to receive and execute orders. ~he representative shall be capable of reading and understanding plans, - specifications, and other contract documents. . The representative shall be knowledgeable in all areas of landscape construction in Florida. 3. Contractor shall be responsible for knowledge of the contents of these specifications and the requirements of any accompanying. B. DRAWINGS The drawings and plant lists together with these written specifications shall be considered as one contract document and shall be accordingly read together. The drawings and specifications remain the property of the City of Parkland and, if required shall be returned to such upon completion of the work. The contractor shall keep one copy of the drawings and specifications at the construction site for the use of The City of Parkland and their representatives. C. REQUIREMENTS OF REGULATORY AGENCIES 1. Perform work in accordance with all applicable codes, laws and regulations required by authorities having jurisdiction over such work and provide for all inspections and permits required by federal, state, and local authorities in furnishing, transporting, and installing materials. 2. Certificates of inspection required by law for transportation shall accompany invoice for each shipment of plants. File copies of certificates with The City of Parkland after acceptance of material. Inspection by federal or state governments at place of growth does not preclude rejection of plants at project site. D. PROTECTION OF WORK AND PROPERTY 1. Contractor is responsible for maintaining adequate protection of his work from injury and loss resulting from the execution of this contract. He must make good all repairs and replacements to the satisfaction of The City of Parkland except 1 H. OWNERS RIGHT to TERMINATE CONTRACT Should the contractor at any time fail, refuse, or neglect to comply with the provisions of this contract. The Owner or his representative shall without prejudice to any other rights or remedy and after having given seven (7) days written notice to the contractor, terminate the contract and take possession the premises. The cost of completion will be deducted from the amount of the contract. , I I. COORDINATION of WORK Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. ORDER OF INSTALLATION Irrigation will be fully installed, stopping prior to head installation. At such time trees and sod are to be installed. Heads will follow immediately. J. INSPECTION of SITE 1. Contractor shall visit the site and inspect site conditions as they exist prior to submitting bid. 2. No additional compensation nor relief from any obligation of the contract will be granted because of a lack of knowledge of the site or of the conditions under which the work will be accomplished. II. PLANTING SPECIFICATIONS A. PLANT MATERIALS 1. Plants shall be nursery grown in accordance with good horticultural practices under climatic conditions similar to those of the project, unless othelWise noted. 2. Quantities, sizes, and spacing will be determined by the drawings and specifications. Where discrepancies exist, The City of Parkland is to be notified for clarification. Contractor shall be responsible for completing installation as called for in the plans, plant lists and specifications. B. ABBREVIATIONS on PLANT LIST B & B - Balled and Burlapped. Plants shall be dug with a firm natural ball of earth of sufficient size to encompass the fibrous root system necessary for recovery of the plant. Broken or loose balls will not be accepted. I CAL. - Caliper of trunk measured four (4,5) feet above the ground. C.T. - Clear Trunk. Measurement from top of root ball to first branching. 3 "I G. PLANTING SOIL Planting soil shall consist of fertile friable soil of a sandy loam nature and shall be derived from 50% minimum amount of decomposed organic matter (muck or peat) and 50% clean sand with no trace of salinity. There must be a slight acid reaction to the soil. Planting soil shall be free from stones, plants, roots, clods, sticks and other foreign materials which might be a hinderance to planting operations or be detrimental to good plant growth. Planting soil shall be applied in accordance with the methods of installation and details. I I H. COMPOST or EQUAL Use 2" depth of Eucalyptus or non native materials around trees. I. COMMERCIAL FERTILIZER Commercial fertilizer shall be an organic fertilizer containing equal percentages-of Nitrogen, Phosphoric Acid and Potash as available plant food by weight. 50% of the Nitrogen shall be derived from natural organic sources. The trace elements of iron and Magnesium must also be present. The minimum analysis acceptable shall be 6%N - 6%P _ 6%K Fertilizer shall be dry, free flowing, and delivered to the site in unopened original containers, each bearing the manufacturers guaranteed analysis, If Milorganit with trace , elements is to be used, application rates as follows: Tree: 12 Ibs.l2" - 3" Caliper Tree Ground Cover 10 Ibs.l100 SQ. FT. Fertilizer shall be spread before laying and at the above recommended rates, unless otherwise specified. If plant tablets are called for, they shall be Agri-form 20 - 10 - 5 formula 21 gram tablets. Tablets shall be placed mid - way to the plant ball in the back fill material and at manufacturers rates, unless otherwise specified. J. WATER Water is to be furnished by the Owner. The contractor shall transport as required. K, ,S,QQ (When Applicable) Sod shall be one year old and of the variety indicated in the plant list Sod shall be dense, vigorous, and green, with the grass having been mowed at least three times at a 2" - 2 112" height before lifting from the field. Sod shall have a good root development and compact growth and contain no weeds, vermin, fungus, or other diseases. No sod shall be used which is not certified as being free of the imported fire ant. All sticks, stones and other foreign material over one inch in diameter shall be removed from the top 2" of soil. Grade areas to be sodded so that the top of sod will be the finished grade. Solid sod shall be laid with closely abutting joints with a tamped or rolled even surface. Avoid a continuous seam along the line of water flow in swales. Place sod at right angles to slope. All sod edges shall be neat and even and conform to the shape of planting beds and pavement areas as indicated on the planting plan. Rolling may be required at the discretion of The City of Parkland. If top-dressing is required after rolling, clean sand will be evenly applied over the entire surface and thoroughly washed in. Rolling and top- dressing shall be done at no extra cost to The City of Parkland,e 5 " The following is a guide for planting soil quantities: Trees - 10'+ ht. 9 cu. ft. Quantities of planting soil needed may be greater if excavation of building sub-grade or road rock is necessary. C. SElTlNG TREES AND SHRUBS All trees and shrubs are to be planted plumb on (4) four inch,es planting soil and centered in the planting hole so as to give the best appearance in relation to adjacent plants and structures. Trees over ten (10) feet in height shall be planted directly on the undisturbed sub-grade. The finished grade level of the plant after settlement shall be the same as that at which the plant was grown. Rootballs on container grown material shall be scarified to prevent a root-bound condition. When the plant holes have been backfilled approximately 2/3 full with planting soil, water thoroughly, saturating rootball, before Installing remainder of planting soil to top of hole, eliminating all air pockets. After settlement, add-planting soil to the level of the finished grade, allowing two (2) inches for mulch. Form a shallow saucer around each plant by forming a ridge of soil along the edge of the planting hole. Water all plants immediately after planting. D, PRUNING Remove dead and broken branches from all plant material. Prune with a sharp instrument flush with trunk or branch so as to leave no stubs. Prune to retain typical growth habit of the particular species. E. STAKING AND GUYING Staking and guying of trees, except where specified, is an option to be used by the contractor, who will be responsible for material remaining plumb and straight for all given conditions through the guarantee period. The City of Parkland, or City's representative may require that a tree or trees be staked or guyed if the tree(s) are obviously unstable or pose a threat to person or property if they should fall. Tree support, if required by The City of Parkland, shall be done according to staking details provided. Staking and guying shall be done at no extra cost to the owner. No method of support will be permitted which causes physical damage to the plant. Any method of staking or guying not shown must be approved by The City of Parkland, F. MULCHING All tree and shrub beds shall be mulched immediately after planting to a two (2) inch depth and thoroughly wetted down. Unless otherwise specified, the following configurations will apply: Trees: 3' Dia. ring. G. FINISH GRADES 1, Finish grades for all sod areas after settlement shall be 1/2" below top of adjacent curbs, walks, waifs, and abutments, 7 " \:'('....<'."'x',,...P'i<.~'}.'''"...'.......~.,,~"."_... ,/ D. During, or at the end of the warranty period, any plant that is dead or not in satisfactory condition, as determined by The City of Parkland, shall be replaced by the contractor at no cost to the Owner. Subsequent replacement costs shall be shared equally by the Owner and the contractor, should the replacement not sUlVive, unless the plant(s) have not been planted in accordance with previous specifications as determined by The City of Parkland. All replacements shall be furnished and planted as specified herein. E. The warranty period for replaced plant material will commence on the date of acceptance of the replaced item{s) of plant material. VI. ADDENDA All addenda apply to section{s) specified in the contract documents and therefore are to be considered a part of the contract. - A. Agri-form tablets and a good quality 6-6-6 fertilizer shall be applied to all container and B & B material at the manufacturers recommended rates. B. Contractor shall remove all tree stakes when material has rooted sufficiently to assure stability . C. Obtain easement agreements for all proposed plant material in easements. 9 IRRIGATION INSTAllATION SPECIFICATIONS I. GENERAL CONDITIONS 1, PROTECTION: :~:..., '; (a). The irrigation contractor shall protect all materia'ls and work against damage from any cause and shall provide and maintain all necessary safeguards for the protection of the public.. Contractor shall be held responsible for any damage or injury to person or property which may occur as a result of contractor negligence in the prosecution of the work. I (b). The irrigation contractor shall exercise care in digging and other work so as not to damage existing facilities including sidewalks, underground cables and pipes. Should such overhead or underground obstructions be encountered which interfere with , contractors work, the City of Parkland shall be consulted. The contractor shall be responsible for the immediate repair of any damage caused by contractors work. This also applies to turf areas. - I (c). The contractor shall remove concrete sidewalk damaged, or underdermined during construction as directed by the City Engineer. All sidewalk within construction are shall be inspected by contractor prior to commencement of work. Any damaged sidewalk is to ,be reported to the City prior to commencement of work. During final inspection any previously unreported sidewalk damage shall be repaired at the contractor's expense, per City Engineers requirements. 2, SUBMITTAL: The contractor shall be responsible for the following materials and meetings. 2.1 AS-BUILT DRAWINGS - During the course of the installation, the irrigation contractor shall record all changes made to the irrigation system during installation. Changes shall be carefully drawn in red line on a print of the irrigation system drawing. Upon completion of the installation, this red line drawing shall be given to the City of Parkland for use as an as-built irrigation drawing. 2.2 MANAGEMENT INSTRUCTIONS - After the irrigation system is installed and approved, the City of Parkland shall be instructed in the complete operation and maintenance of the system by the contractor. The Contractor shall furnish five (5) copies of an Irrigation System Management Manual prepared by the system installer. 3. PRECONSTRUCTION SITE REVIEW: The irrigation contractor shall schedule an on-site preconstruction conference with the City of Parkland prior to beginning the Installation of the irrigation system. The contractor shall be responsible for coordinating his work with all other parties involved with the job such as the general contractor, planting contractor, paving, electrical, etc., in order to eliminate unnecessary complication during the installation of his wor~ 4, ORDER OF INSTALLATION: Irrigation will be fully installed, stopping prior to head installation, At such time trees and sod are to be installed. Heads will follow immediately after or during tree and sod installation. 16 " affected part or parts shall be replaced promptly with new parts, by and at the expense of the contractor. The contractor shall acknowledge his responsibility under these guaranty provisions by letter, stating that the equipment, materials and workmanship referred to herein are guar,ah~!!ed and stating the inclusive ..,. ,., dates of the guaranty period. ' :' " ' All work under this contract shall, not be finally accepted until expiration of the guaranty period. During this period, the irrigation contractor is responsible for the work until final acceptance. ' 1.4 APPLICABLE SPECIFICATIONS: The specifications listed below are referred to in the text and define material quality as specified herein. American Society for Testing and Materials. D 1785-83 Poly Vinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80 and 120. Socket-Type Poly Vinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 40. Poly Vinyl Chloride (PVC) Pressure-Rated Pipe. Making Solvent-Cemented Joints with Poly Vinyl Chloride (PVC) Pipe and Fittings. D 2466-78 D 2241-84 D 2885-83 PART 2: MATERIALS 2.1 PVC PIPE: Below ground pipe shall be poly vinyl chloride (PVC) pipe conforming to ASTM Specification D 1785, Schedule 40, or it may be PVC pipe conforming to ASTM D 2241, Class 200. See plans for PVC pipe sizes and specifications. 2.2 PVC FITTINGS: All PVC fittings shall be Schedule 40, Type 1, NSF Approved conforming to the ASTM D 2466 requirements. All tees and ninety degree angle fittings on main lines shall be Schedule 80 PVC. 2.3 PVC SLEEVES: All crossings under paved areas for water line and wire runs shall be' Schedule 40 PVC pipe conforming to the ASTM-D 1785 requirements. 2.4 SPRINKLER HEADS: Sprinkler heads shall conform to requirements shown on drawings. Each type of head shall be the product of a single manufacturer. Contractor shall provide the appropriate nozzle for each sprinkler head. 2.5 AUTOMATIC CIRCUIT VALVES: All valves shall be as indicated on the working drawings. 2.6 DRAIN VALVES: All drain valves shall be of a globe configuration and constructed of brass with a rubberized seat. 2.7 CONTROLLER: The controller shall have dual programs and shall be a micro processor based/micro electronics solid-state type, capable of fully automatic or manual operation of the system. It shall be housed in a wall mountable, heavy duty molded ~asticl weatherproof, lockable cabinet. The controller shall operate on a minimum of 117 volts AC. power input and be capable of operating 24 volt AC. electric remote control valves. The controller shall have a reset circuit breaker to protect it from power overload. Each station shall have the capability of being programmed to operate for 1 to 99 minutes in 1 minute increments or .1 to 9,9 hours i .1 hour increments. The controller shall have two independent programs with three automatic starts per day for each 18 .. distribute cement and seal any grit that might be on the surface, H. Once the joint is together, hold it in place for one minute after assembly so the cement can set up in the joint. I. After assembly, wipe excess cement from around the pipe atfitting socket. Observe the minimum curing times for solvent-cemented joints. After curing, the pipe can be placed in trenches and pressure tested, 3.5 TESTING IRRIGATION LINES: Prior to the installation of the sprinkler heads, the contractor shall flush all lines with the maximum water pressure available to remove dirt and grit. Main lines shall be pressure-tested at 150% of their operating pressure for two hours. Leaks shall then be repaired. This is to be done before final backfilling, 3.6 SPRINKLER HEADS: Set sprinkler heads and quick coupling valves perpendicular ,to finish grade, Set sprinkler heads adjacent to existing walks, curbs, and other paved areas to grade, Set sprinkler heads installed in lawn areas, 4 inches above proposed finish grade. Adjust heads to proper grade when turf is sufficiently in place. Such lowing or raising of heads shall be part the original contract with no additional cost to the owner. Adjust sprinkler head pattern and radius for proper distribution and coverage. 3.7 SPRINKLER HEADS ON RISERS: All sprinklers installed in the vicinity of buildings and signs shall be adjusted to prevent water from hitting these facilities. All sprinklers shall also be adjusted to minimize over spray onto paved surfaces. All sprinkler heads on risers of 12 Inches or more shall be rigidly secured in a plumb position. 3.8 AUTOMATIC CIRCUIT VALVES: Automatic circuit valves shall be in a valve box positioned over the valve so that all parts of the valve can be reached for service. 3.9 VALVE BOXES: Valves shall be installed in a plastic box with a reinforced heavy-duty plastic cover that will withstand vehicular traffic. Valve box covers shall be set even with the finish grade. Contractor shall install valve boxes over 3 inches of gravel for drainage. Gravel shall be reasonably free from dirt and debris. 4.0 CONTROL WIRE: Place the control wire below the pipe for protection of the wire. Use the water proof wire connectors at all splices. Wire shall be placed loosely In the trenches to allow for contraction. A 1-foot loop of wire shall be constructed at all comers for future repair. 4.1 CLEANING: The Irrigation Contractor shall, at all times keep the premises including the paved ares free from accumulations of waste materials or rubbish caused by his employees or work. , .,-' 20 . \.~. ? '1 ...' '. AJU1RNDUM TO AGREEMENT THIS ADDENDUM TO AGREEMENT (ADDENDUM) is hereby entered into between the CITY OF PARKLAND (CITY) and ROCKLAND CONSTRUCTION COMPANY (CONTRACTOR) os an Addendum to the Agreement (AGREEMENT) for constro.ction of the Tcrramar Park as exccute~ by the parties on 8/29/96 I as follows: WHEREAS, the parties entered into the AGREEMENT on 8/29/96 AGREEMENT provided for construction of the Tcrramar Park; and I which 'VHEREAS, one of the alternate bids was fol' installation of landscaping and itrigation on the median on Hillsboro Boulevard, as more particularly describe.d on Exhibit A (THE ADDENDUM WORK); and - \"llEREAS, the parties wish to add THE ADDENDUM WORK as part of the AGREEMENT, which work shall be subject to all terms and conditions of said AGREEMENT as if said ADDENDUM WORK were originally included in the work provided' for in the AGREEMENT; and 'VHEREAS, the parties are executing this ADDENDUM in order to have the ADDENDUM WORK performed as part of the AGREEMENT; NOW TH.EREFORE, be it agreed by and between the parties as follows: Section 1. ADDENDUM. The above representations are true and correct aIld made a part of this Section 2. CO~CTOR shall perform the ADDENDUM WORK as part of the AGREEMENT, subject to each, and every ternl of said AGREEMENT, with the sole exception of the additional remuneration described below, All terms and conditions of the AGREEMENT shall apply to the perfonnance of THE ADDENDUM WORK. Section 3. TIle CITY shan pay CONTRACTOR $77,182.00 upon completion of THE ADDENDUM WORK to the CITY's satisfaction (subjcct to the payment provisions in the AGREEMENT), Section 4. The AGREEMENT shall remain in full force and eff-ect and shall govern the perfonnance of the work specified in the AGREEMENT and THE ADDEJ'lDUM WORK. Section 5. CONTRACTOR shaU adjust its perfomlance ond payn1ent bond to reflect the additional $77,000,00 for the ADDENDUM WORK or shall issue a separate payment and perfomlance bond to the CITY for THE ADDENDUM \VORK, Section 6. This ADDENDUM shall become effcctivc upon the date that the last party aftixes its signature hereto, ~, . .. Section 7. This is the sole AGREEMENT with regard to THE ADDENDUM WORK and no amendment to this ADDENDUM shan be permitted except by a mitten agreement executed by the parties with equal dignity hereto, IN WITl\'ESS WHEREOF, CITY and ROCKLAND CONSTRUCTiON COMPANY have made and executed tlus Addendum To Agreement on the respective dates set forth below; CITY signing by and tlu'ough its Mayor, au1l10rized to execute the same by City Commission action on the ~y of An9n~T , 1996~ and ROCKLAND CONSTRUCTION COMPANY signing by and through its President, duly authorizcd to exccutc the same, CITY OF PARKLAND By: ~~,,~ Sa Pagliara, M or - ATTEST: ~~ Q~tR~ Susan Armstrol1g~ City Clerk Datc: 9/19/96 APPROVED AS TO FOR...\1: By:. ~ .. Andrew S. urodis, City Attorney STATE OF FLORIDA) COUNTY OF BROW ARD) The foregoing ADDE1\nUM TO AGREEMENT was aclmowledged before me this ..!..! day of Sept. . 1996, by SAL PAGLIARA and SUSAN ARMSTRONG, Mayor and City Clerk, respectively, of the CITY OF PARKLAND, a municipal corporation of the State of Florida, on behalf of the CITY. They are personally known to me. ,:' .t>>."... HELEN M. LYNOlT I j:f , MY 1llI1UIIDtI cc 42lI04O ~ ~ DPIII8: FIIIuIy 18, 1. . IIandId 1IInI NaIIIy NIo ......... ~~~ Notary Public HELEN M. LYNOTT :{tee I./.aoo "-10 Notary Public Commission Number (Notary Seal) My commission expires: 2 ~ ..... Witnesses: ROCKLAND CONS"rRUCTION COMPANY By.~f~ ~ P . A3. ' 9 /9 96 t7_~, Date: -'- . STATE OF FLORlDA) COUNTY OF BROW ARD) The foreg . g ADDENDUM TO AGREE~as ael~wledged before me this day of / 1996, by 77'S ~~f ROCKLAND CONS1"RUCTI COMP ANY~ who is personally known 0 me or has produced L ' D L . as identification. (Notary Seal) My commission expires: Notary Public Commission Number OFFICIAL NOI'ARYSEAL JANET E COOPER NOTARY PUBU(' !)fATE OF FLORIDA COMMISSION NO. CC526811 ~.!Y COM MrSSION EXP. AN. 23 09/17/96 3 . LANDSCAPE INSTALLATION SPECIFICATIONS I. GENERAL CONDITIONS A. SCOPE 1. Contractor shall furnish labor, equipment, and materials required to preform all work necessary for the construction of the project as indicated in the drawings dated 9-13-95 and specifications dated 9-13-95 . Such work includes but is not limited to the following: a. Finish grading of planting areas. b. Planting. c. Sodding (if required). d. Compost I 2. Contractor shall have a competent representative at the site who shall have full authority to receive and execute orders. =The representative shall be capable of reading and understanding plans, - specifications, and other contract documents. The representative shall be knowledgeable in all areas of landScape construction in Florida. 3. Contractor shall be responsible for knowledge of the contents of these specifications and the requirements of any accompanying. B. DRAWINGS The drawings and plant lists together with these written specifications shall be considered as one contract document and shall be accordingly read together. The drawings and specifications remain the property of the City of Parkland and, if required shall be returned to such upon completion of the work. The contractor shall keep one copy of the drawings and specifications at the construction site for the use of The City of Parkland and their representatives. C. REQUIREMENTS OF REGULATORY AGENCIES 1. Perform work in accordance with all applicable codes, laws and regulations required by authorities having jurisdiction over such work and provide for all inspections and permits required by federal, state, and local authorities in furnishing, transporting, and installing materials. 2. Certificates of inspection required by law for transportation shall accompany invoice for each shipment of plants. File copies of certificates with The City of Parkland after acceptance of material. Inspection by federal or state governments at place of growth does not preclude rejection of plants at project site. D. PROTECTION OF WORK AND PROPERTY 1, Contractor is responsible for maintaining adequate protection of his work from injury and loss resulting from the execution of this contract. He must make good all repairs and replacements to the satisfaction of The City of Parkland except 1 , , H. OWNERS RIGHT to TERMINATE CONTRACT Should the contractor at any time fail, refuse, or neglect to comply with the provisions of this contract. The Owner or his representative shall without prejudice to any other rights or remedy and after having given seven (7) days written notice to the contractor, terminate the contract and take possession the premises. The cost of completion will be deducted from the amount of the contract. I I I. COORDINATION of WORK Coordinate and cooperate with other contractors to enable the work to proceed as rapidly and efficiently as possible. ORDER OF INSTALLATION Irrigation will be fully installed, stopping prior to head installation. At such time trees and sod are to be installed. Heads will follow immediately. J. INSPECTION of SITE 1. Contractor shall visit the site and inspect site conditions as they exist prior to submitting bid. 2. No additional compensation nor relief from any obligation of the contract will be granted because of a lack of knowledge of the site or of the conditions under which the work will be accomplished. II. PLANTING SPECIFICATIONS A. PLANT MATERIALS 1. Plants shall be nursery grown in accordance with good horticultural practices under climatic conditions similar to those of the project, unless otherwise noted. 2. Quantities, sizes, and spacing will be determined by the drawings and specifications. Where discrepancies exist, The City of Parkland is to be notified for clarification. Contractor shall be responsible for completing installation as called for in the plans, plant lists and specifications. B. ABBREVIATIONS on PLANT LIST B & B - Balled and Burlapped. Plants shall be dug with a firm natural ball of earth of sufficient size to encompass the fibrous root system necessary for recovery of the plant. Broken or loose balls will not be accepted. I CAL. - Caliper of trunk measured four (4,5) feet above the ground. C.T. - Clear Trunk, Measurement from top of root ball to first branching. 3 G. PLANTING SOIL Planting soil shall consist of fertile friable soil of a sandy loam nature and shall be derived from 50% minimum amount of decomposed organic matter (muck or peat) and 50% clean sand with no trace of salinity. There must be a slight acid reaction to the soil. Planting soil shall be free from stones, plants, roots, clods, sticks and other foreign materials which might be a hinderance to planting operations or be detrimental to good plant growth. Planting soil shall be applied in accordance with the methods of installation and details. I I H. COMPOST or EQUAL Use 2" depth of Eucalyptus or non native materials around trees. I. COMMERCIAL FERTILIZER Commercial fertilizer shall be an organic fertilizer containing equal percentages-of Nitrogen, Phosphoric Acid and Potash as available plant food by weight. 50% of the Nitrogen shall be derived from natural organic sources. The trace elements of iron and Magnesium must also be present. The minimum analysis acceptable shall be 6%N - 6%P - 6%K Fertilizer shall be dry, free flowing, and delivered to the site in unopened original containers, each bearing the manufacturers guaranteed analysis. If Milorganit with trace ~ elements is to be used, application rates as follows: Tree: 12 Ibs.l2" - 3" Caliper Tree Ground Cover 1 0 Ibs.l100 sa. FT. Fertilizer shall be spread before laying and at the above recommended rates, unless otherwise specified. If plant tablets are called for, they shall be Agri-form 20 - 10 - 5 formula 21 gram tablets. Tablets shall be placed mid - way to the plant ball in the back fill material and at manufacturers rates, unless otherwise specified. J. WATER Water is to be furnished by the Owner. The contractor shall transport as required. K ~ (When Applicable) Sod shall be one year old and of the variety indicated in the plant list. Sod shall be dense, vigorous, and green, with the grass having been mowed at least three times at a 2" - 2 1/2" height before lifting from the field. Sod shall have a good root development and compact growth and contain no weeds, vermin, fungus, or other diseases. No sod shall be used which is not certified as being free of the imported fire ant. All sticks, stones and other foreign material over one inch in diameter shall be removed from the top 2" of soil. Grade areas to be sodded so that the top of sod will be the finished grade. Solid sod shall be laid with closely abutting joints with a tamped or rolled even surface. Avoid a continuous seam along the line of water flow in swales. Place sod at right angles to slope. All sod edges shall be neat and even and conform to the shape of planting beds and pavement areas as indicated on the planting plan. Rolling may be required at the discretion of The City of Parkland, If top-dressing is required after rolling, clean sand will be evenly applied over the entire surface and thoroughly washed in. Rolling and top- dressing shall be done at no extra cost to The City of Parkland. 5 ~ The following is a guide for planting soil quantities: Trees - 10'+ ht. 9 cu. ft. Quantities of planting soil needed may be greater if excavation of building sub-grade or road rock is necessary. C. SETTING TREES AND SHRUBS All trees and shrubs are to be planted plumb on (4) four incl1,es planting soil and centered in the planting hole so as to give the best appearance in relation to adjacent plants and structures. Trees over ten (10) feet in height shall be planted directly on the undisturbed sub-grade. The finished grade level of the plant after settlement shall be the same as that at which the plant was grown. Rootballs on container grown material shall be scarified to prevent a root-bound condition. When the plant holes have been backfilled approximately 2/3 full with planting soil, water thoroughly, saturating rootball, before installing remainder of planting soil to top of hole, eliminating all air pockets. After settlement, add-planting soil to the level of the finished grade, allowing two (2) inches for mulch, Form a shallow saucer around each plant by forming a ridge of soil along the edge of the planting hole. Water all plants immediately after planting. D. PRUNING Remove dead and broken branches from all plant material. Prune with a sharp instrument flush with trunk or branch so as to leave no stubs. Prune to retain typical growth habit of the particular species. E. STAKING AND GUYING Staking and guying of trees, except where specified, is' an option to be used by the contractor, who will be responsible for material remaining plumb and straight for all given conditions through the guarantee period. The City of Parkland, or City's representative may require that a tree or trees be staked or guyed if the tree(s) are obviously unstable or pose a threat to person or property if they should fall. Tree support, if required by The City of Parkland,shall be done according to staking details provided. Staking and guying shall be done at no extra cost to the owner. No method of support will be permitted which causes physical damage to the plant. Any method of staking or guying not shown must be approved by The City of Parkland. F. MULCHING All tree and shrub beds shall be mulched immediately after planting to a two (2) inch depth and thoroughly wetted down. Unless otherwise specified, the following configurations will apply: Trees: 3' Dia. ring. G. FINISH GRADES 1. Finish grades for all sod areas after settlement shall be 1/2" below top of adjacent curbs, walks, walls, and abutments. 7 ~ ~f~.';~-i~;~jP"'1';'", --..-.~ '. ,.' .-.'" . -, '",. ...... ,.... '.. ..,.... ...'...... ..' , ./ D. During, or at the end of the warranty period, any plant that is dead or not in satisfactory condition, as determined by The City of Parkland, shall be replaced by the contractor at no cost to the Owner. Subsequent replacement costs shall be shared equally by the OWner and the contractor, should the replacement not survive, unless the plant(s) have not been planted in accordance with previous specifications as determined by The City of Parkland. All replacements shall be furnished and planted as specified herein. E. The warranty period for replaced plant material will commence on the date of acceptance of the replaced item(s) of plant material. VI. ADDENDA All addenda apply to section(s} specified in the contract documents and therefore are to be considered a part of the contract. - A. Agri-form tablets and a good quality 6-6-6 fertilizer shall be applied to all container and B & B material at the manufacturers recommended rates. B. Contractor shall remove all tree stakes when material has rooted sufficiently to assure stability . C. Obtain easement agreements for all proposed plant material in easements. 9 . .' IRRIGATION INSTALLATION SPECIFICATIONS I, GENERAL CONDITIONS 1. PROTECTION: :~:..., :; (a). The irrigation contractor shall protect all materia'ls arid work against damage from any cause and shall provide and maintain all necessary safeguards for the protection of the public.. Contractor shall be held responsible for any damage or injury to person or property which may occur as a result of contractor negligence in the prosecution of the work. (b). The irrigation contractor shall exercise care in digging and other work so as not to damage existing facilities including sidewalks, underground cables and pipes. Should such overhead or underground obstructions be encountered which interfere with , contractors work, the City of Parkland shall be consulted. The contractor shall be responsible for the immediate repair of any damage caused by contractors work. This also applies to turf areas. - , (c). The contractor shall remove concrete sidewalk damaged, or underdermined during construction as directed by the City Engineer. All sidewalk within construction are shall be inspected by contractor prior to commencement of work. Any damaged sidewalk is to . be reported to the City prior to commencement of work. During final inspection any previously unreported sidewalk damage shall be repaired at the contractor's expense, per City Engineers requirements. 2. SUBMITTAL: The contractor shall be responsible for the following materials and meetings. 2.1 AS-BUILT DRAWINGS - During the course of the installation, the irrigation contractor shall record all changes made to the irrigation system during installation. Changes shall be carefully drawn in red line on a print of the irrigation system drawing. Upon completion of the installation, this red line drawing shall be given to the City of Parkland for use as an as-built irrigation drawing. 2.2 MANAGEMENT INSTRUCTIONS - After the irrigation system is installed and approved, the City of Parkland shall be instructed in the complete operation and maintenance of the system by the contractor. The Contractor shall furnish five (5) copies of an Irrigation System Management Manual prepared by the system installer. 3. PRECONSTRUCTION SITE REVIEW: The irrigation contractor shall schedule an on-site preconstruction conference with the City of Parkland prior to beginning the installation of the irrigation system. The contractor shall be responsible for coordinating his work with all other parties Involved with the job such as the general contractor, planting contractor, paving, electrical, etc., in order to eliminate unnecessary complication during the installation of his wor~ i 4. ORDER OF INSTALLATION: Irrigation will be fully installed, stopping prior to head installation. At such time trees and sod are to be installed, Heads will follow immediately after or during tree and sod installation, 16 . .. I affected part or parts shall be replaced promptly with new parts, by and at the expense of the contractor. The contractor shall acknowledge his responsibility under these guaranty provisions by letter, sta~ing that the equipment, materials and workmanship referred to herein are gua~h~!!ed and stating the inclusive dates of the guaranty period. ';" '.; I, All work under this contract shall not be finally accepted until expiration of the guaranty period. During this period, the irrigation contractor is responsible for the work until final acceptance, I 1.4 APPLICABLE SPECIFICATIONS: The specifications listed below are referred to in the text and define material quality as specified herein. American Society for Testing and Materials. o 1785-83 Poly Vinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80 and 120. Socket-Type Poly Vinyl Chloride (PVC) Plastic Pipe Fittings, Schedule 40. Poly Vinyl Chloride (PVC) Pressure-Rated Pipe. Making Solvent-Cemented Joints with Poly Vinyl Chloride (PVC) Pipe and Fittings. o 2466-78 02241-84 D 2885-83 PART 2: MATERIALS 2.1 PVC PIPE: Below ground pipe shall be poly vinyl chloride (PVC) pipe conforming to ASTM Specification D 1785, Schedule 40, or It may be PVC pipe conforming to ASTM D 2241, Class 200. See plans for PVC pipe sizes and specifications. 2.2 PVC FIITINGS: All PVC fittings shall be Schedule 40, Type 1, NSF Approved conforming to the ASTM D 2466 requirements. All tees and ninety degree angle fittings on main lines shall be Schedule 80 PVC. 2.3 PVC SLEEVES: All crossings under paved areas for water line and wire runs shall be' Schedule 40 PVC pipe conforming to the ASTM-D 1785 requirements. 2.4 SPRINKLER HEADS: Sprinkler heads shall conform to requirements shown on drawings. Each type of head shall be the product of a single manufacturer. Contractor shall provide the appropriate nozzle for each sprinkler head. 2.5 AUTOMATIC CIRCUIT VALVES: All valves shall be as indicated on the working drawings. 2.6 DRAIN VALVES: All drain valves shall be of a globe configuration and constructed of brass with a rubberized seat. 2.7 CONTROLLER: The controller shall have dual programs and shall be a micro processor based/micro electronics solid-state type, capable of fully automatic or manual operation of the system. It shall be housed in a wall mountable, heavy duty molded ~astic, weatherproof, lockable cabinet. The controller shall operate on a minimum of 117 volts A.C. power input and be capable of operating 24 volt A.C, electric remote control valves. The controller shall have a reset circuit breaker to protect it from power overload, Each station shall have the capability of being programmed to operate for 1 to 99 minutes in 1 minute increments or .1 to 9.9 hours i ,1 hour increments, The controller shall have two independent programs with three automatic starts per day for each 18 .' . ., distribute cement and seal any grit that might be on the surface. H, Once the joint is together, hold it in place for one minute after assembly so the cement can set up in the joint. I. After assembly, wipe excess cement from around the pipe at fitting socket. Observe the minimum curing times for solvent-cemented joints. After curing, the pipe can be placed in trenches and pressure tested. 3.5 TESTING IRRIGATION LINES: Prior to the Installation of the sprinkler heads, the contractor shall flush all lines with the maximum water pressure available to remove dirt and grit. ~ain lines shall be pressure-tested at 150% of their operating pressure for two hours. Leaks shall then be repaired. This is to be done before final backfilling. 3,6 SPRINKLER HEADS: Set sprinkler heads and quick coupling valves perpendicular to finish grade. Set sprinkler heads adjacent to existing walks, curbs, and other paved areas to grade. Set sprinkler heads installed in lawn areas, 4 inches above proposed finish grade. Adjust heads to proper grade when turf is sufficiently in place. Such lowing or raising of heads shall be part the original contract with no additional cost to the owner. Adjust sprinkler head pattern and radius for proper distribution and coverage. 3.7 SPRINKLER HEADS ON RISERS: All sprinklers installed in the vicinity of buildings and signs shall be adjusted to prevent water from hitting these facilities. All sprinklers shall also be adjusted to minimize over spray onto paved surfaces. All sprinkler heads on risers of 12 inches or more shall be rigidly secured in a plumb position. 3.8 AUTOMATIC CIRCUIT VALVES: Automatic circuit valves shall be in a valve box positioned over the valve so that all parts of the valve can be reached for service. 3.9 VALVE BOXES: Valves shall be installed in a plastic box with a reinforced heavy-duty plastic cover that will withstand vehicular traffic. Valve box covers shall be set even with the finish grade. Contractor shall install valve boxes over 3 inches of gravel for drainage. Gravel shall be reasonably free from dirt and debris. 4.0 CONTROL WIRE: Place the control wire below the pipe for protection of the wire. Use the water proof wire connectors at all splices. Wire shall be placed loosely in the trenches to allow for contraction. A 1-foot loop of wire shall be constructed at all corners for future repair. 4,1 CLEANING: The Irrigation Contractor shall, at all times keep the premises including the paved ares free from accumulations of waste materials or rubbish caused by his employees or work. \ 20