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Home My WebLink AboutCity of Tamarac Resolution R-2018-035Temp. Reso. #13082 3/22/18 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018- 31 De' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE THE PURCHASE OF ATHLETIC EQUIPMENT FOR THE GYMNASIUM, AND THE PARTITION IN THE COCONUT PALM ROOM, AT THE TAMARAC COMMUNITY CENTER AT A COST NOT TO EXCEED $85,379.00, UTILIZING THE NJPA CONTRACT #100814-HSC; APPROVING FUNDING FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Code Section 6-155 allows the Purchasing Contracts Manager the authority to procure supplies, material and equipment, which are the subject of contracts with the United States Government or with other governmental agencies, without following purchasing procedures, as set forth in Section 6-149; and WHEREAS, the purchase of bleachers, basketball backboards for the Gymnasium, and a new partition in the Coconut Palm Room was budgeted in the appropriate Parks and Recreation account entitled "Machinery & Equipment/Equipment $1,000 or Greater"; and WHEREAS, the Fiscal Year 2018 Adopted Budget included funding for purchase and installation of equipment for the Parks and Recreation Department, including replacement of the bleachers in the Tamarac Community Center (TCC) gymnasium, basketball backboards and accessories, and partitions for the Coconut Palm Room; and Temp. Reso. #13082 3/22/18 Page 2 WHEREAS, City Staff identified a National Joint Powers Alliance (NJPA) Contract No. 100814-HSC which was available for use for the bleacher installation and was deemed to be advantageous by City Staff, a copy of the quotation prepared by Southeaster Surfaces and Equipment ("SSE"), per NJPA Contract #100814-HSC, is hereto attached as "Exhibit 1 "; and WHEREAS, competitive quotations for the room partition project were solicited in December 2017; and WHEREAS, The City of Tamarac received three (3) competitive quotations, and SSE was the most responsive responsible bidder with a proposed cost not to exceed $25,536.00 for the room partition installation, copies the bids are hereto attached as "Exhibit 2"; and WHEREAS, competitive quotations for the replacement of basketball backboards and accessories were sought in January 2018; and WHEREAS, the City of Tamarac received two (2) competitive quotations, and SSE as the most responsive responsible bidder with a proposed cost not to exceed $22,395.00 for the basketball backboards and accessories, copies of the quotations are hereto attached as "Exhibit 3"; and WHEREAS, it was determined the same vendor would be used for all three items, and the cumulative cost would exceed $65,000.00, City Staff determined, out of an abundance of caution, that City Commission Approval would be sought for the Temp. Reso. #13082 3/22/18 Page 3 cumulative purchase not to exceed $85,379.00 from a single vendor during a single fiscal year, namely SSE for the purchase and installation of bleachers, basketball backboards and accessories, and room partitions, all to be installed at the Tamarac Community Center. WHEREAS, City of Tamarac Code, §6-148 allows the Purchasing Officer the authority to waive purchasing procedures and purchase goods and services which are the subject of contracts with other governmental agencies when the best interest of the City would be served; and WHEREAS, City Commission approval is required for expenditures in excess of the State of Florida threshold for Category Three as defined in the F.S. §287.017(3), currently set at $65,000.00 per City of Tamarac Code §6-145; and WHEREAS, the cumulative expenditure for the above stated purposes is $85,379.00 and will exceed the $65,000.00 threshold; and WHEREAS, the Director of Parks and Recreation and Purchasing and Contracts Manager recommend the purchase of athletic equipment for the gymnasium, and the partition in the Coconut Palm Room, at the Tamarac Community Center from Southeastern Surfaces and Equipment for a cumulative price not to exceed $85,379.00, utilizing the NJPA Contract #100814-HSC, attached hereto as Exhibit "1"; and u Temp. Reso. #13082 3/22/18 Page 4 WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the purchase of basketball backboards and accessories for the Gymnasium, and a partition in the Coconut Palm Room, at the Tamarac Community Center for a price not to exceed, $85,379.00, as per the proposal attached here to as "Exhibit 2", and "Exhibit 3". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- SECTION .1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The purchase of athletic equipment for the Gymnasium and the partition in the Coconut Palm Room at the Tamarac Community Center, in an amount not to exceed $85,379.00 as authorized under Section 6-155 of the Tamarac City Code from Southeastern Surfaces and Equipment, utilizing the NJPA Contract #100814-HSC and competitive quotations, is hereby approved. SECTION 3: Funding for this purchase will be from the appropriate Parks and Recreation account entitled "Machinery & Equipment/Equipment $1,000 or Greater". SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #13082 3/22/18 Page 5 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this r/ day of 12018. H RY DRESSLER MAYOR ATTEST: PATRICIA TEUFE , WC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER �= DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ � DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM AMUEL S. G R CITY ATTOR EY ®' Florida State Certified M/WBE Florida State Certified General Contractor— CGC 012423 QUOTATION TO: CITY OF TAMARAC Attn: CHUCK GUIDETTI DATE: 10/24/2017 PHONE: FAX: QUOTE #: 102417-03 PROJECT: TAMARAC COMMUNITY CENTER- BLEACHER REPLACEMENT We are pleased to quote you as follows: PRICING PER NJPA Contract#: 100814-HSC DIVISION 12 TELESCOPING BLEACHERS by HUSSEY SEATING COMPANY• • TEAR OUT AND DISPOSE OF EXISTING BLEACHERS TO SSE PROVIDED DUMPSTERS • INSTALL NEW WALL -ATTACHED UNITS • 234 NET SEATS • (2) BANKS 35' L X 6 ROWS INCLUDING END RAILS • 10" COURTSIDE SEAT MODULES • 24" RUN • 9-5/8" RISE • Self -storing Interior aisles w/ P rails • Front Steps • Intermediate Steps • ADA RECOVERABLE FLEX ROWS • ELECTRIC MOTOR OPERATION WITH PENDANT CONTROL TOTAL SUPPLIED AND INSTALLED............................................................................$35,998.00 ADD FOR END CURTAINS IF DESIRED.......................................................................$1,450.00 P.O. Box 602 • 569 Canal Street . New Smyrna Beach • Florida • 32170 Phone: (386) 428-8875 . Fax: (386) 428-8767 www.sseteam.com S, AM TR 13082 - EXHIBIT 1 SOUTHEASTERN Am SURFACES & EQUIPMENT Florida State Certified P/!/WSE Florida State Certified General Contractor— CGC 012423 Notes: • We accept Visa, Master Card and American Express. Payments made using an American Express card will require an additional fee of 2.5%. • Sales/Use taxes are EXCLUDED in above bid amount. • 50% Deposit required at time of Order. Balance due on completion, with prior approved credit. • Payment and Performance Bonds are NOT INCLUDED in the above price. Add 1 % for our standard bond form. If alternate bond forms are required there may be an additional cost and the forms will be subject to approval by our bonding company. • Removal and disposal of existing equipment or materials is NOT INCLUDED. • Materials stored at owner or GC's request will incur storage fees and handling charges. • All electrical service requirements, including conduit, wiring and/or final hook which may be required shall be provided by electrical subcontractor. • Hoisting for non -ground floor access, unless specifically indicated above is not included. • 100% Restocking fee on all returned material. • Permits, if required, are not included and shall be provided by others at others expense. • Athletic Eauipment— We exclude all overhead support beams. Cradles, other accessories (i.e. height adjusters, safe straps, etc.), shot clocks, or finish painting are not included unless specifically indicated above. • Audience Seatina — Aisle lights, "special/custom/designer" (other than standard) fabrics, flooring finishes, other accessories (i.e. Tablet arms, donor plates, etc.), loose seating (i.e. folding chairs), or finished caps for floor anchors are not included unless specifically indicated above. • Exterior Grandstands — All site work including clearing, grading or leveling is excluded. Concrete slabs which may be required beneath the grandstands are not included. • Floorina -- Concrete slab must be level to 1/8" in a 10' radius and dry to 4.5# per 1,000 Sq.Ft. as tested by Calcium Chloride dry crystal testing methods. All slab prep work, including leveling, and associated cost is by others. Moisture test results must be provided to SSE prior to scheduling of crew to jobsite by others and at others expense. Thresholds, reducers, base and removal/reinstallation of anything on the floor (i.e. bleachers or floor inserts) which may be required are excluded unless specifically included above. o For Wood flooring contracts only; GC shall provide subcontractor with electrical service for floor sanders — 208 v./3phase/100 amps. o For Synthetic flooring contracts only; No concrete sealers or curing compounds are to be applied or mixed with the subfloors. • Operable Partitions — GC to provide pre -punched overhead support beams to support the operable partitions. Sway bracing, sound plenums, blocking at wall and jamb, lock cylinders, pass doors, pocket doors, other accessories (i.e. marker boards) , or caulking are not included unless specifically indicated above. • Telescopic Bleachers — All electrical connections including manual disconnect shall be provided by electrical subcontractor. • This quotation is good for 60 days and subject to delivery and installation in six months. P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida • 32170 Phone: (386) 428-8875 • Fax: (386) 428-8767 www.sseteam.com TR 13082 - EXHIBIT 1 wo N SOUTHEASTERN mm SURFACES & EQUIPMENT Florida State Certified MNVBE Florida State Certified General Contractor— CGC 012423 TERMS AND CONDITIONS FINANCE CHARGES Purchaser will receive monthly statements: however, payment is due upon receipt of original Invoice. If the balance shown on a monthly statement is not paid before the 301" day of the same month, interest will accrue on the unpaid amount at the highest rate allowable by Florida law. PERSONAL JURISDICTION Any judicial proceeding by the Purchaser against the Seller or the Seller against the Purchaser Involving, directly or indirectly, any matter in any way arising out of related to, or connected with this agreement or any other credit document shall be brought in the courts of the State of Florida, County of Volusia, and the parties accept exclusive personal jurisdiction of these courts for the purpose of any suit, action or proceeding. In addition, the parties knowingly, intentionally, and irrevocably waive to the fullest extent permitted by law, any objection which they may now or later have to the laying of venue of any suit, action or pr ceeding arising out of relating to this agreement, or any, jud ment entered by any court brought in the State of Florida. F of aril ml on a rev bl rve ar tfil�r- ra4ny s1011 t i I p a8 be bra: hl ' an i onv enl um. ATTO EY'S FEES If Seller employs an attorney to enforce any provision of this Quotation or Invoice, or to defend any action brought by Purchaser, its agents or employees against Seller, whether the action sounds in contract, in tort or otherwise, or to collect any payment due to Seller from Purchaser whether or not suit Is Instituted, Seller will be entitled to recover from Purchaser all costs and expenses incurred including a reasonable attorney's fee. U I P r has r will pay inteI n all onies due t Seller dt t highest ul co lrac r Is. P c os r ANY IGI J R T AL I a lio br ughI b onst P cha r Inv Iving Ile reg dle whet er a iaim nd in ntr ct, in I rt or th Ise, r is n an o e J g elated, anors ple entar to thi A tic ion. P rchas , iv s any ght f v ue nd a ees at My le ai a lion r r rat! n rocee ng en urc aser d Se r art as o whet r s ids ' co rac , in t or o he e, ill be rou tin at cou t o comp ent jtio to at d i olusi unty to PER. N L G R N he p on si g t o o b ha of e P rc ser personal) and Indivi Ily, guaran es the 11 and prom l perfor nce of a Purch or and a paym nt du to Seller As se in this PThe term" urchaser" also in de the gua anlor an any of r party to his PO nd ail w vets qually pplicabl to those ersons.I ve read nd agre d to the t rms an conditio s of thiolatio . SIGNATURE TITLE DATE P.O. Box 602 • 569 Canal Street • New Smyrna Beach • Florida • 32170 Phone: (386) 428-8875 • Fax: (386) 428-8767 www. sseteam.com TR 13082 - EXHIBIT 2 SOUTHEASTERN � SURFACES & EQUIPMENT Florida State Certified M/WSE Florida State Certified General Contractor— CGC 012423 QUOTATION TO: CITY OF TAMARAC Attn: CHUCK GUIDETTI PROJECT: TPP OPERABLE PARTITION We are pleased to quote you as follows: Modernfold Acousti-Seal 933E • One (1) Partition @ 360" L x 10' H • See layout attached with details • Electric operation • STC: 50 • Standard Vinyl Finish • A2 floor seals • #30 track system • Expandable closure • Attaching to existing steel header • Installation by Factory Certified Technicians • Engineered signed and sealed drawings are not included DATE: 10/24/2017 PHONE: FAX: QUOTE #: 102417-01 TOTAL DELIVERED AND INSTALLED......................................................... $ 25,536.00 © P.O. Box 602 • 569 Canal Street • New Smyrna Beach . Florida . 32170 Phone: (386) 428-8875 • Fax: (386) 428-8767 www.sseteam.com M TR 13082 - EXHIBIT 2 Florida State Certified MIWBE Florida State Certified General Contractor— CGC 012423 Notes: • We accept Visa, MasterCard and American Express. Payments made using an American Express card will require an additional fee of 2.5%. • Sales/Use taxes are EXCLUDED in above bid amount. • 50% Deposit required at time of Order. Balance due on completion, with prior approved credit. • Payment and Performance Bonds are NOT INCLUDED in the above price. Add 1 % for our standard bond form. If alternate bond forms are required there may be an additional cost and the forms will be subject to approval by our bonding company. • Removal and disposal of existing equipment or materials is NOT INCLUDED. • Materials stored at owner or GC's request will incur storage fees and handling charges. • All electrical service requirements, including conduit, wiring and/or final hook which may be required shall be provided by electrical subcontractor. • Hoisting for non -ground floor access, unless specifically indicated above is not included. • 100% Restocking fee on all returned material. • Permits, if required, are not included and shall be provided by others at others expense. • Athletic Equipment — We exclude all overhead support beams. Cradles, other accessories (i.e. height adjusters, safe straps, etc.), shot clocks, or finish painting are not included unless specifically indicated above. • Audience Seating — Aisle lights, "special/custom/designer" (other than standard) fabrics, flooring finishes, other accessories (i.e. Tablet arms, donor plates, etc.), loose seating (i.e. folding chairs), or finished caps for floor anchors are not included unless specifically indicated above. • Exterior Grandstands —Ail site work including clearing, grading or leveling is excluded. Concrete slabs which may be required beneath the grandstands are not included. • Flooring --Concrete slab must be level to 1/8" in a 10' radius and dry to 4.5* per 1,000 Sq.Ft. as tested by Calcium Chloride dry crystal testing methods. All slab prep work, including leveling, and associated cost is by others. Moisture test results must be provided to SSE prior to scheduling of crew to jobsite by others and at others expense. Thresholds, reducers, base and removal/reinstallation of anything on the floor (i.e. bleachers or floor inserts) which may be required are excluded unless specifically included above. o For Wood flooring contracts only; GC shall provide subcontractor with electrical service for floor sanders — 208 03phasei100 amps. o For Synthetic flooring contracts only; No concrete sealers or curing compounds are to be applied or mixed with the subfloors. • operable Partitions — GC to provide pre -punched overhead support beams to support the operable partitions. Sway bracing, sound plenums, blocking at wall and jamb, lock cylinders, pass doors, pocket doors, other accessories (i.e. marker boards) , or caulking are not included unless specifically indicated above. • Telescopic Bleachers —All electrical connections including manual disconnect shall be provided by electrical subcontractor. • This quotation is good for 60 days and subject to delivery and installation in six months. P.O. Box 602 • 569 Canal Street . New Smyrna Beach • Florida • 32170 Phone: (386) 428-8875 e Fax: (386) 428-8767 www. sseteam.com N2 TR 13082 - EXHIBIT 2 ® SOUTHEASTERN SURFACES & EQUIPMENT Florida State Certified M/WBE Florlda State Certified General Contractor— CGC 012.423 TERMS AND CONDITIONS FINANCE CHARGES Purchaser will receive monthly statements; however, payment is due upon receipt of original invoice. If the balance shown on a monthly statement is not paid before the 30t1 day of the same month, interest will accrue on the unpaid amount at the highest rate allowable by Florida law. PERSQNAI JVEZj,SQICTION Any judicial proceeding by the Purchaser against the Seiler or the Seller against the Purchaser Involving, directly or indirectly, any matter in any way arising out of related to, or connected with this agreement or any other credit document shall be brought in the courts of the State of Florida, County of Volusla, and the parties accept exclusive personal jurisdiction of these courts for the purpose of any suit, action or proceeding. In addition, the parties knowingly, intentionally and irrevocably waive to the fullest extent permitted by law, any objection which they may now or later have to the laying of venue of any suit, action or proceeding arising out of rolating to this agreement, or an judgment entered by any court brought in the State of Florida. F in er, artielye on II a d it voc I at v�E an I S a s t5eenl3ra(rgl�Ein in nv nien r'r G y ATTORN Y`'SFEEa If Seller employs an attorney to enforce any provision of this Quotation of invoice, or to defend any action brought by Purchaser, Its agents or employees against Seller, whether the action sounds in contract, in tart or otherwise, or to collect any payment due to Seller from Purchaser whether or not suit Is Instituted, Seller will be entitled to recover from Purchaser all costa and expenses Incurred Including a reaso able sitamey.3 fee. G T I fill [ T urchas r will pay Int est n all onies due to Seller at the hig esi lawful conlr t rate. urch 'ser V Y F GN TO J RY RIA in ny acts bro ght by ag ins urch er invo Ing SJ re' 'a less of helher he cial sau sin co tr t, tor; or herw e, is in ny rocee ng r aced, till y or up entar to thisn. Pur user awes y ri t of ve a nd agr s at a le I acti n o arbitr on pr ceed1 g b wee Pur aser a d Sell s of ether " soun s in ntract, i t or ofhenu e, will `e ough n a fate c urt of amps nt j sdic on toted in olusia dds, AL ANT The ers s n g t Quota' n 'n beh of the P re asnally an individually, arantees e f and promp erfor ance of a Pu' haser tl the yment o II sums d to Selle As usPQm"Purch er"wllla oInc) athe guafor a d any ath psto this and I waiver are equaily ppticabi to those I h ere and agr d to a term antl co dilions o is Quotatl SIGNATURE TITLE DATE P.O. Box 602 a 569 Canal Street • New Smyrna Beach • Florida • 32170 Phone: (386) 428-8876 • Fax: (386) 428-8767 ' fflM sseteam.com TR 13082 - EXHIBIT 2 Air Wall Systems, Inc. 18270 River Oaks Dr. Jupiter, Fl 33458 Name / Address City of Tamarac Attn: Chuck Guidetti Estimate Date Estimate # 12/4/2017 2108WV P.O. No. 30 Days Due Date Net 60 2/2/2018 Description Oty Cost Total Job - OPERABLE PARTITION 26,840.00 26,840.00 Modemfrold Acousti-Seal933E * One (1) partition @35'0" L x 10' H * Electric Operation * STC 50 * Standard Vinyl Finish * A2 Floor Seals * #30 Track System * Expandable Closure * Attaching to Existing Steel Header * Installation by Factory Certified Technicians * Engineered Signed and Sealed Drawings are not included TOTAL DELIVERED AND INSTALLED ........................................................................ $26, 840.00 Thank you for your business. Total $26,840.00 Signature Phone # Fax # 561-741-3525 561-741-3308 TR 13082 - EXHIBIT 2 Hufcor, Inc. - Southeast Office 1301 Central Park Drive Sanford, FL 32771 (407) 302-2286 Proposal 11/27/ 17 To: City of Tamarac From: Iain Paterson Re: Operable Partition Replacement HUFCOR Florida Group proposes to furnish and install the following: Operable Partitions Manufacturer Hufcor Inc. Series 633E Series, 50 STC, Electric Operable Partition Surface Hufcor Vinyl Fabric Installation By Factory Trained Craftsmen w Re -use existing support steel Quantity/Sizes (1) opening 35'4' wide x 10'4' high Options Demo of existing and removal to dumpster supplied Total Price $28,597.00 TR 13082 - EXHIBIT 2 Hufcor, Inc. - Southeast Office 1301 Central Park Drive Sanford, FL 32771 (407) 302-2286 HUFCOR 600 SERIES OFFICE MIAMI TR 13082 - EXHIBIT 2 Hufcor, Inc. - Southeast Office 1301 Central Park Drive Sanford, FL 32771 (407) 302-2286 Notes: a. Price is valid for 30 days. b. Includes locally based project management, installation and follow up service. c. Permit or engineering fees associated with the scope listed above are not included. d. No pass doors, pocket doors or other options not listed above are included in the pricing. e. Ceiling demo, repair and paint is not included. Acceptance of Approval: Any balances not paid within thirty (30) days of the date of the invoice shall accrue interest at the rate of 18% per annum. Any action to construe, declare or enforce this contract shall only be brought in a court of competent jurisdiction with venue lying solely and exclusively in Seminole County, Florida. The prevailing party in any action brought to construe, declare or enforce this contract shall be entitled to recover its actual attorney's fees, attorney's travel time charges and expenses, paralegal fees, computer access and utilization charges, expert witness fees and expenses, costs, expenses and expenses of investigation, discovery, and litigation. The parties to this contract expressly waive the right to trial by jury of any cause of action or defense pertaining to this contract. The above prices, specifications, and conditions are satisfactory and accepted. You are hereby authorized to provide all items described above. Date: Signature: Prepared by lain Paterson • Hufcor • ipaterson@a hufc0r, com TR 13082 - EXHIBIT 3 2018-01 - Gymnasium Athletic Equipment - Overview of S, SSE Schedule Quotation Form References Subtotal Contract Amount: Submission I Total $30,292.00 Not included in total $30,292.00 TR 13082 - EXHIBIT 3 2018-01- Gymnasium Athletic Equipment Opening Date: January 4, 2018 9:00 AM Closing Date: January 17, 2018 3:00 PM Vendor Details Company Name: SSE AND ASSOCIATES 1500 W COPANS RD Address: SU ITE A9 POMPANO BEACH, FL33064 Contact: EMMANUEL BLANCO Email: EBLANCO@SSETEAM.COM Phone: 954-973-7144 HST#: Submission Details Created On: Wednesday January 17, 201810:42:11 Submitted On: Wednesday January 17, 201811:49:32 Submitted By: EMMANUEL BLANCO Email: EBLANCO@SSETEAM.COM Transction #: 532062de-3bc6-4981-8c11-1aaa03759eca Submitter's IP Address: 104.10.15.35 TR 13082 - EXHIBIT 3 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. * Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. All funds are to be submitted in USD currency. Quotation Form Description p Unit of Measure Estimated Quantity Unit Price * Total Cost Convert two (2) existing wall mounts to electric side fold goals with wireless electric actuators Each 2 $2,900.0000 $5,800.00 Add wireless electric height adjusters to two (2) watt mount goats Each 2 $2,200.0000 $4,400.00 Add four (4) wireless hoist to the four (4) ceiling suspended goats Each 4 $650.0000 $2,600.00 Add six (6) pro -mold bolt on pads to six goats Each 6 $230.0000 $1,380.00 Add six 2000 break away goals to six (6) units Each 6 $370.0000 $2,220.00 Service all units while installing new boards, this is to include new cables and pulleys for the existing goals lot 1 $5,995.0000 $5,995.00 Subtotal Contract Amount: $22,395.00 Summary Table Bid Form Amount Quotation Form $22,395.00 Subtotal Contract Amount: $22,395.00 Bid Questions Please indicate which type of organization: Individual Partnership, Corporation, Other. If Other, please explain. Corporation Federal Employer I.D./Social Security No. 59-3265072 The City of Tamarac desires to have the ability to use a city credit card for payment. Will your firm accept a Visa credit yes, there is a 3% surcharge card as payment from the City of Tamarac? Delivery/completion: provide the number of calendar days after receipt of Notice to Proceed or Purchase Order, 60 whichever is applicable for this project. Payment Terms: Provide terms and % (percent discount, if any, if payment made within the provided number of DAYS; otherwise, terms are NET 30 days. Please provide the 50% deposit to start and 50% on completion, number of days required to receive the percentage discount TR 13082 - EXHIBIT 3 References References Please List government agencies and/or private firms with whom you have done business during the last five years: 4encyl "I IFinm Flame �Address Coconut Creek, FL 954.9561580 Dan Laurie City of Coconut Creek 4455 Sot Press Blvd. Coconut Creek, FL 33073 City of Greenacres 5800 Me[aLeuca Lane Greenacres, FL 33463 Greenacres, FL 561-642-2076 Witham Pazanski City of Tamarac 70101 State Street, Tamarac, FL 33321 Tamarac, FL954-597-3723 Biti. Lewis Documents It is your responsibility to make sure the uploaded fiLe(s) is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached fite(s) cannot be opened or viewed, your Bid Call. Document may be rejected. If you require a copy of the W9 Form you can download it here: btWs://www.irs.goy/uar/ab<)ut-form-w9 • Non-coLU5iv _ g Affidavit - NON -COLLUSIVE AFFIDAVIT 2.pdf - Wednesday January 17, 201811:49.12 • Proof of Insurance - 2017-2018 Insurance Certificate.pdf -Wednesday January 17, 201811:15:19 • Form 2 -SSE W-9 July 2017.pdf -Wednesday January 17,201811:09:16 TR 13082 - EXHIBIT 3 Addenda, Terms and Conditions General Conditions These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by indicating such change in the Instructions to Bidders, in the special conditions of the bid, or in the specifications/statement of work. any and all special conditions that may vary from these general conditions shall prevail over these General Conditions and any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. ALL quotes are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. Our Vision and Mission Our Vision: The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high quality products and efficient service that is provided on time and as ordered, in a manner that improves the overall value of the services that the City provides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. Introduction It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, Lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. Bidder certifies that when responding to a Request for Quotation that acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. Bidder agrees to abide by all conditions of this Bid and certifies that the individual executing this quotation is authorized to sign this Quotation as an agent for the Bidder. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "The Tamarac Procurement Code", Section 6-141 et seq. General Terms and Conditions These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not Limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. Any and all special conditions in this IFB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in TR 13082 - EXHIBIT 3 their entirety. 1. SUBMISSION OF THE BID/QUOTATION ELECTRONIC BID SUBMISSIONS ONLY, shalt be received by the Bidding System, no Later than the closing time and date indicated in the bid document. The Bidder shaLL have a Bidding System Vendor account and be registered as a Plan Taker for this Bid opportunity, which will enable the Bidder to download the Bid Call, Document, to receive Addenda/Addendum emait notifications, download Addendums and to submit their bid electronically through the Bidding System. The Bidder is cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted by a Bidder, as Bid transmission can be delayed in an "Internet Traffic jam" due to file transfer size, transmission speed, etc. For the above reasons, the City recommends that the Bidder allow sufficient time to upload their Bid Submission and attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shalt be determined by the City's Bidding System web clock. The Bidding System will send a confirmation email to the Bidder advising that their bid was submitted successfully, if you do not receive a confirmation emait, contact technical support at bids&tenders via email: support@bidsandtenders.ca. Late Bids shalt not be accepted by the City's Bidding System. To ensure receipt of the Latest information and updates via email regarding this bid, or If the Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the bid opportunity at https�//"tamarac.bidsandtenders.ca. It is the Bidder's responsibility to read and understand the requirements of this quotation request. Unless otherwise specified, the Bidder must use the quotation form furnished online in the Bidding System . , ALL bids shalt be submitted in the English Language. ALL prices, terms and conditions quoted in the submitted bid shalt be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the quotation opening unless otherwise stated by the City, The Bidder preparing a quote in response to this solicitation shalt bear all expenses associated with its preparation. The Bidder shalt prepare a quotation with the understanding that no claim for reimbursement shalt be submitted to the City for expenses related to its preparation. 2. WITHDRAWAL OF QUOTATION Any Bidder may withdraw its quotation prior to the indicated opening time. Bidders may edit or withdraw their Bid Submission prior to the closing time and date. However, the Bidder is solely responsible to: i) make any required adjustments to their Bid; and ii) acknowledge the addendum/ addenda; and iii) Ensure the re -submitted Bid is RECEIVED by the Bidding System no Later than closing date and time listed in the bid document. NON -COLLUSIVE AFFIDAVIT Each Contractor shalt complete the Non -Collusive Affidavit Form and shalt submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 3. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes, Bidders shalt disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 4.QUANTITIES Quantities shown are estimates only: No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 5. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Firm Pricing: Bid prices shalt be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special TR 13082 - EXHIBIT 3 Condit ' ions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment, however, such discounts shall not be considered in determining the Lowest net cost for bid evaluation. Prompt Payment Discounts: Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shalt, enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shalt be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the Later date. Payment is deemed made on the date of the mailing of the check. ALL payments shall be governed by the Local Government Prompt Payment Art F.S. Chapter 218, Payments by Electronic Funds Transfer: ALL payments by the City will be made by Direct Deposit (ACH) via electronic funds transfer. No paper checks will be issued. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site at hUA/LWM,tamalig.Qrg/indg"SpX?NID.,!M. Please contact the Purchasing & Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. 6. DELIVERY ALL items shall be delivered F.O.B. destination to a specific City address. ALL delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 7. MANUFACTURER'S NAME &APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or modeVcatatog numbers are used in these specifications for information and establishment of a quality Level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shalt submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 8. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City witL not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. ALL demonstrations will be done at the expense of the Bidder. 9. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shalt be the sole judge in determining Bidder's qualifications, 10. CONDITIONS OF MATERIALS ALI materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful. Bidder shatL furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shaLL commence upon final acceptance of the product, 11. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or setting the goods shipped or ordered as a result of this bid. The setter agrees to hold the City harmless from all Liability, Loss or expense occasioned by any such TR 13082 - EXHIBIT 3 violation. 12. SAFETY STANDARDS The Bidder warrants that the product(s) supptied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 13. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall bejust cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 14. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 15. TERMINATION a. DEFAULT. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b.TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT: This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 17.EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shalt be responsible to the City for the acts and omissions of all employees working under its directions. 18. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, Layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants TR 13082 - EXHIBIT 3 for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20.OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 21. INSURANCE REQUIREMENTS Except for contract requirements where goods are drop -shipped to the City, bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage occurrence Aggregate Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-Vll per A.M. Best's Key Rating Guide and be licensed to do business in Florida, Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shalt be responsible for the payment of all deductibles and self -insured retentions. TR 13082 - EXHIBIT 3 The CiV may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 22. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 23. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not Limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potential Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 24. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shalljudge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted through the Bidding System by clicking on the "submit Question" button located on the bid details screen for the Bid you are submitting an inquiry for. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. Bidders shall acknowledge receipt of any addenda when submitting their Bid through the Bidding System. Bidders shall check a box for each addendum/addenda and any applicable attachments that has been issued before a Bidder can submit their Bid submission online. It is the responsibility of the Bidder to have received ail Addendum/Addenda that have been issued. Bidders should check online at https://tamarac.bidsandtenders.org prior to submitting their Bid and up until Bid closing time and date in the event additional addendums are issued. The City encourages Bidders not to submit their Bid prior to forty-eight (48) hours before the Bid closing time and date, in the event that an addendum is issued. If a Bidder submits their bid prior to this or at any time prior to the bid closing and an addendum/addenda is issued by the Owner, the Bidding System shall WITHDRAW their Bid submission and change their Bid submission to an INCOMPLETE STATUS (NOT accepted by the Owner) and the Withdrawn Bid can be viewed by the Bidder in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: i) make any required adjustments to their Bid; and ii) acknowledge the addendum/addenda; and iii) Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than bid closing time and date listed in the bid document. NOTE: Additional company contacts are recommended for the reasons outlined below: . Do not invite any additional contacts that you do not want to have access to view, edit, submit and/or withdraw or who maybe in direct competition for example (a company may have two divisions that could compete for the same Bid Opportunity). Tn 13082 EXHIBIT You are strongly urged when creating or updating a Bidding System Vendor account to add additional company contacts to create their own Login to the Bidding System. This will permit your invited contacts that have created their own login to manage (register, submit, edit and withdraw) Bids which your Company is a Registered Plan Taker for. In the event you are on vacation, or due to illness, etc. these additional contacts may act on your Company's behalf and have the authority to; receive addendum notifications from the Bidding System, and where permitted by the terms and conditions of the Bid Caft Document, to submit Bids electronically through the Bidding System and/or withdraw and/or edit and/or acknowledge addendum/addenda, on your behalf. Vyou are aninvited company contact bbimperative tha�eemail �vxauun Do N�godi��m �b�ea��'aseparate vendor account. 25. BID TABULATION Bidders may download the bid tabulation directly from the Internet at , The City does not notify unsuccessful Bidders of contract awards. Pursuant mFlorida Statute Chapter 119, Section 7(m), sealed bids mproposals received by an agency pursuant to invitations oobid m requests for proposals are exempt from the provisions ufsubsection (1)and s.Z4(a), Art. |ofthe State Constitution until such time usthe agency provides notice ofadecision u,intended decision pursuant toFS. orwithin 0days after bicVpnopnsaiupening, whichever is earlier. InThe City ofTamarac isapublic agency subject wChapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically the Contractor shall: 27.1.1 Upon completion of the project, the Contractor must retain and maintain all records pertaining to the services and the contract for these services and make them available tnthe City for aperiod ofseven (7)years following receipt offinal payment for the services referenced herein. In the event Litigation ensues, then Contractor shall retain all records hereunder for a period of seven (7) years after conclusion of the Litigation, including any and all appeals. Upon completion of this retention period, contractor shall, at no cost to the City, transfer aUpublic records |npossession ofthe Contractor, o,keep and maintain public records required bythe City nnperform the service. |f the Contractor transfers aLL public records to the City upon completion of the retention period, the Contractor shaLL destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the retention period, the Contractor shall. meet all applicable requirements for retaining public records, ALL records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City, This requirement applies to the prime contractor and aLL sub- contractor's project records.However, |t|s the responsibility of the prime contractor to provide all of the records, both for the prime contractor and suu-cunuactor^srecords. 27l2Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided byLaw, 27].3Ensmethat public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by Law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records mthe City. 27.2During the term ofthe contract, the Contractor shall maintain all books, reports and records inaccordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor, The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 27.3 During the term of the contract. the Contractor shalt maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shaLibesubject tnthe approval ofthe [ity's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract, ZzUNBALANCED BIDS When aunit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 28, UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, TR 13082 - EXHIBIT 3 the unit prices shall prevail. 29. VENUE Any Agreement resulting from this solicitation shall, be governed by the Laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 30. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Form Agreement document. Bidders shall be responsible for complying with all of the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting Language may be included in any Special Conditions contained herein. Bidders shall note any deviation or variance with the Form Agreement document at the time of bid submission. 31. OTHER GOVERNMENTAL ENTITIES If a Bidder is awarded a contract as a result of this Invitation for Bid, Bidder wit[, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation for Bid and resulting contract. Prices shall, be F.O.B. Destination to the requesting agency. 32. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCL E RK@TAMARAC.ORG We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request of Quotation, We (1) certify that we(l) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with al-L of the requirements of the entire Request for Quotation r7- We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request of Quotation. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Quotation - Emmanuel Blanco, Regional Sales Manager The bidder shall declare any potential conflict of interest that could arise from bidding on this bid. Do you have a potential conflict of interest? 0 Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) There have not been any addenda issued for this bid. Client#: 152616 LISTIND TR 13082 - EXHIBIT 3 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 /16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CBIZ Weekes & Callaway 3945 West Atlantic Avenue Delray Beach, FL 33445 NAME: LORRAINE PRAGER PHONE, ONExt : 561278 at:, No , 561 900-1934 E-MAIL LPRAGER@CBIZWC.COM ADDRESS: 561 278-0448 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: anensure Mutual Insurance Co. 23396 INSURED List Industries, Inc. DBA STORAGECRAFT INSURER B : Amedsure Insurance co 19488 INSURER C: 401 Jim Moran Boulevard INSURER O : Deerfield Beach, FL 33442 INSURER E : INSURER F : �.vv�rwuw GLKIIFICATE NUMBER: REVISION NUMBER• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD/YY POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR OCCURRENCE --- $ pEgACCHH PREMISES Ea oNccTun-ence $ ME EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: PRO - r GENERAL AGGREGATE $ GEN'L PRODUCTS - COMP/OP AGG $ POLICY JECT LOC $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? O N / A )( X WC21061030007 WC21061040002 CA 9/01/2017 9/01/2017 09/01/2018 09/01/201 X PER E E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE- EA EMPLOYEE $1,000,000 In NH)and if If yes, describe under E.LDISEASE-POLICYLIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) WAIVER OF SUBROGATION IN FAVOR OF THE CITY OF TAMARAC, AS RESPECTS TO WORKERS COMPENSATION, AS REQUIRED WRITTEN CONTRACT, SUBJECT TO THE TERMS, CONDITIONS AND EXCLUSIONS OF THE POLICY. CITY OF TAMARAC 7525 NW 88TH AVENUE Fort Lauderdale, FL 33321 ACORD 25 (2014/01) 1 of 1 #S1734415/M1649054 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 80LP TR 13082 - EXHIBIT 3 This page has been left blank intentionally. TR 13082 - EXHIBIT 3 2018-01- Gymnasium Athletic Equipment Opening Date: January 4, 2018 9:00 AM Closing Date: January 17, 2018 3:00 PM Vendor Details Company Name: Storagecraft 401 Jim Moran Blvd. Address: Deerfield Beach, Florida 33442 Contact: Robert Espineira Email: hre@listindustries.com Phone: 561-213-8725 Fax: 561-213-8725 HST#: Submission Details Created On: Monday January 15, 201811:40:28 Submitted On: Wednesday January 17, 2018 09:07:36 Submitted By: Robert Espineira Email: hre@listindustries.com Transction#: b67208c4-5dad-4349-84eb-9ed77b5eadf0 Submitter's IPAddress: 98.254.159.167 TR 13082 - EXHIBIT 3 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. * Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner. If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. All funds are to be submitted in USD currency. Quotation Form Description Unit of Measure Estimated QuantityUnit Price * Total Cost Convert two (2) existing wall mounts to electric side fold goals with wireless electric actuators Each 2 $7,021.0000 $14,042.00 Add wireless electric height adjusters to two (2) wall mount goals Each 2 $1,171.0000 $2,342.00 Add four (4) wireless hoist to the four (4) ceiling suspended goals Each 4 $1,579.0000 $6,316.00 Add six (6) pro -mold bolt on pads to six goals Each 6 $254.0000 $1,524.00 Add six 2000 break away goals to six (6) units Each 6 $278.0000 $1,668.00 Service all units while installing new boards, this is to include new cables and pulleys for the existing goals lot 1 $4,400.0000 $4,400.00 Subtotal Contract Amount: $30,292.00 SummaryTable Bid Form Amount Quotation Form $30,292,00 Subtotal Contract Amount: $30,292.00 Bid Questions Please indicate which type of organization: Individual, Corporation Partnership, Corporation, Other. If Other, please explain. Federal Employer I.D./Social Security No. 36-2391343 The City of Tamarac desires to have the ability to use a city credit card for payment. Will your firm accept a Visa credit Yes card as payment from the City of Tamarac? Delivery/completion: provide the number of calendar days after receipt of Notice to Proceed or Purchase Order, 4 weeks from order (3 weeks in manufacturing and 1 week in the field) whichever is applicable for this project. Payment Terms: Provide terms and % (percent discount, if any, if payment made within the provided number of DAYS; otherwise, terms are NET 30 days. Please provide the Net3O number of days required to receive the percentage discount TR 13082 - EXHIBIT 3 References References Ptease List government agencies and/or private firms with whom you have done business during the Last five years: Agency/Firm Name y City State Zip- V Phone / Fax Interkat 5981 East Cork Street Kalamazoo, MI 49048 269-978-2288 Brent M. Weessies Draper 411 SOUTH PEARL ST SPICELAND, INDIANA 47385 765,856.1220 Neat Draper Daktronics 201 Daktronics Dr Brookings, SD 57006 7272787886 Jeff Lyle Seating Concepts 4229 Ponderossa Ave. Suite B San Diego, CA. 92123 619-260-3884 1 Marixa Flores National Recreation Systems, Inc 1300-D Airport North Office Park Fort Wayne, IN 46825 I —1 260205.0929 I David Farson I Documents It is your responsibility to make sure the uploaded fiLe(s) is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. If you require a copy of the W9 Form you can download it here: bttps://www.irs.00y/uac/`about-form-w9 • Non -collusive Affidavit- 201801151634.pdf -Wednesday January 17,2018 09:04:47 • Proof of Ipsurgrice - COI.pdf - Wednesday January 17, 2018 09:05:14 • Form W9 - Storagecraft W-9.pdf -Wednesday January 17,2018 09:05:24 TR 13082 - EXHIBIT 3 Addenda, Terms and Conditions General Conditions These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by indicating such change in the Instructions to Bidders, in the special conditions of the bid, or in the specifications/statement of work. any and all special conditions that may vary from these general conditions shall prevail over these General Conditions and any conflicting provision within any vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary. All quotes are subject to the terms and conditions specified herein. Those bids that do not comply with these conditions may be deemed non -responsive. Our Vision and Mission Our Vision., The City of Tamarac, our community of choice -- leading the nation in quality of life through safe neighborhoods, a vibrant economy, exceptional customer service and recognized excellence. Our Mission: We Are "Committed to Excellence... Always" It is our job to foster and create an environment that Responds to the Customer Creates and Innovates Works as a Team Achieves Results, and Makes a Difference In the fulfillment of our vision and mission, as stewards of the public trust, we value vision, integrity, efficiency and quality service. Our vendors are truly partners in meeting these commitments to the community, and in support of that vision and mission, we are committed to ensuring that qualified, competitive vendors who share our commitment to quality, efficiency, teamwork and customer service are employed to provide goods and services to the City. Our vendors are expected to deliver high qualityproducts and efficient service that is provided on time and as ordered,- in a manner that improves the overall value of the services that the Cityprovides to its residents. In addition, we expect our vendors to work with the City as a team, and exhibit the highest level of integrity when dealing with any office or department of the City. Diligence in the execution of the requirements of this proposal will ultimately contribute to the overall quality of services provided to the entire community. The City is searching for a firm who will exemplify these ideals in the execution of their work, and the successful firm will be measured against the performance standards outlined in this bid invitation. Introduction It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. Bidder certifies that when responding to a Request for Quotation that acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. Bidder agrees to abide by all conditions of this Bid and certifies that the individual executing this quotation is authorized to sign this Quotation as an agent for the Bidder. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "The Tamarac Procurement Code", Section 6-141 et seq. General Terms and Conditions These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. Any and atl special conditions in this IFB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in TR 13082 - EXHIBIT 3 their entirety 1. SUBMISSION OF THE BID/QUOTATION ELECTRONIC BID SUBMISSIONS ONLY, shalt be received by the Bidding System, no later than the closing time and date indicated in the bid document. The Bidder shalt have a Bidding System Vendor account and be registered as a Plan Taker for this Bid opportunity, which wilt enable the Bidder to download the Bid Call Document, to receive Addenda/Addendum email notifications, download Addendums and to submit their bid electronically through the Bidding System. The Bidder is cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted by a Bidder, as Bid transmission can be delayed in an "Internet Traffic Jam" due to file transfer size, transmission speed, etc. For the above reasons, the City recommends that the Bidder allow sufficient time to upload their Bid Submission and attachment(s) (if applicable) and to resolve any issues that may arise. The closing time and date shalt be determined by the City's Bidding System web clock. The Bidding System will send a confirmation email to the Bidder advising that their bid was submitted successfully. If you do not receive a confirmation email, contact technical support at bids&tenders via email, support@bidsandtenders.ca. Late Bids shall not be accepted by the City's Bidding System, To ensure receipt of the Latest information and updates via email regarding this bid, or If the Bidder has obtained this Bid Document from a third party, the onus is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the bid opportunity at httt>s://tamarac.bidsandtenders.ca. It is the Bidder's responsibility to read and understand the requirements of this quotation request. Unless otherwise specified, the Bidder must use the quotation form furnished online in the Bidding System. . ALL bids shall be submitted in the English language. ALL prices, terms and conditions quoted in the submitted bid shalt be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the quotation opening unless otherwise stated by the City. The Bidder preparing a quote in response to this solicitation shalt bear all expenses associated with its preparation. The Bidder shalt prepare a quotation with the understanding that no claim for reimbursement shalt be submitted to the City for expenses related to its preparation, 2. WITHDRAWAL OF QUOTATION Any Bidder may withdraw its quotation prior to the indicated opening time. Bidders may edit or withdraw their Bid Submission prior to the closing time and date. However, the Bidder is solely responsible to: i) make any required adjustments to their Bid; and ii) acknowledge the addendum/addenda; and iii) Ensure the re -submitted Bid is RECEIVED by the Bidding System no Later than closing date and time Listed in the bid document. NON -COLLUSIVE AFFIDAVIT Each Contractor shalt complete the Non -Collusive Affidavit Form and shalt submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal, 3. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 4.QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 5. PRICES, PAYMENTS, DISCOUNTS & ELECTRONIC PAYMENTS Firm Pricing: Bid prices shalt be fixed and firm to the extent required under Special. Conditions. In the absence of a reference in the Special TR 13082 - EXHIBIT 3 Conditions, bid prices shalt be fixed and firm for a period of sixty (60) calendar days, or ninety (90) catendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materiaLs/services. Cash discounts may be offered for prompt payment; however, such discounts shalt not be considered in determining the Lowest net cost for bid evaluation. Prompt Payment Discounts: Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shalt enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shalt. be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the Later date. Payment is deemed made on the date of the mailing of the check. ALL payments shalt be governed by the Local Government Prompt Payment Act F.S. Chapter 218. Payments by Electronic Funds Transfer: ALL payments by the City will, be made by Direct Deposit (ACH) via electronic funds transfer. No paper checks will be issued. Vendors must register for direct deposit with the City prior to receiving any payments by providing a "City of Tamarac Consent for Direct Deposit" form (ACH Form) to the City's Financial Services Accounting Division. The form may be accessed on the City of Tamarac web -site at hAtp;ILV/WW.tamarac.orglindex.aVXZNIQ!!622. Please contact the Purchasing & Contracts Division at the number shown on this solicitation document herein as the first point of contact for more information. 6. DELIVERY ALL items shalt be delivered F.O.13, destination to a specific City address. ALL delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 7. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality Level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and modeL/cataLog number. Bidder shalt submit complete descriptive Literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. S. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. ALL demonstrations will be done at the expense of the Bidder. 9. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or emptoyees, by the Broward County Sheriff's Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shalt be the sole judge in determining Bidder's qualifications. 10. CONDITIONS OF MATERIALS ALL materials and products supplied by the Bidder in conjunction with this bid shalt be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shalt be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shalt furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shalt commence upon final acceptance of the product. 11. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or setting the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from aLL Liability, Loss or expense occasioned by any such TR 13082 - EXHIBIT 3 violatign. 12. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act of 1970 as amended, and shall be in compliance with Chapter 442, Florida Statutes as well as any industry standards, if applicable. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). 13. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 14. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 15. TERMINATION a. DEFAULT: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b.TERMINATION FOR CONVENIENCE OF CITY: Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against Loss pertaining to this termination. c. FUNDING OUT: This agreement shall. remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 17.EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 18. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants TR 13082 - EXHIBIT 3 for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20.OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 21. INSURANCE REQUIREMENTS Except for contract requirements where goods are drop -shipped to the City, bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Occurrence Aggregate $1,000,000 $1,000,000 Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Liability Statutory The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-Vll per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of ail deductibles and self -insured retentions. TR 13082 - EXHIBIT 3 The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 22.INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attomeys' fees) in connection with loss of life, bodily or personal injury, or property damage, including Loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such Loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and aLL costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 23. INDEPENDENT CONTRACTOR An Agreement resulting from this solicitation does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under any potentiaL Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. Any potential Agreement shaLL not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 24. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail The Bidder shall examine aLL bid documents and shalljudge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted through the Bidding System by clicking on the "submit Question" button located on the bid details screen for the Bid you are submitting an inquiry for. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. Bidders shall acknowledge receipt of any addenda when submitting their Bid through the Bidding System. Bidders shall check a box for each addendum/addenda and any applicable attachments that has been issued before a Bidder can submit their Bid submission online. It is the responsibility of the Bidder to have received all Addendum/Addenda that have been issued. Bidders should check online at https://tamarac.bidsandtenders.org prior to submitting their Bid and up until Bid closing time and date in the event additional addendums are issued. The City encourages Bidders not to submit their Bid prior to forty-eight (48) hours before the Bid closing time and date, in the event that an addendum is issued. If a Bidder submits their bid prior to this or at any time prior to the bid closing and an addendum/addenda is issued by the Owner, the Bidding System shall WITHDRAW their Bid submission and change their Bid submission to an INCOMPLETE STATUS (NOT accepted by the Owner) and the Withdrawn Bid can be viewed by the Bidder in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: i) make any required adjustments to their Bid; and ii) acknowledge the addendum/addenda; and iii) Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than bid closing time and date listed in the bid document. NOTE: Additional company contacts are recommended for the reasons outlined below: . Do not invite any additional contacts that you do not want to have access to view, edit, submit and/or withdraw or who maybe in direct competition for example (a company may have two divisions that could compete for the same Bid Opportunity). TR 13082 - EXHIBIT 3 • You are strongly urged when creating or updating a Bidding System Vendor account to add additional company contacts to create their own Login to the Bidding System, This will permit your invited contacts that have created their own Login to manage (register, submit, edit and withdraw) Bids which your Company is a Registered Plan Taker for, In the event you are on vacation, or due to illness, etc. these additional contacts may act on your Company's behalf and have the authority to; receive addendum notifications from the Bidding System, and where permitted by the terms and conditions of the Bid Call Document, to submit Bids electronically through the Bidding System and/or withdraw and/or edit and/or acknowledge addendum/addenda, on your behalf. • If you are an invited company contact it is imperative that you create your Login from the Link contained in the email invitation. Do NOT go directly to bttlas:lttamarac,ili!dsindtepdtrs, rg website and create a separate vendor account. 25. BID TABULATION Bidders may download the bid tabulation directly from the Internet at bUp:J/www.tam&car.= . The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §12Q.5Z]i)(a), or within 10 days after bid/proposal opening, whichever is earlier. 26. RECORDS/AUDITS 27.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shatl comply with Florida's Public Records Law. Specifically the Contractor shall,: 27.1.1 Upon completion of the project, the Contractor must retain and maintain all records pertaining to the services and the contract for these services and make them available to the City for a period of seven (7) years following receipt of final payment for the services referenced herein. In the event Litigation ensues, then Contractor shall retain all records hereunder for a period of seven (7) years after conclusion of the Litigation, including any and all appeals. Upon completion of this retention period, contractor shall, at no cost to the City, transfer all public records in possession of the Contractor, or keep and maintain pubic records required by the City to perform the service. If the Contractor transfers all, public records to the City upon completion of the retention period, the Contractor shalt destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the retention period, the Contractor shall meet aLL applicable requirements for retaining public records. ALL records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. This requirement applies to the prime contractor and all sub- contractor's project records. However, it is the responsibility of the prime contractor to provide all of the records, both for the prime contractor and sub -contractor's records. 27.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by Law. 27.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by Law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 27.2 During the term of the contract, the Contractor shall maintain aLL books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 27.3 During the term of the contract, the Contractor shall maintain aLL books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, aLL books of account, reports and records relating to this contract. 27. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 28. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, TR 13082 - EXHIBIT 3 the unit prices shall prevail. I 29. VENUE Any Agreement resulting from this solicitation shalt be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida, 30. FORM AGREEMENT DOCUMENT The City may attach as a part of this solicitation, a Form Agreement document. Bidders shatl be responsible for complying with all of the terms and conditions of the Form Agreement document if included herein, except where variant or conflicting Language may be included in any Special Conditions contained herein. Bidders shalt note any deviation or variance with the Form Agreement document at the time of bid submission. 31. OTHER GOVERNMENTAL ENTITIES If a Bidder is awarded a contract as a result of this Invitation for Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation for Bid and resulting contract, Prices shall be F.O.B. Destination to the requesting agency. 32. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC,ORG We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Request of Quotation. We (1) certify that we(l) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with atL of the requirements of the entire Request for Quotation F We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Request of Quotation. We (1) certify that we([) have read the entire document, inctuding the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Quotation - Robert Espineira, Sates Manager The bidder shall declare any potential conflict of interest that could arise from bidding on this bid. Do you have a potential conflict of interest? a Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the Fite Name below addendum and Pages attachments (if appticabte) There have not been any addenda issued for this bid. TR 13082 - EXHIBIT 3 7 0 CERTIFICATE 4F LIABILITY INSURANCE DATE(MMlDD/YYYY} 3/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the'policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown of Florida, Inc. 2290 Lucien Way Suite 400 Maitland FL 32751 WCT Amy Manor P (407)660-8282 A (407)660-2012 .amanor@bborlando.com INSURERS AFFORDING COV£RAOE NAM # INSURERA.De os tors Insurance Co 42587 INSURED SSE & Associates, Inc. DBA: Southeastern Surfaces & Equipment PO Box 602 New Smyrna Beach FL 32170 INSURERB.:FFVA Mutual Insurance Co.. 10385 INSURER C.' .0: -INSURER INSURERE INSURERF: COVERA43ES CERTIFICATE NUMBER'L;LI"t.5191U615 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL eR POLICYNUMBER POLICY EFP I IMM1DQ=yI POLICY EXP fMM==1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A CLAIMS -.MADE �gCCUR PREM15 Ea000mence $ 100,000 MEDEXP Anyoneperson) $ 10,000 ACP3017576830 3/17/2017 3/17/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES. PER: GENERAL AGGREGATE $ 2,000,000 I PRO - POLICY LOC PRODUCTS - COMPIOP AGO $ 2,000,000 $ OTHER. AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALLOSWNED SCHEDULED AUTOS ACP3017576830 3/17/2017 3/17j2018 _....: BODILY INJURY (Pereccdeden!) ------ PROPERTY DAMAGE APer accident $ HIRED AUTOS NON-OVINED AUTOS 11 Pip $ 10,000 ..00CUR X UMBRELLA LIAS X S EACH OCCURRENCE $ 5 000 000 AGGREGATE $ 5,000,000 A EXCESSUAB CLAIMS -MADE DED RETENTION$ $ ACP3017576830 3/17/2017 3/17/2018 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Yt N OFFICER/MEMBER EXCLUDED7. � (MandatoryinNH) N!A 1 t WC840-0032403-2017A 3/17/2017 3/17/2018 X MUTE ER E.L. EACH ACCIDENT _ $ 1,000,000 E.L. DISEASE - EA EMPLOYEE - - --_ $ 1 004,040 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000,000 A Inland Marine ACP3017576830 3/17/2017 3/17/2018 Rented/Leased Limit 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attaehad If mera space is roquhed) ID #22530 LICENSE # 0190112 ***FOR INFORMATION ONLY***' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE UeStefano, `BA, CZC O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS026 po14o1) COMMENTS/REMARKS Installation Floater -Policy# ACP3017576830 3/17/2017-3/1'1/2018 Limit at Any Single Location- $200,000 Limit Per Disaster- $200,000 ' OFREMARK COPYRIGHT 2000, AMS SERVICES INC.