HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-132Temp. Reso. # 12103
November 9, 2011
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011 ,' j
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE UTILIZATION
OF EXISTING CONTRACT NO. 07-C-071 AWARDED TO
ROOF DOCTORS — SOUTH FLORIDA, INC., BY THE CITY
OF CORAL SPRINGS TO PROVIDE VARIOUS ROOFING
SERVICES, FOR THE ROOF REPLACEMENT AT CITY
HALL, FOR AN AMOUNT NOT TO EXCEED $261,100; A
CONTINGENCY IN THE AMOUNT OF $38,900, FOR A
TOTAL PROJECT BUDGET OF $300,000; AUTHORIZING
AN EXPENDITURE FROM THE APPROPRIATE ACCOUNTS;
AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR
PROPER ACCOUNTING PURPOSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac strives to keep its public facilities and buildings
maintained in a high level for its residents, citizens, and employees; and
WHEREAS, the roof of City Hall located at 7525 NW 88th Avenue, is in need of
replacement due to normal deterioration resulting from time and weather; and
WHEREAS, the timely replacement of the roof at City Hall is important for the long
term care and maintenance of the building and will prevent costlier and more complex
repairs in the future; and
WHEREAS, funding for the roof replacement at City Hall exists in the amount of
$300,000; and
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Temp. Reso. # 12103
November 9, 2011
Page 2
WHEREAS, on May 8, 2007, the City of Coral Springs awarded Contract No. 07-C-
071 to Roof Doctors — South Florida, Inc., a subsidiary company of Roofing Concepts
Unlimited, Inc., (RCU) for roof maintenance, repair, replacement, and related services.
WHEREAS, the agreement was recently renewed for a term to end on May 31,
2013, a copy of said Contract Agreement is included herein as Attachment A to "Exhibit 1" ;
and
WHEREAS, it is the recommendation of the Interim Director of Public Works and
Purchasing and Contracts Manager to approve the roof replacement at City Hall, at a cost
not to exceed $261,100.00, with a contingency in the amount of $38,900 being added to
the Project Account, for a total project budget of $300,000, per the vendor's quotation a
copy of which is attached hereto as Attachment B to "Exhibit 1 ", utilizing the City of Coral
Springs Contract Agreement No. 07-C-071 for roof maintenance, repair, replacement, and
related services; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City of Tamarac for the appropriate City
Officials to award and execute an Agreement with Roof Doctors — South Florida, Inc., a
subsidiary company of Roofing Concepts Unlimited, Inc., (RCU) utilizing Contract #07-C-
071, awarded by the City of Coral Springs for the roof replacement at City Hall, at a cost
not to exceed $261,100.00, with a contingency in the amount of $38,900 being added to
the Project Account, for a total project budget of $300,000, the Agreement included herein
as Exhibit °1".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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Temp. Reso. # 12103
November 9, 2011
Page 3
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION 2: The purchase of the roof replacement at City Hall, at a cost not
to exceed $300,000, utilizing the City of Coral Springs Contract No. 07-C-07 for roof
maintenance, repair, replacement, and related services, copy of which is attached hereto
as "Exhibit 1 ", is hereby approved.
SECTION 3: The appropriate City Officials are hereby authorized to award
and Execute an Agreement in the amount of $261,100 with Roof Doctor — South Florida,
Inc., for the roof replacement at City Hall, .
SECTION 4: An Expenditure in an amount not to exceed $300,000, including
a contract amount of $261, 100 and a project contingency in the amount of $38,900for said
purpose is hereby approved.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: 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.
Temp. Reso. # 12103
November 9, 2011
Page 4
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of '-ate ,2011.
ATTEST:
P� -me-MAi� •- . •
CITY CLERK.
0IF TA 41
�Alg9
m ESTABLISHED*:
- 1963
SEAL
I HEREBY CER4Y''fi 4A`i I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
JZV
SAMWEL S. GOREN
CITY ATTORNEY
pmm_'�_ �'L((
PAMELA BUSHNELL
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL 6j
DIST 1: COMM. SWENSQf4
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. DRESS LER-
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1
Purchasing and Contracts DIvIsron
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
ROOF DOCTORS -- SOUTH FLORIDA, INC.
THIS AGREEMENT is entered into on QC 6 f !420 (L between the
City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88' Avenue,
Tamarac, Florida 33321 (City) and Roof Doctors — South Florida, Inc, a Florida corporation with
principal offices located at 11820 NW 418t Street, Coral Springs, Florida 33065 (Contractor) for
the purpose of providing roofing services for the City Hall Roof to the City of Tamarac. The
parties hereby agree to the following terms and conditions.
In return for valuable consideration in the amount of $261,100, Contractor shall comply
with the terms and conditions within the City of Coral Springs Contract #07-C-071
attached hereto as Exhibit A. All terms and conditions of the contract documents set
forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the
proposal specific to the City of Tamarac as set forth in Exhibit B attached hereto and
incorporated herein as if set forth in full.
2. Upon execution of this Agreement, all references made to the City of Coral Springs
Contract #07-C-071 in Exhibit A and Exhibit B shall be interpreted as pertaining to the
City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed
as having been implemented for use within the City of Tamarac. It is understood that
wherever the words "agency name" or "agency board name" appear, they shall be read
as "City of Tamarac" and "City of Tamarac Commissioners".
3. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
4. Contract Sum and Payments:
The Contract Sum for the above work is Two Hundred Sixty -One Thousand, One
Hundred Dollars and no cents ($261,100). All payments shall be governed by the Local
Government Prompt Payment Act, F.S., Part VI I, Chapter 218.
5. Insurance: In addition to the insurance requirements stated in the City of Coral Springs
Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as required by the
City's Risk and Safety Manager before beginning work under this Agreement including,
but not limited to, Workers' Compensation, Commercial General Liability, and all other
insurance as required by the City. Contractor shall maintain such insurance in full force
and effect during the life of this Agreement. Contractor shall provide to the City's Risk
and Safety Manager certificates of all insurances required under this section prior to
beginning any work under this Agreement. The Contractor will ensure that all
subcontractors comply with the above guidelines and will retain all necessary insurance
in force throughout the term of this agreement. The following minimal insurance
coverage shall be provided:
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
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® Purchasing and Contracts pivrson
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub -consultant that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) days notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
b. Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. Professional Liability (Errors and Omissions) Insurance: $1,000,000.
f. The City must be named as an additional insured for General Liability coverage
unless Owners and Contractors' Protective Coverage is also provided, or
required. Sixty (60) days written notice must be provided to the City via
Certified Mail in the event of cancellation.
g. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto" type policy. The City must be listed as an
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
h. In the event that sub -contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub -consultants'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub -contractors.
i. Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
j. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Contractor shall be responsible for
iii r r 7 rn ,�r,:rc Purchasing and Contracts Divisrnn
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
6. Indemnification:
a. The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents 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 Contractor
or its officers, employees, agents, subcontractors, 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 or its elected or appointed officials and employees.
The above provisions shall survive the termination of this Agreement and
shall pertain to any occurrence during the term of this Agreement, even
though the claim may be made after the termination hereof.
b. Upon completion of all services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
c. The Consultant shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
d. The City and Consultant recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Consultant and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 001100 ($10.00), receipt of
which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by Consultant.
Furthermore, the City and Consultant understand and agree that the covenants
and representations relating to this indemnification provision shall serve the
term of this Agreement and continue in full force and effect as to the City's and
the Consultant's responsibility to indemnify.
e. 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 Consultant under the indemnification agreement.
f. Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
7. Non -Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Consultant shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion, age,
national origin, marital status, political affiliation, familial status, sexual orientation, or
disability if qualified. The Consultant will take affirmative action to ensure that
"ity or ;rir xr; is Purchasim and Coottacts Division
employees are treated during employment, without regard to their race, color, sex,
religion, age, national origin, marital status, political affiliation, familial status, sexual
orientation, 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 Consultant shall agree to post in
conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Consultant further agrees that he/she will ensure that
Sub -consultants, if any, will be made aware of and will comply with this
nondiscrimination clause.
8. Independent Contractor:
This Agreement 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 this 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. This 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.
9. Assignment and Subcontracting:
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
10. Termination:
a. Termination for Convenience: This 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.
b. Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
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c:;rty or 7,:rmar,:ai' Purrhasuuy and Contracts Division
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.
11. Agreement Subject to Funding
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.
12. Venue:
This Agreement 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.
13. Signatory Authority:
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
14. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
15. No Construction Against Drafting Party:
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives the
right to assert such a presumption in any proceedings or disputes connected with, arising
out of, or involving this Agreement.
16. Notice:
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground
courier services or by messenger service, addressed to the party for whom it is intended at
the following addresses.
M)
.'al, of 1r 179f. i
CITY
City Manager
City of Tamarac
7525 NW 88'h Avenue
Tamarac, FL 33321
With a copy to Cily Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Roof Doctors - South Florida, Inc.
11820 NW 41$ St.
Coral Springs, FL 33065
ATTN: Michael Jacobazzi,
President
(954) 786-9350
(954) 786-9357 (Fax)
Purchasmg and Contracts Division
REMAINDER OF PAGE INTENTIONALLY BLANK
2
Pur'chasmg and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
President duly authorized to execute same.
ATTEST:
Peter M.J. Rich#rdson, CRM, CIVIC
City Clerk
Date `\\\ of TAA4��i%,��
W . ESTABLISHED Q
1963
C>' SEAL
A EST:Cc
®`
/1,/11jfi1i11\���
Signature of
7aA ' —1 � c C b-6 77 -7 t'
Type/Print Name of Corporate Secy.
CITY OF TAMARAC
Pamela Bushnell, Mayor
It/ /0 1w
ichael C. Cernech, City Manager
Date ...---
Approved as form and legal sufficiency:
City Attorn y
Date
ROOF DOCTORS — SOUTH FLORIDA,
INC.
Company Name
Signature of Pr si t/O
Michael Jacobazzi
Type/Print Name of President/Owner
1a•q-90
Date
rk
No Text
i...,'/tv or 1 All)�9la3
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA:
:SS
COUNTY OFF,,, -,-A
Purchasing and Contracts (division
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared Michael
Jacobazzi, President of Roof Doctors - South Florida, Inc. a Florida Corporation, to me known
to be the person(s) described in and who executed the foregoing instrument and acknowledged
before me that he/she executed the same.
WITNESS my hand and official seal this 4 day of C��.�a� a,r , 200y
MICHAEL LEVINE
l'(��;YNp(/B
z; MY COMMIS510N #D0871171
yY EXPIRES: JUL 01, 2013 Si nature of Notary Public
Bonded through 1st State Insurance State of Florida at Large
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
SECOND AMENDMENT TO SERVICES AGREEMENT FOR ROOF MAINTENANCE,
REPAIR, REPLACEMENT AND RELATED SERVICES BETWEEN
CITY OF CORAL SPRINGS AND ROOF DOCTORS — SOUTH FLORIDA, INC.
IS AMENDMENT TO AGREEMENT, made and entered into the day of
2011, by and between:
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9551 West Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CITY")
AND
ROOF DOCTORS - SOUTH FLORIDA, INC.
a Florida corporation
11820 NW 41" Street
Coral Springs, Florida 33305
(hereinafter referred to as "CONTRACTOR")
WHEREAS, on May 8, 2007, the City entered into an agreement with Roof Doctors ---
South Florida, Inc.; and
WHEREAS, on May 5, 2009 the CITY and CONTRACTOR amended the Agreement to
extend the terns to May 31, 2011; and
WHEREAS, the current Agreement will terminate on May 31, 2011 and the City has the
option to renew for one (1) additional two (2) year term; and
WHEREAS, both parties are desirous of extending the term of the Agreement- and
WHEREAS, the parties agree as follows:
Section 1. The recitals and findings set forth above are hereby adopted by reference and
incorporated herein as if fully set forth in this section.
Section 2. The Term of this Agreement is hereby extended to May 31, 2013.
Section 3. Section 3, Compensation, shall be amended to add the following:
3.2 CONTRACTOR shall be paid an amount not to exceed two hundred thousand
dollars t$200,000.00} per fiscal year for the period. rune 1, 2011 to May 31, 2013.
Any work done or services performed by CONTRACTOR after said maximum
amount of fees has been incurred shall be at CONTRACTOR'S risk and CITY
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roof doctors — south flodda, Inc.
Doc. 103883, Vile I1-0011(29) Iftc I of 4
shall not be responsible for payment to CONTRACTOR of any fees in excess of
the amount stated in this paragraph, unless prior authorization, in writing, has
been approved by CITY.
Section 4. All other conditions and terms of the original Agreement as amended, not
specifically amended herein, shall remain in full force and erect.
section 5. SEVERABII.,TIE"'i'
Should any part, term or provision of this Amendment be by the courts decided to
be illegal or in conflict with any law of the State, the validity of the remaining
portions or provisions shall not be affected thereby.
Section 6. This Second Amendment shall be effective upon the approval of the City
Commission.
(BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK)
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Doc. 103883, File 11 0011(29) rage 2 of
IN Wl"X NESS WHEREOF, THE CITY OF CORAL,, SPRJNGS AND ROOF DOCTORS —
SOUTH FLORIDA, INC., have caused these present to be executed in their respective names by
the proper officials the day and year first above written.
CI'.CT OF CORAL SPRINGS, FLORIDA
( m4x --
ATTEST:
JOSEPHINE CHA.VEZ, CRM, CITY CLE
APPROVED AS TO FORM
��a .1t.c.._d�-,1 n
ASS"TAC&Y ATTORNEY
STATE OF FLORIDA.
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the — day of 2011, by
Josephine Chavez, CRM and Roy Gold, City Clerk and Mayor, i4pectively.
rotary Public, State o Flo' Lida
NOTARY PUBLIC
SEAL OF OFFICE
NOTARY pUBLIC�-STATE OF�P�WRMA
j
it%Commission # EE074350
Expires: MAR. 16, 26I5
BONDED TAU AT 4Ah-nC BONDING OD-, TMtC.
Second arnendrnent/roof services
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Doe. 103983, file 11-0011(29)
Page 3 of 4
-11i Ji_ Lees
Printed, typed, or stamped name
of Notary Public exactly as commissioned
Individuals who sighed are personally
known: No identification produced
a
r
f
f
it
ROOF DOCTORS - SOUTH I+'LORIDA, INC.
r
Date: • / '40
Stateof (tovr,c�A
County of %r 0W�
On this, the 1 'A._ day of A �J — 2011, before me, the undersigned Notary Public
of the State of �r\or,o P the foregoing ingtrument was acknowledged by
(name), -Prg. ,- ,.4 ,,, (title) of Roof
Doctors - South Florida, Inc., a Florida corporation, on behalf of the corporation.
WnM-SS my hand
and official seal
Notary Pub , tate f f L o r + Ap
M MICHAEL LI VINE
In MYC0MMIS8I0N#DI)87i171
EXPIRES:JUL 01,2013
ande�Flh
Printed, . pal -or stamped name pf otary
Public oxactly as commissioned
Paarsanally lclaown toto � or
Frn ue ideut"IIcation:
(type of identification produced)
,Second umendmendroof services
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Clot. 103883, File 11-0011(29) Page 4 of 4
AMENDMENT TO SERVICES AGREEMENT FOR ROOF MAINTENANCE,
REPAIR, REPLACEMENT AND RELATED SERVICES BE,
CITY OF CORAL SPRINGS AND ROOF DOCTORS — SOUTH FLORIDA, INC.
THIS AMENDMENT TO AGREEMENT, made and entered into the (S day of
2009, by and between:
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9551 West Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CITY")
AND
ROOF DOCTORS — SOUTH FLORIDA, INC.
a Florida corporation
11820 NW 41st Street
Coral Springs, Florida 33065
(hereinafter referred to as "CONTRACTOR")
WHEREAS, on May 8, 2007, the City entered into an agreement with Roof Doctors ---
South Florida, Inc.; and
WHEREAS, the Agreement provides for an option to renew for two (2) additional two
(2) year time periods and therefore it is in the best interest of both parties to extend the term of
the Agreement; and
WHEREAS, the parties anticipate services performed by CONTRACTOR will increase
during this two (2) year renewal period; and
WHEREAS, the parties agree as follows:
Section 1. The recitals and findings set forth above are hereby adopted by reference and
incorporated herein as if fully set forth in this section.
Section 2. The Term of this Agreement is hereby extended to May 31, 2011,
Section 3. Section 3, Compensation, shall be amended to read as follows:
SECTION 3 COMPENSATION
3.1 CONTRACTOR. shall be paid an amount not to exceed one t.—A—Ad�y
tkaa�el two hundred thousand dollars ($200,000.00). Any
work done or services performed by CONTRACTOR after said maximum amount
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Doc. 94519, File 09-0131 Page I of 4
of fees has been incurred shall be at CONTRACTOR'S risk and CITY shall not be
responsible for payment to CONTRACTOR of any fees in excess of the amount
stated in this paragraph, unless prior authorization, in writing, has been approved
by CITY.
Section 4. All other conditions and terms of the original Agreement, not specifically
amended herein, shalt remain in full force and effect.
Sections. SEVERABILITY
Should any part, term or provision of this Amendment be by the courts decided to
be illegal or in conflict with any law of the State, the validity of the remaining
portions or provisions shall not be affected thereby.
Sectiond. This Amendment shall be effective upon execution of both parties.
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Doc. 94519, File 09-0131 Page 2 of 4
IN WITNESS WHEREOF, THE CITY OF CORAL SPRINGS AND ROOF DOCTORS ---
SOUTH FLORIDA, INC., have caused these present to be executed in their respective names by
the proper officials the day and year first above written.
CITY OF CORAL SPRINGS, FLORIDA
I. r
SCOTT J. BROOK, MAYOR
FA
PETER M.L faI A A DSON, CRM, CITY CLERK
APPROVED AS TO FORM
ASSI T�CIYORNEY
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me, the undersigned Notary Public
in and for the State of Florida, on this, the day of , 2009, by
Peter 141 Richardson, CRM and Scott I. Brook, City Clerk Mayor, respectively.
NOTARY PUBLIC
SEAL OF OFFICE
,r�r ► NigD
of Florida(3M474172C
amendment/roof services
roo£dootors-- south florlda, inc.
Doc. 9019, File 09-0131 Page 3 o£4
r
Notary b lc, Late Florida
Printed, typed, or stamped name
of Notary Public exactly ascommissioned
Individuals who signed are personally
known., No identification produced
ROOF DOCTORS -- SOUTII FLORIDA, INC.
State State of F l�.r"+�
County of "t r�4vc r
On this, the day of 2009, before me, the undersigned Notary Public
of the State of the foregoing instrument was acknowledged by
M ; Al (name), '�'� '�'4 ,Q -A (title) of Roof
Doctors --- South Florida, Inc., a Florida corporation, on behalf of the corporation.
WITNESS my hand
and official seal
Notary Public, State of i
«' * MICHAEL LGVINF
DAY COMMISSION #1)0406028
� z I:XP1110 : JUL 01. 2009
Public exactly as commissioned
Personally known to me, or
Produced identification:
(type of identification produced)
amendment/mof services
roof doctors -- south Florida, ine.
Doc. 94519, File 09.0131 Page 4 of 4
SERVICES AGREEMENT FOR ROOF MAINTENANCE, REPAIR
REPLACEMENT AND RELATED SERVICES
THIS AGREEMENT, made and entered into the _day of ,
2007 by and between:
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9551 West Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CITY")
AND
ROOF DOCTORS — SOUTH FLORIDA, INC.
a Florida corporation
11820 NW 4IST Street
Coral Springs, Florida 33065
(hereinafter referred to as "CONTRACTOR")
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
SCOPE OF SERVICES
L l CONTRACTOR shall furnish and provide all labor, materials, equipment,
supplies, transportation, shop facilities, and any other requirement
necessary to inspect and perform the required work at various City owned
buildings.
1.2 CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying
CONTRACTOR'S best skill, attention and expertise. CONTRACTOR
shall be solely responsible for and have control over the means, methods,
techniques, sequences and procedures of construction. CONTRACTOR
shall be responsible to see that the finished Work complies accurately with
the Contract.
1.3 CONTRACTOR shall provide and pay for competent, suitably qualified
personnel to perform the work as required by the contract documents.
CONTRACTOR shall not permit employment of unfit persons or persons
not skilled in tasks assigned to them. CONTRACTOR shall at all times
maintain good discipline and order at the site. Except in connection with
the safety or protection of persons or the work or property at the site, all
work at the site shall be performed during regular working hours, 8:00
roofing maintenance, etc.
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a.m. to 5:00 p.m. and CONTRACTOR will not permit overtime work or
the performance of work on Saturday, Sunday or any holiday observed by
CITY without CITY'S written consent, except for an emergency call -out
during non -business hours.
1.4 CONTRACTOR shall furnish, pay for and assume full responsibility for
all materials, equipment, transportation, machinery, tools, appliances, and
all other facilities and services necessary for the furnishing, performance,
and proper completion of the work.
1.5 CONTRACTOR shall be fully responsible to CITY for all acts and
omissions of the CONTRACTOR'S employees, subcontractors, suppliers
and other persons directly or indirectly employed by his subcontractors,
suppliers and of persons for whose acts any of them may be liable and any
other persons and organizations performing or furnishing of the work
under a direct or indirect contract with CONTRACTOR. Nothing in the
Contract shall create any contractual relationship between CITY and any
such subcontractor, supplier or other person or organization, nor shall it
create any obligation on the part of CITY to pay or to see to the payment
of any moneys due any such subcontractor, supplier or other person or
organization except as may otherwise be required by laws and regulations.
1.6 CONTRACTOR shall comply with and give all notices required by laws,
ordinances, rules, regulations and lawful orders of public authorities
applicable to the performance of the work. CITY shall not be responsible
for monitoring CONTRACTOR'S compliance with any laws and
regulations. CONTRACTOR shall promptly notify CITY if the Contract
terms are observed by CONTRACTOR to be at variance therewith.
1.7 CONTRACTOR shall confine equipment, the storage of materials and
equipment and the operations of workers to the project site and areas
identified in and permitted by the contract documents and shall not
unreasonably encumber the premises with equipment or other materials.
1.8 CONTRACTOR shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall
CONTRACTOR subject any part of the work or adjacent property to
stresses or pressures that will endanger it.
1.9 CONTRACTOR shall not subcontract or otherwise engage subcontractors
to perform the required services without prior written consent of CITY.
1.10 EMERGENCY CALL OUTS: For emergency call -outs, CONTRACTOR
shall physically respond to the designated location within two (2) hours
during regular business hours and physically respond to the designated
location within four (4) hours during other than regular business hours.
roofing maintenance, etc.
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2. TERM
2.1 This Agreement shall be effective upon the approval of the City
Commission and shall terminate on May 31, 2009 unless otherwise
terminated pursuant to Section 12 of this Agreement. CITY reserves the
right to renew this contract for two (2) additional two-year periods based
on CONTRACTOR'S level of performance and approved and available
funding. Prior to commencement of work, CONTRACTOR shall meet
with applicable CITY staff for a pre -construction meeting.
COMPENSATION
3.1 CONTRACTOR shall be paid an amount not to exceed one hundred and
fifty thousand dollars ($150,000.00). Any work done or services
performed by CONTRACTOR after said maximum amount of fees has
been incurred shall be at CONTRACTOR'S risk and CITY shall not be
responsible for payment to CONTRACTOR of any fees in excess of the
amount stated in this paragraph, unless prior. authorization, in writing, has
been approved by CITY.
3.2 CONTRACTOR shall submit invoice upon completion of the work and
itemized as to quantity, description, and applicable discount (if any) to:
Director of Public Works
City of Coral Springs
9551 West Sample Road
Coral Springs, FL 33065
Invoice must clearly indicate the City of Coral Springs' name, address to
which the services were provided and the correct purchase order number.
CONTRACTOR'S invoices shall be based up on the rates as designated in
Exhibit "A", attached hereto and incorporated herein.
3.3 Payment shall be made by CITY within thirty (30) calendar days after
receipt and approval of the invoice and CITY has accepted the work.
4. TAXES
4.1 CONTRACTOR shall pay all applicable sales, consumer use and other
similar taxes required by law.
5. PATENTS
5.1 CONTRACTOR shall pay all license fees and royalties and assume all
costs arising out of or from the use of any invention, design, process,
product or device which is the subject of patent rights of copyrights held
roofing maintmence, etc.
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by others and used in the performance of the work which is the subject of
this Agreement.
6.1 G ,N�, UAL INDEMNI1rICATION: CONTRACTOR shall indemnify,
defend, save and hold harmless the CITY, its officers, agents and
employees, from all claims, damages, losses, liabilities and expenses
direct, indirect or consequential, arising out of or alleged to have arisen
out of or in consequence of the operations of the CONTRACTOR or his
subcontractors, agents, officers, servants, independent contractors or
employees pursuant to this Agreement, specifically including but not
limited to those caused by or arising out of (a) a defective condition in any
goods or services provided pursuant to this Agreement, whether patent or
latent; (b) any act, omission, default or negligence of the CONTRACTOR
in the provision of the services and goods under this Agreement; (c) the
use of any improper or nonconforming materials; (d) the breach of any
warranty and/or term of this agreement by CONTRACTOR (e) the
violation of federal, state, county or municipal laws, ordinances or
regulations by CONTRACTOR.
6.2 PATENT AND Q2PYJUGHJ jNDF,,,MNM'1G, ATIQN: CONTRACTOR
shall indemnify, save and hold harmless, the CITY, its officers, agents and
employees from all claims, damages, losses, liabilities and expenses
arising out of an alleged infringement of copyrights, patent rights, the
unauthorized or unlicensed use of any material, property or other work in
connection with the performance of the services provided pursuant to this
Agreement.
6.3 CONTRACTOR shall pay all claims, losses, liens, fines, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to reasonable attorney's fees
and court and arbitration costs. These indemnifications shall survive the
tern of this Agreement.
6.4 CONTRACTOR shall defend all actions in the name of CITY when
applicable, however, 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 this indemnification agreement. Nothing contained herein is
intended not shall be construed to waive CITY'S rights and immunities
under the common law or Florida Statutes 768.28 as amended from time
to time.
roofing maintenance, etc.
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7. WARRANTIES
7.1 Warranty of MrdMhantabili v: CONTRACTOR warrants that all
equipment and materials to be supplied pursuant to the Agreement will be
merchantable, of good quality and free from defects, whether patent or
latent in material or workmanship.
7.2 Warranty of Material and Workmanship: CONTRACTOR warrants all
material and workmanship for a minimum of one (1) Mr from date of
completion and acceptance by CITY. If within oar, (1) veer after
acceptance by CITY, or within such larger period of time as may be
prescribed by law any of the work is found to be defective or not in
accordance with the Contract documents, CONTRACTOR shall promptly
after receipt of a written notice from CITY to do so, promptly correct the
work unless CITY has previously given CONTRACTOR a written
acceptance of such condition. This obligation shall survive termination of
the Contract.
7.3 Warranty of Title: CONTRACTOR warrants that all materials delivered
under the contract shall be of new manufacture and that CONTRACTOR
possesses good and clear title to said materials and there are no pending
liens, claims or encumbrances whatsoever against said materials.
7.4 CONTRACTOR warrants that there has been no violation of copyrights,
patent rights or licensing agreements in connection with the work of the
contract.
7.5 CONTRACTOR warrants to CITY that the consummation of the work
provided for in the Contract documents will not result in the breach of any
term or provision of, or constitute a default under any indenture, mortgage,
contract, or agreement to which CONTRACTOR is a party.
7.6 CONTRACTOR warrants to CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened
with any litigation, arbitration or other legal or administrative proceedings
or investigations of any kind which would have an adverse effect on its
ability to perform its obligations under the Contract.
7.7 CONTRACTOR warrants to CITY that it will comply with all applicable
federal, state and local laws, regulations and orders in carrying out its
obligations under the Contract.
7.8 All warranties made by CONTRACTOR together with service warranties
and guaranties shall run to CITY and the successors and assigns of CITY.
roofing maium mce, etc.
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0
8. INSURANCE
8.1 Prior to award, and in any event prior to commencing work, the
CONTRACTOR shall provide CITY with certified copies of all insurance
policies providing coverage as required by these Special Conditions.
8.2 The CONTRACTOR shall secure and maintain, at its own expense, and
keep in effect during the full period of the contract a policy or policies of
insurance, which must include the following coverage's and minimum
limits of liability;
(a) Workee& Com2,sation a d Emnlovees Liability Insurancg for all
employees
of the CONTRACTOR engaged in work under the Contract in
accordance with the laws of the State of Florida. The
CONTRACTOR shall agree to be responsible for the employment,
control and conduct of its employees and for any injury sustained
by such employees in the course of their employment.
(b) CgmRrehensive Geggral Liability InsuraM with the following
minimum limits of liability:
S 1.000.Q0 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
Coverage shall specifically include the following minimum limits
not less than those required for Bodily Injury Liability and
Property Damage:
S 1.000.000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
(1) Premises and Operations;
(2) Independent Contractors;
(3) Products and Completed Operations;
(4) Broad Norm Property Damage;
(5) Broad Form Contractual Coverage applicable to the
Contract and specifically confirming the indemnification
and hold harmless agreement in the Contract;
(6) Personal Injury Coverage with employment and contractual
exclusions removed and deleted.
roofing mainw=ce, etc.
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(0) CO MRrehcnsive Automobile Liability Insurance for all owned, non -
owned and hired automobiles and other vehicles used by
CONTRACTOR in the performance of the work with the following
minimum limits of liability:
S 1,000-000 1 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
8.3 ALL LIABILITY INSURANCE POLICIES SHALL SPECIFICALLY
PROVIDE THAT THE CITY OF CORAL SPRINGS IS AN
ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED
WITH RESPECT TO THE REQUIRED COVERAGES AND THE
OPERATIONS OF THE CONTRACTOR UNDER THE CONTRACT.
INSURANCE Companies selected must be acceptable to CITY_ All of the
policies of insurance so required to be purchased and maintained shall
contain a provision or endorsement that the coverage afforded shall not be
canceled, materially changed or renewal refused until at least thirty (30)
calendar days written notice has been given to CITY by certified mail.
8.4 The required insurance coverage shall be issued by an insurance company
duly authorized and licensed to do business in the State of Florida with the
following minimum qualifications in accordance with the latest edition of
A.M. Best's Insurance Guide:
Financial Stability B+ to A+
8.5 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the
parties being that the required insurance coverage's protect both parties as
the primary coverage's for any and all losses covered by the above
described insurance.
8.6 The CONTRACTOR shall ensure that any company issuing insurance to
cover the requirements contained in this Contract agrees that they shall
have no recourse against CITY for payment or assessments in any form on
any policy of insurance.
8.7 The clauses "Other Insurance Provisions" and "Insured Duties in the Event
of an Occurrence, Claim or Suit" as it appears in any policy of insurance
in which CITY is named as an additional named insured shall not apply to
CITY. CITY shall provide written notice of occurrence within fifteen (15)
working days of CITY'S actual notice of such an event.
8.8 The CONTRACTOR shall not commence work under the Contract until
after he has obtained all of the minimum insurance herein described.
roofing maintenance, etc_
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Page 7 of 16
8.9 The CONTRACTOR agrees to perform the work under the Contract as an
independent contractor, and not as a subcontractor, agent or employee of
CITY.
8.10 Violation of the terms of this paragraph and its sub -parts shall constitute a
breach of the Contract and CITY, at its sole discretion, may cancel the
Contract and all rights, title and interest of the CONTRACTOR shall
thereupon cease and terminate.
9. PAYMENT AND PERFORMANCE BOND
9.1 Proposal security and proof of insurance, when required by the Special
Conditions, shall be submitted with the proposal as specified in the Special
Conditions. After acceptance of the proposal, the CONTRACTOR, when
required by the Special Conditions, shall submit payment and/or
performance bonds, certificated and/or policies of insurance in the
manner, form and amount(s) specified in the Special Conditions.
10, TIME OF COMPLETION
10.1 The work to be performed under the Contract shall be commenced upon
issuance of Purchase Order (date of commencement).
10.2 The number of days within which the work is to be completed is to be
determined in consecutive calendar days from the date of the
commencement on a project -by -project basis.
10.3 CONTRACTOR agrees and fully understands that the completion time of
the work of the Contract is an essential and material condition of the
Contract and that time is of the essence. The CONTRACTOR agrees that
all work shall be prosecuted regularly, diligently and uninterrupted at such
rate of progress as will ensure full completion thereof within the time
specified. Failure to complete the work within the time period specified
shall be considered a default.
10.4 Delays and extensions_ of time: The Contract time may only be changed
by a change order or a written amendment. Any claims for an extension
or shortening of Contract time shall be based upon written notice delivered
by the party making the claim to the other party not more than ten (10)
calendar days after the occurrence of the event giving rise to the claim and
stating the general nature of the claim otherwise it shall be waived.
10.5 No claim for damages or any claim other than an extension of time shall
be made or asserted against the CITY by reason of any delays.
roofing tx waftnmwe, etc.
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11. TITLE AND RISK OF LOSS
11.1 The risk of loss, injury or destruction, regardless of the cause of the
casualty, shall be carried by CONTRACTOR until the delivery and
installation of the equipment to CITY's premises, and inspection and
acceptance of the equipment by CITY. Title to equipment shall pass to
CITY upon acceptance by CITY.
12. TERMWATION
12.1 J;RMINATION FOR CAUSE: In the event the CONTRACTOR shall
default in or violate any of the terms, obligations, restrictions or conditions
o'fthis Agreement, the CITY shall give the CONTRACTOR written notice
by certified mail of the default and that such default shall be corrected or
actions taken to correct such default shall be commenced within three (3)
calendar days thereof. In the event the CONTRACTOR has failed to
correct the condition(s) of the default or the default is not remedied to the
satisfaction and approval of the CITY, the CITY shall have all legal
remedies available to it, including, but not limited to, termination of this
Agreement in which case the CONTRACTOR shall be liable for all
reprocurement costs and any and all damages permitted by law arising
from the default and breach of this Agreement.
12.2 TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7)
calendar days written notice delivered by certified mail, return receipt
requested, to the CONTRACTOR, the CITY may without cause and
without prejudice to any other right or remedy, terminate this Agreement
for the CITY'S convenience whenever the CITY determines that such
termination is in the best interest of the CITY. Upon receipt of the notice
of termination for convenience, the CONTRACTOR shall promptly
discontinue all work at the time and to the extent indicated on the notice of
termination, terminate all outstanding sub -contractors and purchase orders
to the extent that they relate to the terminated portion of the Agreement
and refrain from placing further orders and sub -contracts except as they
may be necessary, and complete any continued portions of the work. If
the CONTRACTOR continues the work beyond the time specified in the
notice, he does so at his own risk and for his own account. The
CONTRACTOR shall be paid for all work properly performed prior to the
effective date of termination and for all materials, supplies and services
which cannot be canceled and which were placed prior to the effective
date of the termination.
12.3 VOLUNTARY TERMINATION: CITY or CONTRACTOR may
terminate this Agreement by providing thirty (30) calendar days advance
written notice of termination in the manner specified in paragraph 25
herein.
rooting mainwnwce, etc.
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13. SAFETY
13.1 The CONTRACTOR shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
work. The CONTRACTOR shall comply with the rules and regulations of
the Florida Department of Commerce regarding industrial safety (Florida
Statutes Section 440.56) and with the standards set forth in the
Occupational Safety and Health Act of 1970 (OSHA) and their
amendments.
13.2 The CONTRACTOR shall take all reasonable precautions for the safety of
and shall provide all reasonable protection to prevent damage, injury or
loss to:
(a) All employees on the work site and all other persons who
may be affected thereby.
(b) The work and all materials and equipment incorporated
therein.
(c) Other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, structures and
utilities not designated for removal, relocation or
replacement in the course of the work.
14. CLEANING.. UP
14.1 CONTRACTOR shall keep the premises free from accumulation of waste
material or rubbish caused by his operations. At the completion of the
work, CONTRACTOR shall remove all waste materials and rubbish from
about the work areas as well as all tools, equipment, machinery and
surplus materials and provide final cleaning and return the space to a
condition suitable for use by CITY.
15. SURVIVAL OF OBLIGATIONS
15.1 All representations, indemnifications, warranties and guarantees made in,
required by, or given in accordance with this Agreement, as well as all
continuing obligations shall survive final payment, completion and
acceptance of the work and termination or completion of the Agreement.
16.1 CONTRACTOR shall secure and pay for all permits and fees, licenses and
charges necessary for the proper execution and completion of the work.
The costs of all permits, fees, licenses and charges shall be included in any
rooft maintenance, etc.
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Zi
price proposal except where expressly noted in the specification
requirements.
16.2 CONTRACTOR shall use his best efforts to obtain all the necessary
permits as soon as possible after the Notice to Proceed is issued. Any
delays in obtaining permits must be brought to the attention of the
Purchasing Administrator without delay.
17. AU121T RIGHTS
17.1 CITY reserves the right to audit the records of CONTRACTOR at any
time during the performance and term of this Agreement and for a period
of three (3) years after completion and acceptance by CITY. If required
by CITY, CONTRACTOR agrees to submit to an audit by an independent
certified public accountant selected by CITY. CONTRACTOR shall
allow CITY to inspect, examine and review the records of
CONTRACTOR at any and all times during normal business hours during
the term of the Agreement.
18. INDEPENDENT CONTRACTOR STATUS
18.1 CONTRACTOR and its employees, volunteers and agents shall be and
remain an independent contractors and not agents or employees of CITY
with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking or venture between the parties hereto.
19. A,SSIC MENT
19.1 CONTRACTOR shall not assign, or transfer its rights, title or interests in
the Agreement nor shall CONTRACTOR delegate any of the duties and
obligations undertaken by CONTRACTOR without CITY'S prior written
approval.
19.2 Violation of the terms of this Section shall constitute a breach of this
Agreement by CONTRACTOR and CITY may, at its discretion, cancel
the Contract and all rights, title and interest of CONTRACTOR shall
thereupon cease and terminate.
20. NQN EXCLUIVITY
20.1 This Agreement is considered a non-exclusive Agreement between the
parties. The CITY shall have the right to purchase the same services to be
provided by CONTRACTOR hereunder from other sources during the
term of this Agreement.
roofft meunienwee, etc.
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21. GOVERNING LAW: VENUE
21.1 The validity, construction and effect of this Agreement shall be governed
by the laws of the State of Florida.
21.2 Any claim, objection or dispute arising out of the terms of this Agreement
shall be litigated in the Seventeenth Judicial Circuit in and for Broward
County, Florida.
22. ENTIRE AGREEMENT
22.1 This Agreement contains the entire understanding of the parties relating to
the subject matter hereof superseding all prior communications between
the parties whether oral or written. This Agreement may not be altered,
amended, modified or otherwise changed nor may any of the terms hereof
be waived, except by a written instrument executed by both parties. The
failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be
construed as a waiver or relinquishment for the future of any covenant,
term, condition or election but the same shall continue and remain in full
force and effect.
RIMENTUT 3 M
23.1 The remedies expressly provided in this Agreement to CITY shall not be
deemed to be exclusive but shall be cumulative and in addition to all other
remedies in favor of CITY now or hereafter existing at law or in equity.
24. SEVER.AB LI ITY
24.1 Should any part, term or provision of this Agreement be by the courts
decided to be invalid, illegal or in conflict with any law of this State, the
validity of the remaining portions or provisions shall not be affected
thereby.
25. NOTIUS
25.01 All notices and other communications required or permitted under
this Agreement shall be in writing and given by:
25.02 hand delivery
25.03 registered or certified mail, return receipt requested;
25.04 overnight courier, or
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25.05 facsimile to:
CITY: Angelo Salomon, Purchasing Administrator
City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
Telephone: (954) 344-1100
Facsimile: (954) 344-1186
CONTRACTOR: Michael J. 7acobazzi, President
Roof Doctors — South Florida, Inc
11820 NW 41st Street
Coral Springs, Florida 33065
Telephone: (954) 784-7663
Facsimile: (954) 786-9357
25.06 or to such other address as any party may designate by notice
complying with the terms of this Section. Each such notice shall be
deemed delivered:
25,06.1 on the date delivered if by personal delivery or overnight
courier,
25.06.2 on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed;
and
25.06.3 on the date of transmission with confirmed answer back if
by fax.
26.1 During the performance of this Agreement, the CONTRACTOR shall not
discriminate against any employee or applicant for employment because
of race, religion, color, sex or national origin. The CONTRACTOR will
take affirmative action to ensure that employees are treated during
employment, without regard to their race, creed, color, or national origin.
Such action must include, but not be limited to, the following:
employment, upgrading; 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 shall agree to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination
clause.
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611
27. PERFORMANCE MEASURES The CONTRACTOWs performance shall be
evaluated based upon the following:
27.1 Performance and completion of the work within tale time frame agreed to
by the parties for designated projects.
27.2 Percentage of work completed on time and within budget for the
designated project.
27.3 When requested to submit proposals for designated projects, the
percentage of proposals submitted on or before the due date; this includes
the completions of all required inspections and diagnosis being fully
completed prior to the submission of a proposal for a designated project.
27.4 Percentage of response times within required timeframes for emergency
call outs, when required.
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rooting maintenance, etc.
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IN WITNESS WHEREOF, CITY OF CORAL SPRINGS, FLORIDA and ROOF
DOCTORS — SOUTH FLORIDA, INC., have executed this Agreement the day and year
first above written.
CITY OF CORAL SPRINGS, FLORIDA
Scott J. Brook,Miyor
APPROVED AS TO FORM:
%RhGco- �dering
ham,
City Attorney
State of Florida
County of Broward
The foregoing instrument was acknowledged before me, the undersigned Notary
Public in and for the State of Florida, on this, the day of
2007, by Peter M.J. Richardson, CRM, and Scott J. Brook, City C k and Mayor,
respectively.
NOTARY PUBLIC
SEAL OF OFFICE
Fy-4;-R
ryPublic Stills 'ifGh 1. K,
:mm� M Y 'rs5nm QCd7477
roofing maintenance, ate.
Roof Doctors -- south Florida, lnc
dos: 85134 (file 2007-170)
ti
Ae= 1� Aa—
tary Publ1c, St a of Flohida
Printed, typed or stamped name of Notary
Public exactly as commissioned.
Individuals who signed are Personally
known to me
Page 15 of 16
ROOF DOCTORS SOUTH FLORIDA, INC.
Sign Name: Z�='
PrintName:it-
State of orida
County of
On this, the .,5f day of MALI 2007, before me, the
undersigned Notary Public of the State of " .t •► the foregoing instrument
was acknowledged by U^c.ab�Z9 (name of corporate officer),
rtis- (title), ofv$ Dv - �rl (name of corporation), a
(state of corporation) corporation, on behalf of the corporation.
WITNESS my hand
and official seal.
Name of Notary Pub c fprint. stamp or type
as commissioned)
Notary "Ic " State of Flottaa 1
OnBOOMW21.2008
m 320265
6ondod By Ndo� tJoRrgll Pssn
(Personally known to me, or
❑ Produced identification:
(type of identification produced)
roofing maintenance, etc.
Roof Doctors -- South Florida, Inc
doc, 85134 (file 2007-170)
Pegs 16 of 16
Fax:9543441186 Oct 8 2007 Od:59pa P003/003
Exhibit "A"
Vendor
Roof Doctors — South Florida, Inc
Contact
Michael J. Jacobazzi
Phone #
954 784-7663
Description
Cost Per Hour
Hourly labor cost during regular
$68.75
business hours (Monday thru Friday
from 8:00 a.m. to 5:00 .m.
Hourly labor cost for other than regular
$93.75
business hours, holidays, and
weekends
Percentage markup above contractor's
20%
cost of materials. (Contractor to provide
the documentation of costs upon
re uest .
roofing maintenance, etc.
Roof Doctors — South Florida, Inc
doe: 83134 (file 2007.170)
Exhibit -A"
CITY OF J5hWLCS Z)AW FLORIDA.:
Our Mission Statement
To be the nation's premier community in which to
live, work, and raise a family.
i iEThrAkTJ"rAr iC"%'(D.T/Td"17Vr%L7DA"a'r1.ilVh77r
DATE: JANUARY 2, 2007 RFP NO
REQUEST FOR PROPOSALS
ALL INTERESTED PARTIES:
PURCHASING DWISION
9551 WEST SAMPLE ROAD
CORAL SPRINGS, FL 33065
TELEPHONE: (954) A44-1100
FAX. (954) 344.1.18
.CDratsprings.o
07-C-071
The City of Coral Springs, Florida, hereinafter referred to as CITY, will receive sealed
Proposals at the office of the Purchasing Administrator, City Hall, 9551 West Sample
Road, Coral Springs, Florida 33065, for furnishing the services described below:
ROOF MAINTENANCE REPAIR REPLACEMENT & RELATED SERVICES
Sealed Proposals must be received and time stamped in by the Purchasing Administrator,
either by mail or hand delivery, no later than 2:00 p.m. local time on Wednesday, January
31, 2007. A public opening will take place at or before 2:15 p.m. in the City Commission
Chambers located at City Hall on the same date. Any Proposals received after 2:00 p.m.
local time on said date will not be accepted under any circumstances. Any uncertainty
regarding the time a Proposal is received will be resolved against the Offeror.
Proposals are subject to the attached Standard Terms and Conditions contained in the
Instructions to Offerors.
CITY reserves the right to reject any or all Proposals, to waive any informalities or
irregularities in any Proposals received, to re -advertise for Proposals, to award in whole
or in part to one or more offeror's, or take any other such actions that may be deemed to
be in the best interests of the CITY.
Roxanne Sookdeo
Purchasing Agent 11
Page 1 of 6
I. PRE -PROPOSAL CONFERENCE
A Pre -Proposal Conference will be held on Wednesday, January 17, 2007, at 10:00 a.m. in the
City Commission Chambers of City Hall, 9551 West Sample Road, Coral Springs, Florida
33065. The purpose of the Pre -Proposal Conference is to discuss the contents of this Request for
Proposal and Offeror's inquiries.
II. STATEMENT OF THE WORK
A. Objective:
Secure a qualified contractor(s) with the necessary experience, qualifications and
personnel, for a multi -year contract to provide roofing maintenance, repair, replacement
and related services on an "as needed" basis for the City of Coral Springs.
B. Services Required by the City:
Inspect roofs and diagnose problems and provide suggestions and feedback as
required for repair or replacement.
Provide proposals with projected date of completion as needed or as emergency
situations warrant.
■ Recommend and design replacements as needed.
III. SCOPE OF SERVICES
The City of Coral Springs has various buildings that may require repair or other related roofing
services on an "as needed" basis.
The City's annual estimated expenditure for Fiscal Year 2007 is $150,000.
The City reserves the right to solicit proposals from the open market for projects with projected
costs of $20,000 or more.
A list of the City's buildings and locations is provided in "Attachment A".
Contractor Requirements:
The contractor shall provide all labor, materials, supplies, equipment, transportation, shop
facilities, and any other requirement necessary to inspect and perform the required work.
State Licenses
The Contractor shall possess a State of Florida license as regulated by the Florida Construction
Licensing Board.
Contractor Personnel
Page 2 of 6
All contractor personnel working on City -owned buildings shall be fully qualified and licensed
to perform the work assigned and shall be supervised by the Contractor or a licensed
representative.
IV. PROPOSAL REQUIREMENTS
Scope of Services Proposed
Clearly describe the scope of services available. Include details of your approach. A brief
statement must be included which explains why your approach would be most effective
and beneficial to the City of Coral Springs. Proposers should address, as a minimum, the
following list of items in this section:
■ What is your response time for services during regular business hours (Monda)-
Friday, 8:00 a.m. to 5:00 p.m.), weekends, holidays, emergencies? Can you
provide proof of these capabilities?
Do you have any performance measures that guarantees your firm's quality of
work built into any of your service contracts with any commercial or municipal
clients? Would you be willing to include these performance measures as part of
a contract with the City?
2. Firm Qualifications
This section of the proposal should give a description of the firm, including the size,
range of services, etc. Particular emphasis should be given as to how the firm -wide
experience and expertise in the area of roof repair and replacement will be brought to
bear on the proposed work.
This section must also identify the contact person supervisory personnel who will be
working with the City. Resumes of each person should be provided with emphasis being
given to their experience providing similar services. If resumes are not available at the
time the proposal is submitted, you should provide a listing of the qualifications,
including education, experience and applicable certifications and licenses.
Proposers should address the following items in this section:
■ Describe your experience servicing commercial and/or municipal facilities and
clients.
■ Discuss your firm's capabilities relating to roofing services.
References
Provide a list and description of similar services satisfactorily performed within the past
two (2) years. For each engagement listed, include the name and telephone number of a
representative for whom the engagement was undertaken who can verify satisfactory
performance.
4. Price Proposal
Page 3 of 6
Submit your signed, firm, fixed fee performance -based price proposal for providing all
services, materials, etc., required for completion of services in accordance with your
technical proposal.
5. Proposal Copies
Submission of four (4) copies of the proposal should be submitted to the City of Coral
Springs, City Hall, 9551 West Sample Road, Coral Springs, Florida 33065, to the
attention of Roxanne Sookdeo, Purchasing Agent II.
6. Addenda Additional Information — Contact with City Staff
Any addenda or answers to written questions supplied by the City to participating
Offeror's become part of this Request for Proposal and the resulting contract. This
proposal form shall be signed by an authorized company representative, dated and
returned with the proposal.
No negotiations, decisions or actions shall be initiated or executed by the Offeror as a result
of any discussions with any City employee. Only those communications, which are in
writing from the Purchasing Administrator, may be considered as a duly authorized
expression. Also, only communications from Offerors that are signed and in writing will be
recognized by the City as duly authorized expressions on behalf of the Offeror.
V. EVALUATION OF PROPOSALS
Evaluation Method and Criteria
Proposals will be evaluated in accordance with weighted criteria listed below:
POINT RANGE
Firm Qualifications 40
References 30
Cost of Services 30
100
These weighted criteria are provided to assist the proposers in the allocation of their time and
efforts during the submission process. The criteria also guides the Evaluation Committee during
the short -listing and final ranking of proposers by establishing a general frame work for those
deliberations.
Short listed proposals will be selected for an interview prior to a recommendation being
presented to the City Commission. As the best interest of the CITY may require, the right is
reserved to reject any and all proposals or waive any minor irregularity or technicality in
proposals received. Proposers are cautioned to make no assumptions unless their proposal has
been evaluated as being responsive.
Page 4 of 6
The successful proposer shall be required to execute a City contract covering the scope of
services to be provided and setting fourth the duties, rights and responsibilities of the parties.
This contract must be executed by the successful proposer prior to recommendation of award and
presentation to the City Commission.
VI. SCHEDULE OF EVENTS
The schedule of events, relative to the procurement shall be as follows:
Fvpnt
Date (on or by)
I. Issuance of Request for Proposals
1/2/07
2. Pre -Proposal Conference
1/17/07
3. Opening of Proposals
1/31/07
4. Proposal Evaluations
2/5/07-2/14/07
5. Contract Negotiations
2/15/07-3/2/07
6. Award of Contract
3/20/07
CITY reserves the right to delay scheduled dates.
VII. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS
Samples of the following documents (except the Certificate of Insurance), are attached
and shall be executed as a condition to this offer:
(a) Proposal and Offeror's Certification
(b) Certified Resolution
(c) Qualifications Statement
(d) Non -Collusive Affidavit
(e) Offeror's Foreign (Non -Florida) Corporate Statement
(D References
(g) Certificate(s) of Insurance if required by the Special Conditions to the Instructions
to Offerors.
VIII. AWARD OF CONTRACT
The contract or contracts shall be awarded to the responsible Offeror(s) whose
Proposal(s) is/are determined to be the most advantageous to CITY, taking into
consideration the evaluation factors and criteria set forth in the Request for Proposals.
Be advised that the CITY is prepared to award individual contracts for each service or
multiple services or any other combination of services as CITY deems in its best
interests.
DL INSURANCE
PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW
ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING
Page 5 of 6
YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE
REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS.
Page 6 of 6
RFP NO.: 07-C-071
ROOF MAINTENANCE, REPAIR, REPLACEMENT
& RELATED SERVICES
INSTRUCTIONS TO OFFERORS
STANDARD TERMS AND CONDITIONS
1. DEFINED TERMS
1.1 Terms used in these Instructions to Offerors are defined and have the meaning assigned to
them. The term "Offeror" means one who submits a Proposal directly to CITY as distinct
from a Sub -Offeror, who submits a Proposal to the Offeror. The term "Successful Offeror"
means the qualified, responsible and responsive Offeror to whom CITY (on the basis of
CITY'S evaluation as hereinafter provided) makes an award. The term "CITY" refers to
the City of Coral Springs, a municipal corporation of the State of Florida. The term
"Proposal Documents" includes the Request for Proposals, Instructions to Offerors,
Proposal, Qualifications Statement, Non -Collusive Affidavit, Corporate Resolution or
Letter of Transmittal, Proposal Security and Specifications, if any, and the proposed
Contract Documents, if any, (including all Addenda issued prior to receipt of Proposals).
The term "CONTRACTOR" shall mean the individual(s) or firm(s) to whom the award is
made and who executes the Contract Documents.
2. SPECIAL CONDITIONS
2.1 Any and all Special Conditions that may vary from the General Conditions shall have
precedence.
3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
3.1 Before submitting a Proposal, each Offeror must (a) consider federal, state and local laws,
ordinances, rules and regulations that may in any manner affect cost, or performance of the
work, (b) study and carefully correlate the Offeror's observations with the Proposal
Documents; and (c) notify the Purchasing Administrator of all conflicts, errors and
discrepancies, if any, in the Proposal Documents.
3.2 The Offeror, by and through the submission of a Proposal, agrees that he shall be held
responsible for having familiarized himself with the nature and extent of the work and any
local conditions that may affect the work to be done and the equipment, materials, parts
and labor required.
4. SPECIFICATIONS
Page 1 of 13
4.1 The apparent silence of the Specifications as to any detail, or the apparent omission from it
of a detailed description concerning any point, shall be regarded as meaning that only the
best commercial practice is to prevail and that only material and workmanship of the finest
quality are to be used. All interpretations of the Specifications shall be made on the basis of
this statement.
4.2 For the purpose of evaluation, the Offeror must indicate any variance or exceptions to the
stated Specifications, no matter how slight. Deviations should be explained in detail.
Absence of variations and/or corrections will be interpreted to mean that the Offeror meets
all the Specifications in every respect.
4.3 Any manufacturers' names, trade names, brand names, information and/or catalog numbers
used herein are for the purpose of describing and establishing a general standard of quality,
performance and characteristics and are not intended to limit or restrict competition. The
Offeror may offer any brand that meets or exceeds the specifications for any item(s). If a
Proposal is based on equivalent products, indicate on the Proposal the manufacturer's name
and catalog number. Offeror shall submit with his Proposal complete, descriptive literature
and/or specifications. The Offeror should also explain in detail the reason(s) why and
submit proof that the proposed equivalent will meet the specifications and not be
considered an exception thereto. The determination of equivalency shall rest solely with the
CITY. If Offeror fails to name a substitute, it will be assumed that he is bidding on and he
will be required to furnish goods identical to Proposal standards.
5. INTERPRETATIONS AND ADDENDA
5.1 If the Offeror should be in doubt as to the meaning of any of the Proposal Documents, is of
the opinion that the Conditions and Specifications contain errors or contradictions or reflect
omissions, or has any question concerning the conditions and specifications, he shall submit
a written request directed to the Purchasing Administrator for interpretation or clarification.
Such request must reference the date of Proposal opening and Proposal number and
should be received by the Purchasing Administrator at least ten (10) calendar days before
the date of the formal opening of the Proposals. Questions received less than ten (1.0)
calendar days prior to the Proposal opening shall not be answered. Interpretations or
clarifications in response to such questions will be issued in the form of written addenda and
shall be mailed to all parties recorded by CITY'S Purchasing Administrator as having
received the Proposal Documents. The issuance of a written addendum shall be the only
official method whereby such an interpretation or clarification will be made.
6. PRICES PROPOSED
Page 2 of 13
6.1 Prices shall be shown in both unit amounts and extensions whenever applicable. In the
event of discrepancies existing between unit amounts and extensions or totals, unit amounts
shall govern.
6.2 All prices and costs shall remain firm and fixed for acceptance for nine 90 calendar
days after the day of the Proposal opening.
6.3 The Proposal Price shall include all permit fees, royalties, license fees and other costs
arising from the use by such design and/or materials in any way involved in the work as well
as all costs of packaging, transporting and delivery to the designated location within the City
of Coral Springs.
7. NON -COLLUSIVE AFFIDAVIT
7.1 Each Offeror shall complete the Non -Collusive Affidavit Form and shall submit the form
with the Proposal. CITY considers the failure of the Offeror to submit this document to be
a major irregularity and may be cause for rejection of the Proposal.
8. PUBLIC ENTITY CRIMES INFORMATION STATEMENT
8.1 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
9. OCCUPATIONAL HEALTH AND SAFETY
9.1 In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section
3817-41.03 of the Florida Administrative Code delivered as a result of this Proposal must
be accompanied by a Material Safety Data Sheet (MSDS) and may be obtained from the
manufacturer. The MSDS must include the following information:
9.1.1 The chemical name and the common name of the toxic substance.
9.1.2 The hazards or other risks in the use of the toxic substance, including:
(a) The potential for fire, explosion, corrosivity and reactivity;
(b) The known acute and chronic health effects of risks from exposure, including
Page 3 of 13
the medical conditions which are generally recognized as being aggravated by
exposure to the toxic substance; and
(c) The primary routes of entry and symptoms of overexposure.
9.1.3 The proper precautions, handling practices, necessary personal protective
equipment, and other safety precautions in the use of exposure to the toxic
substances, including appropriate emergency treatment in case of exposure.
9.1.4 The emergency procedure for spills, fire, disposal and first aid.
9.1.5 A description in lay terms of the known specific potential health risks posed by the
toxic substance intended to alert any person reading this information.
9.1.6 The year and month, if available, that the information was compiled and the name,
address and emergency telephone number of the manufacturer responsible for
preparing the information.
9.2 Bidder warrants that the commodities supplied to CITY shall conform in all aspects to the
standards set forth in the Occupational Safety and Health Act of 1970, as amended and the
failure to comply with this condition will be considered a breach of contract.
10. CONFLICT OF INTEREST
10.1 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida
Statutes. Offerors must disclose with their Proposal the name of any officer, director,
partner, proprietor, associate or agent who is also an officer or employee of CITY or any
of its agencies. Further, all Offerors must disclose the name of any officer or employee of
CITY who owns, directly or indirectly, an interest of five percent (5%) or more in the
Offeror's firm or any of its branches or affiliate companies.
11. PROPOSAL SECURITY PAYMENT AND PERFORMANCE BONDS INSURANCE
11.1 Proposal security and proof of insurance, when required by the Special Conditions, shall be
submitted with the proposal as specified in the Special Conditions. After acceptance of
the proposal, the Successful Offeror, when required by the Special Conditions, shall submit
payment and/or performance bonds, certificated and/or policies of insurance in the manner,
form and amount(s) specified in the Special Conditions.
12. SUBMISSION OF PROPOSAL
12.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All
corrections to prices made by the Offeror must be initialed.
12.2 Proposals must contain a manual signature of the authorized representative of the Offeror.
Proposals shall contain an acknowledgment of receipt of all Addenda. The address and
Page 4 of 13
telephone number for communications regarding the Proposal must be shown.
12.3 Proposals by corporations must be executed in the corporate name by the President or
other corporate officer accompanied by evidence of authority to sign. The corporate
address and state of incorporation must be shown below the signature.
12.4 Proposals by partnerships must be executed in the partnership name and signed by a
partner, whose title must appear under the signature and the official address of the
partnership must be shown below the signature.
12.5 Proposals shall be submitted at or before the time and at the place indicated in the Request
for Proposals and shall be submitted in a sealed envelope faxed proposals _ osals will not be
accepted under any circumstances . The envelope shall be clearly marked on the exterior
"PROPOSAL FOR ROOF MAINTENANCE, REPAIR, REPLACEMENT &
RELATED SERVICES THE CITY OF CORAL SPRINGS, FLORIDA," and shall state
the name and address of the Offeror and shall be accompanied by any other required
documents. No responsibility will attach to the Purchasing Office for the premature
opening of a Proposal not properly addressed and identified.
12.6 In accordance with Chapter 119 of the Florida Statutes (Public Records Law), and except
as may be provided by other applicable state and federal law, the Request for Proposal
and the responses thereto are in the public domain. However, the Offerors are requested
to identify specifically any information contained in their Proposals which they consider
confidential and/or proprietary and which they believe to be exempt from disclosure, citing
specifically the applicable exempting law.
12.7 All Proposals received from Offerors in response to the Request for Proposal will become
the property of CITY and will not be returned to the Offerors. In the event of Contract
award, all documentation produced as part of the Contract shall become the exclusive
property of CITY.
13. MODIFICATION AND WITHDRAWAL OF PROPOSALS
13.1 Proposals may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Proposal must be executed) and delivered to the place where Proposals
are to be submitted at any time prior to the deadline for submitting Proposals. A request
for withdrawal or a modification must be in writing and signed by a person duly authorized
to do so. Evidence of such authority must accompany the request for withdrawal or
modification. Withdrawal of a Proposal will not prejudice the rights of an Offeror to submit
a new Proposal prior to the Proposal opening date and time. After expiration of the period
for receiving Proposals, no Proposal may be withdrawn or modified.
Page 5 of 13
13.2 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly
signed, written notice with CITY and within five (5) calendar days thereafter demonstrates
to the reasonable satisfaction of CITY by clear and convincing evidence there was a
material and substantial mistake in the preparation of its Proposal, or that the mistake is
clearly evident on the face of the Proposal but the intended correct Proposal is not similarly
evident, then Offeror may withdraw its Proposal and the Bid Security will be returned.
Thereafter, the Offeror will be disqualified from further bidding on the subject Contract.
14, REJECTION OF PROPOSALS
14.1 To the extent pennitted by applicable state and federal laws and regulations, CITY
reserves the right to reject any and all Proposals, to waive any and all informalities not
involving price, time or changes in the work with the Successful Offeror, and the right to
disregard all nonconforming, non -responsive, unbalanced or conditional Proposals.
Proposal will be considered irregular and may be rejected, if they show serious omissions,
alterations in form, additions not called for, conditions or unauthorized alterations, or
irregularities of any kind.
14.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it would
not be in the best interest of the CITY to make an award to that Offeror, whether because
the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or
fails to meet any other pertinent standard or criteria established by CITY.
SPECIAL CONDITIONS TO INSTRUCTIONS TO OFFERORS
15. QUALIFICATIONS OF OFFERORS
15.1 Each Offeror should complete the Qualifications Statement and submit the same with his
Proposal. Failure to submit the Qualifications Statement and the documents required
thereunder with the Proposal may constitute grounds for rejection of the Proposal.
15.2 As a part of the proposal evaluation process, City may conduct a background investigation,
including a record check by the Coral Springs Police Department of offeror. Offeror's
submission of a proposal constitutes acknowledgment of the process and consent to such
investigation.
15.3 No proposal shall be accepted from, nor will any contract be awarded to, any person, who
is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or
otherwise, upon any obligation to CITY, or who is deemed irresponsible for unreliable by
CITY.
Page 6 of 13
16. ENVIRONMENTAL REGULATIONS
16.1 City reserves the right to consider Offeror's history of citations and/or violations of
environmental regulations in determining an Offeror's responsibility, and further reserves the
right to declare an Offeror not responsible if the history of violations warrant such
determination. Offeror shall submit with the Proposal a complete history of all citations
and/or violations, notices and dispositions thereof. The non -submission of any such
documentation shall be deemed to be an affirmation by the Offeror that there are no
citations or violations. Offeror shall notify City immediately of notices of any citation or
violation, which Offeror may receive after the Proposal opening date and during the time of
performance of any contract awarded to offerors.
17. INSURANCE
17.1 Offeror shall submit a certificate(s) of insurance evidencing the required insurance together
with the Proposal. Failure to do so may cause rejection of the Proposal.
17.2 Prior to Award and in any event prior to commencing work, the Successful Offeror
shall provide CITY with certified copies of all insurance policies providing coverage as
required by these Special Conditions.
17.3 The Successful Offeror shall secure and maintain, at its own expense, and keep in effect
during the full period of the contract a policy or policies of insurance, which must include
the following coverages and minimum limits of liability:
(a) Worker's Compensation and Employer's Liability Insurance for all employees
of the Successful Offeror engaged in work under the Contract in accordance with
the laws of the State of Florida. The Successful Offeror shall agree to be
responsible for the employment, control and conduct of its employees and for any
injury sustained by such employees in the course of their employment.
(b) Comprehensive General Liabilt Insurance with the following minimum limits of
liability:
$ 1,000,000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
Coverage shall specifically include the following minimum limits not less than those
required for Bodily Injury Liability and Property Damage:
Page 7 of 13
$ 1,000,000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
(1) Premises and Operations;
(2) Independent Contractors;
(3) Products and Completed Operations;
(4) Broad Form Property Damage;
(5) Broad Form Contractual Coverage applicable to the Contract and.
specifically confirming the indemnification and hold harmless agreement in
the Contract;
(6) Personal Injury Coverage with employment and contractual exclusions
removed and deleted.
(c) Comprehensive Automobile LiabilL Insurance for all owned, non -owned and
hired automobiles and other vehicles used by Successful Offeror in the
performance of the work with the following minimum limits of liability:
$ 1,000,000 Combined Single Limit,
Bodily Injury and Property
Damage Liability per occurrence
17.4 ALL LIABILITY INSURANCE POLICIES SHALL SPECIFICALLY PROVIDE
THAT THE CITY OF CORAL SPRINGS IS AN ADDITIONAL NAMED INSURED
OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGES
AND THE OPERATIONS OF THE CONTRACTOR UNDER THE CONTRACT.
INSURANCE Companies selected must be acceptable to CITY. All of the policies of
insurance so required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially changed or
renewal refused until at least thirty (30) calendar days written notice has been given to
CITY by certified mail.
17.5 The required insurance coverage shall be issued by an insurance company duly authorized
and licensed to do business in the State of Florida with the following minimum qualifications
in accordance with the latest edition of A.M. Best's Insurance Guide:
Financial Stability B+ to A+
17.6 All required insurance policies shall preclude any underwriter's rights of recovery or
subrogation against CITY with the express intention of the parties being that the required
Page 8 of 13
insurance coverages protect both parties as the primary coverages for any and all losses
covered by the above described insurance.
17.7 The Successful Offeror shall ensure that any company issuing insurance to cover the
requirements contained in this Contract agrees that they shall have no recourse against
CITY for payment or assessments in any form on any policy of insurance.
17.8 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an
Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named
as an additional named insured shall not apply to CITY. CITY shall provide written notice
of occurrence within fifteen (1 S) working days of CITY'S actual notice of such an event.
17.9 The Successful Offeror shall not commence work under the Contract until after he has
obtained all of the minimum insurance herein described.
17.10 The Successful Offeror agrees to perform the work under the Contract as an independent
contractor, and not as a subcontractor, agent or employee of CITY.
17.11 Violation of the terms of this paragraph and its sub -parts shall constitute a breach of the
Contract and CITY, at its sole discretion, may cancel the Contract and all rights, title and
interest of the Successful Offeror shall thereupon cease and terminate.
18. INDEMNIFICATION
18.1 GENERAL INDEMNIFICATION: To the fullest extent permitted by laws and
regulations, Successful Offeror shall indemnify, defend, save and hold harmless the
CITY, its officers, agents and employees, harmless from any and all claims, damages,
losses, liabilities and expenses, direct, indirect or consequential arising out of or in
consequential arising out of or alleged to have arisen out of or in consequence of the
products, goods or services furnished by or operations of the Successful Offeror or his
subcontractors, agents, officers, employees or independent contractors pursuant to or in
the performance of the Contract.
18.2 The Successful Offeror shall pay all claims, losses, liens, settlements or judgments of any
nature whatsoever in connection with the foregoing indemnifications including, but not
limited to, reasonable attorney's fees (including appellate attorney's fees) and costs.
18.3 CITY reserves the right to select its own legal counsel to conduct any defense in any
such proceeding and all costs and fees associated therewith shall be the responsibility of
Successful Offeror under the indemnification agreement. Nothing contained herein is
intended nor shall it be construed to waive CITY's rights and immunities under the
common law or Florida Statute 768.28 as amended from time to time.
Page 9 of 13
19. RISK OF LOSS
19.1 The risk of loss, injury or destruction, regardless of the cause of the casualty, shall be
carried by Successful Offeror until the delivery and installation of the equipment to CITY's
premises, and inspection and acceptance of the equipment by CITY. Title to equipment
shall pass to CITY upon acceptance by CITY.
20. CONTRACT TIME
20.1 The work to be performed under the Contract shall be commenced upon issuance of
Purchase Order.
20.2 The number of days within which the work is to be completed is to be determined in
consecutive calendar days from the date of the commencement of the Contract on a project
by project basis.
20.3 By virtue of the submission of his Proposal, Offeror agrees and fully understands that the
completion time of the work of the Contract is an essential and material condition of the
Contract and that time is of the essence. The Successful Offeror agrees that all work shall
be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure
full completion thereof within the time specified. Failure to complete the work within the
time period specified shall be considered a default.
21. WARRANTIES
21.1 Warranty of Merchantabili : Successful Offeror warrants that all equipment and materials
to be supplied pursuant to the Agreement will be merchantable, of good quality and free
from defects, whether patent or latent in material or workmanship.
21.2 Warranty of Material and Workmanship: Successful Offeror warrants all material and
workmanship for a minimum of one 1 ear from date of completion and acceptance by
CITY. If within one 1 year after acceptance by CITY, or within such larger period of
time as may be prescribed by law any of the work is found to be defective or not in
accordance with the Contract documents, Successful Offeror shall promptly after receipt of
a written notice from CITY to do so, promptly correct the work unless CITY has
previously given Successful Offeror a written acceptance of such condition. This obligation
shall survive termination of the Contract.
21.3 Warranty of Title: Successful Offeror warrants that all materials delivered under the
contract shall be of new manufacture and that Successful Offeror possesses good and clear
title to said materials and there are no pending liens, claims or encumbrances whatsoever
against said materials.
Page 10 of 13
21 A Successful Offeror warrants that there has been no violation of copyrights, patent rights or
licensing agreements in connection with the work of the contract.
21.5 Successful Offeror warrants to CITY that the consummation of the work provided for in
the Contract documents will not result in the breach of any tern or provision of, or
constitute a default under any indenture, mortgage, contract, or agreement to which
Successful Offeror is a party.
21.6 Successful Offeror warrants to CITY that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration
or other legal or administrative proceedings or investigations of any kind which would have
an adverse effect on its ability to perform its obligations under the Contract.
21.7 Successful Offeror warrants to CITY that it will comply with all applicable federal, state
and local laws, regulations and orders in carrying out its obligations under the Contract.
21.8 All warranties made by Successful Offeror together with service warranties and guaranties
shall run to CITY and the successors and assigns of CITY.
22. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT
22.1 During the performance of the Contract, the Successful Offeror shall not discriminate
against any employee or applicant for employment because of race, religion, color, sex or
national origin. The Successful Offeror will take affirmative action to ensure that employees
are treated during employment, without regard to their race, creed, color, or national origin.
Such action must include, but not be limited to, the following: employment, upgrading;
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 Successful Offeror(s) shall agree to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
23. TAXES
23.1 Successful Offeror shall pay all applicable sales, consumer use and other similar taxes
required by law.
24. PERMITS, FEES AND NOTICES
24.1 Successful Offeror shall secure all permits and fees, licenses and charges necessary for the
proper execution and completion of the work. The costs of all permits, fees, licenses and
Page 11 of 13
charges shall be included in the price Proposal except where expressly noted in the
specifications requirement.
24.2 Successful Offeror shall use his best efforts to obtain all the necessary permits as soon as
possible after the Notice to Proceed is issued. Any delays in obtaining permits must be
brought to the attention of the Purchasing Administrator without delay.
25. TERMINATION FOR CAUSE AND DEFAULT
25.1 In the event Successful Offeror shall default in any of the terms, obligations, restrictions or
conditions in any of the Proposal documents, CITY shall give written notice by certified
mail, return receipt requested to Successful Offeror ofthe default and that such default shall
be corrected or actions taken to correct such default shall be commenced within three 3
calendar days thereof. In the event Successful Offeror has failed to correct the conditions
of default or the default is not remedied to the satisfaction and approval of CITY, CITY
shall have all legal remedies available to it, including, but not limited to termination of the
Contract in which case Successful Offeror shall be liable for all procurement and
reprocurement costs and any and all damages permitted by law arising from the default and
breach of the Contract.
26. TERMINATION FOR CONVENIENCE OF CITY
26.1 Upon seven (7) calendar days written notice delivered by certified mail, return receipt
requested, to Successful Offeror, CITY may without cause and without prejudice to any
other right or remedy, terminate the agreement for CITY's convenience whenever CITY
determines that such termination is in the best interests of CITY. Where the agreement is
terminated for the convenience of CITY, the notice of termination to Successful Offeror
must state that the Contract is being terminated for the convenience of CITY under the
termination clause and the extent of termination. Upon receipt of the notice of termination
for convenience, Successful Offeror shall promptly discontinue all work at the time and to
the extent indicated on the notice of termination, terminate all outstanding subcontractors
and purchase orders to the extent that they relate to the terminated portion of the Contract
and refrain from placing further orders and subcontracts except as they may be necessary,
and complete any continued portions of the work.
27. AUDIT RIGHTS
27.1 City reserves the right to audit the records of Successful Offeror at any time during the
performance and term of the Contract and for a period of three (3) years after completion
and acceptance by City. If required by City, Successful Offeror shall agree to submit to an
audit by an independent certified public accountant selected by City. Successful Offeror
shall allow City to inspect, examine and review the records of Successful Offeror at any
Page 12 of 13
and all times during normal business hours during the term of the contract.
28. DELAYS AND EXTENSIONS OF TIME
28.1 The Contract time may only be changed by a change order or a written amendment. Any
claims for an extension or shortening of Contract time shall be based upon written notice
delivered by the party making the claim to the other party not more than ten (10) calendar
days after the occurrence of the event giving rise to the claim and stating the general nature
of the claim otherwise it shall be waived.
28.2 No claim for damages or any claim other than an extension of time shall be made or
asserted against the CITY by reason of any delays.
29. ASSIGNMENT
29.1 Successful Offeror shall not assign, transfer or subject the Contract or its rights, title or
interests or obligations therein without CITY'S prior written approval.
29.2 Violation of the terms of this paragraph shall constitute a breach of the Contract by
Successful Offeror and CITY may, at its discretion, cancel the Contract and all rights, title
and interest of Successful Offeror shall thereupon cease and terminate.
30. GOVERNING LAWS: This RFP/Agreement shall be governed by and construed in accordance
with the laws of the State of Florida without regard to principles of conflicts of laws thereof.
31. VENUE: Any litigation arising out of this RFP/Agreement shall be brought in the Seventeenth
Judicial Circuit for Broward County, Florida.
Page 13 of 13
RFP NO.: 07-C-071
ROOF MAINTENANCE, REPAIR, REPLACEMENT
& RELATED SERVICES
ATTACHMENT "A"
BUILDINGS & LOCATIONS
This list is being provided for information only, to show the various City owned properties. No specific
price proposals are being requested at this time.
Facility
Address
Approximate
Roof Age
Roof Sq. Ft.
City Hall South
9530 West Sample Road
16 yrs
12,462
City Hall
9551 West Sample Road
14 yrs
34,964
Fire Station 97
6650 Universt Drive
Unknown
Unknown
Fire Station 42
6500 Parkside Dr.
Unknown
Unknown
Fire Station 43
4550 Rock Island Road
22 yrs
6,020
Fire Station 95
300 Coral Ride Dr
9 yrs
2,916
Fire Station 71
11800 NW 41 St
7 yrs
5,358
Fire Station 64
500 Ramblewood Dr
8 yrs
4,740
Public Safety Complex
2801 Coral Springs Dr
15 yrs
17,398
Fire Station 80
2801 Coral Springs Dr
15 yrs
5,671
Aquatics Complex
12441 Royal Palm Blvd
6 yrs
8,500
Tennis Center
2575 S orts lex Dr
8 yrs
5,500
Cypress Hammock Park
1300 Coralsprings Dr
13 yrs
1,602
Center for the Arts & Museum
2855 Coral Springs Dr
13 yrs
55,664
Mullins Little Lea e Bld 7
10000 NW 29 St
13 yrs
2,150
Mullins Soccer Blvd
10000 NW 29 St
28 yrs
1,500
Mullins Pool Bldg
10000 NW 29 St
4 yrs
2,295
Mullins Annex
10000 NW 29 St
I 1 yrs
1,988
Mullins Sartory Hall
10000 NW 29 St
30 yrs
8,372
Mullins Operations Blvd
10000 NW 29 St
6 yrs
4,056
Mullins Flag Football Blvd
10000 NW 29 St
28 yrs
600
Mullins Tackle Football Basketball
Blvd
10000 NW 29 St
9 yrs
2,215
Mullins Flag Football Concession
Bldg
10000 NW 29 St
4 yrs
1,000
Westside Compound (old half)
4181 NW 121 Ave
28 yrs
13,680
Westside Compound new
4181 NW 121 Ave
5 yrs
14,222
Westside Old Parks Blvd
4181 NW 121 Ave
30 yrs
3,325
Page 1 of 2
Facility
Address
Approximate
Roof Age
Roof Sq. Ft.
Gun Range
4200 NW 121 Ave
5 yrs
3,000
Utilities Operations Bldg
3800 NW 85 Ave
6 yrs
5,287
Water Plant
3800 NW 85 Ave
6 yrs
6,910
Charter School
Main Bldg
3205 N University Dr
6 yrs
119,000
qjLn�iurn
3205 N University Dr
5 mo
30,000
Mullins Gym
2501 Coral Springs Drive
3-5 yrs
20,000
Various Park Restrooms,
Pavilions and Concession
Buildings (approx. 30 separate
sites)
*This list is subject to change
Page 2 of 2
PROPOSAL FORM FOR ROOF MAINTENANCE, REPAIR, REPLACEMENT &
RELATED SERVICES
REQUEST FOR PROPOSAL NO. 07-C-071
SUBMITTED TO: City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an
Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal
and Contract Documents for the Contract price and within the Contract time indicated in the
Proposal and in accordance with the other terms and conditions of the Proposal and Contract
Documents.
2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and
conditions of the Request for Proposal and Instructions to Offerors.
The Offeror has become fully informed concerning the local conditions, and nature and extent of
work, and has examined all Contract Documents,
4. Offeror has given the Purchasing Agent written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract and/or Proposal documents and the written resolution
thereof by the Purchasing Agent is acceptable to Offeror.
Offeror proposes to furnish all labor, services, and supervision for the work describes as
follows:
ROOF MAINTENANCE, REPAIR, REPLACEMENT
& RELATED SERVICES
6. Offeror proposed pricing shall include all labor, materials, supplies, equipment, transportation,
shop facilities and any other requirement necessary to perform all required services. All costs to
inspect, diagnose, and propose shall be included.
The contract term shall be for two (2) years with two (2) additional two (2) year renewal
periods available.
Costs shall remain firm for the initial two (2) year contract term. Any requested cost increase
shall be fully documented and submitted in writing to the Purchasing Administrator at least ninety
(90) days prior to any contract renewal term. Any approved cost adjustments shall become
effective upon the renewal date of the contract.
Description I Cost
Page 1 of 7
7
8
6
Hourly labor cost during regular business /per hour
hours (Monday thru Friday from 8:00 a.m. to
5:00 .m.)
Hourly labor cost for other than regular /per hour
business hours, holidays, and weekends.
Percentage markup above contractor's cost %
of materials. (Contractor to provide the
documentation of costs upon request).
Acknowledgment is hereby made of the following Addenda (identified by number) received
since issuance of the Request for Proposal:
Addendum No.
Date
Addendum No.
Date
Addendum No.
Date
Offeror accepts the provisions of the Agreement as to liquidated damages in the event of failure
to complete the work on time.
The following documents are attached to and made as a condition to this Proposal:
(a) Proposal and Offeror's Certification
(b) Certified Resolution
(c) Qualifications Statement
(d) Non -Collusive Affidavit
(e) Offeror's Foreign (Non -Florida) Corporate Statement
(f) References
(g) Certificate(s) of Insurance if required by the Special Conditions to the Instructions to
Offerors.
10. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY
INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR
PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS
OF THE INSTRUCTIONS TO OFFERORS.
11. The CITY reserves the right to award this contract on the basis of any combination of the above
items, or all items, in which the CITY deems in its best interests.
12.
The correct legal name of Offeror is:
Address:
City/State/Zip:
Telephone No.:
Fax No.
Social Security No. or Federal I.D. No.:
13. Communications concerning this Proposal shall be addressed to
Page 2 of 7
Telephone No.:
Fax No.:
Submitted on
at the following address:
Page 3 of 7
OFFEROR'S CERTIFICATI
WHEN OFFEROR IS AN INDIVIDUAL
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of
,200 .
Witness
Witness
State of _
County of
By:
Signature of Individual
Printed Name of Individual
Business Address
City/State/Zip
Business Phone Number
The foregoing instrument was acknowledged before me this Day of ,200
_, by who is personally known to me or who has
produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 4 of 7
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS
OR TRADE NAME
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of
, 200_.
Witness
Witness
State of _
County of
Printed Name of Firm
By:
Signature of Owner
Printed Name of Individual
Business Address
City/State/Zip
Business Phone Number
The foregoing instrument was acknowledged before me this Day of , 200
_, by who is personally known to me or who has
produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 5 of 7
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS A PARTNERSHIP
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of
, 200_.
Witness
Witness
State of _
County of
Printed Name of Partnership
By:
Signature of General or Managing Partner
Printed Name of partner
Business Address
City/State/Zip
Business Phone Number
State of Registration
The foregoing instrument was acknowledged before me this Day of , 200 , by
(Name), (Title) of
(Name of Company) who is personally known to me or who
has produced as identification and who did (did not) take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 6 of 7
OFFEROR'S CERTIFICATION
WHEN OFFEROR IS A CORPORATION
IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day
of .200 .
(CORPORATE SEAL)
ATTEST:
Printed Name of Corporation
Printed State of incorporation
By:
Signature of President or other authorized officer
Printed Name of President or other authorized officer
Address of Corporation
Secretary City/State/Zip
Business Phone Number
State of
County of
The foregoing instrument was acknowledged before me this Day of , 200_, by
(Name), (Title) of
(Name of Company) on behalf of the corporation, who is
personally known to me or who has produced as identification and
who did (did not) take an oath.
WITNESS my hand and official seal.
NOTARY PUBLIC
(Name of Notary Public: Print, Stamp,
or type as Commissioned)
Page 7 of 7
CERTIFIED RESOLUTION
I, (Name), the duly elected Secretary of
(Corporate Title), a corporation organized and existing under the laws of the State of
, do hereby certify that the following Resolution was unanimously adopted and passed by a quorum
of the Board of Directors of the Said corporation at a meeting held in accordance with law and the by- laws of the
said corporation.
IT IS HEREBY RESOLVED THAT (Name) The duly elected
(Title of Officer) of (Corporate Title) be and is hereby
authorized to execute and submit a Bid and Bid Bond, if such bond is required, to the City of Coral Springs and
such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond,
and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds.
The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution.
The City of Coral Springs shall be fully protected in relying upon such certification of the secretary and shall be
indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or
growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so
certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded.
I further certify that the following are the name, titles and official signatures of those persons authorized to act by the
foregoing resolution.
NAME TITLE SIGNATURE
Given under my hand and the Seal of the said corporation this day of , 200_
(SEAL)
Secretary
Corporate Title
NOTE:
The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed
explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Coral Springs
that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation
to do so in its behalf.
State of
County of
that:
(1) He/she is the
NON -COLLUSIVE AFFIDAVIT
)ss.
Officer, Representative or Agent) of
Bidder that has submitted the attached Bid;
being first duly sworn, deposes and says
(Owner, Partner,
,the
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said. Bidder nor any of its officers, partners, owners, agents, representatives, employees
or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed,
directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in
connection with the Work for which the attached Bid has been submitted; or to refrain from bidding
in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or
collusion, or communication, or conference with any Bidder, firm, or person to fix the price or
prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of
the Bid price or the Bid price of any other Bidder, or to secure trough any collusion, conspiracy,
connivance, or unlawful agreement any advantage against (Recipient), or any person interested in
the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of
its agents, representatives, owners, employees or parties in interest, including this affiant.
Page 1 of 2
Signed, sealed and delivered
in the presence of
(Printed Name)
(Title)
ACKNOWLEDGEMENT
State of _
County of
The foregoing instrument was acknowledged before me this day of
200_, by , who is personally known to me or who has
produced
WITNESS my hand and official seal
NOTARY PUBLIC
(Name of Notary Public: Print,
Stamp, or Type as Commissioned.)
as identification and who did (did not) take an oath.
Page 2 of 2
-QUALIFICATION STATEMENT
The undersigned certifies under oath the truth and correctness of all statements and of all answers to
questions made hereinafter:
SUBMITTED TO:
ADDRESS:
SUBMITTED BY:
9/_ ►nW
/• ' ."-r
City of Coral Springs
(Purchasing Administrator)
9551 West Sample Road
Coral Springs, Florida 33065
OTD OT U nXTU
Corporation
Partnership
Individual
Other
TELEPHONE NO.
FAX NO.
E-MAIL ADDRESS:
1. State the true, exact, correct and complete name of the partnership, corporation, trade or
fictitious name under which you do business and the address of the place of business.
The correct name of the Offeror is:
The address of the principal place of business is:
2. If Offeror is a corporation, answer the following:
a.
b,
C.
d.
e.
Date of Incorporation:_
State of Incorporation:.
President's name:
Vice President's name:
Secretary's name:
Page 1 of 4
f. Treasurer's name:
g. Name and address of Resident Agent:
3. If Offeror is an individual or a partnership, answer the following:
a.
Date of organization:
b. Name, address and ownership units of all partners:
c
State whether general or limited partnership.
4. If Offeror is other than an individual, corporation or partnership, describe the organization and
give the name and address of principals:
5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida
Fictitious Name Statute.
6. How many years has your organization been in business under its present business name?
a. Under what other farmer names has your organization operated?
Page 2 of 4
T Indicate registration, license numbers or certificate numbers for the businesses or professions
that are the subject of this Proposal. Please attach certificate of competency and/or state
registration.
8. Have you personally inspected the site of the proposed work?
M - (N) —
9. Do you have a complete set of documents, including drawings and addenda?
(Y) — (N) —
10. Did you attend the Pre -Proposal Conference if any such conference was held?
M - (N) _...,
11. Have you ever failed to complete any work awarded to you? If so, state when, where and
why?
12. Within the last five (5) years, has any officer or partner of your organization ever been an officer
or partner of another organization when it failed to complete a contract? If so, explain fully.
13. List the pertinent experience of the key individuals of your organization (continue on insert sheet,
if necessary).
14. State the name of the individual who will have personal supervision of the work:
Page 3 of 4
THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE
INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS
STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE
CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE
TRUE. THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT
MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM
UNDER THE CONTRACT SHALL CAUSE THE OWNER TO REJECT THE
PROPOSAL, AND IF AFTER THE AWARD TO CANCEL AND TERMINATE THE
AWARD AND/OR CONTRACT.
Signature
State of _
County of
The foregoing instrument was acknowledged before me this day 200—by
who is personally known tome or who has produced
as identification and who did (did not) take an oath.
WITNESS my hand and official seal,
NOTARY PUBLIC
(NAME OF notary Public: Print,
Stamp, or type as Commissioned)
Page 4 of 4
FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM
DEPARTMENT OF STATE CORPORATE CHARTER NO.
If your corporation is exempt from the requirements of Section 607,1501, Florida Statutes, YOU MUSTCHECK BELOW the
reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (850) 245-6051 forassistance with
corporate registration or exemptions.
607.1501 Authority of foreign corporation to transact business required.
(1) A foreign corporation may not transact business in this state until it obtains a certificate of authority from the Department
of State.
(2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1):
(a) Maintaining, defending, or settling any proceeding.
(b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning
internal corporate affairs.
(c) Maintaining bank accounts.
(d) Maintaining officers or agencies for the transfer, exchange, and registration of the corporation's own
securities or maintaining trustees or depositaries with respect to those securities.
(e) Selling through independent contractors.
(f) Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if
the orders require acceptance outside this state before they become contracts.
(g) Creating or acquiring indebtedness, mortgages, and security interests in real or personal property.
(h) Securing or collecting debts or enforcing mortgages and security interests in property securing the
debts.
(i) Transacting business in interstate commerce.
(j) Conducting an isolated transaction that is completed within 30 days and that is not one in the course
of repeated transactions of a like nature.
(k) Owning and controlling a subsidiary corporation incorporated in or transacting business within this
state or voting the stock of any corporation which it has lawfully acquired.
(1) Owning a limited partnership interest in a limited partnership that is doing business within this state,
unless such limited partner manages or controls the partnership or exercises the powers and duties of a
general partner.
(m) Owning, without more, real or personal property.
(3) The list of activities in subsection (2) is not exhaustive.
(4) This section has no application to the question of whether any foreign corporation is subject to service of process and
suit in this state under any law of this state.
Please check one of the following if your firm is NOT a corporation:
(I) Partnership, Joint Venture, Estate or Trust
(II) Sole Proprietorship or Self -Employed
NOTE: This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or 11 above. If you do not check
I or II above, your firm will be considered a corporation and subject to all requirements listed herein.
BIDDER'S CORRECT LEGAL NAME
SIGNATURE OF AUTHORIZED AGENT OF BIDDER
REFERENCES
In order to receive Bid Award consideration on the proposed bid, it is a requirement that the following
"Information Sheet" be completed and returned with your bid. This information may be used in determining the
Bid Award for this contract.
BIDDER (COMPANY NAME):
ADDRESS:
TELEPHONE NO:_ ( )
CONTACT PERSON:
NUMBER OF YEARS IN BUSINESS:
ADDRESS OF NEAREST FACILITY:
TITLE:
LIST THREE (3) COMPANIES OR GOVERNMENTAL AGENCIES WHERE THESE SERVICES HAVE
BEEN PROVIDED 1N THE LAST YEAR:
COMPANY NAME:
ADDRESS:
TELEPHONE NO: ( )
CONTACT PERSON:
DATE SERVICE PROVIDED:
2. COMPANY NAME:
ADDRESS:
TELEPHONE NO: ( )
CONTACT PERSON:
DATE SERVICE PROVIDED:
3.
COMPANY NAME:
ADDRESS:
TELEPHONE NO:
CONTACT PERSON:
DATE SERVICE PROVIDED:
TITLE:
TITLE:
TITLE:
September 2, 2011
City of Tamarac Re:
752.5 NW 88°i Ave.
Tamarac, Florida 33321
Attn: Mr. Dave Moore/Mr. Jack Strain
954.597,3725 • Fax 954.597.3710
lqbcoou
AT THE TOP OF THE ROOFING PROFESSION
Commercial I Institutional I Residential
Roofing I Sheetmetal I PV Solar Contractors
City of Tamarac
City Hall Roof Replacement
Thank you for allowing Roof Doctors South Florida, Inc (RUSK') and its affiliate Rooting
Concepts Unlimited/Fl. Inc., ("RCU") the opportunity to inspect and quote on your roofing needs
at the above -specified location. We propose to furnish all labor, material and equipment
necessary to complete the roofing work as per the following specifications and accordance to the
terms and conditions of the City of Coral Springs Contract No. 07-C-071.
RooLTear Off
Deck Preparation:
Utilizing power brooms or roof vacttt1111, we shall remove all loose dirt, debris and gravel
from roof surface.
Power cut and remove all exiting built up roofing /metal flashings down to the top of the
existing lightweight insulating concrete or to a smooth workable substrate.
Lightweight concrete deck repair/replacement shall be performed if found necessary after
root' preparation for the stun of eight dollars ($8.00) per square foot.
All debris will be hauled away daily and disposed of at a legal dump site by Roofing
Concepts Unlimited/FL, Inc.
New Roofing S eci rcatiorrs:
So renaa SBS Modi red Bittrm a Roo S stem;
ApEroxiMale& 24,600 Square Feet- Cit I Hall:
Twenty (20 Year NDL Mann aeturers WarranI ;
l . Over existing lightweight concrete deck, we shall install one (1) ply of Soprema
Soprabase polyester base sliect properly anchored to deck using Twin Lock nails as
per local code.(NOA#10-0408.08)
2. Over base sheet, we shall install a base layer of Sopretmr Elastophene 180 Sanded
modified bitumen base sheet, mopping each sheet in place using hot type IV roofing
asphalt.
3. Install new lead sleeve flashings on all plumbing vent stack pipes.
4. Furnish and install all new four (4") inch perlite cant strip at parapet walls, roof curbs and
vertical transitions to provide the 45' degree angle required for base flashing.
FL STATE LIC.: ItCCC-036963 / #CGC-059557
A Roof Doctors South Florida Affiliated Company
THINK GREEN - GO SOLAR o;;, 1h::ho vr,
Attn: City of Tamarac- Purchasing
September 2, 2011
Page 2 of 5
RE. Complete Re -Roof@ City Hall
5. Over the Soprenra Elastoplrene 180 Sanded we shall then position the Soprema
Sopralene 250 GR FR starting at the low point of the roof mopping each sheet in place
using hot type IV roofing asphalt.
6. Provide and install new Soprenra Alsan flashing at all pipe /solar system support
penetrations and or irregular roof penetrations.
7. Flash all interior parapet walls to an 8" height above roof and up and over at perimeter
parapets, drains, penetrations and curbs watertight using Soprenra F,lastolMette 180
Scrolled atul 9oprenru Sopralene 250 GR modified bitumen membrane in strict
accordance to manufacturer specifications.
8. Provide and install a sacrificial layer of Soprenra Sopralene 250 GR under all solar
system ballast pans, pipe supports and lightning protection clamps to protest the new
surface membrane.
9. Provide and install new Miro CS-12 pipe supports to replace masonry blocks currently
being utilized.
Sheetnretal Fabricalloto I Itistallation:
Miscellaneous Itistallations:
I . Shop fabricate and install all new .032 Kynar coated aluminum surface mounted counter
flashing at all high walls and curbs. Counterflashing to be caulked watertight with
Vulkum #116.
2. Shop fabricate and install all new .032 Kynar coated aluminum coping cap (color to be
owner's choice from standard color chart) with .040 mil finished wind cleat to replace
existing.
3. Shop fabricate and install all new .032 Kynar coated aluminum overflow scuppers.
4. Shop fabricate and install all new 24-gauge galvanized line jacks/pipe chases to replace
existing.
S. Shop fabricate and install all new .032 Kynar coated aluminum overflow scuppers to
replace existing.
All of the above work as outlined will be completed in a first class workmanlike manner and to
meet or exceed current Florida Builcling Code.
Lightning Protection: The existing lightning protection system will be removed, stored,
reinstalled per UL 96 & UL 96A Standards for Lightning Protection Systems.
Exclusions: Painting of any kind, carpentry work including wood nailers or blocking if found
needed, air conditioner or mechanical work of any kind, electrical work, custom colors of sheet
metal components, asbestos or bonded pull tests, moisture surveys, bonds or any work not
specified in writing.
ualit Assurance: 1tDSF/Roofing Concepts Unlimited/Fl. Inc., (RCU) has only skilled roofing
mechanics, directed by a competent superintendent, with extensive experience and working
knowledge with the manufacturer's methods of installation under its employ.
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A Roof Doctors South N—do AfG6a)ed Compony I's h, OWY
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rI IINK GO, EN ••- cJc:) SOI.AR
Attn: City of Tamarac- purchasing
September 2, 2011
Page 3 of 5
RC: Coiinplere Re -Roof (i, City Nall
Starting Area: A staging area must be provided for our trucks/equipment during tile course of
roof project.
Fees and Permits: All permit fees are included in our contract price. Upon acceptance of
contract, please submit a legal description of your property and the tax folio number. This
information is located on your property tax bill.
Asbestos Containin Materials: This proposal is based on the assumption that the existing roof
does not contain asbestos or any material containing asbestos. RDSF/Roofing Concepts
Unlimited/Fl. Inc;, (RCU) is not engaged in the identification, abatement, encapsulation or
removal of asbestos or asbestos -containing materials and will not be responsible for asbestos
abatement or removal. in the event that asbestos or material containing asbestos is discovered
prior to or during the course of the work described in this proposal, RDSF/Roofing Concepts
Unlimited/Fl. Inc., (RCU) reserves the right to rescind this contract and receive payment for work
performed or suspend its work for a reasonable period of time while owner engages a firm
specializing in the removal and disposal of asbestos to remove the asbestos from the work site,
RDSF/Roofing Concepts Unlimited/Fl. Inc., (RCU) shall be entitled to reasonable compensation
for extra expenses incurred by contractor as a result of the presence of asbestos -containing
material at the work site. RDSF/Roofing Concepts Unlimited/Fl. inc., (RCU) shall be reimbursed
by owner for any costs that result from Federal, State, County or City pre job asbestos testing that
is required. RDSF/Roofing Concepts Unlimited/Fl. Inc., (RCU) is not responsible for any claims,
demands or damages arising out of the removal of asbestos from the work site and the owner, by
accepting this proposal, agrees to release contractor form any such claims, demands or damages.
The owner, in consideration of contractor performing the work in this contract, hereby agrees to
indemnify, defend and hold harmless RDSF/Roofing Concepts Unlimited/Fl. hle., (RCU) front
and against any and all liability, damages, losses, claims, demands, or lawsuits arising out of or
relating to the presence of asbestos or asbestos -containing material at the work site.
Pertnittin and Testin : Permitting and testing that is required to secure a roofing permit is
included in our bid proposal. The following tests will be completed in order to pull your permit.
• Engineered signed and sealed design wind pressure calculations.
• Metro Dade Product Approval NOA for tile proposed system.
• Roof Plan with elevation of deck and parapet walls.
• Perform fastener test procedure for field withdrawal resistance in accordance with Florida
Building Code 2004 Edition -Testing Application Standard TAS 105-95.1.
• Provide roof attachment and engineered fastening pattern in accordance with ASCE 7-02.
and Florida Building Code 2004 Edition Roof Application Standard RAS 117.
• Notice of Commencement filing with the county and fees before the start of the project.
Ceilin s: RDSF/Roofing Concepts Unlimited/FI. Inc., will not assume or accept any
responsibility or liability for darnaged stained ceilings, cracked or falling plaster, insulation,
acoustical tile caused before, during or after work is completed, nor for repainting or refinishing
of damaged areas.
Safe Policy; RDSF/Roofing Concepts Unlimited/FL. Inc. is a Drug and Alcohol Free
Workplace and practices on -going safety policies. All required OSHA perimeter warning
systems and ground barricades to protect pedestrians and building occupants will be utilized.
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A Roof Doctors South Florida Affrholed Company r�'cinr nary
Urtu.
THINK GRFFN ..... C:;O K)LAK
Attn: City of Tamarac- Purchasing
September 2, 2011
Page 4 of 5
RE: Complete i7e-Roof (q), City Hall
RDSF/Roofing Concepts Unlimited/FL, Inc, takes job safety Efrj seriously and abides by the
rules as set forth and enforced by local OSHA officials.
Clean Up: The grounds and common areas, including roof top debris of this project will be
promptly cleaned on a daily basis.
Required Roof WSlope: The existing roof slope is going to be utilized in the new roof application.
RDSF/ Roofing Concepts Unlimited/FI., Inc. assurnes no responsibility for, or liability arising
from, roofs not meeting minimum 1/4" in 12" slope as required by the Rorida Building Coele
and/or any other prevailing municipality, county or state requirements. There is no guarantee
against pending water.
Propertl Protection: It will be the responsibility of the city's project management team to
advise the building occupants as to the schedule of this project. RDSF and or Roofing Concepts
Unlimited/171,, Inc. shall provide city with a projected schedule. Each owner will be responsible
for moving their vehicles to another parking location or sheltered area. RDSF /Roofing Concepts
Unlimited/FL, Inc. assumes no responsibility whatsoever for damage to vehicles, shrubs, flower
beds, landscaping or the like, caused by airborne dust or small pieces of flying debris that may
not be possible to contain.
Included In. Our Price Are: Taxes, insurances, licenses, permit fees, pre job start videotaping of
all top floor units interiors and the entire building exterior to document pre-existing damages,
Insurance: We are fully covered by Workman's Compensation and Public Liability Insurance.
Unforeseen Conditions: This contract is based on visual conditions. Should unforeseen
conditions arise that could not be determined by visual inspection, such additional work shall be
performed on a time and material or firm basis, after owner or his agent has been notified of such.
The owner will be notified by Roof Doctors South Florida, tile. (RDSF) and/or Roofing Concepts
Unlimited/FI. tile., (RCU) if any unforeseen conditions arise.
Guarantee: Upon payment in full, Roof Doctors South Florida, Inc. (RDSF) and its affiliate
Roofing Concepts Unlimited/FI. Inc. shall guaranty the roof system against defects in
workmanship for a period of five (5) years and provide city with all additional twenty (20) year
Soprema manufacturer's NDL warranty.
Price: All of the work as outlined above will be completed for the Sum of Two Hundred Sixty -
Otte Tltousarul, Otte Hundred (S261,100.00) Dollars. Lump sum pricing is based on per square
foot basis of comparable project in size and scope for roof replacement of the City of Coral
Springs City Hall -North building under our annual contract No. 07-C-071,
Material Price Volatility: The roofing industry is currently experiencing rapidly escalating and
unpredictable prices for petroleum -based roofing products, steel and transportation costs. The
pricing of ►nany roofing products is currently subject to sudden and significant changes beyond
the control of roofing contractors. Because of the difficulty in obtaining firm prices for
petro I eurn -based, steel products or insulation from suppliers, Roof Doctors South Florida, Inc.
attd its affiliate Roofitrg Concepts U►rlinriled/Fl., Inc. cannot provide fixed, firm prices for these
�tive Ili
A Root Dodors South FI-ido Af ,holed Compony nt d,
THINK CpKFPM C;C) SOLAR
Attn: City of Tamarac- Purchasing
September 2, 2011
Page 5 of 5
RE: Complete Re -Roof (a; City Hall
products for roofing projects. If there is an increase in the price paid by Roof Doctors South
Florida, Inc. and or Roofing Coirceps OtUn dlLed/FI., Inc. for asphalt, polyisocyanurate, steel or
other materials, including transportation charges, the amount of this proposal/contract shall be
similarly increased to reflect and cover the increased costs to obtain the materials for your project
upon written documentation of the increased charges.
Payment Schedule: To be paid 30% deposit upon acceptance of contract, 30% upon 50%
completion, 30% upon 100% completion, 10% upon issuance of ►material supplier releases of lien,
manufacturer's warranty and final inspection from city inspectors.
Terms: Because we try always to be price competitive, our terms are net upon receipt of invoice.
All payments become past due ten (10) days from invoice date and will have a service charge of
1 1/2% per month (1 S% per year) added to the original purchase price. Customer is liable for all
attorney fees incurred by RDSf /RCU should it prevail in an action to collect any money due
hereunder.
'['his proposal and attached terms and conditions reads as a binding contract when both parties
have executed on the signature lines below. The attached additional Terms and Conditions are
incorporated herein by references as integral to this contract.
Your acceptance to this most valued contract, signed on the original and returned to this office,
Shall constitute a contract between us.
Accepted by: Date: Roof Doctors So FI Ufa, Inc
Roofing Conce ttlimtted/FL, Inc.
Michael Jacobazzi
President/CEO
Revised 10126/2011
Qyay. th� ROO5 1-1 LIP MPRA51.11.
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A Roof Dorton South Florido Afhhwed Company n•. rno o,.��
TKNK GR IN GO SOLAR
"Terms And Conditions
r ghct Revision
a. Guidelines: The project will be constructed in strict conformance to the plans and specifications which have been examined and approved by the Customer or its
a rchi tars/engineers,
b. Compliance: The project will be completed in strict compliance with all laws, ordinances, rules and regulations of the applicable governmental authority at the time the
proposal is given. If an applicable law or code changes, impacting the cast of the work, Customer will be responsible for all cost increases.
c. Control: The agreement, plans and specifications are intended to supplement each other, in case of conflict, the plans will control the specification and the Agreement
provisions will control both.
INITIALS
ll. Modal Rights And Responsibility:
a. Taxes, Assessments and Charges: Taxes, special assessments of all descriptions or charge as required by the permitting authority will be paid for by Customer exclusive
ofpermilting fees.
b. Change Orders: As directed by the customer, construction lender, public body or inspector, any alteration or deviation from the specifications that cause an increase in
the cost of the work shall be paid by the Customer.
c. Allowances: If the Agreement price includes allowances, and the actual cost of the item is greater or less than the allowance then the agreement price will be adjusted
accordingly.
d. Bankruptcy: If Customer becomes bankrupt or insolvent and is unable to make payments due under the agreement, RCU has the right to terminate this agreement in
addition to pursuing any and all remedies available to it.
INITIALS
I11. (MUTAStors Rights And RespQIIs-L49lt1VU
a. Delay: RCIJ will be excused for any and all delays beyond its reasonable control. These delays may include but are not limited to, acts of god, labor disputes, inclement
weather, acts of public authorities, acts of a customer or other unforeseen conditions.
b, Right to stop work: If any payment on this agreement is not made when due, RCU may suspend work on the job until such time as all payments due have been paid.
c. Substitution of Materials: RCU May substitute materials without notice to the (:'ustomer in order to allow work to proceed, provided that the substituted materials are
of mu lesser quality then those listed in the specifications.
INITIALS
1%: Completion of ProKgl
a. Notice: Client agrees to sign a Notice Of Completion within five (5) days after an approved final inspection of the project. If the project passes final inspection and the
client does not sign the notice, RCU may act as the client's agent and sign the notice.
INI'1'IAI,.S
l: C;eneral }'rovi ini
if, Attorney fees and interest: RCIJ is entitled to receive interest at the maximum allowed by Florida law (18%), court costs and attorneys fees incurred in collecting any
:unpunts not paid when due and with respect to any dispute arising from the Agreement.
I.l. Lin—litotions: No action relating to this project may be commenced by the custorner against RCU more than one (1) year after the completion of the work except as related
to any wrilicn guarantees or warranties.
c. Notice: Any notice required under this provision may be given by certified or registered mail at the addresses contained in the agreement.
d. Prohibition Of Assignment: The customer may not assign this contract or agreement without the written consent of RCU.
c. Governance: This agreement shall be construed in accordance with the laws of the State of Florida. Venue of any and all disputes shall be in Broward County, Florida.
Jr. Cancellation: if this agreement is cancelled by the Customer within seven (7) days from the date of execution, Customer shall forfeit 50% of any deposit made toward
this Agreement. RCIJ may cancel the Agreement and return the full deposit to the Customer at any time prior to the commencement of the work at the job site without
any further liability to Customer.
a. Liability: R responsi Kll'ror da�;es or 1h.1
difficulties, priorities, str ke , dents, wars, Acts of Gott 1
will exercise reasonable care when pt n the work, but
shrubbery, screening, pipes, or cables above or d
circumstances. Customer waives any and all rights to seek ar
components that may result in damage to the structure
not limited to, metals, shingles, cement tiles i c
of screening, rain gutters and art.
tNt1IAt.,)
/, eitheT�f'pr c,,, lc'ncctner f or during the work described herein, on account of trans art.ticig
udder rain storms, storms, other casualty or then, or other cat control. RCU
anno held espon . c in any matter for dama cs all driveways, foliage, septic tanks,
RCU wil t e d responsible for age to the exterior of interior of the premises under any
•"Tyr -rise ential rom RCU. Customer is urged to cover furniture and otherwise protect
RCU reserves t i to correct all problems, conditiopeand workmanship
rcqujV,44tJairs or maintenance automatically and irr ocably terminates any
arch color, size and brand of any existing roofing materials, such as, but
etc„ het uneven to c or the changing colors; materials; nor for any breaking
:re RCU is found re risible. Failure by the C'ustvmer U to perform the
rantees anti/or other obligations of RCU.
INttIALb
VII. Cat Gan SV."
a. There shall be no guarantees, nor liabilities on RCU after work is completed, except as may be provided in this proposal by a reference to specifications covered in the
proposed work, or as may be provided in this proposal, however, any such reference andlor provision shall be strictly construed only as an obligation on RCU to issue a
written guarantee upon completion if the work. It is mutually agreed that guarantees should only be binding on RCU to the extent that they are in writing and issued in
accordance with this proposal and that whenever RCU, upon completion of the work, shall issue to the Customer such a written guarantee, the liability of RCU shall be
limited to the Terms and Provisions of the such guarantee and confined to the work done hereunder.
WITH RESPECT TO ANY PRODUCTS UTILIZED OR INCORPORATED INTO ANY WORT( SPECiFIE:D IN THE AGREEMENT, RCU NIAICE.S NO
WARRANTiES, EXPRESS OR IMPLIED, AS TO THE hIERC:IIANTABILYIN, FITNESS FOR A PARTiCULAV PURPOSE OR ANY OTHER MATTER,
AS PROVIDED FOR BY APPLICABLE LAW. GUARANTEES ARE NOT TRENSFERRABLE UNLESS AGREED TO IN WRITING RY RCU.
INIT'IAI.S
SIGNATURF.