HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-019Temp. Reso. #1 1557 - January 12, 2009
Rev. 1 -- 1 /21 /09
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO APPROVE THE
PURCHASE OF A CANTILEVER SHADE SYSTEM
FOR THE BLEACHERS AT FIELDS 1 AND 2 AT
TAMARAC PARK AT A COST NOT TO EXCEED
$62,850.48, FROM SHADE SYSTEMS, INC.,
UTILIZING THE CITY OF JACKSONVILLE, FLORIDA
BID #SC-0511-06 PRICE AGREEMENT CONTRACT
FOR PARK AND PLAYGROUND EQUIPMENT;
APPROVING FUNDING FROM THE APPROPRIATE
CAPITAL IMPROVEMENT ACCOUNT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents and
visitors a higher level of service by enhancing and improving its outdoor recreation
facilities and environment; and
WHEREAS, Tamarac Park is a very popular facility which is utilized by youth and
adult sport leagues; as well as, other visitors; and
WHEREAS, a great concern of the patrons at Tamarac Park is the lack of shade
in the bleacher area; and
WHEREAS, with the many environmental issues facing us today, including
depleting ozone layer, the dangers of exposure to the sun's U.V. rays, and an increase
in the incidence of skin cancer, people are increasingly seeking shaded areas in public
gathering places; and
Temp. Reso. #1 1557 - January 12, 2009
Rev. 1 - 1 /21 /09
Page 2
WHEREAS, a good solution to the lack of shade for the bleachers at Tamarac
Park, is the installation of a cantilever shade system to shelter our patrons from the
harmful effects of the sun's dangerous U.V. rays; and
WHEREAS, the purchase of shade covers for Tamarac Park was approved in
the FY06 Capital Improvement Plan budget; and
WHEREAS, City Code Section 6-155 allows the Purchasing and Contracts
Manager the authority to procure supplies, material and equipment, which are the
subject of contracts with other governmental agencies without following purchasing
procedures, as set forth in Section 6-149; and
WHEREAS, the City Commission of the City of Tamarac, pursuant to Section
166.241, Florida Statutes, desires to budget and appropriate an amount not to exceed
$62,850.48 from the Capital Improvement Program Fund balance; and
WHEREAS, the Parks and Recreation Director and Purchasing and Contracts
Manager recommend the purchase of a cantilever shade system for the bleachers at
fields 1 and 2 at Tamarac Park for a price not to exceed, $62,850.48, from Shade
Systems, Inc., utilizing the City of Jacksonville, Florida Bid #SC-0511-06 Price
Agreement Contract for Park and Playground Equipment; and
1
Temp. Reso. #1 1557 - January 12, 2009
Rev. 1 - 1 /21 /09
Page 3
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to approve the
purchase of a cantilever shade system for the bleachers at fields 1 and 2 at Tamarac
Park for a price not to exceed, $62,850.48, from Shade Systems, Inc., utilizing the City
of Jacksonville, Florida Bid #SC-0511-06 Price Agreement Contract for Park and
Playground Equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS' clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All exhibits attached hereto are hereby incorporated herein by this
reference.
SECTION 2: The purchase of a cantilever shade system for the bleachers at
fields 1 and 2 at Tamarac Park for a price not to exceed $62,850.48, from Shade
Systems, Inc., said quote attached hereto as Exhibit 1, utilizing the City of Jacksonville,
Florida Bid #SC-0511-06 Price Agreement Contract for Park and Playground
Equipment, attached hereto as Exhibit 2, is hereby approved.
SECTION 3: Funding for this purchase will be from the appropriate Capital
Improvement Account.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Temp. Reso. #1 1557 - January 12, 2009
Rev. 1 - 1 /21 /09
Page 4
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this �'% day of t� , 2009.
BETH FLANSBAUM-TALABISCO
ATTEST: MAYOR
RECORD OF COMMISSION VOTE:
MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO
CITY CLERK DIST 1: COMM BUSHNELL
DIST 2: VM ATKINS-GRAD .
DIST 3: COMM. GLASSER.y '
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
TA
$AMUEL S. GOREN
1k', v-`CITY ATTORNEY
4150 S.W. 19 St. - ocala, FL 34474
Shade 1 800 609 6066 - FAX: 352-237-
0�
�����TM �-Mail:
�����a�s6.#1s557
TO: Mr. Greg Warner
City of Tamarac
For: Tamarac Park — Option 2
Email: gregwwa,tarnarac o
Tel.: 954-597-3638
FAX: 954-597-3640
FROM: Alan Bayman
Cell: 954-260-5339
DATE: December 22, 2008
PAGE: 1 of 1
Thank youor your interest in Shade S stems. Wearehappyto cote tyre ol%win roduct(s):
QTY
I DESCRIPTION
EACH
TOTAL
4
Model No. SC 153012 - 15' x 30' x 12' high Single
Cantilever Shade System
$ 8,496.00
$ 33,984.00
Less: 3% Ci of Jacksonville pricing contract discount
- 1,019.52
Delivery and Installation, including permitting with
rofessional engineer -sealed dmwin s
29,886.00
:7tc
Fabric: Metals:
IMPORTANT TERMS & CONDITIONS: TOTAL $ 62,850.48
■ All products quoted are per standard Shade Systems specifications with in ground bury posts and
including our easy -to -use Turn-N-5lidojm fabric removal and re-attachl went fastening
systemfactory-installed at each corner.
■ Includes polyester powder -coat finish on metal components in choice of standard colors shown on
page 33 of our brochure. Please indicate your color choices in the spaces above.
■ While we take care to protect property, no site work, concrete cutting, landscaping, or replacement
of damaged hardscaping is included. We are not responsible for any damages to underground
utilities or irrigation lines, nor for replenishment of any damaged sod or landscaping due to heavy
equipment access. Customer is responsible for identifying any underground utilities, and capping
or re-routing same ahead of time. Customer must provide clear access to site for heavy machinery,
including possible removal of certain fence sections. Customer to provide la current survey of the
site for permitting purposes.
■ Permitting submittals to include our standard professional engineer -sealed drawings and
calculations only. Any additional building department requests which require the services of a
professional engineer will be charged at said engineer's normal hourly rates. Permitting does not
include any "community appearance board" or other zoning requirements, nor does it include any
soil testing. If the building department has such requirements, we will quote additional charge to
comply with same.
■ Prices quoted are valid until January 31, 2009. Current shipping schedule is estimated at 3 to 4
weeks after issuance of permit. Terms are net 30 days with municipal purchase order.
ABOVE APPROVED AND ACCEPTED:
By signing below, Buyer accepts the terms and conditions of this Sales Order and directs Shade Systems to provide
the products listed for the amounts shown. Buyer agrees to pay to the seller interest on accounts past due at a rate
of 1.50% per month or the maximum allowed interest rate by applicable law, whichever is Idwer, all collection costs
including attorney's fees, and other costs involved in the collection of any accounts past due. Buyer agrees this
order is not cancelable.
BY: TITLE: DATE:
CONFLICT OF INTEREST CER"CIFICA'TE
SECTION 00320
Bill # SC-0511-06
Bidder 1 uu+t execute either Section 1 or Section 11 hereunder relative to Florida Stanlic 112.313(12). Failure to execute either section may result in
rejection of this bid proposal.
SECTION 1
1 hereby certify that fu) ufi-fcial or employee of the City or it's independent agencies requiring the goods or services described in these specifications
has a material lnanciai interest in this company.
Shade Systems, Inc.
Sign'rtuf� Company Name
_A1ar�llaymarL_ 4350 N.W. 19 Ave., Unit G
Name of Official (type or print) Business Address
Pompano Beach FL 33064
City, Sate, Zip Code
SECTION 11
I herchy certify that the following named City official(s) and/ur employee(s) having material financial interests) (in excess of 5%) in this company
have filed Conflict of Interest Slatetnents with the Supervisor of Elections, 105 Fast Monroe Street, Jacksonville, Duval County Florida, prior to bid
opening.
Naine Title of Position Date of Filing
Signantre� _ ..
Name of Official (type or print)
Company Name
Business Address
City, State, Zip Code
PUBLIC OFFICIAL DISCLOSURE
Section 126.112 of the purchasing Code Requires that a public official who has a financial interest in a bid or contract snake a disclosure at the time
that the bid or cnnhact is submitted or at the time that the public official acquires a financial interest in the bid or contract. Please provide disclosure,
if atrplicahlc, with bid.
Public Official
Position Itcld
Position or Relationship with Bidder
FORM GB-105_ ievfsed 611999
M ilnufataurer_-__.
Fixed Percentage Discount off MSRP -. ... - ___%
Installation: Fixed percentage of cost (after discounts) of equipment %
Manufacturer
Fixed Percentage Discount off MSRP,
Installation: Fixed percentage of cost (after discounts) of equipment %
3. SUB -CONTRACTOR EQUIPMENT INSTALLERS:
Business Name
Address
-f elephant: Number_
Contact Narne
Bustrtess Name
Address
Telephone Number
Contact Naive
NOTE: Attach vendor/manufacturer WRITTEN CERTIFICATION(S) naming bidder,
and/or each of its sub -contractor installer(s), as an authorized installer certirled to install
park anti playground equipment as required by each manufacturer. Failure to comply
with this provision may result in rejection of bid.
BID# SC-0511-06
WARRANTY INFORMATION FORM
Item Number ALL EQUIPMENT
Ftluipment Specifi,d MANUFACTURER'S GUARANTEE TO THE CITY AS SPECIFIED IN THE SPECIFICATIONS
*** ALL BLANKS MUST BE FILLED AND SUBMITTED WIT BID***
MAKE AND Moiwi.o1= EQutpwxr I'ROPOSED:_T shade Systems,v Inc, --
is Ihere ❑ warranty on the equiprnent proposed'?___
Yes No
I)ocs warranty apply to ALL cornponents or only part?
APPLIES TO ALL COMPONENTS
*Vatic warranty prritKl_varies — See— _ 5rrvtce wetTunly pevirxt-�nQne T__�_�_ __._.
Limited —Warranty attached
Nearest source for parts and?or service: Ocala, FL
Narne and address of authorized servicecenter(s):�_—__...._-_...-.__ _
Shade Systems, Inc., 4150 S.W. 19 St., Ocala, FL 34474
----_�_�—(plerrsv urchide name. address. cow. stare, zip. and phente narnher•) f� —
Nance and address of the authority issuing this warranty: (marnrlxturer, Jistrihulor, cleat_ Rtr ,___,—__
Shade Systems, Inc.
4350 N.W. 19 Avenue, Unit G, Pompano Beach, FL 33064
_-- (please inchtde name, address. cit)-, state, zip, and pit air err tarrher)---��
C'OPFOF-COMI'LETE WARRANTYSTATEMENTtS S(IBMITTED IIt:RE.WITIl: _x _
YES�Y
NAME OF BIDDER: Shade$y-stems,_,_,nq,�------•----_—_—__
S16NATU RE_4__ DATE
'TITLE_ President PHONENUMBER 954/971-6066 x101
* W:wran ty per Kid must me el ry exceed the warranty conditions as stated in Ihespceilieaeion- on the hid -
FORM G9 A-3. Rmsed 6119%
Shade
LIMITED WARIPLANTY
Effective 1/1105
Shade Systems, Inc. warrants that the equipment sold will conform in kind and quality to the specifications listed in
the order Acknowledgment and will be free of defects in workmanship or materials. Shade Systems further
warrants:
• 1.IMfFED 20 YEAR WARRANTY on all upright posts and support structure frarnes against failure due to
rust -through corrosion. This warranty excludes any cosmetic issues.
• LIMITED 10 YEAR WARRANTY on all fabrics, threads, and cables against degradation, cracking or
material breakdown resulting from ultra -violet exposure, mold, and mildew, as well as on Turn-N-Slide'"°
fastening device. This warranty excludes failure of fabric due to chemical erosion or flying or falling
objects.
• LIMITED 1 YEAR WARRANTY for structural failure of moving parts, powder -coated finish, or any other
product or part not covered by one of the above warranties.
All above warranties commence on the date of the Seller's invoice.
Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller
shall, upon being; notified in writing promptly after discovery of the defect and within the applicable warranty period,
correct such non -conformity either by repairing any defective part or parts, or by making available a replacement part
within 60 days of written notification. Seller shall deliver the repaired or replacement part or parts to the site free of
charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or
parts and the installation of any replacement part or parts. Replacement parts will be warranted for the remainder of
the original warranty.
This Warranty is exclusive and in lieu of all other warranties, whether express or implied, including but not limited
to any warranty of merchantability or of fitness for a particular purpose.
The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Seller shall not be liable
for any direct, indirect, special, incidental or consequential damages.
Seller neither assumes not authorizes any employee, representative or any other person to assume for Seller any other
liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties
collateral to or affecting the agreement.
The warranty stated above is valid only if the structures are erected in conformity with the layout plan and/or
installation instructions furnished by the Seller; have been maintained and inspected in accordance with the Seller's
instructions and other normal and prudent practices; have been subjected to normal use for the purpose for which the
goods were designed; have not been subjected to misuse, negligence, vandalism, or accident; have not been
subjected to additional or substitution of parts; and have not been modified, altered, or repaired by persons other than
the Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of structures.
To make a claim, send your written statement of claim, along with the original invoice number to:
Shade Systems, Inc.- 4350 N.W. 19 Avenue, Unit G • Pompano Beach, FL 33064
SUBMIT ORIGINAL AND ONE (1) COPY
BID SPECIFICATIONS
FOR
PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
Parks. Recreation and Entertainment Department
BID NO: SC-0511-06
OPEN DATE: 04/26/2006
TIME: 2:00 P.M.
PLACE: CONFERENCE ROOM C. 31RD FLOOR, CITY HALL
117 WEST DUVAL STREET
JACKSONVILLE, FL 32202
PRE -BID CONFERENCE
DATE: n/a
TIME: n/a
LOCATION: n/a
CITY OF JACKSONVILLE
DEPARTMENT OF PROCUREMENT
JOHN PEYTON DEVIN J. REED
MAYOR DIRECTOR
iDAM CJ.)/I. rc MW 1 M M
BIDDER'S CHECKLIST
Rev. 10/22/2001
Important information regarding the submission of this bid:
L� 1. SUBMISSION OF BIDS - Bids must be submitted prior to the time scheduled of Bid
opening. This time is usually scheduled for Wednesdays at 2:00plu. Late bi [ not
be considered. Bids must be submitted and clocked in at Procurements and Supply, 3
Floor, St. James Bldg. City Hall, 117 West Duval Street, Suite 335, Jacksonville,
Florida 32202.
2. No BID - If your farm is unable to submit a bid, please complete the No Bid Form and
return it to the Procurement and Supply Division at address listed on form.
E 3. -BID FORM - The Bid Form must be signed and submitted with your bid submission
by the time of the scheduled bid opening. Failure to su&my a sipped Bid Form will be
grounds for reiection of bid
4. BID SECURITY -- Bids that require a bid security, in the amounts indicated on the bid
form, must be included with your bid submission by the time of the scheduled bid
opening. Failure to submitthese documents ivilL bends or '- re'ection.
5. MANDATORY PRE -BID CONFERENCES - Some bids may require bidder's to
attend Mandatory Pre -bid conferences., Failure to attend con er ces mill result in hid
being dis uati red
6. INSURANCE REQUIREMENTS - Review all insurance -requirements on a bid -by -bid
basis. Failure to submit a C&Efficate of Insurance when Eau
Lw will be grounds Lor
bid refection.
F1 7. CONFLICT OF INTEREST - Bidder's must execute section I or II of this form and
return it with, your. bid submission. Failure to return this [grm co "M be
ands f0F re'ecaYon.
8. PRICES - Make sure all unit prices and extended prices are correct and provided in the
spaces indicated on bid form. Always check your math.
9. "ADDENDUMS - Submit signed addendum(s) with Bid Documents.
a10. GREEN LABEL - Place green label on front of sealed envelope next to company's
name and address. Write Bid Number on Green Label -
EACH BIDDER SHALL CAREFULLY EXAMINE ALL BIDDING DOCUMENTS AND
THOROUGHLY FAMILIARIZE THEMSELVES WITH ALL REQUIREMENTS OF THE BM' ANY
DYSCREPANCiES, AMBIGUITIES OR OMISSIONS IN BIDDING DOCUMENTS SHALL BE
REPORTED To THE RESPECTIVE BUYER AT ONCE
BID # SC-8511-06
Table of Contents
PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
EQUAL, BUSINESS OPPORTUNITY PROGRAM..........................................................................................................3
BIDFORM........................................................................................................................................................................... 5
GENF-RAI, CONDITIONS..................................................................................................................................................6
SUPPLEMENTALCONDITIONS.....................................................................................................................................7
CONFLICTOF 1N'rERFs,r CERTIFICATE..................................................................................................................8
INSURANCEAND INDEMNIFICATION........................................................................................................................9
1. BIDDER CATALOC: FIXED PERCENTAGE, DISCOUNT............................................._......................_.........17
DISQUALIFIEDVENDORS Lis•r................................................................................................................................... 19
PROCUREMENTPROTEST PROCEDURES ............................................ _............................................................... 20
NOBID FORM..........•............................................................................••.................„.................................I.....................24
EQUAL BUSINESS OPPORTUNITY PROGRAM
Encouragement Plan
it is an official policy of the City of Jacksonville to encourage the
maximum participation of .Jacksonville Small Emerging Business / Minority
Business Enterprises (JSEB/MBEs) in its contract awards based upon
availability.
This project has been designated to be under the Equal Business
Opportunity Program and has been selected to utilize the following method
for achieving JSEB/MBE utilization and goals under the Equal Business
Opportunity Program: The Encouragement Plan.
Under the encouragement plan, vendors are required to make all efforts
reasonably necessary to ensure that City certified JSEB/MBEs have a full
and fair opportunity to compete for performance on this Project.
Bidders/Suppliers/Consultants or any entity doing business with the City
shall not discriminate on the basis of race, ethnicity, national origin or
gender in the award and performance of the work under this contract.
Please use the attached form I (Schedule of Participation) to submit
JSEB/MBE Participation on this Bid. You may contact the City's Equal
Business Opportunity Office for a copy of the JSEB/MBE directory or visit
our web site at www.coj.net.
(REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
CITY OF JACKSONVILLE, FLORIDA
CONTRACT NCI.
REQUEST FOR QUU'PA'nON
lkecrrinlinn' The Denartmenl of Parks, Recreation &. Entertainment requests a quotation
known as Park, located at
A site plan (not to scale), along with drawing of proposed amenities, is attached. A mandatory site visit is
scheduled l'or at P.M.
[iri7�Tti�7't.t ��Il tl yif L�1�a1an�1 r►11 y L��
%
Manufacturer Component Catalog N Quantity MSRP Unit Price Contract Extended Price
Discount
Additional . vices Reauired:
Additional llem Mscrilion Quanlity Unit Price Extended _Price
Fr6ghl Charges
W- ivery Charges _
Storage Charges
Installation Charges
Sidewalk
Other Concrete Work
Borders
Site Charing �"'
Fitt Din
t7rai4age Pipe Laying
Pernlils
Other:
Other'_.._
()tFwr:
TOTALS
inclusive to complete
project.)
List of Subcontractors:
NaTnc
Address
Telephone No.
Contact Name_
Designated Work
Subcontractor Cost
2. Name
-
Address
Telephone No.
Contact Name__
Designated Work —
Subcontractor Subcontractor Cost
3. Name
Address
Telephone No.,
Contact Name
Designated Work_
Subcontractor Cost
4. Name
Address
Telephone No.
Contact Name
Designated Work —
Subcontractor Cost
11
I
AGGREGATE
(NOTE: Must be all-
park/playground
11
Disqualified Vendors List
In accordance with the City's Purchasing Code 126.202-K, the Chief Purchasing Officer and
all agencies are advised to cease doing business with disqualified vendors. However, any
existing contracts held by the above vendors should be completed.
Vendor
Able Lumber and Supply
Armored Car Services
Carolina Paper Mill
Concerned Citizens of Developing
the Disable Inc. d/b/a A.I.C_R.
Court Yard Concepts
Creed Company
Elite Public Safety
Fire Defense Centers
George Patterson & Associates
G K Solutions
Tiger Tale Publication
Vendor #
593191058
45357941
593191058
593035606
59317759
593541756
Date of
Disqualification
07/18/97
02/10/00
10120/80
07/23/98
05107/97
03/07190
03/25/00
06/08/87
06/05/98
09/08/99
05/21 /98
Whittle & Sons 07/25/80
C & H Construction 593216284 03/07/02
Vendors disqualified from bidding as Prime Contractors
Eligibility
Reinstatement Date
07/18/98
02/10/01
10/20/81
07/23199
05107/98
03/07/91
03/25/01
06/08/88
06/05/99
09/08/00
05/21 /99
07125/81
03/07/03
' Cleft Landscapes Management 590036843 10/26/2000 10/26/2001
CITY OF JACKSONVILLE
DEPARTMENT OF PROCUREMENT
117 West Duval Street— Suite 335, Jacksonville, Florida 32202.
(904) 630-1194-Ph; (904) 630-7293-Fax; www.cgi.net
PROCUREMENT PROTEST PROCEDURES
126.106(e) PROTES'r PROCEDURES
126.10((e)(1)
Purpose and Scope
126.106(e)(2)
Definitions
126.10(Kex3)
Timely Notice of Protest
126.1(1(Ke)(4)
Extension Request I Supplemental Protest Documentation
126.1M(c)(5)
Delivery
126.106(c)(6)
Process
126.106(c)(7)
PnAest Ilcaring Rules and PreK:edLrrcS
126.106(c)(S)
Independent Agency, Board or Delegated Authority
126.106(c)(1) Purpose and Scope
(a) These protest procedures are promulgatcd pursuant to §
126.10(4c) of the Jacksonville Ordinance Code (the "Code"),
which aulhoriies the Director of the Department of Procurement
(the 111)ireclor") to "prepare and publish rules and regulations
governing bid protests." In the event a court of competent
jurisdiction declares any provision of these Procurement Protest
Procedures to be unconstitutional, invalid, or oihcrwisc
unenforceable, then all remaining provisions shall be severable,
valid and enforceable regardless of the invalidity of any other
provision.
(b) In accordance with the procedures contained herein,
any persort or entily that is adversely affected by a decision or an
intended decision concerning a solicitation, solicitation
documents, award, or any other process or procedure prescribed
in the Code and who has standing to protest said decision or
intended decision under Florida law (the "Protestant"), must
timely file a written Notice of Protest seeking to challenge the
decision or intended decision. The issue(&) raised and the
information contained in the Notice of Proust and any
supplemental documentation riled in accordance with §
126.106(e)(4), hereof, must clearly identify and explain the
factual and legal basis for any relief sought, and shall be the only
issues) and information the Protestant may present for
consideration before the applicable committee.
126.106(c)(2) Definitions
For the purpose of these Bid Protest Procedures, the following
definiliuns are provided:
(a) "Competitive solicitation' or "solicitation" shall
include without limitation an invitation to hid, competitive
sealed bid, multi -step competitive sealed bid, competitive sealed
proposal, or a request for proposals and/or qualifications.
(b) "Posting" means the notification of solicitations,
decisions or intended decision, or other mailers relating to
procurement on a centralized Internet wobsite, by placing the
same on the bulletin board(s) designated by the Department of
Procurement for this purpose, or as may be consistent with §
126.102(m) of the Code-
(c) "Exceplional purchase" means any purchase excepted
by law or rule from the requirements for competitive solicitation,
including without limitation purchases pursuant to §§ 126.107,
126.206, 126.207, 126.21). 126.307, 126.309, 126.311, 126.312,
or 126.313 of the Conte.
(d) "Electronic transfer" Is limited solely to facsimile
transmissions that appear legibly on paper at the place of filing.
(e) "Final Agency Action" means a final decision that
results from a proceeding hereunder, and includes actions which
are affinnalive, negative, injunctive, or declaratory in form.
(n "Procurement process" has the same meaning as
"contract solicitation or award, process"
126.106(e)(3) Timely Notice of Protest
(a) Recotamendations of Attrard and/or Bid
Rejection. A Protestant shall have 48 hours
after either the posting or written
notification of a decision or intended
decision, whichever ;is earlier, in which to
file a written Notice of Protest in order
to timely challenge or seek relief from a
Department of Procurement recommended award
of an exr_eptional purchase or an award or
recommended conclusion to any bid or
proposal solicitation process, including
without limitation: (i) a recommendation to
reject a bid or proposal; (ii) a contract
award; or (iii) the short-listinq of
bidders or proposers.
(b) Bid/Proposal Specifications and/or
Requirements. A Protestant shall have 10
business days after the posting of a
solicitation or 48 hours after the posted
date and time of a pre -bid or pre -proposal
conference, whichever is earlier, or 48
hours after the posting of an addendum, in
which to file a written Notice of Protest
in order to timely challenge the
requirements, terms and/or conditions
contained in bid or proposal documents,
inuludinq without limitation any provisions
governing or establishing: M the basis
for making the award in question; (ii)
evaluation criteria; (iii) equipment,
product, or material specifications; (.iv)
proposed project schedules; (v) statements
regarding .participation goals or other
equal opportunity measures; or Ivi) other
general solicitation or project
requirements.
(e) Computation of Time - The computation
of the time limitations or periods
contained herein shall be governed by and
shall be pursuant to Florida Rule of Civil
Procedure 1.090(a). Failure to file a
written Notice of Protest within the
applicable time limitation ox period shall
constitute a waiver of any right, remedy,
or relief available hereunder.
(d) Form and Content of the Notice of
Protest - A written Notice of Protest
shall. li) be addressed to the Director;
(ii) identity the solicitation, decision,
or recommended award in question by number
and title or any other language sufficient
to enable the Director to identify the
same; (iii) state the timeliness of the
protest; (iv) state Protestant's legal
standing to protest; and (v) clearly state
with particularity the issue(s), material
fact(s) and legal authority upon which the
protest is based.
126.106(e)(4) Request for Extension to File Supplemental
Protest Documentation
At the time of filing a timely Notice of Prolest hereunder, a
Protestant may request an extension of three (3) business days
after the dale its Notice of Protest is timely reccivcd, in which to
provide supplemental protest documentation. Failure to do so or
to timely submit the supplemental protest documentation shall
constitute a waiver of any right to the same.
126.106(e)(5) Delivery
The timely filing of a Notice of Protest shall he accomplished
when said notice is actually received by the Department of
Procurement within the applicable time limitation or period
contained herein. Filing a notice may be accomplished by
manual transfer via hand -delivery or mail to the Director of
Procurement at 111 West Duval Street, Suite 335, Jacksonville,
Florida 32202 or by electronic transfer via facsimile to (904)
630-7283. The responsibility and burden of proof that its Notice
of Protest has been timely and properly received shall rest with
the Protestant, regardless as to the method of delivery employed.
126.106(e)(6) Process
(a) Upon rcccipl of a timely filed written Notice of Protest,
the Director or his/her designee shall schedule and provide
notice of the time, date and place that the protest will be heard.
The protest will be heard before the General Governmental
Awards Committee (" GGAC"), the Professional Services
(valuation Committee ("PSEC" ), or the Competitive Sealed
Proposal Evaluation Committee ("CSPEC"), whichever is
applicable. The Director or higher designee shall have the
discretion to proceed with the solicitation or contract award
prnccss in question or to suspend the same pending the
resolution of the protest. To the extent the Director or his/her
designee decides to exercise his/her discretion not to suspend the
solicitation or contract award process pending the resolution of
the protest, the Director or his/her designee shall set forth in
writing the particular facts and/or circumstances upon which
his/her decision is based.
(b) Those persons or entities, other than the Protestant, who
will be directly affecled by the resolution of the protest shall be
given notice of the protest hearing, and the Notice of protest and
any supplemental protest documcnialion shall be made available
to them upon a written request for the same.
(c) When a Notice of Proicst is filed pursuant to §
126.106(ex3)(b), hereof, the Director or applicable awards
committee chairperson shall have the discretion to direct that the
solicitation in question not be opened pending the resolution of
the protest.
126.106(e)(7) Protest Hearing Rules and Procedures
(a) Hearings hereunder shall be heard before the applicable
committee, and shall begin with a general statement of llte rules
and procedures prescribed herein by a representative of the
committee, followed by a general statement of the facts by a
representative of she Department of Procurement.
Representatives of the Protestant, limited solely to its owners,
officers, employees and/or legal counsel, will then be required to
present its case based solely upon the issues) and information
contained in the Notice of Protest and any timely submitted
supplernewal protest documentation. Those persons or entities,
other than the Protestant, who have legal standing and will be
directly alrccicd by the resolution of the protest will be given an
opportunity to be heard and to present information before the
committee, which will be followed by a statement and the
prrxcntation of information from the Department of Procurement
and other governmental rcpresentutives. The Protestant must
establish by the preponderance of the evidence that the protest
should be granted based upon the law, facts and information
presented. The committee is entitled to ask questions of any
party at any time during the hearing,
(b) For hearings hereunder, the fotntal rules of evidence
pursuant to the Florid Evidence Code may be relaxed at the sole
discrution of the presiding chairperson of the applicable
committee. hearsay evidence may be admissible and used to
supplement nr explain other evidence.
(c) Unless otherwise provided by the Code, the burden of
proof shall rest with the Prolestant. 'Ile standard of proof for
proceedings hereunder shall he whether a Department of
Procurement recommendation or The decision or intended
decision in question was clearly erroneous, arbitrary or
capricious, fraudulent, or otherwise without any basis in fact or
law. In any protest proceeding challenging a decision or
intended decision to reject all: bids, proposals, or replies, the
standard of review shall be whether the decision or intended
decision is illegal, arbitrary, dishonest, or fraudulent,
(d) A majority vote of the members of the applicable
committee shall be required to grant a protest, hereunder;
otherwise, the protest shall be denied, and, upon execution by
the Mayor or his designee, said vote and/or decision of the
applicable awards committee shall be posted and shall represent
final agency action.
126.106(e)(8) Independent Agency, Board or
Delegated Authority
If a protest is filed and the solicitation is for the benefit of an
independent agency, board, or delegated authority that has its
own established procurement procedure and does not use the
City's procurement process and/or protest procedures, then the
person or entity protesting must follow the protest procedures of
that independent agency, board4 or delegated authority.
CERTIFICATE OF
ADOPTION AND IMPLEMENTATION
The preceding Procurement Protest Procedures are hereby adopted this 27'6 day of July, 2005, by the undersigned Director of
Procurement f(w immediate implementation, and will remain in full force and effect until such time as they may be formally revised,
arnendcd, supplemented, superseded, or abolished.
Department of Procurement
.� `
)—j
Devin J. Reed, Director
City of Jacksonville
117 West Duval Street, Suite 335
Jacksonville, Florida 32202
(904) 630-1184 — Phone
(9D4) 630-7283 — Facsimile
Breed a co'Inot
RrWxi" eml Efjecdw lMrr� 71271200i
Page 23 of 23
NO BID FORM
B1 D# SC-0511-06
UNABLE TO SUBMIT A BID? WE SINCE RELY HOPE THIS IS NOT THE CASE.
tf your firm cannot submit a bid at (his time. please provide the information requested in the space
provided below and return it to:
City of Jacksonville
Department of Procurement
117 West Duval Street, Suite 335
Jacksonville, Florida 32202
We are unable to submit a bid at this time due to the following reasons:
Name of Firm
Signature and Title
Street Address or P.O. Box
City,
State T Zip Code
PLEASE SUBMIT THIS FORM ONLY: DO NOT SEND BACK THE BID Plj►CKAGE
FORM GB•101, 'Revised WU
Page 24 of 24
GENERAL CONDITIONS
1. RESERVATIONS: The City of Jacksonville. Florida reserve the right to rejed
any or all hods of arty part thereof andlar to waive Imam ition it such action is deemed to be in
the best interest of the City of Jacksonville.
The City reserves the right to cancel any Gonad, A in As opnion, there be a failure
at any time to pedam adequately the stipulations or this irrr llon to bid, and the general
aordilions and specifications whirlt are attached and made part of Pros hid, or in any case of any
attempt to wiNJly impose upon the City materials or product; or workmanship which is, in the
opinion of the City, of an unacceptable quality- Any action taken in pursuance of this leper
sliprdatien will not efted or impair any rights or chins of the City to damages fa to breach d any
amnards of the conlrad by the corneador. Thu City also reserves the right to repro da bid of
any bidder who has previously faired to pericrrt adequately alter hainng ante been awarded a
prior bid for furnistang malenals ski" in rhature to those materials mentioned ails bid.
Should the aorwaclor rail In carhply with the cundiivhs of this conind of tail to
complete the required work at Inmish the required materials within tie im stipulated in the
contract, the City reserves the fight In purchase in the open market, of to complete the required
work, at the expense of fhe CDWsoor of by recourse to provisions of ft fudldhf performance
bond d such bonds N required under the conditions o1 this bid_
Shall the cordrador fail to hsnish any item or Mama, or to complete the tegrired
work included n this tontrad, the vary reserves the right b withdraw such tens or required wok
from the operation of this wNfact WOW iripnmg lueler katitAes on the part of tre City
thereby.
WOULD ANY BIDDER HAVE ANY QUESTIONS AS TO THE INTENT OF
MEANING OF ANY PART OF THIS BID HE SHOULD CONTACT THE OFFICE OF
PROCUREMENT AND SUPPLY IN TIME TO RECEIVE A WRITTEN REPLY BEFORE
Sl1BMITtwGfIs BID.
AN items kamnshed rr M be Completely new, and nee from dblecm unless specified
othennse. No others wit be accepted undo the teams and Indent of Oft bid.
2. OUOTATIONS: No bidder well be allowed to direr more tan one price on each
item even though he racy keel dat the has two at more Nypes or styles that welt meet
spearicabons. Bidders must delermte kit themselves *lien to other. IF SAID BIDDER
SHOULD SUBMIT MORE THAN ONE PRICE ON ANY ITEM ALL PRICES FOR THAT ITEM
WILL BE REJECTED AT THE DISCRETION OF THE DIRECTOR OF THE DEPARTMENT OF
PROCUREMENT.
3. TAXIES: The City d Jackaannle, Florida is exempt lam the folkinnN lanes: (al
Stale of Floda Sales Tax by Certificate No 26-MIO7377.51C: (b) Manufacturer's Federal
Excise Tax Registration No %6000.344.
d. CARTAGE: He charge will be allowed fa cartage of packages unless by special
agrtaamont.
S. "OR EOUAV INTERPRETATION: Even hxo a paniewar mamfadurer's
name of brand is speared, bids wll be considered on Over brands or on tie products 0 other
manufacturers. On all such bids Ite bidder will dearly ih I le the product (brand and model
numbuv) on which he is boding, and will supply a sample or sut4eied dais in detail to enable an
intelligent comparison to be made with the particular brand or romlact re "mciked. AN
santples will be Bubo Mad in accordance wAh procedures alined 'n the paragraph on
SAMPLES. Calalog Oils and tedrucal desag" dale will be attached le the anginal copy of
the bid where aplAcable, Failure to submit the above irdormalion may be sWkrxril ground Ia
rejection of rid.
C DEVIATIONS TO SPECIFICATIONS: In addition 10 the ninuiements of
paragraph Me, all deviolims eom Pre spnecilicatimns must be notad in darat by the bidder. in
wrnarhg, at Ike tine of due sUhNhital a tue formal bd. The ilbalalCe a a vnillen lest of spaeiiealion
deviations at to Iime of subrrhilal of the bid will hold the bidder strictly accountable In the City to
the specifications as wrMen. Any denaio n from the specifications as wrhden not previously
submited. as required by the above, will be greurds for teOcWn of the material anNor
equipment whw delivered.
7. DATA REQUIRED TO BE SUBMITTED WITII
REFERENCE TO BID:
a. Whenwer the spsarcallom Indicate a product of a paliwdar m Wailes.
muodel, or brand in 1e absemx of any slalemenl to tot contrary by to bidder, the bid will be
irtarpreted as fa as exact Wand. model. of a mmulactu a speciid, logether with ar
accessories. quaities, tolersnces. urrposilona. oft enumeraled in the detailed speciricallms.
b. If no Particular brand, model or make is specified, wid if no data is required 10 be
submiiled with the bid, the successkd eonlrecor, after award and before mervdackrer or
sltpnem may be required b subimN working drawiv or deladed demon data Sufficient to
enable the City to Kdge Reach mquiewnnd at the spacli;xlions is beirq con died with.
L SAMPLES: The samples subrrrtad by bidders on terruf which lay have
received an awed may be retained by the City until the delivery of eorhtra ided items is tampdad
and accepted. Bidders whose samples arc Waned may remove them aril delivery is accepted.
Samples on which adders are u �ssfd must be removed as soon as Possible
after an award has been made am the item W Hems Ion which the samples have been w0nitkd.
The City will nor be responsible fa such Sa *$ it not removed by to bidder within 30 days
add to award has been made. The Coy resertreS the right to consmahna any OF at sarrplea for
letting purposes.
Bidders wi make aN anangemenis tar delivery of samples b pleas designated as
urea as the removal of samples. Cast of delivery, and removal of samples will be borne by he
bidder.
AN sample packages will be marked "Sample ter Ike Departmerd of Prmolormethl" and each
sarnpne well bear the named the bidder, tern n umbes, bid nanbet and will be dearly lagged OF
marked in a substantial manner. Fai ire of the biddy to beady icier" sampes as indaled
may be considered sufficient reason for rejection of ad.
BID JI SC-OSI I-06
9. PERFORMANCE BONG. The Successful bidder on INS bid mUSo IUmish a
performance bond as in*Aed on tx bid cover, made wit to fhe City of Jacksomeft. Florida,
prepared an an approved form. as seemly for the failliful performance of his contract within ten
days of his notification thm his hid has been accepted. The suety thereon roust be such surety
company as are aulhorized and licensed to barnact business in the Stale of Florida. Attorneys
m facts who sign bid bonds swat Me wilt each bond a cerifed copy of their power of allomey to
sign said bonds. The successlot bidder or bidders. upon falure or refusal to furnish withal ten
days ally his rglficaion the required Performance bards. will pay to do City of Jadrsonvile.
Florida. as iquidar*d damages for such failure or refusal an amount in cash equal to the security
deposited with his bid,
111. PROVISION FOR OTHER AGENCIES: Each bidder agrees when suMniltng
his bid that be wit make available to rA City agencies and depatmerm, b►Cay agerncies. in-Cty
fre dapaWrar* aW municipalities. the bid process to Submits in accordance with the bid None
and connaiensshmild any said department of agency wish to buy under this bid proposal.
i I . GUARANTEE: The corawor wlrhirhcoridiionaty gvuantee tie malerials and
workmanship on all equipment furnished by him for a period of one year room dale of acceptance
OF fM ilims dowered and installed, unless otherwise specified herein. P. wthn the guaaree
period. any defects of signs of detionoralidn are road. whida in the oprtian of the City vie due to
fanny, deign and installation workmanship, or materiels, upon ratilicatim. Ufa coolractor, at his
eripanse. will repair a adjust to equipment or pats to cared the condition, or he wd replace
do pad of entire UM W the complete saYafaction of the Cify. Repairs, replecanonts or
adjuslrrerds will be made only at such fines as will be desgrwled by the City as least
detrimental to to operation of City business.
12- DISCOUNTS- ALL DISCOUNTS OTHER THAN PROMPT PAYMENT TO BE
114CLUDED IN BID PRICE, PROMPT PAYMENT DISCOUNTS OF LESS THAN 30 DAYS VVILL
NOT BE CONSIDERED IN DETERMINING LOW W
13. COLLUSION: THE BIDDER; BY AFFIXING HIS SIGNATURE TO THIS
PROPOSAL AGREES TO THE FOLLOWING: "BIDDER CERTIFIES THAT THS BID IS
MADE WITHOUT ANY PREVIOUS UM"STANDINO, AGREEMENT OR CONNECTION
WOW ANY PERSON, FIRM, OR CORPORATION MAKING A BID FOR THE SAME ITEMS;
AND IS IN ALL RESPECTS FAK WITH IW OUTSIDE CONTROL, COLLUSION, FRAUD OR
OTHERWISE ILLEGAL AC7101C
14
. ERRORS Mr BIDS: Bidders o Nor authorUed mWesemabves ae eapmeWd ho
IuPy Worm themselves as in tw condima regwernenls, and specifications before submiting
logs: lalure le do so will be at the bidders own risk and he rarnd seine relief an the plea of
Ara. Neither law nla hegalafiorl6 make atbwamte to onions either of omission of commission on
the pal of bidders. In case of aria in extension of pnon in the bid. the unit price will govern.
1S. DEPARTMENT OF PROCUREMENT AS AGENT: TA= to DalmurMM of
Procaremerif is actin as agrms ler'otha public ackviieC bueshg defined as acliviliea receivirg
imneW support. in part from the City. but not under His direct gomming jursdiclion of 1e
Cahsokdalad Government, are name al such public acwity will be subskbdad for the word
in the Iwegoi g paragraphs Ws I.1d.
16. ETHICS PROVISION FOR VFNDORSNSUPPLIERS: The bidder, by aftrig is
sigrudure to the proposal form, sodfo die acceptance of a purchase order, represents that i has
ivirievied the pavilions or the Jaduspnvlle Ethics Cods contained in chaplse 602, JarAsorwille
Ordinance Cade and the proob bis of the Purchasing code contained in chapter 125.
Jacksonville Ondnanice Code,
17. NONDISCRIMINATION PROVISIONS: In c9m0Wva we Secdan a of
Ordmanxa MM553, the bidder will, upon of Wng his signature to the propusA loom, andlor
the acceptance d a purchase order, sigh) draft. fold order, c rldies that his firm meets and
agrees to the fallo ing provisions, which will becorw a pan of this contract,
■. The canbarlor represents that he has adopted and w+d maintain a policy of
nandh *'i nation as defined by ordnance of the City of Jacksonville draugitoud the krm of Ins
canfrocr.
b. The condor agrees that an wriden request he will permhi the reasonable
access to his empDymCM. eRplo mwill adrenrsement, application forms. and Other Pal*iant
data and records by the Exec love Director of the Caornunity Relations; Curormssion of the City
of Jacksonville for to purpose of investigation to ascertain cxrrrtp war wO the
nu d iscrir:naiat pronaibna of On conttr■au provided however. let the camraaa we not be
requited to produce far W speaion any records eoverkg periods of lime mwe than one yea prior
to to date of lire malracL
c The t:armraclor agrees that I any of the ebligaliars of this contract are to be
performed by a wbcortactor, lharh the provisions at a and If of this section will he irncorpovaied
into atl became a pat of the subcontract_
(FORM GB-103, revised 12103)
SUPPLEMENTAL CONDITIONS
.1. SUBMISS" OF BIDS.
AM bids mus! be submitted no latex than the designated bid opening date and
firm as specified in the bid documents.
Submit bids to:
City 01 Jacksonville
Deparlrnenl of Peoraremerd
117 west ouval strW, Suite 335
Jacksonville, Honda 32202,
Bidders are fully responsible tar delivery of bids. Reliance upon rat or public carrier
is ad ere bidders risk.
LATE BIDS ARE NOT CONSIDERED.
Bid only on the " fmrn(s) supplied herewith, using ink of tAXYA kr. Any
changes or alk+ations must be Whated by the person signing the bid.
Bidders' signature on the Bid Form (Form GB•102) signiies that the bidder has
tamiiertxed himself with all the Terms and Condeiorts of this bid. and agrees to them
all, and that his bid is made and submitted for the items as specified and delriled
fkerm unless ezrApecns are dearly noted and that the pnm quoted herein are firm
for Mho duration of this bid. Failure to submit a signed Bid Form wilh bid submission
will be grounds for bid rejection. Violations of any of he Terms and Conditiom of this
bid and delivery lime stated, can resull In the fiiddoes suspension from all bid lists of
the Cry d Jacksonville and its agencies and penalties provided for by the Purdhasirg
code of the City of JacksonvNte.
Please use the green label enclosed when submitting year bid, be sure to hrsert
the bid number and the open date on the label. Failure to do so may result in
your bid being returned unopened.
'2. BgNSURETY REQUIREMENTS:
At Bids that may require a bid security or surety in the form of a cerOW check,
cashiers check or bid bored In the amount as prescribed in Mee bid documents rust
accur pany the bid submission prior to tee sctted<ted bid opening. Certified and
cashiers checks will to deposited by the City and mftummeno chatits wit be
issued once an award is made. Failure to subrd the above informalpn limey will be
grounds for rerjecie n of bid.
3, BID OPENING AND TABULATION:
Due to the large number of bids to be opened, and fie numerous Mems contained in 5
am* bids, such bids will not be tabulated N the bid opening. Bids may he reviewed
by amartgemere wth fie ►espedwe buyer. Bidders dmirig a copy of the labuielion
sheet and the award retornrnerdgbon must include a sed addressed. stamped
envelope with their bid. I a copy of fie labdalion Shsal is dewed pier lo award. then
two (2) set addressed, stamped envelopes most be included.
61) RESULTS AND AWARD RECOMMENDATIONS WILL NOT BE GIN" BY
TELEPHONE
PROMPT PAYMENT TO SUBCONTRACTORS AND SUPPLIERS:
A, Genet - when Contractor receives payment from CITY for labor, services. a
malwrials lumished by subco lraclors and suppias hired by Contractor.
Quiractor shal remit payseenl due pass proper milmnage) In !hose
subcaWadas and suppliers within 15 calendar days after CoMra"s r~
of payment tram CITY. Nothing herein shall prchibfl Contractor from disputing,
p r uanr In the !erns hereof. at or any pompon of a payment alleged to be due
b as subcanbacias and suppliers. In toe event of writ a dispiAe. Contractor
may withhold the deputed portion of any such payment only after Contactor
has provided notice to cm and to the wdannlrados or supplier whose
payment is in dispue, which no" short 0) be in writing: [a] stale the amount in
dispute: (ai) spel:hftealy describe Use actions required to Ore the dispute: and
Irv) be delivered to CITY and said submnirada or supplier within 10 calendar
BID # SC-0511-06
days after Cahhaclofs receipt of payment horn Cl1Y. Contradorshallpay all
undisputed amounts due within the time il'mds imposed by this section.
Jacksonville Small Business E_aLeMltig IJSEBIand MinqA4 Business
Enterortar fMBEi - Notwithstanding Chapter 126, Pad 6 of the Jacksorville
ordinance Code (the'Code"I, ConBradd► stall pay all cooirads awarded with
certified JSEB and MBE as defined Mrer$in their pro-rala share of their earned
pafon of the progress payments made by CITY under the applicable oontatt
YAWn seven (7) business deye alter Comtradoes recepl of prpnen a cam CITY
(less proper melange). The pro -rate share shall be based on all work completed.
materials. ad equipment furnished of services parWmked by the certified JESS
or MBE a1 the time of payment. As a mullion precedent to pogress and final
paymmkls to Contractor, Contactor shall provided to CITY, with its requishion for
paymerm, domanentafon 1hal Sufficiently 6waortstrates that Contractor has made
proper payments to its cerMfied JSEB or MBE from all pia payments that
Contractor has received from CITY. Colttadar shall not urmeasonably withhold
payments b certified JSEB or MBE if such payments have been made b the
Cordrodor.. If Contractor withholds payment to ill codified JSEB or MBE,
which paymed has been made by CrTY to Contractor. Contractor shall return
sad poymcrd to CITY. Contractor shaN!pevide notice toe" and late
certified JSEB of MBE whose payment Is in dispute, which robot shalt. (i) be in
whUg (N) state the ameuot in dispute; Iiii) specifically describe dre actions
required to sea the dispute: and (iv) beidelivered to CITY and said subcontractor
or supplier within We (5) calendar days iatet CaAraclofs receipt of payment
from CRY. Contactor shall pay all w4spuled amounts due Vitro the lime
toss imposed by this sedan. The Failure to pay undispueed a no uts to the
JSEB or MBE within 7 hr sirmss days shad be a breach o(nontrad, conpensaWn
by 1% ot the o lslanding invoice being withhold by the City as iqurfated
damages. Continued lailum to adhere to this clause may be cause for
termination.
Third -Party Liabh� - The Prompt Payment requimmals hereunder shall, in no
way. create any conbachjal refadonship or obligation between CITY and any
subcontractlor, supplier. JSEB, MBE. or any third -party a create any CITY Nabiily
for Contractor's tacker lo make timely pay wft hereunder. However,
Contractors failure to am" with the PWW Part" requirements shall
consNlule a malerial breach at its contractual o lyaWns to CITY. As a result of
said breach. CITY, wNW waivitg anyiother available remedy I may have
against Contador, may: (i) issue)DIN d hec ks: and (ill) charge Contractor a If 2%
daily i to rest penalty or psnallies spec f ed in Chapter 126 of be Code for JSEB
or MOE and Chapter 218, Florida 51at". 4a non -A B or MBE, whichever
greater.
PUBLIC ENTITY CRIME INFORMATION:
'A persona al ilae who has been placed on the State Of Florida convicted vendor
list fallowing a oxwk bon for a pubic a" crime may not submit a bid on a contract
to provide cry goads or services to a wobic enty, may net submit a bid on a =*act
with a public en lily for the condrucson at repair of a public building or public work
may not submit bids on leases of real property to a public entry, may not be awarded
or perform work as a contactor, happier, sel6eerdranw. or consultant under a
cantnad with any pubic emily, and may not transact business with sty pubic entity
for a period of 36 months from the dale et being placed on the convicted vendor list.'
FORM CIFIe4, (revised Ief05)
INSURANCE AND INDEMNIFICATION
BID # SC-0511-06
1.00 INDEMNIFICATION:
1.01 'rhe Contractor, its employees, agents and subcontractors shall indemnify, defend and hold harmless the City anti/or it's using
agencies named in the contract documents, it's directors, officers, agents, representatives and employees, from and against
any damages, liabilities, losses and costs, including but not limited to reasonable attorneys' fees to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor, and other persons employed or utilized by the
Contractor in the performance of this contract or the work performed thereunder.
1.02 This indemnification is separate and apart from, and in no way limited by, any insurance provided pursuant to this contract or
otherwise.
2.00 INSURANCE:
2_01 GENERAL,
The amounts and types of insurance required should be reasonably commensurate with the hazards and magnitude of the
undertaking, but in no event of lesser amount nor more restrictive than the limits of liability and schcdule of hazards below
described. Insurance requirements should be,tailored to the type of construction or operations conlemplated.
102 Without limiting its liability under the Contract Agreement, the Contractor and it's sub -contractors shall procure and
maintain at its expense during the life of this contract, insurance of the types and in the Ininitnum arnounts stated bcktw:
SCI I E UU LH LIMITS
W(wkers.Comptmsation Florida Statutory Coverage
& limploycr's Liability (including $100,000 Each Accident
appropriate Federal Acls) $500,000 Discase/Policy Limit
5100,000 Each Employee/Uiscast:
C.t?mmr:rCial General Liability
— Occurrence Basis On{y
Including Premises — Operations
Products Completed Operations
Blanket Contractual Liability
Blanket, X, C, U Hazards
Independent Contractors
Watercraft, if applicable
S1,000,000 Per Occurrence
S2,000,000 Aggregate
Automobile Liability S1,000,000 Combined Single Limit
All autos — ownW, hired & non -owned
(Automobile liability is required when services provide involve automobile use, including the delivery of goods.)
Professional Services Contracts require professional Liability coverage at a minimum Limit of S 1.000,000.
(Professional Liability coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive
dale equal to at least the first date of this contract agreement and continuation of the insurance for claim reporting
purposes for a minimum of two years beyond the expiration dale of this contract agreement.
2.03 Said insurance shall be written by an insurer holding a current certificate of authority pursuant to chapter 624, Florida
Statutes. Such Insurance shall be written by an insurer with an A.M. Best Rating of A X or biller.
2.04 Such insurance shall be endorsed to provide for a waiver of underwriter's rights of subrogation in favor of the City.
2.05 The City of Jacksonville and or it's using agencies as identified in the contract documents shall he named as an additional
insured under the Commercial General Liability Insurance.
2.06 Prior to commencing any work on the project, Certificates of Insurance approved by the Cityj's Division of Insurance & Risk
Management demonstrating the maintenance of said insurance shall be fumishcd to the City .I The certificates shall provide
that no material alteration or cancellation, including expiration and non -renewal shall be effective until thirty (30) days afler
receipt of written notice by the City.
2.07 Anything to the contrary notwithstanding, the liabilities of the Consultant under this Agreement shall survive and not be
terminated, reduced or otherwise limited by any expiration or terminalion of insurance coverage. Neither approval nor failure
to disapprove insurance furnished by the consultant shall relieve the consultant or its sub -consultants from responsibility to
provide insurance as required by the contract.
2.08 In the event any pail of the work to be performed hereunder shall require the CONTRACTOR or its Subcontractors to enter,
cross or work upon or beneath the property, tracks, or right-nf--way of a railroad or railroads, the CONTRACTOR shall,
before commencing any such work, at its expense, procure and carry liability or protective insurance coverage in such form
and amounts as each railroad shall require.
2.09 The original of such policy shall be delivered to the railroad involved, with copiesto
to enter upon or perform any work
to the CITY, the ENGINEER and the
PROGRAM MANAGEMENT FIRM(S), and the CONTRACTOR shall not be
pe
on the railroad's properly until such insurance has been furnished to the satisfaction of the railroad_ The insurance herein
specified is in addition to any other insurance which may be required by the CITY and shall be kept in effect at all tirTleS
while work is being perforated on on about the properly, tracks, or right-of-way of the railroad.
2.10 Depending upon the nature of any aspect of this project and its accompanying exposures and liabilities, the CITY may, at its
sole option, require additional insurance coverages in amounts responsive to those liabilities which only or miry not require
that the CfTY and other authorized representatives also be narned as an additional insured.
FORM fill- 106, revised 7/2003
Temp. Reso. #11557 - Exhibit 2
DEPARTMKN7'(W PUBLIC WORKS
Shade systems, Inc.
Attn_ Man floymon
4130 SW 19th sh wt < - Res M*T r : KiP,i AAMW.
Ocala, FL 34474
Bic: PSC-051 1-06 Contract Renewal AUeement
Sccond Option Renewal
Trice Agreement Contract for Pork and Playground Equipment
The undersigned authorized representative at the company above agrees /
does not agree [3 to exercise a renewal option of SC-0511-06 for the period of
June 1, 2008 through May 31, 2009, understanding that no other terms of the
c..,ntract changa, :nclvoing discount percentages submitted for the original bid.
It 1he renewal option is exercised, the undersigned further agrees to maintain
insurance coverage as set forth in the original bidand to subrhit a workman's
Compensotion insurance certificate showing the city as additional insured with
this renewal document.
Return this signed option renewal and the catalog/pricing intgrmotion for thrr
reri wCal period no later Phan Moy 9, 2008 to:
City of 3acksonvilie
Ann Brackin
214 N Hogan Sl
101" Poor
Jacksonville. K 32202
Printed None: kLoj We-)
Signolure:. _107
1 1 `{+IIII 11bl ni Ilmd lG.i x+uLilk. FI. 1224: Yhux:IMA.235.R797 Yav 9iu_2is.W-h ++uu %Aq.1WI
BID FORM
r � q./za1.2 a__._. Cky of ttt llt 7 r r(1 tint rVt.l_ S['-f1
un cill-116
]r:1�n� t of Prorur!�ne� _
.....,_ *(,Ills Fo)KM M[1!1' SE SIGNED ANDINCLUDED IN DID SURMM iciN__F._,
COMPANV NAM1�'. AND ADr>tdt>':3s
(Shade Systems, Inc.
{4350 N.W. 19 Ave., Unit G
Pompano Beach, Fir 33064
i
NI)wF
�MPI.E lIRFM ""
Liteftewe kv(prire,l with Hid
S08I41T BtD IN DUFLICA11.
THIS Btu WILL VE OVENF.I) 014 "IfigQ 1�
Ir(M1 P.M. IN (,10N1L'F.RFN)CE ROOM C, Tl IRD FUMM, [_1'1'Y IIALL.
RE5t't7NSli'I8)'ro SID mll$T Ag IN INK (PR TYPF.Warrum
BUYER: SaNdy .Arerell TIIUNE: (_�b4) bi30-1444 �..__.._.
01110
Srgrpty cwAm—'t fPom ltwra 1. 211116 rhnt May 3). 2007. wnih two (2) uoa (1) yrw rcntwal illrti,,ns.
No" Rcyutrw
Qr,r,l.ues indicated relleet the apptvaimmc quanlitics to he pnrehamd thtoughaut cnnkact
prrinrl and rrr, fi;Ajrmr In oucluatwtrs iw accumbnee with arlur) mptiremem&
ItNI 'A.L111 I g1Y,S C X'
SUS60 5akrtiVW
(904) 610-1$9S
_NC'Y: parks, kccrrralion and EMtrtaiwaaesll lytpartmeat
PRICE A(i1tFvmuNrr ['0NT►tACr FOR PARK ANTI N_AYGR131.IND EQUI14A"L '. AGRLEMENIf' WfI.L ilk 1N ACCI.)RI)AN('la Wl-it9
A•Y(ACfihiJ'rF.RMS A L1UNDITI()hNS. SPFZiFICA'rlaNs AND sio PR(N'u&AS L FORM&
WASIS OF AWARD: MULTIPLE AWARD TO ALLQUALIFIF.r), RF.SrONS)BLE VENDORS.
'I'FH)KS OF PAYMF,?n`. NEI H %11"Sco"mF —IPA VS
f1J!•5'C71[JN7S rJf'X'1'R/s'!7 i771fPArMtNT PEk!(�LkS OP115STHAN RI DAYS WILL NUTL?F [ L7NSJLTEIIt'U fN A[�Xlli+ti WARS))
�Lf'P. � SrtfslCif�l1
Mir ha.t rra^il�'r'tf. id111�6-4si>•
tlrr�.�l:h
...........
Malarial is FAXIII..1c] r rc � ro rtuium trr! loratwns dneudpxp hdLS villc FL
Daltrefy wlll M rnada in 45 bwlaafi daps rreara raeNpl of powelP a erdeT.
1GnrlwMiep rSian�trve ol'hul []fGecr 1d Finn !lute
Alan Bayman, President 954/971-6066 x1O1 954/97
Print Itrdir]hta.l's Varrre & Title Number FAXJW443.12�{
FORM Gw102, Revisml&I'Mil
PROPOSAL FORM
PRICK AIiICIr.EMENT C ONTRAC" t' FOR
PAKK AND PLAYGROUND EQUIPMENT
BID NO. SC--0511-06
3101)Hlt„ Shade_._Eystetn5, Inc.
-kDDj0i554350 N.W. 19 Avenue, Unit G -- _ _._.__------.------
:.' TY, STATE, ZIP CODS Pornpanv Beacham FL 33064
-iONli 954/971-6066 x101 FJDN 42-1571783 _
fi•Mhll, shadesystemq@c0MCaWL.net
::UNTACT NAML(S) Alan Bayman
1. BIDDER CKrALOG; Fixed percentage discount
f3id&r Shade Systems, Inc.
Discount off list price _ 3 %
Install-mian: Fixed percentage of Cosa (after discounts) of equilttrttent--_._ 120 %
2. MANUFACR)RER CATAIA)GS: Fixed percentage distount
Manufacturer Shade Systems, Inc.
Fixed Peri:estarge Discount of MSKP
lrtstaltatiun: Fixed percentage of Cost (after di.%-*unts) of equiptm:rtt 120'-%
Man a faeturer
Fixed t'crcentage DiseouM off MSttY
Installation: Fixed percentage Drcost (aflerdiscounts) artxtuipatena��_ _ Y.
2. MANUtMACTURIER CATALOGS, Fixed percentage discount (COWINUED)
DEPA-41 MENT OV PFKNI URf?MENT
No*nV1&�A,'i'l�'V OF AWARD AND RELATED ACTIONS
I )A 1 E : G/14i20flG
AI)1)Rll*%S: SHADE SYSTEMS, INC
ATTN: ALAN BAYMAN
43SIO H.W.19 AVE.. UNIT G
POMPANO BEACH, FL 330"
fillet 5c-0611-95
T11'I. E: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
I .aclirs�i..Tcntlrrnen:
'r You art it i umxcSStul hidder on The alx)vc referenced hiJ. 11id is accelved
subject 141 the IctJ11%, Crttldilionsand slipulatttals ill OLIT .i)XVitil:lltkill%.
Perforrnatwo Rand ill the art►n:;nt r)_ 1i (rr." rr(/rrirrrli+r r/r�
ariginrrl hhipy l-&ugc j must be trtumcxf tvllhin HI daym bunt reveirl of
Iltik no titicatinrt. 0%w-ve MdAkk bid number on prrjarpmdm-r hand O'elfrhtnnce I
CONTRACT 1HN'1'MLN"tS OR PI RIL'NASE ORDERTO, FOLL(► it
77111IS NOTAN ORDER.
Awarded ny tidWws:
AS PER ATTACHED AWARD DOCUMENTATION. PLEASE PROVIDE COPY OF
WSIRiAMCE CERTIFICATE AS REQUIRED M BID PACKAGE.
r t1L' Crf'Iy.
SANDY AWRELL
You are not :► %twces%f'uI hiddn-- Rich are avaiNhtu for in-ijk firm ill 011
I k:firuttnestt af' 1'tilctrrcnte►u.
Bid srCuritr is hahev►+itll rclurr-.t:d. f'heck 9 hnit+unl
St. Jamm Oly 1-I411, 117 Wva lloval %#rcet, %uftrd35
Jacksumfil e, fleritla.12202
1Pfmnc-t%4*10-1($d Ir9x:(944)6.W3f51
1.41NIM 4;W 1 Ilk Uri ixed r V- MR'
SUBJECTPRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
BIDa1t 5G-0511-pfi OPEN DATE? 02W2006
GENERAL GOVERNMENT AWARDS COMMITTEE
KIND AND BASIS OF CONTRACT:
SUPPLY CONTRACT- EFFECTIVE DUNE 1, 2006 THROUGH MAY 31, 2II07 WITH TWO (2) ONE {1) YEAR RENEWAL
OPTIONS
FOR: RECREATION
BASIS OF AWARD MUL11ftj &WARD TOQVA—LIF IDDER
NUMBER OF BIDS INVITED LS NUMBER RECEIVER 3 OTHER p
SUMMARY OF 1111§ AND REC MENDED ACTIONS:
RECOMME1W APPROVAL TO AMEN THE CONTRACT TO INCLUDE COOPERATIVE PURCHASING LANGUAGE-.
WHICH WILL ALLOW OTF'IER GOVERNMENTAL AGENCIES TO UTILIZE THE CONTRACT.
UPON CONCURRENCE FROM THE VENDOR, ALL PRODUCTS ANMOR SERVICES UNDER -THIS CONTRACT SHALL
BE MADE AVAILABLE TO ANY MUNICIPALITY, COUNTY OR STATE [GOVERNMENT; PVS IC UT'ILfrY: IT NON-pRo
W)SPITAL;1A)LICATIONAI iN5I'llUl F, OR SPECIAL GOVERNMENTAL AGENCY, UNDER TFjE SAME TERMS,
rONDI IONS. AND PRICING -
A I'l ACI IME:NT: ORIG GAL AWARD
BUYER', . 'l/E a. .. RESPECTFULLY SUBMl7T A _
sANbY ERELL - (kvin J. pled, I im- lof
OtTarll"kno ofPrmt rcm 01
CONCURRENCE BY: ROBE&rWICISER, CONTRagI COMPLIANCE
(ALL AWARD ACTIONS SUBJECT TO AVAILABILITY OF FUIJM_...�...
ACTION OF AWARDS COMMITTEE ON RECOMMENDATIO ABOVE
R,IFMBER/S� APPROVING ....._._..,. MEMBERS DISAPPROVING TE: ...__-.
OTHER:
ACTION OF AWARDINGG( AUTHORITY DATE:.
APPROVED { DISAPPROVED
OTHER
SIGNATURE OF AUTHENICATION r
Roslyn M. PM1109
a��v�y cw.f nfNK•�a amcer FORM d6-10e. Revised 720007
For: Mayor John P4VWf1
Under Authority of;
Executive Jrd®r No. WID3
�l'11,11:c r. 11100 A(:1tE'1:.31F.IsT(.070It:ACI F[)ftI',>RKAND I'1.A1f.k(i1;41)F:[ E?Ii'1►Ih.;V1
Ill I>!i ic'=ir i 1-at, OPUN 1)a11•11: ArM2006
GENERAL G,GVERNMENT AWARDS CUMMITI=E
KIN It A N 1) IlA.9S OF C'ON't-RAC" C:
. UNE 1, 210I6 1'FlltOUG11 h1AY 3I, 2(111" %VITH 'I_WO l•) ONV t rl l F.AR RF s I,%k-A1.
0141ON's
1'r]It:, I�M1tM7& I.ti_�1k1'hFNi .. , VFVtt1u
BASIS(.)1• AWAR1): MULTIPLE TIP 4' )''1 A1LL &U-11:1F:1) RiIH)f:'k5
N'tImpill'At OF BID% ONVI.1'F;i). 5_ NUNIBFR Fli:f"i'11'F:U- lei __11TIrEW U
tit�P1A•f�,►Ft1' E'))•` liil.)ti :Ahl.) kF:(.'r�1h1►1F�NU� :l[i•N'i�)(Vti:
Rt:C'CK4EWD APPROVAL TO AWARE) ALL VENOMS LISTEL► ON THB ATTACHED TABULATION SHEET (EXHIBIT .I)
FOR A W. YACE OF AUPPLS TO F'URN7SH, DELIVER, AND THE INSTALLATION OF PARK A,N!_1 11AYGR00w)
k".QU1W.FN'1 AS LISUP IN THE (:ATA:,CX;S $UPPLIBD BY THE VEN"S AT DTSCOUNTS M..)VI.r3.ED ON FTIJ`':
;r)TAL ESTIMATED AF OUN7 OF EXPENDITURE. $1 , 500, 000 . C►O.
A'i'7'AC,}tN1k:N'rS: ].y i{P.L:GM�SF:N?:il�T.it7N
r1 SC=c�F>F:
3) TAD SHEET
ItE YF:FI: ..__ j• `I _ RF,; ;'PCC'T114IL.LY SUIlIkIll F-I'F U
SANDY) 'F.KFI..t.. fievi►►J. Rt*.l, 11perrrtur
11'r0enn+mtn4 lk-purtment
E:ORC'l kkM-NE.'I: BY- WIL71',±, tilLE'4 : )fYI I() C'FIIFI.,PALM 1)F:VF:LOPM1:�'1 !)IViSI{}P►
(ALA. AWARDS AC.7'4) AA'AILAf111.17 V 4"1F FU;tit)5)
At-1'I0'1 OF A\A'ARW C'0MMf7-1'F;1 ON CP0 RLC[)MMF, JOATIONS AF (wF:
111r IFit� �}i'1 iti)w'ITSC: IllrMl1C*K DISAPPROVING ti} j
OTIJER
ACI ION OF AVti.ARDINC AIMIORITY
AI•PRt)V11:1).,,-..--.-.--...K.L,.,-,.L. DI%API'1;i0%,F.R
1r:ti,A'rt<1t1•:r)F:A1+-r11F;tiYtr.:.At-1u� :`,r ', �--,i�.,.
r
Roslyn M. Phi'*Ps FORM 00-108, Revisvfii mow
deputy Chief operating MOM
For: Mayor Jahn Peyton
tinder AW%on ty Of:
Execptive Order No. 06-M
i
DEPARTMENT OF PROCUREMENT
NOTIFICATION OF AWARD AND RELATED ACTIONS
DATE: 6/17/2009
ADDRESS: Shade Systems, Inc.
4150 SW 19th Street
Ocala, FL U474 JUN 2 0 2008
Attn! Alan Bayman
BID# SC-0511-06
TITLE: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
Ladics/Gcntlemcn:
Sipgrely.
�i
NICE SM
You are a successful bidder on the above referenced bid. Ilid is accepted
subject to the terms, conditions and stipulations in our specifications.
Performance Bond in the amount of (as requh-ed in the
original hid package) must be returned within 10 days Itoin receipt of
this notification. (Please include bid miniher an performance band rennittance)
CONTRACT DOCUMENTS OR PURCHASE ORDER TO FOLLOW.
TIIIS L4 NOT AN ORDER.
Awarded as follows:
Second and Final Renewal Option. Period of Service June 1, 2008 thru Play 31, 2009.
_ You are not a successful bidder. [aids are available for inspection in the
Department of Procurement.
Hid security is herewith returned, Check # Amount
St. James City Hall, 117 West Duvnl Street, Suite 335
Jacksonville, Florida 32202
Phone: (904)630-1184 F2x: (904)630-2151
FORM ti11-110. Revised 1221N13
DEPA I-1 MENT OF PROCUREMENT
4'
NOTIFICATION OF AWARD AND RELAI 1FD ACTIONS
DA'I•F:: W1412006
�1)1)Ri;titi: SHADE SYSTEMS, INC
ATTN: ALAN BAYMAN
4350 N.W. 19 AVE.. UNIT G
POMPANO BEACH, FL 33064
nil)# SC-0511-06
'I.ITI.F.: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
.adios ( ienllcnten:
You area successful hidden on the above referenced hid. laid is accepted
sutticet to the terms. conditions and slipulations in (tul' specifications.
PerfOrm-mcc Bond in the a110ct111 of S _---- Ws 11,7111il'i'd in dw
'Wi•t.-incd bul puc'krn;c) must he retul'ned within Ill d,iys from receipt ol•
this notificalion•(!'lea�einrhrrlr•f4i�/rtunthc•run ptrfnrntunrehan�lr�ruirhrnec I
(Y)NTRAU 1• IXWUNIEN I'S OR PUR(AIIASE ORDER TO FOI.1,O'1� .
THIS IS 1Vo'!'.•I:v 0RDER.
A%wrdCd as li)lI4mS:
AS PER ATTACHED AWARD DOCUMENTATION. PLEASE PROVIDE COPY OF
INSURANCE CERTIFICATE AS REQUIRED IN BID PACKAGE.
you are nol a suecesslul bidder lids are availahlc lit" inspection ill the
I)rpartntenl ufl'rnetu•ctncnt.
tiinrcrely.
SANDY AARELL
;id sectinla is hel— with rctu"ncd; ('heck # Amount
.lames ('ilk flail, 1 I7 Vtiesa Ihtt'al %ircet, Suite 3=5
.Isteksoawille, Florida 12202
Phone: (9itJ)6XO-1124J Fa-t: (904)6;0-2151
SUBJECT: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT
BID# SC-0511-06
OPEN DATE 412612006
GENERAL GOVERNMENT AWARDS COMMITT E
KIND AND BASIS OF CONTRACT: ONE (1) YEAR RENEWAL
SUPPLY CONTRACT- EFFECTIVE JUNE 1, 2006 THROUGH MAY 31, 2007 WITH TWO (xJ
OPTIONS
FOR. RECREATION
BASIS OF AWARD: MULTIPLE AWARD TO ALL QUALIFIED BIDDERS
NUMBER OF BIDS INVITED 35 NUMBER RECEIVED 35 OTHER 0
SUMMARY OF BIDS AND RECOMMENDED ACTIONS:
RECOMMEND APPROVAL TO AMEND THE CONTRACT TO INCLUDE COOPERATIVE PURCHASING LANGUAGE
WHICH WIt.L ALLOW OTHER GOVERNMENTAL AGENCIES TO UTILIZE THE CONTRACT.
UPON CONCURRENCE FROM THE VENDOR, ALL PRODUCTS AND/OR SERVICES UNDER THIS CONTRACT SHALL
BE MADE AVAILABLE TO ANY MUNICIPALITY, COUNTY OR STATE GOVERNMENT; PUBLIC UTILITY; NON-PROFIT
HOSPITAL: EDUCATIONAL INSTITUTE; OR SPECIAL GOVERNMENTAL AGENCY, UNDER THE SAME TERMS,
CONDITIONS. AND PRICING.
ATTACHMENT: ORIGINAL AWARD
BUYER: jfi Z'f.- �f RESPECTFULLY SUBMITT D- -
SANDY VERELL Devin J. Reed, Director
Departmemol'Prowcuret ei
CONCURRENCE BY: ROBERT WICKER CONTRACT COMPLIANCE
(ALL AWARD ACTIONS SUBJECT TO AVAILABILITY OF FU
ACTION OF AWARDS COMMITTEE ON RECOMMENDATIO ABOVE
MEMBERS APPROVING ..-.. MEMBERS DISAPPROVING C0THER:—..
'�r 1�r�
ACTION OF AWARDING AUTHORITY DATE:
APPROVED A _ DISAPPROVED
OTHER
SIGNATURE OF AUTHENICATION — _Y
Roslyn M. Phillips
Deputy Chief Operating Officer
For: Mayor John Peyton
Under Authority of:
Executive Order ND. 06-M
FORM 013-103, Revised 12/2003
ND
�l'li_IFa 1 : YR!( I::\(�IZF:FA1r N'T C'C)N"rRA(-.l FOIi PARK AND PLA {)4'L �(l7 VTI•: 4/26 2)T OD6
GENERAL GOVERNMENT AWARDS COMMITTEE
KINDAND I3Atilti ()i: C ()NI RA("1":
S(IPI'I.Y CONTRACT- I�.FFF('I IVF .IUNt. 1, 21)1)6 7'FIROU(�N MAY 31, 2l107 W ITH TWO (2) ONE (1)1' FAK RENEWAL
O1'•1'IONti
FOIt: PARKS, Rl,(,RE,%T10N EN'1'ERTAINNIEN"f & (:ONSERVA'i'ION UEI'AR`T1111:V7'
HASIS OV AW'ARD! till l:r 1'LF: AWARD T(1 AIA- UALIFIEI) RIDDERS
NtIA1111'It ()1 lill)ti IN\'1 f'F:1): 15 NtIM11F.R RFC F.IVF:I): 35 01 IiFlt: (1
titIMMAItY 0 F 1111)ti :\NI) RF;COM17MF.NI)F1) ACTIONS:
RECOMMEND APPROVAL TO AWARD ALL VENDORS LISTED ON THE ATTACHED TABULATION SHEET(EXHIBIT 1)
FOR A SOURCE OF SUPPLY TO FURNISH, DELIVER, AND THE INSTALLATION OF PARK AND PLAYGROUND
EQUIPMENT AS LISTED IN THE CATALOGS SUPPLIED BY THE VENDORS AT DISCOUNTS PROVIDED ON AIDS.
TOTAL, ESTIMATED AMOUNT OF EXPENDITURE $1,500,000.00.
ATTACHMENTS: 1) RECOMMENDATION
2) SCOPE
3) TAB SHEET
RESPFC..r1•ULLY StIBMITTE0
SANDN' VERFLL Devin.l. Reed. Director
Procurement Dehartmeol
('ON('IJR14ENCV R : I'1111,IP.1. lilt UCF, DIVISION (IIIFF, PARK DFVFLOPMF.NT IAVISION
(A1.1. AWARDS ACTIONS it113.IECT I.O AVAILA111L1'1'Y OF FUNDS)
ACTION OF AIVARDS C'OMMFr1FF; ON CI'O RECOMMENDATIONS ABOVE
tiMNf1t�ti AKROVINCMEMBERS DISAPPROVING )A'rE::
ACTION Ot' A\1'Altl)IN(: All'l'FIORI'r'Y
API'ROV1:1___. — UISAP11R0VFD:
c)r1iF:lt:
tiu:NATUltl•: OF :\l.Tlr -------._—
ENTIC'ATIONIt
i
Roslyn M. Phillips
Deputy Chief operating Officer
For: Mayor John Peyton
Under Authority of:
Executive Order No. 06-03
FORM Gs-108, ReVlsed12/2003
BID FORM
1)A'1'E: -- —4 f? a i 2 QQA-- City of Jacksonville REQUENr 7'0 BID NO, SC-0511-06
DcLurtment of Procurement
TIIIS FORM MUST BE SIGNED AND INCLUDED IN BID SUBMISSION
COMPANY NAME AND ADDRESS SUBMIT BID IN DUPLICATE
Shade Systems, Inc. THIS RID WILL HE OPENED ON04-a(A'2ft
4350 N.W. 19 Ave - r Unit G 2:00 P.M. IN CONFERENCE ROOM C, THIIRD FLOOR, CITY HALL.
Pompano Beach, FL 33064 RESPONSE(S) TO RID MUST BE IN INK K)R TyrEWRITTF.N
FID+SSNN _ BUYER; S2ndy Arcrell PII NE: 9114 63U-1498
BtD tiN C11R1"i'Y Ri;UI11RFMEN'1'S TERM OF CONTRACT
NONL Uthcr
Supply contract from June 1, 2006 thru May 31, 2007, wfih two (2) one ( 1) year renewal Options.
SAMPLE RE0 IIIREM.VNT PERFORMANCE BOND
Literature Required With Bid None Required
Qt1ANfurIF.S- F fFCIINI Ai. IN UIRIES CO ACT:
Quanlities indicated reflect the approximate quantities to be purchased throughout contract Susan Sallsgiver
period and are subject In fluctuatiolts in accordance with actual requirements. (904) 630-3595
AGENCY: Pxrks, Hcereation and Entertainment Deparbslent
PR ICI{ AGRI:I;M1'NT CONTRACT FOR PARK AND PLAYGROUND EQIJIPMENT. AGREEMENT WILL [IF IN ACCORDANCE WITH
A'II'ACHI{I)'TFRMS & C0Nbi-noN5, SPECIFICATIONS AND Bit) PROPOSAL FORMS.
BASIS OF AWARD! MUI.TIPLr AWARD TO ALL QUALIFIED. RESPONSIBLE VCNDORS.
TERMS OF PAYMF:N'1': NE oR %DISCOUNT _DAYS
(DIS O(fiN!'S OFFL'RFI) F AYAfF.NT P£kfODS OF LESS THAN 30 DAYS WILL NOT BE CONSIDERED IN AfAKJNG AWARD)
Bidder's Calificrtin■ Material is F.O.B. Delivered to wariola Park locations I1hus Ool Jacksonville- F.L.
Delivery will be made in 4 5 business days from receipt of purrhsse order.
We luxe received pddawtr Handwritten Sigruntue DfAutfo&i1ed Officer of Firm
drrotth Alan Bayman, President 954/971-6066 x101 954/97
Prim individual's Narnc & Tillc Phone Number FaxFaxNoMbW
FORM GB-102, Revised 6119911
PROPOSAL FORM
PRICE AGREEMENT CONTRACT FOR
PARK AND PLAYGROUND EQUIPMENT
BID NO. $C-0511-06
BIDDER Shade S stems Inc. --_.
ADDRESS 4350 N.W. 19 Avenue, Unit G
CITY, STA3'E, "CIP CODE Pompano Beach FL 33064
P}IONS: 954/971 -6066 x101 FIDtt 42-1 571783
E-MAIL shades sterns@comcast.riet .-.
COWACT NAMES) Alan Bayman
Bidder
I_ BIDDER CATALOG: Fixed percentage discount
Shade Systems, Inc.
fliWOUnt off list price.
3 %n
Installation_ Fixed percentage of cost (after discounts) of equipment 1 20,%
2. MANUFACTURER CATALOGS: Fixed percentage discount
Manufacturer Shade Systems, Inc.
Fixed Percentage Discount off MSRP _ 3 %
Installation: Fixed percentage of cost (after discounts) of equipment 120 %
Manufacturer
Fixed Percentage Discount off MSRP
Installation: Fixed percentage of cost (after discounts) of equipment_
2. MANUFACTURER CATALOGS: Fixed percentage discount (CONTINUED)
BID SPECIFICATIONS
FOR
PRICE AGREEMENT CONTRACT FOR
PARK AND PLAYGROUND EQUIPMENT
"PERMS AND CONDITIONS
SCOPE:
The purpose of this bid invitation is to establish a firm, fixed percentage discount from manufacturer's and/or bidder's current catalog
price list Fur the purchase of various park and playground equipment requested by the Department of Parks, Recreation,
Entertainment and Conservation, City of Jacksonville, Florida. Additionally, this bid invitation shall also establish a firm, fixed
percentage of manufacturer's and/or bidder's current catalog price list, aflcr applying the above requested discount for purchase, for
the installation of various park and playground equipment requested by the Department. It is understood that current catalog price
lists are subject to change; however, percentages shall remain fixed. No extra charges or compensation will be allowetl for
installation.
RF %l"ONSI BI LITY:
Bidder shall be responsible for all labor, materials, cquiprnent, supervision, off-loading, storage, and installation, of all park and
playground equipment ordered, unless otherwise specified by the City of Jacksonville, Florida. The City may elect in certain
circumstances to purchase only materials and have those materials installed by others (e.g., volunteers). T cse items will he shipped
to a designated location and off-loaded by the bidder or bidder's representative.
QUALIFICATION OF I IDD EHS:
If a bidder utilizes a sub -contractor installcr(s) for any park or playground equipment,
it must submit a list of its sub -contractor installer(s) with this bid. Additionally, it shall
supply WRITTEN FACTORY/MANUFAcTURER CERTIFICATION that it, or its sub-conlraclor installer, is an authorized installer
certified to install playground equipment as required by each manufacturer. Failure to complete this requirement of the bid proposal
may result in rejection of its hid.
COMPI.IANC'F; WITH SPECIFICATIONS,
Bid only on items that rrteei specifications. Bid only a single offLring for each bid item. Do not bid multiple offerings or "altertuites."
Bid only tin ftxmts supplies, using ink or typewriter. All corrections must be initiated. Bid only new, unused material.
CATALOGS AI.U(:S AND MANUFAC PU1iN R SUt;CN S'PEll RETAIL PRICE _L q§R_M LISISS:
Each bidder shall submit with this bid at no charge two (2) sets of each current catalog as well as current MSRI' list for each catalog
submitted. All catalogs and/or MSRI' lists shall clearly identify the bid number and the bidder's narne, atklress, and tcicphorx:
number. Additionally, each bidder awarded an oplion year renewal of this contract will submit at no charge two (2) sets of each dicn
current catalog as well as current MSRP list for each catalog submitted, within 30 days of award of an option year renewal.
COMPLIANCE WITH LAWS AND CODES:
Bidders must strictly comply with Federal, State and local building and safety codes. Equipment must meet all State and Federal
safety regulations. The following publications (issue in elfe:t on dale of invitation to bid) shall form a part of this spcciftcation:
A. American Society for Testing and Materials (ASTM):
ASTM-F1487 Standards Methods of testing Playground Equipment for
Public Use.
ASTM-F1292 Standards Methods for testing various surfacing materials
to determine their "critical height" (the fall height
below which a life threatening head injury would
not be expected to occur).
Copies may be obtained from American Society for Testing and Materials, 100
Barr Harbor Drive, West Conshohocken, PA 19428.
B. Consumer Product Safety Commission (CPSC) - printed Handbook for Public
Playground Safety. Copies may be obtained from U.S. Consurner Product
Safety Commission, Washington, D.C. 20207.
C. National Playground Safety Institute (NPSI)- identification of 12 leading causes
of injuries on playground. Copies may be obtained from National Recreation
and Park Association, 2775 South Quincy Street, Suite 300. Arlington, VA 22200.
D_ Americans with Disabilities Act (ADA) Regulations for Title III, Appendix A.
Standards fur Accessible Design, issued by the Department of Justice_ Copies may be obtained by calling (800) 514-0301.
Bidders certify that all products (mulerials, equipment, processes, age appropriate signage, or other items supplied in response to this
bid) contained in its bid meet all Federal and State requirements. Upon completion of installation of play equipment and/or
playground surfacing, bidder shall furnish to The City of,lacksonville a certificate so stating the equipment/surfacing and its
installation meet all Federal and State requirements as outlined in the above publications.
[udders further certify that if the product(s) delivered and/or installed are subsequently found to be deficient in any of the
aforenxnlioned requirements in effect on date of delivery, all costs necessary to bring the product(s) and installation into compliance
shall be borne by the bidder.
AWARD:
Multiple awards will be made to any and all responsive and responsible bidders. There is no guarantee any purchase order will be
issued after award. Purchase orders will be issued subject to availability of funds.
INVOICING:
Invoices will be issued once supplies arc shipped and delivered to our using agencies. At a minimum, invoices must include:
Purchase Order number, Itern Number and Description, date of shipment, quantity ordered, unit price, unit of measure, and a total for
all purchases. The vendor will work with the Procurement and Accounts Payable Division to detcrmine mutually agreeable
alternatives to invoicing such as: summary Billing Reports or Electronic Data interchange (ED1). Standard payment terms are Net 30
Days.
TERMS OF CONTRA(71':
The Price Agreement Contract for Park and Playground Equipment will be from June 1, 2006 through May 31, 2007, with two (2) one
(1) year renewal options.
Renewal option(s) are at the discretion ofthe City based on the successful bidder(s) performance and adherence to the terms,
conditions and requirements in maintaining firm percentage(s) for the following year(%), within 30 days of contract expiration. All
percentages will remain firm for the period of each contract year.
STATE CON fRAC -&
The City is entitled to purchase from contracts established by the State of Florida. Should the State establish a contract for horn or
items on this bid, the City reserves the right to cancel This contract in whole or in part and purchase those item(s) from the State
contract, if in its best interest.
MET11101) OF ORDERINQ
The City of Jacksonville may generate a Request For Quotation (RFQ), on an "as needed" basis, for park and playground equipment
for individual projects, together with a request for additional services required to complete that project (see sample "Request For
Quotation" sheet attached to Ilwsc specifrcalions). The City reserves the right to send such RFQ to any or all awarded bidders. The
RFQ can define a project exactly (number and specific type of equipment required), of the RFQ can describe a desired end result,
allowing the bidder to design the park or playground site.
Alter generating an RFQ for a project, and before bidder's submission of its quotation in response to the RFQ, the City will require
requested bidder(s) to attend a site visit with City personnel to familiarize the bidders) with the site and determine additional krviccs
that may be required to complete the project. Such services may include, but are not limited to, sidewalk and/or concrete work,
borders, site clearing, site work and restoration, fill, drainage pipe laying, etc. Bidders will he responsible for the accuracy of all fixed
measurements.
The bidder's quotation in response to the RFQ must contain each of the following:
a A detailed breakdown of the cost for the entire project. All equipment quoted shall be on a component basis, listing each
component pan number and current component MSRP. Descriptions of additional services required, together with their price,
shall also be listed, such as freight charges, sidewalk and/or concrete work, site clearing, site work and restoration, fill, drainage
pipe laying, borders, etc.
• Names of any and all subcontractors on the project, together with their designated work and costs. It is understood the bidder
remains responsible for project completion and acceptance by the City. The City reserves the right to reject any quotation in
response to an RFQ if said quotation names a subcontractor who his, in the sole opinion of the City, previously failed in the
proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform
properly under this award.
• A date certain by which the project must be completed.
• Include an updated catalog, if needed, and updated MSRP lists for the park and play equipment specifically quoted
-i'he City will generate purchase orders as a result of approved "Request For Quotations" submitted, at'thc sole discretion of the City.
The City reserves the right to not award to any, or to go outside the contract to award.
PROMOTIONAL. PRICING:
During the contract period, bidders will extend any pricing offered on a "promotional" basis from the manufacturer to the City. It will
be the bidder's responsibility to monitor said items and report any that are or will be offered at lower prices.
F.O.R. POINT FREIGHT :
On any Request For Quotation, the City will indicate the exact installation point. The bidder must then set freight charges, offering
F.O.B_ delivered. This price will be indicated on any purchase order issued. Bidders are responsible for supplying all IaM)r, materials,
and equipment required for the off-loading and placement of items as directed at all delivery locations, without the assistance of City
of Jacksonville personnel_ Additionally, bidder will arrange for and be responsible for any storage of materials and cquipnx nt
received.
PERMITS, FFFS AND NOTIFICATIONS.:
It shall he the bidder's responsibility to secure and pay for any and all permits that may be required to accomplish the work
associated with the performance of these Bid Specifications. The City will not honor any request for payment orpermiis.
PAYMENT:
Price agreement contracts will be issued only to the vendor/manufacturer who submitted an awarded bid proposal. No splil order
payments separating equipment vendor payment from installer payment will be issued by the City of Jacksonville. Payment for
installation charges will he the responsibility of the bidder. Payment for both equipment and installation will be made only upon
completion of the entire scope of work and subsequent acceptance by the City of Jacksonville.
WARRANTY -
Hie successful bidder shall fully warrant, In writing within 30 days of final acceptance by City, all furnished or furnished/instaIled
equipment to be free of defects in materials and/or workmanship for a period of at least one (1) year from date of installation and
acceptance by City of Jacksonville. Successful bidder shall repair and/or replace, at no additional cosh to City of Jacksonville, any
defects ur malfunctions noted during the warranty period. In addition, successful bidder shall transfer any manufacturer's guarantee to
the City, in writing within 311 days of final acceptance by City, for supplier/installer furnished equipment extending beyond this
contract period.
SUPERVISION.
A bidder job supervisor/representative will be on the work site at all tirnes and be thoroughly knowledgeable of the Trtatcrials, job
requirernents, plans, specifications and installation functions.
JOB COM PIX I'ION:
Bidder/contractor/installer will he responsible for all materials received and signed for from date of order to completion of job
installation.
Bidder/installer will be responsible for clean up and removal of all debris resulting in job completion, leaving work site in neat and
orderly fashion at the end of each workday. Additionally, bidder/installer will be responsible for restoring the work site to its original
condition at the completion of the project.
RFSPONSIBILCfY FOR DAMAGES AND PRF.%IKRVATION OF PROPERTY:
The bidder shall use due care to avoid damaging all property associated with, adjacent to, or in any way affected by the work being
performed. This applies to private property as well as public property and all utilities which may exist within the work area. Any
damage occurring to such items by bidder shall be immediately repaired or replaced to a condition at least equal to that which existed
prior to the damage. All costs incurred for repair or replacement shall be borne by bidder. Any damages not repaired or replaced by
the bidder within ten (10) calendar days from notification will be fixed by the City or its contractor, and the cost shall be paid by the
bidder or deducled from their invoice.
VIOLATIONS/DEFAULT-
In the event the awarded bidder(&) should violate any provisions of this bid, such bidder will be given written notice stating the
deficiencies and given ten (10) days to correct deficiencies found. The City reserves the right to terminate any contract at any time
due to any violation.
In the event the awarded bidder(s) should breach this contract, the City reserves the right to seek all remedies in law and/or in equity.
Failure of an awarded bidder to adhere to compaction dales defined in its Request for Quotation may result in no further awards being
made Iu such bidder under this Price Agreement Conrad_
CQRRF("1'I0NS MADE BY BIDDER'
Bidders are cautioned not to obliterate, erase, or strike over any printed material asset forth in this bid invitation. In quoting prices,
whether unit prices or total price, wherever bidders have made an error, or has corrected it, any and all such currections should be
initialed by the person signing the bid cover sheet_ Failure to comply with this provision may result in rejection of hid.
GYNERAI. CONDITION5:
Signature on bid form verifies that the bidder is acquainted with the general conditions contained herein and will comply with ail
specilications, lermw and conditions contained in this bid invitation.
INSUKANC E WORKER'S COMPENSATION,
The contractor shall take out and maintain during the life of this agree"eni, worker's compensation insurance for all of his employees
connected with lite work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to
provide worker's compensation insurance for all of the laltci s employees unless such employees are covered by the protection
afforded by the contractor. Such insurance shall comply fully with the Florida worker's compensation law. In case any class of
employees engaged in hamdous work under this contract at the site of the project is not protected under the workmen's compensation
statute, Ilrt contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the purchaser, for the
protection of his employees not otherwise protected. The awarded vendor must submit a copy of an insurance ecrlilieale naming the
City as atidilionai insured no later than ten (10) days after the award has been made.
C(1()PFRA'FIVF PURCRASF,S:
This is a► cooperative purchase contract. State law allows any government agency and any accredited school in the state to buy of (his
contract without going 10 hid, as lung as it does nut conflict with any of their local regulations.
Shade _Its
INC.
t4 coolest solrwtiom un4er t6t sin
April 24, 2006
SENT VIA UPS OVERNIG T COUJUER
City of Jacksonville
Department of Procurement
Buying; and Administration
117 West Duval Street — Suite 335
Jacksonville, FL 32202-3469
RE: Bid No. SC-0511-06 / Price Agreement Contract for Park Equipment
Dear Sir or Madam:
Enclosed you will find our bid submittal pursuant to the above -captioned Invitation to
Bid. Also enclosed arc two (2) stamped, self-addressed envelopes as required for your
use in returning a copy of the bid tabulation(s).
Please note that Shade Systems is the manufacturer of the products bid, and as such we
also perform our own installations. Accordingly, there are no subcontractors to list in the
attached bid.
Thank you for the opportunity to bid your shade requirements. We look forward to
hearing of your determination.
Sincerely,
V,"*-
Alan Bayman
President
Encl.
4350 N.W 19 Avenue, Unit G • Pompano Beach, FL 33064
Tel: 954-971-6066 - Fax. 954-971-1208 • Toll Free: 1-800-609-6066 • www.shadesystemsinc.com
SCHEDULE OF SUBCONTR.ACTORJSUBCONSULTANT
PARTICIPATION
NAM[ -'Of"
BIDDER
Shade Systems, Inc_
__.....__..—�
PRonicrTITLF
Prue AGreement Contract
�
for Park & Pla
round E uipment
BID
TOTAL BASE BID
AMOUNT
NUMBERSC_
0 511_-�6 _
v
*Please list all MIXES or JSEBS first
NAME OF SUR
ADDRESS OF TYPE.
TYPE OF
TOTAL
FIRM
FIRM OF SUB
WORK TO BE
CONTRACT
(ifceriitkdj
PERFORMED
VALUE:
The undersigned acknowledges and agrees that, if any of the above -listed MBEs and/or JNLBs are
not, for any reason, properly certified with the City, in accordance with Ordinance 2049-602,
at the time of bid opening, the same will not be counted toward meeting the participation
percentage goal as defined herein.
The undersigned will enter into a formal Agreement: with the MBE / JSFB
Suppliers/consultants/Subcontractors identified herein for work listed in this schedule, as
well as any applicable alternates, conditioned upon execution of a contract with the City of
Jacksonville. Under penalties of perjury I declare that I have read the foregoing conditions
and instructions and the facts are true to the best of my knowledge and beliefs.
Signature: Title Date: 6
_ President `tj�.!
Sign;� urt: of Prirnc n ctor
Print Nainc. Alan Bayman
Attach additional list of subconiractors/subeonsultants as needed
FORM 1 10104