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City of Tamarac Resolution R-2006-107
1 and Temp. Reso. # 10987 June 9, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- 10 -7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NUMBER 06-21B TO W.W. GRAINGER, INC., FOR THE PURCHASE OF THE ANNUAL REQUIREMENTS FOR ROOF TARPS FOR THE CITY OF TAMARAC AND ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE FOR A PERIOD EFFECTIVE UPON AWARD OF THE AGREEMENT, FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO EXERCISE UP TO THREE (3) ADDITIONAL ONE (1) YEAR RENEWALS, AUTHORIZING EXPENDITURE IN AN AMOUNT NOT TO EXCEED $100,000.00, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is located in a high velocity wind zone; WHEREAS, as a result of a hurricane, substantial roof damage may occur to roofs throughout the City; and WHEREAS, it is in the best interest of the City and its residents to be able to assess roof damage for structures within the City in an expeditious manner immediately following a storm; and WHEREAS, provision of roof tarps to residents will help to control additional damage resultant from unprotected roofs; and WHEREAS, specifications were submitted and bids were solicited for the Temp. Reso. # 10987 June 9, 2006 Page 2 purchase of roof tarps on an annual basis on behalf of the City and the Southeast Florida Governmental Purchasing Cooperative; and a copy of said bid is included herein as Exhibit "1 "; and WHEREAS, bids were received on June 7, 2006, from the following bidders, a copy of said bid tab is included herein as Exhibit "2": and W.W. Grainger Cover Me Tarps $447,779.80 Bid incomplete. Restrictive terms placed on $535,590.44 bid WHEREAS, the bid submitted by Cover Me Tarps was deemed non- responsive, due to a failure to maintain firm bid pricing for the length of the agreement without payment of a 25% non-refundable deposit, and delivery times extending as long as 120 days, a copy of said exception is included herein as Exhibit "3"; and WHERAS, the bid submitted by W.W. Grainger, was the lowest responsive and responsible bidder at $535,590.44, a copy of said response is included herein as Exhibit "4"; and WHEREAS, funding was appropriated by the City Commission in the FY 06 budget for said purpose; and WHEREAS, the Financial Services Director and the Purchasing and Contracts Manager recommend that the City award the bid to W.W. Grainger, Inc. for the purchase of annual requirements for roof tarps; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to 1 L 1 Temp. Reso. # 10987 June 9, 2006 Page 3 award the bid for the annual requirements for roof tarps for the City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative to W.W. Grainger, Inc. for a total price estimate of $535,590.44, with City of Tamarac estimated quantities totaling approximately $100,000 as may be necessary to provide for the safety of City residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to award Bid Number 06-21 B, and execute an Agreement, attached herein as Exhibit "5" for the purchase of the annual requirements for roof tarps for the City of Tamarac and the Southeast Florida Governmental Purchasing Cooperative to W.W. Grainger, Inc., in the estimated amount of $535,590.44, with City of Tamarac expenditures estimated at approximately $100,000, as may be deemed necessary to provide for the safety of residents. SECTION 3: Furthermore, the bid submitted by Cover Me Tarps is deemed non -responsive, due to bid exceptions that were contrary to the requirements of the bid. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof Temp. Reso. # 10987 June 9, 2006 Page 4 to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2006. b,. BETH FLANSBAUM-TALABISC MAYOR ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 1 TR 10987 EXHIBIT 1 INVITATION TO BID BID No. 06-21B ANNUAL REQUIREMENTS FOR ROOF TARPS City of Tamarac Purchasing Division 7525 NW 88t" Avenue Room 108 954-597-3570 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 06-21B BID TITLE: ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE/TIME: June 7, 2006, 2:00 P.M. BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE, BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTC-9 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. M4►14:L1Rh140Jj&F-1►hIK61LIellIIs] `&1 These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. "=41T7iiIR14[C21141a1:1=1=]17 The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All bids shall be submitted in the English language. All prices, terms and conditions quoted in the submitted bid shall be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a G TO-2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. G. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. W) 5144IN=11 7 All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. G TC-4 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder 13, BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. G TC-4 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE:. TAMARAC, FL 33321 954-597-3570 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25_ INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract if required by the City. Line of Business/ Occurrence Aggregate Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury $1,000,000 $1,000,000 Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause G C-.5 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 Automobile Liability $1,000,000 $1,000,000 Workers' Compensation Statutory & Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager, The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. BID TABULATION Bidders may download the bid tabulation directly from the Internet at http://www.tmarac.org/Dept/fin/ourch/resuIts.htm1. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3)(a), or within 10 days after bid/proposal opening, whichever is earlier.. GTC-B SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. G TC-i City of Tamarac Purchasing and Contracts division IIUPIi-IF-A11 W►it01:]1all BID NO. 06-21 B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until June 7, 2006 at 2:00 p.m. (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH & DELIVER ROOF TARPS The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original bid, clearly marked "Original', shall be submitted on the official bid form furnished with this bid package. Two (2) photocopies of the submitted bid should accompany the original; however, copies must be made available within 3 business days of the City's request. The submittal should be plainly marked "Bid No. 06-21 B, Furnish & Deliver Roof Tarps, opening on June 7, 2006 at 2.00 p.m." on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 597- 3570. Keith K. Glatz, CPPO Purchasing & Contracts Manager • Publish Sun Sentinel: Sunday, May 215t and 28t", 2006 City of Tamarac Purchasing and Contracts Division SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE Cooperative Purchasing: The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. FOR THE PAST SEVERAL YEARS, APPROXIMATELY FORTY FIVE (45) GOVERNMENT ENTITIES HAVE PARTICIPATED IN COOPERATIVE PURCHASING IN SOUTHEAST FLORIDA. THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE WAS FORMED IN AN EFFORT TO PROVIDE COST SAVINGS AND COST AVOIDANCES TO ALL ENTITIES BY UTILIZING THE BUYING POWER OF COMBINED REQUIREMENTS FOR COMMON, BASIC ITEMS. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • THE CONTRACTOR(S) SHALL FURNISH THE LEAD AGENCY A DETAILED SUMMARY OF SALES SEMI-ANNUALLY DURING THE CONTRACT PERIOD. SALES SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME, THE TOTAL OF EACH COMMODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLLAR AMOUNT OF PURCHASES BY COMMODITY. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" N 0 :w U Q a) .O U N CL U) c c� 0) C U m O. O U C O cu (D 0 M rn O a LL 0 0 "t 00 It N CD r C) Ln cM f- M C' w (—A N (D C? I' ti ch Ln N M o ti N Iq ti = c 00 Lf cm lm 0) a � v 1 Lo v rn rn rn rn rn rn rn rn rn a) E c ~ `o a m m CO c m c m ❑ T a) Q N J C� L) 2 m �^ m U V m L c c E m CA N C m .v m m = -Se m a) v Z d ❑ of (A m Y � M (p J LL J LL O o (La c ZO J M z LL r- N N .0 () �- J m 0 _C O (Mrs t~D O � M HQ LL a) m a M M (r� M Q m N U m LL p U m rmn = LL J LL LLh- N m 3 m O C N cULO Q' C m N C c a) m _� L m U CD 3 U o = �-j a w �m 0 U U c m N E m w m m ❑ Y ❑ 3 O � a m O cu o cQCc �e O 5 7 0-0 M m V) V U) Q Z� -0 � U a) O m Q IS] y 4- O CD C m= W a) � O U N C c M LO > _Ile= ❑ to O NLU 0 '' O a) N E� m Uo m E fm Z z❑ z " L' O N C? 0 O OD 0 (0 � ❑ 3 co LL m N (CD M ❑ Q N <00 t(0 O 4-- 0 m0 7 ^ Q w C m 1 } N C ) N m d ZO U w L•� �, � � m N cc rmn o Z c a) ` (� o 7+ (d E r- -C w m ,r CO Q Uo�a) U c a) `m � 4 m -� c o c U 'ch m ❑ w ❑ w 2 C7> _3 m J a � (n cEtl i- .n m E U m O r O O '0O O O 4 4 �. O o Cr in w- U d U U I U U I U U U U H H Z w m U) w H Z a U w F— a U) w a �� LO o m a+ CD N o O e- _ N N .N- O � to o C? e1 w LO O m M l LO l tin N C�7 Nr O x W O o 4 C W C�7 um) N N o � K O =U L N 0 v w 0 O N N N 'W LO o 0 N C N L- (0 (D ,-- Ucc o M N o a Z�.� v a � o m m w o N U ., cu N m -p (� ai = = c� Q U w n a a� o ❑�— c o c `m m v�i M ca ' E o r o 0 0 6 0 0 0 o Q aE2w �, H o c E _ _ .. m U o a) U Cl-,U U U 3 U U U C.] h- City of Tamarac GENERAL REQUIREMENTS :110I4-I&41-3 Purchasing and Contracts Division 1. MATERIALS, WORKMANSHIP AND COMPATIBILITY INFORMATION All furnished materials and workmanship shall be of the highest grade in accordance with modern industry practices. The items supplied shall be new and unused. Meets Specification: 2. WARRANTY 3. Deviates: All items furnished in accordance with these specifications shall be covered by the manufacturer's and/or supplier's standard warranty or guarantee. Meets Specification: EXCEPTIONS Deviates: Any exceptions to the specification requirements for this bid, or failure to submit requested information will be considered sufficient cause for rejection of a bid. Meets Specification: Deviates: 5 Tamarac Purchasing and Contracts Division SPECIAL CONDITIONS BID 06-21 B FURNISH AND DELIVER ROOF TARPS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply Roof Tarps per the conditions and specifications contained in this document. The contract term shall be for an initial period of one (1) year, beginning approximately June 15, 2006. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities in the Southeast Florida Governmental Cooperative, as referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. In addition, Co-op members who do not participate directly may piggy -back this agreement at any time during the term, with the permission of the successful vendor. 2. AWARD RESERVATIONS The City reserves the right to consider a Bidders history of performance and deliveries in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. Award to be made on an all -or -none basis to the lowest aggregate responsive and responsible bidder, or in the best interest of the City. 3. PRICING A. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. B No price increase will be accepted during the initial contract period. The successful contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on contractor's actual freight and fuel cost only. To qualify for this increase, the contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the contractor be permitted to request additional profit. The City will accept a price decrease at any time. 6 of Tamarac Purchasing and Contracts Division 4. ORDERS Each entity participating in this Agreement shall be responsible for placing orders under this Agreement with the successful bidder. Agencies shall order quantities on an as needed basis during the term of the Agreement. 5. DELIVERY Bidder shall be capable of and agree to the following: A. Deliver to the location specified, and provide for dock delivery, including unloading of all trucks at the site specified. B. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 6. POST -HURRICANE EVENT — EXPEDITED DELIVERY REQUIREMENTS It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a hurricane event. It is understood that immediately following a hurricane event, that the ability to transport items may be difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise, and shall waive the associated freight charge. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. QUANTITIES The quantities shown herein are only estimates of requirements. Additionally, many quantities shown are contingency figures based on the event of a severe storm event. The agreement shall be for the volume actually ordered. Payment shall only be authorized for actual orders released under this agreement. City of Tamarac Purchasing and Contracts Division TECHNICAL SPECIFICATIONS BID NO. 06-21 B ANNUAL AGREEMENT FOR ROOF TARPS 1 INTRODUCTION The following technical requirements shall govern the purchase of roof tarps to be utilized for distribution by the City of Tamarac, and other agencies within the SE Florida Governmental Purchasing Co-operative during the contract period. 2. SIZES Tarps shall be provided in the following nominal sizes, with finished sizes to be not greater than 6" shorter on any single side: 15' x 20' 20' x 30' 25' x 40' 30' x 40' 30' x 50' 3. MATERIALS A. Economy: Tarps shall be polyethylene construction, minimum 5.1 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 2.9 ounces per square yard. Weave shall be a minimum 800 denier, with a minimum 8 x 8 fiber count. B. Heavy -Duty: Tarps shall be polyethylene construction, minimum 10.5" Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 5.4 ounces per square yard. Weave shall be a minimum 1200 denier, with a minimum 14 x 14 fiber count. 4. RESISTENCE TO ELEMENTS Tarps shall be designed to resist ultraviolet rays from the sun, and shall be designed to be water resistant, acid resistant, mildew resistant, and tear resistant. S. SEAMS Seams, when required because of the tarp size, shall be heat -sealed. 6. GROMMETS A. Economy: Tarps shall utilize reinforced aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 36". B. Heavy -Duty: Tarps shall utilize reinforced rust resistant aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 18". In addition, corners shall be reinforced. Page 1 of 9 Technical Specifications City of Tamarac COMPANY NAME: (Please Print): 0. Purchasing and Contracts Division Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Properly fill out the Bid Form. ❑ 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. ❑ 5. Fill out the Offeror's Qualification Statement. ❑ 6. Fill out the References page. ❑ 7. Sign the Vendor Drug Free Workplace Form. ❑ 8. Fill out the List of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. ❑ 10. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. Page 9 of 9 Bid Check list City of Tamarac Purchasing and Contracts division Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 BID FORM BID NO. 06-21 B ROOF TARPS Date 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 3. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 4. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. 5. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 6. Bidder will complete the Work for the prices shown in the "Bid Form". 7. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. S -i City of Tamarac purchasing and Contracts Division BID FORM (continued) BID NO. 06-21 B The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide roof tarps. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. Description Quantity Material Unit Price Freight per Unit Total Cost Tarp, Economy, 15' x 20' 3050 Ea $ $ $ Tarp, Economy, 20' x 30' 2000 Ea $ $ $ Tarp, Economy, 25' x 40' 50 Ea $ $ $ Tarp, Economy, 30' x 40' 2250 Ea $ $ $ Tarp, Economy, 30' x 50, 4254 Ea $ $ $ Tarp, Heavy Grade, 30' x 40' 2012 Ea $ $ $ Tarp, Heavy Grade, 30' x 50' 1012 Ea $ $ $ Industrial Bungee Cord. 24" Ion 200 Ea $ $ $ Industrial Bungee Cord. 36" Ion 200 Ea $ $ $ Batten Strips, 8' x 1" x 3" 60,000 Ea $ $ $ Fastener, 10d galvanized nails 500 Lb $ $ $ BF-2 of Tamarac BID FORM (continued) 3iZ►L•��IdS+�il 3 Purchasing and Contracts Division The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number BF-3 of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 06-21 B Bidders Name: TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and three (3) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. BF-4 City of Tamarac Purchasing and Contracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4, Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: __ _ _ Page 1 of i mmW� Bidder's Qualification Statement of Tamarac REFERENCES Purchasing & Contracts Division Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address ..... ... ..... City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 1 of I References of Tamarac Purchasing & Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 20 (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolutio n Page 1 of I Certified Resolution City of Tamarac W _ _ Purchasing & Contracts division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number Page 1 of 9 Certification of Tamarac Purchasing & Contracts Division 1V/ :4► I Biel ;1f 101:11ICE ;11 V:447LO]:4:1, IWI[434 Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name Page ? of f Drug -Free Workplace City of Tamarac ki M21Qd0]1MR] ►Vl=c1JaI07_ITAIII I State of County of ) SWORN, DEPOSES AND SAYS THAT: 1 )ss. Purchasing & Contracts Division BEING FIRST DULY He/she is the Officer, Representative or Agent) of , the Offeror that has submitted the attached Proposal; (Owner, Partner, 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; I Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness M Printed Name Title Page 1 of 2 Non -Collusive Affidavit of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of Purchasing & Contracts Division On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit of "Tamarac Purchasing & Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Citv of Tamarac Purchasing and Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) City of Tamarac 0- Purchasing and Contracts Division /_TC]:14=1Ji1=1►111 BETWEEN THE CITY OF TAMARAC /_\►191 THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and a corporation with principal offices located at (the "Contractor") to provide for roof tarps for the City, and for agencies within the Southeast Florida Governmental Purchasing Cooperative (the "Co-op"). Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. , including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between as issued by the City, and the Contractor's Proposal, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all tarps in the size and grade as ordered by the City or other member of the Co-op. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. When required by the City, the Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in 3 City of Tamarac Purchasing and Contracts Division the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The term of this Agreement shall be for one (1) year period from the effective date of this Agreement. This Agreement may be renewed for up to three (3) additional one (1) year terms at the same terms and conditions as the original term, upon mutual agreement of both parties. 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid included herein. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To qualify for this increase, the Contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. G) Payments Payment will be made after proper delivery of compliant products, and receipt of a properly completed invoice. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. Each member of the Co-op shall be responsible for their payment arrangements. 4 City of Tamarac i) Warranty and Contracts Division Contractor shall provide the manufacturer's standard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be 5 City of Tamarac Purchasing and Contracts Division limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 of Tamarac Purchasing and Contracts Division With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or 7 of Tamarac Purchasing and Contracts Division remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall . remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other :1 City of Tamarac 0 Purchasing and Contracts Division presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank 9 City of Tamarac ._ Purchasing and Contracts Division IN WITNESS WHEREOF, THE PARTIES HAVE MADE AND EXECUTED THIS AGREEMENT ON THE RESPECTIVE DATES UNDER EACH SIGNATURE. CITY OF TAMARAC, SIGNING BY AND THROUGH ITS MAYOR AND CITY MANAGER, AND CONTRACTOR, SIGNING BY AND THROUGH ITS DULY AUTHORIZED TO EXECUTE SAME. ATTEST: Marion Swenson, CIVIC City Clerk Date I_r111119*15 Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date 10 of Tamarac Purchasing and Contracts Division STATE OF COUNTY OF CORPORATE ACKNOWLEDGEMENT 6� I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this , day of , 20_ Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced DID TAKE AN OATH, OR ❑ DID NOT TAKE AN OATH. 11 Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER 1 BID NO. 06-21B ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE & TIME: June 7, 2006, 2:00 P.M. DATE OF ADDENDUM: May 22, 2006 Bidders are hereby notified that this Addendum shall be made part of the above named Invitation for Bid document. Please sign where indicated on the next page and submit with your bid. 1. Please replace page 4 of the bid document with the attached revised "ESTIMATED QUANTITIES BY ENTITY", which reflects a change to the quantities of the City of Tamarac. 2. Please replace the Bid Form page BF-2, with the attached revised "BID FORM" , which reflects a change to total quantities. 3. Please note the quantity changes for item #10, as shown on the revised bid form. 4. Please note the addition of 1" x 2" x 8' batten (furring) strips as new line item #11, 5. Please note the correction to the item description for item 12, to provide for #10d common electro-galvanized nails. 6. Please note that Broward County has indicated an interest in ordering approximately 10% of their estimated quantities for stock, upon award of this agreement. 7. The City reserves the right to award the resultant contract to the bidder providing the lowest aggregate cost for all items, or for groups of items as indicated on the Bid Form, whichever is in the best interest of the City. There are no other changes to this bid. Please bid accordingly using the new bid form. If you have any questions regarding this addendum, please call (954) 597-3567. Sincerely, Keith K. Glatz, CPPO Purchasing & Contracts Manager Acknowledged: Date: Attachments 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tomoroc.org Equal Opportunity Employer City of Tamarac a n Purchasing & Contracts Division ESTIMATED QUANTITIES BY ENTITY REVISED 5/22/06 AGENCY 15x20 Econ 20x30 Econ 25x40 Econ 30 x 40 Econ 30x50 Econ 30x40 Heav 30x50 Heav Broward County Board of Commissioners (May be required only in the event of a hurricane emergency) 3000 2000 380 City of Coconut Creek Purchasing Division 100 150 City of Dania Beach 500 City of Deerfield Beach 50 50 50 City of Hallandale Beach 12 12 City of Lighthouse Point 50 50 City of Lauderhill 100 100 City of Parkland 24 City of Sunrise 2000 3000 ,City of Tamarac 600 300 50 TOTALS 3050 2000 50 2850 4554 62 Z62 F F of Tamarac Purchasing & Contracts Division BID FORM (continued) BID NO. 06-21 B REVISED May 22, 2006 The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide roof tarps. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. # Description Quantity Material Unit Price Freight per Unit Total Cost 1 Tarp, Economy, 15' x 20' 3050 Ea $ $ $ 2 Tarp, Economy, 20' x 30' 2000 Ea $ $ $ 3 Tarp, Economy, 25' x 40' 50 Ea $ $ $ 4 Tarp, Economy, 30' x 40' 2850 Ea $ $ $ 5 Tarp, Economy, 30' x 50' 4554 Ea $ $ $ 6 Tarp, Heavy Grade, 30' x 40' 62 Ea $ $ $ 7 Tarp, Heavy Grade, 30' x 50' 62 Ea $ $ $ 8 Industrial Bungee Cord. 24" long 200 Ea $ $ $ 9 Industrial Bungee Cord. 36" long 200 Ea $ $ $ GROUP TOTAL 1-9 $ 10 Batten Strips, 8' x 1" x 3" 10,000 Ea $ $ $ 11 Furring Strips, I" x 2" x 8' 10,000 Ea $ $ $ 12 Fastener, common 10d electro- galvanized nails 500 Lb $ $ $ GROUP TOTAL 10-12 $ GRAND TOTAL ALL ITEMS $ BF-2 TR 10987 EXHIBIT 2 a CD N O co a a LL 0 0 z Apo H N LL I O z Z Q z g m m W J M z Q Lo L7 c`O z 2 w d r A2 00 UM) 0)N T CD v UnOOP-:6 NOONa' co o cr o oaDO qtO o O 0f6 O o m Q O r 0) o o %- Oa oa 0 0 Lr) F" N N �? ti M co �` N r O LD O rrf OkNa601} larJ L�9 6R 6F) H4 ww 64 604 d4 ww 40 W F- _ 70 C) t7 C] O v O O z 0 "O Fa O i7 m m Z7 W m n Q CL CL co CL co a a co n co a co Q co a m emu. (� O O 21 2 2(2 2 "CL 2 N N N N naaa`CL CL a a n a a w tU RE a t Lo M u7 <f Cl? r Z ❑ CV C� Co O O Lr) N r N N N h qr 0 m C Lr) w CD co e- N M CO Lo r r C7 [7 r O d3 69 69 69 69 69 69 69 69 69 fA W0 0 O O aoc�Oo0 o ui 0 co rn w of 0 0 O J N O O O n I- 0 CO r O O ti ti (� N CV N C� •^ CA co N(D N CO Cfi H Q Q Q Q n Q _ _M ❑ 69 69 6R} 69 69 69 co LI) 40 Z Z Z Z a= (9 F-�a0cc0a Lf) co a) w w m w o 0 0ql� o 0 o Q Q C7•-aiMe, col —1 o 1 ZI Z � w w U OR V a 0 ONO'tao o o o 0 0 L6 O o Z O O CV O OD 4 a LO Cn Q Q ❑ a 6F} r 69 m 6q CM 6l} I GO 69 r 6% G d3 Q 6-9 J Q Z z 0 0 0. a Q moo oc aoD6 C5 M ��oo�u�i o 0 0 000 o JO o 0 0 6 GO L() O d a M N to N IT N cn N (D N N 0 L7 r O r 00 Lf) Q M X )( x � a N _ N r (Cf N 0 "O X X 0 O V a, (a Q p in O U O U pp r N c X X 0 0 cn Q a 0 m 7 ~00000 Cm Mcm CD N 0) N co L!7 Cl 0 X X X X X r N CN co Cm m _ Ncua� = N co CO LL LL TR 10987 EXHIBIT 3 To whom it may concern, We cannot guarantee price for 12 months nor guarantee immediate availability under the specified terms. We will honor price for 90 days under specified terms & delivery time may vary depending on availability at the time the orders are placed. To assure price for 12 months and to assure items will be in stock for immediate delivery when needed for a 12 month period we propose the following: Upon receiving a 25% non-refundable deposit we will place order from overseas suppliers. We will have agreed upon quantities available in our warehouse as soon as possible for a period of 12 months or until the order is filled. Which ever comes first. Under this agreement the price will be as stated for 12 months. We truly appreciate e opportunity to serve you with your tarp needs Sincerel Rafidy Garren President Cover Me Tarps & Canopies PO Box 1313 Pickens SC 29671 TR 10987 EXHIBIT 4 of Tamarac urchasrng ano uumi ruia �,v...... -,. , COMPANY NAME: (Please Print): W.W. GRANGER INC- Phone: 954-524-4374 Fax: 954-971-3117 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... [f1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. E✓J'2. Properly fill out the Bid Form. 23. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. E25. Fill out the Offeror's Qualification Statement. ED"& Fill out the References page. 27, Sign the Vendor Drug Free Workplace Form. [�8. Fill out the List of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. 210. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. Page 1 of 9 Bid Check List Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER BID NO.06-21B ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE & TIME: June 7, 2006, 2:00 P.M. DATE OF ADDENDUM: May 22, 2006 Bidders are hereby notified that this Addendum shall be made part of the above named Invitation for Bid document. Please sign where indicated on the next page and submit with your bid. 1. Please replace page 4 of the bid document with the attached revised "ESTIMATED QUANTITIES BY ENTITY", which reflects a change to the quantities of the City of Tamarac. 2. Please replace the Bid Form page BF-2, with the attached revised "BID FORM" , which reflects a change to total quantities. 3. Please note the quantity changes for item #10, as shown on the revised bid form. 4. Please note the addition of 1" x 2" x 8' batten (furring) strips as new line item #11. 5. Please note the correction to the item description for item 12, to provide for #10d common electro-galvanized nails. 6. Please note that Broward County has indicated an interest in ordering approximately 10% of their estimated quantities for stock, upon award of this agreement. 7. The City reserves the right to award the resultant contract to the bidder providing the lowest aggregate cost for all items, or for groups of items as indicated on the Bid Form, whichever is in the best interest of the City. There are no other changes to this bid. Please bid accordingly using the new bid form. If you have any questions regarding this addendum, please call (954) 597-3567. Sincerely, Keith K. Glatz, CPPO Purchasing & Contracts Manager �'��7 Acknowledged: oG /, Date: 0410T �n Attachments 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equal QpportuNty Employer INVITATION TO BID BID NO. 46-21B ANNUAL REQUIREMENTS FOR ROOF TARPS City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 954-597-3570 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID TITLE: ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE/TIME: June 7, 2006, 2:00 P.M. BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN, THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: WW- GRAINGER INC. COMPANY ADDRESS: 6781 NW 17 AVE FT LAUDERDALE FL, 33309 COMPANY PHONE: 954-524-4374 NAME OF AUTHORIZED AGENT: RICHARD BLACKBURN TITLE OF AUTHORIZED AGENT: ACCOUNT MANAGER AUTHORIZED AGENT EMAIL ADDRESS: RICHARD,BLACKBURN@GRAINGER.COM BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: 361150280 SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. 1 agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. GTC-1 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW $$T" AVENUE TAMARAC, FL 33321 954-597-3570 It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality conoeming the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words 'bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package, Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. fate bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed In ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All bids shall be submitted in the G 7C-2 English language. All prices, terms and conditions quoted in the submitted bid shall be expressed in U.S. Dollars, and will be firrn for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be retumed to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidders failure to furnish said bonds_ 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a Period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the oontract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be foxed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be foxed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/servioes. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment G iC-4 terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturers name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforrns in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 The City may request a full demonstration of any product or service before the award of a contract All demonstrations will be done at the expense of the Bidder 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidder's submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidder's qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15_ COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the oonditions, terns, specifications and requirements of the bid shall be just cause for cancellation of the bid award, OTC 4 notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. 19. TERMINATION a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the ads and omissions of all employees working under its directions. 22. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political attiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these GTC-5 specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the tenn of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract if required by the City. Line of Business/ Occurrence Coverage Commercial General $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Aggregate $1,000,000 Cross Liability and Severability of Interest Clause SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 Automobile Liability $1,000,000 $1,000,000 Workers' Compensation Statutory & Employers Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence wont under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-Vil per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence' form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. 'Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful GT(G 6 misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement_ 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26_ BID TABULATION Bidders may download the bid tabulation directly from the Internet at http://www.tmarac.ora/Deot/fin/Durch/results.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3xa), or within 10 days after bid/proposal opening, whichever is earlier- SUBMIT BID TO. CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. GTC-7 City of Tamarac LL Purchasing and Contracts Division INVITATION TO BID BID NO.06-21 B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until June 7, 2006 at 2:00 p.m. (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH & DELIVER ROOF TARPS The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original bid, clearly marked "Original", shall be submitted on the official bid form furnished with this bid package. Two (2) photocopies of the submitted bid should accompany the original; however, copies must be made available within 3 business days of the City's request. The submittal should be plainly marked "Bid No. 06-21B, Furnish & Deliver Roof Tarps, opening on June 7, 2006 at 2:00 p.m." on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 597- 3570. Keith K. Glatz, CPPO Purchasing & Contracts Manager 0 Publish Sun Sentinel: Sunday, May 21st and 28th 2006 of .Tamarac Purchasing and Contracts Division SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE Cooperative Purchasing: The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative_ FOR THE PAST SEVERAL YEARS, APPROXIMATELY FORTY FIVE (45) GOVERNMENT ENTITIES HAVE PARTICIPATED IN COOPERATIVE PURCHASING IN SOUTHEAST FLORIDA. THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE WAS FORMED IN AN EFFORT TO PROVIDE COST SAVINGS AND COST AVOIDANCES TO ALL ENTITIES BY UTILIZING THE BUYING POWER OF COMBINED REQUIREMENTS FOR COMMON, BASIC ITEMS. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document, Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement_ Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • THE CONTRACTOR(S) SHALL FURNISH THE LEAD AGENCY A DETAILED SUMMARY OF SALES SEMI-ANNUALLY DURING THE CONTRACT PERIOD. SALES SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME, THE TOTAL OF EACH COMMODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLLAR AMOUNT OF PURCHASES BY COMMODITY. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Coo erative are strictly grohibited from utilizing any contract or ourchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" DZ� W CD h CO � co CA CO � N L0 o ti m 4 O r� CO 6 M N� M 1l- cmCD In E °c o o o V � ° � Z cU � 0 -r 0 O O O• V z�CT O V lD ❑ 7 itU)m�Y lli N -O C J LL J LL 0- 4 CL M J M M J LL_ C Ch _ N A D U .a m a c` y c~D o to N co W Y U- (D m ca N CL c') coo M cc n cr{ N m m _ 1 LL, � - 1 u- 1a^ 0 (� a� . _ LL y m O m ON m ro N y v m c a v _0 m Q U O O 2 3 cm c� i J a 0 H U O O N U E D uj ui o 3 20 0 � m m VZ3 O `- rr 'C O co -�e CQ i m' Q M e- a. N 7© tL M O Ca N N . - m U) Q 'C3 IY J O�� O a n cfl 2 W � O V H a c M Cn 7 .19 _ O N O to O t E Z Z z O O `1 O_ © C? CO 0 CO r N m © 3 v L1. m N CY) ❑ co 04 N CD co W d CO O N � O 72 V O 7 t O cu Cy N c m a Z2:1 , O U m O m wQ O m '� rOi� V "E°cm o s -a U) o m -2 -� c o a U 'cn n o w ❑ m _ rn � c� � a U) � .� m w m .� .� w .. .� w. .� E = O 3 E 4 O O O O 0 O O O O mU U 0- U U U U U U U U City of Tamarac Purchasing & Contracts Division ESTIMATED QUANTITIES BY ENTITY REVISED 5/22/06 AGENCY 15x20 Econ 2000 Econ 25x40 Econ 30 x 40 Econ 30x50 Econ 30x40 Heavy 30x50 Heavy Broward County Board of Commissioners (May be required only in the event of a hurricane erne[en 3000 2000 380 City of Coconut Creek Purchasing Division 100 160 City of Dania Beach 500 City of Deerfield Beach 50 50 50 City of Hallandale Beach 12 12 City of Lighthouse Point 50 50 City of Lauderhill 100 100 City of Parkland 24 City of Sunrise 2000 3000 ,City of Tamarac 600 300 50 50 TOTALS 3050 2000 50 t2850 4554 62 62 City of Tamarac GENERAL REQUIREMENTS A*RX11-1P413 Purchasing and Contracts Division 1. MATERIALS, WORKMANSHIP AND COMPATIBILITY INFORMATION All furnished materials and workmanship shall be of the highest grade in accordance with modern industry practices. The items supplied shall be new and unused. Meets Specification: x Deviates: 2. WARRANTY All items furnished in accordance with these specifications shall be covered by the manufacturer's and/or supplier's standard warranty or guarantee. Meets Specification: x Deviates: 3. EXCEPTIONS Any exceptions to the specification requirements for this bid, or failure to submit requested information will be considered sufficient cause for rejection of a bid. Meets Specification: x 5 Deviates: of Tamarac Purchasing and Contracts Division SPECIAL CONDITIONS BID 06-21 B FURNISH AND DELIVER ROOF TARPS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply Roof Tarps per the conditions and specifications contained in this document. The contract term shall be for an initial period of one (1) year, beginning approximately June 15, 2006. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities in the Southeast Florida Governmental Cooperative, as referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. In addition, Co-op members who do not participate directly may piggy -back this agreement at any time during the term, with the permission of the successful vendor. 2. AWARD RESERVATIONS The City reserves the right to consider a Bidders history of performance and deliveries in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. Award to be made on an all -or -none basis to the lowest aggregate responsive and responsible bidder, or in the best interest of the City. 3. PRICING A. Prices quoted shall be F.Q.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. B No price increase will be accepted during the initial contract period. The successful contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on contractor's actual freight and fuel cost only. To qualify for this increase, the contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the contractor be permitted to request additional profit. The City will accept a price decrease at any time. e City of Tamarac Purchasing and Contacts Division 4. ORDERS Each entity participating in this Agreement shall be responsible for placing orders under this Agreement with the successful bidder. Agencies shall order quantities on an as needed basis during the term of the Agreement. 5. DELIVERY Bidder shall be capable of and agree to the following: A. Deliver to the location specified, and provide for dock delivery, including unloading of all trucks at the site specified. B. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. fi. POST -HURRICANE EVENT — EXPEDITED DELIVERY REQUIREMENTS It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a hurricane event. It is understood that immediately following a hurricane event, that the ability to transport items may be difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise, and shall waive the associated freight charge. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. QUANTITIES The quantities shown herein are only estimates of requirements. Additionally, many quantities shown are contingency figures based on the event of a severe storm event. The agreement shall be for the volume actually ordered. Payment shall only be authorized for actual orders released under this agreement. City of Tamarac Purchasing and Contracts Division TECHNICAL SPECIFICATIONS BID NO.06-21B ANNUAL AGREEMENT FOR ROOF TARPS INTRODUCTION The following technical requirements shall govern the purchase of roof tarps to be utilized for distribution by the City of Tamarac, and other agencies within the SE Florida Governmental Purchasing Co-operative during the contract period. 2. SIZES Tarps shall be provided in the following nominal sizes, with finished sizes to be not greater than 6" shorter on any single side: 15' x 20' 20' x 30' 25' x 40' 30' x 40' 30' x 50' 3. MATERIALS A. Economy: Tarps shall be polyethylene construction, minimum 5.1 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 2.9 ounces per square yard. Weave shall be a minimum 800 denier, with a minimum 8 x 8 fiber count. B. Heavy -Duty: Tarps shall be polyethylene construction, minimum 10.5" Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 5.4 ounces per square yard. Weave shall be a minimum 1200 denier, with a minimum 14 x 14 fiber count. 4. RESISTENCE TO ELEMENTS Tarps shall be designed to resist ultraviolet rays from the sun, and shall be designed to be water resistant, acid resistant, mildew resistant, and tear resistant. 5. SEAMS Seams, when required because of the tarp size, shall be heat -sealed. 6. GROMMETS A. Economy: Tarps shall utilize reinforced aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 36". B. Heavy -Duty: Tarps shall utilize reinforced rust resistant aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 18". In addition, corners shall be reinforced. Page 1 of 1 Technical Specifications City of Tamarac Purchasing and Contracts Division BID FORM BID NO. 06-21B ROOF TARPS Submitted by: W.W. GRANGER INC. THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date 6f6f2006 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 3. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 4. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. 5. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 6. Bidder will complete the Work for the prices shown in the "Bid Form". 7. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. City of Tamarac w Purchasing & Contracts Division BID FORM (continued) BID NO. 06-21B REVISED May 22, 2006 The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide roof tarps. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. # Description Quantity Material Unit Price Freight per Unit Total Cost 1 Tarp, Economy, 15' x 20' 3050 Ea $10.25 $ Pre paid $ 31262.50 2 Tarp, Economy, 20' x 30' 2000 Ea $ 20.85 $Pre paid $ 41700.00 3 Tarp, Economy, 25' x 40' 50 Ea $ 32.50 $ pre paid_ _ $ 1625.00 4 Tarp, Economy, 30' x 40' 2850 Ea $al� $ Pre paid $ 17�Q 5 Tarp, Economy, 30' x 50' 4554 Ea $ 52.24 $ Pre paid $ 237900.96 6 Tarp, Heavy Grade, 30' x 40' 62 Ea $ 147.33 $ Pre PaidW_ $ 9134.46 7 Tarp, Heavy Grade, 30' x 50' 62 Ea $ 180.71 $ Pre paid $ 11204.02 8 Industrial Bungee Cord. 24" long 200 Ea $ -50 $ Pre paid $ 14Q.Q0_ _ 9 Industrial Bungee Cord. 36" long 200 Ea $ .65 $_ Pre paid $ 130.00 GROUP TOTAL 1-9 $ 510184.44 10 Batten Strips, 8' x 1" x 3" 10,000 Ea $ 1.60 $ Pre paid $16000.00 19 Furring Strips, I" x 2" x 8' 10,000 Ea $ .90 $ Pre paid $ 90000 12 Fastener, common 10d electro- galvanized nails 500 Lb $4.06 per 51.b pkg $21e naid $ 406.00 GROUP TOTAL 10-12 $25406.00 GRAND TOTAL ALL ITEMS $ 535590.44 BF-2 City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO.06-21 B The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further,certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Retum of rejection will be at the expense of the bidder. G� A thorized Signature RICHARD BLACKBURN Typed/Printed Name 954-524-4374 Telephone 954-571-3117 Fax RICHARD.BLACKBURN@GRAINGER_COM Email address for above signer (if any) BF-3 W_W. GRAINGER INC. Company Name 6781 NW 17 AVE Address FT LAUDERDALE FL. 33309 City, State, ZIP 361150280 Federal Tax ID Number of Tamarac and Contracts Division BID FORM (continued) BID NO. 06-21 B Bidders Name: WW GRANGER INC. TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: 14-28 calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and three (3) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. ....... _ BF-4 City of Tamarac Purchasing and Contracts Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company W.W. GRAINGER INC Address 6781 NW 17 AVE City State Zip FT LAUDERDALE FL. 33309 Telephone 954-524-4374 Fax Number 954-571-3117 1. How many years has your organization been in business under its present name? 79 Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes © No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes x❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑x If Yes, explain: 7. Are you a Sales Representative ❑ Distributor E] Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ® No ❑ If yes, explain (date, service/project, bid title etc.) State of Florida MRO Contract / Many contracts for Broward County,Palm Beach County, Broward County School Board, Palm Beach county School Board, any many other state and local government entities 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No E] If yes, explain: 10, Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No 0 If yes, explain: Page 1 of 1 Bidder's Qualification Statement City of Tamarac, — Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name W.W. GRAINGER INC. Address 6781 NW 17 AVE City State Zip _._FT,LAUDERDALE FL.33309 _.._..... ,,_._� Phone/Fax E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 954-52 4�374 / 954-971-3117 RICHARD.BLACKBURN@GRAINGER.COM Broward County School Board 7720 W. Oakland Park Blvd Sunrise, FI. 33351 754-321-0505 Mark Alan Palm Beach County Schoo_.I_Board 332_6.,.F9M�1`H_ill Blvd West Palm Beach Fl. 561-434-8209 Robert Bruno City of Boca Raton 201 W. palmetto Pk Rd. Boca Raton FI. Nancy Halloran Palm beach County 50 S. Military Trail suite 110 West Palm Beach FL. 561-61 "814 / 561-242-6714 Cindy Brewer Miami Dade County 111 NW 1st St- Suite 13000 Miami, A. 3,-__......._..-- 3128 305-375-2102 Pablo Martinez Page i of 1 References of Tamarac Purchasing & Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. 1 further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 120 (SEAL) 1►1301:1 0 Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Certified Resolution of Tamarac Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION El OTHER ❑ If "Other", Explain: " A a W.W.GRAINGER INC. Authorized Signatu Company Name Richard Blacicbum 6781 NW 17 AVE. Typed/Printed Name Address 954-524-4374 FT LAUDERDALE, FL. 33309 Telephone City, State, ZIP 954-971-3117 361150280 Fax Federal Tax ID Number RICHARD.BLACKBURN@GRAINGER.COM VIk Email address for above signer (if any) s License Number Page 1 of 1 Certification of Tamarac, Purchasing & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. WYNA TX i M - • • ,9 W.W. GRAINGER INC. Company Name Page 1 of 1 Drug -Free Workplace City of Tamarac Purchasing and Contracts Division UTelN4 l Ii 14.`il BETWEEN THE CITY OF TAMARAC THIS AGREEMENT is made and entered into this 7TH day of JUNE , 20a6 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and W.W. GRAINGER INC. aILLINOISCorporation with principal offices located at 6781 NW 17 AVE FT LAUDERDALE FL. 33309 (the "Contractor") to provide for roof tarps for the City, and for agencies within the Southeast Florida Governmental Purchasing Cooperative (the "Co-op"). Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. , including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between as issued by the City, and the Contractor's Proposal, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all tarps in the size and grade as ordered by the City or other member of the Co-op. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. When required by the City, the Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in of TamaracPurchasing and Contracts Division the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The term of this Agreement shall be for one (1) year period from the effective date of this Agreement. This Agreement may be renewed for up to three (3) additional one (1) year terms at the same terms and conditions as the original term, upon mutual agreement of both parties. 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid included herein. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To qualify for this increase, the Contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. 6) Payments Payment will be made after proper delivery of compliant products, and receipt of a properly completed invoice. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. Each member of the Co-op shall be responsible for their payment arrangements. of Tamarac Purchasing and Contracts Division 7) Warranty Contractor shall provide the manufacturer's standard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be City of Tamarac Purchasing and Contracts Division limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with. this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 City of Tamarac Purchasing and Contracts Division With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or City of Tamarac Purchasing and Contracts Division.. ... ...... -".- . ..... — -- - --------- e remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other 8 City of Tamarac Purchasing and Contracts Division presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank of Tamarac Purchasing & Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. os-21 B to the City of Tamarac for ANNUAL REQUIREMENTS FOR ROOF TARPS 2. This sworn statement is submitted by W.W. GRAINGER INC. _ (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) 361150280 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is RICHARD BLACKBRUN (Print name of individual signing) My relationship to the entity named above is ACCOUNT MANAGER 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. of Tamarac Purchasing and Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 0 Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 6/07/2006 (Date) _ U NOTARY FUBUC-STATE OF FLORIDA 2 teen M. Frmone " Mmmission # DD4748twi8 Expires: OCT. 30, 2009 Bonded Thru Atlantic Bonding Co., Inc. of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of 0/vK �-0 On this the -:Z-- day of , 20-9�-2, before me, the undersigned Notary Public of the State of Florida, personally appeared , y- Q\a 0 r r-, and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC -STATE OF FLORIDA Kathleen M. Franzone Commission # DD474868 Expires: OCT. 30, 2009 Banded Thru Atlantic Bor &Rg 0u„ Me% NOTARY PUBLIC, STATE OF FLORI A (Name of Notary Public: Pri Stamp, or Type as Commissioned) ❑ Personally known to me, or 1[343i'oduced identification: eL_ `�S �cS L, c—s�Y, S� (Type of Identification Produced) ❑ DID take an oath, orO�plD NOT take an oath Page 2 of 2 N017-Collusive Affidavit City of Tamarac e- Purchasing & Contracts Division State of ILLINOIS )Ss. County of COOK RICHARD BLACKBURN SWORN, DEPOSES AND SAYS THAT: BEING FIRST DULY He/she is the Re resentative , (Owner, Partner, Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed a delivered in the presence of: Witn Witness rc' o 'e, Icrl � Pri ted Name 7-. c Title Page 9 of 2 Non -Collusive Affidavit City of Tamarac Purcha CORPORATE ACKNOWLEDGEMENT STATE OF tntrC-c— R COUNTY OF Lev*-- zz�'- c( SS and Contracts Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared of a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this "day of , 20 0. NOTARY PUBLIC -STATE OF FLORIDA Kathleen M. Franzone Commission # DD474868 OCT. 30, 2009 13onde�3 Ttxx Expires: f4tlaitge FL Signature of Notary Pu li // State of Florida at L e Print, Type or Stamp Name of Notary Public H,Rersonally known to me or � Produced Identification 6 ri Hers A; c �P_'1,2 S --'P_ Type of I.D. Produced J DID TAKE AN OATH, OR DID NOT TAKE AN OATH. 4\ I A. x -0 p O N O yr CD U X th z 0 CD w - o M m x a° m It3 Z Q ma CD _n No Y/ I IT LJ A Q{ F yb Fm `I �x m a i 0 m m m $: o r .� O -zi < a ^i Y pa, n cm) j s a r 'p C� Z m m... m wm� Oo G) 14 �Om p n Z ni ro # W > n� C O _+» 7 Z C m x � 1 ti _M C ro C m > O � m F E w 0 O X N w0� m q ! m m 0 70 W w a a i r fZr0 cn my J z 4 p Q zt Q y° m -1 p :�< {' a 0 m m ti X r � � C> m m N . A m :z O m `I /� u ul )> a ( m O m O iq z O mi m to t: m 9 }e 4; X Cf m m .n 2 +f q O c r�. 0 [ !i Z t co YE 0 n O a� O A n m a � m n y� m m ?( r fi{ r vo mN �� Qnx e > ��n m n y _' z i n0 Q m Y c 5a p z Z o 0 m -1 o r 1 n W mm OZ O r m m mC O 0 4 fal le'.:,,... ,.. '....... - , ......:..... .....'..gym... <_ ..,.-'.:..'. '..... , .; ����.:.. ........ .... ,., n� {{ O n 'E Z ° + < !t no f in 9 i co a ;I m a n n m° Z m •[ ` m a� xQ d i �1 a m �� `MM W 0 e�iC7� fi rn cr m• � p r O6/O8/2OO6 10:11 + 06-08-2006 11:33 From -WIN GRAINGER FT LAUD + T-532 P.002/010 F-923 " ,',Jand Contr,jjr;fs Division City of arrrLl"'I ........ ....... .._......... ....._ ..,. ............ ....... ...,.... . TR 10987 EXIIIBIT 5 AGREEMENT BETWEEN THE CITY OF TAN'IARAC r__rLX W.W. GRAINGER, INC„ -- THIS AGREEMENT is made and entered into this clay of _ 20jQ�- by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W_ 88th Ave_, Tamarac, FL 33321 (Ihe "CITY") and W.W. Grainger, Inc., an Illinois corporation registered as a Florida Foreign Corporation, with principal offices located at 100 Grainger parkway, Lake Forest, Illinois 60045 (the "Contractor") to provide for roof tarps for the City, and for agenciii;'s within the Southeast Florida Governmental Purchasing Cooperative (the "Co -cap") - Now therefore, in consideration of the mutual covenarits hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. 06-21 B, "Annual Requirements for Roof Tarps", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special FIrovisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Invitation for Bid #06-21 B, "Annual Requirements for Roof Tarp!,," as issued by the City, and the Contractor's Proposal, dated June 7, 2006, Bid #06.21 B, "Annual Requirements for Roof Tarps" as issued by the City shall take precedences over the Contractor's proposal. Furthermore, in the event of a conflict between this clocument and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all tarps in the size and grade as ordered by the City or other member of the Co-op. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herei�,n_ 3) Insurance 3.1. When required by the City, the Contractor shall obtain at Contractor's expense ail necessary insurance in sucti form and amount as specified in 06/00/2006 10:11 + 06-06-2006 11:33 From-WW GRAINGER FT LAUD + T-532 P.003/010 F-923 City of t�rri��ac ° �: . ......................._..........,.,.,...._PLirLh;).5in9 an(i Contnwts Divisiol7 .. . the original bid document or as required by the City's Risk and Safety Manager before beginning work under th.ls Agreement including, but not limited to, Workers' Compensation, Comrinercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreemew,. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any 1,vork under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor -to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The term of this Agreement shall be for one (1) year period from the effective date of this Agreement. This Agreement may be rene%ved for up to three (3) additional one (1) year terms at the same terms and conditions vis the original term, upon mutual agreement of both parties_ 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid included herein. Prices quoted shall be F,Q,B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period_ 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To quality for this increase, the Contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Diviskm prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. G) Payments Payment will be made after proper delivery of r:,ompliant products, and receipt of a properly completed invoice. All payments shall be gi">verned by the Local Government Prompt Payment Act, t'.S., Part VII, Chapter 218_ Esich member of the Co-op shall be responsible for their payment arrangements. 86✓08/2886 10:11 + 06-08-2006 11:33 From-WW GRAINGER FT LAUD + T-532 P.004/010 F-823 rµ asing and Contracts !?MS10n Gity+ of Tciiwrac a........................_F�ureh..,.,.,._.._..--............. ,_._..___--_._.. 7) Warranty Contractor shall provide the manufacturer's standiard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenMIS (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connE,.ction with the operations of the Contractor or its officers, employee;:;,, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The abovE, provisions shall survive the termination of this Agreement and shall I)ertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligaticins and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. I. The Contractor shall pay all clair»s, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's ifees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding rind all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor :shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time- 9) Non -Discrimination & Equal opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, politicial affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will) take affirmative action to ensure that employees are treated during employment, without regard to race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual _.......__.. __ _..... _._ ......... , 06/00/2006 10:11 + 06-08-2006 11:34 1 GRAINGER FT LAUD + T-532 P.005/010 F-923 i �C11 Gil ci$fI City of 7`amc�fac ............... .C411A -._........_...._,.,........__............_.._..--...... ............._._...... ry and Contracts Division orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or tram,4er; recruitment or recruitment advertising, layoff or termination; rates of pay or oth,i;�r forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/ernployer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards ol!+ct minimum wage and overtime payments, Federal Insurance Contribution Act, the I.;ocial Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unempployment Insurance law. The Contractor shall retain sole and absolute discretion in I:he judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable tc services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or rr:,gulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, arid that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contra,r,;tor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U_S_ 1=xpress Mail, air or ground coLirier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue: 4 06/08/2006 10:11 + 06-08-2006 11:34 From-WW GRAINGER FT LAUD + city Of 1 TarT17fac J' r ..........-. -............ ................................... e� Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P-A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR W.W. Grainger, Inc. 100 Grainger Parkway Lake Forest, IL 60045 13) Termination T-532 P.006/010 F-923 PtrrchL4si0g and C017tr8CtS OiviSiOn 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for sw;h termination in which event the Contractor shall be paid its compensKition for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify tf-le city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is noi: limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14,2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the O6/08/2OO6 10:12 + 06-06-2006 11:34 From-WW GRAINGER FT LAUD T-532 P.007/010 F-923 Chy of Tarnar_ac Purchasing and Contracts %]iv1.91Of7 exercise of reasonable diligence, prevent::d, removed, or remedied with reasonable dispatch. The nonperforming pparty shall, within a reasonable time of being prevented or delayed from pa-rformance by an uncontrollable force, give written notice to the other parity describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have t:ieen appropriated by the City Commission of the City of Tamarac in the annual bw:lget for each fiscal year of this Agreement, and is subject to termination based on lack ,of funding. 1 G) Venue This Agreement shall be governed by the laws oi' the State of Florida as now and hereafter in force. The venue for actions arising or,it of this agreement is fixed in Froward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prof-iibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining p1rovisions hereof or affecting the validity or enforceability of such provisions in ar,y other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that prc,)vision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreernuent between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the Citit. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party %vas represented by counsel and contributed to the drafting of this Agreement. Guen this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and 6 06/O8/2006 10:12 + 06-08-2006 11:34 From-WW GRAINGER FT LAUD + T-532 P-008/010 F-923 Purchasing and Contracts Dim CityOf 'Tamarac.. .. .. .. ... ... .. .. .. .. ........... ..... ... . .. .. ............... .... .. . . . .... ....... ... . . . ........ ......... . . ......... ..... . .. ..... ... ....... . each party expressly waives the right to assert such a 1,,)resumptior, in any proceedings or disputes connected with, arising out Of, or involving this Agreement. Remainder of Page Intentionally Blank 7 06/0e/2006 10:12 + 06-08-2006 11:34 From-WW GRAINGER FT LAUD T-532 P 000/010 F-923 pLjj-C:tj.qsjjjg ana Contracts Divisior, City or Tamarac . .......... . ..... ..... . ... ............ . .. IN WITNESS WHEREOF, THE PARTIES HAVE MADE AND EXECUTED THIS AGREEMENT ON THE RESPECTIVE DATES UNDER EACH SIGNATURE. CITY OF TAMAII:?,AC, SIGNING BY AND THROUGH ITS MAYOR AND CITY MANAGER, AND CONTRACTOR, SIGNING BY AND THROUGH ITS DULY AUTHORIZED TO EXECUTE SAME, -TEST AT - I.- Marion Swe-nsdn, CIVIC -City Clerk ATTEST: /��.� A 1711k, t 4 Signature of Corporate Secretary LwMg,L�T t,�as�e... Type/Print Name of Corporate Secy. CITY OF: TAMARAC 444%Mayor � Date Jeffrey V_ e vy Iii2r, �(�14 Date Appr ;Is too m a le al sufficiency- Ci Attorney Da W. W. GRiNINGF-R, INC. Company Vame Signature Df Michael A. -Pulick Type/Prin'll Name of June 13, 2006 Date w; 06/08/2006 10.12 + 06-08-2006 11:35 From-WW GRAINGER FT LAUD + T-532 P.010/010 F-923 City of 7ofnar0C _. -' _....... ---.. ......... CORPORATE ACKNOWLEL IGEMENT STATE OF ILLINOIS :SS COUNTY OF LAKE I HERFBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowlec.lgments, personally appeared Michael A. Pulick of W.W. Grainger, Inc. an Illinois Corporation, registered as a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this, day of June 13 , 20 OFFICIAL 7---_7-Sign2itu`rKo-f Nota ublic State o'fo t Large Illinois � LS�tidl Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID TAKE AN OATH, OR ONE [� DID NOT TAKE AN OATH. 6 of 6 Ayraerriont Uorpor810 ficKrrvwluu9kJ 1 Vr)i Exhibit A INVITATION TO BID BID No. 06-21 B ANNUAL REQUIREMENTS FOR ROOF TARPS City of Tamarac Purchasing Division 7525 NW 88tr, Avenue Room 108 954-597-3570 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement BID NO.: 06-21 B BID TITLE: ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE/TIME: June 7, 2006, 2:00 P.M. BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL. keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDOR'S STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE, THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE: NAME OF AUTHORIZED AGENT: TITLE OF AUTHORIZED AGENT: AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER: SIGNATURE OF AUTHORIZED AGENT: I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. crC-i SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid forms must be typewritten or completed in ink. The Bidder must initial any erasures or corrections in ink. All bids shall be submitted in the English language. All prices, terms and conditions quoted in the submitted bid shall be expressed in U.S. Dollars, and will be firm for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 2. BID DEPOSIT When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be returned to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the City's forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidder's failure to furnish said bonds. E,MIA k9:I01lZA `/_1194]a=]161 Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a GTC-2 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Prompt Payment Act, F.S. Chapter 218. 10. DELIVERY All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and model/catalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. GTC-4 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder 13. BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriff's Office. Bidders submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidders qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 15. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. liP� il40k"`I1►/_hilt*la a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Notwithstanding any additional requirements for performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. c. FUNDING OUT This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. G TC-4 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 22. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Bidder shall obtain at Bidders expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City's Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract if required by the City. Line of Business/ Occurrence Aggregate Coverage Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury $1,000,000 $1,000,000 Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause GTC-5 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 Automobile Liability $1,000,000 $1,000,000 Workers' Compensation Statutory & Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Bidder's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attomeys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail. The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. -119iV_1-i1111A_14 III WL,I Bidders may download the bid tabulation directly from the Internet at htto://www.tamarac.orct/DeDttfin/r)urch/results.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S. §120.57(3Xa), or within 10 days after bid/proposal opening, whichever is earlier.. G TC-6 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract term. K 11 111I UI:,111 T0x When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. GTC-7 City of Tamarac -- -- --T— --�� Purchasing and Contracts Division INVITATION TO BID BID NO. 06-21 B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until June 7, 2006 at 2:00 p.m. (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH & DELIVER ROOF TARPS The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original bid, clearly marked "Original", shall be submitted on the official bid form furnished with this bid package. Two (2) photocopies of the submitted bid should accompany the original; however, copies must be made available within 3 business days of the City's request. The submittal should be plainly marked "Bid No. 06-21 B, Furnish & Deliver Roof Tarps, opening on June 7, 2006 at 2:00 p.m." on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 597- 3570. Keith K. Glatz, CPPO Purchasing & Contracts Manager 0 Publish Sun Sentinel: Sunday, May 215t and 28th, 2006 City of Tamarac Purchasing and Contracts Division Cooperative Purchasing: The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. FOR THE PAST SEVERAL YEARS, APPROXIMATELY FORTY FIVE (45) GOVERNMENT ENTITIES HAVE PARTICIPATED IN COOPERATIVE PURCHASING IN SOUTHEAST FLORIDA, THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE WAS FORMED IN AN EFFORT TO PROVIDE COST SAVINGS AND COST AVOIDANCES TO ALL ENTITIES BY UTILIZING THE BUYING POWER OF COMBINED REQUIREMENTS FOR COMMON, BASIC ITEMS. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • THE CONTRACTOR(S) SHALL FURNISH THE LEAD AGENCY A DETAILED SUMMARY OF SALES SEMI-ANNUALLY DURING THE CONTRACT PERIOD. SALES SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME, THE TOTAL OF EACH COMMODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLLAR AMOUNT OF PURCHASES BY COMMODITY. Municipalities and other governmental entities which are not members of the Southeast Florida Governmental _Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" iri 0 c� 0 0 0 Cl N L c co z n co C. co Q. N L) c a) rn co 0 N 0 0 LL Q Mr c m��tiu') W N r- Ln z (0 coo Iq T- C� i LO N CO o ti m 4 o I-L 6 o cM cV ti _ Lr) m 0) 0) N 1-_ Ln L7 rn rn rn rn rn rn rn rn rn 0) E o — o � ~ U ro a a) 0 a cc U) CO a) L i ccm a) z.ro c a) aD (a_� 0 a c a cn O cm 0_ - 5 ° _ a) i _j cd ro -C ro Y z a o � into Y. 2. d U- U- O m C) a a J M LL r- N N �, .0U J M o M CO C) � M — ui 'a x 0 LL 0 m ro a) a c1r) ce) cM Cf) m M C"M p J U) c m` m _ co O 0 O :E-0 L C Q) 0 cD O U (aO G N W� C CU s'T a) ro Co O� co')J ca %U Q ❑ O M m _I C+) (I U) FE ca U �j a) m E ro W 'o " m Y oro -o ❑ ° ° O °° m a m o V) >Y ow ro�o > a) w 0 O CR C U) ❑ O �00 y a) � C_ y/ L 4 4 D Z "- a) > o n o C) ao C) tD r O 3 00 LL m N © CMO N � TO CD a� m 0 v ro (D m�a = U a >- -- 0 U 0 _ co 0 m a 4) L) .0 m CC) 0 0 W N 0` w 0 v � c 0 cvn C� a o� �. Uo00 o O cv ;t f° a) �° ro m ` ro 0 U c 0 ro m 7, 0 0 G 'cn ro 0 m ro cca -v MA C U ❑ ❑ _ 0- cn � ro U ro w cc 0 C O O O O O O O 0 2 o � i mU �� U a U U U U U U U U ► m m c 04 22 0 X ■ ® 2CD 0 0 k k k k k k k 2 2 N V CD CD W n S � 2 k 0 k 00 � o x 0 L 2 2 cmw c � S 2 2 Nwq 0 La Lu C) LO C) (Y) 2 oEE : cc c� 2 ®�2 o Co C m ■ » 2 o @ 0 � ui cc Q § > CO 7 k j � « U o @ c ❑ § E -c o ■ § % 2 0 k k k 0 E\ co 2§§ U ❑ Q Z a m w E § Ca o 0 o o o o 0 o 0 co3o§U d » City of Tamarac {` Purchasing and Contracts Division 1. 2. 3. GENERAL REQUIREMENTS BID 06-21 B MATERIALS, WORKMANSHIP AND COMPATIBILITY INFORMATION All furnished materials and workmanship shall be of the highest grade in accordance with modern industry practices. The items supplied shall be new and unused. Meets Specification: ,_::_,-i Deviates: All items furnished in accordance with these specifications shall be covered by the manufacturer's and/or supplier's standard warranty or guarantee. Meets Specification: EXCEPTIONS Deviates: Any exceptions to the specification requirements for this bid, or failure to submit requested information will be considered sufficient cause for rejection of a bid. Meets Specification: Deviates: 5 City of Tamarac jal , Purchasing and Contracts Division SPECIAL CONDITIONS BID 06-21 B FURNISH AND DELIVER ROOF TARPS 1. PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply Roof Tarps per the conditions and specifications contained in this document. The contract term shall be for an initial period of one (1) year, beginning approximately June 15, 2006. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities in the Southeast Florida Governmental Cooperative, as referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. In addition, Co-op members who do not participate directly may piggy -back this agreement at any time during the term, with the permission of the successful vendor. 2. AWARD RESERVATIONS The City reserves the right to consider a Bidders history of performance and deliveries in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. Award to be made on an all -or -none basis to the lowest aggregate responsive and responsible bidder, or in the best interest of the City. 3. PRICING A. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. B No price increase will be accepted during the initial contract period. The successful contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on contractor's actual freight and fuel cost only. To qualify for this increase, the contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the contractor be permitted to request additional profit. The City will accept a price decrease at any time. of Tamarac 0 Purchasing and Contracts Division 4. ORDERS Each entity participating in this Agreement shall be responsible for placing orders under this Agreement with the successful bidder. Agencies shall order quantities on an as needed basis during the term of the Agreement. 5. DELIVERY Bidder shall be capable of and agree to the following: A. Deliver to the location specified, and provide for dock delivery, including unloading of all trucks at the site specified. B. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 6. POST -HURRICANE EVENT — EXPEDITED DELIVERY REQUIREMENTS It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a hurricane event. It is understood that immediately following a hurricane event, that the ability to transport items may be difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise, and shall waive the associated freight charge. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. QUANTITIES The quantities shown herein are only estimates of requirements. Additionally, many quantities shown are contingency figures based on the event of a severe storm event. The agreement shall be for the volume actually ordered. Payment shall only be authorized for actual orders released under this agreement. 7 City of Tamarac Purchasing and Contracts Division a_"'! TECHNICAL SPECIFICATIONS BID NO. 06-21 B ANNUAL AGREEMENT FOR ROOF TARPS 1 INTRODUCTION The following technical requirements shall govern the purchase of roof tarps to be utilized for distribution by the City of Tamarac, and other agencies within the SE Florida Governmental Purchasing Co-operative during the contract period. 2. SIZES Tarps shall be provided in the following nominal sizes, with finished sizes to be not greater than 6" shorter on any single side: 15' x 20' 20' x 30' 25' x 40' 30' x 40' 30' x 50' 3. MATERIALS A. Economy: Tarps shall be polyethylene construction, minimum 5.1 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 2.9 ounces per square yard. Weave shall be a minimum 800 denier, with a minimum 8 x 8 fiber count. B. Heavy -Duty: Tarps shall be polyethylene construction, minimum 10.5 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 5.4 ounces per square yard. Weave shall be a minimum 1200 denier, with a minimum 14 x 14 fiber count. 4. RESISTENCE TO ELEMENTS Tarps shall be designed to resist ultraviolet rays from the sun, and shall be designed to be water resistant, acid resistant, mildew resistant, and tear resistant. 5. SEAMS Seams, when required because of the tarp size, shall be heat -sealed. 6. GROMMETS A. Economy: Tarps shall utilize reinforced aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 36". B. Heavy -Duty: Tarps shall utilize reinforced rust resistant aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 18". In addition, corners shall be reinforced. Page 1 of 1 Technical Specifications City of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ❑ 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. ❑ 2. Properly fill out the Bid Form. ❑ 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. ❑ 5. Fill out the Offeror's Qualification Statement. ❑ 6. Fill out the References page. ❑ 7. Sign the vendor Drug Free Workplace Form. ❑ 8. Fill out the List of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. ❑ 1 o. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. Page 1 of 1 Bid Check List City of Tamarac I. Purchasing and Contracts Division Submitted by: THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 BID FORM BID NO. 06-21 B ROOF TARPS Date 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 3. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 4. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. 5. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 6. Bidder will complete the Work for the prices shown in the "Bid Form". 7. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. ►M City of Tamarac Purchasing and Contracts Division BID FORM (continued) BID NO. 06-21 B REVISED May 22, 2006 The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide roof tarps. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. Description Quantity Material Freight Total Cost Unit Price per Unit Tarp, Economy, 15' x 3050 Ea $ $ $ 20' Tarp, Economy, 20' x 2000 Ea $ $ $ 30' Tarp, Economy, 25' x 50 Ea $ $ $ 40' Tarp, Economy, 30' x 2850 Ea $ $ $ 40' Tarp, Economy, 30' x 4554 Ea $ $ $ 50' Tarp, Heavy Grade, 62 Ea $ $ $ 30' x 40' Tarp, Heavy Grade, 62 Ea $ $ $ 30' x 50' Industrial Bungee 200 Ea $ $ $ Cord. 24" Ion Industrial Bungee 200 Ea $ $ $ Cord. 36" Ion Batten Strips, 8' x 1" x 20,000 Ea $ $ $ 3„ Furring Strips, 8' x 2" 10,000 Ea $ $ $ Fastener, 10d 500 Lb $ $ $ galvanized nails BF-2 City of Tamarac rV� s ; Purchasing and Contracts Division BID FORM (continued) BID NO. 06-21 B The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. Authorized Signature Typed/Printed Name Telephone Fax Email address for above signer (if any) Company Name Address City, State, ZIP Federal Tax ID Number BF-3 of Tamarac BID FORM (continued) BID NO. 06-21 B :I[`I"C=111121FT1M Purchasing and Contracts Division TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and three (3) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. BF-4 r� City of Tamarac Purchasing and Contracts Division p� BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company Address City State Zip Telephone Fax Number 1. How many years has your organization been in business under its present name? Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes ❑ No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes ❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑ If Yes, explain: 7. Are you a Sales Representative ❑ Distributor ❑ Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ❑ No ❑ If yes, explain (date, service/project, bid title etc.) 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No ❑ If yes, explain: Page 9 of 1 Bidder's Qualification Statement of Tamarac � � Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name ........... __...... _.................— Address City State Zip Phone/Fax E-mail Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Page 1 of 1 References of %imarac rl Purchasing & Contracts Division P' a, CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20_ (SEAL) By: Secretary Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Rage 1 of 1 Certified Resolution (-, M �City of Tamarac;'? Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax PARTNERSHIP ❑ CORPORATION ❑ OTHER ❑ Company Name Address City, State, ZIP Federal Tax ID Number Email address for above signer (if any) Contractor's License Number Page 1 of 1 Certification tir a City of Tamarac________+;, _� Purchasing & Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name Page 1 of I Drug -Free Workplace of Tamarac Purchasing & Contracts Division NON -COLLUSIVE AFFIDAVIT State of County of SWORN, DEPOSES AND SAYS THAT: 1 `a 3 )ss. BEING FIRST DULY He/she is the Officer, Representative or Agent) of the Offeror that has submitted the attached Proposal; (Owner, Partner, He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness L`-2 Printed Name Title Page 1 of 2 Non -Collusive Affidavit Ta of Tamarac Purchasing & Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of 2 Non -Collusive Affidavit of Tamarac Purchasing & Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1 This sworn statement is submitted with Bid, Proposal or Contract No. to the City of Tamarac for 2. This sworn statement is submitted by (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is (Print name of individual signing) My relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 1 of Tamarac �{ Purchasin nd Contracts Division .._.m__.._.._._...___..__...._.._ 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ❑ Neither the entity submitting this sworn statement, nor any of its. officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (Date) of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC lam THIS AGREEMENT is made and entered into this day of , 20_ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and a corporation with principal offices located at (the "Contractor') to provide for roof tarps for the City, and for agencies within the Southeast Florida Governmental Purchasing Cooperative (the "Co-op"). Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. , including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between as issued by the City, and the Contractor's Proposal, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all tarps in the size and grade as ordered by the City or other member of the Co-op. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. When required by the City, the Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in 3 City of Tamarac Purchasing and Contracts Division the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The term of this Agreement shall be for one (1) year period from the effective date of this Agreement. This Agreement may be renewed for up to three (3) additional one (1) year terms at the same terms and conditions as the original term, upon mutual agreement of both parties. 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid included herein. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To qualify for this increase, the Contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. 6) Payments Payment will be made after proper delivery of compliant products, and receipt of a properly completed invoice. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. Each member of the Co-op shall be responsible for their payment arrangements. 4 of Tamarac and Contracts Division 7) Warranty Contractor shall provide the manufacturer's standard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be 11 City of r marac Purchasing and Contracts Division limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 0 of Tamarac, µ (G n Purchasing and Contracts Division < r. With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or 7 City of Tamarac Purchasing and Contracts Division remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 1 i) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other 8 of Ti�rnarac t41'4 Purchasing andGontracfs Division presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank 0 Y of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, THE PARTIES HAVE MADE AND EXECUTED THIS AGREEMENT ON THE RESPECTIVE DATES UNDER EACH SIGNATURE. CITY OF TAMARAC, SIGNING BY AND THROUGH ITS MAYOR AND CITY MANAGER, AND CONTRACTOR, SIGNING BY AND THROUGH ITS DULY AUTHORIZED TO EXECUTE SAME. ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date 10 City of Tamarac Purchasing and Contracts Envision STATE OF COUNTY OF CORPORATE ACKNOWLEDGEMENT :SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , a Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of , 20_. Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public ❑ Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID TAKE AN OATH, OR ❑ DID NOT TAKE AN OATH. 11 Purchasing and Contracts Division City of Tamarac "Committed to Excellence... Always" ADDENDUM NUMBER 1 BID NO. 06-21 B ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE & TIME: June 7, 2006, 2:00 P.M. DATE OF ADDENDUM: May 22, 2006 Bidders are hereby notified that this Addendum shall be made part of the above named Invitation for Bid document. Please sign where indicated on the next page and submit with your bid. 1. Please replace page 4 of the bid document with the attached revised "ESTIMATED QUANTITIES BY ENTITY", which reflects a change to the quantities of the City of Tamarac. 2. Please replace the Bid Form page BF-2, with the attached revised "BID FORM" , which reflects a change to total quantities. 3. Please note the quantity changes for item #10, as shown on the revised bid form. 4. Please note the addition of 1" x 2" x 8' batten (furring) strips as new line item #11, 5. Please note the correction to the item description for item 12, to provide for #10d common electro-gaIvan ized nails. 6. Please note that Broward County has indicated an interest in ordering approximately 10% of their estimated quantities for stock, upon award of this agreement. 7. The City reserves the right to award the resultant contract to the bidder providing the lowest aggregate cost for all items, or for groups of items as indicated on the Bid Form, whichever is in the best interest of the City. There are no other changes to this bid. Please bid accordingly using the new bid form, If you have any questions regarding this addendum, please call (954) 597-3567. Sincerely, Keith K. Glatz, CPPO Purchasing & Contracts Manager Acknowledged: Attachments Date: 7525 NW 88th Avenue IN Tamarac, Florida 33321-2401 E (954) 597-3570 to Fax (954) 597-3565 E www.tamorac.org Equal Opportunity Employer C;rfy of Tamarac purhasiog Contr<)Us Division .._ `........ .. ...... .... ........ L<,wb ESTIMATED QUANTITIES BY ENTITY REVISED 5122/06 AGENCY 15x20 Econ 20x30 w Econ 25x40 Econ 30 x 40 Econ 30x50 Econ 30x40 Heav 30x50 Heav Broward County Board of Commissioners (May be required only in the event of a hurricane emergency.) 3000 2000 380 City of Coconut Creek Purchasing Division 100 150 City of Dania Beach 500 City of Deerfield Beach 50 50 50 City of Hallandale Beach 12 12 City of Li hthouse Point 50 50 City of Lauderhill 100 100 City of Parkland 24 City of Sunrise 2000 3000 City of Tamarac 600 300 50 50 TOTALS 3050 2000 50 2850 4554 62 62 i'fi of <d187citrkt . �. g ' Division ... tttrrrra tk#rritl5 BID FORM (continued) BID NO. 06-21 B REVISED May 22, 2006 The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide roof tarps. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. # Description Quantity Material Unit Price Freight per Unit Total Cost 1 Tarp, Economy, 15' x 20' 3050 Ea $ $ $ 2 Tarp, Economy, 20' x 30' 2000 Ea $ $ $ 3 4 Tarp, Economy, 25' x 40'� Tarp, Economy, 30' x 40' Tarp, Economy, 30' x 50' 50 Ea 2850 Ea 4554 Ea $ $ $ $ $ $ $ $ $ 5 6 7 8 Tarp, Heavy Grade, 30' x 40' Tarp, Heavy Grade, 30' x 50' Industrial Bungee Cord. 24" long 62 Ea 62 Ea 200 Ea 200 Ea --$-- $ $ $ $ $ $ $ $ $ $ $ 9 Industrial Bungee Cord. 36" long 10 GROUP TOTAL 1-9 Batten Strips, 8' x 1" x 3" 10,000 E $ $ $ 11 12 FFUrring Strips, 1"x 2" x 8; Fastener, cmmon 10d electro- alvanized nails GROUP TOTAL 10-12 10, 000 Ea 500 Lb _ $ $. - ..... $ $_�--...._. $ $ $ GRAND TOTAL ALL ITEMS 81-2 EXHIBIT B Cate of Tamaractv-) a ., , F COMPANY NAME: (Please Print): W.W. GRANGER INC. Phone: 954-524-4374 Fax: 954-971-3117 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... ff1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [✓] 2. Properly fill out the Bid Form. 0 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. ❑ 4. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. Q 5. Fill out the Offeror's Qualification Statement. a6. Fill out the References page. 27. Sign the Vendor Drug Free Workplace Form. []"8. Fill out the List of Subcontractors. ❑ 9. Fill out and sign the Certified Resolution. [210. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Failure to provide the requested attachments may result in your bid being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR BID. Page, 9 of " Rid Check List Purchasing and Contracts Division 0 City of Tamatc "Committed to Excellence... Always" ADDENDUM NUMBER 1 BID NO. 06-21 B ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE 8r TIME: June 7, 2006, 2:00 P.M. DATE OF ADDENDUM: May 22, 2006 Bidders are hereby notified that this Addendum shall be made part of the above named Invitation for Bid document. Please sign where indicated on the next page and submit with your bid. 1. Please replace page 4 of the bid document with the attached revised "ESTIMATED QUANTITIES BY ENTITY", which reflects a change to the quantities of the City of Tamarac. 2. Please replace the Bid Form page BF-2, with the attached revised "BID FORM" which reflects a change to total quantities. 3. Please note the quantity changes for item #10, as shown on the revised bid form. 4. Please note the addition of 1" x 2" x 8' batten (furring) strips as new line item #11. 5. Please note the correction to the item description for item 12, to provide for #10d common electro-galvanized nails. 6. Please note that Broward County has indicated an interest in ordering approximately 10% of their estimated quantities for stock, upon award of this agreement. 7. The City reserves the right to award the resultant contract to the bidder providing the lowest aggregate cost for all items, or for groups of items as indicated on the Bid Form, whichever is in the best interest of the City. There are no other changes to this bid. Please bid accordingly using the new bid form. If you have any questions regarding this addendum, please call (954) 597-3567. Sincerely, Keith K. Glatz, CPPO Purchasing & Contracts Manager Acknowledged: Date: GG V I' I, "mG Attachments 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 w Fax (954) 597-3565 ■ www.tomarac.org Equal Opportunity Employer INVITATION TO BID BID NO. 06-21B ANNUAL REQUIREMENTS FOR ROOF TARPS City of Tamarac Purchasing Division 7525 NW 88t" Avenue Room 108 954-597-3570 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 INVITATION FOR BID Bidder Acknowledgement � . • II�+�I =3 BID TITLE: ANNUAL REQUIREMENTS FOR ROOF TARPS BID OPENING DATE/TIME: June 7, 2006, 2:00 P.M. BUYER NAME: Keith K. Glatz, CPPO BUYER PHONE: 954-597-3567 BUYER EMAIL: keithg@tamarac.org PRE -BID CONFERENCE/SITE INSPECTION: NONE BONDING: Not required for this bid. GENERAL CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BIDS FOR COMMODITIES/SERVICES ISSUED BY THE CITY OF TAMARAC. THE CITY OF TAMARAC MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR BID BY INDICATING SUCH CHANGE IN THE INSTRUCTIONS TO BIDDERS OR IN THE SPECIAL CONDITIONS OF THE BID. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THESE GENERAL CONDITIONS SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY VENDORS STANDARD TERMS AND CONDITIONS REGARDLESS OF ANY LANGUAGE IN VENDOR'S DOCUMENTATION TO THE CONTRARY. SEALED BIDS THIS FORM SHOULD BE EXECUTED AND SUBMITTED WITH ALL BID FORMS IN A SEALED ENVELOPE. THE FACE OF THE ENVELOPE SHALL CONTAIN THE ABOVE ADDRESS, THE BID NUMBER AND THE BID TITLE. BIDS NOT SUBMITTED ON THE ATTACHED BID FORM MAY BE DEEMED NON -RESPONSIVE. ALL BIDS ARE SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. THOSE BIDS THAT DO NOT COMPLY WITH THESE CONDITIONS MAY BE DEEMED NON -RESPONSIVE. BIDDER COMPANY NAME: WW GRAINGER INC. COMPANY ADDRESS: 6781 NW 17 AVE FT LAUDERDALE FL. 33309 COMPANY PHONE: 954-524-4374 NAME OF AUTHORIZED AGENT: RICHARD BLACKBURN TITLE OF AUTHORIZED AGENT: ACCOUNT MANAGER AUTHORIZED AGENT EMAIL ADDRESS: BIDDER TAXPAYER ID OR SOCIAL SIGNATURE OF AUTHORIZED AGENT: RIC HARD. BLACKBU RN@GRAI NGER.COM - 361150280 I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as an agent for the Bidder. C3TC 1 SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 It is the intent of the City to award this bid to the lowest responsible and responsive Bidder. The City reserves the right to accept or reject any or all bids and to waive any informality conceming the bids when such rejection or waiver is deemed to be in the best interest of the City. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated, whichever is in the best interest of the City. This solicitation is issued pursuant to the City of Tamarac Code, Chapter 6, "Finance & Taxation", Article V, "Purchasing Procedures", Section 6-141 et seq. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal' are used interchangeably in reference to all offers submitted by prospective Bidders. 1. SUBMISSION OF THE BID The Bidder is directed to deliver sealed bids to the City of Tamarac, Purchasing Division, 7525 N. W. 88th Avenue, Room 108, Tamarac, Florida 33321, no later than the date and time specified on the cover page of this solicitation document. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall become a matter of public record. All Bidders and their representatives are invited to attend- The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be retumed unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified, the Bidder must use the bid form furnished in the bid document. The Bidder is requested to submit one (1) original and two (2) copies of the bid. The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All bid fomis must be typewritten or completed in ink. The Bidder must initial any erasures or com:ctions in ink. All bids shall be submitted in the c rc; English language. All prices, terms and conditions quoted in the submitted bid shall be expressed in U.S. Dollars, and will be fine for acceptance for sixty (60) calendar days from the date of the bid opening unless otherwise stated by the City. The Bidder preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. i#;I11717 -4,ke..1-1fl When required on the cover page, a bid deposit or bid surety bond in the amount specified shall accompany the bid. Bid deposits shall be in the form of cash, certified check or cashier's check, drawn on a responsible bank doing business in the United States, and shall be made payable to the City of Tamarac. In lieu of a bid deposit, a bid surety provided by a firm licensed to business in the State of Florida shall be provided to the City. Any bid deposits will be retumed to the Bidders at the time of contract award. The bid deposit of the successful vendor shall be returned upon receipt of acceptable Performance and/or Payment bonds. 3. BONDING When required by the specification herein, the successful Bidder shall furnish a Performance and Payment bond, and/or Warranty bond, as stated on the cover page of this solicitation, on the Citys forms, within fifteen (15) calendar days after notification of contract award. Failure to furnish the required bonds within the time specified may be cause for rejection of the bid and any bid deposit may be retained by the City as liquidated damages and not as a penalty. Said sum shall be a fair estimate of the amount of damages the City would sustain due to Bidders failure to fumish said bonds. 4. WITHDRAWAL OF BID Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the Purchasing Office. 5. PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88r" AVENUE TAMARAC, FL 33321 954-597-3570 bid on a contract with a public entity for the construction or repair of a public building or public work, may not . submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 6. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit Form and shall submit this form with the bid/proposal. The City considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 8. QUANTITIES Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 9. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be fixed and firm for a period of sixty (60) calendar days, or ninety (90) calendar days when the contract must be approved by another agency. Payment will be made only after receipt and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment GTC-4 terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed made on the date of the mailing of the check. All payments shall be governed by the Local Government Aompt Payment Act, F.S. Chapter 218. r I =141/�9 All items shall be delivered F.O.B. destination to a specific City address. All delivery costs and charges must be included in the bid price. The City reserves the right to cancel order; or any part thereof, without obligation if delivery is not made at the time specified in the bid. 11. MANUFACTURER'S NAME & APPROVED EQUIVALENTS Manufacturer's name, trade name, brand name information and/or model/catalog numbers are used in these specifications for information and establishment of a quality level desired, and are not intended to restrict competition unless otherwise specified in the bid. The Bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and modeUratalog number. Bidder shall submit complete descriptive literature and/or specifications with the bid. The burden of proof for specification compliance is solely on the Bidder. The City reserves the right to be the sole judge of what is equal and acceptable. Failure to provide this information within three (3) business days of the City's request may be grounds for bid disqualification. If Bidder fails to name a substitute, it will be assumed that the Bidder has submitted a bid which conforms in all aspects to the requirements of the bid document, and that the Bidder intends to furnish goods identical to the bid standard. 12. SAMPLES AND DEMONSTRATIONS When requested, samples are to be famished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the Bidder's name and manufacture's brand name. The City will not be responsible for returning samples. SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder II& BACKGROUND INVESTIGATION As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Bidder's officers and/or employees, by the Broward County Sheriffs Office. Bidders submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Bidders qualifications. 14. CONDITIONS OF MATERIALS All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards_ The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. Successful Bidder shall furnish all guarantees and warranties to the Purchasing Division prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 16. COPYRIGHTS OR PATENT RIGHTS The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 16. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conform with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards, if applicable. 17. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirements of the bid shall be just cause for cancellation of the bid award, `.Tr_4 notwithstanding any additional requirements enumerated in the Special conditions herein relating to performance based contracting. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 18. INSPECTION The City shall have the right to inspect any materials, components, equipment, supplies, services or completed work specified herein. Any of said items not complying with these specifications are subject to rejection at the option of the City. Any items rejected shall be removed from the premises of the City and/or replaced at the entire expense of the successful vendor. a. DEFAULT In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. b. TERMINATION FOR CONVENIENCE OF CITY Notwithstanding any additional requirements for Performance based contracting contained in the special conditions herein, the final Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 1711111111111 111 "loll 21CK@111 i This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 20. ASSIGNMENT The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 21. EMPLOYEES Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the ads and omissions of all employees working under its directions. 22. NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitrnent or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination cause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 23. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 24. OMISSION OF DETAILS Omission of any essential details from these G rC-5 specifications will not relieve the Bidder of supplying such product(s) as specified. 25. INSURANCE REQUIREMENTS Bidder agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its employees, agents, or subcontractors, K any, with respect to the work and services described herein. Bidder shall obtain at Bidder's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Officer before beginning work under this Agreement. Bidder shall maintain such insurance in full force and effect during the life of this Agreement. Bidder shall provide to the City s Risk & Safety Officer certificates of all insurance required under this section prior to beginning any work under this Agreement. Bidder shall indemnify and save the City harmless from any damage resulting to it for failure of either Bidder or any subcontractor to obtain or maintain such insurance. The following are required types anli minimum limits of insurance coverage, which the Bidder agrees to maintain during the term of this contract if required by the City_ Line of Business/ Occurrence Coverage Commercial General $1,000,000 Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Aggregate $1,000,000 Cross Liability and Severability of Interest Clause SUBMIT BID TO: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88TH AVENUE TAMARAC, FL 33321 954-597-3570 Automobile Liability $1,000,000 $1,000,000 Workers' Compensation Statutory & Employer's Liability The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A Vll per A.M. Bests Key Rating Guide and be licensed to do business in Florida_ Policies shall be "Occurrence" form. Each carrier will give the City sixty (60) days notice prior to cancellation. The Bidder's liability insurance policies shall be endorsed to add the City of Tamarac as an 'additional insured". The Bidder's Workers Compensation carrier will provide a Waiver of Subrogation to the City. The Bidder shall be responsible for the payment of all deductibles and self - insured retentions. The City may require that the Bidder purchase a bond to cover the full amount of the deductible or self -insured retention. If the Bidder is to provide professional services under this Agreement, the Bidder must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 26. INDEMNIFICATION The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attomeys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful C�TGri misconduct of the City of Tamarac or its elected or appointed officials and employees. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 27. CLARIFICATION & ADDENDA Where there appears to be variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Specifications shall prevail_ The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. If, upon review, any material errors in specifications are found, the Bidder shall contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning clarification, or requests for additional information shall be submitted in writing to the Purchasing and Contracts Manager. The City of Tamarac reserves the right to amend this bid prior to the Bid opening date indicated by written addenda. Written addenda shall serve as the sole means of clarification. The City shall not be responsible for oral interpretations given by any City employee or its representative. 28. BID TABULATION Bidders may download the bid tabulation directly from the Internet at http://www_tmarac,ora/DeDttfin/Durch/resufs.html. The City does not notify unsuccessful Bidders of contract awards. Pursuant to Florida Statute Chapter 119, Section 7(m), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to F.S_ §120.57(3xa), or within 10 days after bid/proposal opening, whichever is earlier.. SUBMIT BID To: CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 954-597-3570 29. RECORDS/AUDITS The Contractor shall maintain during the term of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract for the duration of the contract and retain them for a minimum period of one (1) year beyond the last day or the contract terra. 30. UNBALANCED BIDS When a unit price bid has variable or estimated quantities and the bid shows evidence of unbalanced bid pricing, such bid may be rejected. 31. UNIT PRICES Where a discrepancy between unit price and total price is indicated on a Bidder's submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. c TCa 0 0 City of Tamarac Purchasing and Contracts Division INVITATION TO BID 31 �7:L•�Z��l'? Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW $$th Avenue, Tamarac, Florida 33321-2401 until June 7, 2006 at 2:00 p.m. (Purchasing Office time stamp is considered official time), at which time bids will be publicly opened and announced for: FURNISH & DELIVER ROOF TARPS The attached Invitation to Bid represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. The governmental agencies participating in this procurement and their respective delivery locations are listed in the attached document. All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original bid, clearly marked "Original", shall be submitted on the official bid form furnished with this bid package. Two (2) photocopies of the submitted bid should accompany the original; however, copies must be made available within 3 business days of the City's request. The submittal should be plainly marked "Bid No. 06-21 B, Furnish & Deliver Roof Tarps, opening on June 7, 2006 at 2:00 p.m." on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 597- 3570. Keith K. Glatz, CPPO Purchasing & Contracts Manager • Publish Sun Sentinel: Sunday, May 215t and 28th, 2006 0 City of Tamarac Cooperative Purchasing: Purchasing and Contracts Division SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. FOR THE PAST SEVERAL YEARS, APPROXIMATELY FORTY FIVE (45) GOVERNMENT ENTITIES HAVE PARTICIPATED IN COOPERATIVE PURCHASING IN SOUTHEAST FLORIDA. THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE WAS FORMED IN AN EFFORT TO PROVIDE COST SAVINGS AND COST AVOIDANCES TO ALL ENTITIES BY UTILIZING THE BUYING POWER OF COMBINED REQUIREMENTS FOR COMMON, BASIC ITEMS. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • THE CONTRACTOR(S) SHALL FURNISH THE LEAD AGENCY A DETAILED SUMMARY OF SALES SEMI-ANNUALLY DURING THE CONTRACT PERIOD, SALES SUMMARY SHALL INCLUDE CONTRACT NUMBER(S), CONTRACTOR'S NAME, THE TOTAL OF EACH COMMODITY SOLD DURING THE REPORTING PERIOD AND THE TOTAL DOLLAR AMOUNT OF PURCHASES BY COMMODITY. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or 12urchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" u O co U 0 W 7 U CU C1 N '0 c co .ca :.c c CD c as Q U cc$ 0_ U) U C N tCf N 0 U) w .T to c O 0 LL W OOD ti EDD ��; CAD N fl- U') 0 h A 4 CD t,� (D 6 M N 1� _ C'') I-- N co to v m U') 1-- rn CA CF) 03 CA m 0) to CA CA C) E H O c � a c O U) z cu c w a U °� O m U a. 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O O O Cr a' =' mU mr U CLI U 1 U 15 10 1 U U 1 U U m of Tamarac: Purchasing & Contracts Division ESTIMATED QUANTITIES BY ENTITY REVISED 5/22/06 AGENCY 15x20 Econ 20x30 Econ 2500 Econ 30 x 40 Econ 30x50 Econ 3000 Heavy 30x50 Heavy Broward County Board of Commissioners (May be required only in the event of a hurricane emergency.) 3000 2000 380 City of Coconut Creek Purchasing Division 100 150 City of Dania Beach 500 City of Deerfield Beach 50 50 50 City of Hallandale Beach 112 12 City of Lighthouse Point 50 50 City of Lauderhill 100 100 City of Parkland 24 City of Sunrise 2000 3000 ,City of Tamarac 600 300 50 50 TOTALS 13050 12000 50 12850 14554 162 162 4 0 City of Tamarac 0 Purchasing and Contracts Division GENERAL REQUIREMENTS BID 06-21 B 1. MATERIALS, WORKMANSHIP AND COMPATIBILITY INFORMATION All furnished materials and workmanship shall be of the highest grade in accordance with modern industry practices. The items supplied shall be new and unused. Meets Specification: x Deviates: 2. WARRANTY All items furnished in accordance with these specifications shall be covered by the manufacturer's and/or supplier's standard warranty or guarantee. Meets Specification: x Deviates: 3. EXCEPTIONS Any exceptions to the specification requirements for this bid, or failure to submit requested information will be considered sufficient cause for rejection of a bid. Meets Specification: x Deviates: City of Tamarac 1. 3. • Purchasing and Contracts Division SPECIAL CONDITIONS BID 06-21 B FURNISH AND DELIVER ROOF TARPS PURPOSE OF BID The City of Tamarac is hereby requesting Bids, from qualified bidders, to supply Roof Tarps per the conditions and specifications contained in this document. The contract term shall be for an initial period of one (1) year, beginning approximately June 15, 2006. The City reserves the right to renew the contract for up to three (3) additional one (1) year periods, providing all parties agree to the extension and renewal terms. This is a Cooperative Invitation to Bid issued by the City of Tamarac on behalf of the participating governmental entities in the Southeast Florida Governmental Cooperative, as referenced within this bid document. All quantities given are estimates of annual usage and may be increased or decreased to meet the requirements of each participant. No warranty is given or implied as to the exact quantities that will be used during the term of this contract. In addition, Co-op members who do not participate directly may piggy -back this agreement at any time during the term, with the permission of the successful vendor. AWARD RESERVATIONS The City reserves the right to consider a Bidders history of performance and deliveries in determining a Bidder's responsibility, and further reserves the right to declare a bidder not responsible if the history of violations warrants such determination. Award to be made on an all -or -none basis to the lowest aggregate responsive and responsible bidder, or in the best interest of the City. PRICING A. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. B No price increase will be accepted during the initial contract period. The successful contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on contractor's actual freight and fuel cost only. To qualify for this increase, the contractor must submit justification and written verification from freight/fuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the contractor be permitted to request additional profit. The City will accept a price decrease at any time. 6_ • 0 City of Tamarac Purchasing and Contracts Division 4. ORDERS Each entity participating in this Agreement shall be responsible for placing orders under this Agreement with the successful bidder. Agencies shall order quantities on an as needed basis during the term of the Agreement. 5. DELIVERY Bidder shall be capable of and agree to the following: A. Deliver to the location specified, and provide for dock delivery, including unloading of all trucks at the site specified. B. The risk of loss, injury or destruction, regardless of the cause, shall be on the Bidder until the delivery of goods to the designated City or agency location. Title to the goods shall pass to the City or agency upon delivery and acceptance. 6. POST -HURRICANE EVENT — EXPEDITED DELIVERY REQUIREMENTS It is anticipated that the majority of roof tarps will be ordered for inventory stock, however, some entities may wish to purchase quantities contingent on a hurricane event. It is understood that immediately following a hurricane event, that the ability to transport items may be difficult to accomplish. In the event of such a situation, the City will permit the contractor to obtain transportation at the then prevailing cost, and bill the entity as a pass -through cost, with no additional profit margin. In addition, the City or entity reserves the right to contract separately for transportation. If an entity contracts for transportation, the contractor shall provide access to their facility for pick-up of merchandise, and shall waive the associated freight charge. 7. INVOICING Invoice shall indicate Purchase Order number, Unit price, extension, total billed and any allowable cash discounts. 8. QUANTITIES The quantities shown herein are only estimates of requirements. Additionally, many quantities shown are contingency figures based on the event of a severe storm event. The agreement shall be for the volume actually ordered. Payment shall only be authorized for actual orders released under this agreement. 7 City of Tamarac: 0 Purchasing and Contracts Division TECHNICAL SPECIFICATIONS BID NO. 06-21 B ANNUAL AGREEMENT FOR ROOF TARPS 1 INTRODUCTION The following technical requirements shall govern the purchase of roof tarps to be utilized for distribution by the City of Tamarac, and other agencies within the SE Florida Governmental Purchasing Co-operative during the contract period. 2. SIZES Tarps shall be provided in the following nominal sizes, with finished sizes to be not greater than 6" shorter on any single side: 15' x 20' 20' x 30' 25' x 40' 30' x 40' 30' x 50' 3. MATERIALS A. Economy: Tarps shall be polyethylene construction, minimum 5.1 Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 2.9 ounces per square yard. Weave shall be a minimum 800 denier, with a minimum 8 x 8 fiber count. B. Heavy -Duty: Tarps shall be polyethylene construction, minimum 10.5" Mils thickness, fiber coated on both sides. The tarp weight shall be a minimum of 5.4 ounces per square yard. Weave shall be a minimum 1200 denier, with a minimum 14 x 14 fiber count. 4. RESISTENCE TO ELEMENTS Tarps shall be designed to resist ultraviolet rays from the sun, and shall be designed to be water resistant, acid resistant, mildew resistant, and tear resistant. 5. SEAMS Seams, when required because of the tarp size, shall be heat -sealed. 6. GROMMETS A. Economy: Tarps shall utilize reinforced aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 36". B. Heavy -Duty: Tarps shall utilize reinforced rust resistant aluminum grommets, which shall be spaced along at least two opposite sides of the tarp, at increments of approximately 18". In addition, corners shall be reinforced. Page 1 of 1 Technical Specific;atioos of Tamarac 0 Purchasing and Contracts Division :11931*] V !,I BID NO. 06-21 B I:10101 c�T:Th� Submitted by: W.W. GRAINGER INC. THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date 6/6/2006 1. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 3. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 4. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. 5. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 6. Bidder will complete the Work for the prices shown in the "Bid Form". 7. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. BF- i • 0 City of Tamarac Purchasing & Contracts Division BID FORM (continued) BID NO.06-21 B REVISED May 22, 2006 The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide roof tarps. We propose to furnish the following in conformity with the specifications and at the prices indicated below. Said bid prices have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder upon successful completion of its obligation as specified in the contract documents. # Description Quantity Material Unit Price Freight per Unit Total Cost 1 Tarp, Economy, 15' x 20' 3050 Ea $10.25 $ Pre paid $ 31262,50 2 Tarp, Economy, 20' x 30' 2000 Ea $ 20.85 $Pre paid $ 41700.00 3 Tarp, Economy, 25' x 40' 50 Ea $ 32.50 $ Pre paid $ 1625.00 4 Tarp, Economy, 30' x 40' 2850 Ea $ 62.15 $Pre paid $ 177127.50 5 Tarp, Economy, 30' x 50' 4554 Ea $_.5224� $ Pre paid $ 237200.95 6 Tarp, Heavy Grade, 30' x 40' 62 Ea $ 147.33 $ Pre paid $ 9134.46 7 Tarp, Heavy Grade, 30' x 50' 62 Ea $ 180.71 $ Pre paid $ 11204.02 8 Industrial Bungee Cord. 24" long 200 Ea $ .50 $ Pre paid $ 100.00 9 Industrial Bungee Cord. 36" long 200 Ea $ .65 $ Pre paid $ 130.00 GROUP TOTAL 1-9 $ 510184.44 10 Batten Strips, 8' x 1" x 3" 10,000 Ea $ 1.60 $ Pre paid $16000.00 11 Furring Strips, 1 " x 2" x 8' 10, 000 Ea $ .90 $ Pre paid $ 90000 12 Fastener, common 10d electro- galvanized nails 500 Lb $4.06 per 5Lb pkg $ pre paid $ 406.00 GROUP TOTAL 10-12 $25406.00 GRAND TOTAL ALL ITEMS $ 535590.44 BF-2 City of Tamarac -t-- BID FORM (continued) BID NO. 06-21 B Purchasing and Contracts Division The City reserves the right to reject any bid, if it deems that a vendor has deliberately provided erroneous information. The undersigned declare to have specific and legal authorization to obligate their firm to the terms of this bid, and further, that they have examined the Invitation to Bid, the instructions to Bidders, the Specifications, and other documents included in this bid request, and hereby promises and agrees that, if this bid is accepted, they will faithfully fulfill the terms of this bid together with all guarantees and warranties thereto. The undersigned bidding firm further certifies the product and/or equipment meets or exceeds the specification as stated in the bid package; and also agrees that products and/or equipment to be delivered which fail to meet bid specifications will be rejected by the City within thirty (30) days of delivery. Return of rejection will be at the expense of the bidder. G� A tholized Signature RICHARD BLACKBURN Typed/Printed Name 954-524-4374 Telephone 954-571-3117 Fax RICHARD.BLACKBURN a@GRAINGER.COM Email address for above signer (if any) BF-3 W.W. GRAINGER INC. Company Name 6781 NW 17 AVE Address FT LAUDERDALE FL_ 33309 City, State, ZIP 361150280 Federal Tax ID Number 1_1 City of Tamarac 0 Purchasing and Contracts Division BID FORM (continued) BID NO. 06-21 B Bidders Name: W.W. GRAINGER INC. TERMS: % (percent discount, if any, if payment made within DAYS; otherwise, terms are NET 30 days. Delivery/completion: 14-28 calendar days after receipt of Notice to Proceed or Purchase Order, whichever is applicable for this project. To be considered eligible for award, one (1) original and three (3) copies of this bid form should be submitted with the Bid. Copies must be provided within 3 business days of City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder, as evidenced by completion of the Certified Resolution form contained herein (or acceptable Corporate Resolution) may be deemed non -responsive and ineligible for award. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. BF-4 City of Tamarac • Purchasing and Contract, Division BIDDER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company W.W. GRAINGER INC Address 6781 NW 17 AVE City State Zip FT LAUDERDALE FL. 33309 Telephone 954-524-4374 Fax Number 954-571-3117 1. How many years has your organization been in business under its present name? 79 Years 2. If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: 3. Under what former name(s) has your business operated? List former address(es) of that business (if any). 4. Are you Certified? Yes © No ❑ If Yes, attach copy of Certification 5. Are you Licensed? Yes x❑ No ❑ If Yes, attach copy of License 6. Has your company ever declared bankruptcy? Yes ❑ No ❑x If Yes, explain: 7. Are you a Sales Representative ❑ Distributor 0 Broker ❑ or Manufacturer ❑ of the commodities/services bid upon? 8. Have you ever received a contract or a purchase order from the City of Tamarac or other governmental entity? Yes ® No ❑ If yes, explain (date, service/project, bid title etc.) State of Florida MRO Contract / Many contracts for Broward Count Palm Beach County,Broward County School Board, Palm Beach County School Board, any many other state and local government entities 9. Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No x❑ If yes, explain: 10. Have you ever been debarred or suspended from doing business with any governmental entity? Yes ❑ No M If yes, explain: Page 9 of i Bidder's Qualification Statement City. of Tamarac 0 Purchasing & Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name W.W. GRAINGER INC, Address 6781 NW 17 AVE City State Zip FT LAUDERDALE FL. 33309 Phone/Fax 954-524-4374 / 954-971-3117 E-mail —.R..I.CHARD.BLACKBURN@GRAINGER-COM Agency/Firm Name: Broward County School Board Address 7720 W. Oakland Park Blvd City State Zip Sunrise, Fl. 33351 Phone/Fax 754-321-0505 Contact Name ---Mark Al -an Agency/Firm Name: palm -Beach County School Board Address 3326-EgreA Hill City State Zip West Palm Beach Fl- Phone/Fax 561-434-8209 Contact Name Robert Bruno ...... ... .... Agency/Firm Name: City of Boca Raton Address 201 Wpalmetto, Pk Rd. City State Zip Boca Raton Fl. Phone/Fax 5617393-7700 Contact Name Nancy Halloran Agency/Firm Name: Palm beach County Address ....... ..... 50 S. Military Trail suite 110 City State Zip ---------- West Palm Beach FL. Phone/Fax 561-616-6814 561-242-6714 Contact Name Cindy Brewer Agency/Firm Name: Miami Dade County .......... Address 111 NW 1st St. Suite 13000 City State Zip Miami, Fl. 33128 Phone/Fax 305-375-2102 Contact Name Pablo Martinez - — ----------- Page 1 of I References City of Tamarac, Purchasing & Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of , 20, (SEAL) By: Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 1 of 1 Certified Resolution City of Tamarac Purchasing & Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (1) certify that we(1) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION x❑ OTHER ❑ If "Other", Explain: Authorized SignatuTV Richard Blackbum Typed/Printed Name 954-524-4374 Telephone 954-971-3117 Fax RICHARD. BLACKBU RN@GRAINGER.COM Email address for above signer (if any) W.W.GRAINGER INC. Company Name 6781 NW 17 AVE. Address FT LAUDERDALE, FL_ 33309 City, State, ZIP 361150280 Federal Tax ID Number Ar/,4- License Number ............. . f Page 1 of ? Certification of -Tamarac. Purchasing & Contacts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, certify that this form complies fully with the above requirements. W.W. GMINGER INC. Athorized SignatuEW Company Name Page 1 of 1 Drug Free Workplace City of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND THIS AGREEMENT is made and entered into this = day of JUNE , 20o6 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. $$th Ave., Tamarac, FL 33321 (the "CITY") and W.W. GRAINGER INC. aILLINOIScorporation with principal offices located at 6781 NW 17 AVE FT LAUDERDALE FL. 33309 (the "Contractor") to provide for roof tarps for the City, and for agencies within the Southeast Florida Governmental Purchasing Cooperative (the "Co-op"). Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents consist of this Agreement, Bid Document No. including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between as issued by the City, and the Contractor's Proposal, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all tarps in the size and grade as ordered by the City or other member of the Co-op. 2.1.2 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. When required by the City, the Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in ............... . 3 City of Tamara _... _ _� Purchasing and Contracts Division the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Contract Term The term of this Agreement shall be for one (1) year period from the effective date of this Agreement. This Agreement may be renewed for up to three (3) additional one (1) year terms at the same terms and conditions as the original term, upon mutual agreement of both parties. 5) Pricing 5.1 Pricing shall be as provided in Contractor's bid included herein. Prices quoted shall be F.O.B. destination, according to the rate in effect on the date set forth in the proposal and shall include all fuel surcharges and demurrage charges. Pricing shall remain and firm and fixed through the contract period. 5.2 No price increase will be accepted during the initial contract period. Contractor may submit a price increase or decrease request to be effective on the anniversary date of the Agreement, based on Contractor's actual freight and fuel cost only. To qualify for this increase, the Contractor must submit justification and written verification from freightifuel distributor(s) to the Purchasing Division prior to initial contract term expiration, including copies of actual invoices, or other appropriate documentation. Under NO circumstances will the Contractor be permitted to request additional profit. The City will accept a price decrease at any time. fi) Payments Payment will be made after proper delivery of compliant products, and receipt of a properly completed invoice. All payments shall be govemed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. Each member of the Co-op shall be responsible for their payment arrangements. City of Tamarac op,rchasingand Contracts Division 7) Warranty Contractor shall provide the manufacturer's standard warranty of merchantability, and fitness for a particular purpose. All warranties are to be provided to the Purchasing & Contracts Manager prior to the effective date of this Agreement. 8) Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of fife, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. 8.3 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be 15 11 - 0 U 4) F LL W oao} a W a' ipi U d m `o LL Q1 N U E 7 A} m W a a J d � Z = Z J o z °c a z i o itt z z a me °o`o U e ¢ r)) O o o orN K U D o H W0. LL ;, w }} Q uii cp`L Y H 1^ z ii 7 LU a C y4{ LA %i{ 4" 2 W m Q 0 cu :t i0 o 0 v_ X z W LL U W © w to LU r U U a } w (3Y ..1 �i/ pJ 'W Jw o U Z LL Z F Q -y W 0 O LU oz ❑marLU � LU O O w T N 10 o U •m U i CDj CD �� M u U N U a ;') I E e- Z „ U n W m tt �; d is c O p fi O (' - a g m O0 a c~i w a r} Cl o v O p ❑ z U w lei tp to J d tam W W p (o _I V M N CO O J C. U "�+ M C it; LU cn D o w mLL > w p ¢ z E z . O UJ a s i4 o cn � LU <WLL m z W O o v LU w 10 � ai 3 w 0 0 rK g G m x z LD r~ O n a} w g� C1HW 0 2 0 i ii I� w W w 7 y O a �. LL n QU o W U Q C i> d¢ Z z a 14 Um 0a I }�Ay.} W a1Ai : 7 La N If City of Tamarac i OPr.rr'chasin and Contracts Division _.. .. - - - limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 10) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carving out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 11) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 12) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 s City of Tamarac Opurchasing and Contracts Division With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR 13) Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or City of Tamarac purchasing and Contracts Division remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other City of Tamarac Purchasing and Contracts Division presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. Remainder of Page Intentionally Blank City of Tamarac Purchasing and Contacts Division IN WITNESS WHEREOF, THE PARTIES HAVE MADE AND EXECUTED THIS AGREEMENT ON THE RESPECTIVE DATES UNDER EACH SIGNATURE. CITY OF TAMARAC, SIGNING BY AND THROUGH ITS MAYOR AND CITY MANAGER, AND CONTRACTOR, SIGNING BY AND THROUGH ITS DULY AUTHORIZED TO EXECUTE SAME, ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: Signature of Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Beth Flansbaum-Talabisco, Mayor Date Jeffrey L. Miller, City Manager Date Approved as to form and legal sufficiency: City Attorney Date Company Name Signature of President/Owner Type/Print Name of President/Owner Date City of Tamarac, 0 Purchasing & Contracts Division SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. 06-21B to the City of Tamarac for ANNUAL REQUIREMENTS FOR ROOF TARPS 2. This sworn statement is submitted by WW GRAINGER INC (Name of entity submitting sworn statement) Federal Employer Identification Number (FEIN) 361150280 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is RICHARD BLACKBRUN (Print name of individual signing) My relationship to the entity named above is ACCOUNT MANAGER 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entity of a plea of guilt or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime: or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. City of Tamarac 0Purc17asi17q and Contracts Division 7. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) QNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this swam statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ❑ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list_ (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. 4L �-' (Signature) 6/07/2006 (Date) 7 /0 NOTARY PUB IC -STATE OF FLORIDA waKathleen M. Franzone aI>7lnissioo # DD47,W8 Expires: OCT 30, 2009 Bonded Thru Atlantic Bonding Co., Inc. 2 City of Tamarac 0 Purchisiog & Contracts Division ACKNOWLEDGMENT 1►101:role] 11IM--i1'l=I_1291.17 V111 State of Florida County of On this the day of , 20_g�-,, before me, the undersigned Notary Public of the State of Florida, personally appeared �>"ialo-x-\�s V. 16\ac 1`J �A- V- r'-' and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC -STATE OF FLORIDA Kathleen M. Franzone Commission # DD474868 Expires: OCT. 30, 2009 Bonded Thru Adantie Bondi4is Pss, Inc, NOTARY PUBLIC, STATE OF FLORI A (Nameof Notary Public: Pri , Stamp, or Type as Commissioned) ❑ Personally known to me, or produced identification: CL_ `�ry"<:� L- i C- � %--.I?_ (Type of Identification Produced) ❑ DID take an oath, or)21;plD NOT take an oath Page 2 of 2 Non -Collusive Affidavit 0 City of Tamarac Purchasing & Contracts Division State of ILLINOIS County of COOK iC�]ifi�l�7���91�L1��I�ZY/�1 )SS. RICHARD BLACKBURN BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT: He/she is the Rewesentative , (Owner, Partner, Officer, Representative or Agent) of ZJ.W. GRAINGER INC_ the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed a delivered in the presence of: Witn Witness A,� 710, ����/ � W. Pri -. ame 127 Title Page 1 of 2 Non -Collusive Affidavit of Tamarac: Ourchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF off - SS COUNTY OF 1eoc r- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ���C �:�c�.'' ✓� , of �1yJ • �? rc�ar� �P a "c'�bJA-1 � Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this 4day ofL�n=9=, 20 0. NOTARY PUBLIC -STATE OF FLORIDA Kathleen M. Franzone Commission # DD474868 Expires: OCT. 30, 2009 rionde�l Th�x fltir nt�e Pondina Co:, Ine, J� Signature of Notary Pu li State of Florida at L e Print, Type or Stamp Name of Notary Public personally known to me or Produced Identification L/er5 A i c. -Pi4 S Type of I.D. Produced ❑ DID TAKE AN OATH, OR DID NOT TAKE AN OATH.