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Home My WebLink AboutCity of Tamarac Resolution R-2004-124Temp. Reso. #10449 - Page 1 May 10, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE AWARD OF BID #04-10B, ENTITLED "REPLACEMENT OF GYMNASIUM FLOOR AT MULTI PURPOSE CENTER", TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, ROBBINS SPORT FLOORS SOUTH FLORIDA, L.L.C.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR BID #04-10B IN THE AMOUNT OF $45,005.00 FOR THE REMOVAL AND REPLACEMENT OF THE EXISTING FLOOR IN THE MULTI PURPOSE CENTER GYMNASIUM; APPROVING FUNDING FROM THE APPROPRIATE PARKS AND RECREATION ACCOUNT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac prides itself on providing residents and visitors with quality facilities and services; and WHEREAS, presently, the Multi Purpose Center Gymnasium floor is fourteen years old and has maintained extensive use, resulting in extensive wear of the floor; and WHEREAS, the City of Tamarac publicly advertised Bid #04-10B entitled "Replacement of Gymnasium Floor at Multi Purpose Center" in the Sun -Sentinel on April 11, and April 18, 2004, hereto attached as Exhibit "A"; and Fj Temp. Reso. #10449 - Page 2 May 10, 2004 WHEREAS, proposals were solicited from four (4) vendors and two (2) proposals were received; and WHEREAS, Robbins Sport Floors South Florida, L.L.C., was determined to be the most responsive, responsible bidder meeting the City's needs; and WHEREAS, it is the recommendation of the Director of Parks and Recreation and the Purchasing and Contracts Manager that Bid #04-10B entitled "Replacement of Gymnasium Floor at Multi Purpose Center" be awarded to Robbins Sport Floors South Florida, L.L.C. 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 authorize the award of Bid #04-10B entitled "Replacement of Gymnasium Floor at Multi Purpose Center" to Robbins Sport Floors South Florida, L.L.C., and to execute an Agreement, attached hereto as Exhibit "B", in the amount of $45,005.00 for the replacement of the Gymnasium floor at the Multi Purpose Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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. Temp. Reso. #10449 - Page 3 May 10, 2004 SECTION 2: That Bid #04-10B entitled "Replacement of Gymnasium Floor at Multi Purpose Center" is hereby awarded to Robbins Sport Floors South Florida, L.L.C., in the amount of $45,005.00 for the replacement of the Gymnasium floor at the Multi Purpose Center. SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement with Robbins Sport Floors South Florida, L.L.C. relating to Bid #04-10B and the replacement of the Gymnasium floor at the Multi Purpose Center. SECTION 4: That funding is available in the appropriate Parks and Recreation account, entitled "Equipment $750 or Greater". SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #10449 -Page 4 May 10, 2004 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 26th day of May, 2004. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHE!<L/S. NVAF CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 1 n Temp. Reso. #10449 - Exhibit A 1 INVITATION TO BID ' QF -r'4tiI '9 ail �� ` • �j3t1� � P OR1�© i BID NO. 04-10B Replacement of Gymnasium Floor at Multi -Purpose Center Issued on behalf of the Parks & Recreation Department City of Tamarac Purchasing Division 7525 NW 88th Avenue Room 108 Tamarac, Florida 33321-2401 (954) 724-2450 { T� A City of 1 amar sac Purchasing and Contracts Division TABLE OF CONTENTS Bid 04-10B Invitationto Bid......................................................................................................2 Instructions to Bidders..........................................:................................................3 General Terms and Conditions.............................................................................3 SpecialConditions...............................................................................................11 Technical Specifications.....................................................................................18 Bid Coversheet Checklist....................................................................................21 BidForm..........................................................................................................1 — 5 Certification....................................................................................................1 of 1 Certified Resolution........................................................................................1 of 1 Offeror's Qualification Statement....................................................................1 — 5 Non -Collusive Affidavit....................................................................................1 — 2 Vendor Drug -Free Workplace........................................................................1 of 1 References.....................................................................................................1 of 1 List of Subcontractors.....................................................................................1 of 1 BidBond..........................................................................................................1 — 2 Form Payment Bond.......................................................................................1 — 3 Form Performance Bond.................................................................................1-4 Application for Payment.................................................................................1 of 1 ChangeOrder................................................................................................1 of 1 Final Release of Lien by Contractor — Standard Form of Agreement..........................................................................1 — 7 1 Purchasing and Contracts Division City of Tamarac "Committed to Excellence ... Alwoys" INVITATION TO BID BID NO.04-10B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, Room 108, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 4:00 PM at which time bids will be publicly opened and announced for: REPLACEMENT OF GYMNASUIUM FLOOR AT MULTI PURPOSE CENTER ) 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. Submit one (1) original document, marked "Original' on its exterior, prior to the bid opening deadline. Late bids will not be accepted. Two (2) photocopies should accompany your original. Bids shall be submitted on the official Bid Form furnished with this bid package; and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked "Bid 04-10B, REPLACEMENT OF GYMNASIUM FLOOR AT MULTI PURPOSE CENTER" on the outside of the envelope. Bid Guarantee: Each bid shall be accompanied by a certified or cashier's check, or Bid Bond in the amount of 5% of the total bid price payable to the City of Tamarac as guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. Failure to provide an acceptable form of Bid Guarantee with your bid will result in automatic rejection of your bid. The work consists of Contractor furnishing all labor, materials, tools, and equipment necessary as indicated in the specifications herein and generally includes installation of a new multi purpose synthetic sports floor and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. 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 in the Purchasing office or may be downloaded from the Internet at http://www.tamarac.org/Dept/fin/i)urch/solicitations.html. For non -technical inquiries, contact the Purchasing Office (954) 724-2450; and for technical issues, contact Greg Warner, Assistant Director of Parks and Recreation via phone at (954) 724-2445 or fax to (954) 724-1395. James Nicotra Senior Procurement Specialist Publish Sun Sentinel: Sunday, 01/18 and 01/25/2004 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 ■ www.tomarac.org Equal Opportunity Employer of l arrarac Purchasing and Contracts Division ---_.-___...._-.._......---------------_...___...---__-------.....------------.____..._.___._ INSTRUCTIONS TO BIDDERS BID NO. 04-10B 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 of Tamarac. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for the installation of a new multi purpose synthetic sports floor and all other incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Bidder shall, at time of bid opening, possess proof of being an approved installer by the manufacturer of the proposed flooring system. 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's Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, by the date and time noted in the Invitation to Bid. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number and bid name on the outside of the sealed bid package. Delivery of the sealed bids to the City 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 packet. The Bidder shall submit one (1) original bid document prior to the bid opening deadline. Two (2) copies should accompany the original; however, copies must be provided within three (3) days of the City's request. 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 2. 3. 4. 4i of Tamarac Purchasing and Contracts Division his/her signature. All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for ninety (90) days from the date of the bid opening unless otherwise stated by the City. BID GUARANTEE An acceptable Bid Bond, Cashier's Check, or Certified Check payable to the City of Tamarac in amount not less than 5 % (percent) of the bid, must accompany the bid. Additional bonding may be required in the Special Terms and Conditions of this invitation. A Bid Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner satisfactory to the City of Tamarac. 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 City Purchasing Office. PUBLIC ENTITY CRIMES FORM 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 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 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. NON -COLLUSIVE AFFIDAVIT Each Contractor shall complete the Non -Collusive Affidavit and shall submit the form with the 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. 6. QUANTITIES If bid contains quantities, they reflect 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. s City of Tamarac .__.._._..__ __.._.._Purchasing and Contracts Division 7. PRICES, PAYMENTS AND DISCOUNTS Bid prices shall be fixed and firm to the extent required under Special Conditions. 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 to be made on the date of the mailing of the check. 8. DELIVERY All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. It is anticipated the City will issue the Notice to Proceed for work to begin o April2 2004. Substantial completion of the project shall be withi 1� calenda ays from receipt of Notice to Proceed. Final completion shall b�within 14 days of the date for substantial completion. 9. BRAND NAMES Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. Approved equal is added to the specifications to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit specifications in detail and/or samples to the Park's Project Manager within seven (7) days of bid opening for evaluation. The City or the City's designated project manager shall be the sole judge determining equality issues. 10. SAMPLES AND DEMONSTRATIONS When requested, samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 11. 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 5 Ciry cf Tamarac tPurchasing and Contracts Division 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. 12. 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. 13. SAFETY STANDARDS The Bidder warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. In compliance with Chapter 442, Florida Statutes, any toxic substance delivered from a contract resulting from this bid must be accompanied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet should also be submitted to the City of Tamarac Risk Management Division, 7525 NW 88th Avenue, Tamarac FL 33321-2401. 14. PERFORMANCE Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. 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. 15. DEFAULT In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 16. TERMINATION FOR CONVENIENCE OF CITY Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY's convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to of ;'amarac Purchasing and Contracts Division - - ---------- -- - ------ --- _______._1 t - - the extent indicated on the notice of termination, terminate all outstanding sub - Contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 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. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City 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. 17. 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. 18. 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. 19. TAXES The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 20. BID PREPARATION EXPENSE The Bidder preparing a bid in response to this bid 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 the expense of bid preparation and/or presentation. 21. SITE INSPECTION It shall be the responsibility of the Bidder to inspect the site before submission of bids. No plea of ignorance by the Bidder of conditions that exist or that may hereafter exist as a result of failure to fulfill the requirements of this contract will be accepted as the basis for varying the requirements of the City or the compensation to the Bidder. City of fat narac 22. 23. OMISSION OF DETAILS c n S u R Purchasing and Contracts Division Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 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 Manager 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 Manager 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 that the Bidder agrees to maintain during the term of this contract: Line of Business/ Coverage Commercial General Liability Limits Occurrence Aggregate $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $1,000,000 Workers' Compensation & Employer's Statutory Liability Installation Floater/Builder's Risk Insurance: in an amount not less than the replacement cost for the construction of the work. Coverage shall be "All Risk" coverage for one hundred (100%) of the completed value with a deductible of not more than $5,000 (five thousand dollars) per claim. The City reserves the right to require higher limits depending upon the scope of work under this Agreement. c of Tamarac Purchasing and Contracts Division 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 coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per 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. 24. 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. 25. CLARIFICATION TO TERMS AND CONDITIONS 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. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac Purchasing and Contract Manager. The City shall not be responsible for oral interpretations given by any City employee or its representative. 26. BID TABULATION Bidders who wish to receive a copy of the bid tabulation can submit an e-mail to Purchasinga-tamarac.org. Or Bidders may download bid results from the City's City of Tamarac Purchasing and Contracts Division website at http://www.tmarac.org/Dept/fiin/purch/results.htmi. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 27. 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. 28. EXPERIENCE REQUIREMENT To be eligible for award of this project, the Bidder must have successfully completed a minimum of three (3) projects of similar size and scope over the past five (5) years and must be able to document the required experience within three (3) days of the City's request. 10 s h City o; Tamarac ___.__._..._._.— ._...--------Purchasing and Contracts Division SPECIAL CONDITIONS 1. ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the City Commission. No such approval will be construed as making the City a part of or to such assignment, or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment, the City shall deal through the Contractor only. However, if the company is sold during the life of the contact, the buying agent must provide the City with a letter signed by an officer of the new owner .that can legally bind the company, stating that they will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2. CONTRACTOR'S RESPONSIBILITY Contractor shall provide sufficient manpower so as to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 7:30 AM. Exceptions to this schedule can only be made with the prior approval of the City in writing. The Contractor shall provide a qualified foreman present on the site at all times, as a fully authorized agent of the Contractor, and capable of making on -site decisions. The Contractor shall be aware that the job site is not secure, and as such is subject to pedestrian traffic at all times of the day and night. It shall be the responsibility of the Contractor to secure the job site at all times during and after construction to protect the general public from harm, and remove from the job site and properly dispose of all residues at the end of each and every workday. No unsecured materials or equipment are to be on site at night or over a weekend, unless arrangements have been made with and prior approval obtained from applicable City personnel in writing. No materials or equipment are to be stored so as to restrict traffic lines of sight. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the responsibility of the Contractor. Any material left on site overnight shall be properly marked and identified in order to ensure public safety. 3. DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, site amenities, utilities, irrigation systems, windows, and vehicles on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect 11 (e of Tamarac Purchasing a d Contacts Division existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the City's assigned project manager at (954) 724-2445 and inform the appropriate staff member about the location and extent of the damages. 4. PERMITS AND LICENSES The Contractor shall be responsible for securing all City Building permits. However, all City permit fees are waived. The Contractor shall submit copies of all permits required for this work. If applicable, the cost of permits from agencies other than the City, will be reimbursed by City without markup, for properly submitted invoices. 5. SITE INSPECTION — CONTRACTOR It shall be the full responsibility of the bidder to visit and inspect the proposed construction site as shown on the engineering plans prior to the submission of a bid. No variation in price or conditions shall be permitted based on a claim of ignorance. Submission of the bid is evidence that the bidder has familiarized him/herself with the nature and extent of the work, and the equipment, materials, and labor requirements. Should the bidder see any problem, the bidder is to bring the problem to the attention of the City immediately. 6. SITE INSPECTION — CITY All work will be conducted under the general direction of the either the City's hired consultant for this project, and/or project management of the City and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without proper written authorization from the project manager/consultant nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. Any work performed past City of Tamarac's normal working hours (M-F, 7:30 AM — 4:00 PM) must be inspected. If any work is done outside of normal working hours, the City inspector is to be compensated by the Contractor at a rate of $55.00/hour. However, if a City contract/consultant inspector is used, the Contractor will compensate that inspector at the same cost as the City's cost. In addition, the City inspector must be onsite at least one (1) hour prior to closing site for each day. If site closure has taken place after 4:30 PM, the City inspector will be compensated at the above provision. 7. SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any 12 City of Tamarac Purchasing and Contracts Division required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Award. 8. WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor in connection with the Agreement. 9. PAYMENT Payment will be made for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from payment. Retainage monies will be released upon satisfactory completion and final inspection of this project. Invoices must bear the project name, project number, bid number and purchase order number. The City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. 10. CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form Of Agreement, Bid Proposal executed and submitted by the Contractor, project specifications, plans and specifications (where applicable), any addendums or change orders, bond(s), insurance certificate(s), and the City Resolution awarding the bid. 11. CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until a change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. CHANGES IN THE WORK/CONTRACT PRICE 12. CONTRACT PRICE The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 13 City of "Tamarac Purchasing and Contracts Division 12.1 Change Order The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. CHANGES IN CONTRACT TIME 13. CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 13.1 Notice Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party at least fifteen (15) days prior to the substantial completion date of the project. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 13.2 Basis for Extension Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 14. CITY'S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of 14 fi of Tamarac Purchasing and Contracts Division any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the CITY. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the CITY. 15. LIQUIDATED DAMAGES Upon failure of Contractor to complete the work within the time specified for completions, (plus approved extensions if any), Contractor shall pay City the sum of $250.00 for each calendar day that the completion of the work is delayed beyond the time specified in the contract for completion, as fixed and agreed liquidated damages, and not as a penalty. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the contract on time. Regardless of whether or not a single Contract is involved, the above -stated liquidated damages shall apply separately to each portion of the work for which a time of completion is given. City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to Contractor, the amount of such liquidated damages and if the amount retained by City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall be responsible for reimbursing City, in addition to liquidated damages or other per day damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the project beyond the completion date specified or beyond an approved extension of time granted to Contractor whichever is later. These liquidated damages will not prohibit City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. Contractor may be liable for both liquidated damages as stated herein, and for excess completion costs of this project. In the event Contractor has been either terminated from or has abandoned the project prior to completion, this liquidated damages clause is still applicable to hold Contractor liable for the liquidated damages. 16. BONDS The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total bid award amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one 15 4 of Tamarac Purchasing and Contracts Division year warranty period will begin. At this time, a warranty bond in an amount not less than 25% of the final contract amount must be submitted. If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 17. PERFORMANCE, PAYMENT AND WARRANTY BONDS Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the bid amount. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract'and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 18. LOCATION OF EXISTING UTILITIES Existing utilities may be shown on the drawings. Such information is shown for design purposes and the existing and detail given is information that is obtained during the design period and is not necessarily complete, correct or current. Prior to commencement of construction, the Contractor is responsible to locate existing city utilities affected by the construction in the field. Such utilities include but are not limited to. The City will provide to the Contractor available construction drawings for locating existing utilities. However, the City cannot 16 of Tamarac Purchasing and Contracts Division guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. Damage to any of the City's utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor's expense. The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 19. CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed utilities to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the engineer in writing seven (7) working days prior to the scheduled construction. The engineer may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re -schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 17 City of I amarac '° Purchasing and Contracts Uivisioll TECHNICAL SPECIFICATIONS BID 04-10B REPLACEMENT OF GYMNASIUM FLOOR AT MULTI -PURPOSE CENTER Work shall include all materials, labor, equipment, supervision, accessories and incidentals for the removal of the existing synthetic floor, legal disposal of all debris and installation of a new multi -functional synthetic flooring system suitable for a wide range of typical indoor activities, complete with gym floor striping identical to the striping placement currently on the existing flooring. PART 1 — GENERAL DESCRIPTION 1.01 DESCRIPTION A. Scope 1. Complete removal and disposal of existing flooring. 2. Removal and re -installation of existing bleachers. 3. Preparation of base surface. 4. Complete installation of polyurethane/rubber granulated base, including adhesives, base mat, polyurethane sealer, polyurethane resin, surface finish, game standard inserts and lining. 1.02 QUALITY ASSURANCE A. Material Supplier Qualifications 1. Material supplier(s) shall have a minimum three (3) years verifiable distribution and service history for the bid specified flooring products. 2. Material supplier shall operate and maintain a technical service department and provide factory certified installation training. B. Contractor/Installer Qualifications 1. Flooring Contractor (installer) must be able to evidence satisfactory completion of a minimum of three (3) projects of similar size and scope within three (3) days of the City's request. 2. Contractor shall be factory trained and shall submit a certification or approval letter from a bid specified material distributor or manufacturer within three (3) days of the City's request, indicating they are a current approved installer of the flooring system the Contractor has proposed to install. 1.03 SUBMITTALS Bidder shall provide the following items to the City's Project Manager within three (3) days of City's request, and at no additional cost to City: 18 City of I ainarac Purchasing and Contracts Division ___.._.....—.--------------- ... ...._ _.... A. Material Product Data: Three (3) copies. B. Samples: One sample of product. C. Maintenance Literature: Three (3) copies of product maintenance instructions 1.04 DELIVERY AND STORAGE A. Delivery of Materials Materials will not be delivered until the gymnasium is closed for activities. Time will be mutually agreed upon by the City and Contractor. 1.05 WARRANTY A. Contractor shall provide material warranty indicating all materials to be free from manufacturing defects for a minimum period of one (1) year after project acceptance. B. Contractor / Installer shall warrant all installation work from defect in materials and workmanship for a period of one (1) year after project acceptance. PART 2 — PRODUCTS 2.01 MATERIALS A. Acceptable prefabricated synthetic flooring systems are; 1. Action Flooring Herculan ME KH 3 + 2, 1/4 " thickness 2. Robbins Pulastic 4 + 2, '/4 " thickness 3. Mondo Advance '/4 " thickness 4. Connor Sport Pro'/4 " thickness B. Adhesive 1. Prefabricated sport surface adhesive shall be a two-part polyurethane or epoxy adhesive suitable for adherence of sheet goods to concrete substrate and to support panel as scheduled. Adhesive shall meet sport surface manufacturer requirements. 2. Adhesive formulation shall permit addition of inert filler to correct minor substrate variations. Inert filler shall be approved by sport surface manufacturer and adhesive formulator, as applicable. C. Lane and Line Marking 1. Line and lane marking paint and primer shall be supplied by sport surface manufacturer or as approved by the sport surface manufacturer. 19 City of 7amarac ti, Purchasing and Contracts . ...... PART 3 — EXECUTION 3.01 GENERAL A. Install flooring system in strict compliance with flooring manufacturer's printed instructions and recommendations. B. Coordinate finished height with adjoining finishes; maximum allowable variation is 1/8 " in 10'-0". 3.02 PREPARATION A. Broom clean or vacuum surfaces to be covered and inspect sub -floor. Start of flooring installation indicates acceptance of sub -floor conditions and full responsibility for completed work. B. Use leveling compound as recommended by flooring manufacturer for filling small cracks and depressions in sub -floor. Make level and exact depth of flooring assembly thickness. C. Apply concrete slab primer, if recommended by flooring manufacturer, prior to application of adhesive. Apply in accordance with manufacturer's directions. D. Remove existing bleachers. 3.03 APPLICATION OF ADHESIVES A. Mix and apply adhesives in accordance with manufacture' instructions. B. Apply uniformly over surface. Do not soil walls, bases or adjacent areas with adhesives. Promptly remove any spillage. 3.04 INSTALLATION A. Lay flooring materials in strict accordance with flooring manufacturer's specifications and recommendations approved with shop drawings. B. Immediately after completion of prefabricated sport surface installation, final work area to receive lane and line marking as indicated. Application of markings to be in accordance with manufacturer's most recent recommendations using approved paint materials. Application of markings to be accurate and consistent with the floor's existing markings. Completed installation to conform to the requirements and tolerances of the National Collegiate Athletic Association or the National Federation of High School Associations. C. Re -install bleachers. 3.05 CLEANING AND PROTECTION A. Upon completion herein, clean all finished sport surfaces so they are free of foreign matter. Comply with manufacturer's instructions and recommendations. B. Remove all excess waste materials from area of work. C. Protect the finished work until approval for release by the installer and acceptance by the owner. 20 of 7arnarac Purchasing and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: of oil ❑ 10 ❑11 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. Carefully read the Detailed Specifications, and properly fill out the Bid Forms. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. Fill out the Bidder's Qualification Statement. Fill out the References form. Sign the Vendor Drug -Free Workplace form. Fill out the List of Subcontractors. Include a 5% Bid Guarantee. Failure to provide an acceptable form of bid guarantee will result in automatic rejection of your bid. Fill out and sign the Certified Resolution. Include proof of insurance. 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. 21 Bid Coverpage Checklist City of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print):&;bn)c15 Flof) `J�OFlo Of �J CL� Phone: o-61) q Cl 7- 7 7 5 9 Fax: (S6 90 BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... [�1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. [�2. Carefully read the Detailed Specifications, and properly fill out the Bid Forms. 93. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. 14. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. F1 5. Fill out the Bidder's Qualification Statement. M6. Fill out the References form. F 7. Sign the Vendor Drug -Free Workplace form. M 8. Fill out the List of Subcontractors. © 9. Include a 5% Bid Guarantee. Failure to provide an acceptable form of bid guarantee will result in automatic rejection of your bid. Payment and Performance Bonds must be submitted on City forms included herein. d10. Fill out and sign the Certified Resolution. 611. Include proof of insurance. 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. 20 Bid Coverpage Checklist City of Tamarac Purchasing and Contracts Division BID FORM BID 04-10B REPLACEMENT OF GYMNASIUM FLOOR AT MULTI PURPOSE CENTER Submitted by: 10,6b I n s S29 H 0 b o r Date OY v LIo Li (Bidder) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 8e Avenue Tamarac, Florida 33321 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 ninety (90) 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. a) 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. b) 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. c) 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. 3. Bidder will complete the Work for the prices shown in the "Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Page 1 of 5 City of Tamarac Purchasing and Contracts Division BID FORM BID 04-10B (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, to provide Installation of new synthetic sports floor at Multi Purpose Center Gymnasium, as follows: Installation of new synthetic sports floor at Multi Purpose Center Gymnasium and all incidentals as indicated by the drawings and specifications or as required to properly complete the project as planned. In order to be considered for this project, the Bidder must meet the following conditions: Have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years. 2. Must be able to document the required experience within three (3) days of the City's request. We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. . See Schedule of Bid Items on the following pages. Page 2 of 5 City of Tamarac Purchasing and Contracts Division SCHEDULE OF BID ITEMS BID NO.04-10B INSTALLATION OF NEW GYM FLOOR AT MULTI PURPOSE CENTER All bid items shall include costs for furnishing all materials, equipment, supplies, accessories, supervision and for all costs incurred in providing all work shown on the plans and specifications for Replacement of Gym Floor at Multi Purpose Center. Said costs shall be complete and inclusive of all labor, permits, inspection, servicing and start-up fees, taxes, insurance, miscellaneous costs, warranty, overhead and profit. BIDDER agrees to accept as full payment for the Lump Sum Work proposed under this Project as herein specified and as shown on the Drawings, based upon the undersigned's own estimate of quantities and costs, the following total lump sum bid of: TOTAL LUMP SUM BID s 330' u v, Sales -Tax Nof 1 nclvded The CONTRACTOR shall submit a detailed price breakdown to the PROJECT MANAGER at the preconstruction conference. The price breakdown as reviewed and agreed upon by the CONTRACTOR, ENGINEER and OWNER shall be used for preparing future estimates for partial payments to the CONTRACTOR, if applicable and shall list the major items of the work and a price for each item. Price breakdown shall be by Specification Section for each area of the project. Overhead, other general costs, and profit shall be prorated to each item so that the total of the prices for all items equals the lump sum price. The price breakdown shall be subject to the review of the PROJECT MANAGER, and the CONTRACTOR may be required to verify the prices for any or all items. NAME OF BIDDER: F D , ? !7 5 VOLUNTA e Y A LT--Ee NMZE c k can 9 ee -the s k o c k Add 3,67 .00 Tav- Nat 1 n ,-Weld F/bo rs ajo5orp-hoo acid Page 3 of 5 -f a -7 M rn City of Tamarac Im-Purchasing and Contracts Division BID FORM BID 04-10B (continued) 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. �s SiP vIt :F AD o r5 Company Name Address Bo cc,- iabon , 4=L 3 3 Y City, State, ZIP Contractor's License Number -- A&- Z��, SV a-1, Afiffi6ified Signature D-oan A -s rnifk Typed/Printed Name 56lgr7-7-775,7 it 56/, ?9?, 7S010 Telephone & Fax Number Federal Tax ID# Page 4 of 5 of Tamarac BID FORM BID 04-10B (continued) and Contracts Division Bidders Name:1 TERMS: Net 3 0 DAYS or % discount within days Delivery/completion: 35 calendar days after receipt of Notice to Proceed. To be considered eligible for award, one (1) original of this bid form must be submitted with the Bid. Two (2) copies should accompany the original; however, copies must be provided within 3 days of the City's request. NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall 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. Page 5 of 5 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(sYservice(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 PARTNERSHIPF-1 CORPORATION OTHER If "Other", Explain: Authorized Signature (:-;2n e4-0j- a n Title g-28b)ns fleors Company Name lB occ, (Z2,Jon . T7 s3 9G---) City/State/Zip 5 b I • ? 97 • 75-90 Fax Number A - s M 14 Name (Printed Or Typed) o - zo 0 s Federal Employer I.D./Social Security No. 6 Ec 35 eo chefs (--1 -rcle Address 561 777•7759 Telephone D-eon A 5 0? )f , Contact Person Page 1 of 1 Certification of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of ?X & Contracts Division On this the 3W- day of , 20 ar"' , before me, the undersigned Notary Public of the State of Florida, p@[sdhally appeared and me(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: A Azi VINCENT ELIA Notary Public, State of Florida My comm. expires Mar. 30. 2007 No. DD 198163 NOTARY PU LIC, STATE OF FLORIDA VI'll)(e(i+ E t C___ (Name of Notary Public: Print, Stamp, or Type as Commissioned) pf 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 City of Tamarac Purchasing & Contracts Division OFFEROWS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88 h Avenue Tamarac, Florida 33321 Company: 20bbl n-s SPOJ F! V o (-5 Check One ---- Contact Name: De-6n A. S M 4 h lzcorporation Address: 6 5y 0 Er -3t Ct rC4. Partnership City, State, Zip tB +act-- VQL.(-Vn , T7L 33Y 5-7 Telephone No. 5; 6 i -q 9-) - 77 S ❑Individual Fax No. 5-6 1 • t `) 7 •7 S r1r Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: P-oLLC., The address of the principal place of business is: 6 Sy 0 EC-51 0a%-fi5 C 1 3 a,Cr- n , �Z 3 3 � il-7 2. If Offeror is a corporation, answer the following. a) Date of Incorporation: 11 l J/ zb of b) State of Incorporation:y h 1y c) President's name: _j Cmts -� . 'SID-ek) r JZ d) Vice President's name: DCAn &e.,)to n e) Secretary's name: f) Treasurer's name: g) Name and address of Resident Agent: Page 1 of 5 Offeror's Quaffication Statement City of Tamarac Purchasing & Contracts Division 3. If Offeror is an individual or a partnership, answer the following: a) Date of organization: b) Name, address and ownership units of all partners: c) State whether general or limited partnership: 4. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? a) Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Have you personally inspected the site of the proposed work? 7 YES NO 9. Do you have a complete set of documents, including drawings and addenda? F 71 YES NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? F-1 YES NO C 1-}A✓e._ Page 2 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). ,FC Name Address Telephone Ica u-�Prrv,,., Lv n n R -D&- 82 --b o , f- L- s6 i • 3 -b ► 7 D o k4clnnc.n e On qN wn ch fL -7qR • r8tea J t1 o 1 n s-f w � -tress' cti L 13.32- 16 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). ck� a 14. State the name of the individual who will have personal supervision of the work: D c,t-i n AGLr r)' Q 15. State the name and address of attorney, if any, for the business of the Offeror: 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: R2 Oj'& aL. L v 4 is Cincinozcli , 0/4-'11z16 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: Page 3 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division 18. State the name of Surety Company which will be providing the bond, and name and address of agent. S' i1Q - 5 I1e- JIec L47 Ulan S`��— J0O,60CInllc•�i, C7� i�jZDL 19. Bank References: Bank Address Telephone 20. Attach a financial statement including Offeror's latest balance sheet and income statement showing the following items: (v e 1^C'5Red v i iJ a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of the firm preparing the financial statement and date thereof: 22. Is this financial statement for the identical organization named on page one? FIYES NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). Page 4 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. 111111102 'it/�/L � Signature ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of A�1 1 C& County of On this the day of , 20 `Z , before me, the undersigned Notary Public of the State of Florida, personally appeared -7 (. ,q 4 A - Sm r `-t� 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. R WITNESS my hand and official seal. — NOTARY PUBLIC SEAL OF OFFICE: pG VINCENT ELIA Notary Public, State of Florida My comm. expires Mar. 30, 2007 No. DD 198163 NOTARY PUBLIC, STATE OF FLORIDA t-7 (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 5 of 5 Offeror's Qualification Statement City of Tamarac Purchasing & Contracts Division Mn- NQMMK REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: 1 l— Your Company Name R O I b I n--) Address Sy o "35 Gt rr LCt. City State Zip �-3 Phone/Fax •q 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 C)a n- J70 n ry- � q�►j �� l�oo -�' 9sy i�9 l3vy D.2nnts DuVefnois �L Page 1 of 1 References 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 be 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: 1. 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. 'e4112 " C_� P4)n5 S,vt}T10-ors Au ohzed Signature Company Name Page 1 of 1 Drug -Free WorKptace City of Tamarac Purchasing & Contracts Division LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid non -responsive and may cause its rejection. Subcontractor Name/Address '14010b .O s 5b=(+ ff ors ijfn is � i. A _X N % Total Contractor Contract License No. Work to Be Performed Page 1 of 1 List or suwonrractors THE AMERICAN INSTITUTE OF ARCHITECTS 41 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Robbins Sport Floors South Florida, LLC 6540 East Rogers Circle, Boca Raton, FL 33487 (Here inserl d,n name and address or Iso Ift of contractor) as Principal, hereinafter called the Principal, and Continental Casualty Company (Hero kisert hM name and address or lapel We of surely) a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of Tamarac Purchasing & Contracts Manager, 7525 NW 881h Avenue, Tamarac, FL 33321(Hem insert fin name and address or level Inge of owrw) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars (5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert *A name, address and descroian of project) Multi -purpose synthetic floor in gymnasium. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd day of May 2004 Robbins Sports Floors th Florida, LLC (Prindpav (Beal) (Witness) �./+.L/ 46 _ il P �' (Title) inental Casualty Company (Surety) (Sea# Nancy H 69ies i, Worney-in-Fast: & FL.- sident Agent -_ AIA DOCUMENT A310. 810 BOND- AIA ® - FEDRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.V. AVE.. N.W., WASHINGTON. D. C. 20006 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation. and American Casualty Company of Reading. Pennsylvania, a Pennsylvania omporalioo (herein called "the CNA Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago. and State of Illinois. and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Nancy Hazel Zaleski Juli A Russell Ileana Perez, Michael F. Yadach Brian Fitzsimmons. Individually Of Sunrise. Florida their true and lawful Attomey(0411-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature — In Unlimited Amounts — and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 1 Oth day of January. 2002. Continental Casualty Company oonron f a� sF�n National Fire Insurance Company of Hartford >S American Casualty Company of Reading, Pennsylvania : PAY II. 0SEAL� .� � Emu 1897 Michael Gengler Group Vice President State of Illinois, County of Cook, ss: On this 10th day of January, 2002. before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading. Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seats affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' - DIANE FAULKNER Notary Public, State of Illinois My Commission Expires 9/17/OS My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading. Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in ford. In testimony whereof I have herento subscribed my name and affixed the seal of the said corporations this 3 r.d day of May Continental Casualty Company onArs National Fire Insurance Company of Hartford to a American Casualty Company of Reading, Pennsylvania _ . a AXY n. , an a 7 997 ".." "' '�r • Mary A. Ribikawskis Assistant Secretary (Rev. 10/11/01) Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX --Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fad' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Comparry at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and seated and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law, duty adopted by the Board of Directors of the Company. "Article VI --Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive. Senior or Group Vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitations set font in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey4n-fad." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or. Group Vice President and the seal of the Company may be affixed by facsimile on arty power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.' ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. 'RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-fi-Fact to act in behalf of the Corporation in the execution of policies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such Attomey4n-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey4n-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President-and tW seal _ of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by 09i-J8 ardof- _ Directors on February 17. 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the CorporaaKril ay be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature.and aealshall.be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executeQd and sealed,-shWI with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation.' NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies') as surety or insurer. Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Forth Fn10 05/94/2004 04:01 5619977759 ROBBINS SPORT FLOORS PAGE 02 aiTo"MM CERTIFIED RESMtMON e. l 13 o� (Narm). tho *dy meabd Secretary of 14aim of Corp.). a aorpweMort orgenizsd and existing under the laws of the Staled do hereby cer$ry oast the following Resolution was unanimously adopted and passed by a quorum d tfre Board of Dire ckwe. of fhe sold corporation at a 1MA held In acooidanos with law and the b"No of the said oorporadon. 'IT IS HEREBY KPOLVED THAT 1.3 e c0.v\- N'yN) (Narner. Ow ,alaeled (I"Ift of Ofpoer) of r of Carp) and is heresy arriaed to execute and subrnk a Bid wdbr 9M Bond, if such bond Is rya rod. ID the City of Tarnow and such other Inslnarrnsrr<a IM as may be nocessary on balalf of the said ©orporafion; and that the Old, Bid Bond, and other xxh e>alrunertts signed by Nn*w shall be bkxft upon the said ca po od w ss ks own ads and th a de. The secretary shall certify fhe names and signatures of those stAhoriaed to act by the Ib agoing resolution. The City d Tamarac shall be fully proliicled in reytrng upon such oer6fication of the saxawy and SW be indamnillied and saved Amnnie.s from arty and al dalms, dannands, e)pwms, toss or derraruge resulting tram or growing out of honorkv-L the signature of any person so oertttied or for mhoing to honor any signature not so cent W. t further are* W the above rawkMon is in tone and eRect and has rat been revised, revoked or rescinded. i hrrlltar oMtfy that the folovft are to name, tales and drrdal AWNWres of those perwm au@rartaed m so by the *Vegoing resolution - NAME TITi.E SIGNATURE 1/ G'%� Nam/, : �r f 1 i ~► "ty,-. N c-,Z.y L �i%iwarc Er alwn under try mend and the Seal of the sale cnrporsrrfan tt>b; S� dear d m0. �, ..200Y. �At- Secretary corporate The The above is a suggested form of the type of Corporate Resolution desired. Such form need not be bNowed explidtly. but the Certified Resolution submitted must c.*arly show to the saddecfion of the Ciyr of Tamarac that the person signing the SM and Bid Bond for the ovrporallon has been properly empowered by the corporation to do so in its behalf. Page r or 1 CaMed Resolurlon MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER CLE-001210288-02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. 525 VINE STREET, SUITE 1500 CINCINNATi, OH 45202 NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn: JEANETTE DAWES PHONE 513-287-1618 COMPANIES AFFORDING COVERAGE COMPANY 54290-NEW-03-04 A ST. PAUL FIRE & MARINE INS CO INSURED COMPANY ROBBINS. INC. t3 ROBBINS SPORT FLOORS SOUTH FLORIDA, LLC 6540 EAST ROGERS CIRCLE COMPANY BOCA RATON, FL 33487 C COMPANY D COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LMIITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIODNY) POLICY EXPIRATION DATE (MMIODNY) LIMITS A GENERAL LIABILITY CK01205315 11/01/03 11/01/04 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ 1,000,000 CLAIMS MADE � OCCUR PERSONAL 6 ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNERS 6 CONTRACTOR'S PROT FIRE DAMAGE (Any one fire $ 100,000 X PER PRn i= MED EXP (Anyone on $ 5,000 A AUTOMOBILE LIABILITY CK01205315 11/01/03 11/01/04 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (Per Person) SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE $ POMP DED: $250 X POLL DED: $500 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ _ AGGREGATE $ A EXCESS LIABILITY CK01205315 11/01/03 11/01/04 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH TORY LNIAITS ER EL EACH ACCIDENT $ EL DISEASE -POLICY LIMIT $ THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE: EXCL EL DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONStLOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAL �n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. OR THE ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: John Holden ��.. �VALIJU �ae MM1(3/02) ` uol I Zr ` Client#_ 5393 ROBBIINC3 ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE ( 3115/04 MIWOO/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION WAUSAU INSURANCE COMPANIES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 925 W WASHINGTON ST HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 106 MARQUETTE, MI 49855 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: EMPLOYERS INSURANCE OF WAUSAU Robbins, Inc. 4777 Eastern Avenue Cincinnati, OH 45226-0280 INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TR ADD R TYPE OF INSURANCE POLICY NUMBER LICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S CLAIMS MADE OCCUR MED EXP (Arty one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PRO- Loc AUTOMOBILE LIABILITY ANY ALTO COMBINED SINGLE LIMIT (Ee accident) $ BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS GODLY INJURY (Per aeddent) $ HIRED AUTOS NO AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE S OCCUR CLAIMS MADE S S DEDUCTIBLE f RETENTION S A WORKERS COMPENSATION AND WCCY91424481013 11/01/03 11/01/04 X WC YLIMIT- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE E.L. EACH ACCIDENT $1 OOO OOO E.L. DISEASE - EA EMPLOYEE f 1 000 000 OyFaFsICERIMEMBER EXCLUDED? SPECLA�L c OVISK)NS below E.L. DISEASE - POLICY LIMIT I S1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. A) O .-eIeJ�R,F P_R•FL-ENT,I:TIV/y'� / � ACORD 25 (2001108) 1 of 2 #S316891/M302718 SRP o ACORD CORPORATION 1988 of Tamarac Purchasing and Contracts Division AGREEMENT BETWEEN THE CITY OF TAMARAC AND ROBBINS SPORT FLOORS — SOUTH FLORIDA, LLC 7.� THIS AGREEMENT is made and entered into this,,L day of , 2004, by and between the City of Tamarac, a municipal corporation with grin pal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Robbins Sport Floors — South Florida, LLC, a Florida Limited Liability corporation with offices located at 6540 East Rogers Circle, Boca Raton FL 33487 (the "Contractor") to provide for installation of a multi -purpose synthetic sports floor in the City of Tamarac Multi -Purpose Center. 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, conditions of Bid 04-10B bid documents (General, Special Conditions and Special Provisions), drawings, Technical Specifications, all addenda issued prior to, 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. 2) The Work The Contractor shall perform all work for the City required by the contract documents as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary to install a multi -purpose synthetic sports floor in the City's Multi -Purpose Center according to the technical specifications as outlined in the bid documents. b) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. c) Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. d) 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. of Tamarac 3) Insurance and Contracts Division Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount 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. 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) Time of Commencement and Substantial Completion Work shall commence after execution of the Agreement, Contractor's receipt of City's Notice to Proceed, and no later than August 9, 2004.The work shall be completed within 35 calendar days after Contractor's receipt of written Notice to Proceed. 5) Contract Sum The Contract Sum for the above work is Forty-five Thousand Five Dollars and zero cents ($45,005.00) and includes the Contractor's 7mm shock pad voluntary alternate item. 6) Payments A monthly payment/progress payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 7) Waiver of Liens Prior to payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. 8) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of completion of work. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. Aaik of Tamarac .___— Purchasing and Contracts Division 9) Indemnification 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. 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. 10) Non -Discrimination The Contractor agrees that it shall not discriminate against any of its employees or applicants for employment because of their age, handicap, race, color, religion, sex, or national origin, and to abide by all federal and State laws regarding non-discrimination. The Contractor further agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts for standard commercial supplies or raw materials. Any violation of such provisions shall constitute a material breach of this Agreement. 11) Independent Contractor Contractor is an independent Contractor under this Agreement. Personal services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of the Contractor. 12) 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. 13) 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, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. of Tamarac CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the same address. CONTRACTOR Dean Smith, General Manager Robbins Sport Floors — South Florida, LLC 6540 East Rogers Circle Boca Raton FL 33487 PH: 561-997-7759 14) Termination and Contracts Division This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar days 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. Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City 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. 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. of Tamarac 18) Severability; Waiver of Provisions Purchasing and Contracts Division 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. 5 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 Robbins Sport Floors — South Florida, LLC, signing by and through its General Manager, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk -:), ; Date ATTEST: N/A (Corporate Secretary) N/A Type/Print Name of Corporate Secy CITY OF TA A/RAC Schreiber, Mayor Date Date L. "Miller, City Manager ana,iegaisticiency: Mitchell 5: aft, Cit�Ato ey Date Robbins Sport Floors — South Florida, LLC Compan Name �� Signature of General Manager Dean A. Smith Type/Print Name of General Manager (CORPORATE SEAL) Date of Tamarac STATE OF FLORIDA Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT :SS COUNTY OF L��t 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 Dean A. Smith, General Manager, of Robbins Sport Floors — South Florida, LLC, a Florida Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged befQro me that he/she ecuted the same. WITNESS my hand and official seal this. day of , 20 e J. M. Signature of Notary Public MY COMMISSSIOONN # DD205398 g State of Florida at Large � EXPIRES: May3,2007 Bonded Thru Notary Public Underwriters 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