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City of Tamarac Resolution (285)
Temp. Reso. #9914 September 16, 2002 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2002-285 A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID 02- 26B, "HIGH SECURITY FENCING", AND TO EXECUTE AN AGREEMENT WITH FENCE MASTERS, INC. IN AN AMOUNT NOT TO EXCEED $110,975.00, FOR THE INSTALLATION OF HIGH SECURITY FENCING AT THE CITY OF TAMARAC WATER TREATMENT PLANT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 6, 2001, BSO Chief Ken Dugger distributed a memo addressing the security of City property and operations-, and WHEREAS, this memo references the Water Treatment Plant as a "significant potential target for terrorists" in light of the events of September 11, 0411Ti11=41 WHEREAS, it has been determined that high -security fencing should be installed around the perimeter of the Water Treatment Plant property; and WHEREAS, the City of Tamarac publicly advertised Bid 02-26B, "High Security Fencing", in the Sun -Sentinel on July 28 and August 4, 2002, a copy of said bid is attached hereto as Exhibit "A"; and WHEREAS, the City solicited bids from five (5) vendors and on August 14, 2002, opened and reviewed two (2) bids, as follows: ..._._..... COMPANY NAME TOTAL BID Fence Masters Inc. $110, 975.00 _.. _.. ...--......... --. -- . Texas Commercial Fence $119,300.00 Temp. Reso. #9914 September 16, 2002 WHEREAS, Fence Masters, Inc. was deemed the lowest responsive and responsible bidder; and WHEREAS, it is the recommendation of the Director of Utilities and the Purchasing and Contracts Manager that the appropriate City officials award Bid 02-26B, "High Security Fencing" to, and execute an agreement with, Fence Masters, Inc. in an amount not to exceed $110,975.00 for the installation of high security fencing at the Water Treatment Plant; 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 award Bid 02-26B, "High Security Fencing", and execute an agreement with Fence Masters, Inc, in an amount not to exceed $110, 975.00, a copy of said agreement attached hereto as Exhibit "B". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORID& 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. SECTION 2: The appropriate City officials are hereby authorized to award Bid 02-26B, "High Security Fencing" to, and execute an agreement with, Fence Masters, Inc. in an amount not to exceed $110,975.00 for the installation of high security fencing at the Water Treatment Plant. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #9914 September 16, 2002 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9t" day of October, 2002. ATTEST: MARION SWENSON, CMC CITY CLERK 1 JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: V/M. PORTNER AYE DIST 2: COMM. MISHKIN AYE DIST 3: COMM. SULTANOE AYE DIST 4: COMM. ROBERTS AYE Purchasing Division EXHIBIT "A" City of Tamarac "Cornrrtitted to Excellence... Always" TR N�• 9914 INVITATION TO BID BID NO. #02-26B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM Wednesday, August 14, 2002 at which time bids will be publicly opened and announced for: HIGH SECURITY FENCING All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One (1) original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked BID #02-26B HIGH SECURITY FENCING on the outside of the envelope. A Mandatory Pre -Bid Conference will be held on Tuesday, August 6, 2002 at 10:00 a.m. at Tamarac City Hall, Commission Chambers, 7525 NW 88th Avenue, Tamarac, Florida. All parties interested in bidding on this project must attend this meeting. Bid Security: 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. The work to be performed consists of the Contractor furnishing all labor, materials, tools, and equipment necessary as indicated in the specifications herein and generally includes removal and disposal of existing fence, erection of necessary temporary fencing and installation of high security fencing with razor wire. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact the Purchasing Office at (954) 724-2450; and for technical issues, contact Jahn Harvey, Water Plant Superintendent at (954) 724-2430. Steven Beamsderfer Buyer 7525 NW 88th Avenue A Tamarac, Florida 33321-2401 ■ (954) 724-2450 ■ Fax (954) 724-2408 dw www.tamarac.org Equal Opportunity Employer rr:MINK610 "k111190109 Invitationto Bid..................................................................................................... 2 Instructions to Bidders.. ...... _ ... .......... .................. .......... ............... .... . 3 General Terms and Conditions............................................................................. 3 SpecialConditions.............................................................................................. 10 Technical Specifications..................................................................................... 17 Bid Coversheet Checklist.................................................................................... 21 BidForm........................................................................................................ 1 of 5 Non --Collusive Affidavit................................................................................... 1 of 2 Certification... ....................................................... __ ...... ....... ___ ... __ ....... 1 of 1 Offeror's Qualification Statement. ... .......................................... 1 of 5 References..... .............. .................. _ ............................ ... __ ... ... ........... _ 1 of 1 Vendor Drug -Free Workplace........................................................................ 1 of 1 List of Subcontractors.. ................. ........ ...... ...... ................................ 1 of 1 BidBond.................................................................... ............................. 1 of 2 Certified Resolution....................................................................................... 1 of 1 FormPayment Bond...................................................................................... 1 of 3 Form Performance Bond............................................................................... 1 of 4 Application for Payment................................................................................. 1 of 1 ChangeOrder................................................................. .......................... 1 of 1 Final Release of Lien by Contractor.............................................................. 1 of 2 Standard Form of Agreement...... ... ........ ..... __ ... ............ 1 of 7 .nM;1 ............ ........ ............... INSTRUCTIONS TO BIDDERS BID NO. #02-2613 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. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. DESCRIPTION OF WORK The City of Tamarac is interested in obtaining proposals from qualified Contractors for the removal and disposal of existing fence, erection of necessary temporary fencing, and installation of high security chain link fence. The work consists of furnishing all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed Contractor and crew with at least three (3) years of verifiable full --time experience with projects of similar nature or dollar cost. 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, on Wednesday, August 14, 2002 at 2=00 PM. 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, bid name, time and date of the bid opening 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. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) original and two (2) copies of the bid. U � . ....... . . .... ..... The original bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All 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 sixty days from the date of the bid opening unless otherwise stated by the City. 2. BONDING 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. The Bonding 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. 3. 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. 4. 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. 5. 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 Quantities shown are estimates only. No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. (..4: ....-..--- .............. ....... .._. . .... T .. ---.... ............ 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. MEMO r 111VIAZY1 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. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. Installation shall be completed within 60 days from the Notice to Proceed date. 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 brochures, specifications in detail and/or samples. The City shall be the sole judge of equality. 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 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. W 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 88t" 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 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. 22. OMISSION OF DETAILS Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 23. 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 JQ P7 ------------ 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 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Bidder nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Bidder will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary 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 mailed copy of the bid tabulation should enclose a stamped, self-addressed envelope with their bid, or request a faxed copy by including a fax number. 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. 0 a rM, a 'y�v n 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 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 Utilities Department by telephone at (954) 724--2400 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. The Contractor shall be responsible to secure the necessary construction permits from other agencies as identified in the Technical Specifications. Cost of permits will be paid for from the bidding and permits allowance included in the bid schedule, if applicable. 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 himself 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 Utilities Department 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 written authorization from the Director of Public Works 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 required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Award. { — ..... .... _... ..... E. 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 monthly for work that has been completed, inspected and properly invoiced. A retainage of 10% will be deducted from monthly 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. 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 U� _ v n. . .... ... . . . . .... ... ...... ...... . 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. ]:/_1Ll Eel amW,EeZf]►II:7-M09hh1:4 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. i[�*1IIIWA 0121101►1 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 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 nF T�MN A` _ 9 c 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 $ 100.00 _ 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 year warranty period will begin. At this time, a warranty bond in an amount not less than 50% 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. 07. PERI='ORMANCE, I I"%I IENT 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 water mains, force mains, gravity sewers, pump stations, storm sewers and drain systems. The City will provide to the Contractor available construction drawings for locating existing utilities. However, the City cannot 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. r 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. 20. CONTINGENCY ALLOWANCE A contingency has been allowed for this project in the amount identified in the Bid Schedule. The Contractor is not to use this contingency allowance without permission from the City and upon written justification to the City for such use. nF r,M City of T am,-. r lcr U �n Purchasing Division ....... .... ......_. WATER TREATMENT FACILITY HIGH SECURITY FENCING SPECIFICATIONS rN=101=1:zll■ A. The work to be performed under this contract shall consist of the removal and disposal of the existing perimeter fence at the Tamarac Water Treatment Facility, as indicated on the associated drawings, and the installation of approximately 2500 linear feet of high security, non -climbable chain link fence topped with razor ribbon. Included will be the furnishing of all labor, materials, equipment, services, temporary facilities and incidentals necessary to perform these tasks. It will be the CONTRACTORS responsibility to determine exact linear footage of fencing required to complete this work. B. Wherever the contract documents address a third party, i.e., subcontractor, manufacturer, etc., it is to be considered as the CONTRACTOR through the third party. C. All work will be performed on City property or easements. SEQUENCE OF CONSTRUCTION GENERAL: A. The City of Tamarac will continue normal operation of the Water Treatment Plant during the entire construction period of the contract. Work under this contract shall be scheduled and coordinated by the CONTRACTOR in such a manner that work will not impede treatment operations or concurrent construction work. The OWNER reserves the right to inspect and use any portion of the constructed facilities before final completion of the whole work to be done under this contract. B. Coordination with Plant Personnel: Before commencing work involving removal or installation of existing or new fencing, the CONTRACTOR shall notify the OWNER at least seven days in advance in writing. C. Scheduling and Coordination Work: The CONTRACTOR shall complete his work in accordance with the construction schedule previously agreed upon with the OWNER at the Pre - construction Meeting. 17 S i ORAGE ANDCONSTRUCTION AREAS A. Responsibility for protection and safekeeping of equipment and materials at or near the sites will be solely that of the CONTRACTOR and no claim shall be made against the OWNER by reasons of any act of an employee or trespasser. B. Upon completion of the contract, the CONTRACTOR shall remove from the storage areas, all of their equipment, temporary fencing, surplus materials, rubbish, etc., and restore the areas to its original condition. PROJECT MEETINGS A. Preconstruction Meetinq: Prior to the commencement of work at the site, a Preconstruction Meeting will be held at a mutually agreed upon time and place, which shall be attended by the CONTRACTOR, his superintendent, and his subcontractors as appropriate. Other attendees will be: 1. Representatives of the OWNER. 2. Others as requested by the CONTRACTOR, or the OWNER. B. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The agenda will include: 1. Contractor's Schedules. 2. Transmittal, review and distribution of the contractor's submittals. 3. Processing applications for payment. 4. Critical work sequencing. 5. Field decisions. 6. Use of project site, storage areas, security, housekeeping, and the owner's needs. 7. Contractor's assignments for safety and first aid. n' 4 (1 ...__.. ... ._.------- .... .._--- .--- . . ...... ...-- _— .............._._. PERMITS A. CONTRACTOR shall, at his own cost, obtain all necessary permits, licenses, inspections and certificates pertaining to the work and shall comply with all Federal, State, Municipal and local laws, ordinances, rules, regulations, orders, notices and requirements, whether or not provided by the bid documents without additional charge or expense to OWNER and shall also be responsible for and correct at its own cost and expense, any violations thereof resulting from and in connection with its performance of its work. COMMERCIAL STANDARDS Where applicable, all materials and construction methods for fencing and gates will meet American Society for Testing and Materials (ASTM) Standards: PRODUCTS / MATERIALS A- Unless otherwise specified, fencing around the perimeter of the City of Tamarac Water Treatment Facility shall be 11'-0" high and topped with stainless steel razor ribbon 18" diameter x 12" spacing (tight coil). B. The style and type shall be chain -link non -climbable high -security fence with top rail and razor ribbon. C. The fabric shall be aluminum (aluminized) alloy, 9-gauge (0.148") (3.76 mm) wire woven in a 1" mesh. D. The fabric height shall be 120" with a top rail and middle rail (1 5/8" O.D.), along with a bottom tension wire, aluminum -coated (0.40 02/FT2) ASTM A- 824. E. All posts and other appurtenances used in the construction of the fence shall be one piece hot dipped galvanized steel and shall conform to the Chain Link Manufacturers Institute Product Manual (CLFMI). Posts shall conform to the following table: TYPE Line Posts End and Corner Posts Gate Posts Top Rail OUTSIDE DIAMETER 2.5 inches and 3.0 inches 3.0 inches 3.0 inches 1-5/8 inches F. Due to the height and weight of the fabric, post spacing shall be 7'-0" in lieu of the standard 10'-0". All posts shall be set in circular concrete footings using ni rey_� a r V t. 2,500-PSI A.E. concrete embedment into ground according to prevailing ground conditions. ASTM F-567 "Standard Practice for Installation of Chain Link Fence" and the (CLFMI) "Guide for the Selection of Line Post Spacings for Chain Link Fence" shall be used for compliance. G. Approximately 138 linear feet of 4'-0" fence shall be added on top of an existing concrete block wall_ Construction shall be of a design similar to that being done for the rest of this project, with upper and lower rails and topped by coiled stainless steel razor ribbon. All materials and fabric shall match the primary perimeter fence and appurtenances. A 3" O.D. end post and a 3" end connection shall be used atop of the wall. GATES A. Unless otherwise specified, this project shall include the fabrication and installation of five (5) gates and all appurtenances. Three gates shall be of the double swing type, one shall be of the horizontal sliding gate and one shall be of the bottom track roll gate with installation of connections to the existing operator. All gates shall conform to the appropriate ASTM standards regarding the type and height of gates. The CONTRACTOR will be responsible for determining the finished dimensions of all gates. Location and opening size will be determined by the OWNER. TEMPORARY FENCING A. Unless otherwise specified, all unsecured areas of the plant perimeter shall have some type of temporary fencing, so as to provide the necessary security during the construction of this project. v n —_.... _................ ......... ............ r COMPANY NAME: (Please Print). _ ............. Phone: Fax: BEFORE SUBMITTING YOUR BID, MAKE SURE YOU... 1. Carefully read the General Terms & Conditions, Special Conditions and the General Requirements. 2. Carefully read the Detailed Specifications, and properly fill out the BID FORMS. F ] 3. Fill out and sign the NON -COLLUSIVE AFFIDAVIT and have it properly notarized. E] 4. Sign the CERTIFICATION page. Failure to do so will result in your Bid being deemed non -responsive. (� 5. Fill out the BIDDERS QUALIFICATION STATEMENT. �] 6. Fill out the REFERENCES page. [� 7. Sign the VENDOR DRUG FREE WORKPLACE FORM. 8. Fill out the LIST OF SUBCONTRACTORS. 9. Include a 5% BID BOND. Failure to provide a bond will result in automatic rejection of your bid. 10. Fill out and sign the CERTIFIED RESOLUTION �J 11. Include proof of insurance. 12. Submit ONE (1) Original AND TWO (2) Photocopies of your bid, clearly marked with the BID NUMBER AND BID NAME on the outside of the package. [� 13. 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. Purchasing Division City of Tamarac "Comrnilled to Excellence... Always" ADDENDUM #1 HIGH SECURITY FENCING BID NO. #02-26B DATE OF ADDENDUM: AUGUST 5, 2002 The following item is issued to modify and/or clarify the Bidding Documents. 1. Bid opening date is changed from Wednesday, August 14, 2002 at 2:00 p.m. to Thursday, August 15, 2002 at 2:00 p.m. All other requirements shall remain as specified in the original bid request. If you have any questions, please call the Purchasing Office at (954) 724-2450. �7 Yvy�nda S. Flurry, CPPO Purchasing & Contracts Manager 7525 NW 88th Avenue Tamarac, Florida 33321-2401 7 (954) 724 2450 Fax (954) 724-2408 www.tamarac.org Equal Opportunity Emplvyc>r Purchasing Division City of Tamaruc "Committed to Excellence... Always" ADDENDUM #2 HIGH SECURITY FENCING BID NO. #02-268 AUGUST 7, 2002 As a result of questions raised during the Pre -bid meeting and Site Visit of August 6, 2002, the following items will be modified/clarified: 1. Pence will be constructed utilizing 10' (ten foot) chain link fabric. 2. 24' (twenty-four foot) and 27' (twenty-seven foot) gates on the south side of the property bordering NW 61" Street will be aluminum cantilever slide gates. 3. All gate posts should be a minimum of 4" (four inches) in diameter. 4. All line posts shall be 2 112" (two and a half inches) in diameter. 5. Posts on the section(s) bordering the Green Thumb perimeter may be installed on either side of the chain link fabric (installer's option). 6. Where existing fence location varies from the provided drawings, installation of new fence will adhere to the existing fence location. 7. Completion of fence will be no more than 90 calendar days from the permit issuance date. 8. Height of chain link fence on top of low block wall on south side of perimeter will be approximately 3' (three feet). Fence will be sized so that top of this smaller fence is at the same level as the height of adjoining sections of security fence. All other requirements shall remain as specified in the original bid request. If you have any questions, please call the Purchasing Division at (954) 724-2450. At�, �) )LcLn,_"q_L, Steven J. Beamsderfer Buyer 7525 N.W. 88th AveM.ie ■ Tamarac, Flor dc-i 3332 1-2401 ■ (954) 724-1230 ■ Fax (954) 724-2454 ■ jeffm Ci�tnmarac.org E':< ucal C it_rti ortun ty Ern(>IOyc:r o of Ta1m,11ac F Purchasing Division Submitted by: BID FORM FENCE MASTERS, INC. (Bidder) THIS BID IS SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 Northwest 88th Avenue Tamarac, Florida 33321 Date 1 The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) days prior to the date of the City's Award. 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 Bid FonmlAgree to Complete Put -chasing Division ci1V Of C'Irnal-ac FENCE MASTERS, INC. 3550 NW 54th SL Miami, FL 33142-3253 BID FORM (continued) The City of Tamarac is hereby requesting Bids, from qualified vendors, to: The work to be performed consists of the Contractor furnishing all labor, materials, tools, and equipment necessary as indicated in the specifications herein and generally includes removal and disposal of existing fence, erection of necessary temporary fencing and installation of high security fencing with razor wire. 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. . DESCRIPTION TOTAL PROJECT COST High Security Fencing with Razor Ribbon and Gates $ FaTge 2 of 5 Sid Fcrm/TemislBid Price o � �'{' Pur�:l�asiric� Division city of Tamarac p BID FORM (continued) ibe The City reserves the right to reject any bid, ifd declare tos that avendor has have spec ficd al d r legaltgal ely provided erroneous information. The undersigned 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 r'blurthertogether certifieswith the guarantees product and/or warranties thereto. The undersigned bidding firm 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. 17 Company Name FENCE MASTERS, INC. Address Miami, FL33142-3250 City, State, ZIP Contractor's License Number ignature S.W. ERNST, PRESIDENT Typed/Printed Name 7? 4Tephone & Fax mnber Federal Tax ID# Page 3 of 5 Bid Form/Company infor7718tion a� ^p i ul hasing Division City of Tamarac BID FORM (continued) FENCE MASTERS, INC. Bidders Name: TERMS: % DAYS: Delivery/completion: �rl�calendar days after receipt of Purchase Order To be considered eligible for award, one (1) or9inal and two (2) co es of this bid form MUST be submitted with the Bid. 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. PaaP 4 of 5 nid F=orrn/7'er177s/Go177pietior3 Laity of Tamarac u Purchasing Division Bidder's Name: Variations:�� BID FORM (continued) FENCE MASTERS, INC. The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below, provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: Section Variance Section Variance Section Variance Section Variance Attach additional sheets if necessary. Page 5 of 5 Bid For-nilVanation, F y 9 V City of Tamarac; Purchasir'ig Division NON -COLLUSIVE AFFIDAVIT State of i% rR r ------------- )ss. County of �i_ S.W. ERNST, PRESIDENT being first duly sworn, deposes and says that: 1. He/she is the gen(Owner, Partner, ffice , Representative or t) of ,the Offeror that has submitted the attached Proposal; 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 1 Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signe I d delivered in the presence of: By I ne S.W. ERNST, PRESIDENT Witness Printed Name Title Page ? of 2 Non -Collusive Af`idav+l �q Purchasiog t)ivisiM City of Tamarac ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida l� Countyof��l i ► C �� On this the day of7�)`� , 2002, before me, the undersigned Notary Public of the State of Florida, personally appeared S.W. ERNST, PRESIDENT and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: ny P,r. CJ b'1CLIAl, N[ 5,W AL tiP l� 11QA NE RNANDEZ '1.r �`' �s C; )I. MISSION NUM85R UCJ1085Gn FOF MY CxWMISSIQN EXPIRES K\- APR. 20.2006 Y PUBLIC, STATE OF L RIDA 71 (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or roduced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath Page 2 of,' Non -Collusive Acknowledgement OF A� V City of Tamarac Pur 1 asirut Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the item (s)/sery ice (s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION OTHER ❑ If "Other", Ex ain: Authorized Signature S.W. ERNST, PRFSIDENT FENCE MASTERS, INC. CompaWMM 33142-325Q City/State/Zip Fax N mber S.W. ERNST, PRESIDENT Name (Printed Or Typed) Federal Employer I.D./Social Security No. Address Telephone Contact Person Page 1 of ' Certification City of Tamarac Purchaymq 0iVisjoll t OFFEROR'S 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 ADDRESS: 7525 NW 88th Avenue Tamarac, Florida 33321 hn Check One Submitted By: �UQr�1�-- Corporation Name: Ce ❑ Partnership Address: w f5 ❑ Individual Principal Office: 1(42. ❑ Other Telephone No. 70 1 Fax No. 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: FENCE MASTERS, INC. The address of the principal place of business is: 2 wi 5q 5WCC4 If Offeror is a corporation, answer the following: Date of Incorporation: State of Incorporation: President's name: S.W. ERNST, PRESIDENT Vice President's n Secretary's name: Treasurer's name: Name and addres _ Pace 1 of 5 Offeror's Oualification Statement City of Tamarac t PL11-Chasing Divisiorr 3. If Offeror is an individual or a partnership, answer the following: Date of organization: ------ __. Name, address and ownershiR units of all partners: State whether general or limited partnership: 4. If Offeror is other than ar:4 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. N 6. How many year has our organization been in business under its present business name? _ S Under what other former names has your organization operated? 7 0 k, Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of ompetency and/or state registration. , 0� i1�rivr1 f)f a�CrI I �(, � Have you personally inspected the site of the proposed work? 16ES [:]NO Do you have a complete set of documents, including drawings and addenda? M YES ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? YES ❑ NO 'age 2 of 5 offeror's Qualification StateMent City of Tamarac Purchasing Division 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why: n 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). Name Address , Telephone 13. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). �13-w C---.YOS+--6MCOY5 wt+fi +t-r CWP2PY-- 1 4 i61 aYnc.l1 - 1=111WHA"A State the name of the individual who will have personal supervision of the work: VON 0+„+- +1,^ nnnni nnri arch#--fi of attnrnev. if anv. 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: V Y q 01 FENCE MASTERS, INC. i nc-4 - i O 355D NW 54t t. 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: N0(jE _ Page 3 of 5 C)ffcror:s ir.ralificaficul Statement City of Tamarac t__ Ptrrchasir'rg Division 18. State the name Of Surety Company which will be providing the bond, and name and address of agent: vip no in i rj nof i -Fm o ryry > (a ci INS Am tcn n 1i15u raefc 6D• 19. Bank References: rinnlr Address Telephone 20. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: 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): Net Fixed Assets TO � e PADC &MUN G UPON Other Assets t-l~wWD O�- bI D ?-r, Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name of 4he firm preparing the financial statement and date thereof: 22. Is th s ,Wanda statemen or the identical organization named on page one? YES ❑ 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 Ufrerot's r' l atification Statement City ()f 7r1/narac Purchasing Division THE OFFEROR ACKNOWLEDGES AND UNDERSTANDS THAT THE INFORMATION CONTAINED IN RESPONSE TO THIS QUALIFICATIONS STATEMENT SHALL BE RELIED UPON BY OWNER IN AWARDING THE CONTRACT AND SUCH INFORMATION IS WARRANTED BY OFFEROR TO BE TRUE, THE DISCOVERY OF ANY OMISSION OR MISSTATEMENT THAT MATERIALLY AFFECTS THE OFFEROR'S QUALIFICATIONS TO PERFORM UNDER THE CONTRACT SHALL CAUSE THE NER TO REJECT THE PROPOSAL, AND IF AFTER THE AWARD TO CANCEL D T RMINATE THE AWARD AND/OR CONTRACT. (Signature) ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of Florida County of U--1 - On this the Sday f tt , 2002, of the State of Florida, perso , Ily appeared before me, the undersigned Notary Public and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: 42, ON ICIAL. NOTARY SEAL ��jy EUZAHERNANDEZ �.rw.l;lr ' C;:iMMISSIONNUMSER cn �'t•�• yYr. �j DD108564 `1v Fr3F MYC.t]MMISSIONE?(FIRES F'C APR, 20,2006 PUBLIC, STATE OF(FL`QRIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) jPe-monally 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 0oatificatiorn Sty+terncmt 0 v b Gily of 7amafac Poicha sing Divisiori REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name FENCE MASTERS, INC. Address Miami, FL23442-3250- City State Zip Phone/Fax 7 `7 7 - 7 . 7 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 Al J .AA41 .1 L S 3<2 : Z7 "7W14. 4-,0-4L. �c X P l FAI 7e9e 7 of 1 References City of Tamaf ac VENDOR DRUG -FREE WORKPLACE PUR-haSil3C, Dibi iGll Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug --free workplace program, a business shall: 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 impleme atio of this section. As the person authorized to sign the statement, I certify at t f complies fully with the above re uirement$ FENCE MASTERS, INC Authorized ignature Company Name S.W. ERNST, PRESIDENT Parse 1 of 9 Drug -Free Wdd<plac,e Gily of 7_01tmrac Purchasing Division UST 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 as non -responsive and may cause its rejection. Work to be Performed 4 3 4 W, R Contractor Percent License of Total Number Contract Subcontractor's Name and Address Page 1 0f 1 List of SUbcontractors 'City of "1'arm'.1rac: � . Pwchasing Division CERTIFIED RESOLUTION I r (Name), the duly elected Secretary of orporate Title), a corporation organized and existing under the laws of the State of do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. IT IS HEREBY RESOLVED THAT W- (Name)", the duly elected D ► 0r ) (Title of Officer of FENCE MASTER IN -.(Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of use persons authorized to act by the foregoing resolution. NAME TITLE D. L. 644 s i SEc�E r �1 C Given under my hand and the Seal of the said corporation this _� day of r , 2002. By: 2L _ z X,5� (SEAL) Secretary r SEC.,e ETA! ' Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. Page 7 of 1 Certified Resolution BROWARD COUNTY OCCUPATIONAL LICENSE TAX RENEW ON OR BEFORE w FOR PERIOD OCTOBER 1, 2001 THRU SEPTEMBER 30, 2002 SEPTEMBER 30, 2002 FORM NO. 401 25-061 PENALTIES IF PAID O l RENEWAL ❑TRANSFER SEC # $ TAX , (j (j BACKTAX OCT. - 10% NOV. - 15% " DEC. - 20% ` After DEC. 31 - 25% < PENALTY "Plus lax Collection Fee of up to $25.00 NEW'PATE BUSINESS OPENED T, C. FEE on Cost of License if Paid On or After November 30, 200i cc Z) STATE OR COUNTY CERT/REQ # �. TRANSFER LLI Business Location Address: ACCOUNT NUMBER CC N550 NW `4 `>1 6ADI_ COUNTY 33155-0000 TOTAL + BUST'NESS PHONE: <00078Z3-2210 FENCE MASTERS INC S W ERNST 3550 NW 54 STREETM THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED I A P1 T FL 3 3 1 5 5— 0 0 0 0 TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. z L U TYPE OF LICENSE TAX PAID a ril gRO*WARDCOUNT FLNC E F.. R E CT I O N ca 10 UNITS 2001 .2002 Z BROWARD COUNTY REVENUE COLLECTOR 0 115 S. Andrews Avenue, Governmental Center Annex ❑ FORT LAUDERDALE, FL 33301 "SEE BACK FOR TRANSFER INFORMATION PAYMENT RECEIVED A5 VALIDATED ABOVE PAID 1 0/ 03 / 01 902 7 578 - 0001 2.7.00 77 ,° il.�RT!iF�tr ljipE��,'�`'J''+FF.Ca,,,�wiN� �' r e. t •� Yt� "XPH g f 04 AIL#� -; JO BR WA b COUNTYI , II OWDA. r C1MjTIFICA7E d ;COMPETEIVC� u ° Y� ,F r�rl 1 Yt l'EC ?BLD13;; } FENCE ERE_,, T r661_•51 20.7F'�"X03 f ii 3 COS,." VAi2NELX, JOHN QUftIFY G t �r �NCFI. MASTERS�.:`INC " 4 M AI I Fh �1 3 T 2 F� , �T I ACORD CERTIFICATE OP LIABILITY INSURANCE; OP IDNCE-1 8/O—OA08/0D1102 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CIS Insurance & Financial Svcs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5775-8 GlenrS dge Drive , tlanta GA 30328-7119 2hone:404-255-6388 INSURED .._. Fence Masters Inc. 3MaiamiNFL 33142 Street rC)VFRAGFS INSURERS AFFORDING COVERAGE INSURER A Northern insurance COmpany INSURER B: Zenith Insurance Co an INSURER C: American Guarantee & Liab . Ins INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INUIt;A I tU. NU I WWI I no 1 ry 111w 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- POLICIES. TYPE OF INSURANCE POLICY NUMBER DATE MM/DDlYY DATE MWDD GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CON29376184 08/01/02 08/01/03 I CLAIMS MADE OCCUR �GEN'L AGGREGATE LIMIT APPLIES PER: POLICY[ JJECT LOC AUTOMOBILE LIABILITY A X ANY AUTO CON29375889 08/01/02 08/01/03 ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY 7 ANY AUTO HEXCESS LIABILITYCOCCUR cLA1M5MADE AUC3564309-03 08/01/02 08/01/03 DEDUCTIBLE X RETENTION s None WORKERS COMPENSATION AND B I EMPLOYERS' LIABILITY Z83177.1111 08/01/02 08/01/03 OTHER •1y CERTIFICATE HOLDER ADDED BY LIMITS EACH OCCURRENCE $1 , 000 000 FIRE DAMAGE (Any one tire) $ 300 , 000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1 000 000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 PRODUCTS-COMPlOPAGG $2 000 000 COMBINED SINGLE LIMIT (Ea accident) $X , 000 , 000 BODILY INJURY (Per Person) $ BODILY INJURY (Per aorident) $ PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT $ S OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE $ S $4 , 000 , 000 AGGREGATE $ 4,000,000 s X TORY LIMITS ER S _ E.L. EACH ACCIDENT $500 , 000 E.L_ DISEASE - EA EMPLOYEE $5 0 0, 0 0 0 E.L. DISEASE -POLICY LIMIT $500 000 ADDITIONAL INSURED; INSURER LETTER: CANCELLATION I CIT'YOFT City Of Tamarac 7525 N. W. 88th Ave. Tamarac FL 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE ORE I HE cnr,rv. , DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3_Q.-- DAYS WRITTEP NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE O. W. Meadows ®ACORD CORPORATION 198E ACORD 25-S (7/97} (''i(y of T;Jtr1-J1j1r, I BID BOND STATE OF FLORIDA) ) ss: COUNTY OF BROWARD) KNOW ALL MEN BY THESE PRESENTS, that we, Fence Masters, Inc. as Principal, and The Ohio Casualty Insurance Com an as Surety, are held and firmly bound unto the City of Tamarac, a municipal corporation of the State of Florida in the penal sum of Five Percent of Amount Bid Dollars ($*****5%***t lawful money on the ----------- United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated _ August, 15, -- 2002, for'. Chain Link Fence, Material & Labor Bid No. NOW, THEREFORE, (a) if said Bid shall be rejected, or in the alternate. (b) If said Bid shall be accepted and the Principal shall properly execute and deliver to said City the appropriate Contract Documents, and shall in all respects fulfill all terms and conditions attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety, for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CITY may accept such Bid; and said Surety does hereby waive notice of any extension. �� )f 2 CERTIFIED COPY OF POWER OF, A"i"i'ORNEY THE, OHIO CASUALTY INSURANCE COMPANIT WEST AMERICAN INSURANCE COMPANY No. 35-504 T,r,0'; A11 i3en by These Presents: That THF_ OI-1[0 CASUALTY INSUTcA.NCF. COMPANY, t3"n Ohio Cetporatien, and RTEST AAIERICAN r,Tti'SU1Z,,;I•;Cr COMPANY, an Indiana Corporation, its pursuance of authority granted by Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Articic VI, Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Gerald S, Arch, Michnel A. Holmes, James F. Murphy, Jeffrey L. Legget or Susan Bohm of Ft Lauderdale, Florida its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its apt :rd arced . ,.y and all BONDS, UNDERTAKINGS, and RECOCri.u,A!, CwS, not exceeding L; any single instance Sb: vr,;9 MILLION FIVE,, !1UNDR„D THOUSAND (37,500.000.00) DOLLARS, excluding, however, any bond(s) or undettaldng(s) gum Wit^_ g the ,,,,, cr„ ,es and u.rerest t e.co,, And the execution of such bonds or undertaldnes in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been du]f' executed and aclnowledged by the regularly elected officers Of the Companies at their administrative offices in Ilamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In W1T1L SS V1 MI R.`OF, the undersigned officer of the said The Ohio Casualty Insuranee Cotttpatty and "west American insurance Company ha, hereunto subscribed his name and affixed the Corporate Seal of each Company this Sth day of March. 2001. VF`v INS Vq� OSLALSEA[ Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER. On this Sth day of March, 2001 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of TIIF. OMO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged die execution of the same, and being by me duly sworn deposeth and saith, Onat he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TT,STIMONY'AWREOF, I have hereunto set my hand and affixed my Official Scal at the City of Hainilton, State of Ohio, the day and year first above written a�"'wluy,4 _ Y �bfr `41 Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2002. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7. APPOINTMENT OF ATTORNEYS -IN -FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertalarigs or other instruments of n in favor o£ any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board suretyship and policies of insurance to be give or boards of county or state, or the United States of America, or to any other political subdivision." Article Vl, Section 1. APPOINTMENT OF RESIDENTOFFICERS. "Tine Chairman of the Board, the President, any Vice President, a Secretary nr any Assistant Secretary shall be and is hereby vested with full power and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or sistantS and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recogdizances, stipuladpns, undertakings or other instruments of stu•ety-ship or guarantee, and policies of insurance to be given in favor of an individual, fine, corporation. or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970-T'hc Olin Casualty Insurance Company; adopted April 24, 1980-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By -Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power Of attorney or copy thereof issued on behalf of the Company, Such signatures and sea] are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed," CERTIFICATE 1, iltc undersigned Assistant Secretary of The Olio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attnmcy, the referenced By -Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in full force and effect no this IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this ] tto day of August Ac Q 2 qV INSuF 5 •.any cr-_._.-� ot, SEAL t'k SLAL lb S-4300 .Assistant Secretary i. C3 ACKNOWLEDGEMENT Signed and sealed this 15th day of August 2• I PRESS E Fence Mast s, I . � S.W. ERNST, PRESIDENT Principal 1 J / j3550 N.W. 54th Street Business Address (AFFIX SEAL) ATTEST: ecretary LOUISA GIHA ASSISTANT SECRETNk,, ATTEST: See Power of Attorney Attached Secretary -Impress Corporate Seal Miami, FL. 33142 City/State/Zip (954) 463-3172 Business Phone The Ohio Casualt Insura Surety' Pzoe 2 or 2 N/A _ By N/A Title Michael A. Holmes Attorney -In -Fact* & Florida Resident Agent By �Irl £3oridACknawfeclgerr��nt TOTAL P.©a ON of Tamarac "Cornmitled to Excellence... Always" Jeffrey L. Miller City Mcanage: October 11, 2002 S. W. Ernst President Fence Masters, Inc. 3550 NW 54th Street Miami, FL 33142-3250 Dear Mr. Ernst: I am pleased to advise you that at its meeting on October 9, 2002, the City of Tamarac Commission approved a resolution authorizing the award of Bid 02-26B, High Security Fencing, to Fence Masters, Inc. Attached is the approved resolution along with the original agreement, which constitute the full agreement with the City. The Water Plant Superintendent, John Harvey, will be the City of Tamarac contact for this agreement. Please contact him at (954) 724-2430; however, if there should be any problems of serious consequence, I expect you to advise me directly and immediately. The City looks forward to working with you on this contract. Sincerely, Jeffrey L. Miller City Manager c: John Harvey, Superintendent Lynda Flurry, Purchasing and Contracts Manager Attachments ALUall/9914 7525 N.W. 88th Avenue P Tamarac, Florida 33321-2401 a (954) 724-1230 a Fax (954) 724-2454 a www.tamarac.org Fqud Opportunity Employer v ......... .........71 ... r/ AGREEMENT BETWEEN THE CITY OF TAMARAC Elk,Ia] FENCE MASTERS, INC. THIS AGREEMENT is made and entered into this day of; '1' 20 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Fence Masters, Inc., a Florida corporation with principal offices located at 3550 NW 541h Street, Miami, Florida 33142- 3250 (the "Contractor") to provide high security fencing at the City of Tamarac Water Treatment Plant. 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, all documents contained in Bid No. 02-26B High Security Fencing Project (General, Supplementary and other Conditions), drawings, 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 specified in Bid 02-26B as set forth below: a) Contractor shall furnish all labor, materials, and equipment necessary for the installation of high security fencing with razor ribbon and required gating, instrumentation, site restoration and all other incidentals as indicated by the drawing and specifications or as required to properly complete the project as planned. The work generally consists of removal and disposal of existing fence, erection of necessary temporary fencing and installation of high security fencing with razor wire. b) Contractor shall furnish all labor, materials, equipment, tools, service and supervision necessary to properly complete the project. Installation shall be by a licensed contractor and crew with at least three years of verifiable full-time experience with projects of similar nature or dollar cost. r y 3f ff:..... ........ ..... ......... ........ ` ............ .............. ..... ........... . . . . ..... c) Contractor shall clean up and remove each day all debris and material created by the work at the contractor's expense. d) 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. e) All equipment must be stored in a safe manner when not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment. f) 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. g) Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance Contractor shall obtain at Contractor'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 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 & 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 The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than seven (7) days after the date that Contractor receives the official Notice -to -Proceed. The work shall be substantially completed no later than, Ninety (90) Days after the date of the Notice -to -Proceed. All work shall be completed no later than Thirty (30) Days after the date of substantial completion. rniw• C i, r. f .���� f� „1'I,d 5) Contract Sum The Contract Sum for the above work is One Hundred Ten Thousand Nine Hundred Seventy Five Dollars and no/100 cents ($110,975.00). The Contract sum is determined by cost of services, including labor and materials for the job also known as Bid No. 02-26B High Security Fencing at the City of Tamarac Water Treatment Plant. 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 completed 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 correct any and all defects either by repair, replacement or reaccomplishment as determined by City. In the event such defects, as determined by the CITY, are not properly repaired, replaced or re -accomplished, the CITY shall perform such repairs, replacements or re -accomplishments at the Contractor's risk and cost. Contractor shall be responsible for any damages caused by defect to affected areas or interior of structures. 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. 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 S. W. Ernst, President Fence Masters, Inc. 3550 NW 541h Street Miami, Florida 33142-3250 r iijM y ! ?'.f, 41 �' ca iiPi; it7:t r(F> ... ... ..................... .. ii�:;ft .. r.. ..... ........... .......... ................... ......... .'......... ..... . ... ......... 14) Termination This Agreement may be terminated by City or Contractor for cause or by the City for convenience, upon seven (7) calendar days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 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. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. ......................................... ........ ........ . =7 H ••,'T r' 1� 1 xrt !P fit` a ,� � (J 1.. i:'l �f+j 1. j11i1 .r.�fx r.. .... .............. ......... .................. .... .................................1'....... R�r u IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Fence Masters, Inc., signing by and through its President, duly authorized to execute same. ATTEST: Marion Swenson, CIVIC City Clerk Date ATTEST: (Corporate Sgecretary) r ASs tSj M,IsFcap-m rya, Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Joe Schreiber, Mayor / 0f 117 -2--. Date Jeffrey L. eill—er,City Manager L� Approed s to,': Mitrll S. Kraf Fence Masters, and legal sufficiency: City Attorney �✓ r (Signature of President) S. W. Ernst Type/Print Name of President Date ?3 CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA SS COUNTY OF l 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 S. W. Ernst, President of Fence Masters Inc., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this , day of F : w " : 20 (e Personally known to me or Produced Identification Type of I.D. Produced �.` DID take an oath, or �] DID NOT take an oath. OP ID DATE (MM/DD/YY) ACOff CERTIFICATE OF- LIABILITY INSURANC�NCE_1 08/0l[02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CIS Insurance & Financial Svcs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5775-B Glenridge Drive, #130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. tlanta GA 30328-7119 _hone: 404-255-6388 INSURERS AFFORDING COVERAGE INSURED INSURER A: Northern Insurance Company I INSURER B: Zenith Insurance C2mpamy Fence Masters Inc. INSURER C: American Guarantee & Li.ab . Ins 3550 N.W. 54tA Street INSURERD: Miami. FL 33142 .,. INSURER E: COVERAGES IN I f. I 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. S.R TYPE OF INSURANCE POLICY NUMBER _.. DATE MM/DD DATE MM/D LIMITS LIABILITY EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone fire) S 300,000 [GDNE"L L COMMERCIAL GENERAL LIABILITY CON29376184 08/01/02 08/01/03 MED EXP (Arty one person) $ 10,000 CLAIMS MADE X OCCUR L PERSONAL BADV INJURY $1 , 000 , 000 GENERAL. AGGREGATE s2,000,000 I GEN*L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2 000,000 PX PRO LOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 , 000 , bob L XANYnurQ CON2 3758/r8�9y/ 08/O1/b2 08/O1/03 (EeaceidenT) ALL OWNED AUTOS �� W BODILY INJURY $ (Per P—) SCHEDULED AUTOS Vend J BODILY INJURY S _ X HIRED AUTOS pate f Revie X NON -OWNED AUTOS Acce table (Per accident) PROPERTY DAMAGE S table (Per aocadent) GARAGE LIABILITY Below AUTO ONLY - EA ACCIDENT $ _ EA ACC THAN S (NO Deficiencies ANY AUTO -� OTHER AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE S 4 r 000 , 000 AGGREGATE s4,000,000 ��DccuR CLAIMS MA a�3 .-. 08/01/02 08/01/03 Au Orize $ I DEDUCTIBLE $ Fx-] RETENTION 1 None WORKERS COMPENSATION AND ( AIU X TORY LIMITS ER E-L. EACH ACCIDENT S 500,000 EMPLOYERS' LIABILITY Z831711111 08/01/02 08/01/03 E.L. DISEASE - EA EMPLOYEE $500,000 E.L DISEASE - POLICY LIMIT S 500 , 000 OTHER r Fp� DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIUNS AUUtU UT enuvnacmcN trarc— ---- CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYOFT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE F-XPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -aq— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LLABILMY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Tamarac REPRESENTATIVES. 7525 N. W. 88th Ave. Tamarac FL 33321 AUTHORIZED REPRESENTATNE / h O. W. Meadows v _ v ACORD 25-S (7197) (9ACORD CORPORATION 1988 A.M. Best Company - Best's Ratings Online Page 1 of 1 Wed, Sept. 25, 2002 A.M. Best,..,, t4ftt�it',�.CQ111 • • Ratings AAnalyTLs � 0 News Publications M Products & Services • Insurance Reaourcen •AboutA-M-best 02308 _ Northern Insurance Company of Rating SEARCH Opw New York Enter Member of Zurich Financial Services Group orAM. Beal Numberny or A.M. lisat Number A.M. Best #: 02308 NAIC #: 19372 _members or the groups rating View a list of group i "Bet,,s Ratin More Search Options BEST r (u,(Excellent ) °.where In world es Financial Size Category A XV ($2 billion or more) lLMI. ■KUTtt Find our locations *Ratings as of 9/x4/02 4.39:12 PM E.S.T. What djJ2 or purchase the complete Bests -_Company --Report for in-depth analysis, roc. th Send us your c0nments Rating Category (Excellent ): Assigned to companies which have, on balance, excellent financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Accessing the pages Company. These companies, in our opinion, have a strong ability to meet their ongoing obligations to policyholders . ..... .... ......... on constitutes constitutes the user's v..._ Bests Ratings reflect our opinion based on a comprehensive quantitative an( agreement to our qualitative evaluation of a company's financial strength, operating performance an( te..rms._of-use; market profile. These ratings are not a warranty of an insurer's current or future abilit) Information collected to meet its contractual obligations. (Best's Ratings are proprietary and may not b( via this Web site is protected by our reproduced without permission from A.M. Best.) privacy- state rent; Comments or concerns should be directed to The rating symbols "A++', 'A+', "A', 'A-', "B++', and "B+' our cu$tgmer-service are registered certification marks of the A.M. Best Company, Inc. group; For other matters refer to our Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+' contact us page. companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to regi_stei online. .................... ................ . .... ...................... ... ... ........ .... ....... Copyright © 2002 byA... M. Best Company, Inc.. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. ........ I", Mill .--------- x .Iframeserver.asp?Site=ratings&tab=1&RefNum=2308&AltSrc=1 &A1tNum=&L RATINGID=49125102 r A.M. Best Company - Best's Ratings Online Page 1 of 1 Wed. Sept. 25, 2002 BEST . atntbest.com a >) Retinue 8 Analysis Fy w News Publications A Products & Services t r ' . r Insurance Reeource8 w rAbout A.M.Best 00984 - Zenith Insurance Company RJk8f1g 000, Q SEARCH Jump to this company's web site. Enter Company Name orA,M-Beal Number Member of Zenith National Insurance Group A.M. Best #: 00984 NAIL #: 13269 View a list of. -group grp members or the..group's rating MoreSearchOptions wry d Best's Rating f A- (Excellent)* Where m BEST Financial Size Categ_a_ry_ in t:he " IX ($250 million to $500 world is A- •.M. 1111:ICsr7 million) Find our locations 'Ratings as of 9124102 4:39,12 PM E.S.T. Wham d y— thl or read the complete Best's Company ,Reporti for in-depth analysis. Send us your ctlments " Compliments of Zenith Insurance Company Accessing the pages Rating Category (Excellent ): Assigned to companies which have, on balance, excellent financial on ambest.com strength, operating performance and market profile when compared to the standards established by the A.M. Best constitutes the user's Company. These companies, in our opinion, have a strong ability to meet their ongoing obligations to policyholders agreement to our ' : ,.. terms a use Bests Ratings refiect our opinion based on a comprehensive quantitative an( Information collected qualitative evaluation of a company's financial strength, operating performance an( via this Web site is market profile. These ratings are not a warranty of an insurer's current or future ability protected by our to meet its contractual obligations. (Best's Ratings are proprietary and may not b( privac statement; Comments or concerns reproduced without permission from A.M. Best.) should be directed to our customer service The rating symbols "A++", "A+", "A", "A-`, "B++", and "B+" group; For other are registered certification marks of the A.M. Best Company, Inc. matters refer to our contact_us. page. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+ companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to registe. online. Copyright O 2002 by A.M. Best Company, inc., ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. .../frameserver.asp?Site=ratings&tab=1&RefNum=984&AltSrc= 1&AltNum=&URATINGID=46.9/25/02 A.M. Best (Company -- Best's Ratings Online Page 1 of 1 Wed. Sept. 25, 2002 Ala f.ST M. Best �tmbAf#,[1n1 r ' rincis • Ratings S Analysis • News Publications • Products 8 Services + r a + • Insurance Resources ,iF a all *About A.M.Best mw ., 02562 µ American Guarantee and Liability R„Ung seaRclf11 Ins Co Member of Zurich Financial Services Group orA.M.Beat umber or A.. Beat Number A.M. Best #: 02562 NAIC #: 26247 View a list ._of -group members or the group's rating Best's Rating More. Search _O Lions p — BESTA u (Excellent)* ILIWhere in the world isa Financial Size Category XV ($2 billion or more) 4WA.M.EST? Find our locations °Ratings as of 9/24102 4:39:12 PM E.S.T. Wbotd011 or purchase the complete Best's Company,.Repa_rt for in-depth analysis. YOU ttd2 Send us your rments Rating Category (Excellent ): Assigned to companies which have, on balance, excellent financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Accessing the pages Company. These companies, in our opinion, have a strong ability to meet their ongoing obligations to policyholders on ambest.com Best's Ratings reflect our opinion based on a comprehensive quantitative an( constitutes the user's agreement to our qualitative evaluation of a company's financial strength, operating performance an( terms_ot.use..; market profile. These ratings are not a warranty of an insurer's current or future ability Information collected to meet its contractual obligations. (Best's Ratings are proprietary and may not bE via this Web site is protected by our reproduced without permission from A.M. Best.) privacy statement; Comments or concerns The rating symbols "A++", "A+" "A` "A-" "B++" and "B+" should be directed to are registered certification marks of the A.M. Best Company, Inc. our customer service group; For other matters refer to our Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+ contact us page. companies. This special emblem displays their rating and category (Superior, Excellent or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to registe online. ..................................... Copyright© 2002 by A.M.Best Company,. Inc., ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. ..Ifrarneserver.asp?Site=ratings&tab=1 &RefNum=2562&AltSrc=1 &AltNur:r=&URATINGID=40125102