Contract 2022-034ADocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
AGREEMENT NO. 2022-034 FOR
INSTALLATION OF PICKLEBALL COURTS
THIS AGREEMENT, is made and entered into this 10 day of May
2022, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and Ace Surfaces North America Inc., whose
address is: 251 Altamonte Commerce Blvd. Ste: 1406 Altamonte Springs, FL 327 14,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, City of Apopka through the public procurement process awarded an
Agreement for tennis and basketball court replacement, City of Apopka Contract Number
ITB 2019-01;
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the City of Apopka Contract Number ITB 2019-01;
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall provide installation of pickleball courts as described in the City
of Apopka Contract Number ITB 2019-01, which is attached hereto and incorporated
herein as Exhibit "A" and shall perform everything required by this Agreement and the
other exhibits attached hereto. Provided, however, that nothing herein shall require CITY
to purchase or acquire any items or services from CONTRACTOR that is not specified in
the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit
"A", the terms and conditions of this Agreement shall prevail and govern. In all instances
the CITY purchasing policy, resolutions and ordinances shall apply.
ARTICLE 2 — THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "B",
attached hereto and incorporated herein.
ARTICLE 3 — TERM AND TERMINATION
3.1. This Agreement is to become effective upon execution by both parties, and shall
remain in effect until March 4, 2023 unless terminated or renewed by City of
Apopka.
DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written
notice to CONTRACTOR, terminate this Agreement: a) without cause and for
CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if
CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general
assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with
any of the conditions of provisions of this Agreement; or e) CONTRACTOR is
experiencing a labor dispute, which threatens to have a substantial, adverse impact
upon the performance of this Agreement, without prejudice to any other right or
remedy CITY may have under this Agreement. In the event of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in
accordance with the provisions of this Agreement, for work, properly performed
and accepted prior to the effective date of termination.
3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1)
additional year term.
ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK
4.1. The CONTRACTOR shall only provide to CITY tennis and basketball court
replacement upon receipt of an authorized order from CITY and shall provide the
requested items in the timeframe and as set forth in City of Apopka Contract
Number ITB 2019-01 or in the specific purchase order or authorized order
submitted by CITY. Nothing herein shall obligate CITY to purchase any specific
amount of product from CONTRACTOR or create an exclusive purchase
agreement between CITY and CONTRACTOR. CITY shall not be obligated or
required to pay for any items received until such time as CITY has accepted the
items in accordance with the order provided to CONTRACTOR.
4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify
CITY if it has an issue or question related to the fulfillment of the order or whether
there will be any delay in providing the items requested. Failure of
CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking
payment of any kind for any items that were delayed in delivery. Upon receipt of
notification of the delay, CITY may at its sole option cancel the order and seek the
items from any available source.
4.3. It is expressly understood and agreed that the passing, approval and/or acceptance
of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any
agent or representative as in compliance with the terms of this Contract shall not
operate as a waiver by the CITY of strict compliance with the terms of this Contract
and the CITY may require the CONTRACTOR replace the accepted gasoline,
diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and
specifications hereof.
4.4. COMPANY specifically acknowledges that this Contract does not bind or obligate
CITY to purchase any minimum quantity of product during the term hereof.
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ARTICLE 5 — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery of products to CITY as set forth in the applicable purchase order. CITY shall make
payment to the CONTRACTOR for all accepted deliveries and undisputed product
delivered and services provided, within thirty (30) calendar days of receipt of the invoice.
ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION
6.1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER
7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
7.2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
indirectly employed by it, and the amount of such insurance shall be as follows:
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(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury &
Property Damage Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
7.3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article; however, this indemnification does
not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
ARTICLE 8 — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
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service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Ace Surfaces North America Inc.
251 Altamonte Commerce Blvd. Ste: 1406
Altamonte Springs, FL 327 14
OWNER: City of Clermont
Attn: Brian Bulthuis, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 9 — MISCELLANEOUS
9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
9.3. Severability — If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
9.5. Entire Agreement — This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
9.6. Assi ng ment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
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Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
9.8. Applicable Law — This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9.9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
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ARTICLE 10 — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
10.1. This Agreement
10.2. Purchase Order / Notice To Proceed
10.3. An applicable Contractor Quote or Statement of Work
10.4. All documents contained in the City of Apopka Contract Number ITB 2019-01.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 10 day of May , 2022.
CITY OF CLERMONT
DocuSigned by:
DS
may,
ATTEST:
—DocuSigned by:
T4" plot
Tracy Ackroyd Howe, City
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ACE SURFACES NORTH AMERICA INC.
By:
(Signature)
Print Name:
Title:
Date: 5/11/2022
DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
CITY OF APOPKA
Agreement
ITB # 2019-01
Project: Tennis and Basketball Court Replacement
THIS AGREEMENT ("Agreement") is made and entered this day of l-c-6 - ,
2019 b tween City of Apopka, a Florida municipal corporation ("CITY") and
Ce. I r.r, located at ZSI }F,, M k G Gerd ("CONTRACTOR") (CITY and
ONTRACTOR may be collectively refen-ed to as the "parties" herein).
WITNESSETH:
WHEREAS, CITY desires to obtain the services of CONTRACTOR concerning certain
services specified in this Agreement (referred to hereinafter as the "Project"); and
WHEREAS CONTRACTOR has submitted a proposal for the provision of those services; and
WHEREAS CONTRACTOR represents that it has expertise in the type of professional
services that will be required for the Project;
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTCLE ONE
CONTRACTOR'S RESPONSIBILITIES
1.1 The services performed by CONTRACTOR are generally described as professional contracting
services for tennis and basketball court replacement and more fully described in the Scope of
Scope of Services attached as Exhibit A and in the Invitation to Bid (ITB # 2019-01)
incorporated herein by reference and made a part of this Agreement.
1.1.1 It is expressly understood that no work/purchase will begin until a signed Purchase Order is
issued to CONTRACTOR.
1.1.2 Upon execution of this Agreement and issuance of a signed Purchase Order, CONTRACTOR
agrees to promptly provide the services required thereby, in accordance with the terms of this
Agreement.
1.2 CONTRACTOR agrees to obtain and maintain throughout the period of this Agreement all
such licenses as are required to do business in the State of Florida, the City of Apopka and in
Orange County, Florida, including, but not limited to, all licenses required by representative
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state boards and other governmental agencies responsible for regulating and licensing the
professional services to be provided and performed by the CONTRACTOR pursuant to this
Agreement. When services to be provided hereunder require a license, certificate of
authorization or other form of legal entitlement under the Florida Statutes, CONTRACTOR
agrees it shall employ or retain only qualified personnel to provide such services.
1.3 CONTRACTOR has represented to CITY that it has the expertise in the type of professional
services that will be required for the Project. CONTRACTOR agrees that all services to be
provided by CONTRACTOR pursuant to this Agreement shall be subject to CITY's review
and approval and shall be in accordance with the generally accepted standards of professional
practice in the State of Florida, as may be applied to the type of services to be rendered, as
well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations
and requirements of any governmental agencies which regulate or have jurisdiction of the
Project or the services to be provided and performed by CONTRACTOR. In the event of
any conflicts in these requirements, CONTRACTOR shall notify CITY of such conflict and
utilize its best professional judgment to advise CITY regarding resolution of the conflict.
1.4 CONTRACTOR will insure that the performance of the services herein, by its employees,
agents and any of its subcontractors and that all material, equipment, etc. will be in full
compliance with the Occupational Safety and Health Act ("OSHA"). If any material,
equipment, etc., delivered is subsequently found to be deficient in any OSHA requirement
in effect on date of delivery, all costs necessary to bring the material, equipment, etc.,
into compliance with the aforementioned requirements shall be borne by CONTRACTOR.
1.5 CONTRACTOR agrees not to employ or offer to employ any Elected Official or City
Managerial Employee of CITY who in any way deals with, coordinates on, or assists with,
the professional services provided in this Agreement, for a period of 1 year after termination
of all provisions of this Agreement. For purposes of this paragraph, the term, "Elected
Official" shall mean any member of the City Council. For purposes of this paragraph, the
term, "City Managerial Employee" shall mean the City Administrator, the City Clerk, the
City Attorney, and any City department head of director. If CONTRACTOR violates the
provisions of this paragraph, CONTRACTOR shall be required to pay damages to CITY in
an amount equal to any and all compensation which is received by the form Elected Official
or City Managerial Employee of the CITY from or on behalf of the contracting person or
entity, or an amount equal to the former Elected Officer's or City Managerial Employee's
last 2 years of gross compensation from CTTY, whichever is greater.
1.6 CONTRACTOR must keep and maintain all public records, as defined by Chapter 119,
Florida Statutes, created in furtherance of this Agreement. On request from CITY's custodian
of public records, CONTRACTOR shall provide a copy of any public records in its
possession or allow such records to be inspected or copied within a reasonable time, at a cost
that does not exceed the cost provided in Chapter 119, Florida Statutes, and other applicable
laws. CONTRACTOR shall ensure that public records that are exempt, or confidential and
exempt from disclosure requirements, are not disclosed except as authorized by law for the
duration of the contract term, and if CONTRACTOR does not transfer the records to CITY,
following completion of the contract. Upon completion of the Contract, CONTRACTOR
may transfer all public records to CITY at no cost to CONTRACTOR. CONTRACTOR shall
then destroy any duplicate exempt or confidential public records. If CONTRACTOR retains
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any public records following completion of the contract, Contractor must meet all applicable
requirements for retaining public records.
1.7 CONTRACTOR shall fully warrant all material furnished hereunder against defect in
materials and/or workmanship for a period of five (5) years from date of delivery/acceptance
by CITY. Should any defect in materials or workmanship, except ordinary wear and tear,
appear during the above stated warranty period, the awarded vendor shall repair or replace
same at no cost to CITY, immediately upon written notice from CITY. All warranty
provisions of the Uniform Commercial Code shall additionally apply.
ARTICLE TWO
CITY's RESPONSIBILITIES
2.1 CITY shall designate in writing a project coordinator to as CITY's representative with
respect to the services to be rendered under this Agreement ("Project Coordinator"). The
Project Coordinator shall have authority to transmit instructions, receive information,
interpret and define CITY'S policies and decisions with respect to the CONTRACTOR's
services for the Project. However, the Project Coordinator is not authorized to issue any oral
or written orders of instructions to CONTRACTOR that would have the effect or be
interpreted to have the effect, of modifying or changing in any manner whatever the
following:
(a) The scope of services to be provided and performed by CONTRACTOR;
(b) The time CONTRACTOR is obligated to commence and complete all such services;
and
(c) The amount of compensation the CITY is obligated or committed to pay
CONTRACTOR.
Any such modification or change of (a) through (c) shall only be made by submitting in
writing a request and upon the authorization of the CITY's City Administrator as authorized
by the City Council in the enabling statute or in CITY's procurement policies.
2.2 The Project Coordinator shall:
(a) Review and make appropriate recommendations on all requests submitted by
CONTRACTOR for payment for services and work provided and performed in
accordance with this Agreement;
(b) Arrange for access to and make all provisions for CONTRACTOR to enter the
PROJECT site to perform the services to be provided by CONTRACTOR under this
Agreement; and
(c) Provide notice to CONTRACTOR of any deficiencies or defects discovered by CITY
with respect to the services to be rendered by the CONTRACTOR hereunder.
2.3 CONTRACTOR acknowledges that access to the Project site, to be arranged by CITY for
CONTRACTOR, may be provided during times that are not the normal business hours of
CONTRACTOR.
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ARTICLE THREE
TIME
3.1 TIME IS OF THE ESSENCE WITH RESPECT TO THE PERFORMANCE OF THIS
AGREEMENT. Services to be rendered by CONTRACTOR shall be commenced
subsequent to the execution of this Agreement, issuance by CITY of a signed Purchase Order
and upon a written Notice to Proceed from CITY for all or any designated portion of the
Project and be for a three (3) year period. The time of performance will be extended only
upon the mutually signed agreement by the parties to extend the contract term.
3.2 Should CONTRACTOR be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONTRACTOR, and not
due to its own fault or neglect, including but not restricted to acts of God or of public enemy,
acts of government or of the CITY, fires, floods, epidemics, quarantine regulations, strikes
or lock -outs, then CONTRACTOR shall notify CITY in writing within 5 business days after
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which CONTRACTOR may have had to request a time extension.
3.3 No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONTRACTOR's services from any cause whatsoever, including those for which
CITY may be responsible in whole or in part, shall relieve CONTRACTOR of its duty to
perform or give rise to any right to damages or additional compensation from CITY.
CONTRACTOR's sole remedy against CITY will be the right to seek an extension of time
to its schedule. This paragraph shall expressly apply to claims for early completion, as well
as claims based on late completion.
3.4 Should CONTRACTOR fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely and reasonable manner, in addition to any other
rights or remedies available to CITY hereunder, CITY at is sole discretion and option may
withhold any and all payments due and owing to CONTRACTOR until such time as
CONTRACTOR resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to CITY's satisfaction that CONTRACTOR's performance is or will
shortly be back on schedule.
ARTICLE FOUR
COMPENSATION
4.1 Compensation to the CONTRACTOR by CITY for all services shall not exceed the unit
pricing established in the bid submittal as established in Exhibit A. Payments shall be
processed in the manner set forth in the bid document and in Exhibit A to be incorporated
herein by reference.
4.2 Payment for invoices received by CITY will be accomplished via purchase order system by
submission of invoice, at time of delivery, with Release Order Number and Delivery Date
reference thereon to:
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CITY OF APOPKA
ATTN: RHONDA CLINE
NW RECREATION COMPLEX
3710 JASON DWELLEY PKWY
APOPKA, FL 32712
Retainage will be held as set by Florida Statute 255.78 in the amount of 10 percent of the
payment until 50 percent completion of such services. An AIA form listing will be set at the
preconstruction meeting regarding payment milestones. Payment Terms: Vendors are
advised to familiarize themselves with the Florida Prompt Payment Statutes, codified at
Secs. 218.70 — 218.80 Florida Statutes and and more particularly Sec. 218.735 — Timely
payment for construction services which allows for payment to be made up to but no
more than 25 days from the receipt of a proper invoice. Staff will make a full effort to
process invoicing before this time allotment however city staff does have up until this
time to provide payments.
ARTICLE FIVE
INDEMNIFICATION
5.1 CONTRACTOR shall defend, indemnify and hold harmless the CITY and all of its officers,
agents, and employees from and against all claims, liability, loss and expense, including
reasonable costs, collection expenses, attorneys' fees, and court costs which may arise
because of the negligence (whether active or passive), misconduct, or other fault, in whole or
in part (whether joint, concurrent, or contributing), of the CONTRACTOR its officers, agents
or employees in performance or non-performance of its obligations under this Agreement.
CONTRACTOR recognizes the broad nature of this indemnification and hold harmless
clause, as well as the provision of a legal defense to CITY when necessary, and voluntarily
makes this covenant and expressly acknowledges the receipt of such good and valuable
consideration provided by CITY in support of such indemnification, legal defense and hold
harmless contractual obligations in accordance with the laws of the State of Florida.
Compliance with any insurance requirements required within this Agreement shall not relieve
CONTRACTOR of its liability and obligation to defend, hold harmless and indemnify CITY
as set forth in this paragraph. Nothing herein shall be construed to extend the CITY's liability
beyond that provided in section 768.28, Florida Statutes.
ARTICLE SIX
INSURANCE
6.1 CONTRACTOR shall obtain and carry, at all times during its performance under this
Agreement, insurance of the type and in the amounts set forth in Exhibit B, General Insurance
Requirements, incorporated herein by reference.
ARTICLE SEVEN
INDEPENDENT CONTRACTOR
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7.1 CONTRACTOR is an independent contractor and this Agreement does not create a joint
venture, partnership, affiliation, association or employment relationship with CITY.
CONTRACTOR agrees not to hold itself out as a joint venturer, partner, affiliate, associate,
or employee of CITY. CONTRACTOR agrees that it is solely responsible for any tax, both
state or federal, that may be due on compensation received under this Agreement, and for
payment of any other taxes, fees, or charges that may accrue to and be payable by it because
of the services performed under this Agreement.
7.2 The services to be performed hereunder shall be performed by CONTRACTOR's own staff,
unless otherwise authorized in writing by CITY. The employment of, contract with, or use
of the services of any other person or firm by CONTRACTOR, as independent contractor or
otherwise, shall be subject to the prior written approval of CITY. No provision of this
Agreement shall, however, be construed as constituting an agreement between CITY and any
such other person or firm. Nor shall anything contained in this Agreement be deemed to give
any such party or any third party any claim or right of action against CITY beyond cush as
may otherwise exist without regard to this Agreement.
ARTICLE EIGHT
DOCUMENTS INCORPORATED IN AGREEMENT
8.1 The following documents are expressly agreed to be incorporated by reference and made a
part of this Agreement.
Invitation to Bid
Bid Form
Respondents Certification
Bid Bond if applicable
Agreement Form
Performance and Payment Bond if applicable
Bid Protest Procedures
Insurance Requirements/ Hold Harmless Agreement
Certificate of Insurance — Worker's Compensation
Certificate of Insurance — General Liability
Drug Free Workplace Certification
Specifications
Public Entity Crimes — Sworn Statement
Notice of Award Form
Notice to Proceed Form
Change Order Form
Application for Payment Form
Certificate of Substantial Completion Form
Release and Affidavit
Contractor Request for Information Form
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ARTICLE NINE
WAIVER OF CLAIMS
9.1 CONTRACTOR's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims by it against CITY arising out of
this Agreement or otherwise related to the Project, except those previously made in writing
and identified by CONTRACTOR as unsettled at the time of the final payment. Neither the
acceptance of CONTRACTOR's services nor payment by CITY shall be deemed a waiver of
any of CITY's rights against CONTRACTOR.
ARTICLE TEN
TERMINATION OR SUSPENSION
10.1 CONTRACTOR shall be considered in material default of this Agreement and such default
will be considered cause for CITY to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) failure to begin work under the
Agreement within the times specified under the Notice to Proceed; or (b) failure to properly
and timely perform the services to be provided hereunder or as directed by CITY; or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by
CONTRACTOR or by any of CONTRACTOR's principals, officers, or directors; or (d)
failure to obey laws, ordinances, regulations or other codes of conduct; or (e) failure to
perform or abide by the terms or spirit of this Agreement; or (f) for any other just cause.
CITY may so terminate this Agreement, in whole or in part, by giving CONTRACTOR at
least 3 calendar days' written notice.
10.2 If, after notice of termination of this Agreement as provided for in paragraph 10.1 above, it
is determined for any reason that CONTRACTOR was not in default, or that its default was
excusable, or that CITY otherwise was not entitled to the remedy against CONTRACTOR
provided for in paragraph 10.1, then the notice of termination given pursuant to paragraph
10.1 shall be deemed to be the notice of termination for in paragraph 10.3 below and
CONTRACTOR's remedies against CITY shall be the same as limited to those afforded the
CONTRACTOR under paragraph 10.3 below.
10.3 CITY shall have the right to terminate this Agreement, in whole or in part, without cause
upon 7 calendar days' notice to CONTRACTOR. In the event of such termination for
convenience, CONTRACTOR's recovery against CITY shall be limited to that portion of the
fee earned through the date of termination, together with any retainage withheld and any costs
reasonably incurred by CONTRACTOR that are directly attributable to the termination, but
CONTRACTOR shall not be entitled to any other or further recovery against CITY,
including, but not limited to, anticipated fees or profits on work not required to be performed.
ARTICLE ELEVEN
CONFLICT OF INTEREST
11.1 CONTRACTOR represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONTRACTOR further represents that no persons having any such
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interest shall be employed to perform those services.
ARTICLE TWELVE
NON-DISCRIMINATION
11.1 CONTRACTOR is prohibited from discriminating against any employee, applicant
or client because of race, religion, color, disability, national origin, gender or age with regard
to but not limited to the following: employment practices, rates of pay or other compensation
methods, and training selection. EEO STATEMENT: The City of Apopka is committed to
assuring equal opportunity in the award of contracts and, therefore, complies with all laws
prohibiting discrimination on the basis of race, color, religion, national origin, handicap, age
and gender.
ARTICLE THIRTEEN
ASSIGNMENT
12.1 CONTRACTOR may not make any assignment of the contractual agreement between
the parties, in whole or in part, without prior written authorization as may be given by
CITY, at CITY's sole discretion. No assignment by a party hereto of any rights under
or interests in the contract documents will be binding on another party hereto without
written consent of the party sought to be bound; and specifically but without limitation,
moneys that may become due and moneys that are due may not be assigned without
such consent.
ARTICLE FOURTEEN
MODIFICATION
14.1 No modification or change in this Agreement shall be valid or binding upon the parties
unless in writing and executed by the party or parties intended to bound by it.
ARTICLE FIFTEEN
NOTICES AND ADDRESSES OF RECORD
13.1 Whenever either party desires to give notice to the other, such notice must be in writing,
sent by certified United States Mail, postage prepaid, return receipt requested, or sent by
commercial express carrier with acknowledgement of delivery, or by hand delivery with a
request for a written receipt of acknowledgment of delivery, addressed to the party for whom
it is intended at the place last specified. The place for giving notice shall remain the same as
set forth herein until changed in writing in the manner provided in this section. For the
present, the parties designate the following:
CITY: City of Apopka
Recreation Department
NW Recreation Complex
3710 Jason Dwelley Pkwy
Apopka FL 32712
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Phone (407) 703-1346
Fax (407) 703-1740
CONTRACTOR: Ace Surfaces North America Inc.
251 Altamonte Commerce Blvd. Ste: 1406
Altamonte Springs, FL 32714
ARTICLE SIXTEEN
MISCELLANEOUS
16.1 CONTRACTOR, in representing CITY, shall promote the best interest of the CITY and
assume towards CITY a duty of the highest trust, confidence and fair dealing.
16.2 No modification, waiver, suspension or termination of the Agreement or any of the terms
thereof shall impair the rights or liabilities of either party.
16.3 This Agreement is not assignable, in whole or in part, by CONTRACTOR without prior
written consent of CITY.
16.4 Waiver by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms
of this Agreement.
16.5 The headings of the Articles, Exhibits, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit
or change the provisions in such Articles, Exhibits, Parts or Attachments.
16.6 This Agreement and those documents incorporated into it, constitutes the entire agreement
between the parties and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the manner set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
16.7 Should any provision of the Agreement be determined by a court to be unenforceable, such
a determination shall not affect the validity or enforceability of any other section or part
thereof.
ARTICLE SEVENTEEN
GOVERNING LAW AND VENUE
17.1 This Agreement shall be governed by the laws in the State of Florida. The Uniform
Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual
obligations between CONTRACTOR and CITY for any terms and conditions not specifically
stated in this Agreement. The parties hereby consent to personal jurisdiction and venue, for
any action arising out of a breach or threatened breach of this Agreement, in the United States
District Court for the Middle District of Florida located in Orlando, Florida, or in the Circuit
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and County Courts in and for Orange County, Florida.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below.
CONTRACTO
ATTEST:
By:
Print Name: ]L SCJ
-V�4j Its: President
Secretary Date:
ATTEST:
City Clerk
[Corporate Seal]
CITY:
CITY OF APOPKA, FLORIDA
QA1Q119-
PrintName: GJ W&A'. SqfS
Its: 10 ,AI 3 i71� /
Date: 3'l ) I
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DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
EXHIBIT A
SCOPE OF SERVICES
A. PURPOSE
To obtain bids to replace the basketball court at Alonzo Williams Park located at 515 S.
Hawthorne Avenue, Apopka, FL 32703. The bid will also allow for a contract to replace courts
within a period of 3 years with the option of two (2) additional one (1) year terms. The selected
contractor must be licensed to do business in the State of Florida and perform under the laws of
the State of Florida. The City intends to enter into an agreement with the lowest qualified firm.
Additional Governmental Agencies/Entities may utilize this contract upon suppliers' acceptance.
B. SCOPE
The first park court to be addressed after selection of a contractor is Alonzo Williams Park
1 OOx 105 (1,167 SY). A dedicated timeline is outlined under "Section C. Schedule" for Alonzo
Williams Park. The following other parks and courts may be addressed in the future as listed
below. Additional locations may be added if sizes are in comparison to those provided on the bid
form document.
Alonzo Williams Park Basketball Court 100'x105' (1,167 SY):
with 5' border and 5' between the courts 94'x 115' (1201 SY)
Northwest Recreation Complex:
3 basketball courts 84'x50' each (467 SY)
4 tennis courts 78'x36' for doubles (312 SY) & 78'x27' for singles (234 SY)
All 3 courts combined = 104'x202' (2,334 SY).
Tennis: 120' x 240' = 3,200 (SY)
This is for the entire surface, including space between the courts and space from the
court to the fence. Doubles is part of the standard court design.
Alternates listed below will not be considered in the total bid pricing and will be optional based
on project.
Basketball Courts
1. Grade substrate and install 6" lime rock base that is properly compacted following the 1 %
slope.
2. Install 1.5" SP-9.5 (non -recycled) asphalt. Flood entire surface checking for minor
depressions or irregularities. Any puddled areas that hold water deep enough to cover a nickel
or 1/8" will be repaired and covered, this includes any rough or raveled areas of asphalt. The
edges of all patches will be scraped or ground smooth so that patches are not visible through
finished surface.
3. It is recommended that bidder visit park(s) to calculate measurements before submitting
quotes (see attachments for locations and layout).
4. Courts must cure at least 30 days or approved by staff as completely dried before applying
any coatings and court must be clean and completely dry.
5. Apply 2 Coats of Acrylic Surfacer to entire court.
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6. Apply 2 Coats of Color/Topcoat.
7. Court must dry for a minimum of five (5) hours prior to application of playing lines.
8. Apply 2" wide regulation court lines.
Basketball Court Alternate Pricing
1. Remove asphalt and base.
2. Remove basketball poles and goals.
3. Install Heavy Duty package basketball hoops/poles or equivalent (city will provide
equipment) using manufacturer's specifications.
Tennis Courts
1. Grade substrate and install 6" lime rock base that is properly compacted following the 1%
slope.
2. Install 1.5' SP-9.5 (non -recycled) asphalt. Flood entire surface checking for minor
depressions or irregularities. Any puddled areas that hold water deep enough to cover a nickel
or 1 /8" will be repaired and covered, this includes any rough or raveled areas of asphalt. The
edges of all patches will be scraped or ground smooth so that patches are not visible through
finished surface.
3. It is recommended that bidder visit park(s) to calculate measurements before submitting
quotes (see attachments for locations and layout).
4. Courts must cure at least 30 days or approved by staff as completely dried before applying
any coatings and court must be clean and completely dry.
5. Apply 2 Coats if Acrylic Surfacer to entire court.
6. Apply 2 Coats of Color/Topcoat.
7. Court must dry for a minimum of five (5) hours prior to application of playing lines.
8. Apply 2" wide regulation court lines.
Tennis Court Alternate Pricing
1. Remove fencing and windscreen around court area.
2. Remove and dispose of existing tennis net posts.
3. Remove existing center strap ground anchors.
4. Remove asphalt and base.
5. Install tennis net posts (city will provide equipment) using manufacturer's specifications.
6. Replace center strap ground anchors with pipe type center strap anchor made from galvanized
steel with pin in the top center.
7. Install new net and new center strap for each court.
8. Reinstall tennis court fencing and windscreen.
The project consists of furnishing all transportation, materials, equipment, labor, services and
supplies necessary to construct the above described improvements. Before submitting a Bid, each
Bidder must examine the Documents thoroughly, visit the site to familiarize themselves with local
conditions that may in any manner affect cost, progress or performance of the Work, familiarize
themselves with federal, state and local laws, ordinances, rules and regulations that may in any
manner affect cost, progress or performance of the work; and study and carefully correlate Bidder's
observations with the Documents.
C. SCHEDULE
Alonzo Williams Park & Future Courts:
Completion of Construction: 45 days
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Final Completion with Top/Coat & Paint: +15 days
Total Project Time: 60 days
Alonzo Williams Park Basketball Court
Bid Deadline: 02/06/19
City Council Contract Award: 02/20/19
Contract/Insurance Execution: By or Before 03/01/19
Pre -construction Meeting: By or before 03/01/19
Start Date: As soon as contract is executed or by 03/04/19
Completion Date: Mid -April
SPECIAL PROVISIONS
Standard Specifications
The project shall be constructed in accordance with these specifications and all applicable
standards required to obtain any required permits, FDEP or environmental regulations and all
applicable City of Apopka Construction Design Standards.
Material and Equipment
The Contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or "or -
equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a
substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if
acceptable to designated staff or Engineer until after the "effective date of the Agreement". The
procedure for submittal of any substitute or alternate application by a Contractor is by
submitting a request before the RFI deadline to Purchase a),anopka.net.
Cooperation with Others
a. The Contractor shall cooperate with the owners of any underground or overhead utilities
in their removal and rearrangement operations, in order that these operations may progress
in a reasonable manner and that service rendered by these parties will not be interrupted.
b. Contractor shall schedule his work in such a manner as to maintain access for homes &
businesses.
Method of Measurement
All measurement for payment will be based on the completed work performed in strict accordance
with the drawings and/or specifications. All work completed under this contract shall be measured
by the Contractor or his representatives in the presence of the Engineer or his representative.
Notification to and Coordination with Utility Companies
The excavators shall comply with FL 77-153 regarding notification of existing gas and oil pipeline
company owners. During the period of this contract, it shall be the Contractor's responsibility to
coordinate all utility adjustments necessary for the completion of the project.
Subsurface Investigation
The Contractor shall be responsible for having determined to his satisfaction, prior to the
submission of his bid, the nature of the work, the conformation of the ground, the character and
quality of the nature of the groundwater conditions and all other matters which can in any way
affect the work under this contract. The prices established for the work to be done will reflect all
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costs pertaining to the work.
Clean-Un
Upon completion of construction of all facilities, the entire construction area shall be cleaned up
and all trash, debris and excess material must be hauled away and disposed of to the satisfaction
of the City.
Pen -nits, Licenses &_Notices
The Contractor shall procure all permits and licenses required by Contract Documents. The
Contractor shall give all notice necessary and incidental to the due and lawful prosecution of the
work.
Use of Public Roads & Streets
The use of public roads and streets shall be such as to provide a minimum of inconvenience to the
public and to other traffic. Any earth or excavated material spilled from trucks shall be removed
by the Contractor and the street cleaned to the satisfaction of the Owner. Contractor shall be
responsible for any and all damage to existing facilities whether caused by themselves or their
subcontractor. It is highly recommended that Contractor notify all subcontractors of this liability
in an effort to prevent or minimize damage.
Care of Trees, Shrubs & Grass
The Contractor shall be fully responsible for maintaining in good condition all cultivated grass
plots, trees and shrubs beyond the grading limits of this Contract. Where maintained shrubbery or
grassed strips must be removed or destroyed incident to the construction operation, the Contractor
shall, after completion of the work, replace or restore to the original condition, all destroyed or
damaged shrubbery or grass. Tree limbs which interfere with equipment operation and are
approved for pruning, shall be neatly trimmed.
Damage to Existing .Structures & Utilities
The Contractor shall be responsible for and make good all damage to pavement beyond the limits
of this contract, buildings, telephone, power or other cables, water pipes, storm sewer facilities,
sanitary pipe, gas lines, or other structures which may be encountered whether or not shown on
the Drawings.
Use of Explosives
No blasting shall be done except upon approval by the City and the governmental agency or
political subdivision having jurisdiction. When the use of explosives is approved by the City as
necessary for the execution of the work, the Contractor shall use the utmost care so as not to
endanger life or property, and assume responsibility for any such damage resulting from his
blasting operations, and whenever explosives shall be stored in a secure manner and all such
storage places shall be marked clearly "DANGEROUS EXPLOSIVES" and shall be in the care of
competent watchmen. All permits required for the use of explosives shall be obtained by the
Contractor at his expense. All requirements of the governmental agency issuing permits shall be
observed.
Weekly Progress Schedule
Weekly progress schedule shall include the necessary manpower and equipment required to
maintain the projected progress schedule. Should the Contractor fail to maintain the progress
schedule he has provided to the City and is unable to recover prior to the next pay requisition, the
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City may elect to withhold a portion of or all 7of the following payments until such time that the
Contractor has recovered his loss time. The City may request the Contractor to submit a revised
schedule with evidence, by means of additional manpower and equipment, displaying his
intentions to make up for the loss of time. If the City agrees and believes that the Contractor will
recover, the City may elect to continue with payments.
5torinz of Nuipment & Material
The Contractor shall discuss and obtain approval from the City for any area outside the limits of
construction that may be impacted by his work. This shall include any areas necessary for the
staging, storing and delivery of equipment and material. In addition, the Contractor shall discuss
and obtain approval from the City for the selection of the best delivery routes to the construction
site.
Existing Underwound Utilities
Contractor shall take the necessary steps to explore or otherwise verify and confirm location of
underground pipes utilities & structures for any necessary areas outlined in the project before
excavation.
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EXHIBIT B
GENERAL INSURANCE REQUIREMENTS
CONTRACTOR shall obtain and maintain such insurance as will protect it from: (1) claims under
worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2)
claims for damages because of bodily injury, occupational sickness or disease or death of his
employees including claims insured by usual personal injury liability coverage; (3) claims for
damages because of bodily injury, sickness or disease, or death of any person other than his
employees including claims insured by usual personal injury liability coverage; and (4) from
claims for injury to or destruction of tangible property including loss or use resulting therefrom,
any or all of which claims may arise out of, or result from, the services, work and operations
carried out pursuant to and under the requirements of the Agreement, whether such services, work
and operations be by the CONTRACTOR, its employees, or by subcontractor(s), or anyone
employed by or under the supervision of any of them, or for whose acts any of them may be
legally liable.
This insurance shall be obtained and written for not less than the limits of liability specified
hereinafter, or as required by law, whichever is greater.
CONTRACTOR shall require, and shall be responsible for assuring throughout the time that the
Agreement is in effect, that any and all of its subcontractors obtain and maintain until the
completion of that subcontractor's work, such of the insurance coverages described herein as are
required by law to be provided on behalf of their employees and others.
CONTRACTOR shall obtain, have and maintain during the entire period of the Agreement
insurance policies which contain the following information and provisions:
A. The name and type of policy and coverages provided;
B. The amount or limit applicable to each coverage provided;
C. The date of expiration of coverage;
D. The designation of the City of Apopka, Florida and Engineer as additional insureds and
certificate holders. (This requirement shall not apply to the Worker's Compensation
Insurance.);
E. The following clause must appear on the Certificate of Insurance:
"Cancellation - should any of the above described policies be canceled before the stated
expiration date thereof, insurer will not cancel same until at least thirty (30) days prior
written notice (by certified mail) has been given to the below named certificate holder.
This prior notice provision is a part of each of the described policies."
Each Certificate of Insurance shall be accompanied by documentation that is acceptable to CITY
establishing that the insurance agent and/or agency issuing the certificate of Insurance has been
duly authorized, in writing, to do so by and on behalf of the insurance company underwriting the
insurance coverage(s) indicated on each Certificate of Insurance.
If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion
of the Work or termination of the Agreement, CONTRACTOR shall furnish to CITY, in
triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar
days prior to the date of their expiration. Failure of the CONTRACTOR to provide CITY with
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such renewal certificate(s) shall be considered justification for CITY to terminate the Agreement.
If CITY has any objection to the coverage afforded by other provisions of the insurance required
to be purchased and maintained by CONTRACTOR in accordance with the requirements of the
Agreement on the basis of its not complying with the Agreement, CITY shall notify Contractor
in writing. CONTRACTOR shall provide to CITY such additional information with respect to
its insurance as may be requested.
CONTRACTOR shall obtain and maintain the following insurance coverages as provided
hereinbefore, and in the type, amounts and in conformance with the following minimum
requirements:
INSURANCE SCHEDULE
Ia. Workers Compensation
lb. Employers Liability
2. General Liability
3. Business Automobile
Liability
Statutory
$1,000,000 Each Accident
$1,000,000 Per Person - Disease
$1,000,000 Aggregate - Disease
$1,000,000 Each Occurrence
$100,000 Damage to Rented Premises
$1,000,000 Personal Injury and Advertising
$2,000,000 General Aggregate
$1,000,000 Products/Completed Operations
Aggregate
$10,000 Medical Payments
$1,000,000 Combined Single Limit
Pollution Liability Insurance. Pollution Legal/Environmental Legal Liability Insurance for
pollution losses arising from all services performed to comply with this . Coverage shall apply
to sudden and gradual pollution conditions including the discharge, dispersal, release or escape
of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or
other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse
or body of water, which results in Bodily Injury or Property Damage. If policy is written on a
Claims Made form, a retroactive date is required, and coverage must be maintained for three (3)
years after completion of contract or "tail" coverage must be purchased. Coverage should include
and be for the least minimum limits listed below:
Bodily injury, sickness, disease, mental anguish or shock sustained by any person,
including death; property damage including physical injury to or destruction of
tangible property including the resulting loss of use thereof, cleanup costs, and the
loss of use of tangible property that has not been physically injured or destroyed;
2. Defense including costs, charges, and expenses incurred in the investigation,
adjustment or defense of claims for such compensation damages.
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3. Cost of Cleanup/Remediation.
Limits
Per Claim or Occurrence: $2,000,000
General Aggregate: $2,000,000
For acceptance of Pollution Legal/Environmental Legal Liability coverage included within
another policy required herein, a statement notifying the certificate holder must be included on
the certificate of insurance and the total amount of said coverage per occurrence must be greater
than or equal to the amount of Pollution Legal/Environmental Legal Liability and other coverage
combined.
Form of Coverage:
Industry Standard:
General Liability: Insurance Services Office form CG0001 (12/04) or equivalent
Business Auto: Insurance Services Office form CA0001 (03/06) or equivalent
Special Provisions:
1. All tools and equipment owned by the CONTRACTOR or any of its subcontractor are the
responsibility of the owner of the equipment. City of Apopka is held harmless for loss of any
kind.
2. Additional Insured: City of Apopka, it's employees, agents and any representatives shall be
named as additional insured on the General Liability (including Products & Completed
Operations) and Auto Policies.
3. Waiver of Subrogation: Workers Compensation and General Liability policies shall contain
a Waiver of Subrogation in favor of and naming: City of Apopka, it's employees, agents, and
any representatives.
4. General Liability policy will include "Per Project Aggregate" endorsement.
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Basket Ball Courts
ITEM NO. DESCRIPTION
1
MOBILIZATION
2
GRADING
3
INSTALL 6" LIME ROCK BASE
4
ASPHALT PAVING
5
ACRYLIC SURFACE
6
COLOR/TOPCOAT
7
2" COURT LINES/STRIPING
Tennis Courts
ITEM NO. DESCRIPTION
1
MOBILIZATION
2
GRADING
3
INSTALL 6" LIME ROCK BASE
4
ASPHALT PAVING
5
ACRYLIC SURFACE
6
COLOR/TOPCOAT
7
2" COURT LINES/STRIPING
Ace Surfaces
North America Inc. All Pro Surfaces Sport Surfaces LLC
QTY UNIT
UNIT PRICE
UNIT PRICE
UNIT PRICE
1 LS
$831.25
$665.00
$1,500.00
1 SY
$5.34
$4.27
$2.50
1 SY
$7.69
$6.15
$18.50
1 SY
$18.33
$14.66
$25.47
1 SY
$6.00
$7.06
$4.32
1 SY
$6.00
$7.06
$3.24
1 LS
$900.00
$900.00
$1,200.00
TOTAL
$1,774.61
$1,604.20
$2,754.03
QTY UNIT
UNIT PRICE
UNIT PRICE
UNIT PRICE
l LS
$831.25
$665.00
$1,500.00
1 SY
$5.34
$4.27
$2.50
1 SY
$7.69
$6.15
$18.50
1 SY
$18.33
$14.66
$25.47
1 SY
$6.00
$3.2.4
$4.32
1 SY
$6.00
$3.2.4
$3.24
1 LS
$900.00
$900.00
$900.00
TOTAL
$1,774.61
$1,596.56
$2,454.03
02/13/19
A tabulation of the unit pricing is listed above for the three vendors that have submitted a bid. The
information has been provided in this format to easily compare and simplify the bids submitted. At
the completion of staff review an "Intent to Award" letter will be posted that includes a staff analysis
of bid pricing. Please contact the "purchase@ apopka. net" email address with any questions.
Thank you,
City of Apopka
Purchasing Department
02/14/19
As indicated in the bid tabulation posting above, attached is further data concerning the bid pricing
submitted. The costs listed are samples of each park and the Square Yardage that was supplied in the
bid documents. The only court that is being awarded directly for replacement is the Alonzo Williams
Park basketball court. All other courts will be determined at a later date based on the selected vendor
and unit pricing submitted. Please contact the "purchase@apopka.net" email address with any further
questions.
DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
Ace Surfaces
North America Inc. All Pro Surfaces Sport Surfaces LLC
Basket Ball Courts
Alonzo Williams Park - 1 Double Court
$53,806.61
$48,644.20
$67,590.03
NW Recreation Complex - 3 Courts
$104,733.49
$94,857.80
$131,206.02
Tennis Courts
NW Recreation Complex - 4 Courts
$143,183.25
$105,257.00
$177,996.00
DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
Ace Surfaces North America Inc.
BASKETBALL COURTS
Alonzo Williams Park
NW Recreation Complex
All BB Courts
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE
SY Total
SY Total
Total
1 MOBILIZATION
2 GRADING
3 INSTALL 6" LIME ROCK BASE
4 ASPHALT PAVING
5 ACRYLIC SURFACE
6 COLOR/TOPCOAT
7 2" COURT LINES/STRIPING
1
LS
$831.25
1
$831.25
1
$831.25
$1,662.50
1
SY
$5.34
1201
$6,413.34
2334
$12,463.56
$18,876.90
1
SY
$7.69
1201
$9,235.69
2334
$17,948.46
$27,184.15
1
SY
$18.33
1201
$22,014.33
2334
$42,782.22
$64,796.55
1
SY
$6.00
1201
$7,206.00
2334
$14,004.00
$21,210.00
1
SY
$6.00
1201
$7,206.00
2334
$14,004.00
$21,210.00
1
LS
$900.00
1
$900.00
3
$2,700.00
$3,600.00
TOTALS $1,774.61
$53,806.61
$104,733.49
$158,540.10
TENNIS COURTS
NW Recreation Complex
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE
SY TOTAL
1 MOBILIZATION
2 GRADING
3 INSTALL 6" LIME ROCK BASE
4 ASPHALT PAVING
5 ACRYLIC SURFACE
6 COLOR/TOPCOAT
7 2" COURT LINES/STRIPING
I
LS
$831.25
1
$831.25
I
SY
$5.34
3200
$17,088.00
I
SY
$7.69
3200
$24,608.00
I
SY
$18.33
3200
$58,656.00
I
SY
$6.00
3200
$19,200.00
I
SY
$6.00
3200
$19,200.00
I
LS
$900.00
4
$3,600.00
TOTAL $1,774.61
1 $143,183.25
DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
All Pro Surfaces
BASKETBALL COURTS
Alonzo Williams Park
NW Recreation Complex
All BB Courts
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE
SY Total
SY Total
Total
1 MOBILIZATION
2 GRADING
3 INSTALL 6" LIME ROCK BASE
4 ASPHALT PAVING
5 ACRYLIC SURFACE
6 COLOR/TOPCOAT
7 2" COURT LINES/STRIPING
1
LS
$665.00
1
$665.00
1
$665.00
$1,330.00
1
SY
$4.27
1201
$5,128.27
2334
$9,966.18
$15,094.45
1
SY
$6.15
1201
$7,386.15
2334
$14,354.10
$21,740.25
1
SY
$14.66
1201
$17,606.66
2334
$34,216.44
$51,823.10
1
SY
$7.06
1201
$8,479.06
2334
$16,478.04
$24,957.10
1
SY
$7.06
1201
$8,479.06
2334
$16,478.04
$24,957.10
1
LS
$900.00
1
$900.00
3
$2,700.00
$3,600.00
TOTALS $1,604.20
$48,644.20
$94,857.80
$143,502.00
TENNIS COURTS
NW Recreation Complex
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE
SY TOTAL
1 MOBILIZATION
2 GRADING
3 INSTALL 6" LIME ROCK BASE
4 ASPHALT PAVING
5 ACRYLIC SURFACE
6 COLOR/TOPCOAT
7 2" COURT LINES/STRIPING
I
LS
$665.00
1
$665.00
I
SY
$4.27
3200
$13,664.00
I
SY
$6.15
3200
$19,680.00
I
SY
$14.66
3200
$46,912.00
I
SY
$3.24
3200
$10,368.00
I
SY
$3.24
3200
$10,368.00
I
LS
$900.00
4
$3,600.00
TOTAL $1,596.56
$105,257.00
DocuSign Envelope ID: 7DFB676E-99EE-4DAE-9F2A-62ED2EC510D1
Sport Surfaces LLC
BASKETBALL COURTS
Alonzo Williams Park
NW Recreation Complex
All BB Courts
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE
SY Total
SY Total
Total
1 MOBILIZATION
2 GRADING
3 INSTALL 6" LIME ROCK BASE
4 ASPHALT PAVING
5 ACRYLIC SURFACE
6 COLOR/TOPCOAT
7 2" COURT LINES/STRIPING
1
LS
$1,500.00
1
$1,500.00
1
$1,500.00
$3,000.00
1
SY
$2.50
1201
$3,002.50
2334
$5,835.00
$8,837.50
1
SY
$18.50
1201
$22,218.50
2334
$43,179.00
$65,397.50
1
SY
$25.47
1201
$30,589.47
2334
$59,446.98
$90,036.45
1
SY
$4.32
1201
$5,188.32
2334
$10,082.88
$15,271.20
1
SY
$3.24
1201
$3,891.24
2334
$7,562.16
$11,453.40
1
LS
$1,200.00
1
$1,200.00
3
$3,600.00
$4,800.00
TOTALS $2,754.03
$67,590.03
$131,206.02
$198,796.05
TENNIS COURTS
NW Recreation Complex
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE
SY TOTAL
1 MOBILIZATION
2 GRADING
3 INSTALL 6" LIME ROCK BASE
4 ASPHALT PAVING
5 ACRYLIC SURFACE
6 COLOR/TOPCOAT
7 2" COURT LINES/STRIPING
I
LS
$1,500.00
1
$1,500.00
I
SY
$2.50
3200
$8,000.00
I
SY
$18.50
3200
$59,200.00
I
SY
$25.47
3200
$81,504.00
I
SY
$4.32
3200
$13,824.00
I
SY
$3.24
3200
$10,368.00
I
LS
$900.00
4
$3,600.00
TOTAL $2,454.03
$177,996.00