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HomeMy WebLinkAbout2006 Friendship Park Playground Equipment BidCITY OF SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 • FAX (772) 589-5570 June 16, 2006 Ms. Susan Altman President Play It Safe Enterprises, Inc. 15896 Mellen Lane. Jupiter, FL 33478-6630 Dear Ms. Altman: This is to advise that on June 14, 2006 at the Regular City Council Meeting, members of the Sebastian City Council awarded Play It Safe Enterprises, Inc., the Special Needs Playground Equipment Bid in the amount of $33,750.00. Chris McCarthy, Parks Superintendent will be contacting you to coordinate delivery and installation. In the meantime, if you should have any questions, please free to contact Chris at 772-388-4401. Sincerely, r/Jean M. Tarbe`ll Executive Assistant CITY OF SEBASTIAN -, ATrEN•[J,QN-FINANCE DEPARTMENT •y'.:.'i.rit I"'A,-I,,. . �ht;'rgl-,sSe��is,#Ian,iF)orid�,�-23958 Teh;,(772) ¢89;5330. Fax: (772) 6&' PURCHASE ORDER# Fy IMPORTANT PURCHSE ORDER NUMBER MUST APP EAR ON ALL SHIPPING NOTICES, BILLS OF LADING, PACKAGES, PACKING LISTS, INVOICES, FREIGHT BILLS AND CORRESPONDENCE CONCERNING THIS ORDER. TAX EXEMPT #41-04.012831-54C VENDOR: IF PRICES WHICH APPEAR ABOVE ARE NOT CORRECT CALL PURCHASING AGENT AND DELAY FURTHER ACTION PENDING 'INVOIEE'.444- gat -x on 1.1,• 11-' .- c- .• DATE •••REQUIREDMETHOD/TERMS LN DESCRIP11OWPART NO. OTY COST EA. EXT. PRICE -,wing se'll'. nr rlla _ •yn - r, r.; It.-�,:17,a I , 7.r I ,:. ,i?:� gyl�Y re -r� ' ' :.,. F� 1" :I f; h is •"' a s �-.i:>s r ',J•.z:: • ,... I c2 s � •,.� ry � f` 0.9i E '0._lF P'LL TO ASSURE PROMPT PAYMENT FOLLOW -SHIPPING AND BILLING ACCOUNT NUMBER AMOUNT ON ORDER _ PURCHASING AGENT PURCHASING Bid Proposal Price Form Special Needs Playground Equipment The undersigned having become thoroughly familiar with ail of the Bidding Documents inc proposes to perform eve incorporated herein, hereby everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the prices quoted quoted is (are) inclusive of any Addenda which may be issued. �) q d below. The price(s) By the signature below, the Vendor agrees that this Bid Proposal is made without an other understanding, agreement, or connection with any person, corporation, or Finn submitting a bid for the same purpose and that the d proposal, the Vendor bid is in all respects fair and without collusion or fraud. If awarded any work under this bi agrees to enter into said agreement within ten (10) consecutive calendar flays notice b the Ci terns and conditions of all documents stated herein with the City of Sebastian for the below stipul agrees to all the shall remain m for sixty (60) days following bid opening date. plated price which firm PLAYGROUND PRICE SWING SET PRICE RUBBERS FLOORING FOR BOTH UNITS � ,M�v-'� $_ G aas , © O INSTALLATION CHARGES FOR BOTH UNITS no� FREIGHT CHARGES FOR BOTH UNITS$ O S $ TOTAL PRICE —3 0 3 0 • O Q AWARD SHALL BE MADE TO THE BIDDER THAT SUBMITS THE LOWEST LUMP SUM PRICE OR LOWEST ALTER SUM PRICE PROVIDING THAT THE BIDDER 1S BOTH RESPONSIVE AND RESPONSIBLE. NATE LUM NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXC CONSECUTIVE CALENDAR DAYS. EED2�0 Authorized Signature _ Firm Name & Address "-a& -o co Date Signed 1 Printed Name Title Phone Number DRUG-FREE WORKPLACE FORM that The undersigned Contractor, in accordance with Florida da Statute 287.087 hereby certifies does: 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 prohibition. of such 2. Inform employees about the dangers of drug abuse in the workplace, the busines ' cy of maintaining a drug free workplace, any available drug counseling,rehabilitation, 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 are under bid a copy of the statement specified in Paragraph 1. that 4. In the statement specified in Paragraph 1, notify the employees that, as a condition working on the commodities or contractual services that the employee will abide by uthe of terms of the statement and will notify the employer of any conviction of, or lea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance lao the United States or any state, for a violation occurring in the workplace no later than fi e (5) days after such conviction. ve 5. Impose a sanction on, or require the satisfactory or rehabilitation program if such is available inaicipation in a drug abuse assistance e employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. p ough As the person authorized to sign this statement, I certify that this firm complies full with the above requirements. p y Date: ,'S- J & -p( Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or. purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by 'S �"� (name of entity submi ing sw m J statem nt) whose business address is r` applicable) its LO-A� SJ9 � _3 Federal Employer ` 3 Iden� � tification and (if (FEIN) is • O (If the entity has no FEIN, include the Social Security r- Number of the individual signing this sworn statement: 3. My name is J� u 5a, � � (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among person when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls, another person. A person who knowingly enters into a point venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which stateme t applies.) 7 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 19892 AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Date: S Q(A -O(0 STATE OF FLORIDA The foregoing instrument was acknowledged before me this >2�a_ day of 2006 by t1, L� 0, r (title) on behalf of -_�cj, _ (nye of Partnership), a partnership. He/she is personally known to me or has produced as identification an i did not () take an oath. yrs sown Penland ! My CO iswcn DD005706 (� �p Ezpom September 24, 2008 Name: My Commission Expires: S• 4.04 Commission Number: r BIDDER UALIFICATION QUESTIONNAIRE_ Submitted by c. Name of B dder General Contractor's License # -P4A ( ) An Individual ( ) A Partnership A Corporation Federal Identification Principal Office Address: 1S 9 (1) How many years has your organization been in business as a contractor present name? under your (Z) How many years experience in road and utility construction work has our or had as a contractor? Y ganization As a Subcontractor? o -A— (3) List below the requested information concerning projectsour organization completed in the last five Y g tion has 5 () years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Title Amount Completion Date Com letion Date o Name/ weddress/Tel 0-- -a-Q 1 Play It Safe Enterprises Inc. REFERENCES 1.) Highlands County School Board - Service Dates 1998-2006 2120 Tangerine Ave. Sebring, Fl. 33870 Ken Carlisle Phone: 863-471-5644 Fax : 863-471-5650 Project : Various projects at Highlands County Elementary Schools. Scope of Work: Relocate / Furnish & Install Play Structures and surface 2.) Indian River County School Board - Service Dates 2000 - 2006 1990 25t` St. Vero Bch., Fl. 32960 Rick Chuma Phone: 561-564-5050 Fax: 561-564-5048 Project : Various projects at Indian River County Elementary Schools. Scope of Work: Relocate / Furnish & Install Play Structures and surface 3.) Pinnacle Housing Group - Service Dates 1999 - 2006 9400 S. Dadeland Rd. Suite 100 Miami, Fl. 33156 Felix Braverman Phone : 305-854-7100 Fax : 305-859-9858 Project : Various playgrounds through out South Florida. Scope of Work: Furnish, Deliver and Install Play Equipment and Surface 4.) G.L. Homes - Service Dates 2001-2006 1401 University Dr. Suite 200 Coral Springs, FL. 33071 Tracy Ackerman Phone: 954-753-1730 Fax: 954-575-5269 Project: Various playground designs through out South Florida Scope of Work: Furnish, Deliver & Install Play Equipment and Surface 5.) Palm Beach County Parks and Recreation - Service Dates 2001 - 2006 2700 6`" Ave. South Lake Worth, FL. 33461 Dal Major Phone: 561-966-6641 Fax: 561-963-6747 Project: Various playground designs Scope of Work: Furnish, Deliver & Install Play Equipment and Surface (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. 03 (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. a) Q rA (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? 2 (10) How many applications for performance and payment bonds have you made in the last three (3) years? (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5)ears? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) 3 I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafte set forth, and that those examining this document have m permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. (SIGNATURE OF BIDDER) OR PRINT CO PANY NAME) (TYPE OR PR TADDRESS) 4 SERVICES AGREEMENT THIS AGREEMENT made this day of , 2006, b and between tween the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 122 Main Street, Sebastian, Florida, 32958, ("City") and ;Contractor."), set forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence in the sale and installation of handicapped play equipment which erected at the Friendship Park Sebastian, Florida; and as tian, WHEREAS, the Contractor represents that it has such competence and experience in providing these services, and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of Agreement shall extend until the Project is complete. the 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS consist of this Agreement, Supplemental Agreement(s), Specifications, Work Orders, Change Orders ) , Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Intent. The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards ofuali for intent of the this Project. They do not purport to cover all details of performing the Work. Theq Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. (b) Entire and Sole Agreement Except as specifically stated herein, the Agreement Documents l constitute the entire agreement between the parties and supersede all other agreements; representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City by selling and properly installing handicapped play equipment which shall be erected at the Friendship Park, Sebastian, Florida, more specifically described in Exhibit "A", which is attached hereto and incorporated herein by this reference. 4. SPECIFICATIONS AND RELATED DATA. The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Specifications, whether 2 intentionally or otherwise, when the same usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Specifications. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The City will provide full information when errors or omissions are discovered. u 5. COMPENSATION. The City will pay the Contractor the flat amount of $3-37S �- for performance of the Work hereunder. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Project Manager that the Work has been completed in accordance with the terms of the Contract Documents, the Project Manager shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. Also, each request for payment must have a Claimant's Swom Statement of Account, executed by the supplier or subcontractor, attached from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant. 7. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. No extension of time shall be valid unless given in writing by the City. No 3 monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition which may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the review of the Project Manager and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Project Manager who will resolve such questions. All materials and each part or detail of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include shop inspection, and any material furnished under the Specifications is subject to such inspection. The Project Manager and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 4 10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub - Contractors required for services which are necessary as described under Exhibit "A" of this Agreement. All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub - Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the 5 Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed 0 The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents, subcontractors, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants or employees in the performance of services under this contract. 17. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 18. WAIVER.. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder.. 20. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. rA 21. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 22. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of two (2) years from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Specifications may be N. condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out. and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within two (2) years from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): THE CITY OF SEBASTIAN Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: Name: Name: By: Al Minner, City Manager i CONTRACTOR,-,-� PJ 05/26/2006 11:36 5612776070 MIRABILIS HR PAGE 01/01 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 5/26/2200066 MAY PhRTA(N,'i HE INSURAWCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREOATH LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. cm Pau" ON FOLx'Y LNR M+,� THISPROWM COMFI IS MUEO AS A MATTER OF INFORMATION Lighthc"e-Frogr=v, LAC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 301 s. Pine stret suite iso HOL.DER.THIS CERTIFICA-M DOES NOT AMEND, EXTEND OR Orla:tdv. VL 32801 ALTERTHE COIVERME AFFORDED BYTHE POLICIES BELOVA !3 PROMES GW + Sebastian Fh 32989 1 of I INSURERS AFFORDING COVERME MAIC AI LNSMO ~ M- AM4, Inv. Moe MixabiliB r14M=R A: BDA inuura=c Cemp=y MED EXP (Any -ow Mme)„ R46VMR B: _ 0093 SW 12th Street Suite 301 Miami$ rL 33126 p PIiRSONALa AW INJURY ti 01BURER P. INSURER E! THE POLIO IES OF INSURANCE 1-114'ITD BELOW HAV$ WNN 11"U130 TO THE INBLIRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OP ANY CONTRACT OR OT MVR DOCUMENT WITH RESPECT TO WMICH THIS CERTIFICATE MAY BE ISSUED OR MAY PhRTA(N,'i HE INSURAWCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREOATH LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. cm Pau" ON FOLx'Y LNR M+,� Ttle COMFIGN4 "MOM wOAMMTOTHE; WT, BVr FA0.uR&TO 00 00 ea'M MKOR Ito ff �p� y City of Sebastian 1226 Main Street �/�� /yC� /fir FACW NA'�' C& !3 PROMES GW + Sebastian Fh 32989 1 of I V f?�ii ��'IPtiI l iRERTEff- CLAM [BADE El OCCUR MED EXP (Any -ow Mme)„ PIiRSONALa AW INJURY ti tS$k�tA(,Ati�ZR&AARO S GEWL AGGREGATE UNIT APPLIES PER: PRODUCTS _ COMPIOP AGO a POLICY P I= AVIUMMU M ANYAM COMBINED SINGLE MIT` (Ee a mam $ GODILY MURY (Pat 0000) ; ALL GIWNEV AUTO$ SCHEDULER ALIMS _ MRED AUTOS NON•O1l ED AUi+OS GARAGE LI1AWLlf V NJID ONLY -ISA AC=W � MOP EA ACC S °"ri'� AGG s ANY AU fi NUMMSAMI MU.A LL489M EACH ocamdNoa 3 OCCUR CLAIMS LADE AGGREGATE 8 S a cBDUCTMLG JA MMOR1lE3ta00MNSATIONAND WOLTHPB 000080-02 0i/01/2006 01/01/2007 X S El. EACH 110CI0BNT— _-- S •--1,000,000 MWL.CVW UAaQITY AWP ER=CtRt{fE WRCEPAVOWWR EXCLUDED? E.L. DLSEM. EA BVLOiYEE S 1,000,000 a deoabo undo► 0A., o"AW-PO4W LIMIT $ 11000,000 OTHM WKXM= OP OPEMAlfl M I LOCAETf =1 VEMLSa 1 MMLLISnE ADDED LAY MORGOALW I OKMAf. PROMI M Coverage is extended to the leased employees of alternate employer (Florida Operations ONLY): Play -2t -Safe Enterprises, Inc. 06886 (Bffective 1/1/06) DISCLAINERt This Certificate of Insurance does not constitute a contract between the issuing insurer(s), autb*rized :teprsentative or producer, and the certificate holder, riot does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. CIMMIFICATE HOL12ER CANCELLATION ACORD 25 J21WI 08j . V ACORD CORRORATWN 1995 84I01lL.b ANI► OP TILL ABdVE 0@af:RlflL� POLtCLa 9E t/WClctllED BEfOIZE THE E(PTRATION QN'f @ T11�OP.TIfE fSSlatit4 MU=%%L LOIDE WRTO MAIL 30 DAYS W OrM NOM TO Ttle COMFIGN4 "MOM wOAMMTOTHE; WT, BVr FA0.uR&TO 00 00 ea'M MKOR Ito OOLlfN► VU CR LMkJrf OP AW i= UPONIM MURM VM AtiLIIrTM OR City of Sebastian 1226 Main Street rV1904. Sebastian Fh 32989 1 of I ACORD 25 J21WI 08j . V ACORD CORRORATWN 1995 05/26/2006 12:57 5617451820 VIEW QD{�SR EASTON INSURANCE INC. p.O.Box 2025 OVpITBR# PL 33468 tMMED. PLAY IT SAVZ MITMPRISES, INC' 15896 MELLEN LANE EASTON INS PAGE 01 DATE tn[ NMWM :; : �.;.::;�'� :;,••'' ��;,`•�� •��•� f, ;.�.::• • "'.;. ,,..:..•'�" .5 26 2046 ' 51 YI1i8 CEi IF'ECATE IS ISSUED AS A MA, OF IHFORMATI ONLY AND CONFERS NAE OCIES KOT AMEND, JUMD OR HOLDER. THIS CERTIFIG ALTER THE VE OR AFFORQED BY IM POLICIES BEL CQWANY COMPANY 11 COMPANY G COMPANY �•�� •� Elct gL. 33478 1d v�i� / • D ».. ,_:..�..,.1::;::•:•'::;• •,. 1•.°•.. ,.. _ : _ " .1;'•-•� : • :y.;,,.., -h:. r..^' . , , .• ' 1. • . ' ,r,,,•r.•.�y'IC"r:'^fes,-:}, • %»--,.w1,•'c•.I.'c'�+;; � :« ,,.. p., :��+-.• - a C PERIOD •;*tiM'�'i� .�'..-+.,M1 vx..-wr,.. r,`ry+.•N - ..� r 'AVV�` THE POLI FOR - ' ^• '; ":M * 'gip SgF_N ISSUED TOT INSURED NAIUICNTOWITH TO WHICH TMS '.'`,-...,..� �I,{gTED y •- ,': •�"'..: BELOW RES I. T OR OTHER DOCUME IS YO CERTIFY THAT THE PO�ICIES•4F INSURANCE TO ALL THE TERMS. TERRA OR CONDITION OF ANY GONTRAC tilrRE1N t$ SUB THIS TE . E INSURANCI= AFFORDED 13Y THE POLICIES PAfOCRISgp 0 NOTWITFiSTANDINCy ANY REQU4REMfiNT. INDICAT90,OR MAY PERTAIN• � CLAIMS• — HIAI1BPOU 4JIAY BE iS3flEf3 AND CONDITIONS OF 3UC1.1 pOI•ICIEB. I.IRfp to SHOWN MAY � eve P &'=�� ttD�Ta EXCLUSIONS votov Human eib rt" bP INEWPANO oATe ( �� Qirrs n C,HdBRA>w Ap9GATEo VR A PRODUCTS-OMp1OPAaa t+•OA—.oQ 6wumLtW" coir GEFML Loom" R� �rtNA6 Mv N—$ CLAW MADE (i) OCCUR .,.Q-O•Q .Q 02/07%0&02/07107�occ�— s a CONTRACTOR'S PROT $'1, 6 7 b 0 0 7 2'5 9 1 { , p(RE DAMAGE OMono tire) _..---- -- dllVN&ag A SE$ BELOW j MED EXP (Anv ase MV -0n) � COluesttED stitrc+•S UNIT , s sown AtrrOWAMM UAMLM ANY AUTO I oum �p� pownn) ALL oWmr=o AUTOS j SCHEOULW AUTOS 5/31/05 5/31/06 SO LI s a OAUTOS CA042979Z0-S 0 x 9 7 9 5/31/06 5/31/07 $ NON•OW N90 AUTOB PROPERTY DAMAGE AUM ONLY - EA ACCMENT S O'rnERT}IANAUTOONLY: .;, ' '�..'-• ..•- GARIICB UAbAJTY EACH ACCIDENT S AIRY AUTO AOGRf;GATi= $ 4—• EACH OCCURRENCE s X58 t,IABLM AGGREGATE S -�-•- 8 UMBRELLA FORM �1. � �,R •w: r•:1: 1i„1: :.:�•� pRKERTMN l,{D %M.LA FORM T U wOwws cdttad►'►+ Neo SL EACH ACCIDENT $ �--- pouns 4'uReA.nY 1 EI,D{$p/l$E-pOLICYLp�iT $ THS PROPRII:TORr INCL y I OIS'EAN • EA EtulPLOYEE 5 PARTfs�rtK=TN E(GI• t M12FICERS ARE f �.��y;■ � �•����. ♦ r ,• • •” •I•:li•�ii:1••M•jJ,.-• �... ••M: ' •� �q�y.,y • Iwo',.:•;.. ,I .,• . �`P�, 1, .•• . .. �iCll� ►� - "^ . •.I .. .. »I' «•.•':+;f :.:ulyr ..;'. ,a�17�it1��',,,t� ,���,� . ��:� :�-.1»::t ," , •; ;,,; ; ,;i , .• .. w:»» •, • ... .• . • 'SHOULD AMY V THE AR *VC QESCRII A-0 POLKM 8A CANCFILL* BEFQRE CITY OF SEBASTIAN Ex =.AON OAM TKEnOF, M tnum coomAw tall emsavoR TD AWL 1225 MAIN ST 40_ oAvs sNsarM NOTICE To TIM CgKnF=TE NOLK61 NAMED TO TM LEFr, S9BASTIAN, FL 32958 sur r-M.M TD MAIL SUCH M MCE WML IA4ME NO OBL1GAT" OR UI OF ARY KM WA THE ,AMP ATts M MRVR VAX; S61)745-8740 A"TMOP('' -» J�Ca�. • :«,~•i:�i j , +� n y•^•�•ti1 1;Y41. '` ti« s ;l. •,.,�l•e. ;. "yy» ; r r �� .a Bid Proposal Price Form Special Needs Playground Equipment The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein hereby proposes to perform eve y everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. Therice s quoted is (are) inclusive of any Addenda which may be issued. p ( ) By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with an y person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said agreement within ten (I0) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. PLAYGROUND PRICE $ 6) S SYMG SET PRICE RUBBER SAFETYFLOORING FOR BOTH UNITS � �v,.�1C41 $ r�AS 0 � INSTALLATION CHARGES FOR BOTH UNITS � � FREIGHT CHARGES FOR BOTH UNITS $ TOTAL PRICE L • � AWARD SHALL BE MADE TO THE BIDDER THAT SUBMITS THE LOWEST LUMP SUM PRICE OR LOWEST ALTERNATE LUM SUM PRICE PROVIDING THAT THE BIDDER 1S BOTH RESPONSIVE AND RESPONSIBLE. NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED CONSECUTIVE CALENDAR DAYS. Authorized Signature _ � o Firm Name & Address \5 -a(9 . a ('0 Date Signed Vk v Printed Name Title S� CI'S - 1� C/ C/ L/ Phone Number DRUG-FREE WORKPLACE FORM that The undersigned. Contractor, in accordance with Florida Statute 287.087 hereby certifies does: 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' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, 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 Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that 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 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. �- J b Date: c�Co __.J c Signature PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(0, Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or. purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. WORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by A' ^ - 3. My name is _. ScL- ,n , � , �,,a (please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. (name of entity subnulting sw m statement) - whose business address is I u LO-A,,I-TJ A . - �.i 3 3 (l 7 and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is _. ScL- ,n , � , �,,a (please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls - another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which stateme t applies.) 7 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) STATE OF FLORIDA Sal (Signature) Date: S Q U - C) 6i BIDDER QUALIFICATION QUESTIONNAIRE Submitted byt, �Y ��� t- c-� Name of General Contractor's License # ( ) An Individual ( ) A Partnership A Corporation Federal Identification 0q pq Principal Office Address: (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in road and utility construction work has your organization had as a contractor? N) I A As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Date of Owner -- �L- GL.-�Vvfi, Q & } 1 (4) Have you ever failed to complete any work awarded to you? If so, where and why? co (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. �o (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (Ca) 1 (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? tj, I K (10) How many applications for performance and payment bonds have you made in the last three (3) years?- 1 (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) �-) I VA (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) J I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. k3lkjlNA ! UKL ur BIL)I)ER) �1-IP.rf1C.�0 S� OR PRINT COMPANY NAME) OR PRINT ADDRESS) 4 L SERVICES AGREEMENT THIS AGREEMENT made this day of , 2006, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 12N Main Street, Sebastian, Florida, 32958, ("City") Ci") and JK "Contractor."), set forth that WHEREAS, he City desires to engage a Contractor who has special and unique competence in the sale and installation of handicapped play equipment which erected at the Friendship Park, Sebastian, Florida; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows_ 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 2. AGREEMENT DOC MENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Specifications, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Intent. The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. (b) Entire and Sole Agreement Except as specifically stated herein, the Agreement Documents 1 constitute the entire agreement between the parties and supersede all other agreements; representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) Construing Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City by selling and properly installing handicapped play equipment which shall be erected at the Friendship Park, Sebastian, Florida, more specifically described in Exhibit "A", which is attached hereto and incorporated herein by this reference. 4. SPECIFICATIONS AND RELATED DATA. The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Specifications, whether K intentionally or otherwise, when the same usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Specifications. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The City will provide full information when errors or omissions are discovered. SD 5. COMPENSATION. The City will pay the Contractor the flat amount of $3-37S70- for performance of the Work hereunder. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Project Manager that the Work has been completed in accordance with the terms of the Contract Documents, the Project Manager shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. Also, each request for payment must have a Claimants Sworn Statement of Account, executed by the supplier or subcontractor, attached from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant. 7. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. No extension of time shall be valid unless given in writing by the City. No 3 monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition which may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 8. TERMINATION_ OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the review of the Project Manager and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Project Manager who will resolve such questions. All materials and each part or detail of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include shop inspection, and any material furnished under the Specifications is subject to such inspection. The Project Manager and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 4 10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub - Contractors required for services which are necessary as described under Exhibit "A" of this Agreement. All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub - Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the 0 Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed C The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents, subcontractors, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants or employees in the performance of services under this contract. 17. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 18. WAIVER.. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder.. 20. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 6 21. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance' with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 22. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of two (2) years from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Specifications may be H. condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out. and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within two (2) years from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST (SEAL): Sally A. Maio, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: Name: Name: THE CITY OF SEBASTIAN By: Al Minner, City Manager CONTRACTOR• By: v� Name: Title:_ 2,V -o t- 0 05/26/2006 11:36 5612776070 MIRABILIS HR PAGE 01/01 ACORDCERTIFICATE OF LIABILITY INSURANCE AC'rI FIM °05/26/" ► FrAWKIM Lighthouge-Progr=11, 361 s. Pine Stret suite iso THis CWFICATE 0 ISSUED AS A MATTER OF WORWTION ONLY AND CONFERS NO RICKS UPS+! THE CERT IFICATE HOLOMTHIS CEnFICAlt DOES NM AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POKES ISE OVK TM COMMAN HQWGR YAUU70TRWr, BUr rwPAM10 00 09 V"16 AVOW NO ORLMO M OA uAelM OP ANY K= UPWrA EMMURM IT8 409M OR GrIM40, FL 32801 D=FtERS AFFOROM COVERAGE NAIL # ARR, xnc. 4te Mixabili8 8095 NN 12th atrect INSUIM neem sura=C r w RSR B: MOUREN Q suite 301 Ntissstti, PL 33L26 WSURER V. CWERA5ES THE POLICIES OF MURANCE LIB W BELCP#V MAV$ BON I$St WTOTHE INMMW A$1Y REgU1RE1dIENT, TERM OR CMMON GF ANY COWRACT OR arMER DL MAY RhVm, T"E MLWA ICE AFPORDD BY THE POLICIES DESCRIBED HEREIN POLICIES. AGGREGATE LFAITS SHOM MAY HAVE BEEN REDUCED BY PAID 14AMM ABOVE FORTHE POLICY PERIOD IId3ICA7ED. NOTyVtTWSTAI+I0IN0 GuMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH CLAIMS- O QAT roj3MW.TNE OM 90R WILLlR0O15MAIIL3DGANvRITMNbCT TM COMMAN HQWGR YAUU70TRWr, BUr rwPAM10 00 09 V"16 AVOW NO ORLMO M OA uAelM OP ANY K= UPWrA EMMURM IT8 409M OR City of Sebastian Ate► pRU RAft-KrATIVra 2230 Main street Sebastian Pb 22958 va$c s of 1 �oaf CLAW'S MADE 0 OOCUR EA04 OCCURRENCE $ -• .. PERSONAL AADNIMAM a MEML A9*F4WR PRODUCTS - COM PLOP AGG S OWL AGGRSGUE LAuHT APPLES PERI» POUCY L,00 AMMOMI LMALITY ANY AM f AgWa tq} LUMR S All 0WOMD AUMS SCHEMAMAUMS ROM HV IURY XPbt ) am ; HIRED AUTOS,12 NONAWN= ALR+OS � }QRhM60 S - - --- EARA IiAB[ilf Y -- - _ AM QKY - OAH EA AOC $ RGG $ ANY AUTO ��yry EACH E� $ MGREOAM S OCCUR FiCAWS MAN S MWOMS A R f pp AM aftm s ILUMMfns NOLTHPB 000080-02 01/01/2006 01/01/2007 � x s °�- EL: GUICH ACCIDENT � 1,000,000 ANY P E.L. WEAN - EA EMPLOYEE $ 1,000,000 j- DMAW - y��r S 1, 000, 000 ti dosvibo =g ORS �'LIOp OP OPBilIR101®tLOP.A1i01�1Ei tV69CiF8 t OiCtll810NA AODE[18Y � / 8s"OCW. PRl�8�9 Coverage is extended to the leased employees of alternate employer (Florida Operations ONLY): play -it -safe Enterprises, Inc. 06884 (Bffective 1/1/06) DISCLAINER: This Certificate of Insurance does not constitute a contract between the iasuing ineurer(s), mutborized representative or producer, and the GBrtificate holder, nor dGes it 0£CizT=tjvely or negatively amend, extend or alter the coverage afforded by the policies listed thereon. w�,� , r �w �i r • �w�.� /y -_y -y_ �_ —�yy /y__�_�r_�_ �y� y,1�/y��y yy � y, ��� /.� �/,,��,y� O QAT roj3MW.TNE OM 90R WILLlR0O15MAIIL3DGANvRITMNbCT TM COMMAN HQWGR YAUU70TRWr, BUr rwPAM10 00 09 V"16 AVOW NO ORLMO M OA uAelM OP ANY K= UPWrA EMMURM IT8 409M OR City of Sebastian Ate► pRU RAft-KrATIVra 2230 Main street Sebastian Pb 22958 va$c s of 1 ACORD 25 (ZTMM W MAMM Fvr 4wv 05/26/2006 12:57 5617451820 A COMv- EASTON INSURANCE INC. ?.O.Bol 2026 JUpZT$R, FIS 33468 PLAY IT 81 PSTERplassss INC - 5 a a r. MELLEN LAM EASTON INS PAGE 01 OAR(MWMny) 26 it's T'ON I A UPoN OF I'NFORMA-mIS CV.RIIFtr.ATF-IS ISSUED 0 T14F. CF.RTIFICATE ONLY AM CONFERS M) R'G"T% OT AbMIIID, -EYTEIND OR 'R' THIS CERlnp=TF- WES $1 -ME W�Il op -Low. 140LI* --- --cmil ALFFC*M0 By r,OMPANY A COMPANY OOMPANY c COMPANY J6 33478 JUPITER FL FOR -ME POUCY PERI INSURE NAIED ABOVE fj-j�LOW HAVIE UED TOT DOCWF BEEN Iss, wm NT *TM RofF.CTT0 WHICH THIS 'T THF- POLICIES bF MUR010E Cot4C)MoN OF ANY CO CT OR OTMeR smv.CT To ALL THE Toom, IS -ro CERTIFY THAT WENT. TF -RM OR �OUCIES E)SSCMBF-D IS THI OTWITMSTANUM ANY AEQUIRS RIDED 13Y THE 9 , -IIIIIIIIIIIIIIIIIIIIII— -------- RTpjN.,THE INSURANCE AFP0 � CLAIM INDICATE. N tAAy OE raUED oR mAy ps WW MAY HAVE BEEN REDUCED By PAIS CERTIFICATE NS OF 9UCH POYC'Ea- UhM'r6 SHOD PoLcyotmwa p"my QXFTRA"M umfm EXCLUSIONS AND C DITIO s OM Go roe op w5up"a GeNgiAt. AIVM LTR PRODUCTS - coliOG L & ADV WURY S COMMERCIAL GENERAL L11480N C14 CLAIMS MADE R OCCUR 02/07/06 102/07/01 6A OCC OWI,,an & CDWTRACTCM PROT B1671DO07259 s— FIRE - wy ons we) S3113 BELOW MED EW (An -Y -T2 person) i Commmso SNI LIMIT is 50,QQ-Q— AUTCVZWtX UAWLM r *UURY s ANY AUM P pmw) &L OWKD AUTOS INJURY SIGO AUTOS 5/31/05 5/33'/06 HWEG AUTOS CA04297920-4 5/31/06 5/31/0-7 NON-owmm AUTOS rA042979205 PROPEXY OWGrr' $ .AUTO )NLY - EA ACCIDENT 0,1 TitAN AUTO ONLY: GARAGE UAVAJV EACH ACCIDENT .................. ANY AUTORECIITE EACH OCCURReNce AGGPEGATE, UMSPLUA FORM OTHER TH R TKW UMpAni.A FORM ELEACHVjCpja" CogpEWATION AND 4- g~fM UAGILrry EL t)MgASE - POL No $ 1 y -L,;;; s THIj PROPRISTOP EA Pi INCL PARTHER51EXECUTNE n#FICERS ARE . ffms • • J�=Lq AIV a' M AR*VC DWCRIV & ptOLX= PA CANCELLM BWORI M aXpMA.jJON VATr TKERL ;OF, TKE IMNS COWANy WU ENo"VOR Ta 011L CITY OF SEBASTIAN WS WRnnN NCTMr: -W Ta CqxrmATE HOLDER NAMED TO M LEF1f- 1225 MAIN ST JW r-ArLIM TO WWL SUCN NOTES HKPA I IMPM NO 03LOAT" OR uAlow" SUBASTIAN, FL 32958 OF AW Km nm !.Qjsfm, FAUMT W W R - PAX; 561)745-8740 je jq% -c AcCiAD 27'-5" Friendship Park Sebastian, Florida 379-499 Double Slide (SLD -013) Pipe Panel Motion Ploy (PAN—K007) Arched Climber (CLIA -003) ADA Sotety{ EPDM Pour In Pioce Step & Stairs Rubber Surfacing (CLM-010) I i P ji� wove Slide 43 51 1; (SLD—GO07) 35 a.a.rbna Elbow Slide Pornmel Climber (SLD—KOOt) (CLM-031) Arched Chain Climber \ (CLM-005) P4 0 1s Double Arch Root (ROOF -010-2) P+ 10 Ft. Colors: Posts— _ _ _ Green Decks— Green Roofs---- Blue w/Yellow Slides -----Red Panels---- Yellow Climbers ---Blue Structure (25'-49'x15-691) Fall Zone (37'-4"x27'-6") Max. Fall Height (51") Fall Zone (Surface Area) 935 Sq. Ft. As Shown For Ages 2-12 Capacity 28 Children 20 Ft. 11 Friendship Park Mulch Fall Zone Sebastian, Florida Plastic Borders-- NOTES: 1.) Rubber Surface to butt to existing sidewalk. 2.) 12" Plastic Borders to have 6" reveal. 3. Taper where mulch to Rubber Surface. 5 Ft 10 Ft. Union Land PROJECT: Friendship Pork Sebastian, Florida DATE: 05-23-06 SCALE: 1 /8"=1' DRAWN BY: RA Ploy It Safe Enterprises Ph: (561) 745-9444 fox: (561) 745-8740 Email: ptoyitsfObetlsouth.net qn Ft 0 s M9 SL8ASU%N tax HOME Of MOAN ML§PxD CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Award Bid to Play It Safe Agenda No. I CM Enterprises to install Special Needs Playground at Friendship Park Department Origin: ( `yt 1�Cg Finance Director:%_ App r Submittal by: City Manager City Attorney: rz�;l City Clerk: Date Submitted: June 6, 2006 tlyliinner For Agenda of. June 14, 2006 Exhibits: Bid Tabulation Sheet, References List and Drawings EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION $33,750.00 $70,000.00 REQUIRED: None SUMMARY In the FY — 05 — 06 budget $70,000.00 is allocated for special needs equipment to be installed at Friendship Park. Staff went through the formal bid procedure to obtain prices for installation of this equipment. We received three bids for the project and Play It Safe Enterprises of Jupiter, Florida was the low bidder. Play It Safe Enterprises met the requirements in the bid specifications. Staff recommends to award bid to Play It Safe Enterprises for $33,750.00. RECOMMENDED ACTION Move to award bid for installation of a Special Needs Playground at Friendship Park to Play It Safe Enterprises in Jupiter, Florida for $33,750.00 Bid Tabulation Special Needs Playground Bid Opening 6-2-06 2:00 PM Lump Sum Price Southern Park and Play Systems No Bid Play it Safe Enterprises Inc $ 33,750.00 Playspace Services/ARC $ 48,632.85 Playmore West Inc $ 55,570.00 Play It Safe Enterprises Inc. REFERENCES 1.) Highlands County School Board - Service Dates 1998-2006 2120 Tangerine Ave. Sebring, Fl. 33870 Ken Carlisle Phone: 863-471-5644 Fax : 863-471-5650 Project : Various projects at Highlands County Elementary Schools. Scope of Work: Relocate / Furnish & Install Play Structures and surface 2.) Indian River County School Board - Service Dates 2000 - 2006 1990 25`h St. Vero Bch., Fl. 32960 Rick Chuma Phone: 561-564-5050 Fax: 561-564-5048 Project: Various projects at Indian River County Elementary Schools. Scope of Work: Relocate / Furnish & Install Play Structures and surface 3.) Pinnacle Housing Group - Service Dates 1999 - 2006 9400 S. Dadeland Rd. Suite 100 Miami, Fl. 33156 Felix Braverman Phone: 305-854-7100 Fax : 305-859-9858 Project: Various playgrounds through out South Florida Scope of Work : Furnish, Deliver and Install Play Equipment and Surface 4.) G.L. Homes - Service Dates 2001-2006 1401 University Dr. Suite 200 Coral Springs, FL. 33071 Tracy Ackerman Phone: 954-753-1730 Fax: 954-575-5269 Project: Various playground designs through out South Florida Scope of Work: Furnish, Deliver & Install Play Equipment and Surface 5.) Palm Beach County Parks and Recreation - Service Dates 2001 - 2006 2700 6`h Ave. South Lake Worth, FL. 33461 Dal Major Phone: 561-966-6641 Fax: 561-963-6747 Project: Various playground designs Scope of Work: Furnish, Deliver & Install Play Equipment and Surface