HomeMy WebLinkAbout2011 Advanced Rec Concepts LLC - PavilionGly OF
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CERTIFICATE OF PROJECT COMPLETION
Date Accepted:
Project Name & M
Total Project Expenditures:
Project Location:
C1122 — SCHUMANN PARK PAVILLION
$28,720.71
SCHUMANN PARK
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility except as
stipulated in the contract as is relates to bond performance, payment of subcontractors, release or
liens, maintenance and indemnity. All contractual obligations as to warranty, insurance,
indemnification and patents, shall remain in full effect for the contractually stipulated period of
time. In no way does the issuing of this certificate release the Contractor from all legal
obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept
the segment as being complete.
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CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT made this 7 th day of June , 2011, by and between the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street,
Sebastian, Florida 32958 ( "City ") and Advanced Recreational Concepts, LLC, 3125 Skyway Circle,
Melbourne. FL 32934 (Contractor "), sets forth that:
WHEREAS, The City desires to engage a Contractor who has special and unique
competence in order to complete the Project; 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 provide the Contractor with one hundred and twenty (120)
days to substantially complete the project after the Notice to Process is issued. Failure to
complete the project within these time parameters will result in liquidated damages, as
provided in paragraph 25 this Agreement.
2. AGREEMENT DOCUMENTS. The Agreement Documents (also called Contract
Documents) consist of this Agreement, Supplemental Agreement(s), Bid Proposal Price
Form, Instructions to Bidders, the Design Specifications, Contractor Qualification
Questionnaire, Attachments, Work Orders, Change Orders, Addenda if any, any other
documents listed in the Agreement Documents, written modifications issued after execution
of this Agreement if any, shall be incorporated herein and are to be construed as part of this
Agreement.
a. Intent. The Agreement and Design Specifications are an integrated part of the
Contract Documents and as such will not stand alone if used independently. The
Design Specifications are established to provide detail and design specifications for
the Project. The intent of the Agreement Documents is to set forth requirements of
performance. It is also intended to include all labor and supervision, materials and
supplies, equipment and tools, and transportation necessary for the proper execution
of the Work, 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 inferring from them as being necessary to produce the
intended results.
b. Entire and Sole Agreement. Except as specifically stated herein, the Agreement
Documents 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.
e. Federal and State Funding. If applicable, Contractor agrees to follow and provide all
such required documentation as provided in the Contract Documents.
3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the
Contractor and the Contractor hereby agrees to perform the construction services in
accordance with the Agreement Documents.
4. DESIGN SPECIFICATIONS AND RELATED DATA. The intent of the Design
Specifications and other Agreement Documents is that the Contractor furnishes all labor,
supplies and materials, tools and 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 Agreement Documents and all incidental work considered
necessary to complete the Work and /or operation in a manner acceptable to the City.
Any discrepancies found between the Design Specifications and site conditions, or any
errors or omissions in the Design 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 of errors or omissions in the Design 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 Design Specifications,
whether intentionally or otherwise, when the same are 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
performed and completed the same as if called for by the Agreement Documents. All work,
equipment, tools, supplies and material usual and necessary to make the Work complete in
all its parts, whether or not they are indicated or mentioned in the Design Specifications,
shall be furnished and executed the same as if they were called for by the same. The
Contractor will not be allowed to take advantage of any errors or omissions in the Design
Specifications. The City will provide full information when errors or omissions are
discovered.
In any conflict between the general terms of this Agreement, and the Design
Specifications, the provisions of the latter shall prevail.
5. COMPENSATION. Payment shall be made in accordance with the prices set forth in the
attached "Bid Proposal Price Form ", consisting of the Contractor's specified prices. At
time of billing, the Contractor shall submit an invoice with the supporting documents that all
work is complete and accepted by the City and that payment shall be made within thirty (30)
days of receipt.
a. 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 a 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.
b. Unit Price. The City reserves the right to increase or decrease the unit amounts at any
time. The Unit Price on the Bid Sheet is a fixed rate. The total cost represents
estimated quantities to complete the Work. If the City increases or reduces the Work,
the payments to the Contractor shall likewise be increased or reduced in appropriate
amounts based on the Unit Price.
6. 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 workmanship, means, methods, techniques, 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, supplies, equipment, tools, transportation, 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 must have proof of
ownership, or a signed lease for the duration of the Contract for equipment and tools suitable
and necessary for meeting the Work requirements of this Contract. The Contractor shall
keep on hand a sufficient supply of back -up equipment to ensure the timely and continue
fulfillment of this Agreement.
Unless otherwise provide 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 and permits necessary to perform the Work
required under the Contract Documents.
The Contractor shall arrange to minimize the obstruction of streets and right -of -ways
areas, and keep streets, sidewalks and driveways open for traffic whenever possible.
The Contractor shall block portions of streets, sidewalks and driveways only when
required by local authorities and ordinances and when deemed necessary to protect persons
and property.
The Contractor shall secure all permits and licenses required by law and ordinances, pay
all charges and fees, and give all notices necessary regarding the temporary obstruction of
streets, sidewalks and driveways.
7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel
and sub - Contractors required for services which are necessary to complete the Work
described in this Agreement. All services under 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.
The Contractor shall at all times be responsible for the conduct and discipline of his
employees and /or any sub - Contractor or persons employed by sub - Contractors. All
personnel shall, at all times, present a neat appearance, and all Work shall be performed and
all complaints handled effectively and efficiently with due regard to City public relations.
The City and the Contractor shall be immediately notified by each other of any complaints
received.
8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be
suspended or terminated by the City with or 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 (30)
days, the Contractor shall be compensated for services rendered up to the time of such
termination.
9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by
the Contractor shall be subject to the review, inspection and acceptance of the Project
Manager and City. Any and all technical questions which may arise as to the quality,
completeness and acceptability of work performed, or work to be performed, interpretation of
Design Specifications and all technical questions as to the acceptable fulfillment of the
Contract on the part of the Contractor shall be referred to the City Manager who will resolve
such questions.
All Work shall be subject at all times to inspection and review by the Project Manager
and the City. In addition, the inspection and review may also include and apply to the tools
and equipment used by the Contractor for the performance of Work.
Upon request or on his/her own initiative, the Project Manager will accompany the
Contractor to work areas to further clarify requirements. All Work described in this
Agreement shall be performed at the request of the City. The Contractor shall also provide
detailed weekly schedules as required by the Design Specifications.
The City shall not be responsible for the acts or omissions of the Contractor.
10. PROJECT SCHEDULES. The Contractor shall perform the services required by this
Agreement in a timely manner consistent with the assignment schedules as mutually agreed
upon by the City and the Contractor.
A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the
Contractor to an extension 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 Manger 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 documented.
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
that 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 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.
11. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall exercise precaution
at all times for the protection of persons and property. The Contractor shall strictly comply
with all safety provisions of all applicable laws and ordinances and 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. The Contract requires that the Contractor and
any and all sub - Contractors 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 Contractor or
any and all sub - Contractors.
The Contractor agrees that it is his responsibility that all personnel working on or in
proximity of the roadway shall comply with and wear protective gear as described in the
Manual on Uniform Traffic Control Devices (MUTCD), International Municipal Signal
Association (IMSA) work zone traffic control safety requirements and other approved
standards.
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 tools 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 sub - Contractors; and other property on the project site or adjacent
thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities.
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,
Contractor shall notify the Project Manager and City of the emergency as soon as practicable,
but Contractor shall not wait for instruction before proceeding to properly protect both life
and property.
The City has the right to order the Contractor to discontinue hazardous work practices
upon verbal or written notice. It is required that the Contractor keep and maintain all the
necessary protective devices in place and in proper condition at all times where Work is
being performed to prevent injury to persons or damage to public or private property.
The Contractor shall be held fully responsible for such safety and protection until the end
of the Term and /or termination of this Contract.
12. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation
of waste materials or rubbish caused by Contractor's employees or work. The Contractor
shall remove all debris and surplus materials as a result of his work activities and shall leave
the work areas clean and shall insure that all debris and other unsightly objects are removed
and disposed of in a satisfactory manner. It is the Contractor's responsibility to remove all
such surplus materials and debris from streets, driveways and sidewalks as work progresses
in order that the public will have adequate use of the affected streets, sidewalks and
driveways.
The Work will be considered complete only after all debris and surplus 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.
13. REPORTING DAMAGE. Any vandalism, storm damage or damage by the Contractor, sub -
Contractor or suppliers to the area or trees, bushes, culvert pipes, storm water swale lines,
street signs, end walls, walks, utilities or City property shall be reported to the City
immediately by the Contractor. Damage to City property for which the Contractor is
responsible will either be repaired by the Contractor or repaired by the City and deducted
from the monthly sum due to the Contractor.
14. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in
this Agreement and shall not transfer any interest in the same without the prior written
consent of the City. Any sub - Contractors 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 must be
specifically approved by the City Manager.
15. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby
indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials,
representatives and employees against any and all liability, loss, cost, damages, expenses,
claim or actions, or whatever type, including but not limited to attorney's fees and suit costs,
for trial and appeal which the City of Sebastian, its officers, officials, agents, official
representatives or employees or any other person(s) or business entity(ies) who may hereafter
sustain, incur or be required to pay, arising wholly or in part due to any act or omission of
Contractor, its agent(s), vendors, sub - Contractor(s), representatives, servants, or employees
in the execution, performance or nonperformance or failure to adequately perform
Contractor' s obligations pursuant to this contract.
16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no
members of its governing body, and no other public official of the governing body of the
locality or localities in which services for the facilities are situated or carried out, who
exercises any functions or responsibilities in the review or approval of the undertaking or
carrying out of the services in this Agreement, shall participate in any decision relating to this
Agreement which affects his personal interest, or have any personal or pecuniary interest,
direct or indirect, in this Agreement or the proceeds thereof.
17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no
Federal appropriate funds have been paid or will be paid by or on behalf of the Contractor to
any person for influencing or attempting to influence any officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or any employee of a
member of Congress in connection with the awarding of any Federal contract, the making of
any Federal Grant, the making of any Federal loan, the entering into of any cooperative
agreement and the extension, continuation, renewal, amendment or modification of any
Federal contract, Grant, loan or cooperative agreement.
If any funds other than Federal appropriated funds have been paid by the Contractor to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a member of Congress, an officer or employee of Congress or an employee of a
member of Congress in connection with any FDOT Joint Participation Agreement, the
undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report
Lobbying" in accordance with its instructions.
18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and
shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree
with the performance of services required to be performed under this Agreement. The
Contractor further covenants that in the performance of this Agreement, no person having
any such interest shall be employed. The Contractor shall not undertake any professional
work which conflicts with his duties as the City's Contractor without the prior written
consent of the City during the term of this Agreement. Any work the Contractor can
reasonably anticipate that it may be called to testify as a witness against the City in any
litigation or administrative proceeding will constitute a conflict of interest under this
Agreement.
19. 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.
20. 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.
21. PUBLIC ENTITY CRIME. The Contractor shall file a sworn statement with the City which
is attached hereto, stating whether a person or affiliate as defined in Section 287.133 (1),
Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in
accordance with the provisions of section 287.133 of the Florida Statutes.
22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bona fide employee working
solely for the Contractor to solicit or secure this Agreement and that he has not paid or
agreed to pay any person, company, corporation, individual or firm, other than a bona fide
employee working solely for the Contractor any fee, commission, percentage, gift or any
other consideration contingent upon resulting from the award or making of this Agreement.
For the breach or violation of this paragraph, the City shall have the right to terminate the
Agreement without liability and, at its discretion, deduct from the Agreement price, or
otherwise recover, the full amount of such fee, commission, percentage, gift or consideration.
23. GUARANTEE. The Contractor shall warrant all equipment and tools furnished by him to
perform the Work are in safe and proper operating condition and free of defects. Such
guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims
or breach of contract due to substandard Work or workmanship.
Any Work which does not satisfactorily meet the Technical Specifications whether the
result of poor workmanship, use of defective tools and equipment, damaged through
carelessness or from other cause shall be corrected within ten (10) days after written notice is
given by the City. 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 correct
rejected work promptly, the City shall impose Liquidated Damages.
24. NON - PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the
services to be performed under this Agreement, it is essential that the Work be completed in
a timely manner in accordance with the schedules approved by the City. Non-
performance /deficiencies as identified by the City to the Contractor shall be addressed in the
following manner:
If the City identifies any Work Unit or portion thereof as service deficient, the City shall
notify the Contractor verbally or in writing as time permits. The Contractor shall be required
to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to
the satisfaction of the City within the time frame provided, the City may have the work
performed by either its internal personnel or a third party and charge the cost against
payments due the Contractor. Repeated deficiencies may result in the termination of this
Agreement.
25. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with
the Agreement, the City shall hold all the payments request for deficient Work. The City will
not pay the Contractor for unsatisfactory performance. If the City determines it is necessary
to accomplish the work with it own resources or hire a third party to perform work that was
neglected or done poorly by the primary Contractor, the City may charge back or deduct
incurred costs from monies due to the primary Contractor.
The Contractor acknowledges that due to the nature of the Work under this Agreement,
time is of the essence. The Contractor also acknowledges the difficulties involved in proving
the actual losses suffered by the City should the scheduled work not be completed on time.
Accordingly, the City may impose liquidated damages for deficiencies and delays of one
hundred dollars ($100) per day for each day that the project remain incomplete after the
scheduled completion date provided in Paragraph 1.
26. DRUG -FREE WORKPLACE. The contract documents also consist of the "Drug -Free
Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed.
27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida
and venue for any action pursuant to 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.
28. 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 to protect the Work paid for by the City but not yet accepted. 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.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the
day and year first above written.
ATTEST (SEAL): T I TY OF SEBASTIAN
Sally A. Maio
City Clerk
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Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, Cif Attorney
Signed, sealed and delivered
In the pr ence of:
.
N. e: Ate`%
Print Name:
Name:
Print Name: To, 0) a 4 ELI 61- a r
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C. Manager
CONTRACTOR
By:
Name:
Title:
BID PROPOSAL PRICE FORM
The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated
herein, hereby proposes to perform 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. The price(s) quoted is (are) inclusive of any Addenda which may be issued.
By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or
connection with any 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 (10) 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.
28 FT. AEXAGON PAVILION PRICE
INSTALLATIONCONCRETE PAD PRICE
INSTALLATION OF PAVILION PRICE
STAMPED ENGINEERED DRAWINGS PRICE
TOTAL BID PRICE
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CERTIFICATE OF LIABILITY INSURANCE
PRODUCCR
Jack Fields Agency
10 E Monument St.
Kissimmee, FL 34741
(407)870 -5534 (407)870 -9491 FAX
I DATE$MIRDO/VVY1q
03/10/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF NFOREMATIOK
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW
INSURERS AFFORDING COVERAGE
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INSURED
Play /Space Services Inc
Advanced Recreational Concepts, LLC
3125 Skyway Ckcle
Melbourne, Ft. 32934
muse; A: Great American E i S Ins. Co.
16891
INSURER IL
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COVERAGES
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MUMS OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMEDABDLE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICM THIS CERTIFICATE MAY SE ISSUED OR MAY
THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED SY PAID CLAIIM[S�..
TIME OF INSURANCE
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INORIUMIS ELIPI.OYER'Y
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of Setasdam is Mani as addidonat Insured.
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City of Sebastian
1225 Main Street
Sebastian, FL 32958
SNOWS ANY OP 721E AROSE DEIOSIRED POLICIES SE CANCELLED IMPOSE THE MARAUD*
DAME THEREOF. THE ISSDINR INSURER NELL ENDEAVOR TO MAO. 30 DAYSINEITTED
NOTICE 70 THE CERTIFICATE MOLDER MANED TO THE 1E11, RUT FAILURE TODD SO SHALL
IMPOSE NO 011►IIGIIITI011 OR LUALILITY OF ANY RIND UPON 1HE MSURES ITS ASEMTS. CIA
REPUESER7ATNES.
AUSNORMES REPRESENTATIVE
John A Fields
ACORD 25 01011016
O ACORO CORPORATION 1985
4W•
CERTIFICATE OF LIABILITY INSURANCE
OP ID: CJ
I DATE RMMJDOJYYYY)
0311011
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NNSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy/Ws) must be endorsed. If SUBROGATION 15 WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement/a).
PRODUCER
Brown i Brown of Florida, Inc.
2800 Lake Lucien Dr. 55.330
Maitland, FL 32751 -7234
Scott Ohrnstde, CPCU, CIC
IASURRED
Play/Space Services, Inc.
DBA Rainbow Turf Products
Advanced Recreational
Concepts, LLC
3125 Skyway Circle
407460 4202
407460 -2012
CONTACT
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THIS
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NOTWITHSTANDING ANY REQUIREMENT,
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AND CONDITIONS OF SUCH
OF
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DESCRIPTION OF OPERATIONS 1 LOCATIONS! VEHICLES ',wooly ACORD 111. Addlioneflowarlla S WOW* 1 Wren. aee le rapuMad)
Project: Pavilion for East Riverview Park
CFE:TapIC AT= ►2AI nce,
C ITYO02
City of Sebastian
1225 Main Street
Sebastian, FL 32958
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
M.+ }zi.!
AC O.RD 25 (2009/09)
Q1908-2109 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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TITLE: General Notes
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L TCHFIE Litchfield Landscape Elements, Inc.
omen
Limited Warranty
1. Litchfield Landscape Elements, Inc. warrants that its structure will
be free from defects in materials and workmanship, as well as
maintain structural integrity for o period of 10 years from the date of
invoice with the following terms and conditions.
2. Litchfield Landscape Elements, Inc. gives a 2 year limited
warranty on All- Steel, Recycled Plastic and Wood Site Furnishings
from the date of invoice with the following terms and conditions.
3. Litchfield Landscape Elements, Inc. gives a 1 year limited
warranty on Survivor Series Me Furnishings from the date of invoice
with the following temps and conditions
4. This warranty is in effect only if the structure/ site furnishing has
been assembled and installed strictly in accordance with the set -up
instructions, good construction practices and has been subjected
only to normal use and exposure.
5. Abnormal conditions are specifically excluded from coverage
under this warranty.
6. Contingent liability is specifically excluded. Litchfield Landscape
Elements, Inc. has the option to repair or replace any defect in
materiels.
7. The owner shall notify Litchfield Landscape Elements, Inc. to
arrange for an inspection within 30 days after discovery of any
defect under this warranty, and before any alteration or repair is
mode or attempted. This limited warranty shag be null and void if
the owner makes any alterations in design.
8. Litchfield Landscape Elements, inc. is in no way responsible for
damages caused by others, including: installer, vandalism, fire, acts
of God (lightning, storms, hail, etc.), corrosion, salt spray, pollution,
or infestation by rodents or other vermin.
9. Litchfield Landscape Elements, Inc. shall not be responsible for
insurance standards or code compliance changes that may be
required in the future.
10. Litchfield Landscape Elements, Inc. shall not be responsible for
delays due to missing, stolen, or non - conforming parts. Any rework
of non - conforming parts must be authorized by Litchfield
Landscape Elements, Inc. prior to the time that the rework is done.
11. Some fitting and field cutting of parts may be required, and will
not be subject to back charges or cause for rejection.
12. In the unlikely event of failure, Litchfield Landscape Elements,
Inc. reserves the right to atter the design, color, or contributing
factors to rectify the condition and help prevent any future
reoccurrence(s).
13. Litchfield Landscape Elements, Inc. specifically excludes any
implied warranty of merchantability, fitness or purpose, and there
are no warranties, which extend beyond the description of the face
hereof.
14. Under no circumstances will Litchfield Landscape Elements, Inc.
be responsible for any consequential or incidental damages due to
breach of warranty, and such damages are specifically excluded
from this warranty.
15. The pre- finished metal roof manufacturer warrants to the
purchaser that when used for exterior applications under normal
environmental conditions the painted or unpainted metal roof
panels will meet the following standards.
R- Panel, Max- Rib, and Standing Seam Metal Roof Panels:
For a period of 25 years from the dale of shipment (20 years for Brite
Red), the coating system will not crack, check, peel (lose adhesion),
chalk or change color (fade).
For a period of 30 years from the date of shipment, painted or
unpainted metal roof panels, if erected within the United States, will
not rupture, fail structurally, or perforate due to exposure to normal
environmental conditions.
Subject to the conditions, limitations and exclusions set forth by the
prefinished metal roof manufacturer.
16. Fiberglass Shingles have a 30 year limited warranty per the
manufacturer's specifications.
17. Cedar Shingles hove a 5 year limited warranty per the
manufacturer's specifications.
18. Polycarbonate/ Lexon Panels have a 5 year limited warranty per
manufacturer's terms and conditions.
19. Powder Coat is the structure's standard steel frame finish, unless
specifically noted otherwise. All of our parts are blasted to a "white
finish ". Every part is cleaned, utilizing an environmentally safe citric
acid solution to remove all dust and grease after the blasting
process. Our powder coating is a multiple step process. 11 consists of
a Zinc Rich TGIC Polyester Powder Prime Coat, along with the Final
TGIC Polyester Powder Top Coat.
Litchfield Landscape Elements, Inc. offers a 10 year Limited Warranty
for Powder Coating to the original purchaser.
This limited warranty is only valid if Litchfield Industries has been paid
in full for the cost of the shelter. This limited warranty is for factory
applied finish only.
Damage occurring from shipping, erection, vandalism, accidents, or
field modification will require field touch -up immediately and
periodically thereafter which is not covered in this limited warranty.
The owner must report any defects in the powder coot at the time
the installation is completed.
The 10 year limited warranty excludes structures erected at sites
where salt oir, corrosive atmosphere or sprinkler systems come in
contact with the shelter.
Not covered by this limited warranty are acute angles, welds, and
endplates that are prone to minor defects on occasion and will
require touch -up by owner.
infoilitchfie(dindustries.com Ph: 800-542-5282
Fax: 678- 839 -5732
Litchfield Landscape Elements • 206 Adamson Ind. Blvd. • Carrollton, GA 30117 • www.litchfieldindustries.com
X�+
1.1.t; v)
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-,���� Litchfield Landscape Elements, Inc.
t ndsca e
elements
Terms and Conditions
SpecilfcotIons: Specification information is available upon Request
for dl of our shelters and site furnishings. Standard design loads on
shelters are between 30 lbs. and 35 lbs. per square foot snow loud,
with 120 miles per hour wind Toad:
If engineer's sealed drawings and calculations are required on
shelter plans, please call the lactory for cost estimates, since fees
vary widely by type of shelter and area of country. Shop drawings
ore available at the discretion of Litchfield Landscape Elements
management. Product specifications in this catalog were correct at
the time of publication; however. Litchfield Landscape Elements,
Inc. reserves the right to change specifications at any time to
reflect product improvement.
Custom Designs: We welcome the opportunity to develop specific
products and specifications to meet your custom design
requirements. Do not hesitate to coll.
Occasionally, new designs require extensive investigation and will
require a pre -pad design and engineering fee. However, upon
receipt and shipment of the order, the fee will be offset in the prices
of the approved new product.
Prices: Prices are effective as of the date of this catalog, and are
F.O.B. Carrollton, Georgia. Freight weights shown are approximate
and moy vary. Freight is cafcutoted separately, and not included in
the pricing. All quotations are firm for 30 days. after which, Litchfield
Landscape Elements, Inc. reserves the right to adjust pricing and
freight costs to reflect market fluctuations. Applicable taxes are
added to invoices unless a tax exempt certificate is provided with
order. Prices are subject to change without notice.
Terms: Payment in full is required 30 days after delivery. These net
30-day terms are extended to estabtshed customers who can
provide documentation of credit worthiness. If documentation of
credt worthiness cannot be provided; payment in full must
accompany the order. A service charge of 1.5% per month may be
assessed on the balance of all accounts over 30 days old. No
retainages are accepted.
Delivery: Depending on the size of the shelter to be delivered,
either a common carrier or private carrier will be used. Whenever
possible, shelters will be delivered to the job site. Detailed address
and directions must accompany the order.
Litchfield Landscape Elements, Inc. and their carriers shall have full
authority lo stop shipment al the point nearest the job site where
road conditions or other hazards do not allow the carrier to safely
reach the job site. Transporting of the material from this point on will
be the responsibility of the buyer. The carrier's decision in this
situation will be final.
All freight charges are added to the invoice unless collect shipment
arrangements are made when ordering. Time of delivery can vary.
Litchfield will make every possible effort to deliver within the
predetermined tame period (usually 4 -8 weeks or sooner after
receipt of design approval). Due to the nature of our product,
unforeseen delays in production and /or delivery are possible.
Litchfield will not honor or be held accountable for liquidated
damage charges of any kind whatsoever.
Receipt of product Unloading of the product is the buyer's
responsibility. In most cases, a forklift truck is required by and is the
responsibility of the buyer for unloading. Buyer or authorized agent
must inspect shipment of time of arrival and verify it with the bill of
lading. The bill of lading mailed to you at the time of shipment is
our receipt from the carrier. We therefore are released of dl
responsibility of loss or damage in transit. Damages or shortages
shah be noted on the delivery receipt and shall be reported to
Litchfield Landscape Elements, Inc. immediately by phone or in
writing. Failure to report shortages or damages within two business
days of receiving product shall be deemed full and complete
acceptance of materials as delivered and will result in a minimum
of 1/2 up to and including 100% of replacement cost including
shipping.
Material Storage: It is the sole responsibility of the buyer to
provide for protection of the material after onival at destination.
Storage of wood components and other materials must be in a dry
place out of the sun and other elements. Exposure to the sun, rain
and other elements can cause warping, staining and other
damage.
Temporarily stored materials should be placed on blocks well off
the ground and separated to allow oir circulation around each
member. Moisture resistant covers should be used on top and
bottom material stocks.
Installation and Assembly: Detailed setup and assembly
instructions are included in each shipment along with the
hardware. To facilitate the owner's planning of desired site and
concrete work, and shelter layouts and installation, setup
instructions are sent after receipt of order. Some fitting and cutting
of ports may be required because of field conditions and will not
be reason for rejection or back charges. Touch -up and finish
painting and staining sholl be the responsibility of the installer.
Litchfield Landscape Elements, Inc. assumes no responsibility for
the condition of factory - applied finishes damaged or altered by
installotion or storage procedures.
No corrections or alterations are to be made to our products
without permission. Back charges must be pre - approved before
any product corrections are performed.
Storage Fees: Storage fees of $250.00 per week may begin to
accrue to any order that is not accepted on or after the
estimated ship date provided by Litchfield Landscape Elements.
Inc. in order to prevent these fees, make all possible attempts to
arrange a inter ship date, prior to the production of your order.
Cancellations and Returns: May be mode only with the consent
of Litchfield Landscape Elements. Inc. and any and all costs
incurred from date of order are subject to a 15% handling charge,
in addition to return freight charges. Custom products and Pre -cut
Metal Roofs are non - returnable.
info DJitchfieldiindustries.com Ph: 800 -542 -5282
Fax: 678-839-5732
Litchfield Landscape Elements • 206 Adamson Ind. Blvd. • Carrollton, GA 30117 • www.litchfieldindustries.com