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HomeMy WebLinkAbout2011 Advanced Rec Concepts LLC - PavilionGly OF SFJVAS"T HOME OF PELICAN ISLAND 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. LA-kb-lZ Date sL Date s 7 1i Date 5k t?/ Date Date s �v D to 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 d` [MC s 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 . FIf . �i � er 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 NOTE: VENDOR W CONSECUTIVE CAL S TOT DAYS $ 14 996 LG $ $ L60, vG $ Ssb $ '0)1 D. 0. °U DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED p( p0 � t P prop✓ c l 1 '-+ P (1) t.) cC -k k-Lucc j orized . ignaturQ Printed Name • N. & Address Title Da e Si ed ACO D• 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 IIAIC 0 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 INSURER C: INSURER 0: INSURER E COVERAGES THE ANY PERTAIN, POLICIES. MR 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 POLICY NUMEOR 0117E �c��D,_ Dw7E�t IIMI�i A 'X NENERALIL1aiuu J cotNIERCML GENERAL LIABILITY pI CLAIMS MADE Ea OCCUR U *CU Liability PL5813215 -04 01/2712011 01/27/2012 EAcNOCCURRENCE I 1.000,1300 �TtEsisousncaN $ NO.� MED 'DIP jOaw art. prsay I 8 AOCI PERioNALa ARV RRELY $ 1,0013,000 '! Contractual Liability GENERAL AGGREGATE $ 2,000,000 N'LAGGREGATE LIMIT APPLIES PER PDUCY PIPROJECT n LOC PRODUCTS -COMMA AGO $ 2.000.000 ADTONIDINLR LLARRn'Y ANY AUTO • ALL GRINER AISTO& II :annum AUTOS ' HIRED AUYOs 1 NCN.OWNEDAUTOs • (Es)E LIMIT f (ihr pwnY 3 s d Y PP..RO'PE DAMAGE $ ANY AUTO AUTO ONLY - EA ACCIDENT 1 OTRiR THAN EA ACC I AUTO °NLY: AGG $ A NDIOEIirtmeSKI,AUNMAY ±j OCCUR p CLAIMS MADE al DEDUCTMLE RETENnOIt s 10000 UM7856228 -04 01/2712011 01/27/2012 EACH OCCURRENCE s 1.000.000 AGGREGATE $ 1.000,000 Prcducla1Comptelse Oss s 1210o.000 $ $ INORIUMIS ELIPI.OYER'Y ANY PROPRIETORIPARTNERIEI OFFICER/MEMBER 7 q :IlECamL TNDH AND ECLPTIVE ENICLUDED7 dM rrw�r PROYIEIOM$ b.Iaw pp �-ry �TC LMIrT! , t ER E.L. EACHACCIDENT $ E.L. DISEASE - EA EMPLOYEES EL. DISEASE - POLICY UNIT $ OTHER ,:'y' Project City a n . , , ' 1 P t.. . (,'.j U't •'1'! Paeliiorr for East Riverview Park of Setasdam is Mani as addidonat Insured. 1, y 1 `1 1 ., ,' l _ 1 1. ,' 4. °y/ .. • u 1 • 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 -MAIL▪ ' lilt Vii! CUSTOMER IO W ••••• .7-5 N$URER ISI AFFORDING COVIRAGE egoRER A : Bridgsileld Employers Ins. Co. INeINNER s : Progressive Express Ins. Co. INSURER C : elellllER D . _.. .. e lwRen E : ._.. ... COVERAGES • lFAB ESL MK • 10701 10103 7 THIS INDICATED. CERTWICATE EXCLUSIONS IL" TrR IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, WY BE ISSUED OR MAY AND CONDITIONS OF SUCH OF PERTAIN, POLICIES. XDOCIDOIr -- - INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN POLICY t.0 ss ISSUED TO THE INSURED CONTRACT OR OTHER THE POLICIES DESCRIBED REDUCED BY PAC CLAIMS. #241frrVmr I�NI IXT YYYI we vow,' NU LR: NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN 16 SUBJECT TO ALL THE TERMS, Lilnra I. TYPE Or.MURANCE EGENINIAL. LIARIIm ! COMMERCIAL GENERAL LIASILm I CLAMISMADE OCCUR . 1 —_ . - ___..._.. k EACHoccumRENCE s DA METES TS sI 11Drlw1 S MID ESP /Any am swoon) S PERSONALIAD/INJURY S GENERAL AGGREGATE S GEM. AGGREGATE LIMIT APPLIES PER: l POLICY n raj LOC PRODUCTS - COMP/OP AGG 5 s B AIROMOe1LE X .1 _._ X X.. LWN.IrY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS MIRED AIRDS NON•OWNEDAUTOS 07811524-0 02/03/11 I 02103112 1 COMMIT SINGLE RANT TER AN SW} s 1.000, _..._ - BODILY INJURY IAN wawa) S BODILY INJURY Wa• acdtlAng 5 PROPERTY DAMAGE (Pe �) S S 5 1 UMaRlLLALIAa I OCCUR I , EXCISE LIAO CLAIMS -MADE I EACH OCCURRENCE S S S .. - _. .. .._ AGGREGATE DEDUCTIBLE RETENTION S WOUNERS COMPENSATION AND EMPLOYERS' LIABILITY A ANYPROPRIETORIPARTNERIEJIECLRWE YIN OFFICERIMEMBER EXCLUDED? n NIA fiaroilowy Is N yas dwmM under a DESCREIPTKMROF OPERATIONS below 830-34812 07/24/10 j 07124/11 WC STATL4 1 X 1TORY LIMITS . S 5 E.L. EACH ACCIDENT 1,090,0.0 T� E.L. DISEASE - EA EMPLOYER? 1,000,008 E.L. DISEASE - POLICY LIMIT 5 1,000,000 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 o C4 QUOTE #: L4780AL C - O 0.8 m ci CU t0 C C -1U szt \) MODEL: 24' (AS) Hexagonal Structure QUOTE #: L4780AL N H W W m-, la CC a OD co IL IL co >, c c • — E „ = _ o E c 0. .0 L' = co .0 co to c c c% c .0 g 0 • 0 • - = 61 < c ce) ------- MODEL: 24' (AS) Hexagonal Structure TITLE: Ground Plan QUOTE #: L4780AL uJ LLJ 2 co c o .--, -0 cry ul co = < -0 i_ .-, a> CC , .... • ... f ri I-- cti o cu c) a = a; 00 a> c • t— — (--: E :12 ,.... = Q) ci cz) 1 0 ...-. I— CI I._ r.-- co re) . (1), CD 0 = .0 cn L.L.I ---• "a cn ' i _ .c.) ,... - = z UJ Cd r•O ur) M (13 i ° r.r) -I., 6. -+'-' , cn .6 -o ..41.-, Cn -0 C) CD <: -t .;:e ° X C 'ff • z ---1 S., I, -,-, • -1• -• - = -1 E • m o < o = 0 0 < ..c/- st dr; .5 = = Cr C0 0 0, = cl) -I-, CO I .4-, 0 0 C 0 QJ iii) u_CC tr) _c) -c 0 -0 al -0 0 -1- ▪ ****"... 1 ".--' c .c ='• ..:( •.:t = o o .*--- CL 1- 0 NO 1— -5--, • ---, = o 5 t5 Cr) -0 l Ci C/36 ... . c.., , c:,_ ..., a> 0 a.) .< a---• 0 0 0 CD I- 0 0 = " CC ... • _o - ■-• a> -4- -o o ci) - -'-' • - CC 0_ _o - o ler, -.-• • cl-. ''''..,, CD (-N1 _ 0 a- a cs 4-, = o '6' _E/ -.7%) = ...,,.-• tr, 0 - C-) C-) -CI 0 _C) I: 1-- CD 0 ci., • — Go c., C..? ,—, I -a .-1--- E a. 1-- Ce tn.—. -4-, Q.) = r"-) t- 5- 7.--- 0 -0 C1) f: Z Cn C -5 co >4-- "4" cL cu co _o c ca... c 1 -,— o '4-- .‹ ›c o_ ' Eh a) La . _ • -0 cf; - 0 ▪ ....., a) o Q., _c .2 c = ,,,,- - _ c.,:; c,_ o cn = — _ L- -0 --'' a ...-, 0 0 M U-1 CD 01 0- :0 = 1— - ar) - 0 0 0 ....c — ,... 0 0 < -.5-.,• CLI • CI >', :-° 2 CS -10 a) a) -6 a) L. a.) a I.- = z cri „so Ta.. > )--- (— 0 -rf) -5-, -0 0 a x ei . eL ..e, 0 cr) -0 cz) co •-,-7, (1) . Cn 0 -CI -0 a> Cll 0 0 CL. 0_ L3 co = .) ..c0 CD :577 0 1--() Cr) I-5-1 , C a) .4-, Cn 7=111 0 E t....:: L- = Cf) - 0 E 0) Cn CL) - 0 0 (...) 0 4- -4-.. I.— C = C) cn 0 -0 S a) ... 0 (,, 8 -.6 L_ a., :6 0 _._,cn • P.. =- 1-", Q.) 0 C3 0 I.- . — Z U CT) 0 :4= cl> ▪ M "Cri " s... C E • L.- t... .r. '..' c) (DCD m o c) cn (D. in Q— a, ,-_— T.:re. ¢ -..'zre. ▪ CD E. — I); (19 .....e E , 0 U- a) _c- a) - 5 ill CI- UJ UJ U_ • U-- 1 CI) = 0 • s- 1. ±-- 14-1 c■i rei 4 LC i cd W < _c 1— 0 0 0- 1— ix N.I.C. = NOT MODEL: 24' (AS) Hexagonal Structure TITLE: General Notes QUOTE #: L4780AL br ti 4 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) /S -,���� 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