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HomeMy WebLinkAboutPlaymore West Inc - Bryant Court -. ';' I" ~ SERVICES AGREEMENT THIS AGREEMENT made this ~ I~~ay of (1u.5/,tb-1' , 2006, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Playmore West, Inc., 10271 Deer Run Farms Rd., Suite #1 ,Ft. Myers, FL 33912 ("Contractor."), set forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence in the removal of existing lighting, sale and installation of Playground Equipment which shall be erected at the Bryant Court Park, Sebastian, Florida; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Specifications, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Intent. The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 1 " (b) Entire and Sole Aoreement. 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) Construino Terms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City by selling and properly installing play .equipment which shall be erected at the Bryant Court Park, Sebastian, Florida, more specifically described in Exhibit "A", which is attached hereto and incorporated herein by this reference. 4. SPECIFICATIONS AND RELATED DATA. The intent of the Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Specifications and site conditions, or any errors or omissions in the Specifications, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in Specifications may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the 2 " correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same usually and customarily required to complete fully such work as is speCified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Specifications. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by the Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the flat amount of $30,635.00.00 for performance of the Work hereunder. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Project Manager that the Work has been completed in accordance with the terms of the Contract Documents, the Project Manager shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. 3 .' Also, each request for payment must have a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, attached from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant. 7. PROJECT SCHEDULES. The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rainday" extensions granted shall be processed as a Change Order with each pay submittal. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition which may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 4 " 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the review of the Project Manager and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Project Manager who will resolve such questions. All materials and each part or detail of the Work shall be subject at all times to construction review by the Project Manager and the City. Such construction review may include shop inspection, and any material furnished under the Specifications is subject to such inspection. The Project Manager and the City shall be allowed acce~s to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 10. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, matet.ials, equipment, tools, construction equipment and machinery, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub- Contractors required for services which are necessary as described under Exhibit "A" of this Agreement. All services described under Exhibit "A" of this Agreement shall be performed by the Contractor or sub- Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. 5 All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other pers0ns who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 6 ~.. .' 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in the work orders or this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. 7 .' Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement or any work orders must be specifically approved by the City Manager. 16. INDEMNIFICATION. The Contractor shall indemnify and save harmless the City, its agents, subcontractors, servants, and employees from and against claims, liability, losses, or causes of action to the extent arising from any misconduct, negligent act, or omission of the Contractor, its agents, servants or employees in the performance of services under this contract. 17. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 18. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 19. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder.. 20. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 21. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. 8 " (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Oontract. 22. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of two (2) years from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Specifications may be condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. 9 Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re-executed by the Contractor. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within two (2) years from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. Approved as to form and legality for re~re City of Sebastian only: Rich Stringer, City At r y Signed, sealed and delivered in the presence of: Name: CONTRA~T~ 17 v? By: /,/4 /~ Name: Lt/J.C"i. 1t1/~5 ~ L <... Title: Cd - {' t2. '2 s I/~ f.,.,.vo r Name: 10 EXHIBIT "A" (Drawings Attached) BID SPECIFICATIONS FOR BRYANT COURT PARK PLAYGROUND EQUIPMENT PLAYGROUND Playground specifications based on Burke model 3000 -966 Suitable equivalents will be accepted. Playground must meet all ADA accessibility guidelines. Features include ADA transfer station, loop rung ladder, centipede climber, ADV climber with atom, spiral slide, triple rail slide, 3 pipe walls, tunnel with ports, post mounted steering wheel and 2 tunnel panels. Dimensions, fall heights, child capacity and age range listed on enclosed drawing. FLOORING Flooring for playground will be safety rubber flooring. AREA AND LOCATION FOR PLAYGROUND Play area is 34ft. 1/2in. x 33ft. 9in. Playground will be located on the southwest corner of the property. City crews will stake out area for playground. BENCHES (5) Bench specifications based on Pride Enterprises 6ft. Contour Bench. Suitable equivalents will be accepted. Benches constructed with 3in. x 4in. Pressure Treated #1 Southern Yellow Pine. Hot dipped 2 1l2in. x 2 1/2in. galvanized steel tubing with a 3in. x 1/4in. flat T-bar for added stability. Assembled using hot dipped galvanized carriage bolts. ...J LULUO ~ Z~ ~I<( If) (/)ZI/Zf-u. 0:: w ~O::Li.j ~ 9 ~:'!if-:J:~O ~(/):'!ia.. zO!::w N LUa..OI- (/) f-a..U ON3:f- t 0:: U5 :Jf2<9 ...J 0 Z LUU.f2~ O~(/)LUv.i i=:Jo<( W t ~ f-o<( 0 o!!la:oz "- >-Z:Ei=LU f- ~ 0:: D..Ii=!:i8LU~ <(:<cw::2: ~I 0 W UwZ 0:: Lli ;:!;f-o: ::!:... :'!i~1-0Z ~U:Uf- (/') :;E co :J x~z~ <( 8~~~~~~ o::!:~f-~ It) ~ ..- 0 - I-S!g W >- zOO(/) f2~~~ ..- ~ (/')(/') >- >-@~:'!iz::>f- <(ULU~5 ~ w ~ N LUO(/) ~~:J= Cl.. If)W:E "? ... :'!i!!:LUOZ~<( ~>-!!:f2(!) f- :EClU , ~!ze:~~LU ::>:'!i~ ZIf)(/') CI) N It) ~ ~ f- D~ J:~~LU::!:~ LUD..~Z f-_ (/)8 ~ -8 <(::> I- W W u.. ~I.O W ...J <( () Cf) C'l -- ..... I ~ l t .to EXHIBIT "A" 1: f- ....J US .e <( z "'" ~ UJ 0 LU III .8 f- Q l <( ~ :;; f- 5 In Z 0 U UJ !l! II) ::> a. lii .(1) u Ii! ..J uJ <( UJ UJ it: II) > UJ ~ 0 f- al <( <( <( ::!: Vi !!. ~ UJ -~ U ~ Uw ~ ~~ :!: ;;:) ~ ;;:);;:) II) (1)0 wi' >-w <( f-II) Z'1ii '" ~:E 0", ~ U36 j~ 19 ~g, UJ !:IS 1: !!;!~ ~j' ~ l!l<( ::Ja. f2 UJQ ~~ f- 8Z f2a. ~ <(<( a. (9 Z ~ <( $ 00 1'1'1' ~~ ~~~ 0) I ~ w U z <t: ~ f2 Z Iii rjj ~ ~ ~ Iii Iii 8 ffiffi~.,~ffitfi GiGi>-~~[ljjjj C) >->-~~ih>- <t: ~~al~~~~ <:(0 u."ill.......... OI!!Y<'"a: WW <t: Ill..ts~~~~ ",-"m><teO c w ;!i~~w..2z Z 2!~ffiiil~~~ ::i ",jjj~,.<.!lCl W ~>tJCDOO Cl ~5<~a::Ul - z"-.," lll~ ~ ~~~~~ v <jjj!:l 21; >- ~,." ex: I- W~~ ~ ::J u. a: ffi :IE ffi ffi~Qj ~ - !D< >- ~ ~ ~ ~ W We () u.w () ~~ <t: ~~ c;( ~~ o 0 <t: ~ :l1 :i! 1"--0"" NN U~ ~~ >>> >> li1~~ ~~ 010.0.0... Q..Q.. SERIES: 3000 SITE PLAN DRAWN BY:Ckey 3000-966 May 22, 2006 A c:Iv anced Rec. Co ncepls 3000-966 BCI Burke Company, LLC PO Box 549 Fond du Lac, Wisconsin 54936-0549 Telephone 920-921-9220 EXHIBIT "A" (CONTINUED) :l:: =.Ql l!! Q)" ............................................ Q) J: ~ ............................................. :>~v o~..- l!~== ..:...<[l.~............_:...l._............_..:._..._:.. :::>>~.i.i....~ "..,u..~"'."'..u""?':~.u .:t: -2) ---~~ .... - t>iija:> u.: :! ~Q) 0- ]t ~o 'S~~ f/JO"t;; Q) ~.gl ~~~ ~~~ ~fi .'- " ...;. 'k \ -f:' .",:. ,';':':':. May 22, 2006 /,.,-~..........u...............u..............................................................................................................................................................................................................................................................-... , SERIES: 3000 3000-966 Advanced Rec. Concepts ELEV A TION PLAN 3000-966 DRAWN BY:Ckey \'-_..........................................~9...~~~.~~~~:..~~~....~9...~~.~...~~~..~~.~.~~..~~:...~.~~~~~..:.~~.~.:~:~......~~.I~.~.~~.:~.~.~.~.~~.~.~........................................._j " 22 23 24 25 26 COURT 9 19 8 l.:J I~O ...J ..... U::.cM <t: ...J a:: ,x a:: :::l<t:o I- ~Q.." I 7 u 18 ...I :::l ~ W ...J u url a:: ..... (/) u I- z...J L..... Z ulXl,D 6 <t: .....<t:~D >- 0..1- a:: <t: a:: ^ j:Q w a:: 0 0 <t: 17 Q w Q 5 01 0 ...I 0 ..... 0 ~ <t: a:: l- I(/) I w u I 0 0 0 ...I ::.cu ::::) a::Z- ~ <t:w 4 Q..pq 16 <t: ::.c (/) a:: <t: /Xl W z 3 2 20 1 21 20 19 6 17 18 19 2 1 . BRYANT COURT PARK PLAYGROUND EQUIPMENT BID OPEN: JUNE 26, 2006 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. PLAYGROUND PRICE RUBBER SAFETY FLOORING p;p ~O."C()LC'1i:. Z.s~Tl-"'C K FIVE (5) BENCHES PRICE INSTALLATION CHARGES FREIGHT CHARGES FOR ALL EQUIPMENT TOTAL PRICE $ l3/IOO $ ~I q ., 0 $ I, . L/7 5 $ L/ J 7 LJ (/ $ Z J JSo $ 30 J b ~s- NOTE: VENDOR WARRANTS TOTAL DELIVERY, INSTALLATION AND COMPLETION TIME SHALL NOT EXCEED _ CONSECUTIVE CALENDAR DAYS. ~~ ?vlC[; l2(/s.s~L<- . Authorized Signature Printed Name PtA-V'M.O 'f2C vl S)-, I fl-JC , C C? - t?tz E"5 J KJ J: /V \" Firm Name & Address IO"lt J OlEa .re~;A~.) 1C'e:?" s"tlt~ I FT, A/lYE"/25, 1=L 339. I L 6-25-00 Z. 3 ery ~ "7 c:>t I - 2.. '-I 0 I:) Date Signed Phone Number DRUG-FREE WORKPLACE FORM that does: The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 6 .- ? ') --c?b ~~ Signature SWORN STATEMENT UNDER SECTION 287. 133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. f!:#.r41"1 CT. .Ikp for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by PtA.rMO~ t::. 'WI: 5 T, I tV("', (name of entity submitting sworn statement) whose business address is /t:l~71 Oft'lZ ,eV'~I=A-~.MS RIJ,} 'Sv1TC ( Pr../'4.Ylte.5, ;t--3:?"'f/<-and (if applicable) its Federal Employer Identification (FEIN) is 6r~fSq4c>t5 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 3. My name is ?c/K'L (2JS5C LL- (please print name of individual signing) and my relationship to the entity named above is C:??-/-?t?~5J /.)1:',....,'- 4. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an ann's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.l33(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Agreement and which bids or applies to bid on Agreements for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) /Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) _ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services. ) ~p-e (Signature) ?- 2 ~-O'b Date: STATE OF FLORIDA COUNTY OF L-e...e.., The foregoing instrument was acknowledged before me this 0> 3 day of ~t.Lne, 2006 by kk...e. ~u-~eLt , e('>- ~ "p_~~d.e.-1+- (title) on behalf of~l"'~r.!.. WefJ, -:CW.. (name of partnership), a partnership. He/she is personally kri n to me or has produced as identification and did ( ) did not ( ) take an oath. ~-MEUSSA..VEGAHHHH""11 Com"'" DD0238319 ElcpIrea 815121X11 m IcInded \tIN (800)432-4254. ClfI\1 . Nola ~ Inc : --~......~......".... ~~v Name: \-\e\J-SS'1 ~ My Commission Expires: -6/ Commission Number: 'be> I:> ri"6 '8' '3 I. '\ 08/31/2006 15:36 2397912401 PLAYMORE PAGE 02/02 ,1-1&\m: 1..;~1"lI ~c.!.\r,U;~ L,: '? ,I.{}: 1 :!:.f.v,r.U1 . ).lIV1 .u,~: 11' Date: ~/.31r.m1jl1'.7.~~qPll.9 ACORD CERilF1CATI: OF LIABILITY lNSURANCE II DATi. rtAlWDONY.YY.\, 1M, 0813112006 1;11,_: (311) B34.~~OO Fox: (317) ~72-71~2 THIS e~~TIFleATE Ie "SUED AI A MATT'I!R OF IMf'ORMATION CITY SECURlTJES CORP '3W..'f ~ c~ ~ lH1I9r!, ~ 1\t! (;.'i!MW\CA,,1l; P.O. BOX 44992 HOJ.DER. THI~ CERTIFICATE COES NOT IoMENO, ElXTlOND OR ,1'~\ofIN.4~~8lN J8l114.qggz .....~ ~~ A~"'D BY ~PfJtAAn SEtQW; ( INSURERS AFFORDING CO"ERAG~ I .NAIC.il! r--- I INSURED liNSURI:R A: Burlington Insurance PLAYMORE WEST IkC.. CaA. PLA.YMClR,E. ~R~m~ I~RB: ., PRODUCTS & SERVICES IMulrER {;: 10271 DIiER RUN FARMS ROAD INSURER 0: I . FORT MYERS FL 33812 ,.INSUJtl~ .I: ,I COVERAGES T1-tE POLICIES r::F INS~"/II\,;E lISTED_~l9)N (oI^~ _~ 1l5~IiO TO THE 1N~J'tI!:D N~j\~QV"- FOR Ti'<F. ,p9"If,;V t'CRlOO KIICA~ N01WITHSITANI.lIN(J: ANV REOUJl6lEm, ~ O~ CONcmON CF ANY CO ACT Oft O'IHSl OOClIMENT WI111 RESPECT T(lV\o1~ICH r.1:xC!m1FICATI!: MAY ISSLED OIl M/(t'.JEF<rili't'(. fTr.iIi j(rtI(% I\FRJFlt1EO F.rfn;I'OLICIES ~t:l Hl!:REIN IS SUIlJeCT TO AI.I. Tt-IE TERMS. ClUSlGIIIS AND CONDrTY.lN$ ($ SUCH PCtICE9. MGIlEGA'I'e lMTS SHOWN MAY HAV BeEN REDUCED ~ PAre CLAIMS. r.:.t= -. .I ,I ,I FOUCV_IIN " TYJ'E OP INSURANC! POlICV NUMB!!Ft 'OI.l~y EFFE;lIVE 1.IMlm I. ~E;NtiiRAl. LlABIU1Y I, HGl.OO13413 I) 07119106 Ij 071111107 eACH OCCUllRENCIi s 1,000.000 r fxl COMMliRC'^t. 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CAWCilLED 8EFO~'1'HI!Extt~A'tOol DATe 1'HE~EOJr. THI!: ISSUING INSlJlER 1MU.I!fll:lIi^VOl'lTO MAIL 3ll OAYi; Itt'EN NOTICE TO lf1E' ~;rn.1'C^ re: fltWS<' IIlIWflT ro 1l'lli" u"').T, surF"JC~~ rtrpo- SO SHAll INI'OSE"IIIC1 CITY OF SEBASTIAN OBLIGATION OR llABllTY OF Am I<I~IO UPON Ti'E: NS\lReFl, _ AGeNTS OR REl"ResENTI\TlVES. 1225 MAIN STREET RSA.."I.TJ4N, F.L ~5t ^UINOf{ll.~IJ H~f'HI~:iI.NTA'I'IVE ~/3~ .4t\W'rmbn: St~al'l S, Carraway:'> A't.~'O 2l>\~/Oll~ C~~~ 18,.,,+ ""eooD <<JRPORA'l'll:m 'lM18 08/23/2005 13:42 23979124Bl AA/?,/200612:06 239549Ge~o PLA '(t>~ORE GA~LOCK INSURANU:.. PAGE 02/02 PAGt: 02/03 ..--" IPROO~ ....Ifock & AtslOCllltellnwranae, Inc. Box 1om8 III Coral R. 31910 INIllRED Pl8ymDlll Wilt tlo. DBA Playmar& ReonalfonIIProlludt & 8ervloe$ 10271 De.. Ran F8tlM lid It 2 Fort ~ FL 339.. INSURERS AFFOftDING COWRAGE II Ai Auto Qwners InIIu I I NAle, TI'II! POUOIS! OF INSlIJRANOI! I.llnLl "LOW !<lAVE Ilf!I!N ISSUED TO Ti'l! I~ HAM&:? 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