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Home My WebLink AboutContract for South Shore Community Center Rainbow Daycare Playground Renovation ;;< tJ tJ r;, - .; ~ g 0-1- /0/91/06 C'11\ . SOUTH SHORE COMMUNITY CENTER RAINBOW DA YCARE PLAYGROUND RENOVATION QUOTATION #V A-QT1PG-07 QUOTATION DUE: DECEMBER 27TH, 2006 CITY CLERK Brad A. Judd, Property Management Director City of Miami Beach - Property Management Division 1245 Michigan Avenue Miami Beach, FL 33139 QUOTE NO: V A-QTlPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH I CITY OF MIAMI BEACH m . 1700 CONVENTION CENTER DRIVE, MIAMI BEACH, FLORIDA 33139 hllp:\\miamibeachft.gov Telephone (305) 673-7000 Facsimile (305) 673-7650 QUOTATION NO: V A-QT1PG-07 SOUTH SHORE COMMUNITY CENTER RAINBOW DAYCARE PLAYGROUND RENOVATIONS Description: Contractor shall renovate the entire Playground area at Rainbow daycare fucility, located at South Shore Community Center. Scope ofW ork: The Contractor shall remove all existing equipments and flooring material to be replace by new state of the art playground equipment and new flooring approved by current Codes apply to daycares fucilities. Contractor shall provide and installed a list of new equipments to include: Little Tikes Kidbuilder custom play structure, Ship Theme, 2-12 age group, Little Tikes Kidbuilder custom play structure, 2-5 age group, Little tikes Caterpillar Sculpture, Little Tikes Whale Spring rider, Little Tikes ATV Spring rider, Little Tikes 4 seat Teeter wI Bubble, Little Tikes ECH Learning lab TM Circle, Little Tikes ECH Learning Lab TM Oval, Iron Mountain Forge 6' Redwood bench wI back, Iron Mountain Forge Redwood Square Pedestal Picnic Table, Redwood Little Receptacle, Hobbs H2O Misting Rainbow Water Event, etc. Also included is the Shade Builder, 16'x32'xI0' Entryway, Mariners, 4 Post, 4 Top, Shadesure Cloth, installation and sealed drawings. Installation of pour in place Rubber Safety Surfuce, Crushed Stone Subsurfuce, excavation of site including, removal of Planter Boxes & Rubber Tiles. Contractor is also responsible for removal of existing Playground equipment. Contractors submitting quotes should examine the site and all current plans and specifications and base their quotation on existing field conditions, scope of work, and the proposed renovations. Failure to do so will not be considered justification for additional charges after the contract is awarded. The Contractor awarded this contract must be able to pull anylall required permits no later than one (1) weeks after the contract is executed and approved. The successful Contractor will be required to furnish General and Automobile Liability insurance in the respective amounts of $1,000,000 (and include the City of Miami Beach, Florida, as additional insured on the certificate); current Occupational License; and copy of a current State of Florida Contractor License. QUOTE NO: V A-QTlPG-07 DATE: 12/27106 CITY OF MIAMI BEACH 2 ~ . Z o in ~W Co:: .. 1-< E ifi~~ j:: ::E~Ql/) ~ W 1-2 .. ~i=~~ Cl Z<gool- ZZl-qW ::IECi'~ !I! ~~C~I/) wli"ZZz ILW;:)OQ ~!z~i=!;( ILWCl<I-:::! OJ .... ~<~lLg~ WZ.OI- Ill;:) -::IE ::IE::IE <0 io IL~ 00 ~J: -I/) OJ: ~ o I/) e o ~ Q; ~8 1/)0 ~i ~~ Q;C I Z o Ii: ii: o I/) W C I ~ ~ 'ill t i .... .... Gi ... G!. ~ .. I L , &;- C3 Q) :5 10 .<:: - 00 - c .. E 0. '5 l:T .. '0 00 ~ &;- 1ii .. ." .~ a. (5 C ." :; o " ,.., .. .<:: - m :> g .c .. > g 0. ~ oj 0::0.,..; -.<::" 01/)", z..c'::::; ~_c .. :> 0 :Ea30 ~-~ o '" c: O"'C 5 !su !!! 0 .. >~." .. Cl '" '- ~o 0_ E a. '" "',.., ~ 00", Q) O::c-: .".... c.<::.>< "'-", cu (5 E E - ,.., i=~J! .. l,Ca.. W ..._ _ I-Elil51 0", 0.- ZCJoo<C .' '-- '~ "'-'". :.61Z660548 T-317 P002/002 F-805 01-Z1-'0, 00:40 fHUM-Playmaker servIces MIAM.!I' ..- AWARD SHEET ADDENDUM NO. 6 TO: AU User Depts. FROM: Pearl BetheV Procurement Agent BID NO.: 4907-1/06-1 TITLE: Playground aad Park EqulpmCllt \ DATE: 110312007 Please note lhe foUowlng chaDge: Effective today January 03, 2007 the following vendor has been added to the above mentioned contract F.E.I.N.: VENDOR: STREET: CITVISTATE/ZlP: F,O.& Tl1RMS: PAYMENT TERMS: DELIVERY: TOLL PREE PHONE II PHONE: FAX: E-MAIL: CONY ACT PERSON: 80010058001 Playmak<< Services LLC 1855-2 Dr. Andre's Way Delray tloa<:h. FL 3344S Destination Net 30 As~ 800..746-3903 561.266-0544 888-780-6876 sAlestatolavmakerservices.com Bill Landers Group A: Veadon..itII MaDoraetan.. they handle. PlaylaDd, lac:.. PlayMart Paris EqaipmeDt Mrc. L TD Ultra Play CbiJdforms Child Safe P!"Oddcts, Inc. Uttle Tlkes PlanroaDds by Pla)')lowar H20 FUlI/HobbS An:Ioileetllral Foalltal.. Group B: Valldon willa MaDuraetann tbey handle. SEE A IT ACH&D ALL OTHER INFORMATION REMAINS TIlE SAME ,,;wAU::JIHIEt:TId)C)DIOUMIla.1tlJtl'Ol WAY coo~ --- fraY.9rounds 1855 Unit 2 Dr. Andre's Way Delray Beach, FL 33445 PH: 561/266-0544 FAX: 888/780-6876 sales@waycoolplaygrounds.com Awaken The Imagination Quote ...a division of Playmaker Services, LLC Date 06/07/06 Quote # WCPQ2665 Sold To: Miami Beach, City of Irina Villegas 1245 Michigan Avenue Miami Beach, FL 33139 Ship To: Rainbow Daycare Irina Villegas South Shore Community Ctr. Miami Beach, FL 33139 Phone: 305-673-7000 Fax: 305-673-7963 Phone: 305-673-7000 Fax: 305-673-7963 TERMS OF SALE: We submit this quotation as our offer to sell equipment to the buyer quoted to above. This is not an aCknowledgment and no goods will be produced until all requirements are met as stated herein to the satisfaction of the seiter. To accept this proposal, please sign, date and return with any other materials required. Once signed and accepted by Seller, any changes must be submitted in writing and approved by Seller. No goods may be returned without prior written consent of the seller. Terms Sales Rep P.O. Number Ship Via Net 30 vfigueroa I Part No I Qty I Description I Unit Price I Ex!. Price Pricing is Based on The Miami Dade County Contract #4907 -1/06-0TR QU030307-1 Little Tikes Kidbuilder Custom Play Structure, Ship Theme, 2-12 $24,387.69 $24,387.69 Age Group QU030307-2 Little Tikes Kidbuilder Custom Play Structure, 2-5 Age Group $14,878.85 $14,878.85 200200171 Little Tikes Caterpillar Sculpture $659.00 $659.00 200014075 lillie Tikes Whale Spring Rider $709.00 $709.00 200007463 Little Tikes A TV Spring Rider $709.00 $709.00 200007461 Little Tikes 4 Seat Teeter wi Bubble $839.00 $839.00 200200540 1 Little Tikes ECH Leaming Lab TM Circle $1,199.00 $1,199.00 200200541 1 Little Tikes ECH Learning Lab TM Oval $1,699.00 $1,699.00 100000256 1 Iron Mountain Forge 6' Redwood Bench wi Back $589.00 $589.00 100000242 3 Iron Mountain Forge Redwood Square Pedestal Picnic Table $969.00 $2,907.00 20005372 2 Redwood Litter Receptacle $299.00 $598.00 29107 Hobbs H20 Misting Rainbow Water Event $11,500.00 $11,500.00 SubTotal $60,674.54 10.0% Discount, per Miami Dade Contract -$6,067.45 INSTALL Installation of Above Equipment, Per Miami Dade Contract $16,988.87 $16,988.87 Installation of Water Event Does Not Include Plumbing SP1632 Shade Builder, 16' x 32' X 10' Entryway, Mariners, 4 Post, 4 Top, $9,193.33 $9,193.33 Shadesure Cloth Page 1 of 2 I Part No raiY" I Description I Unit Price I Ext. Price * 1 5% Discount, Per Miami Dade Contract -$459.66 -$459.66 INS-TALL 1 Installation of Shade Structures, Per Miami Dade Contract $4,136.99 $4,136.99 DRAW 1 Engineered Sealed Drawings $850.00 $850.00 PERM Permitting For Shade $750.00 $750.00 DRAW PIP 1,152 Pour in Place Rubber Safety Surface, 2 1/2" Including 1/2" EPDM $9.40 $10,828.80 Cap, 50% Color 50% Black,1152 SF, Delivered & Installed PIP 4,432 Pour in Place Rubber Safety Surface, 1 1/2" Including 1/2" EPDM $8.90 $39,444.80 Cap, 50% Color 50% Black, 4432 SF, Delivered & Installed PIP 1,100 Pour in Place Rubber Safety Surface, 1/2" EPDM Cap, 50% Color $7.50 $8,250.00 50% Black, 1100 SF, Delivered & Installed STONE 3,060 Crushed Stone Subsurface, 3060 SF @ 4", Delivered & Installed $2.50 $7,650.00 EXC 3,060 Excavation of Site, Including Removal of Planter Boxes & Rubber $3.00 $9,180.00 Tiles REMOVE Removal of Existing Playground Equipment $4,500.00 $4,500.00 DPST 2 Dumpsters $750.00 $1,500.00 SubTotal $167,420.22 Sales Tax $0.00 Shipping $3,499.25 Total $170,919.47 PAYMENT TERMS MAKE CHECKS PAYABLE TO: Playmaker Services, LLC. No retainers and no holdbacks are allowed. Payment is due 30 days from the invoice date. In addition to the price stated herein, Buyer agrees to pay the seiter interest on accounts past due at a rate of 1.50% per month or the maximum allowable interest rate applicable by law, whichever is lower and all collection cost induding attorney's fees and other cost involved in the collection of any accounts past due. SPECIFICATIONS All equipment is per the manufacture's specifications with standard colors. Please note that installation does not include any ground preparation, landscaping, borders or sulface media such as sand, mulch, etc. unless stated. Also, we are not responsible for underground utilities, irrigation lines, etc., unless they have been marked and brought to our attention. Playmaker Services, LLC is not responsible for permits or their associated cost unless stated. Playmakers Services, LLC will provide necessary documents for permiting and will charge to the customer actual cost to obtain permits such as engineering, couriers, permit fees, etc. SHIPPING INFORMATION Shipping schedule is an estimate only. We will do our best to maintain timely schedules; we are not responsible for any cost or damages resulting from shipping delays. The Shipping Schedule does not include, nor are we responsible for, time in transit. Shipping charges do not include truck unloading. By signing this propos , ou agree to the above terms and will process accordingly. Signature Print Name (/tVI/4t-JA ~~/ eaA"1IJL~~. Date~1 ~'::I t:J,? Page 2 of 2 USI 1/11/2007 1:33:55 PM PAGE 2/004 Fax Server - ellenll: 12&754 "'-AYMSER ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE {WI'DDIYYYY) 01/11107 f'RODUCER TIIS CERI"IFlCATE!~ ISSUED AS A MAnER~~!NFORMATlON USllnsurance Svce of FL-CL ONLY AND CONFERS NO RIGHTS UPON THE CERrIRCATE 200 W881 Cypl'888 Creek Road t500 HOLDER. TIIS CERIlFlCATE DOES NOT AMEND, EXfEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Fort Leud8rdale, FL 33308 854 607-4000 INSURERS AFFORDING COVERAGE HAlC' .......D INSURER ~ Unltecl Nallonsllnaurance CompanY 81199 Playmaker S8IVlcae LLC dba Way COol INSURER' Technoloav Inaurance Companv, Inc. 9999 1855-2 Dr. Andrea Way INSURER c Hartford Underwrltera Insurance CO 30104 O8lray Beech, FL 33446 INSURER c: INSURER E: COVERAGES THE POLICES OF NSURANCE LISTED BEL.OW HAVE BEEN ISSUED TO THE NSUREO NAMED ABOVE FOR THE POI.ICY PERIOD NDICATEO. NOTWITHSTANDING NfY REQlJREMENT, TERM OR CONDITION OF /i1HY CONTRACT OR OTHER DOCUMENT WrrH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAN, THE NSURAACE NFORDEC BY THE POLICES DESCRBED HEREN IS SUBJECT TO AL.L THE TERMS, EXCLUSIONSAND CONDITIONS OF SUai POlICES. AGGREGATE L.MITS SHONN MAY HAVE BEEN REDUCED BY PAD a.AMS. ~::; TYPIii Of IN8UlWlCE POLICY'......ER ~~ LIMIT8 A c!!-","RAL ,_rrv L7204705 07124/06 07/24107 EAO< OCCURRENCE .1 000 000 X cor.u:RClALGENERN..lJABILITY DN.4AOETORENTED S50 000 ~ ::ra.AlM8MADE DoccuR MEDEXP(NrfexulpllIlIllI'1) $ PERsotW. &ADV INJURY $1000000 OENEAALAOG\E~TE s2 000 000 PRODUCTS - COAF'fCF AGG $1 000 000 c ~AGG~.LMTAP~PER: IPOUCYl I~ I ILoc .M!I'OIICBlLELIABLnY !. ANY NJTO _ 1U ONNEn HITes :-:- 8CHEDULED AUTOS ~ HIRED AUTOS !. NON-CNNED AUTOS 21 UECTEOl66 07/24/06 07/24107 OOMBINEDSlNG..EUMT (EaltOCldlntl 11,000,000 BrolLY1NJURY (P<<penlon) . BCD1LY INJURY (~acdderrll . PROPERTY DAMA~ (P<<aocldent) . ~LlAR.rrY I ANY NJ1'O .!!.,eEIlIIUIERELLA UABLII'Y ---.J OCOJR 0 ClAIMS MADE I oeoucnBlE I ~TENTICW S B ..-ERllC<ll8'ENMY1ON_ 1WC3118836 EIIP\.O'IER8'LIABLIfY ANY PROPRIETClVPARTNERlEXEaJnVE a=ACEMEMBEREXCWOED? g~dIIal~~N8be/cM or""R AUTOON\..'1.EA"CC'iDen S EA ACe . artiER THAN AUTO ONLY: EA01 OCOJRRENCE AOOREGII.. 01/20/07 01/20108 DEaatPTION OF CIIERATIONII L.OCATICII8IYBtIa.E81 EXQ.U80N8 ADDeD BY ENDCR.IENT I SPE~ PR<M8ION8 - Supplemental Name- P1aymaker Serv_ LLC dba Way COol Playground.. Inc. P1aymaker Serv_ Mansgement Waycool Playgrounda, Inc. (888 Attached Deecr1pllan8) CERIlFICATE HOLDER CANCELLAll0N City of Miami Beech Property Management Division 1245 Michigan Ave Miami, FL 33138 QuotatIon lJVA.QT1PG-07 SHOULD NlYOFTHE ABOVE DEICR8!DPOUCES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE I88UING IN8URERWlLL ENDEAVCIt TO MAL ~ DAY8NUTTEN NanCE TOTtE CERTIFICATE HOLDER NNIED TOTtE LEFT, BUT FAlL.URE TO DO 80 aw.L 1~ NO OBLIGATION CR LIAILIJV OF MY KIND UPON THE !HalRER. ITBAGENTS OR REPRE8BfTATIVEiI. ED~TNE ACORD 25 (2001108) 1 of 3 fS58~592390 MZRER " ACORD CORPORATION 1888 USI 1/11/2007 1:33:55 PM PAGE 3/00'1 Fax Server . IMPORTANT If the certficale holder is en ADDI1l0NAL INSURED, the poIicy(ies)""'81 be endorsed. A stetement on this certficate does I1<ll corter riglts to the certficale holder in lieu of such end<nemen~ s). If SUBROGATION IS WAIVED, subject to the terms and condkions of the policy, certein policies may require en endorsement. A statement on this certificate does I1<ll corter rigltS to the certficate holder in lieu of such endorsement(s). DISCLAIMER The Certficale 01 Insurance on the reverse side of this form does I1<ll constnl1e e contract belween the issuing insurer(s), el1horized representative or producer, end the certficate holder, nor does I affirmatively or negatively emend, extend or elter the covemge afforded by the policies listed thereon. ACORD 25-8 (2001/08) 2 of 3 #S5928061M592390 USI 1/11/2007 1:33:55 PM PAGE 4/004 Fax Server . 'Except 10 days for Non.Paymsnt of Premium RE: Quotation IVA..QT1 PG-07 CeIllflcate hold.... sddltlonallnaured with regsrd to generalllsblllty when required by written contract. This Certlf1cate supercedaa sny previously Iasued. . AMS 25.3 (2G01108) 30f3 #S5928061M592390 ....". .-. ~ ~." l iEl.rZ@.> . '" ' ',~t;1 .. c...U"~__ ~ p.l.. ...e '.. Anne M. Gannon, Tax Collector P. O. Box 3353 West Palm Beach, FL 33402-3353 www.pbcgov.com/tax Tel: (561) 355-2272 PL'AYMAKER SERVICES LLC MAXWELL JOEL B 1855 DR ANDRE'S WAY #2 DELRAY BEACH FL 33445.4658 Account Number: 2005-15621 Dear Business Owner: This is your new local business tax receipt. Please keep the upper portion for your records and detach the bottom of this form. Verify the information and display it conspicuously at your place of business, open to the view of the public. This receipt is in addition to and not in lieu of any license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 72-7). Receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is surrendered and a transfer fee is paid. Receipts may be transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt. This receipt expires on September 30, 2007. Renewal notices are mailed at the end of July. If you do not receive the notice by the middle of August, please let us know. I hope you have a successful year. Tax Collector ..~. DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS ~.. 2005-15621 STATE OF FLORIDA 00-020 PALM BEACH COUNTY CLASSIFICATION LOCAL BUSINESS TAX RECEIPT EX PI RES: S E P T EM B E R - 3 0 - 2 0 0 7 PLAYMAKER SERVICES LLC MAXWELL JOEL B ** LOCATED AT 1855 DR ANDRE'S WAY #2 DELRAY BEACH FL 33445 CNTY $33.00 TOTAL $33.00 This receipt is hereby valid for the above address for the period I THIS IS NOT A BILL. DO NOT PAY I beginning on the first day of October and ending on the thirtieth day of September to engage in the business, profession or occupation of: PLAYGROUND EQUIP SALES PAID. PBC TAX COLLECTOR $33.00 OCC 049 031881 08-25-2006 ANNE M. GANNON TAX COLLECTOR, PALM BEACH COUNTY THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR RESTRICTION: OWNER: BUSINESS NAME: LOCATION: CLA:!SIFICATION: OCCUPATI &CON BUS.OFF.ONLY!NO CLIENTSIE, CORP PLAYMAKER SERVICES, 1855 DR ANDRE'S WA BUSINESS OFFICE CITY OF DELRA Y BEACH L LICENSE RATION ON 2259 LICENSE NO 07 00036252 CONTROL NO 123065 DATE ISSUED: 9/28/06 LICENSE FEE: 142,00 DELINQUENT FEE: .00 TRANSFER FEE: .00 I TOTAL AMOUNT PAID: 142.00 I PLAYMAKER SERVICES, LLC 1855 DR ANDRE'S WAY #2 DELRAY BEACH FL 33445 LICENSE ISSUED FOR THE PERIOD OCTOBER 12006 TO SEPTEMBER 30 2007 CENSE MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT BUSINESS LOCATION Notice: This license becomes NULL and VOID if ownership, business name, or address is changed. Licensee must apply for Transfer. CITY OF DELRA Y BEACH OCCUPATIONAL LICENSE INFORMATION DATE ISSUED: 9/28/06 LICENSE ISSUED FOR THE PERIOD OCTOBER 1 2006 TO SEPTEMBER 302007 . Please conspicuously post this current occupational license so that it is able to be viewed by anyone upon entering your place of business. . This occupational license represents proof of payment of your occupational license fee for the period October 1 to September 30. Continuous licensure can be an important asset for certain business users; please exercise diligence in maintaining this license. . Once you have obtained a Delray Beach occupational license, you will be sent a renewal notice each year 30 to 60 days before expiration to the address indicated on the face of the license. Please check all license information and if there is an error, report it to us immediately. The City may impose fines and penalties for failure to renew this license. . If you change your business name ownership or location, you must make a new appiication for the change and pay a $i 2.50 transfer fee. The occupational license must be surrendered prior to issuance of the new license. The back of the license must be signed and dated by the previous owner and indicated that all rights, interest, and title of the business is assigned to the new owner. . If you have more than one business location, you must obtain a license for each location. . A separate license is issued for each use performed within your business. Please check with us if you have any questions regarding the classification of your business by visiting us at 100 NW 1 st Avenue, our website at MyDelrayBeach.com, or calling us at (561) 243-7209. DfUl.AY8EACH ~'_A'~i ...-tny l' III! 19~J3 1001 Notice: The issuance of this license is a result of a payment of the occupationa/license tax and shall not be interpreted as: permitting the business to supercede the zoning code of the City, an endorsement by the City of a business, nor certification by the City of the competence of a business. . ..... ,.. .....__............,. ....._......._.._..n .'.."" """""',"'''' ".,.....', ...~, ...._.."..,......._.... .ml AG# 2815442 . . , /.'~,' . . STATE OF FLORIDA DEPAaTMBNT OF BUSINESS ANDPROFESSIONALREG~TION . . ...... ,CONSTRUCTION INPI1.STRY ~IGEl'l'IlING;:aOA:RO 'SEQ#LQ609140S753 . . LICENSE Nl:IR ,~';r''l!~)E",~}1::~<, ~ ' ,-.., , ~ '.._-" . 09 i4 2006 0:60i75543" CBci25032..t:~"":.,tif:':,!(,.,,,~;H~,~,,...> The' . BUILD'IN"G' C"~-RA...inO""" :. ,':~':""":V:::"";' ':.' .;,...".. ..'... v.&.,-.a,; ~"". "" 'Jr~'l:" " .~~ " .' ,"'" " Na1IIad below IS CERTIli'xiim .i '\';,'!h,,, i:',' fTt;:.~ . , ':: ',.H' ~ ' ,,' :,.:,.,' , . ~ I t1nd,;,r the provisionll of Chap~@.,";" ")l1r~~,'\:,;:(" ,ok;,! . ~:Lratioll. date. AUG 31, 200~i~~' ~;;+ ~W&~ . (,'\:J, .,h ,1~)' ,,' CORBl!1ILLlil, CARL .GLAUDE. '.. .'\.. ~>;~:[,i..': , /', :i' CARL CORBEILLE CONSTRUCTION' INC"."\' ~:",":'" ,:,::,..>' ,44339 I'ORES't VIEW ROAD .. "':""i" \V, .,':~>' DELAND PI, 32720'''''"",""" i I , ~ I." :', ' JEB ' BUSH . GOVEXQroR .'{'" ./' "'.' ':SI!<<Qm: MARS'l'ILLER '. SECRETARY ;:;." ;;~:;:~: '..,' DISP~Y AS Ri:OUIREOBV LAW . . ....,...'....,.........................n.".'........_......H.....H...H......nH...... i SITATE OF FLORIDA . . I " OEPARTMEN't OP'BUSINESS AND,PROFESSIONAL REGULATION . ..'C9;NSTll.UCTJ;9NI~tl'$TRY. LICENS~NG :BOARPSr:Q#LP6Q9UQQ151 , ." ,,~..'-- . . LICENSE NBD . ,. ,\.",", , "'r' <', . . . "~,.;:t~..-:. ,.lf~~..;..~l>_' ~:.,:-l.(J' O 9 '~4' '2:0' '0":6: O""6;0'!l.' ''7: "5'54 '1' ': " ';'5' 0.' 2 4' 2' ',A "'i~'\~,;;,, "l:.~i:' J!.,;p). ';:'<' .&. . , " '.' Q " ...L'Y.,,..,,. 'lI"o.r::~ ....'",.~.. .',1;,;,.. 1,.- ~ .. The"BUS]::NE;b<i'OR"';''''IzA'l'ION'''' ';":,::""1'. c",>, ,...,~,~\ c.... ""':f:"" '.. ~'1 " 9'''~':J.:'' I:,~> "'.~' .~' .~.!",:"'~I"'>1 Name!l-,:peJQ';V :3;$ ~:eALI':tED;',},::~,..'... 1,. ..r :~h~':rl U~419~the proV'isio'l",s of Chap~'. -~1t,i\.,,,,,,,,jP!1 Expiration date.AUG 3,1, 2QO'i'~ ;,l' "-'''C'',i<'ii>i!,,;' Cia (T:!!![~'cII3 ~'f'A., ,:,~C~.1il. }J,'Q .~. . .;; ., Q~S. CqKP~:,~q,ElQI3'Q'SImm~,QNl;<~o ,: . ,.pc ll..) " CARL:'/CQRBE.ILLE. CONST":':'''''ti'';'';' Ii.T(!: '~.;;"nlji". I . _' >:' 4..33.9'... '" V"'-;'~'!" ....' ..~:."',.."'~..~..'" ~'." ," " '".ORES... .', ...... RO....., . ,'. . ,",c" ',;>.. ",..,,,~,,.;. "S,," OlllLAND . "..... PI, 32720 "<::()i) \,,;' " ~:.,..., . , ' <~.~, =:.,~ ".' ..,.,'.' --------'1 AC# 2807826 ". ,I, ".:'..," , I':' ", JEB.. BUSH GOVERNOR , . ~; , '. ;.:::>:/~.'~ flISPI AY AFl R;;;OlJIRFn BY I AW . . siMONE MARSTILLER . 'SECRETARY _______..J .... 10 39\1d 3llI3a~O~X) ~6S1699lSE 10:91 L00~/60/10 COMMERCIAL Product Warranty Statement Full One-Year Warranty Little likes Commercial Play Systems Inc (L rCPS) warranty that if any components of the products fail due to defe<ts in workmanship or materials. within one year from date of delivery, LTCPS will repair or replace, free of charge, all parts found defective, In addition, the following limited warranties apply from date of delivery for the following LTCPS products and components: Lifetime. LimiWlWarraPty on Kid Builders" aluminum posts for the life of the product under normal use and proper maintenance and against structural failure due to corrosion or deterioration from exposure to weather caused by defects in materi als and workmanship. Umlted 10 Year Warranty on all MaxPiay", Kid Builders" and Play Builders' polyethylene slides, enclosures, and plastic components against structurai failure caused by defects in materials and workmanship. LlfJltlrnlLumltecLwammty on MaxPlay", Kid Builders-, and Play Builders" stainless steel hardware for the life of the product under normal USe and proper mainte. nance and against structural failure due to corrosion or deterioration from exposure to weather caused by defe<ts in materials and workmanship, Umlted 3 Year Warranty on all Playground Sculptures and PlayCenter polyethylene slides, endosures, main structure, decks and plastic components against failure caused by defects in materials and workmanship. The above menlioned warranties do nol include any cosmetic issues. e.g__ scralches, denIS, marring, fading of colors and discoloralion 01 wood due 10 weathering. and arB valid only if lhe produclS ore installed in conformify wilh lhe layoul plan andlor installation inslrudions furnished by LTCP$; hove been m oinlolned ond inspected in accordance wilh lTCPS's inslrudions; have nol been subjected to misuse, negligence or occident; hove nol been subjecled to addffion or subslilulion of perls; and huve nol been In odified, alleced or repaired by persons olher thon tTCPS or tTCPS's designees. Lobar and Umlted 15 Year Warranty on MaxPlay"', Kid Builders", and Pl.,y B\Jildecs" main struth"", against structural failure due to corrosion or deterioration from exposure to weather caused by defects in materials and workmanship, This warranty includes only the galvanized steel posts, vinyl clad decks, rails, loops, and rungs that comprise the main structure, Urn Ited 3 Year Warranty on Kid Tiles", Kid Timbers" Border Panels and all Kid Riders'" products (excluding spring assemblies) against structural failUrE' due to defects in materials and workmanship. damage ",sulling from vumfolism, abnormol use. loconed installalion, or lock of mainlenance ore nol covered by this warranty. lxcepi os specifically slolad herein, 011 warranlies,express or implied, Including bul nollimited 10 any implied warranty of MERCHANTA8iLlTY or fitness lor a porlicular purpose ore hereby lXCtUDLD. This warranly excludes any liabiliiy oIher Ihan expressiy stated including bulnol limited loony incidenlol Of consequential damages. SOUTH SHORE COMMUNITY CENTER RAINBOW DAYCARE PLAYGROUND RENOVATIONS . QUOTATION NO: V A-QT1PG-07 1.0 GENERAL CONDITIONS 1.1 SEALED QUOTATION: Original copy of Quotation Form as well as any other pertinent documents must be returned in order for a Quote to be considered for award. All Quotes are subject to all conditions specified in this Quotation document. The completed Quotation Form must be submitted in a sealed envelope clearly marked to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Bcach, Florida 33139. Quotation Forms submitted by fax (305-673- 7650) wiD also be accepted. 1.2 EXECUTION OF QUOTE: Quote must contain a manual signature of an authorized representative in the space provided on the Quotation Form. Failure to properly sign the Quotation Form shall invalidate same and it shall NOT be considered. All Quotes must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the quote. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original Quote CANNOT be changed or altered in any way. Altered Quotes will not be considered. 1.3 NO QUOTE SUBMITTED: If not submitting a quote, respond by returning the enclosed Quotation Form questionnaire, and explain the reason. Repeated fuilure to not quote without sufficient justification may be cause for removal of a Contractor's name from the City's quote mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the Quotation specifications. In case of discrepancy in computing the amount of the Quote, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). Discounts for prompt payment. Award, ifmade, will be in accordance with terms and conditions stated herein. Each item must be quoted separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award ofQuote(s). QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 4 1.5 TAXES: The City of Miami Beach is exempt from all Federal excise and State taxes. State Sales Tax and Use Certificate Number is 23-09-329871-S4C. 1.6 MISTAKES: Contractors submitting quotes are expected, and solely responsible for examining the specifications, delivery schedules, quotation prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the Contractor's risk. 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this Quote shall be the latest new and current model offered (most current production model at the time of this Quote). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the Quotation documents, all manufactured items and fabricated assemblies shall be Underwriters Laboratories listed or re-exan1ination listing where such has been established by Underwriters Laboratories for the item( s) offered and furnished. 1.9 WAIVER OR REJECTION OF QUOTATIONS: The City ofMiarni Beach reserves the right to waive irregularities or technicalities in Quotes or to reject all Quotes or any part ofa Quote as it deems necessary in the best interest of the City. 1.10 EQUlV ALENTS: If Contractor offers makes of equipment or brands of supplies other than those specified in the Quotations Documents, he must so indicate in its Quote. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufucturer. Brand Names: Catalog numbers, manufucturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Contractors shall formally substantiate and verifY that product(s) offered conform with or exceed quality as listed in the specifications. Contractor shall indicate on the Quotation Form the manufucturer's name and number; if quoting other than the specified brands, and shall indicate ANY deviation from the Quotation specifications as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate detail(s) conformance with specifications and MUST BE INCLUDED WITH THE QUOTE. NO QUOTES WD...L BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the Quote will be considered as having included and taken into account compliance with the specifications as listed in the Quotation documents. QUOTE NO: V A-QTlPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 5 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications. Items delivered, not conforming to specifications may be rejected and returned at Contractor's expense. Those items not delivered as per delivery date in Quote may be purchased on the open market. Any increase in cost may be charged against the Contractor. Any violation of these stipulations may also result in Contractor's name being removed from the City's vendor list. 1.12 SAMPLES: Samples of items, when required, must be furnished at Contractor's sole cost and expense. Contractors will be responsible for the removal of all samples furnished within thirty (30) days after Quote opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with Contractor's name. Failure of Contractor to either deliver required samples or to clearly identifY samples may be reason for rejection of the Quote. Unless otherwise indicated, samples should be delivered to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida 33139. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City, Monday through Friday, excluding holidays. 1.14 AWARDS: When deemed to be in the best interest ofthe City of Miami Beach, the City reserves the right to reject all Quotes or any portion of any Quote as it deems necessary; to accept any item or group of items unless qualified by the Contractor; to acquire additional quantities at prices quoted on the Quotation Form unless additional quantities are not acceptable, in which case the Quotation Form must be noted "QUOTE IS FOR SPECIFIED QUANTITY ONLY". 1.15 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title tolor risk of loss or damage to all items shall be the responsibility of the Contractor until acceptance by the City unless loss or damage resulting from the sole negligence by the City. If the materials or services supplied to the City are found to be defective or not conform to Quotation specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return product at Contractor's expense. 1.16 PAYMENT: Payment will be made by the City after the items have been received, inspected, and found to comply with Quote specifications, free of damage or defect and properly invoiced. 1.17 DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City shall be final and binding on all parties. QUOTE NO: V A-QTIPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 6 1.18 LEGAL REQUIREMENTS: Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Contractor will in no way be a cause for relief from responsibility. 1.19 PATENTS & ROYALTIES: The Contractor, without exception, shall indelJll1iJy and save hannless the City of Miami Beach, Florida, its officers, employees, agent, and contractors, from liability of any nature or kind, including, without limitation, cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufuctured or used in the performance of the Contract, including its use by the City of Miami Beach, Florida. If the Contractor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the Quote price shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 1.20 OSHA: The Contractor warrants that the products supplied to the City shall conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the Contractor. 1.21 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General Conditions of this Quotation shall take precedence. 1.22 ANTI-DISCRIMINATION: Contractor certifies that he/she is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or naIional origin. 1.23 AMERICAN WITH DISABILITIES ACT: Call (305) 673-7490NOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance please call the Heidi Johnson Wright at the Public Works Department at (305)673-7080. 1.24 QUALITY: All materials used for the manufucture or construction of any supplies, materials or equipment covered by this Quotation shall be new. The items quoted must be new, the latest model, of the best quality, and highest grade workmanship. 1.25 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where Contractor is required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of this Quotation, the Contractor will QUOTE NO: V A-QTIPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 7 assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami- Dade County and City of Miami Beach Building Code requirements and the Florida Building Code, all as may be amended. The Contractor shall be liable for any and all damages or loss to the City occasioned by negligence of the Contractor, its subcontractors, or any other persons the Contractor has designated in the completion of the Contract as a result of its Quote. 1.26 PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Upon acceptance of Quote, the City will require the successful Contractor to submit a performance bond and certificates of insurance in the amount specified in the Special Conditions. 1.27 DEFAULT: Failure or refusal of a Contractor to execute a Contract upon award, or withdrawal of a Quote before such award is made, may result in forfeiture of that portion of any surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, fuilure to execute a Contract, as described above, may be grounds for removing the Contractor from the City's vendor list. 1.28 CANCELLATION: In the event any of the provisions of this Quote and/or the Contract are breached by the Contractor, the Property Management Director shall give written notice to the Contractor stating the deficiencies, and unless such deficiencies are corrected within ten (10) days, recommendation will be made for inunediate cancellation. Additionally, the City reserves the right to terminate any Contract resuhing from this Quotation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party. 1.29 BILLING INSTRUCTIONS: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted in DUPLICATE to the attention of: City of Miami Beach Property Management Division, 1245 Michigan Avenue, Miami Bcach, Florida 33139. 1.30 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 A.M. to 5:00 P.M. 1.31 SUBSTITUTIONS: The City WILL NOT accept substitute shipments of any kind. Contractors are expected to furnish the brand quoted in their Quote. Any substitute shipments will be returned at the Contractor's expense. 1.32 FACILITIES: The City reserves the right to inspect the Contractor's fucilities at any tin1e with reasonable prior notice. QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 8 1.33 QUOTE TABULATIONS: Contractors desiring a copy of the quote tabulation may request same by enclosing a self- addressed stamped envelope with the quote. 1.34 CLARIFICATION AND ADDENDA TO QUOTE SPECIFICATIONS: Any Contractor contemplating submitting a Quote who is in doubt as to the true meaning of the specifications or other provisions in the Quotation documents, must submit to the attention of: City of Miami Beach Property Management Director, 1245 Michigan Avenue, Miami Beach, Florida, 33139 (or fax (305)673-7650), at least two (2) calendar days prior to scheduled Quote opening, any written request for clarification and/or interpretation. All such requests must be made in writing and the Contractor submitting the request will be responsible for its timely delivery and/or fax transmission. Any clarification and/or interpretation of the Quote, if made, will be made only by written Addendum duly issued by the City of Miami Beach Property Management Director. A copy of such Addendum shall be sent by mail or facsimile to each Contractor receiving the Quotation documents. In the event of conflict with the original Quotation documents, Addendum shall govern to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The Contractor shall be required to acknowledge receipt of Addendum by signing in the space provided on the Quotation Form. Failure to acknowledge Addendum may deem a Quote non-responsive; provided, however, that the City may waive this requirement when in its best interest. The City will not be responsible for any clarifications or interpretations made verbally. 1.35 DETERMINATION OF QUOTE AWARD: The City shall award the Quote to the lowest and best Contractor. In determining the lowest and best Contractor, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the Contractor to perform the contract. b. Whether the Contractor can perform the work within the time specified, without delay. c. The character, integrity, reputation, judgment, experience and efficiency of the Contractor. d. The quality of performance of previous contracts. e. The previous and existing compliance by the Contractor with laws and ordinances relating to the work. 1.36 ADDITIONAL CONSIDERATIONS FOR DETERMINATION OF QUOTE AWARD: 1) Pre-award inspection of the Contractor's fucility may be made prior to the execution of a Contract. Quotes will only be considered from finns which are regularly engaged in the business of providing the goods and/or services as described in the Quotation documents. Contractors must be able to demonstrate a good record of performance for a reasonable period oftime, and have sufficient financial support, equipment and organization to insure QUOTE NO: V A-QTIPG-07 DATE: 12/27106 CITY OF MIAMI BEACH 9 that they can satisfactorily execute the work if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Contractor, including past performance (experience) with the City in making the quote award in the best interest ofthe City. 3) The Property Management Director may require Contractors to show proof that they have been designated as authorized representatives of a manufucturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Contractor's Quote may render the Quote non-responsive. 4) The City may review the Contractor's record of performance to ensure that the Contractor is providing sufficient financial support, equipment and organization as prescribed in this Quotation documents. 1.37 ASSIGNMENT: The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without the prior written consent of the City. 1.38 LAWS, PERMITS AND REGULATIONS: The Contractor shall obtain and pay for all licenses, permits and inspection fees required for this Project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herem 1.39 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in the Quotation documents from the Contractor. However, items that are to be Spot Market Purchased may be purchased by other methods, (i.e. Federal, State or local contracts). 1.40 ELIMINATION FROM CONSIDERATION: This Quote shall not be awarded to any person or firm which is in arrears to the City upon any debt, taxes or contracts which are defimlted as surety or otherwise upon any obligation to the City. 1.41 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The City is not obligated to place any order for a given amount subsequent to the award ofthis Quote. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City, for purposes of determining the successful QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 10 Contractor meeting specifications, may use said estimates in reaching a decision. 1.42 COLLUSION: Quotes from related parties: Where two (2) or more related parties each submit a Quote, such Quotes shall be presumed to be coUusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such Quotes. Related parties shall mean, in this case, respondents to this Quotation, or the principals thereof which have a direct or indirect ownership interest in another respondent for the same Quotation, or in which a parent company or the principals thereof have a direct or indirect ownership interest in another respondent for the same Quote. Quotes found to be collusive shall be rejected. Respondents who have been found to have engaged in collusion shall be considered non-responsive, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.43 DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: . The Contract resulting from the award of this Quotation (if applicable); then . Addenda released for this Quotation, with the latest Addendum taking precedence; then . The Quotation; then . Contractor's Quote in response thereto. 1.44 REASONABLE ACCOMMODATION: In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Quotation opening becanse of a disability must contact Heidi Johnson Wright at the Public Works Department at (305) 673-7080. 1.45 GRATUITIES: Contractors shall not offer any gratuities, fuvors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Quotation. 1.46 SIGNED QUOTE CONSIDERED AN OFFER: The signed Quote shall be considered an offer on the part ofthe Contractor, which offer shall be deemed accepted upon approval by the City, In case of defuult on the part of the successful Contractor, after such acceptance, the City may procure the items or services from other sources and hold the Contractor responsible for any excess cost occasioned or incurred thereby. 1.47 TIE QUOTES: In accordance with Section 287.087, Florida Statutes, regarding identical tie quotes, preference will be given to Contractors certifYing that they have implemented a Drug Free Workplace Program. A certification form will be required at that time. QUOTE NO: V A-QTlPG-07 CITY OF MIAMI BEACH DATE: 12/27106 II 1.48 PUBLIC ENTITY CRIMES (PEe): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction orrepair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, Florida Statutes, fur CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 12 SOUTH SHORE COMMUNITY CENTER RAINBOW DA YCARE PLA YGROUND RENOVATIONS QUOTATION NO: V A-QT1PG-07 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this Quotation is to award a contract, by means of sealed quotes, to a qualified Contractor, for the RAINBOW DA YCARE, PLAYGROUND RENOVATIONS, as specified in the Quotation Form. 2.2 METHOD OF AWARD: Award of this Contract will be made to the lowest responsive, responsible and best Contractor whose Quote will be in the best interest ofthe City of Miami Beach. 2.3 PAYMENT: Payment will be made upon final completion of this Project. The City will pay the Contract price, minus any liquidated damages and/or other damages, upon final completion and acceptance. 2.4 [Intentionally Omitted) 2.5 INSURANCE AND INDEMNIFICATION: (See Check List for applicability to this Contract) The Contractor shall be responsible for its work and every part thereof, and for all materials, tools, appliaoces and property of every description, used in connection with this Project. It shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Contractor is acting as an independent contractor. The Contractor, at all times during the full duration of work under this Contract, including extra work in connection with this Project, shall meet the following requirements: Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory requirements of the State of Florida. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see check list for specific insurance limits) to protect the Contractor and the interests ofthe City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This QUOTE NO: V A-QTIPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 13 policy is to provide coverage for premises/operations, independent contractor, broad form property damage, products/completed operations and contractual liability. Maintain Automobile Liability Insurance including Property Damage covering all owned, non- owned or hired automobiles and equipment used in connection with the work. Maintain any additional coverage required by the City's Risk Manager as indicated on the Insurance Check List. Name the City of Miami Beach, Florida, as an additional insured on all liability policies required by this Contract. When naming the City of Miami Beach as an additional insured, the Contractor's insurance companies must agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. A copy of the endorsement(s) naming the City of Miami Beach, Florida, as an additional insured is required and must be submitted to the City's Risk Manager. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City's Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating ofat least B+:VI or better per Best's Key Rating Guide, latest editiorL Original signed certificates of insurance, evidencing such coverages and endorsements, as required herein, shall be filed with and approved by the City's Risk Manager before work is started. The certificate must state Quote Number and Title. Upon expiration of the required insurance, the Contractor must submit updated certificates of insurance for as long a period as any work is still in progress. It is understood and agreed that all policies of insurance provided by the Contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this Contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguard9 have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indenmity and hold harmless agreement. The proceeding indemnity and hold harmless agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction: "The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for QUOTE NO: V A-QTIPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 14 . bodily injuries to the public in and up to the amount of $1,000,000.00 for each occurrence and for aU damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals arising out of any such claims or suits because of any and aU acts of omission or commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the Project under contract" . The Contractor will notifY its insurance carrier without delay of the existence of the indemnity and hold harmless agreement contained within this Contract, and furnish a copy of the said agreement to its insurance agent and carrier. The Contractor will obtain and maintain contractual liability insurance in adequate limits fur the sole purpose of protecting the City of Miami Beach under the preceding indemnity and hold harmless agreement from any and all claims arising out of the contract. The Contractor will also be responsible for securing and maintaining policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the Contractor and its subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Contractor and its subcontractors of their liabilities and obligations under any section or provisions of the Contract. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractor, and of persons employed by them, as it is for acts and omissions of persons directly employed by it. Insurance coverage required in the Quotation document and Insurance checklist shall be in force throughout the Contract term. Should any Contractor fail to provide acceptable evidence of current insurance within seven (7) days of receipt of written notice at any time during the Contract term, the City shall have the right to consider the Contract breached, thus justifYing the termination thereot: If Contractor cannot meet the insurance requirements, alternate insurance coverage, aI the sole discretion of the City and satisfactory to the City's Risk Manager, may be considered. QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 15 INSURANCE CHECK LIST xxx 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. ,. xxx 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000.000.00 per occurrence for bodily injury property damage to include Premises! Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Indemnity and hold harmless endorsement exactly as written in "insurance requirements" of specifications). xxx 3. Automobile Liability - $1,000,000 each occurrence - ownedlnon-ownedlhired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. xxx 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _ Builders Risk completed value _ Liquor Liability _ Fire Legal Liability _ Protection and Indemnity _ Employee Dishonesty Bond Other $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 xxx 7. Thirty (30) days written cancellation notice required. xxx 8. Best's guide rating B+:VI or better, latest edition. xxx 9. The certificate must state the quote number and title CONTRACTOR INSURANCE STATEMENT: I hereby acknowledge and agree to insurance requirements contained in the Quotation documents, and hereby agree to provide the City with evidence of all required insurance coverage, to be included in the Quote. / Signature of Contractor {f r-; t ( ;t1 'fjc <v'C tr ffi/l-r'j"7;-t e;r t er Print Namel Title '7 QUOTE NO: V A-QT1PG-07 DATE: 12/27106 CITY OF MIAMI BEACH 16 2.6 CONTACT PERSON: For any additional information regarding the specifications and requirements of this Project, inquires should be made in writing to the attention of: City of Miami Bcach Property Management Director, 1245 Michigan Avenue, Miami beach, Florida, 33139, or by fax . at (305) 673-7650. 2.7 SAMPLES: The Contractor shall provide upon request, a complete and accurate sample of the product(s) which it proposes to furnish. 2.8 BID, PERFORMANCE AND PAYMENT BOND: Not required on this Project. 2.9 LIQUIDATED DAMAGES: The Contractor agrees to pay the City liquidated damages in the amount of$200 per calendar day beyond the thirty (30) day substantial completion date specified in the Contract. 2.10 WARRANTY: The Contractor will be required to warranty all work performed. The work performed by remodeling the interior space of the Auditorium will require a minimum manufacturer warranty of one (1) years on the product, and one (1) year on workmanship or installation of material. 2.11 REFERENCES (PROVIDE 4 REFERENCES; PLEASE SEE PAGE 25) 2.12 COMPLETE PROJECT REQUIRED: The Quotation documents, and the specifications described herein, outline the various items or classes of work required, enumerating or defining the extent of same necessary, but the City's fuilure to list any items or classes under scope of the several sections shall not relieve the Contractor from furnishing, installing or performiog such work where required by anypart of these specifications, or necessary to the satisfactory completion of the Project. 2.13 FACILITY LOCATION: The South Shore Community Center building is located at 833 Meridian Avenue, Miami Beach, F133139 2.14 CONTRACTOR QUALIFICATIONS: In order for Quotes to be considered, Contractors must submit with their Quote evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certifY that the Contractor: maintains a permanent place of business and office in the South Florida area; has technical knowledge and practical experience in the type of equipment required for work on the Project; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his QUOTE NO: V A-QTIPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 17 work; and has provided scope of work to similar size projects as the Project outlined herein. The evidence will consist of listing of work that has been provided to public and private sector clients, (ie. nature of work and nurnber of similar projects completed within the last three (3) years). 2.15 COMPLETE INFORMATION REQUIRED ON QUOTATION FORM: All Quotes must be submitted on the form(s) attached in the Quotation documents and all blanks filled in. To be considered a valid bid, the ORIGINAL AND ONE COPY of the Quotation Form and all required submittal information must be returned, properly completed, in a sealed envelope as outlined in the Section 1.1 of General Conditions. QUOTE NO: V A-QTlPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 18 Section 3 MEASUREMENT AND PAYMENT 3.1 Measurement of Quantities - All work completed under this Contract shall be measured by the Property Management Director, according to United States Standard Measures. All measurements shall be taken horizontal or vertical, except for paving surfuces, which will be taken along the actual surfuce ofthe pavement. No allowance shall be made for surfuces laid over a greater area than authorized or for material moved from outside of slope-stakes and lines shown on the Plans, except where such work is done upon written instructions of the Property Management Director. 3.2 Scope of Payments - It is understood and agreed that the Contractor shall receive and accept the prices and rates, as herein specified, in full payment for furnishing all materials, labor, equipment, and tools, and for performing all the work contemplated and embraced in the Quotation documents and the specifications herein, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or for any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until its final acceptance as hereinafter provided for, and also for all risks of every description and all expenses incurred by or in consequence of the suspension or discontinuance of the work as herein provided for, or for any infringement of patent, trademark, or copyright, and for the completion of the work in accordance with the Quotation documents, the specifications, and Contract. 3.3 Payment and Compensation for Altered Quantities -When alterations in plans or quantities of work not requiring supplemental agreements as herein before provided for are ordered and perfonned, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done; no allowance will be made for anticipated profits; increased or decreased work involving supplemental agreements shall be paid for as stipulated in such agreement. 3.4 Force Account Work - All extra work done on a "Force Account" basis shall be perfonned by such labor, teams, tools, and equipment as may be specified by the Property Management Director, and will be paid for in the following manner: (a) For all labor, teams, and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages, to be agreed upon in writing before starting such work, for every hour that said labor, teams, and foremen are actually engaged in such work, to which shall be added an amount equal to fifteen (15) percent of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the contract such as picks, hand shovels, plows, etc. In addition to the above, the Contractor shall receive the actual cost for Social Security taxes, unemployment insurance, and Workmen's Compensation insurance involved in such force account work, based on the actual wages paid the said labor and foremen. No percentage will be added to the cost of such taxes or insurance. (b) For all materials used the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by the original receipted bills, but no percentage shall be allowed on QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 19 the cost of such materials. (c) For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps, and hoists, also industrial railway equipment, crushers, etc., required for the economical performance of the work, the Property Management Director shall allow the Contractor a reasonable rental price to be agreed upon in writing before such work is begun, for each and every hour that said special equipment is in use on the work, to which sum no percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment in full for extra work done on a force account basis. The Contractor's representative and the Project Manager shall compare records of extra work done on a force account basis at the end of each day. Copies of these records shall be made in duplicate upon a form provided for this purpose by the Project Manager and signed by both the Project Manager and the Contractor's representative, one copy being forwarded, respectively, to the Property Management Director or authorized representative, and to the Contractor. All claims for extra work done on a force account basis shall be submitted as hereinbefore provided by the Contractor upon certified statements, to which shall be attached original receipted bills covering the costs of and the freight charges and hauling on all materials used in such work, and such statements shall be submitted to the Property Management Director on the current estimate of the month in which work was actually done. 3.5 Omitted Items - The City shall have the right to cancel the portions of the Contract relating to the construction of any items therein by the payment to the Contractor of a fair and equitable amount covering all items incurred prior to the date of cancellation or suspension of the work by order ofthe Property Management Director. 3.6 Partial Payments - If the work progresses according to Contract, the Contractor will be paid monthly ninety (90) percent of the value of the work completed, and materials furnished by the Contractor under these specifications, when such materials have been delivered, inspected, and payments satisfactorily vouched for to the Property Management Director, provided the materials, in the judgment of the Property Management Director, are such as will probably be incorporated in the work within thirty (30) days; ten (10) per cent of the amount due being reserved until a final settlement after the completion of the work. Contractor shall provide PARTIAL RELEASE OF LIENS with each application for payment. It is understood and agreed that the City may also deduct from any estimate, either partial or final, the amount of any unsatisfied claim against the Contractor for labor, materials, teams, equipment and/or other things as elsewhere provided hereirL Should any defective work or material be discovered previous to the final acceptance, or should a reasonable doubt arise previous to the final acceptance as to the integrity of any part ofthe completed work, the estimate and payment for such defective or questioned work shall not be allowed until the defect has been remedied and causes for doubt removed. The monthly payments shall be QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 20 approximate only, and all partial estimates and payments shall be subject to correction in the final estimate and payment. If the total amount of the retained percentage of the contract is greatly in excess ofthe uncompleted portion ofthe Contract the City, may allow the Contractor a portion of the suspended payment, provided that the City shall at all times retain an amount sufficient to enable it to complete the uncompleted work in the contract and liquidate unsatisfied claims. 3.7 Acceptance and Final Payment - Whenever the work provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the work have been approved by the Property Management Director, according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, after final inspection as provided herein, Contractor shall certifY such filet to the Property Management Director in writing, recommending the acceptance of the work. The amount of the final payment, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the final payment has been approved by the Property Management Director, provided that the Contractor has furnished to the City a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the work done under this Contract. Upon this final payment the City shall be released from all liability whatever growing out of this Contract. No final payment shall be made without the submittal of the following documents: the FINAL RELEASE OF LIEN, LETTER OF FINAL COMPLETION (or LETTER OF FINAL ACCEPTANCE) from the Contractor. QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 21 SOUTH SHORE COMMUNITY CENTER RAINBOW DAYCARE PLAYGROUND RENOVATIONS QUOTATION NO: V A-QT1PG-07 Quotation Form (Page 1 of2) Contractor shall renovate the entire Playground area at Rainbow daycare fucility, located at South Shore Community Center. Scope ofW ork: The Contractor shall remove all existing equipments and flooring material to be replace by new state of the art playground equipment and new flooring approved by current Codes apply to daycares fucilities. Contractor shall provide and installed a list of new equipments to include: Little Tikes Kidbuilder custom play structure, Ship Theme, 2-12 age group, Little Tikes Kidbuilder custom play structure, 2-5 age group, Little tikes Caterpillar Sculpture, Little Tikes Whale Spring rider, Little Tikes ATV Spring rider, Little Tikes 4 seat Teeter wI Bubble, Little Tikes ECH Learning lab TM Circle, Little Tikes ECH Learning Lab TM Oval, Iron Mountain Forge 6' Redwood bench wI back, Iron Mountain Forge Redwood Square Pedestal Picnic Table, Redwood Little Receptacle, Hobbs H20 Misting Rainbow Water Event, etc. Also included is the Shade Builder, 16'x32'xl0' Entryway, Mariners, 4 Post, 4 Top, ShadesureCIoth, installation and sealed drawings. Installation of pour in place Rubber Safety Surfuce, Crushed Stone Subsurfuce, excavation of site including, removal of Planter Boxes & Rubber Tiles. Contractor is also responsible for removal of existing Playground equipment. OUOTE LUMP SUM 1) Renovation of Playground as per specs and Quotation. $ /70/ Cf/'1. ~ TOTAL $/70/ '1/147. QUOTE NO: V A-QTlPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 22 , SOUTH SHORE COMMUNITY CENTER RAINBOW DAYCARE PLAYGROUND RENOVATIONS QUOTATION NO: VA-QT1PG-07 Quotation Form (Page 2 of 2) PROMPT PAYMENT DISCOUNT: (i.e., 2%/10;1%/20) ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE QUOTE MUST BE SUBMITTED IN DUPLICATE. SIGNED: By-.: It (I1'jX~ (( f/<r y....':' ff-<.r S".erv'<""J Lt. C d.bec lJ,,:y Cce f P/7J r~'-t".J5 ;~~ (I certify that I am authorized to execute this QUOTE and bind the quoting firm) SUBMITTED BY: COMPANY NAME: Contractors .!!!!!!! acknowledge receipt of Addendum (if applicable). Amendment No.1: Insert Date Amendment No.2: Insert Date NAMEITITLE (print): 7? r: / ( fZf 9)<'</(" I I ADDRESS: j /i').5'- 2 Dr, 11Ft led c.0. y / CITY/STATE: iJ~(tc,v 8~<1Cl PI ZIP: JJYY~ / / TELEPHONE NO: 5'((- .266-ofYL/ FACSIMILE NO: iiJJ-7}lt1-(,?76 QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 23 . SOUTH SHORE COMMUNITY CENTER RAINBOW DAYCARE PLA YGROUND RENOVATIONS QUOTATION NO: V A-QTIPG-07 CHECK LIST To ensure that your Quote is submitted in conformance with the Quotation documents, please verify thahfiU" habe lddbmid 'd t t e 0 owmg Items ve en complete an su tte as reqUIre . X Original and one copy of Quotation documents (including Quotation Form and aU submittal information) General Conditions Section 1.1 Special Conditions Section 2.15 X Execution of Quote General Conditions Section 1.2 EquivalentslEqual Product General Condition Section 1.1 0 Insurance and Indemnification (including Insurance Checklist) X General Condition Section 1.27 Special Conditions Section 2.5 BidlPerformance Bond (if applicable) General Condition Section 1.27 Special Conditions Section 2.11 X Warranty Special Conditions Section 2.13 Product/Catalog Information X References Special Conditions (Page 25) X Bidder Qualifications Special Conditions Section 2.17 Contractor's Questionnaire X (Page 26) QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 24 , SOUTH SHORE COMMUNITY CENTER RAINBOW DAYCARE PLAYGROUND RENOVATIONS QUOTATION NO: V A-QT1PG-07 CUSTOMER REFERENCE LISTING Contractor shaI1 furnish the names, addresses, and telephone numbers of a minimum offour (4) finns or government organizations for which the Contractor is currently performing or has performed similar work. 1) Company Name c~ .of D",,,,r-{-e-/ ~ , 5' E IP# 57-. /<'1' Ii f? e<H ~ Address Telephone Number 151- 'II'CJ - 'Ir'.2 '1 2) Company Name c.fy ",f 80-./'1 Ie", 'A~c, c~ , / Address 106 €" i3.Y"{...~ i3...,c~ f?J"d. 8"y~-t~ lJ<"'<'-~1 FJ , . "3 J''f'2 5, ~j ~l' Contact Person/Contract Amount J (;> v (<.. V<:c.5 I Telephone Number ~{, (- 7'1.-2 - 6.2.2(, 3) Company Name C,~y of iJJcs'f f,J"" f3.ec;,-~ Address / It?(J 5< ",f!-U'1 8/(/'/. !.t../ fJ IJ ' ;:::-1 33 'I" ~ . Contact Person/Contract Amount Leo <; [ R c c Ie e....-<:-I f Telephone Number 5'(1- ?Y5- 7v25" 4) Company Name c .. 'f-y o~ /711. Dt/f'q / Address 100 jJc."",J!;r Sf; /111. /J<'/"~, rl ;J2 75"/ Contact Person/Contract Amount ,,-;J,n !Jt..(1' f Telephone Number ::152- 75'f-7/?3 QUOTE NO: V A-QTIPG-07 DATE: 12/27106 CITY OF MIAMI BEACH 25 CONTRACTOR'S QUESTIONNAIRE . Information supplied in response to this questionnaire is subject to verification by the City. Inaccurate or incomplete answers may be grounds for disqualification from consideration for award ofthis Quotation. NOTE: . Submitted to City of Miami Beach, Florida: By PI<ty'IV..~(f<er Serl/,c-e>, LL C / ' Principal Office 1J~;t( I'l't~ tf /I1'f.....f"-4' /lfc....t<?r ./ How many years has your organization been in business as a General Contractor under your present business name? :3 Does your organization have current occupational licenses entitling it to do the work contemplated in this contract? Ye S State of Florida occupational license - state type and number: Dade County certificate of competency - state type and number: City of Miami Beach occupational license - state type and number: Include copies of above licenses and certificates with proposal. How many years experience in similar work has your organization had? (A) As a General Contractor (B) t1aq~~~~f;:2:1n {l.Y:J"'5~" ~{.'.J<- 9' vr 5 . / (C) What contracts has your organization completed? (use separate sheets ifnecessary) Contract Amt Class of Work w:J: COmDleted Name/Address of Owner 5' ~ IE /fife, <:-d Have you ever had a contract terminated (as prime contractor or sub-contractor, under existing company name or another company name) due to fuilure to comply with contractual specifications? !I! 0 If so, where and why? Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? ( /\1 0 QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 26 Way CooL ...a division of Playmaker Services, LLC - fl:aY.9younds PROJECT REFERENCE 9/14/05 $40,000.00 City of Greenacres Mike Shuey 5985 10th Ave. N Greenacres, Fl. 33463 561-642-2080 7/6/2005 $32,000.00 Panama City Veryl McIn~e 1900 W. 11 St. Panama City, Fl 32401 850-872-3199 31212005 $25,000.00 Walton County Parks 552 Walton Rd. P.O. Box 1355 Defuniac Springs, Fl. 32435 (850) 892 8703 7/24/2005 $70,000.00 City of West Palm Beach Leah Rockwell 1100 Southern Blvd. West Palm Beach, FL 33405 (561) 835-79025 121712005 $30,000.00 Taylor County - Southside Park Buddy Humphrey 201 E. Green St. Perry Fl 850-838-3500 1/1512005 $90,000.00 Port. St. Joe Elementary School David Whitfiled 2201 Long Avenue Port St. Joe, FL 32456 9/13/2005 $30,000.00 St. John's County Parks & Rec. Troy Blevins 901 Pope Rd. St. Augustine, Fl 32080 (904) 209-0333 10120/2005 $56,000.00 City of Clewiston Angie Kelly 110 W Osceola St. Clewiston, Fl 33440 (863) 983-1492 111212005 $80,000.00 City of Boynton Beach Jody Rivers POBox 310 BB Boynton Beach, Fl 33425 (561) 742-6326 71712005 $67,000.00 Seminole County Housing Authority Owen Bacchus 662 Academy Place Oveido, Fl 32765 (407) 365-3621 1855-2 Dr. Andre's Way Delray Beach, FL 33445 561-266-0544 Fax: 888-780-6876 Toll Free: 800-746-3903 www.WayCooIPlaygrounds.com If so, state name of individual, name of owner, and reason thereof < In what other lines of business are you financially interested or engaged? Ne>'! -<.. r Give references as to e~rience, ability, and financial standing t)<('". ((..~t c".,.J'.1- J'<c""- 'f- r<"f.~ . What equipment do you own that is available for the proposed work and where located? g,,!'c<lf, -r;..,7<u/ ... {( /.='-/$ "arU''''','Y 10 a-.f'/<-A. pr"j<-cf: 9' v~qr-$ f'/"v' ""'-<".1 IF"""", ;"." ,c ~ , ~ ' J What bank or banks have you arranged to do business with during the course of the contract should it be awarded to;OU? f? ,,~tr~ IfK'<S"C q Please list the names and addresses of the subcontractors to be used for the portions of the work listed below. Pro (C/l 5 -tn... c.:I-; c'" C ctr-/ Cor he:;! e ~/l5f-,....uJ'h-. ~ z;.", <: . , I HEREBY CERTIFY that the above answers are true and correct. fJ(~YM" k~t ~'V;C<'~' LLC db", (,1/<-'/ c~,,( flIc;Yjrc<<",.ty Contractor 8,.;/f r119~ II , rJ1c,r1()"j1 ~ ;1(-r:--,h'u- Print Nam~lTitle ,/ QUOTE NO: V A-QTlPG-07 DATE: 12/27106 CITY OF MIAMI BEACH 27 CONTRACT FOR QUOTATION NO. V A-QT1PG-07 . THIS CONTRACT made this 22nd day of January 2007 . A.D. between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter called the City, which term shall include its successors and assigns, and T " PLA YMAKER SERVICES. LLC-DBAI WAY COOL PLAYGROUNDS hereinafter called the Contractor, which term shall include its heirs, successors and assigns, party of the other part. WITNESSETH that the said Contractor for the consideration and compensation herein agreed to be paid and the said City in consideration of the Project to be done by said Contractor pursuant to City QUOTATION NO. V A-QT1PG-07 and entitled "SOUTH SHORE COMMUNITY CENTER, RAINBOW DA YCARE, PLAYGROUND RENOVATIONS" (also referred to as "the work" or "the Project"), do hereby mutually agree as follows: 1. This Contract shall extend to and be obligatory upon said City, its successors and assigns, and upon said Contractor and its, successors and assigns. Neither this Contract nor any part thereof nor any part of the work herein contemplated, shall be assigned or sublet, nor shall any swns of money provided to be paid to said Contractor be assigned by said Contractor without the prior written consent of the City. 2. City of Miami Beach Quotation NO. V A-QT3E-07 and Contractor's Quote in response thereto, are hereby referred to and made a part ofthis Contract and the terms and conditions set forth therein and, except when in direct conflict with this written Contract, are made a part hereof as if copied herem If a conflicts exist between the Quotation and Contractor's response thereto, and this Contract, the priority of documents shall be as set forth in Section 1.45 of the Quotation documents. 3. The Contractor shall commence work within seven (7) days of the issuance of a Notice to Proceed from the City and shall construct and complete in a good and workmanlike manner the materials herein referred to, strictly in accord herewith the following: 3.1 Unless there is a change in the scheduling of the Project which is approved by the Property Management Director, the Contractor shall be substantially completed with the work within thirty (30) calendar days from the issuance of the Notice to Proceed, and completed and ready for final payment within sixty (60) calendar days after the issuance of said Notice. QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 28 3.2 . ~ . Damages - City and Contractor recognize that the City will suffer direct financial loss if work is not completed within the Contract times specified in Paragraph 3.1. The parties also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by City if the work is not completed on time, and therefore time is of the essence. Accordingly, instead of requiring any such proof Contractor agrees to forfeit and pay City as liquidated damages for delay (but not as a penalty) the amount of Two Hundred Dollars ($200.00) for each calendar day that expires after the Contract Time specified in Paragraph 3.1 for Substantial Completion until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fuil to complete the remaining work within the Contract Time, Contractor shall pay Owner Two Hundred Dollars ($200.00) for cach calendar day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. These amounts represent a reasonable estimate of City's expenses for extended delays and for inspection, engineering services and administrative costs associated with such delay. 4. Contractor shall furnish all implements, machinery, equipment, transportation, tools, materials, supplies labor, and other things necessary to the execution and completion of the work, nothing being required of the City except that it may, at its expense, supervise such work and enter upon and inspect the same at all reasonable times. 5. If any dispute arises between the City and said Contractor with reference to the meaning or requirements of any part of this Contract and they cannot agree, the more stringent requirements shall govern as determined by the City, through its Property Management Director. 6. Ifthe Contractor shall complete the work herein contemplated in a good and workmanlike manner within the time herein specified and in accord herewith, the said City shall pay to the Contractor the Contract sum in accordance with the conditions of the Contract. The City, by allowing Contractor to continue with said construction after the time for its completion hereinbefore stated shall not be deprived ofthe right to exercise any option in this Contract nor shall it operate to alter any other term of this Contract. 7. Prior to commencing any work on the Project, the Contractor shall file Insurance Certificates, as required in the Quotation documents, and they must be signed by a Registered Insurance Agent licensed in the State of Florida and approved by the City's Risk Manager. 8. All documents shall be executed satisfuctorily to the City and until required bonds (if applicable) and Insurance Certificates have been filed and approved, this Contract shall not be deemed effective. 9. City shall pay Contractor for performance of the work in accordance with the Quotation documents in current funds at the lump sum or unit prices presented in the Quotation documents and Contractor's response there to, as attached to this Contract. The parties expressly agree that the Contract price is a stipulated sum except with regard to the items in the Quote which are subject to unit prices. QUOTE NO: V A-QTIPG-07 CITY OF MIAMI BEACH DATE: 12/27/06 29 , 10. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue fur any litigation arising out of this Agreement shall be Miami-Dade County, Florida, ifin state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO TillS AGREEMENT, the City AND Contractor EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, TillS AGREEMENT. . ~ 11. This Contract, and all attachments hereto, comprises the entire agreement between City and Contractor, to this Agreement. 12, The Contract may only be amended, modified or supplemented as provided in the General Conditions. IN WITNESS WHEREOF the City has caused this contract to be signed by the Mayor ofthe City of Miami Beach, Florida and its corporate seal to be affixed, attested by the City Clerk of the City of Miami Beach, and the said Contractor has caused this Agreement to be si ed it its name. B AT~~ ~ City Clerk Robert Parcher ATTEST: CONTRACTOR /10~ qr~".J)j) Slgnatu BY~~ Signature of President or Authorized Representative /V1CL':i:.r'd Mt2xlAlf" t!, Iv[vrJxr' . rint NamelTitle I Sr,'lf ~.K'Cv'<" (f. ,Pt"A'!.k<J f/(c.,.,/~1" Print Name/Title . </ ./ . QUOTE NO: V A-QTIPG-07 DATE: 12/27/06 CITY OF MIAMI BEACH 30 / APPROVED AS TO FORM & LANGUAGE & FO CUllOM J;;.l-~}