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Certification of Contract DeAngelo Bros/AquagenixMIAMIBEACH C.Z l3- s/r/oy CITY CLEFIK CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Floating Aerator/Decorative Water Fountain CONTRACT NO.: 08-07/08 CONTRACT TIME: This project shall be substantially completed within forty-five (45) calendar days from contract execution, and completed and ready for final payment within fifteen (15) calendar days from the date certified by the City's Parks and Recreation Director or his designated representative as the date of Substantial Completion SUPERSEDES: N/A CONTRACTOR(S): DeAngelo Brothers, Inc d/b/a Aquagenix. LUMP SUM AMOUNT: $71,000.00 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on May 14, 2008, a Contract has been approved for award and subsequent execution between the City of Miami Beach Florida and Contractor. B. EFFECT - This Contract is entered into to furnishing all labor, machinery, tools, supplies, equipment, materials and services necessary for the purchase and installation of a floating aerator/decorative water fountain for the Parks and Recreation Department pursuant to City Of Miami Beach Invitation to Bid (ITB) No. 08-07/08 and any addenda thereto, and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 03- 07/08. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor to perform according to the requirements of the Contract Documents to the City of Miami Beach Procurement Division at 305-673-7490. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager prior to commencement of any services/work by Contractor. 1 Page 2 Certification of Contract F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work and/or services required by the Contract Documents without prior approval from the City. Contractor warrants and represents that all persons performing any work and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform same, to City's satisfaction, for the agreed compensation. Contractor shall perform the work and/or services required under the Contract Documents in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training may be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Services and/or work provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such work and/or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract and/or the Contract Documents. 2 Page 3 Certification of Contract The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and/or the Contract Documents. K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Lopez. Procurement Director With copies to: Park & Recreation Department 2100 Washington Ave Miami Beach. Florida 33139 Attn: Kevin Smith. Parks and Recreation Director For Contractor: DeAngelo Brothers. Inc dba Aquagenix 1460 SW 3m Street. Suite B2 Pompano Beach. FI 33069 Attn: Chuck Ward. Branch Manger Phone: 954-943-5118 Fax: 954-943-2994 E-mail: cward(dbiservices.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 3 Page 4 Certification of Contract M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and/or the Contract Documents. Contractor shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and/or insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and all addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITB; (iii) contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 COMMISSION ITEM SUMMARY Condensed Title: Request For Approval To Award A Contract To Deangelo Brothers, Inc. D/B/A Aquagenix, Pursuant To Invitation To Bid (ITB) No. 8-07/08, For The Purchase And Installation Of A Floating Aerator/Decorative Water Fountain In The Amount Of $71,000, To Be Located On The Lake At The Miami Beach Golf Club Bordered By Michigan Avenue And Alton Road. Key Intended Outcome Supported: To Increase satisfaction with neighborhood character. Supporting Data (Surveys, Environmental Scan, etc.): To enhance the beauty of the golf course and surrounding area as well as the lake. Issue: IShall the Mayor and City Commission approve award of contract? Item Summary/Recommendation: The purpose of Invitation to Bid No. 08-07/08 (the "Bid") was to establish a contract (s) by means of sealed bids with a qualified vendor for the purchase and installation of a Floating Aerator/Decorative Water Fountain for the Parks and Recreation Department. The selected contractor shall supply and install one complete turnkey floating aerator/decorative fountain. The fountain shall produce a 3-tier-pattem with a sky geyser surrounded by a 12 -stream reduced height trellis, which in tum is surrounded by a 12 -stream, low, maximum diameter spoke. The Bid was issued on Jan 23, 2008, with an opening date of February 27, 2008. Notices were sent to 55 prospective bidders, which resulted in the receipt of two bids. Bids were received from Deangelo Brothers, Inc. d/b/a Aquagenix and Palm Beach Aquatics. Aquagenix's bid exceeded the budgeted amount and, therefore, the Administration pursuant to Section 2- 367 of the Miami Beach City Code, entered into negotiations and successfully reduced to cost from $73,140 to $71,000 ($2,140 below the budgeted amount). APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 $71,000 " Previously appropriated in the FY 2006/07 Capital Budget Account No. 301-2672 OBPI Total $71,000 Financial Impact Summary: City Clerk's Office Legislative Tracking: Kevin Smith, Parks and Recreation Director at 6643 SI n -Offs: De • ent Director GL KS T:\AGE Assistant City Manager RCM A12008\May 141Consent\Fountain summary.doc MIAMIBEACH 16 City Manager JMG f yo.1tN Agenda Item C Date S- (I-06 MIAM1BEAC H City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager (,k DATE: May 14, 2008 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO DEANGELO BROTHERS, INC. D/B/A AQUAGENIX, PURSUANT TO INVITATION TO BID (ITB) NO. 08-07108 FOR THE PURCHASE AND INSTALLATION OF A FLOATING AERATOR/DECORATIVE WATER FOUNTAIN IN THE AMOUNT OF $71,000, TO BE LOCATED ON THE LAKE AT THE MIAMI BEACH GOLF CLUB BORDERED BY MICHIGAN AVENUE AND ALTON ROAD. ADMINISTRATION RECOMMENDATION Approve the award of contract. BID AMOUNT AND FUNDING $71,000 Funding was previously appropriated in the FY 2006/07 Capital Budget Account No. 301-2672 KEY INTENDED OUTCOME SUPPORTED To increase satisfaction with neighborhood character. ANALYSIS The purpose of Invitation to Bid No. 08-07/08 (the "Bid") was to establish a contract by means of sealed bids, for the purchase, and installation of a pre -designed Floating Aerator and Decorative water fountain, for the Parks and Recreation Department. The Bid was issued on January 23, 2008 with an opening date of February 27, 2008. BidNet issued bid notices to nine (9) prospective bidders. Additionally, RFPDepot issued bid notices to forty-one (41) prospective bidders, and the Procurement Division issued the bid announcement to five (5) prospective bidders. The notices resulted in the receipt of bids from Deangelo Brothers d/b/a Aquagenix and Palm Beach Aquatics. Potential bidders who had received the specifications were contacted to determine why they elected not to bid, and the following responses were provided: 17 Company Name Reason for not bidding Future Horizons, Inc. Cannot meet the specification, nor provide an alternate equal product. Air-O-Lator Corp. Cannot meet the specification, nor provide an alternate equal product. Superior Waterway Services 1. The bid included equipment that was very specific in nature to only one manufacturer, thus making It difficult to provide a comparable bid. 2. Due to the sophistication of the lighting system and variable frequency drive it was felt that there may be problems with maintenance and operation. The purpose of the fountain is to enhance the beauty of the golf course and surrounding area, as well as aerify the lake water which will reduce the spread of exotic and nuisance vegetation, while enhancing and maintaining the environmental balance of the golf course lake system. The lowest and best bid was received from Aquagenix who has been in business for over 15 years as an installer of floating aerator/decorative water fountains, and has successfully provided and maintained fountains for the following organizations: Summer Lake Condo Association, Village of Pinecrest/Wayside Park, and Falls of Bonaventure. Aquagenix's bid exceeded the budgeted amount and, therefore, the Administration pursuant to Section 2-367 of the Miami Beach City Code, entered into negotiations and successfully reduced the cost from $73,140 to $71,000 ($2,140 below the budgeted amount). The concept of installing an aerator / decorative water fountain was envisioned when the Miami Beach Golf Club was being redesigned. The lake location was seen as a prime site for an illuminated water feature project that would compliment the beautiful golf course. In 2002 -03 the Arts In Public Places Committee issued a call for artists to design an illuminated water feature that would serve as a focal point in the lake. There were a number of concepts submitted and an evaluation process held. At the conclusion of the process the AIPP Committee acknowledged an "illuminated water feature could not be feasibly constructed and maintained by AIPP in the golf course lake for the earmarked budget of $100,000 and therefore the project was tabled. The Parks and Recreation Department subsequently researched the option of lighted fountains and submitted a Capital Improvement Project request for the funding. The fountain will produce a 3 tier pattern with a Sky Geyser that is surrounded by a 12 stream reduced height Trellis which is surrounded by a 12 -stream, low, maximum diameter spoke. The fountain is illuminated by a programmable set of colored lights. See the attached photo depicting the Titan Series — Tiara fountain to be installed. CONCLUSION The Administration recommends that the City Commission award a contract to Deangelo Brothers, Inc, d/b/a Aquagenix. TAAGENDA12008Way 141ConsentlFountain-08-07-08 commission memoFINALdoc 18 BID TABULATION Lump Company Names Sum Delivery Labor Yearly Time Rate Warranty Guarantee maintenance $115.00/hr $8,000.00 for all Per year for full 45 repairs 3 years 1 year for service/parts; Aquagenix $71,000.00 Calendar required for parts labor commencing at days after the end of the warranty initial warranty expires period. $85.00/hr -0- per year for for all full 60 repairs service/parts 3 years Palm Beach Aquatics $102,1100 Calendar required for 1 year forcornmencing at parts labor Days after the end of the warranty initial warranty expires period. TAAGENDAt20081May 141ConsentkFountain-08-07-08 commission memoFlNALdoc 19 �. Y 1f.�ii: �� iii •;!ill: �%���i ��i.: t• st wank AVM i?assatmgmz alr Company Name: The FhoatngAeretor/Qecretive Water Fountain ITB# 08-07-08 BID PROPOSAL PAGE 1 OF 2 DeAngeIPcctIlers, Inc dba Aquagenix We propose to furnish all labor, machinery, tools, means of transportation, supplies, equipment, nnatehaks, and services necessary for the purchaee, delivery and installation of a floating aerator/decretive water fountain, in accordance with these specifications. 74200 00 LUMP SUM AMOUNT $ ' (Section 2.19 and Section 3.1) (a) DELIVERY TIME: Venciors shall specify on the attached Bid Form the estimated delivery time (in calendar days) and lead time for the supply and installation of the floatingeeret'r/decretivevvotar fountain: 45 calendar days. (b) Not to Exceed Hourly Labor Rate 2.16): $II5.O0 For all repairs required after Warranty expiration, at the City's discretion, to be negotiated by the Parks & Recreations Director or designee. (c) Warranty Years for Parts 2.17). * (A minimum of one year warranty) * (Vendor to provide Parts Warranty Terms andConditimns/|amgeage) (d) Guarantee 1 Years for Labor (Section 2.17). * (A minimum of one year guarantee) * (Vendor to provide Labor Guarantee Terms and Conditions/language) (e) Yearly Maintenance Agreement (Section 2.26): $ 8'000.00 A per year cost for full service/parts maintenance agreement to commence at the end of the warranty period. This agreement may be accepted at the sole discretion of the Parks & Recreations Director or designee. January 3, 2008 City of Miami Beach 25 of 32 Floating Aerator/Decretive Water Fountain ITB -08-07/08 BID PROPOSAL PAGE 2 OF 2 PAYMENT TERMS: NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Chuck Ward COMPANY NAME: SIGNED: DeAngelo Brothers, Inc dba Aquagenix (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). Addendum No. 1: -r-L Insert Date Addendum No. 2: Addendum No. 3: Addendum No. 4: Insert Date NAME/TITLE(Print): ADDRESS: CITY/STATE: TELEPHONE NO: FACSIMILE NO: FEDERAL I.D.#: SIGNED: January 3, 2008 City of Miami Beach C1-ucc Ward / Branch Manager 1460 SW 3rd Street, Suite B2 Pompano Beach, FL 954-943-5118 954-943-2994 23-2332783 ZIP: 33069 insert Date Insert Date 26 of 32 Floating Aerator and Decretive Water Fountain ITB # 08-07/08 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX2� General ¢cOur�nceforn\,Unl�SCf|�bUhy $1.00O.00O.00per ---- occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specificatons). XXX 3. Automobile Liability - $1.000.000 each occurrence - owned/non-owned/hired automobiles included. ____4. ExoeesLiobi|hv-$ .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. G. Other Insurance as indicated: Builders Risk completed value .00 Liquor Liability .00 Fire Legal Liability .00 Protection and Indemnity .00 Employee Dishonesty Bond .00 Other .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX S. The certificate must state the bid number and title BIDDER AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these that evidence of this insurance may be required within five (5) days after bid opening. Bidder Signature of Bidder January 3, 2008 City of Miami Beach 17 of 32 ACORDTM CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 PRODUCER Willis North America, Inc. 26 Century Blvd. P. 0. Box 305191 Nashville, TN 372305191 877-945-7378 DATE 06/25/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED DeAngelo Brothers, Inc. T/A Aquagenix 1INSURER A:Amer ican Home Assurance Company 19380-001 1460 S. W. 3rd Street, Suite B INSURER B: Pompano Beach, FL 33069 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR ADD'l� POLICY EFFECTIVE . POLICY EXPIRATION I .TR INSRoo TYPE OF INSURANCE POLICY NUMBER DATE /MM/DD/YYI DATE /MM/DD/YY1 A GENERAL LIABILITY GL4572049 11/1/2007 11/1/2008 EACH OCCURRENCE DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY I PREMISES (Ea occurencel CLAIMS MADE X OCCUR 1 MED EXP (Any one person) X Contractual Liability ( PERSONAL &ADV INJURY IGENERAL AGGREGATE APPLIES PER: 1 PRODUCTS - COMP/OP AGG LIMITS GENL LIMITAGGREGATEf -1 POLICY I X I !VTI X I LOC A AUTOMOBILE LIABILITY CA1469438 11/1/2007 11/1/2008 A X ANY AUTO CA4576095 11/1/2007 11/1/2008 ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER WC5733643 WC5609819 WC5609818 11/1/2007 11/1/2008 11/1/2007 11/1/2008 11/1/2007 11/1/2008 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER City of Miami Beach Attn: Kenneth Patterson 1700 Convention Center Drive Miami Beach, FL 33139 ACORD 25 (2001/08) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ 1.000.000 $ 1,000.000 $ 2.000,000 $ 2.000.000 $ 2,000,000 AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ X TORY LIIMITS I (DER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ 1.000,000 $ 1.000.000 $ 1.000.000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPREESSEENN�TATITI V ES. AUTHOR! ! DR PRESENTATIVE Co11:2396842 Tp1:699654 Cert:10868782 ©ACORD CORPORATION 1988 sr- r I M. it —• ism Iwo witia dPir �►,!� mow: slug 4.44; . arm+y: *aa. w a( SI 4 AQUA CONTROL Titan Series Fountain 3 -YEAR LIMITED WARRANTY Aqua Control, Inc. warrants to the original purchaser (the end user) of any Titan Series Fountain manufactured by Aqua Control, Inc. that any part thereof which proves to be defective in materials or workmanship, as determined by the factory within three years from the shipping date, will be repaired or replaced at no charge with a new or remanufactured part, and returned freight prepaid. Exceptions are light lamps and lenses which carry a thirty (30) day warranty. The end user shall assume all the responsibility and expense for removal, packaging, and freight to ship to Aqua Control to determine the warranty claim and for all reinstallation expenses. The warranty is void in cases where damage results from: improper installation, operation with no flow, continued operation with only partial flow, continued operation with obstructions that result in pump cavitation (noisy operation), improper electrical connection, improper voltage, alteration, lightning, careless handling, misuse, abuse, freezing, disassembly of motor, or failure to follow maintenance or operating instructions. Modification or repair by an unauthorized repair facility will void the warranty. In no case will Aqua Control or its distributors accept responsibility for any costs incurred by the user during installation, removal, inspection, evaluation, repair, parts replacement, or for return freight. Nor will any liability be accepted for loss of use, loss of profits, Toss of goodwill, for consequential damage, or for personal injuries to the purchaser or any person. In the event of problems believed to be covered under warranty, it will be necessary to notify the distributor who will try to help resolve the problem and who may contact the factory for additional assistance. If it is concluded that there may be a defect which may be covered under warranty, it will be necessary to get a Return Material Authorization (RMA) from the distributor before shipment. Freight collect shipments will not be accepted by the factory on warranties or repairs. The product or parts) must be returned freight prepaid, to the factory, as directed, and in its original packaging or in a container which will prevent damage. Parts returned under warranty and damaged during shipping will not be covered under warranty for the shipping damage. If the factory evaluation of the returned goods concludes that the failure is due to defects in materials or workmanship, the part or parts in question will be replaced under warranty with new parts, remanufactured parts, or will be repaired; at the factory's option. The warranty period for all parts supplied under warranty will terminate at the end of the original product's warranty. All warranty shipments from the factory will be shipped freight prepaid. Warranty registration is HIGHLY recommended. No implied warranties of any kind are made by Aqua Control, Inc. for its products, and no other warranties, whether expressed or implied, including implied warranties of merchantability and fitness for a particular purpose, shall apply. Should an Aqua Control product prove to be defective in materials or workmanship, the retail purchaser's sole remedy shall be repair or replacement of the product as expressly provided above. Aqua Control, Inc. 6A Wolfer Industrial Dr. Spring Valley, IL 61362 Phone 800-377-0019 FAX 815-664-4901 02008 146099C LKCS • www.lk-cs.com Maintenance Agreement Due to the high water salinity and fountain size, a fountain such as this would require regular cleanings using specialized equipment. Growth of algae (and possibly barnacles) on the fountain structure as well as on light lenses and nozzle has the potential for sinking the fountain. Our maintenance agreement would include quarterly cleanings using full SCUBA gear to manually scrape off any accumulation. Chemical treatments would also be applied to the fountain and lens surfaces to eliminate algae growth and delay such growth from recurring. Additional Warranty Aquagenix agrees to warranty lights and lenses for an additional 60 days following the expiration of the manufacturer's 30 day warranty. This complies with the 90 warranty requirement for these items. BUSINESS NAME OCTOBER 1 FORM NO. 401-280/AC 25-061 RV200730729 (Rev. 3/07) Board of County Commissioners, Broward County, Florida BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT FOR PERIOD OCTOBER 1, 2007 THRU SEPTEMBER 30, 2008 ❑:RENEWAL ❑ TRANSFER SEC # 32 I V29 9 Lf NEW DATE BUSINESS OPENED 11/19/99 STATE OR COUNTY CERT/REG # Business Location Address: 1 460 SW 3 S1 B POMPANO 33069 BUSINESS PHONE: (954)943-5118 THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. ARD Ai. COUNTY FLORIDA BROWARD COUNTY REVENUE COLLECTION 115 S. Andrews Avenue, Governmental Center Annex FORT LAUDERDALE, FL 33301 www.broward.org/revenue 0000000000 0000003300 0000003290023683 1 001 4 TPJ( BACK TAX PENALTY T.C. FEE TRANSFER TOTAL r - PENALTIES IF PAID OCT. - 10% NOV. - 15% * DEC. - 20% I * After DEC. 31 - 25% * Plus Tax Collection Fee of up to $25.00 Based on Cost of Business Tax if Paid On or After November 30. ACCOUNT NUMBER AQUAGENIX DEANGELO BROTHERS INC 100 N CONAHAN DR HAZLETON PA 18201 TYPE OF BUSINESS TAX PAID 4 v: EXOTIC VEGETATION/WEED CONTROL 1 UNIT 2007 - 2008 PAYMENT RECEIVED AS VALIDATED ABOVE *SEE INSTRUCTIONS ON REVERSE SIDE CNS TRANS FROM FORM NO. 401-280/AC 25-061 RV200730729 (Rev. 3/07) 329-236 Board of County Commissioners, Broward County, Florida BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT FOR PERIOD OCTOBER 1, 2007 THRU SEPTEMBER 30, 2008 ❑KRENEWAL ❑ TRANSFER SEC # 32 329 ❑ANEW - DATE BUSINESS OPENED 03/02/89 STATE OR COUNTY CERT/REG # Business Location Address: 1460 SW 3 ST I:32 POMPANO BUSINESS PHONE: (954)943-5118 33069-0000 THIS RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT THE LOCATION ADDRESS ABOVE. j ARD ia- COUNTY FLORIDA BROWARD COUNTY REVENUE COLLECTION 115 S. Andrews Avenue, Governmental Center Annex FORT LAUDERDALE, FL 33301 www.broward.org/revenue _ !'' J 3 . . Li i, 0 a 0 .- . ^- `:5 4- 1001 TAX BACK TAX PENALTY T.C. FEE TRANSFER TOTAL 33.00 PENALTIES IF PAID OCT. - 10%NOV. - 15% * DEC. - 20% I *After DEC.,31 - 25% * Plus Tax Collection Fee of up to $25.00 Based on Cost of Business Tax if Paid On or After November 30. •-:.:,.i—,.-g•rn ACCOUNT NUMBER �' - : j ;7V-fl177/44:��,`�_;'�C--; - ._ Com•;_: DE ANGELO BROTHERS 1h1C ,_. -..-,- 100 N CONAHAN DP.. ,_, ..:... 1 HAZLETON-PA 18201�- _; .� 1T y-,' Cr.: TYPE OF BUSINESS TAX PAID STORAGE WAREHOUSE 1 UNIT 2007 - 2008 PAYMENT RECEIVEDAS VALIDATED ABOVE *SEE INSTRUCTIONS ON REVERSE SIDE 1 City of Miami Beach Floating Aerator / Decorative Water Fountain Bid #08-07/08 Fountain Details Quantity Description 1 Saltwater Titan 20 Horsepower, 23o Volt, 3 Phase Floating Fountain 1 "Tiara" 20 Horsepower Fountain Nozzle 1 20 Horsepower, 23o, Volt, 3 Phase, Fountain and Light, Control Panel 1 36 X 3o X 16 Stainless Steel Enclosure 1 7 -Day Battery Back -Up Pump Timer 1 7 -Day Battery Back -Up Light Timer 1 PFM -INV WIND -VFW -RMP 4 Light Set 1 Titan 4 -Light Set Ground Fault Circuit Interrupter 1 Anemometer w/5o' Cable 2 Saltwater 4 Light Set - 500 Watt 8 50o Watt Spot Halogen Bulb 4 Amber Lens for Bronze Light 4 Turquoise Lens for Bronze Light 2 Saltwater 4 Light Set - 50o Watt 8 50o Watt Spot Halogen Bulb 4 Blue Lens for Bronze Light 4 Red Lens for Bronze Light 16 * Stainless Steel Rock Guard 1 Standard Pump Cable Assembly, 4 Gauge - 300 Foot 2 T -Connect Light Cable Assembly, 6 Gauge - 30o Ft * Only Item NOT covered under Warranty OPERATION PLAN City of Miami Beach Bid #08-07/08 Purchase and Installation of Floating Aerator/Decorative Fountain Equipment List Attached Supervisor Qualifications Chuck Ward, Branch Manager Combined 8 years Aquatic and 15 years Management Experience, Certified PADI Divemaster, DOT, EPA, HAZMAT and HAZCOM certified, State of Florida Department of Agriculture Licensed Core and Aquatic Applicator Operation Schedule oFountain delivered within 45 days of contract award. oPermits obtained prior to installation oPower to control box supplied prior to installation by qualified electrician (Supplied by the City of Miami Beach) oFountain delivered and placed in water using 4X4 trucks and trailer — cables pre - attached to motor and lights prior to delivery oProper disposal of any garbage from installation o Quarterly fountain maintenance Crew Size and Experience Attached Safety Plan o Three (3) men used during installation to minimize strain risks oLock out, tag out procedure used when dealing with electrical equipment oBoat used will contain approved flotation devices and fire extinguishers oFirst aid equipment will be available on site oAll men used are able to swim in case of capsized vehicle Disposal Plan oAll waste or garbage resulting from installation will be taken off site and disposed of at our facility Floating Aerator/Decretive Water Fountain ITB # 08-07/08 CONTRACTOR'S QUESTIONNAIRE NOTE: Information supplied in response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By DeAnaelo Brothers, Inc dba Aauaaenix Principal Office 1460 SW 3rd Street, Suite B2, Pompano Beach t FL 33069 How many years has your organization been in business under your present business name? 3n yrs Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? Yes Please state license(s) type and number: Occupational License 08-00028332 Include copies of above licenses and certificates with proposal. Have you ever had a contract terminated due to failure to comply with contractual specifications? No If so, where and why? In what other lines of business are you financially interested or engaged? Waterway Management, Right of Way Vegetation Control, and others, see our website for more information; www.dbiservices.com Give references as to experience, ability, and financial standing ATta(Med Credit References: Terra Industries 717-792-4470 Exacto Chemical 800-798-9761 January 3, 2008 City of Miami Beach 32 of 32 CONTRACTOR'S QUESTIONNAIRE (CONTD.) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub -consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. Neal DeAngelo / Paul DeAngelo b. Individuals or entities (including our sub -consultants) with a controlling financial interest: have x have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. HEREBY CERTIFY ,* -the above -answers are true and correct. (SEAL) (SEAL) January 3, 2008 City of Miami Beach 33 of 32 AM BEACH PROCUREMENT Division TO: Robert Parcher, City Clerk FROM: Gus Looez,"C.r0, Procurement Director (Z --- DATE: Jun , 2008 MEMORANDUM SUBJECT: CONTRACT NO.08-07108 — FLOATING AERATOR/DECORATIVE WATER FOUNTAIN. Attached please find the Contract Books pursuant to ITB NO. 08-07-08 for Floating Aerator /Decorative Water Fountain. All four (4) Contracts have been executed by Ferguson Enterprises, Inc., and they have agreed to all terms and conditions set forth in the contract. The attached Contracts are for the City Clerk's and the Mayor's signature and execution. The City Attorney's office has approved the form and language for contract execution. Please call Kenneth Patterson at x6615 when the contracts are fully executed and ready for pick-up. Thank you for your prompt attention to this matter. FAIDURCULLAKENNETHIETTERS\itb08-07-08CityClerk.doc We are committed to providing excellent public service and ,safety to all who live, work, and play in our vibrant, tropical, historic communiiy.