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HomeMy WebLinkAboutReso 2014-2237RESOLUTION NO. 2014- ZZ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PLAYMORE RECREATIONAL PRODUCTS & SERVICES FOR THE PURCHASE AND INSTALLATION OF A COMPLETE PLAYGROUND INCLUDING PLAYGROUND EQUIPMENT, SAFETY SURFACING AND SHADE STRUCTURE FOR INTRACOASTAL PARK, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND ONE HUNDRED FIFTY -THREE DOLLARS (S180,153.00), AND A CONTINGENCY UP TO AN AMOUNT OF SEVENTEEN THOUSAND FORTY -SEVEN DOLLARS ($17,047.00), ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Intracoastal Park was designed with a 60 -foot diameter play area, and during the park development, a community partner was identified that proposed a brand new playground at no cost to the City; and WHEREAS, the Dezer Family offered a new playground and the City would name it the " Dezer Family Playground ", and Dezer Development LLC. wished to donate to the City One Hundred Fifty Thousand Dollars ($150,000.00) for a complete playground at Intracoastal Park; and WHEREAS, Playmore Recreational Products & Services was contacted to provide a proposal based on the theme selected by the Dezer Family; and WHEREAS, the City wishes to enter into an Agreement with Playmore Recreational Products & Services for the purchase, design, delivery, installation and warranty of all elements of the playground inclusive of playground equipment, a poured -in -place safety surfacing and shade structure, for Intracoastal Park, in an amount not to exceed One Hundred Eighty Thousand One Hundred Fifty -Three Dollars ($180,153.00), and a contingency up to an amount of Seventeen Thousand Forty -Seven Dollars ($17,047.00) for unforeseen events, attached hereto as Exhibit "A ", based on pricing as per the Palm Beach County Contract to guarantee competitive bid pricing while expediting the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approving the he Agreement. The City Commission hereby approves an Agreement with Playmore Recreational Products & Services for the purchase and installation of a complete playground including playground equipment, safety surfacing and shade structure for R2014- Playmore Rec For Playgound At Intracoastal Park Page I of 2 Intracoastal Park, in an amount not to exceed One Hundred Eighty Thousand One Hundred Fifty -Three Dollars ($180,153.00), and a contingency up to an amount of Seventeen Thousand Forty -Seven Dollars ($17,047.00) for unforeseen events, attached hereto as Exhibit "A ". Section 2. Authorization of Maw The Mayor is hereby authorized to execute said Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of May 2014. Norman S. Edelcup, May ATTE T: Jane A. m s, MMC, City Clerk APPROVED AS TO FORM AND LEGALAMCIENCY i �4s mot City Attorney , Moved by: C Q (AUAny- Seconded by: I �mnntiarnti 1- ,�rJ�b1� Vote:_ _ I Mayor Norman S. Edelcup ✓(Yes) (No) Vice Mayor Isaac Aelion (Yes) (No) Commissioner Jeanette Gatto ✓(Yes) (No) Commissioner Jennifer Levin Yes) (No) Commissioner George "Bud" Scholl (Yes) (No) R2014- Playmore Rec For Playgound At Intracoastal Park Page 2 of 2 O SJNNY ti �m O AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH 's AND PLAYMORE WEST, INC. E +F�OR CONTRACT NO. C1314 -051 THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate, this day of May, 2014, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as "City "), and PLAYMORE WEST, INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor ") whose Federal I.D. # is (O's • 09 j440� RECITALS WHEREAS, the City of Sunny Isles Beach (the "City ") is in need of a contractor to purchase, design, delivery, installation and warranty of all elements of a complete playground, inclusive of safety surfacing and shade for the City's Intracoastal Park ( "Services "); and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the Services to the City for a total amount not to exceed One Hundred Eighty Thousand One Hundred Fifty Three Dollars ($180,153.00) as more particularly described in Attachment "A ", attached hereto and incorporated herein by reference. NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. SERVICES. Contractor agrees to purchase and install a complete playground inclusive of a poured -in -place safety surfacing and shade structure for Intracoastal Park, as more particularly described in attached Exhibit "A ". The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement, and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin from issuance of the Building Permit from the City of Sunny Isles Beach Building Department and the Services shall be required to be completed no later than One Hundred Twenty (120) days thereafter. Contractor acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. C1314 -051 - PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (3 )05) 949 -3113 Fax 4. COMPENSATION. The Contractor agrees to provide the desired Services to the City in a total amount not to exceed One Hundred Eighty Thousand One Hundred Fifty -Three Dollars ($180,153.00). Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and the schedule of charges reflected in Attachment "A" and under the following conditions: a. Disbursements. There are no reimbursable expenses associated with this contract. b. Payment Schedule. Invoices received from the Contractor pursuant to this Agreement will be reviewed by the initiating City Department. If services have been rendered in conformity with the Agreement, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned hereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. C. Availability of Funds. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. d. Final Invoice. In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final /last billing to the City. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any other additional charges, if not properly included on this final invoice, are waived by the Contractor. Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own C1314 -051 - PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to this Agreement and related Services to this Agreement are intended and represented for the ownership of the City only. Any other use by Contractor or other parties shall be approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 7. LIQUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not completed within One Hundred Twenty (120) days from the date of issuance of Building Permit from the City of Sunny Isles Beach Building Department, and in the absence of any extended deadline granted by City, then the Contractor shall be required to pay a liquidated damage penalty of Four Hundred Dollars ($400.00) for each calendar day beyond the One Hundred Twenty (120) day completion period, continuing to the time at which the Services are complete. Such amount is the actual cash value agreed upon as the loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to withhold 50% of the total Compensation to be paid to Contractor until final completion and acceptance of the Services. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents, or employees, as indicated below: ❑ Comprehensive General Liability Insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000) per occurrence. ❑ Worker's Compensation, as required by the State of Florida Employer's Liability. ❑ Business Automobile Liability which shall include coverage for all owned, non -owned and hired vehicles for minimum limits of not less than One Million Dollars ($1,000,000) per occurrence, One Million Dollars ($1,000.000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property damage. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self - insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A- Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately C1314 -051 - PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. Contractor shall also require and ensure that each of its sub - contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. WARRANTY OF SERVICES. 9.1 The Contractor shall warrant that the Services conform to the Agreement and are free of any patent and /or latent defect of the workmanship for the periods established in the Contractor's proposal, attached hereto as Attachment "A ". This warranty shall be in addition to whatever rights the City may have under state or federal law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. 9.2 Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new unless otherwise specified and will be of good quality, free from faults and defects and in conformance with the Agreement. All equipment and materials not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City or its designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions within this Agreement. 9.3 Contractor shall provide to the City or its designee all manufacturers' warranties. All warranties, expressed and /or implied, shall be given to the City for all material and equipment covered by this Agreement. All material and equipment furnished shall be fully guaranteed by the Contractor against factory defects and workmanship. At no expense to the City, the Contractor shall correct any and all apparent and latent defects that are required under state or federal law. 10. DEFECTIVE WORK. 10.1 The City or its designee shall have the authority to reject or disapprove work which is found to be defective. If defective work is found, Contractor shall promptly either correct all defective work or remove such defective work and C1314 -051 - PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax replace it with non - defective work. Contractor shall bear all direct and indirect costs of such removal or corrections including cost of testing laboratories and personnel. 10.2 Should Contractor fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of this Agreement within the time indicated in writing by the City Manager or its designee, the City shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by the City in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, which is not cured in the cure period, the City may declare Contractor in default. 103 If, within one (1) year after the date of completion of Services or such longer period of time as may be prescribed by the terms of any applicable special warranty required by the Contract Documents, or by any specific provision(s) of this Agreement, any of the work is found to be defective or not in accordance with this Agreement, Contractor, after receipt of written notice from the City or its designee, shall promptly correct such defective or nonconforming work within the time specified by the City without cost to the City. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not limited to any claim regarding latent defects. 10.4 Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 10.5 Where the City or its designee becomes aware of faults, defects or non - conformity in any of the work provided under this Agreement or with the work being performed by the Contractor, the City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall the failure of the City or its designee to bring to the attention of the Contractor of such faults act as a waiver or release the Contractor from responsibility or liability for such fault, defect or non- conforming work. 11. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate C1314 -051 - PLAYMORE WEST, INC City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub - Contractor (s)) shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set -off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 13. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of 10 (Ten) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any C1314 -051 - PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792 -1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792 -1702 If to the Contractor : Jason Gray Sales Consultant Playmore West, Inc. 10271 Deer Run Farms Road Suite 1 Fort Myers, FL 33966 Tel: (239) 791 -2400 15. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami -Dade County, Florida. 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 17. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital /familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that C1314 -051 PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (3 05) 947 -0606 phone (305) 949 -3113 Fax all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non - discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2 -11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which could conflict in any manner or degree with the performance of the Services. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he /she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from the Contractor's negligent acts, errors, mistakes or omissions relating to professional Services performed under this Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Contractor may be legally liable. The parties agree that TEN DOLLARS ($10.00) represents specific consideration to the Contractor for the indemnification set forth herein. 20. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C1314 -051 - PLAYMORE WEST, INC. City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority to bind their respective party to this Agreement. E. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and /or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to Attachment "A ". IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: PLAYMORE WEST, INC. BY: (.. . Prim me Print/sign name of corporate officer Sign Name ATTEST: BY: ' CJane;HineVMMC, City Clerk APPROVED AS TO FORM AND LE I: C1314 -051 — PLAYMORE WEST, INC. CITY OF SUNNY ISLES BEACH BY: TS. Edelcup, Mayor PlAYMORE Recreational Products & Services May 1, 2014 Susan Simpson City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, Florida 33160 10271 Deer Run Farms Road, Suite 1 • Fort Myers, FL 33966 (239) 791 -2400 • (888) 886 -3757 • (239) 791 -2401 fax RE: Intracoastal Park Play Equipment Sunny Isles Beach, Florida Subj: Program Scope of Work & Proposal Susan Please allow this letter to serve as our Program for the Scope of Work services as well as our proposal for the Intracoastal Park Play Equipment Project. Playmore West shall provide the design and engineering services in order to permit the project with the City of Sunny Isles Beach. Playmore West will look to the City of Sunny Isles Beach to provide temp water and electrical services. Playmore will provide debris removal as well as sanitation services. Since laydown and or storage areas on site are not available, the City of Sunny Isles has offered to store the playground equipment at one of their sites. Once the site is ready for the playground a combination of Playmore installers and members of the City of Sunny Isles Beach will load up the equipment and bring to the site. We will provide a alternate to provide temp fence with windscreen if we store the equipment onsite. Demolition /Removal Playmore West will look to the City of Sunny Isles Beach to remove the necessary turf from the circular area and haul away from the site. In addition, Playmore will look to the city to remove and haul away 7" of soil. Playmore will provide the subsoil compaction prior to installation of our additional work. Piles Playmore shall provide and install helical piles for each shade post in order to provide additional load support. Said helical piles are in response to the Geotechnical report provided by CES Consultants dated November 24, 2012. Based on said report we are not providing any lateral support on the post at this time. Therefore, we are basing the design on four helical piles per shade post. Each post shall have a pile cap that will be designed by our structural engineer and tied into the helical piles. We are looking to design the pile cap to finish at -4" grade. This will allow for a surface mount installation of the shade post. ATTACHMENT "A" Drainage System Due to the organic sand materials below grade, drainage of the rainwater will be difficult to say the least. So we are proposing a 6" drain system to be installed flush with the 4" compacted rock. This drain system shall be tied into the existing 6" line that is located within the circular play area. Playground Playmore West shall supply and install the playground equipment as manufactured by Playworld Systems in accordance with Quotation #8064. The playground equipment shall be installed after the helical piles and pile caps have been completed. The playground safety surfacing requires a compacted stone base for the poured in place rubber surfacing to be adhered to. Playmore West shall supply and install 4" of compacted stone base. This base shall be brought in through a section of the fence at the South West corner of the park. Playmore West will look to the City to remove said section and reinstall after the work is complete. Playmore west shall create a ramp comprised of dirt or rock in order to gain access into the park to perform this work. Once the playground and all other work is complete Playmore West shall provide all restoration to the park with the exception of the irrigation and re- installation of the removed section of fencing. Fabric Shade System Playmore West shall supply and install one (1) 39' x 39' Mega Sail in accordance with Playmore Quotation # 8054 dated April 15, 2014. Shade post shall be 12' above grade and shall come with the Turn -N -Slide quick release. Please note that the fabric on the shade system shall be removed when wind speeds exceed 75 mph. The shade post shall be surface mounted to the concrete pile caps that are 4" below the existing grade. Poured in Place Rubber As the final touch to the playground, 2,826 sf of 3" poured in place rubber shall be placed on the compacted stone base in accordance with Playmore Quotation # 8056, dated April 15, 2014. The safety surfacing shall consist of 50/50 color /black mixture. Restoration Playmore West shall provide all restoration work with the exception of repairing irrigation lines and re- installation of the removed fence section. Below are the Proposed Cost for this Scope of Work: Permit Cost $ 5,200.00 Engineering Design Fees & Survey $ 5,500.00 39' x 39' Mega Shade Sail $ 29,641.00 Playground Equipment & Installation $ 69,971.00 3" Poured in Place Rubber 50/50 Color /Black $ 33,791.00 Helical Piles based on 20' Depth $ 26,000.00 8" Temp Fence with Black Windscreen $ 4,300.00 Restoration of grounds $ 5,500.00 General Conditions $ 250.00 Total Proposal $180,153.00 Optional Add 6" Drainage System tied into existing 6" Drain line $ 7,200.00 Please note that we made the Drainage System an Add Option. Should you have any questions please feel free to contact me. Respectfully, i" R. Stoney Bates Playmore Recreational Products and Services Certified Playground Safety Inspector CPSI Certified International Playground Contractor t EVERGUARD SURFACING 25 Berry Hill Road Oyster Bay, NY 11771 Phone#516- 8640550 Fax #516 - 8640552 Warranty Everguard Surfacing warrants to the BUYER that materials supplied for Buyer's Everguard Surfacing system will be free of defects in manufacture at the time of its delivery to the job site and will meet all specifications for content and quality as detailed by the manufacture of the material. If upon inspection by the SELLER, the Everguard Surfacing materials evidence manufacturing defects, Seller's liability and Buyer's remedies are limited, at Seller's option, to the repair or replacement of the defective material at the FOB Point of the original sale. SELLER further warrants the Everguard Surfacing system will not prematurely deteriorate to the point of failure because of weathering for period of (5) years from the date of sale if properly installed, maintained and used for the purpose for which the SELLER intended. BUYER shall give the SELLER notice of all claims for any cause whatsoever (whether such cause be based in contract, negligence, strict liability, or otherwise) in writing, with photos, within twenty (20) days after the date upon which such installation was completed. If upon inspection by the SELLER, the Everguard Surfacing system shows premature deterioration to the point of failure because of weathering within the (5) year period stated herein, Seller's liability and Buyer's remedies are limited at the Seller's option to the providing of repair material or credit to be applied toward the purchase of a new system, the value of these remedies being determined by the SELLER based upon the number of remaining months of the unexpired warranty used to pro -rate at the current price of materials. The maximum pro -rated value allowed by the SELLER for repair and credit shall not exceed the original material purchase price. Jce&Esnrfacinc1 com - www.everc_uard.com No Representative of the SELLER has authority to make any representations or promises except as stated herein. There are no warranties either expressed or implied, including the implied warranties or merchantability and fitness for a particular purpose which extend beyond the warranties contained in this document. Everguard Surfacing shall not be liable for any incidental, consequential or other damages to structures or contents arising under any theory of law whatsoever. EVERGUARD SURFACING INC. Date of Issue: Client: Located at: Certificate Number: Authorized Signature Title: Shade_��_ pa@ffma- qy LIMITED WARRANTY Effective 12/1/10 Shade Systems, Inc. warrants that the equipment sold will conform in kind and quality to the specifications listed in the Order Acknowledgment and will be free of defects in workmanship or materials. Shade Systems further warrants: • LIMITED 20 YEAR WARRANTY on all upright posts and support structure frames against failure due to rust - through corrosion. This warranty excludes any cosmetic issues. • LIMITED 10 YEAR WARRANTY on all CoolNetr"I fabrics, threads, and cables against degradation, cracking or material breakdown resulting from ultra - violet exposure, mold, and mildew, as well as on Turn -N- SlideT" fastening device. This warranty excludes fading or failure of fabric due to chemical erosion or flying or falling objects. • LIMITED 3 YEAR WARRANTY on all WeatherNetTM fabrics and threads against degradation, cracking or material breakdown resulting from ultra - violet exposure, mold, and mildew. This warranty excludes fading or failure of fabric due to chemical erosion or flying or falling objects. • LIMITED 1 YEAR WARRANTY for structural failure of moving parts, powder - coated finish, or any other product or part not covered by one of the above warranties. All above warranties commence on the date of the Seller's invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Seller shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such non - conformity at the sole option of the Seller either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Seller shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, transportation or its associated costs to return to Seller's factory parts to be replaced or repaired, or the installation of any replacement part or parts. Replacement parts will be warranted for remainder of original warranty. This Warranty is exclusive and in lieu of all other warranties, whether express or implied, including but not limited to any warranty of merchantability or of fitness for a particular purpose. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Seller shall not be liable for any direct, indirect, special, incidental or consequential damages. Seller neither assumes nor authorizes any employee, representative or any other person to assume for Seller any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting the agreement. The warranty stated above is valid only if the structures are erected in conformity with the layout plan and /or installation instructions furnished by the Seller; have been maintained and inspected in accordance with the Seller's instructions and other normal and prudent practices; have been subjected to normal use for the purpose for which the goods were designed; have not been subjected to misuse, negligence, vandalism, or accident; have not been subjected to additional or substitution of parts; and have not been modified, altered, or repaired by persons other than the Seller's designees in any respect which, in the judgment of Seller, affects the condition or operation of structures. To make a claim, send your written statement of claim, along with the original invoice number to: Shade Systems, Inc. • 4150 S.W. 19 Street • Ocala, FL 34474 Terms, Conditions and Warranty Certificate CONTROLLING TERMS: An order or acceptance of products by customer constitutes acceptance of these Terms and Conditions in [heir entirety, without regard to any terms and conditions contained in any document of customer, e°.en ,f they are additional to and not in cunr ir_r with these Terms and Conditions �k I PRICES: Prices are subject to change without notice Unless otherwise /fr stated in writing, all prices are FO.B Lewisburg, PA, and shall be exclusive of transportation, insurance, taxes, license fees, customs fees, ! duties, premiums, fees, installation expenses and other charges. Any ;i such taxes, fees and charges will, at PLAYWORLD SYSTEMS' option, be added to the price, paid directly by the customer or reimbursed by customer if paid by PLAYWORLD SYSTEMS'. TERMS OF PAYMENT: Unless credit is spec;fically granted in *rating by PLAYWORLD SYSTEMS,, payment in full is due upon delivery. li t! All payments for products released and shipped on approved credit h accounts shall be due in full and in legal tender of the United States (unless otherwise indicated by PLAYWORLD SYSTEMS' on the invoice) r; thirty (30) days from the date of invoice thereof. If Customer fails to , ,� per'o•rn the terms of payment of any invoice or if the financial ondition of Customer shall become impaired or unsatisfactory to PLAYWORLD (, SYSTEMS', PLAYWORLD SYSTEMS', in its sole discretion, reserves f the right to change the terms of payment, require payment in advance Y or security or a guaranty satisfactory to It and/ or defer or discontinue further shrpmenis without prejudice to any other lawful remedy available to PLAYWORLD SYSTEMS'. PLAYWORLD SYSTEMS' also reserves the fr; right in the case of any of the foregoing events to cancel all of Customer's orders, in which event Customer shall fully compensate PLAYWORLD r ! SYSTEMS' for any commitments, obligations, expenditures, expenses and costs that may have incurred in connection with the orders (e g., a conversion charges, restocking charges). A delinquency charge of 9 9 g) q Y 9 -1/2% interest per month overdue will be charged on past due accounts i ! but in no event will the delinquency charge be greater than the maximum rate permitted by law. Customer shall pay all fees and expenses !� (including attorneys' fees) incurred by PLAYWORLD SYSTEMS' in the a� enforcement of its rights hereunder. SET OFF: PLAYWORLD SYSTEMS' shall have the right at any time and without notice, to set off any liability or obligation of Customer -� PLAYWORLD SYSTEMS' against any liability or obligation of to PL PLAYWORLD SYSTEMS' to Customer. �I fI FREIGHT CHARGES: Determined and collected by carrier I§ LOSS or DAMAGE in TRANSIT: PLAYWORLD SYSTEMS' is not tik responsible for loss or damage in transit. Our responsibility ends when the carrier signs the Bill of Lading, which is our receipt that the products were complete and in good condition when shipped. It is the customer's S responsibiliry to check the number of pieces shown on the freight bill and ,k tI our Bill of Lading. Any shortages or damages should be noted on the 1r� freight bill before it is signed. DELIVERY: Delivery and shipment dates are estimates only and does not guarantee delivery or shipment on or by such dates INSTALLATION: Installation is no' in the purchase price of PLAYWORLD SYSTEMS-'S products, unless expressly noted on the invoice. IT IS CUSTOMER'S RESPONSIBILITY TO ASSEMBLE, INSTALL AND USE THE PRODUCTS SAFELY AND IN ACCORDANCE WITH OUR INSTALLATION INSTRUCTIONS. INSPECTION: All products must be inspected upon receipt and claims must immediate y be filed m Th rhe transportation company an,d PLAYWORLD SYSTEMS' when there is evidence of shipping damage, either concealed or external EXPORT Customer is responsible for compliance with applicable export laws and obtaining the appropriate export licenses 'v ✓hen reselling the products. Limited Warranty PLAYWORLD SYSTEMS' warrants its products to the original customer to be free from structural failure due to defect in materials or workmanship during normal use and installation in accordance with our published specifications The warranty shall commence on the date of the PLAYWORLD SYSTEMS,' invoice and terminate at the end of the period stated below. The warramy stated is valid ONLY if the products and structures are: erected properly and in conformity with the layout plan and/ or installation instructions furnished by PLAYWORLD SYSTEMS' using approved parts, maintained and inspected in accordance with PLAYWORLD SYSTEMS' instructions; subjected to normal use for the purpose for which the goods were designed; not subject to vandalism, misuse, neglect, accident or unauthorized addiJon or substitution of parts; not moved, in whole or In part, after its initial installation and nct modified. altered or repaired by persons other than PLAYWORLD SYSTEMS' or its designees in any respect which, In the sole judgment of PLAYWORLD SYSTEMS', affects the condition or operation of the structures This warranty does not cover: 1) Cosmetic damage or defects, such as surface scratches, dents, marring, fading, discoloration, corrosion, warping of recycled plastic lumber, and cracking or peeling of Eco- Armor' polyethylene coating, 2) Damage due to normal wear and tear; 3) Damages to SMARTE' playground surfaces from improper site preparation and /or installation, improper maintenance and /or the use of unapproved cleaning materals. Surface punctures from items such as, but not limited to: knives, high heel shoes, chair legs, and park maintenance equipment. Damages due to normal wear and tear of top surfaces located under slide exits, equipment bases, and swings; 4) Damage due to'Acts of God such as hall, flooding, lightning, tornadoes, sandstorms, eathquakes, and windstorms, and 5) Damage due to 'Environmental Factors ", such as vvind -blown sand, saltwater, salt spray, or airborne emissions from ndusmal sources. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF CONDITION, DESCRIPTION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OR ANY REPRESENTATIONS OR WARRANTIES MADE IN ANY BROCHURES, MANUALS, CATALOGS, LITERATURE OR OTHER MATERIALS OF PLAYWORLD SYSTEMS° FURTHER, NO REPRESENTATION, WHETHER ORAL OR WRITTEN, OF ANY PLAYWORLD SYSTEMS' REPRESENTATIVE MAY BE SUBSTITUTED OR ALTER THE EXCLUSIVE LIMITED WARRANTY Page 1 of 2 Lewisburg, PA 1 800.233.8404 1 1.570.522 9800 1 PlayworldSystems com 0 19 .z Terms, Conditions and Warranty Certificate ConLi.u.d EXCLUSIVE REMEDYr To make a valid claim under the terms of this Wa•r;3nv, tine Customer's written statement of c;a.im (including a specific description of the defect), along wish a copy of the original invoice, maintenance records, and supporing photographs, must be received by PLAYWORLD SYSTEMS'P on or before the end of the applicable warranty period at the following address: 1000 Buflalo Road, Lewisburg, PA 17837 -9795 USA Should any breach of this warrany occur within the applicable warranty period, PLAYWORLD SYSTEMS' shall, upon, prupe- n:;t * cation in writing of the defect, correct such defect, either by repairing any defective part or parts or by making available a replacement part, at PLAYWORLD SYSTEMS option, within 60 da; s of receipt of such ; ;,rtten notification. PLAYWORLD SYSTEMS-' shall deliver repaired or replacement part or parts provided under the terms of its Limited Warranty to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts and the installation of any replacement part or parts Replacement parts provided free of charge under the terms of PLAYWORLD SYSTEIvi Limited Warrary shall be guaranteed for the balance of the original part's applicable warranty period but not thereafter. LIABILITY EXCLUSIONS. TO THE EXT ENT PERMITTED BY LAW, PLAYWORLD SYSTEMS`°- SHALL IN NO EVENT BE LIABLE IN CONNECTION WITH A PRODUCT FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, BASED ON TORT, CONTRACT OR OTHER LEGAL THEORY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF AN AMOUNT EQUAL TO THE PURCHASE PRICE FOR SUCH PRODUCT. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS CUSTOMER'S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT THE REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE FORCE MAJEURE: PLAYWORLD SYSTEMS` shall not be liable in anyway because of unforeseen circumstances or causes beyond its control, including, without limitation, strike, lockout, embargo, riot, war, act of terrorism, fire, act of God, acciden -, `aihre or breakdown of componerts necessary to order completion, subcontractor, supplier or Customer caused delays, inability to obtain labor, materials or manufacturing facilities, or compliance with any la,v, regulation or order. SAVINGS CLAUSE: If any part of the terms and conditions stated herein is held void or unenforceable, such part, to the ex<ent void or unenforceable will be treated as severable, leaving valid the remainder of the terms and conditions which shall be deemed revised so as <o remain enforceable to the greatest extent possible consistent with such holding. GOVERNING LAW: All matters relating to the sale of products or services shall be governed by the law of the Commonwealth of Pennsylvania U.S.A., notwithstanding any conflict of laws principles. DISPUTES: Customer irrevocably consents to the exclusive jurisdiction and venue of the courts of Pennsylvania, U.S A in the United Stases District Court for the Middle or Eastern District of Pennsylvania in all matters arising out of or relating to the sale of products andior services hereunder DESIGN: PLAYWORLD SYSTEMS' continually improves ;he equipment available for your play area and therefore reserves the right to change the design specifications without notice Limited Warranty Time Periods • LIFETIME on steel and aluminum posts, stainless steel hardware, clamps, deck hangers, post caps, and cast aluminum parts, except as othennise specified below • 25 YEARS on Spring Mates' aluminum castings. • 15 YEARS on all perforated steel decks and stairs, s:eel rails . s.atiorary weldments, rotationally- molded and sheet plastic components, recycled plastic lumber, roof panels, stainless steel slides, aluminum slide, and Play`Neb'tubular steel pars, except as othernise specified below by or „d-ct famfy type • 10 YEARS on fiberglass signage. R,-&ElockO' handholds, accessible swing seats, steel -core cable, all Fun Centers and FirstPlay” play structures, and pre -cast PolyFiberCreie' or reinforced concrete products. The warranty for pre -cast concrete products does not cover minor chips, hairline cracks or efflorescence. • 5 YEARS on all PlaySimplec play structures; CushionPlay" ; DropZone Tower" , LiveWire Zip Line" , AeroGlider ", Border Timbers "; swing seats; steel coil and C springs, and sre amenities including all benches, tables, liter receptacles and bike racks- All motion,'iToving play components and parts. All mo;ionimoving play components and parts. SMARTED playground surfaces including impact attenuation characteristics per ASTM F1292 -09 as required at time of installation • 2 YEARS on NEOS, electronic based play products, GardenSoxx' polyethylene bags, swing chain, swing devises, swing galvanized attachment hardware, and any other materials not covered above. ('Ao extended 3 -year NEOS parts -only warranty is available for purchase. Contact your Playworld Dealer or Playworld Systems for more details.) Page 2 of 2 Lewisburg, PA 1 800.233.8404 + 1.570.522.9800 1 Play'worldSystems com 0.1 A 1 S Vr1NY tS4 � Pf � z u P yF 99 F L ° 0.00 `'b c Tr of sN Pao TO: VIA: FROM DATE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947 -0606 City Hall (305) 949 -3113 Fax (305) 947 -2150 Building Department (305) 947 -5107 Fax Norman S. Edelcup, Mayor Isaac Aelion, Vice Mayor Jeanette Gatto, Commissioner Jennifer Levin, Commissioner George "Bud" Scholl, Commissioner Christopher J. Russo, City Manager Hans Ottinot, City Attorney Jane A. Hines, MMC, City Clerk MEMORANDUM The Honorable Mayor and City Commission Christopher J. Russo, City Manager Bill Evans, Assistant City Manager May 15, 2014 RE: Resolution Approving a Contract with Playmore West, Inc. d /b /a Playmore Recreational Products and Services to Furnish and Install Playground Equipment and Shade Structure at Intracoastal Park South RECOMMENDATIONS: Staff is recommending the City Commission approve the attached resolution. REASONS: Previous negotiations with Rep Services included furnishing and installing playground equipment and a shade structure at the south end of Intracoastal Park South. The base contract was approved by City Commission in February 2014 for this work, however, in the intervening time, Rep Services has refused to execute the contract given they are unable to install the shade structure compliant with Florida Building Code as well as standard engineering practice (on piles) for reasonable additional compensation. As a result, the City subsequently contacted Playmore Recreational Products and Services to prepare a proposal for the playground equipment and shade structure that meets relevant Code sections of the Florida Building Code compliant with the theme specified by the City. This contract provides for procurement and installation of the playground equipment, specialty surface, and shade structure. This procurement is priced in accordance with an existing government contract with Palm Beach County. The total contract price for the project, compliant with relevant Codes, is less than Rep Services had otherwise proposed. COST: Not to exceed $197,200.00 from Account Numbers 20- 600.5682,5686, 5687 and 5692