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
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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