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HomeMy WebLinkAboutReso 2011-1830 RESOLUTION NO. 20] ] - I~ 3D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING RFP NO. 11-]0-01 TO AND APPROVING AN AGREEMENT WITH USA SHADE & FABRIC STRUCTURES, INC. FOR THE DESIGN, PERMITTING, AND INSTALLATION OF THE PLAYGROUND CANOPIES AT HEIUT AGE PARK AND GOLDEN SHORES PARK, IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THIRTY-FOUR THOUSAND SIX HUNDRED TWENTY-THREE DOLLARS, ($334,623.00), 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, on July I. 20 11, the City advertised and issued Request for Proposals (RFP) No. 11-10-0 I for the design, permitting, and installation of the playground canopies at Heritage Park and Golden Shores Park, for which thrce responses were received; and WHEREAS, staff has recommended USA Shade & Fabric Structures, Inc. for the required turn-key services based on proposed conceptual drawings and approach to the fabrication and installation of the canopy assembly by USA Shade & Fabric Structures, Inc.; and WHEREAS, USA Shade & Fabric Structures, Inc. has expressed its ability and desire to provide the City with a canopy design that covers most of the playground structures with minimal impact to the existing play area; and WHEREAS, the City wishes to enter into an agreement with USA Shade & Fabric Structures, Inc. for the design, permitting, and installation of the playground canopies at Heritage Park and Golden Shores Park, in an amount not to exceed Three Hundred Thi11y-Four Thousand Six Hundred Twenty-Three Dollars ($334,623.00), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Incorporation of Recitals. The recitals set forth in this Resolution are incorporated herein by reference as iffully set forth herein. Section 2. A ward of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 11-10-0 I to and approves an Agreement with USA Shade & Fabric Structures, Inc. for the design, permitting, and installation of the playground canopies at Heritage Park and Golden Shores Park, in an amount not to exceed Three Hundred Thirty-Four Thousand Six Hundred Twenty-Three Dollars ($334,623.00). RlOII- USA Shade re Cnnopies at Heritage llnd Golden Shores Pks (Bid 11-10-01) Page 1 of2 Section 3. Authorization of Mavor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 22"d day of December 2011. ATTEST: ~~A(~ Jane A. Hines, CMC, City Clerk ty Attorney Moved by: /1 . - A '---. L--o""'~. 1.1., _a-. WOIU Seconded by: Co",,^,,^l~l J":~ GA-TTD Vote: S-D Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl V(Yes) V{Ves) V(Yes) :;;~Yes) (Yes) _(No) _(No) _(No) _(No) _(No) R2011- USA Shade re Canopies <It Heritage and Golden Shores Pks (Bid 11-10-01) Page 2 of2 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND USA SHADE & FABRIC STRUCTURES, INC. CONTRACT NO. CII12-008 THIS AGREEMENT, entered into this ~4t,. day of \='~"-^4(2011, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to'the "City") and USA SHADE AND FABRIC STRUCTURES, INC. a Florida corporation, authorized to do business in the State of Florida (hereinafter referred to as the "Contractor"), whose federal tax identification number is REC]T ALS WHEREAS, the City is in need of a contractor for the design and construction of fabric canopy structure at Heritage Park and Golden Shores Community Park ("Services"), as more particularly describcd in Attachment "A", attached hereto and made a part hereof; and WHEREAS, the Contractor is qualified, willing and able to provide the Services on the terms and conditions set forth herein; and WHEREAS, the City desires to enter into this Agreement with Contractor to provide the Services in a total amount not to exceed Three Hundred Thirty-Four Thousand Six Hundred Twenty-Three Dollars ($334,623.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: I. RECITALS. The Recitals set forth above are hereby incorporated into this agreement and made a part hereof for reference. 2. SERVICES. Contractor shall provide to the City the Serviccs as more particularly described in Attachment "A" attached hereto and made a part hereof. Contractor's performance of Services shall allow pedestrian access from the Heritage Park parking garage to the Heritage Park area with minimal interruptions. Additionally, the Contractor's performance of Services at Golden Park and Heritage Park shall occur simultaneously. Contractor's wind load calculations shall be made per Florida Building Code (latest edition) as required by the City's Building Department. Contractor acknowledges that the Contractor's pricing detail sheets and General Terms and Conditions shall not apply to this Agreement and shall not be considered part of the Contract Documents, as defined in Section 1.23 of Request for Proposal No. 11-10-01. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 11 hereunder, the tenn of this Agreement shall commence from the issuance of a Notice to Proceed from the City Manager or his designee and the Services shall be completed no later than One Hundred Eighty-Seven (187) days thereafter. Exhibit "A" ('; f ~j ~.j 1 [; CII12-Q08USA SHADE & FABRIC STRUCTURE. Page lof11 4. LlOUIDATED DAMAGES AND OTHER REMEDIES FOR DELAY. In the event the Services are not completed within One Hundred Eighty-Seven (187) calendar days from the issuance of a Notice to Proceed from the City Manager or his designee, and in the absence of any extensions 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 187 days 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. 5. COMPENSATION. The Contractor agrees to provide the Services in a total amount not to exceed Three Hundred Thirty-Four Thousand Six Hundred Twenty-Three Dollars ($334,623.00) ("Compensation"). The City is not required to reimburse the Contractor for any services beyond the agreed upon Compensation unless the services are authorized by amendment and approved as required by the City's purchasing procedures. Payment to Contractor for all charges and tasks under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". The 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 Manager or his designee. If the City disputes any charges on thc invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. 6. 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, officcr 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 transportation, office and other supplies as it detennines necessary in carrying out its duties under this agreement. 7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being perfornled 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, contractors or employees, as more particularly set forth below: (a) General liability insurance with limits of Two Million Dollars ($2,000,000) combined single limit occurrence. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive (' j' r-, ~.) 1 r-< ,~ CII12.00SUSA SHADE & FABRIC STRUCTURE, INC. Page20fll General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. The City of Sunny Isles Beach is to be named as an additional insured with respect to liability arising out of operations performed for the City by or on behalf of Contractor or the acts or omissions of Contractor in connection with such operation. (b) Workers' Compensation insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and all applicable federal laws. (c) Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. Employers' non-ownership. Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. 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 appropriately endorsed for contractual liability with the City named as an 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 CI I 12-008 USA SHADE & FABRIC STRUCTURE, INC. Pagc30fll (~ ~; r"'l ~j i l(5 canceled or altered without thirty (30) calendar days prior written notice to the City Manager or his designee. 8. PERFORMANCE AND PAYMENT BOND 8.1 With the execution and delivery of this Agreement, the Contractor shall furnish the following Surety bond in form contained herein: a. Performance and Payment Bond guaranteeing full and faithful execution of the Services in an amount equal to 100 percent of the Compensation as set forth in Section 5 above, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. 8.2 The Performance and Payment Bond shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. 8.3 The Perfornlance and Payment Bond shall executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. 8.4 Qualifications: As to companies being rated acceptable: A Perfornlance and Payment Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above minimum qualifications, the Surety Company must meet the following additional qualifications. I. The City will accept a surety bond from a company with a rating of B++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the Surety Company based on the financial information available to the City. A Surety Company that is rejected by the City may be substituted by the bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. a. The Surety Company shall have at least the following m1l11mUm ratings: Amount of Bond Policvholder's Rating Financial Size Category 100,000 to 1,000,000 B++ Class V or higher 1,000,001 to 2,000,000 A- Class VI or higher 2,000,00 I to 5,000,000 A Class VII or higher b. All Surety Companies are subject to review and approval by the City Manager or his designee and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. 8.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida C1112-008USA SHADE & FABRIC STRUCTURE. INC. Page40fll , : .... , ; ~ ' ,; i i,'J'." ,.. 9. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. 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, 10. DUTY TO DEFEND, INDEMNIFY AND HOLD HARMLESS. Contractor agrees to defend, indemnify and hold harmless, the City, its officers, agents, employees from, and against any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's control in connection with the Contractor's performance of Services under this Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the total compensation is a specific consideration from the City to the Contractor for this indemnity. 11. TERMINATION, A. If, through any cause within the 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 ternlinate 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 this agreement (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. (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 payments 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. I3. Termination for Convenience of City. The City may, for its convenience and without cause tenninate the services then remaining to be performed at any time by giving written notice to Contractor which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i) and (ii) above shall be applicable hereunder. CI I 12-008 USA SHADE & FABRIC STRUCTURE.INC. Page5ofl\ i" " I" '. ,"" ..) ". U C. Termination for Insolvencv. 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. WARRANTY OF CONSTRUCTION 12.1 The Contractor shall warrant that the Services confonn to the Agreement and are free of any patent and/or latent defect of the workmanship for a minimum period of one year from the date the Services are complete. 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. 12.2 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. 12.3 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. 13. CHANGE ORDERS 13, I Changes in the quantity or character of Services or to the contract amount shall be authorized only by change orders approved in advance and issued in accordance with the provisions of this Agreement. 13.2 All changes to the Services or the construction schedule must be pre-approved in writing by the City Manager or his designee in accordance with the value of the change order or the calculated value of the time extension. All change orders must be pre-approved in writing by the City Manager or his designee. 13.3 In the event satisfactory adjustment cannot be reached for any item requiring a change in the contract amount, the City reserves the right at its sole option to either terminate the Agreement as it applies to the items in question and make C1112-008USA SHADE & FABRIC STRUCTURE, INC. Pagc60fll " , ," : f'" '.." ) ,.". .." such arrangements as may be deemed necessary to complete the disputed work; or may submit the matter in dispute as set forth in the dispute resolution procedures set forth in this agreement. 13.4 To adjust allowance amounts, Contractor shall base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place, If applicable, Contractor shall also include reasonable allowances for cutting losses, tolerances, mixing wastes, nornlal product imperfections, and similar margins. Contractor also agrees to the following conditions: . Include installation costs in purchase amount only where indicated as part of the allowance. . If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. . Submit substantiation of a change in scope of work, if any, claimed in change orders related to unit-cost allowances. . The City reserves the right to establish the quantity of work- in-place by independent quantity survey, measure, or count. Contractor must submit claims for increased costs because of a change in scope of Services, whether for the purchase order amount or contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims within fourteen (14) calendar days of receipt of the change order or construction change directive authorizing work to proceed. The City or its designee will reject claims submitted later than fourteen (14) calendar days after such authorization. Contractor also agrees to the following conditions: . Do not include Contractor's or subcontractor's indirect expense in the change order cost unless it is clearly shown that the nature or extent of work has changed from what could have been foreseen from information in the contract documents. . No change to Contractor's indirect expense is permitted for selection of higher or lower priced materials or systems of the same scope and nature as originally indicated. 13.5 On the City's approval of a proposal request, the City or its designee will issue a change order for signatures of the City and the contractor on AlA Document G701 or approved change order fornl prepared by the City. 14, DEFECTIVE WORK 14.1 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 replace it with non-defective work. Contractor shall bear all direct and CI I 12-008 USA SHADE & FABRIC STRUCTURE.INC. Pagc70fll (" r..., ~~.:} '.~ L~ indirect costs of such removal or corrections including cost of testing laboratories and personnel. 14.2 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 or may be charged against the Performance and Payment Bond. 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. 14.3 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. 14.4 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. 14,5 Where the City or its designee becomes aware of faults, defects or non- confornlity in any of the work provided under this Agreement or with the work being perfornled 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-confonlling work. 15. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not subcontract, assign or transfer any work under this agreement without the prior written consent of the City. Should the Contractor subcontract any services under this agreement, it shall be done with continued liability for the Contractor. The Contractor shall remain responsible for services, responsibilities and liabilities of any person or entity acting under Contractor. 16. TIME OF COMPLETION, The Services to be rendered by the Contractor shall commence upon the issuance of a Notice to Proceed from the City Manager or his designee CI I 12-008 USA SHADE & FABRIC STRUCTURE, INC. Pagc80fll :....., t~~' .i ~<..i ~1 and shall be completed within One Hundred Eighty-Seven (187) calendar days thereafter. A reasonable extension of time shall be granted in the event the work of the Contractor is delayed or prevented by the City or by circumstances beyond the reasonable control of the Contractor including weather conditions of acts of God which render the perfonnance of the Contractor's duty impracticable. 17. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of patty. 18. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non- prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 19. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any 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 in a court of equity for violating such provisions. 20. 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: C 1112-008 USA SHADE & FABRIC STRUCTURE, INC. Page90fll ,"", ,,, . . ~ '.. , to<. If to the City: Alan J. Cohen With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins A venue 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: Dale Campion USA Shade & Fabric Structure, Inc. P.O. Box 560168 Dallas, Texas 75356-0168 Tel: (239) 919-4519 21. GOVERNING LAW. This Agreement shall be governed by and construed 111 accordance with the laws of the State of Florida. 22, 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. 23. 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 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 payor other fonns 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. 24. 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, direct or indirectly which should conflict in any manner or degree with the performance of the services. The Contractor further covenants that in the perfornlance of this C' " I , .'. ~ " . C1112-008USA SHADE & FABRIC STRUCTURE, INC. Page 10 of II agreement, no person having any such interest shall knowingly be employed by the Contractor. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this agreement or to any benefits arising therefrom. 25. CONFLICTING PROVISIONS. The terms and conditions in this agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. 26. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. WITNESSES: USA SHADE & FABRIC STRUC RE,INC. B 1- I rint Name WITNESSES: Print Name CITY OF SUNNY ISLES BEACH ATTEST: BY. ~{J APPROVED AS TO FORM AND LEGA FFICIENCY , , By:d'~A~ '~.~ Jane A. Hines, CMC, City Clerk : '. ':> " ,., , j CI I 12.008 USA SHADE & FABRIC STRUCTURE, INC. Page II ofll o Ha!,~2t!~gn~ Approach Methodolgy Heritage Park We designed a custom sail structure for Heritage Park. Aesthetics was the critcal factor in how we designed this location. Not only is our design astheically pleasing, it is functional and durable. Free form sails are the perfect solution, providing an open flow design. The proposed custom design achieves all requirements, and then some. The sails are a feature and functional art piece within their own right. This design provides an inviting area for children and adults alike. Creating a fun family place to play and relax. The proposed custom design has award winning potential. . Supporting structure engineered to 146 mph per Florida Building Code 2007 for Miami Dade County. Tops to be removed at 90 mph . All cabling and fittings are stainless steel . Due to placement of columns there will be minimal damage to rubber surface. Schedule of Proposed Services for Heritage Park This is a Progressive Schedule Once bid is awarded, execute agreement and provide bonds Design Drawings, Site Survey Engineering after final design has been approved Permitting submittal Manufacturing & delivery Installation of supporting structure Site measure for custom sails Manufacturing & delivery of sails and supply of fittings and cables Delivery of sails to site Installation of sails 2 weeks 3 weeks 3 weeks 2 weeks 6 - 8 weeks from approval of building permit 2 to 3 weeks 2 days 3 -4 weeks 1 week 3 days 'Installation times are subject to weather conditions. Installation Details: 1. Supply labor, material and equipment to erect 10 sails (shade cloth) with 11 columns. 2. Excavation, rebar and concrete as required, a total of 8 foundations. (2) @ 6.5' X 6.5' X 4' (3) @ 8' X 8' X 4' (3) @ 12' X 12' 4' 3. Layout and placement of anchor bolts for all columns 4. Layout, drill and epoxy a total of 15 wall brackets. 5. Removal and replacement of 388 square foot PPI rubber surface. A total of 3 columns. All remaining 5 columns are located in landscape areas. 6. Private underground utilities locating company before any excavation starts. 7. Protection of brick pavers and rubber surface during construction. 8. Non-shrink grout under all column base plates. 9. Total clean up of the site (Daily). n. ,\ " '.-. " . ATTACHMENT "A" o USASHADE & Fabric Structures. Inc. Golden Shores Park We have provided two options for this park. A Multi Panel Hexagon which has great visual interest and a Mariner Hexagon. The mariners have become our most popular design in recent years. They provide the same amount of shade, are cost effective and the visual interest is much improved. Plus with both of these options, you are able to mix and match fabric colors as both structures have multiple panels. . Supporting structure engineered to 146 mph per Florida Building Code 2007 for Miami Dade County. Tops to be removed at 90 mph . All cabling and fittings are stainless steel . Due to placement of columns there will be minimal damage to rubber surface. Schedule of Proposed Services for Golden Shores Park This is a Progressive Schedule Once bid is awarded, execute agreement and provide bonds Design Drawings, Site Survey Engineering after final design has been approved Permitting submittal & appproval Manufacturing & delivery Installation of structure 2 weeks 2 weeks 2-3 weeks 2-4 weeks 6 - 8 weeks from approval of building permit 1 to 2 weeks 'Installation times are subject to weather conditions. Installation Details: 1. Supply labor, material and equipment to erect (1) hexagon shade structure. A total of 6 columns. 2. Excavation, rebar and concrete as required, a total of 6 foundations 6' X 6' X 4'. 3. Layout and placement of anchor bolts for all columns 4. Removal and replacement of 72 square foot PPI rubber surface. A total of 2 columns. All remaining 4 columns are located in landscape areas. 5. Private underground utilities locating company before any excavation starts. 6. Protection of brick pavers and rubber surface during construction. 7. Non-shrink grout under all column base plates. 8. Total clean up of the site (Daily). ,- ".).., '."_ "J C.,"- ~J o USASHADE & Fabric Structures, Inc. Fabric Features Pre-engineered to withstand winds up to 90mph High density polyethylene fabric (HOPE) Mildew & rot resistant Heat & hail resistant Maintains color in all weather conditions Lockstitch sewing technique that prevents frays and unraveling Temperature reduction of up to 30 degrees . Fabric available in 13 vibrant colors . 10-year prorated warranty on fabric . Exclusive arrangement with Multiknit - not a single quality rejection of fabric in 16 years! Structure Features Our steel can be zinc coated if we install it in a high moisture area. This aids in the prevention of corrosion and rust. We also use a powder coat for color, which is thicker and stronger than paint and provides better rust protection. Because we produce such a high quality product, we back it up with a 10 year warranty. . Sandblasting promotes better adhesion of powder coating . Smooth, durable 3 mil powder coating provides consistent color and protects against rust . Hot Dip Galvanizing as an option rather than painting Custom made structures for almost any requirement lO-year structural warranty on steel . Coastal Primer !"I, ;" -' ~ U l /..-'/ ~~,.. PROPOSAL Corporate Mailing Address: 0 P.O. Box 560168 Dallas, TX 75356-0168 (800) 966-5005 USASHADE & Fabric Structures, Inc. ~t\"" ~s Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 A Brand of USA Shade & Fabric Structures, Inc. This is a legal agreement - Please read carefully. Complete and initial all pages Purchaser: City of Sunny Isles Beach Date: 11/15/11 Sales Rep: Dale Campion Contact: PO Number: Phone: 239-919-4519 Phone: Quote No.: 1000124DEC Emaii: dcampion@usa-shade.com Billing Infonnallon: Shipping Infonnatlon: Jobslte Infonnallon (Including site name): 18070 Collins Ayenue Golden Shores Park Golden Shores Park Sunny Isles Beach, FL 33160 191s1 Terrace 191st Terrace SunnY Isles Beach, FL 33160 Sunny Isles Beach, FL 33160 Contact: Contact: Contact: Phone: (305) 947-0606 Phone: Phone: Fax: (305) 949-3113 Fax: Fax: Email: Email: Email: STRUCTURE PRICING QTY DESCRIPTION DETAILS PRICE I Option] Multi Panel Hexagon Structure Proposal-SP1 45' diameter Structure Size Number of Posts Number of Fabric Tops Fabric Type Fabric Color Steel Color Post Attachment Method Entry Height VVindload Snow load Notes: Supporting structure engineered to 146 mph per Florida Building Code 2007 for Miami Dade County. Tops to be removed at 90 mph. 6 6 Shadesure ™ TBD TBD Surface Mount 10' 90 to 146 MPH 5Lbs/Sft Structure Size Number of Posts Number of Fabric Tops Fabric Type Fabric Color Steel Color Post Attachment Method Entry Height VVindload Snow load 45' diameter 6 6 Shadesure ™ TBD TBD Surface Mount 10' 90 to 146 MPH 5Lbs/Sft Notes: Supporting structure engineered to 146 mph per Florida Building Code 2007 for Miami Dade County. Tops to be removed at 90 mph. Page 2 Unit Cost Shipping Engineering Installation $16,164.00 $2,500.00 $1,500.00 $23.250.00 Tolal Cost $43,414.00 Unit Cost Shipping Engineering Installation $18,689.00 $2,800.00 $1,800.00 $23.250.00 Total Cost $46,539.00 Initials (":- r" ., ., I" J t~; l L.'~~. PROPOSAL Corporate Mailing Address: 0 P.O. Box 560168 Dallas, TX 75356-0168 . (800) 966-5005 Option 3 Hexagon Structure Proposal-8P1 USASHADE & Fabric Structures. Inc. Structure Size Number of Posts Number of Fabric Tops Fabric Type Fabric Color Steel Color Post Attachment Method Entry Height Wind load Snow load ~)\,' ~n poris A Brand of USA Shade & Fabric Structures, Inc. 45' diameter 6 1 Shadesure T" TBD TBD Surface Mount 10' 90 to 146 MPH 5Lbs/Sft Notes: Supporting structure engineered to 146 mph per Florida Building Code 2007 fOf Miami Dade County. Tops to be removed at 90 mph. Page 3 Remittance address: USA Shade & Fabric Structures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 Unit Cost Shipping Engineering Installation $15,935.00 $2,500.00 $t ,500.00 $23.250.00 Total Cost $44,501,00 (' Initials ~~ ~ " ~ ~. i ~ ~- z~ ~<! ~~ I ~< ! .u~i~~li I I "15"r --_.. .- 'IYI I' "'''=-==-''' I~ l!~1ZI I I ~.'W-:''1:':.~ ,"-t>.I'li i, ffl!"~~u~ 3o~VHS;,'in ~f .1 h > I~=~J:~ ~"'OOT'-_ ~'!I ......'*'".....-~~=,.,.....' -.."""".... ~ ---.."'--.........""'- C"JllH3_a UYO I \ L 7S > o < o ~ ;4;'.~",~ P L-l1 l. \ .' lj '! I ~ ~ .... ~ ~""";I..a n ~~ ~I' II~ ;EB ~.5 S ~' ... s s;: N ... :; ; ~III ; I ~! 0 Jill ~ t, ~I '.~~ ~.~~ ~~~~ g~~~ ~hirl ~' ~ d!~ - .~~I~ ih~; .1 ~ i~~.:l ;~~e3 liiU h3~g I~~~ E w~~I~ ..., ~ w ;; 2 . " " 2 o ~ . > W ., W , g'l " ~ ~ ~ . ..a r, ' '"'\ ", { 1,,- Vi ~ I". DIIi"",,,,,QilWG ~~. ~g h I 3 ~~ a~ ;~~8 r~l~ill I~ '~n r~~3 h~~ mh~ ~I'.~ ~ ~3 p~1 ~hh """""..-.y.,........... .,-.".,. ",,,,,,,,,~y. ..--.. ltUIOS_ __"",'WlnYISl;I;I I lIQillllMlC5l: In.o....~U'fO'..;VO -~ > ,,~,"X.L"iYTT'f<l JIt:N\O)IlirJlMQYfOII IYlUIYl\QClY]lll.LnOolllO' .~ ~~~ ri 30VHsysn (~ ! I ~ --""--:.:-\:::-,::,=..,--- i I ~ ---"'''''''''''''.......--....-............. ~I~ ~~g ~i~ ~i; If ~i91 ~.~ .h ^"~ ~ ~ ~ p p s '" ... ;;;Ii h u ~~~ ~ ~ llll t! I z :i:' ~::t R;~ ':'i CI n C > , ~I~ ;!i~ IEB (, ~. '"" \..;!' f' , > ~~ 6 ~~ ~. ~ ~ !a ZW !:1ft. ;r ~~l~~ il !V IU~i~~!i I~ 1 ~% !. I ........"",""'" -"..-........- ...,...--...,'...."'u. --- m"ll'I_ .....\<:l'W:ln...1SOO gj 11B1V"f~~'=~II"'" ! ..n~'X.lt06~o _WOTl>>lMOY~ 1"fUIlYI'IOOTiltJlnQoo'WO~ ,Il-.n .., Ii .o-,9Z I<~ l!~~ d 30VHSYSn (~ ,I II -~."-~.=or.:::"'-'._~ i' II ....._"""'...-w...............,.........--....... --:o::iI" , c c. ." > ~ " ,. , " ?: L o ~. 4' a',j ~ ~I h o C v. n ~~ . L ~~ .." " OIIIl<l<~_a 11..-0 -....~Ja ~ ~ t I ~ ~ , IIlH;I~ ii'iI~18!1 '..~ ~.'" ..:.~. . -."...., / . ;) ,",f :::1 '~i."~; . "I " " I""" ';' ,."'U_~., ;; ~~: w > ,. ,. " , v. " '" , tC,:' ::." r:) ..; ~ I . l~.. PROPOSAL Corporate Mailing Address: tll,\( P,O. Box 560168 4t<f' 'ili Dallas, TX 75356-0168 '~~4~i\ (800) 966-5005' USASHADE & Fabric Structures, Inc. , " ~' \ ., , ._._._'_<'-7_~...:..:.::.:-,-... Sun Port:s F A Brand of USA Shade & Fablic Structures, Inc. Remittance address: USA Shade & Fabric Slructures. Inc. P.O. Box 678420 Dallas, TX 75267-8420 This Is a legal agreement - Please read carefully. Complete and Initial all pages Purchaser: City of Sunny Isles Beach Date: 12/20/11 Sales Rep: Dale Campion Contact: PO Number: Phone: 239-919-4519 Phone: Quote No.: 1000126DEC Emall: dcampion@usa+shade.com BIlling Information: ShIpping Information: Jobslte Information (Including site name): 18070 Collins Avenue Heritage Park Heritage Park 19200 Collins Ave 19200 Collins Ave Sunny Isles Beach, FL 33160 Sunny Isles Beach, FL 33160 Sunny isles Beach, FL 33160 Contact: Conlac!: Conlac!: Phone: (305) 947-0606 Phone: Phone: Fax: (305) 949-3113 Fax: Fax: Email: Email: Email: STRUCTURE PRICING QTY DESCRIPTION DET^ILS PRICE Rc Custom Sail Structu re CON-NOV-O]2-] ](]002) Rev C ~/ '-'. \~,,~::,'~)Jt~ I '. '.,- ~ 1'1 .~' ~! II ,'U~tLl...,jl [\ -...... I "'N'!'_ I I 'nJitrr'it~r1,1 i ::: ~l URli!I~1 .. '.' -""~I /. i.l~ ;~ L~ I.~ WI / ,.,.,,- t (I -~ .,T_ ..,- ~1 I '-=1 ..... ~~(tLl"Li , lit: j !lTl:lJtj)~~.,jCLi Wi ~Ip~.kr b~ . -.1 Proposal-SP1 Structure Size Number of Posts Number of Fabric Tops Fabric Type Fabric Color Steel Color Post Attachment Method 9000 SF 16 9 Shadesure ™ Turquoise & Royal Blue or Black, Silver, Red Grey Recessed Base Plate Entry Height 10' to 30' Wind load 90 to 146 MPH Snow load 5Lbs/Sft Notes: Supporting structure engineered to 146 mph per Florida Building Code 2007 for Miami Dade County. Tops to be removed at 90 mph. ~ \3,boa- iNC<-Ud"<i 4,,, l'IL'on'iI>JAL SAtL OVf'"" Wi" :)t>liNC-5, SAIL, "v~tt1- ~;IJIIN0 1,,>Ji\S tlt(:"vb.'O FfW''''' 1\l~' ~2'D1,';'Z fr-.U, &-st..:;, .:IN f\lo.ll~-t. ('"""I,JVt~,)J\"f1 " Unit $119,529.00 S & II $4,000.00 Engineering $5,000.00 InslaUation $140.238.00 Sublolal $268,767.00 Bond 12%) $5.375.00 Total 5274,142.00 Repair Limerock Surface and replace with PIP rubberized surface Cost $7,380.00 Total Cost $281,522.00 to '. t,5,\,OO-<:!.' ~ '2.')0,12.2. - )' 1(,/21/,011 rJ wi bM..r. CAII'\PI H Page 2 r, ;.~.~ Initials ,. 1;....: l~" PROPOSAL Corporate Mailing Address: 0 j; ~~1.l>, """,' P.O. Box 560166 ./,..;, '~;1 Dallas, TX 75356-0166 "',. .~ (600) 966-5005 . Option 3 Hexagon Structure Proposal-SP1 USASHADE & Fabric Structure., Inc. Structure Size Number of Posts Number of Fabric Tops Fabric Type Fabric Color Steel Color Post Attachment Method Entry Height Wind load Snow load .' n ~ i\ ",/ . -"~ _.---~~-~- ~n Ports A Brand of USA Shade & Fabric Structures, Inc. Remittance address: USA Shade & Fabric Slruclures, Inc. P.O. Box 678420 Dallas, TX 75267-8420 45' diameter 6 1 Shadesure T. TSD TSD Surface Mount 10' 90 to 146 MPH 5Lbs/Sft Notes: Suppor1ing slruclure engineered to 146 mph per Florida Building Code 2007 for Miami Dade County. Tops to be removed al90 mph. Page 3 ,'''' ", r.o, ~; 1 :_~ Unit Cost Shipping Engi neering Installation $15,935.00 $2,500.00 $1,500.00 $23.250.00 Total Cost $44,501.00 Initials PERFORMANCE BOND Bond Number,929540534 KNOW ALL PERSONS BY THESE PRESENTS, That we USA Shade & Fabric Structures, Inc. of 8505 Chancellor Row, Dalias, TX 75247 , hereinatter referred to as the Principal, and Western Surety Company, P.O. Box 5077, Sioux Falis, SD 57117-5077 as Surety, are held and firmly bound unto City of Sunny Isles Beach of 18070 Collins Ave., Sunny Isles Beach, FL 33160 , hereinatter referred to as the Obligee, in the sum of Three Hundred Thirty Four Thousand Six Hundred Twenty Three and no/100-.. Doliars ($ 334,623.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severaliy, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the day of , for Contract No. C1112-008, Golden Shores Park located at 191st Terrace and Heritage Park located at 19200 Coliins Ave. - Sunny Isles Beach, FL NOW, THEREFORE, if the Principal shali faithfully perform such contract or shali indemnify and save harmless the Obligee from ali cost and damage by reason of Principal's failure so to do, then this obligation shall be nuli and void; otherwise it shali remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years atter Contractor Default or within two years atter the Contractor ceased working or within two years atter the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 24th day of January 2012 US & Fabric Structures, Inc. (Prin . al) By (Seal) By , ~Seal) Attorney-in-Fact Form F4597 PAYMENT BOND Bond Number: 929540534 KNOW ALL PERSONS BY THESE PRESENTS, That we USA Shade & Fabric Structures, Inc. of 8505 Chancellor Row, Dallas, TX 75247 , hereinafter referred to as the Principal, and Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077 as Surety, are held and firmly bound unto City of Sunny Isles Beach of 18070 Collins Ave., Sunny Isles Beach, FL 33160 , hereinafter referred to as the Obligee, in the sum of Three Hundred Thirty Four Thousand Six Hundred Twenty Three and no/l0Q--- Dollars ($ 334,623.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated day of , for Contract No. C1112-008, Golden Shores Park located at 191st Terrace and Heritage Park located at 19200 Collins Ave. - Sunny Isles Beach, FL copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; othelWise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 24th day of January 2012 U By , ~r Iff' "Ie, H> Wes rn Su e Com an B4i~~4~F~~~) (Seal) , Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AlIl\Iell By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and Slate of South Dakota. and that it docs by virtue of the signature and seal herein affixed hereby make. constitute ;md appoint Pat J Moore, Gary W Wheatley, Bryan K Moore, Clark D Fresher, Betty J Reeh, Individually, of San Antonio, TX Michael D Hendrickson, Richard Deal, Jennifer J Clark, Individually, of Irving, TX, its true and lawful Attorney(s)-in-Facl with full power and authority hereby conferred 10 sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if sllch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of December, 201 I. ,,'"'''~~'ET~''''''''' ~~'t::...".",.~ C"O'.. !~o~90114>\\ ~:~(i "'}~j '~\~"".~F:A"':/l.l D&riro~\lo1-" ""~~,~;...<' WESTERN SURETY COMPANY -RL~1:niocvicCP'C'idcnt State of South Dakota County of Minnehaha } " On this 5th day of December, 2011, before Ille personally came Paul T. Brunat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so aftixed pursuant to authority given by the Boaru of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. November 30, 2012 +............................................................. + ~ D. KRELL ~ , , ~~NOTARY PUBLIC~~ s~SOUTH DAKOTA~s , , +.................................................... + ~ ~1~OeYp"bliC My commission expires CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of AHomey hereinabove set forth is still in force, and further certify that the By-Law of the corporation printect;/J/he reverse he f.t!l-still in force. my name and affixed the seal of the said corponltion this ~i.r day ot' ~'''''s~~'E7-y..".. f~t;;o~~t~ g:;(i ''"''~I %.\\~F:A...../~J VA', /A" +"-U'fi1"6r..~U$>~ -....;"""...~;.;.<> WESTERN SURETY COMPANY cr ~{:'b:'~SCCCCta,y Form F4280-Q9-06 Preview TO: FROM: DATE: RE: Page I of2 City of Sunny Isles Beach 18070 Collins Avenue Snnny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM The Honorable Mayor and City Commission Giovanni Batista, Public Works Director 12/22/2011 Heritage Park and Golden Shores Park Playground Canopy Contract RECOMMENDATION: Staff recommends that the Commission award RFP No. 11-10-01 and enter into an Agreement with USA Shade & Fabric Structures, Inc. for the design, permitting, and installation of the playground canopies at Heritage Park and Golden Shores Park in an amount not to exceed $334,623.00. REASONS: The City requires the design, permitting, fabrication, and installation of canopy covers over the Heritage Park and Golden Shores playground equipment. The canopies will provide shade to visitors and users of the playground equipment located at both parks. The shade will also protect the playground equipment from continuous exposure to sunlight. Staff issued RFP 11-10-0 I for the required turn-key services and three proposals were received as follows: I. Zurqui Construction Services, Inc. Base Bid: $381,500.00 Completion time: 322 days 2. USA Shade and Fabric Structures, Inc. Base Bid: $334,623.00 Completion time: 187 days (126 of those days are scheduled for design, permitting, and fabrication) Agenda Item ~ A Date 12-~~- ( I http://sibagenda.si bfl. net/agenda/Previ ew. aspx?I temID=6 7 5 &Meeting1 D Preview Page 2 of2 3. West Construction, Inc. Base Bid: $151,289.00 Completion time: 189 days (smaller structure than the other proposers) Based on the proposed conceptual drawings and approach to the fabrication and installation of the canopy assembly by USA Shade and Fabric Structures, Inc., City staff is recommending award of contract to the same for an amount not to exceed $334,623.00. USA Shade and Fabric Structures, Inc. provided an approach to the project that would provide the City with a canopy design that is effective, creative, and aesthetically pleasing. FUNDING SOURCE: Funding is available in 35-600-5663 for the Heritage Park Canopies Funding is available in 35-600-5612 for the Golden Shores Park Canopy ATTACHMENTS: . Resolution . Zurqui Conceptual Renderings . West Construction Conceptual Renderings USA Shade Conceptual Renderings http://sibagenda.sibfl.net/agenda/Preview.aspx?! temID=67 5&MeetinglD=0&MeetingDat... 12/21/2011