Loading...
HomeMy WebLinkAboutBack-Up DocumentsDocuSign Envelope ID: 5D00B5FE-98BC-4712-BCB3-F479C5EA7D7C yr 1+✓IIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager FROM: Annie -Perez, CPPO Director of Procurement/Chief Procurement Officer RECOMMENDATION: DATE: June 20, 2023 SUBJECT: Recommendation for Approval to Award Accessing City of Tampa ITB No. 31041421 Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement ENCLOSURES: Based on the findings below, the Procurement Department ("Procurement"), on behalf of the Parks and Recreation Department ("Parks"), hereby recommends the accessing of City of Tampa ("Tampa") Contract No. 31041421, Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement. Contract Number/Title: Tampa Contract No. 31041421 Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement Estimated $50,000 per year and approximately $150,000 in the aggregate. Three (3) years, with an option to renew for one (1) additional one (1) year period, expiring on February 28, 2026. Contract Amount: Contract Term: Recommended Vendor: BACKGROUND: Keystone Ridge Designs, Inc., Swartz Associates, Inc., Most Dependable Fountains Inc., Miller Recreation Equipment and Design, Inc. and Apollo Sunguard Systems, Inc. for products only; Kompan, Inc., Advanced Recreational Concepts, LLC, Laubs Drainage & Flexi-Pave, LLC, Bliss Products and Services, Inc., Top Line Recreation, Inc. Lanier Plans Inc. dba Korkat, Playmore West, Inc. and Rep Services, Inc. for products and services. Parks has a need for a contract for the provision of various parks equipment and repair services on an as needed basis. Market research conducted, resulted in Tampa's Contract No. 3141421, Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement, which was competitively solicited under full and open competition, meeting the needs of Parks as well as all of the City's criteria for accessing the contract. It is recommended that the City access this contract and any replacement contracts. Consequently, approval of this recommendation is requested. Your signature below will indicate approval of this recommendation. Approved: cc: avf✓~uu^ Abv;ca� Arthur Noriega V City Manager Date: June 27, 2023 1 13:31:31 EDT Larry Spring, CPA, Chief Financial Officer, Assistant City Manager Natasha Colebrook -Williams, Chief of Operations, Assistant City Manager Chris Evans, CPRP, Parks and Recreation Director (Interim) Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director, Department of Procurement COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, 4kkc&.rco4-X �CS? t.Ar `C-y), GWY.L ( k. l_Lk_ . , a cAe):;_ (Company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the work described in the Agreement to which this resolution is attached; and 1 WHEREAS, the iNct 1AQ OW (SEA}kti® (Board type: Board of Directors for Inc., Board of Managers for LLC.) at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of i h) sz (same as identified above) that this Company is authorized to enter into the Agreement with the City, and the ((IS 1Ct. 04" 1-41.14\c kr (Company officer title) and the (Company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of , 202". NU(lr�r,2,cX. `? \ (CI"Itompany") An,Y;�� (State) Company By: (sign) Print Name. Gam\ ' W - TITLE: ()�-2 Print Name:. (sign) TITLE: Page 12 CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT BETWEEN CITY OF TAMPA AND VARIOUS VENDORS FOR PARKS SITE FURNISHINGS AND SERVICES The City of Miami, Florida ("City") is accessing the contract titled "Parks Site Furnishings, Playground Equipment and Surfacing, and Installation, Repairs and Replacement" between the City of Tampa, Florida ("Tampa"), and Various Vendors (inclusive of both the singular and the plural, "Vendors") for provision of the same ("Services"), made and entered effective as of February 27, 2022, attached hereto and incorporated by reference herein ("Services Contract"). This supplement to the Services Contract between Tampa and the Vendors includes City legal requirements ("Agreement"). The term of this Agreement is as stated in Section 2.2 of the Services Contract. The effective date of access by the City is 1) Vendors Responsibilities: A. Vendors agreed to furnish the Services as further described in Tampa Invitation to Bid ("ITB") No. 31041421, as indicated in the Section for General Conditions for Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement, as attached, and with the following exceptions: i. All references to "City of Tampa" or "Tampa" shall be deleted and replaced with the "City" as applicable throughout the Exhibit. ii. All references to "County Commission" shall be stricken and replaced with the "City Commission" as applicable throughout the Solicitation. B. Vendor shall provide the Services to the City delivering the proper quantities within the time limits specified in the spot market quotes. C. Vendor's, responsibilities will commence on the effective date of this agreement. 2) Audit and Inspection Rights and Records Retention: A. Vendors agree to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Vendors which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Vendors under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Vendors which are related to Vendors' performance under this Agreement. Vendors agree to maintain all such books, documents, papers, and records at their principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Vendors' failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect Vendors' facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Vendors under this Agreement conform to the terms hereof. Vendors shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, as amended or supplemented from time to time ("City Code"). 3) Contract Section 4.30, titled Florida Public Records Law, is hereby deleted in its entirety and replaced with the following "Public Records" language: A. Vendors understand that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the City and the public to all documents subject to disclosure under applicable laws. Vendors' failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Vendors shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Vendors do not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Vendors or keep and maintain public records required by the City to perform the Service, if Vendors transfer all public records to the City upon completion of the Agreement, Vendors shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if Vendors keep and maintain public records upon completion of the Agreement, Vendors shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Vendors shall be permitted to retain any public records that make up part of their work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Vendors determine to dispute any public access provision required by Florida Statutes, then Vendor(s) shall do so at their own expense and at no cost to the City. IF VENDORS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDORS' Page 2 41/ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. VENDORS MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 4) Contract Section 4.37, titled Minimum Wage Amendment, is hereby deleted in its entirety and replaced with the following "Florida Minimum Wage and City of Miami Living Wage Ordinance" language: A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidders'/Contractors' and their subcontractors' responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers ("CPI- W"), or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidders' and their subcontractors' (if applicable) full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Agreement. If impacted, Bidders must provide, with their bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitutes Successful Bidders'/Contractors' acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Agreement, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidders/Contractors must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all their employees, who provide services, a living wage of no Tess than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. Page 3 This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. 5) Independent Contractor: This Agreement does not create an employee/employer relationship between the parties. It is the express intent of the parties that Vendors are independent Contractors under this Agreement and not the City's employees for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Vendors shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendors' activities and responsibilities hereunder. Vendors agree that they are a separate and independent enterprise from the City, that they have full opportunity to find other business, that they make their own investment in their business, and that they will utilize a high level of skill necessary to perform the Services. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Vendors and the City, and the City will not be liable for any obligation incurred by Vendors, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City is not responsible for any debts, defaults, acts or omissions of Vendors or their officials, agents, servants and employees. 6) Notices: TO THE CITY: Arthur Noriega V. City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Chief Procurement Officer/Procurement Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Page 4 zKR} TO VENDOR: h ►fir io/kh_ _plc. 46 /' 4; 7 1- f 6a. ble ��aS�f,'G l l)ay aryr:/(i-on / • ,'2//`7 7) Contract Section 4.42, titled Governing LawNenue, is hereby deleted in its entirety and replaced with the following "Applicable Law, Venue and Attorney's Fees" language: This Agreement with the City shall be governed by and construed under the laws of the State of Florida regardless of choice or conflict of laws principles. Venue in any proceedings between Vendors and the City of Miami shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. Each party shall bear their own respective attorneys' fees. 8) Laws and Ordinances Vendors shall be responsible for following and observing all applicable laws, rules, regulations and ordinances of the City, County, State, and Federal government or such other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. 9) Contract Section 5, titled Indemnification, is hereby deleted in its entirety and replaced with the following "Indemnification" language: A. Vendors shall further indemnify, defend (at their own cost), and hold the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the City, its officers, agents, directors, employees, agencies, and instrumentalities were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Vendors shall, upon written notice from the City, resist and defend (at their own cost) such action or proceeding by counsel satisfactory to the City. Vendors expressly understand and agree that any insurance protection required by this Agreement or otherwise provided by Vendors shall in no way limit the responsibility to indemnify, defend and save the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless as herein provided. B. The indemnification provided above shall obligate Vendors to defend, at their own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Vendors, or persons employed or utilized by Vendors. Page 5 C. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. D. Vendors shall require all subcontractor agreements to include a provision that each subcontractor shall indemnify the City in substantially the same language as this Section. Vendors agree and recognize that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Vendors in which the City participated either through review or concurrence of Vendors' actions. In reviewing, approving or rejecting any submissions by Vendors or other acts of Vendors, the City, in no way, assumes or shares any responsibility or liability of Vendors or subcontractors under this Agreement. E. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Vendors. 10)Contract Section 6 titled Non -Discrimination in Contracting, and Contract Section 6.1 titled Equal Opportunity is hereby deleted in its entirety and replaced with the following "Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act" language: Vendors shall not unlawfully discriminate against any person in their operations and activities or in their use or expenditure of funds in fulfilling their obligations under this Agreement. Vendors shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Vendors shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Vendors affirm that they shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with their performance under the formal solicitation. Furthermore, Vendors affirm that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of their business, including performance of services and employment of personnel, Vendors shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 11)Contract Section 7, titled Insurance, is hereby deleted in its entirety and replaced with the following "Insurance Requirements" language: Page 6 Vendors shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance to assure the protection contained in the foregoing indemnification undertaken by Vendors. A. For all Vendors providing equipment or material using third -party freight, shall only provide Commercial General Liability Insurance based on subsection C. herein, Commercial General Liability Insurance requirements. B. Workers' Compensation subject to Statutory limits for the State of Florida with $100,000.00 Employers Liability. Employer's Liability- Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for Bodily injury caused by disease, each employee $500,000.00 for Bodily injury caused by disease, policy limit C. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, $2,000,000.00 for policy aggregate, affording coverage for bodily injury, including death, and property damage. The certificate of insurance shall insure exposures arising out of premises and operations, products and completed operations, personal injury and advertising liability, and include coverage for contingent and contractual exposures. This insurance shall be written with a primary and non-contributory wording and shall list the City of Miami as an additional insured. D. Business Auto Liability protecting against bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles exposures, with limits of not less than $ 1,000,000.00 per accident. The City shall appear listed as an additional insured on this coverage. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage. A copy of the certificate shall be mailed to the City's Department of Risk Management at the time Vendors execute this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no Tess than "A-" as to management, and no Tess than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 7 The City reserves the right to request a certified copy of the insurance policy including all endorsements. 12)Contract Section 4.24, titled Cancellation, is hereby deleted in its entirety and replaced with the following "Cancellation for Convenience" language: The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Vendors at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Vendors compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Vendors for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Vendors shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 13)Contract Section 4.22, titled Assignment, is hereby deleted in its entirety and replaced with the following "Assignment" language: Vendors were selected for these Services due to their particular and unique experience in the subject matter of this Agreement which Agreement is not freely assignable or transferable. This Agreement shall not be assigned, sold, transferred, or otherwise sold, by Vendors, in whole or in part, and Vendors shall not assign any part of its operations, without the prior written consent of the City Manager, which may be denied, withheld, or conditioned, in the City's sole discretion through the City Manager. Vendors shall have no recourse from the City Manager's refusal to approve this Assignment, other than to cancel the Agreement in the manner provided by subsection (I) above. 14)Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 15)Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 16)Contract Section 4.45, titled Force Majeure, is hereby deleted in its entirety and replaced with the following "Force Majeure" language: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural Page 8 qk/ disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 17)City Not Liable for Delays: Vendors hereby understand and agree that in no event shall the City be liable for, or responsible to Vendors or any subcontractors, or to any other person, firm, or entity for or on account of, any stoppages or delays in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delays for any cause over which the City has no control. 18) Use of Name: Vendors understand and agree that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Vendors are allowed, within the limited scope of normal and customary marketing and promotion of their work, to use the general results of this project and the name of the City. Vendors agree to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 19)No Conflict of Interest: Pursuant to City Code Section 2-611, regarding conflicts of interest, Vendors hereby certify to the City that no individual member of Vendors' companies, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendors hereby represent and warrant to the City that throughout the term of this Agreement, Vendors' companies, its employees, and its subcontractors will abide by this prohibition of the City Code. 20)Invoices: Invoices shall contain purchase order numbers and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and shall be in compliance with Chapter 218 of the Florida Statutes 218.73, and 218.74, the Florida Prompt Payment Act. Page 9 21)No Third -Party Beneficiary: No persons other than Vendors and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 22)Survival: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration, or earlier termination of this Agreement shall survive such expiration or earlier termination. 23)Truth-in-Negotiation Certification, Representation and Warranty: Vendors hereby certify, represent and warrant to the City that on the date of Vendors' execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendors under this Agreement are and will continue to be accurate, complete, and current. Vendors understand, agree and acknowledge that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Agreement price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 24)Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 10 DATE: IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. Vendor(s): CITY OF MIAMI, a Florida municipal corporation: BY: BY: DATE: ATTEST: ,ticatit Arthur Noriega V, City Manager ATTEST: Corporate Secretary/Notary Public Todd Hannon, City Clerk Corporate Seal/Notary Seal APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney WHEREAS, COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) Lan, ans mac. c i kokfr. a J_i.lc • (Company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the work described in the Agreement to which this resolution is attached; and �J WHEREAS, the C f--" (Board type: Board of Directors for Inc., Board of Managers for LLC.) at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of /,e-_JeQ + (same as identified above) that this Company is authorized to enter into the Agreement with the City, and the CEO (Company officer title)and the (Company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this , O day of , 202 . Lanr egg .{>(Q,NS 1 IBC • ("Company") An (3 GZ By: ii•• (sign) Print Name: ,S)ICtr) e Lan: e. TITLE: C'E° (sign) Print Name: TITLE: (State) Company Page 12 CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT BETWEEN CITY OF TAMPA AND VARIOUS VENDORS FOR PARKS SITE FURNISHINGS AND SERVICES The City of Miami, Florida ("City") is accessing the contract titled "Parks Site Furnishings, Playground Equipment and Surfacing, and Installation, Repairs and Replacement" between the City of Tampa, Florida ("Tampa"), and Various Vendors (inclusive of both the singular and the plural, "Vendors") for provision of the same ("Services"), made and entered effective as of February 27, 2022, attached hereto and incorporated by reference herein ("Services Contract"). This supplement to the Services Contract between Tampa and the Vendors includes City legal requirements ("Agreement"). The term of this Agreement is as stated in Section 2.2 of the Services Contract. The effective date of access by the City is 1) Vendors Responsibilities: A. Vendors agreed to furnish the Services as further described in Tampa Invitation to Bid ("ITB") No. 31041421, as indicated in the Section for General Conditions for Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement, as attached, and with the following exceptions: i. All references to "City of Tampa" or "Tampa" shall be deleted and replaced with the "City" as applicable throughout the Exhibit. ii. All references to "County Commission" shall be stricken and replaced with the "City Commission" as applicable throughout the Solicitation. B. Vendor shall provide the Services to the City delivering the proper quantities within the time limits specified in the spot market quotes. C. Vendor's, responsibilities will commence on the effective date of this agreement. 2) Audit and Inspection Rights and Records Retention: A. Vendors agree to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Vendors which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Vendors under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Vendors which are related to Vendors' performance under this Agreement. Vendors agree to maintain all such books, documents, papers, and records at their principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Vendors' failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect Vendors' facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Vendors under this Agreement conform to the terms hereof. Vendors shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, as amended or supplemented from time to time ("City Code"). 3) Contract Section 4.30, titled Florida Public Records Law, is hereby deleted in its entirety and replaced with the following "Public Records" language: A. Vendors understand that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the City and the public to all documents subject to disclosure under applicable laws. Vendors' failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Vendors shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Vendors do not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Vendors or keep and maintain public records required by the City to perform the Service, if Vendors transfer all public records to the City upon completion of the Agreement, Vendors shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if Vendors keep and maintain public records upon completion of the Agreement, Vendors shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Vendors shall be permitted to retain any public records that make up part of their work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Vendors determine to dispute any public access provision required by Florida Statutes, then Vendor(s) shall do so at their own expense and at no cost to the City. IF VENDORS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDORS' Page 2 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. VENDORS MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 4) Contract Section 4.37, titled Minimum Wage Amendment, is hereby deleted in its entirety and replaced with the following "Florida Minimum Wage and City of Miami Living Wage Ordinance" language: A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidders'/Contractors' and their subcontractors' responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers ("CPI- W'), or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidders' and their subcontractors' (if applicable) full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Agreement. If impacted, Bidders must provide, with their bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitutes Successful Bidders'/Contractors' acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Agreement, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidders/Contractors must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all their employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. Page 3 This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. 5) Independent Contractor: This Agreement does not create an employee/employer relationship between the parties. It is the express intent of the parties that Vendors are independent Contractors under this Agreement and not the City's employees for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Vendors shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendors' activities and responsibilities hereunder. Vendors agree that they are a separate and independent enterprise from the City, that they have full opportunity to find other business, that they make their own investment in their business, and that they will utilize a high level of skill necessary to perform the Services. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Vendors and the City, and the City will not be liable for any obligation incurred by Vendors, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City is not responsible for any debts, defaults, acts or omissions of Vendors or their officials, agents, servants and employees. 6) Notices: TO THE CITY: Arthur Noriega V. City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Chief Procurement Officer/Procurement Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Page 4 TO VENDOR: Most Dependable Fountains Inc. 5705 Commander Drive Arlington TN 38002 7) Contract Section 4.42, titled Governing LawNenue, is hereby deleted in its entirety and replaced with the following "Applicable Law, Venue and Attorney's Fees" language: This Agreement with the City shall be governed by and construed under the laws of the State of Florida regardless of choice or conflict of laws principles. Venue in any proceedings between Vendors and the City of Miami shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. Each party shall bear their own respective attorneys' fees. 8) Laws and Ordinances Vendors shall be responsible for following and observing all applicable laws, rules, regulations and ordinances of the City, County, State, and Federal government or such other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. 9) Contract Section 5, titled Indemnification, is hereby deleted in its entirety and replaced with the following "Indemnification" language: A. Vendors shall further indemnify, defend (at their own cost), and hold the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the City, its officers, agents, directors, employees, agencies, and instrumentalities were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Vendors shall, upon written notice from the City, resist and defend (at their own cost) such action or proceeding by counsel satisfactory to the City. Vendors expressly understand and agree that any insurance protection required by this Agreement or otherwise provided by Vendors shall in no way limit the responsibility to indemnify, defend and save the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless as herein provided. B. The indemnification provided above shall obligate Vendors to defend, at their own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Vendors, or persons employed or utilized by Vendors. Page 5 C. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. D. Vendors shall require all subcontractor agreements to include a provision that each subcontractor shall indemnify the City in substantially the same language as this Section. Vendors agree and recognize that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Vendors in which the City participated either through review or concurrence of Vendors' actions. In reviewing, approving or rejecting any submissions by Vendors or other acts of Vendors, the City, in no way, assumes or shares any responsibility or liability of Vendors or subcontractors under this Agreement. E. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Vendors. 10)Contract Section 6 titled Non -Discrimination in Contracting, and Contract Section 6.1 titled Equal Opportunity is hereby deleted in its entirety and replaced with the following "Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act" language: Vendors shall not unlawfully discriminate against any person in their operations and activities or in their use or expenditure of funds in fulfilling their obligations under this Agreement. Vendors shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Vendors shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Vendors affirm that they shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with their performance under the formal solicitation. Furthermore, Vendors affirm that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of their business, including performance of services and employment of personnel, Vendors shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 11)Contract Section 7, titled Insurance, is hereby deleted in its entirety and replaced with the following "Insurance Requirements" language: Page 6 Vendors shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance to assure the protection contained in the foregoing indemnification undertaken by Vendors. A. For all Vendors providing equipment or material using third -party freight, shall only provide Commercial General Liability Insurance based on subsection C. herein, Commercial General Liability Insurance requirements. B. Workers' Compensation subject to Statutory limits for the State of Florida with $100,000.00 Employers Liability. Employer's Liability- Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for Bodily injury caused by disease, each employee $500,000.00 for Bodily injury caused by disease, policy limit C. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, $2,000,000.00 for policy aggregate, affording coverage for bodily injury, including death, and property damage. The certificate of insurance shall insure exposures arising out of premises and operations, products and completed operations, personal injury and advertising liability, and include coverage for contingent and contractual exposures. This insurance shall be written with a primary and non-contributory wording and shall list the City of Miami as an additional insured. D. Business Auto Liability protecting against bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles exposures, with limits of not less than $ 1,000,000.00 per accident. The City shall appear listed as an additional insured on this coverage. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage. A copy of the certificate shall be mailed to the City's Department of Risk Management at the time Vendors execute this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 7 The City reserves the right to request a certified copy of the insurance policy including all endorsements. 12)Contract Section 4.24, titled Cancellation, is hereby deleted in its entirety and replaced with the following "Cancellation for Convenience" language: The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Vendors at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Vendors compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Vendors for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Vendors shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 13)Contract Section 4.22, titled Assignment, is hereby deleted in its entirety and replaced with the following "Assignment" language: Vendors were selected for these Services due to their particular and unique experience in the subject matter of this Agreement which Agreement is not freely assignable or transferable. This Agreement shall not be assigned, sold, transferred, or otherwise sold, by Vendors, in whole or in part, and Vendors shall not assign any part of its operations, without the prior written consent of the City Manager, which may be denied, withheld, or conditioned, in the City's sole discretion through the City Manager. Vendors shall have no recourse from the City Manager's refusal to approve this Assignment, other than to cancel the Agreement in the manner provided by subsection (I) above. 14)Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 15)Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 16)Contract Section 4.45, titled Force Majeure, is hereby deleted in its entirety and replaced with the following "Force Majeure" language: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural Page 8 disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 17)City Not Liable for Delays: Vendors hereby understand and agree that in no event shall the City be liable for, or responsible to Vendors or any subcontractors, or to any other person, firm, or entity for or on account of, any stoppages or delays in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delays for any cause over which the City has no control. 18)Use of Name: Vendors understand and agree that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Vendors are allowed, within the limited scope of normal and customary marketing and promotion of their work, to use the general results of this project and the name of the City. Vendors agree to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 19)No Conflict of Interest: Pursuant to City Code Section 2-611, regarding conflicts of interest, Vendors hereby certify to the City that no individual member of Vendors' companies, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendors hereby represent and warrant to the City that throughout the term of this Agreement, Vendors' companies, its employees, and its subcontractors will abide by this prohibition of the City Code. 20)Invoices: Invoices shall contain purchase order numbers and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and shall be in compliance with Chapter 218 of the Florida Statutes 218.73, and 218.74, the Florida Prompt Payment Act. Page 9 21)No Third -Party Beneficiary: No persons other than Vendors and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 22)Survival: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration, or earlier termination of this Agreement shall survive such expiration or earlier termination. 23)Truth-in-Negotiation Certification, Representation and Warranty: Vendors hereby certify, represent and warrant to the City that on the date of Vendors' execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendors under this Agreement are and will continue to be accurate, complete, and current. Vendors understand, agree and acknowledge that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Agreement price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 24)Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. Vendor(s): CITY OF MIAMI, Most Dependable Fountains Inc. a Florida municipal corporation: BY: Anita Beachum DATE: 4/1 9/2023 ATTEST: Corporate Secretary/Notary Public Corporate Seal/Notary Seal v'lE 000 % ......... .• • STATE OF TENNESSEE NOTARY \ PUBLIC =7 •• (tI;,EZ371.76 .... •• u/'ON EXPIRES BY: DATE: Arthur Noriega V, City Manager ATTEST: Todd Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) WHEREAS, Most Dependable Fountains Inc. a Inc. (Company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the work described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Directors (Board type: Board of Directors for Inc., Board of Managers for LLC.) at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of Directors (same as identified above) that this Company is authorized to enter into the Agreement with the City, and the Secretary (Company officer title) and the Vice -President (Company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 19 day ofApril 2023 Most Dependable Fountains Inc. ("Company") An Tennessee Print Name: Anita Beachum TITLE: Secretary Print Name: Vince McGrory (State) Company (sign) TITLE: Vice -President Page 12 CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT BETWEEN CITY OF TAMPA AND VARIOUS VENDORS FOR PARKS SITE FURNISHINGS AND SERVICES The City of Miami, Florida ("City") is accessing the contract titled "Parks Site Furnishings, Playground Equipment and Surfacing, and Installation, Repairs and Replacement" between the City of Tampa, Florida ("Tampa"), and Various Vendors (inclusive of both the singular and the plural, "Vendors") for provision of the same ("Services"), made and entered effective as of February 27, 2022, attached hereto and incorporated by reference herein ("Services Contract"). This supplement to the Services Contract between Tampa and the Vendors includes City legal requirements ("Agreement"). The term of this Agreement is as stated in Section 2.2 of the Services Contract. The effective date of access by the City is 1) Vendors Responsibilities: A. Vendors agreed to furnish the Services as further described in Tampa Invitation to Bid ("ITB") No. 31041421, as indicated in the Section for General Conditions for Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement, as attached, and with the following exceptions: i. All references to "City of Tampa" or "Tampa" shall be deleted and replaced with the "City" as applicable throughout the Exhibit. ii. All references to "County Commission" shall be stricken and replaced with the "City Commission" as applicable throughout the Solicitation. B. Vendor shall provide the Services to the City delivering the proper quantities within the time limits specified in the spot market quotes. C. Vendor's, responsibilities will commence on the effective date of this agreement. 2) Audit and Inspection Rights and Records Retention: A. Vendors agree to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Vendors which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Vendors under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Vendors which are related to Vendors' performance under this Agreement. Vendors agree to maintain all such books, documents, papers, and records at their principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Vendors' failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect Vendors' facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Vendors under this Agreement conform to the terms hereof. Vendors shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, as amended or supplemented from time to time ("City Code"). 3) Contract Section 4.30, titled Florida Public Records Law, is hereby deleted in its entirety and replaced with the following "Public Records" language: A. Vendors understand that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the City and the public to all documents subject to disclosure under applicable laws. Vendors' failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Vendors shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Vendors do not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Vendors or keep and maintain public records required by the City to perform the Service, if Vendors transfer all public records to the City upon completion of the Agreement, Vendors shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if Vendors keep and maintain public records upon completion of the Agreement, Vendors shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Vendors shall be permitted to retain any public records that make up part of their work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Vendors determine to dispute any public access provision required by Florida Statutes, then Vendor(s) shall do so at their own expense and at no cost to the City. IF VENDORS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDORS' Page 2 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. VENDORS MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 4) Contract Section 4.37, titled Minimum Wage Amendment, is hereby deleted in its entirety and replaced with the following "Florida Minimum Wage and City of Miami Living Wage Ordinance" language: A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no Tess than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidders'/Contractors' and their subcontractors' responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers ("CPI- W"), or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidders' and their subcontractors' (if applicable) full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Agreement. If impacted, Bidders must provide, with their bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitutes Successful Bidders'/Contractors' acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Agreement, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidders/Contractors must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all their employees, who provide services, a living wage of no Tess than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. Page 3 This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. 5) Independent Contractor: This Agreement does not create an employee/employer relationship between the parties. It is the express intent of the parties that Vendors are independent Contractors under this Agreement and not the City's employees for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Vendors shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendors' activities and responsibilities hereunder. Vendors agree that they are a separate and independent enterprise from the City, that they have full opportunity to find other business, that they make their own investment in their business, and that they will utilize a high level of skill necessary to perform the Services. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Vendors and the City, and the City will not be liable for any obligation incurred by Vendors, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City is not responsible for any debts, defaults, acts or omissions of Vendors or their officials, agents, servants and employees. 6) Notices: TO THE CITY: Arthur Noriega V. City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Chief Procurement Officer/Procurement Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Page 4 TO VENDOR: Playmore West, Inc 10271 Deer Run Farms Rd , Suite 1 Fort Myers, FL 33966 7) Contract Section 4.42, titled Governing LawNenue, is hereby deleted in its entirety and replaced with the following "Applicable Law, Venue and Attorney's Fees" language: This Agreement with the City shall be governed by and construed under the laws of the State of Florida regardless of choice or conflict of laws principles. Venue in any proceedings between Vendors and the City of Miami shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. Each party shall bear their own respective attorneys' fees. 8) Laws and Ordinances Vendors shall be responsible for following and observing all applicable laws, rules, regulations and ordinances of the City, County, State, and Federal government or such other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. 9) Contract Section 5, titled Indemnification, is hereby deleted in its entirety and replaced with the following "Indemnification" language: A. Vendors shall further indemnify, defend (at their own cost), and hold the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the City, its officers, agents, directors, employees, agencies, and instrumentalities were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Vendors shall, upon written notice from the City, resist and defend (at their own cost) such action or proceeding by counsel satisfactory to the City. Vendors expressly understand and agree that any insurance protection required by this Agreement or otherwise provided by Vendors shall in no way limit the responsibility to indemnify, defend and save the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless as herein provided. B. The indemnification provided above shall obligate Vendors to defend, at their own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Vendors, or persons employed or utilized by Vendors. Page 5 C. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. D. Vendors shall require all subcontractor agreements to include a provision that each subcontractor shall indemnify the City in substantially the same language as this Section. Vendors agree and recognize that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Vendors in which the City participated either through review or concurrence of Vendors' actions. In reviewing, approving or rejecting any submissions by Vendors or other acts of Vendors, the City, in no way, assumes or shares any responsibility or liability of Vendors or subcontractors under this Agreement. E. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Vendors. 10)Contract Section 6 titled Non -Discrimination in Contracting, and Contract Section 6.1 titled Equal Opportunity is hereby deleted in its entirety and replaced with the following "Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act" language: Vendors shall not unlawfully discriminate against any person in their operations and activities or in their use or expenditure of funds in fulfilling their obligations under this Agreement. Vendors shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Vendors shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Vendors affirm that they shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with their performance under the formal solicitation. Furthermore, Vendors affirm that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of their business, including performance of services and employment of personnel, Vendors shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 11)Contract Section 7, titled Insurance, is hereby deleted in its entirety and replaced with the following "Insurance Requirements" language: Page 6 Vendors shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance to assure the protection contained in the foregoing indemnification undertaken by Vendors. A. For all Vendors providing equipment or material using third -party freight, shall only provide Commercial General Liability Insurance based on subsection C. herein, Commercial General Liability Insurance requirements. B. Workers' Compensation subject to Statutory limits for the State of Florida with $100,000.00 Employers Liability. Employer's Liability- Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for Bodily injury caused by disease, each employee $500,000.00 for Bodily injury caused by disease, policy limit C. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, $2,000,000.00 for policy aggregate, affording coverage for bodily injury, including death, and property damage. The certificate of insurance shall insure exposures arising out of premises and operations, products and completed operations, personal injury and advertising liability, and include coverage for contingent and contractual exposures. This insurance shall be written with a primary and non-contributory wording and shall list the City of Miami as an additional insured. D. Business Auto Liability protecting against bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles exposures, with limits of not less than $ 1,000,000.00 per accident. The City shall appear listed as an additional insured on this coverage. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage. A copy of the certificate shall be mailed to the City's Department of Risk Management at the time Vendors execute this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 7 The City reserves the right to request a certified copy of the insurance policy including all endorsements. 12)Contract Section 4.24, titled Cancellation, is hereby deleted in its entirety and replaced with the following "Cancellation for Convenience" language: The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Vendors at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Vendors compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Vendors for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Vendors shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 13)Contract Section 4.22, titled Assignment, is hereby deleted in its entirety and replaced with the following "Assignment" language: Vendors were selected for these Services due to their particular and unique experience in the subject matter of this Agreement which Agreement is not freely assignable or transferable. This Agreement shall not be assigned, sold, transferred, or otherwise sold, by Vendors, in whole or in part, and Vendors shall not assign any part of its operations, without the prior written consent of the City Manager, which may be denied, withheld, or conditioned, in the City's sole discretion through the City Manager. Vendors shall have no recourse from the City Manager's refusal to approve this Assignment, other than to cancel the Agreement in the manner provided by subsection (I) above. 14)Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 15)Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 16)Contract Section 4.45, titled Force Majeure, is hereby deleted in its entirety and replaced with the following "Force Majeure" language: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural Page 8 disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 17)City Not Liable for Delays: Vendors hereby understand and agree that in no event shall the City be liable for, or responsible to Vendors or any subcontractors, or to any other person, firm, or entity for or on account of, any stoppages or delays in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delays for any cause over which the City has no control. 18)Use of Name: Vendors understand and agree that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Vendors are allowed, within the limited scope of normal and customary marketing and promotion of their work, to use the general results of this project and the name of the City. Vendors agree to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 19)No Conflict of Interest: Pursuant to City Code Section 2-611, regarding conflicts of interest, Vendors hereby certify to the City that no individual member of Vendors' companies, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendors hereby represent and warrant to the City that throughout the term of this Agreement, Vendors' companies, its employees, and its subcontractors will abide by this prohibition of the City Code. 20)Invoices: Invoices shall contain purchase order numbers and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and shall be in compliance with Chapter 218 of the Florida Statutes 218.73, and 218.74, the Florida Prompt Payment Act. Page 9 21)No Third -Party Beneficiary: No persons other than Vendors and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 22)Survival: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration, or earlier termination of this Agreement shall survive such expiration or earlier termination. 23)Truth-in-Negotiation Certification, Representation and Warranty: Vendors hereby certify, represent and warrant to the City that on the date of Vendors' execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendors under this Agreement are and will continue to be accurate, complete, and current. Vendors understand, agree and acknowledge that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Agreement price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 24)Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. Vendor(s): CITY OF MIAMI, Playmore West, Inc. a Florida municipal corporation: BY: 7 DATE: 4/24/23 ATTEST: — Corporate Secretary/Nary Public Corporate Seal/Notary Seal MELISSA VEGA Notary Public - State of Florida ler +-,7 Commission = GG 362320 My Comm. Expires Sep 30, 2023 Bonded through National Notary Assn. BY: DATE: ATTEST: Arthur Noriega V, City Manager Todd Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney WHEREAS, COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) Playmore West, Inc. a corporation (Company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the work described in the Agreement to which this resolution is attached; and WHEREAS, the Board of Directors (Board type: Board of Directors for Inc., Board of Managers for LLC.) at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of Directors (same as identified above) that this Company is authorized to enter into the Agreement with the City, and the President (Company officer title)and the Vice President an (Com p y officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 24 day of April 202 3 Playmore West, Inc. An Florida By: Print Name: Ryan Russell TITLE: President AOPIP f � (sign) ("Company") (State) Company (sign) Print Name: Luke Russell TITLE: Vice President Page 12 CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT BETWEEN CITY OF TAMPA AND VARIOUS VENDORS FOR PARKS SITE FURNISHINGS AND SERVICES The City of Miami, Florida ("City") is accessing the contract titled "Parks Site Furnishings, Playground Equipment and Surfacing, and Installation, Repairs and Replacement" between the City of Tampa, Florida ("Tampa"), and Various Vendors (inclusive of both the singular and the plural, "Vendors") for provision of the same ("Services"), made and entered effective as of February 27, 2022, attached hereto and incorporated by reference herein ("Services Contract"). This supplement to the Services Contract between Tampa and the Vendors includes City legal requirements ("Agreement"). The term of this Agreement is as stated in Section 2.2 of the Services Contract. The effective date of access by the City is 1) Vendors Responsibilities: A. Vendors agreed to furnish the Services as further described in Tampa Invitation to Bid ("ITB") No. 31041421, as indicated in the Section for General Conditions for Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement, as attached, and with the following exceptions: i. All references to "City of Tampa" or "Tampa" shall be deleted and replaced with the "City" as applicable throughout the Exhibit. ii. All references to "County Commission" shall be stricken and replaced with the "City Commission" as applicable throughout the Solicitation. B. Vendor shall provide the Services to the City delivering the proper quantities within the time limits specified in the spot market quotes. C. Vendor's, responsibilities will commence on the effective date of this agreement. 2) Audit and Inspection Rights and Records Retention: A. Vendors agree to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Vendors which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Vendors under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Vendors which are related to Vendors' performance under this Agreement. Vendors agree to maintain all such books, documents, papers, and records at their principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Vendors' failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect Vendors' facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Vendors under this Agreement conform to the terms hereof. Vendors shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All audits, tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, as amended or supplemented from time to time ("City Code"). 3) Contract Section 4.30, titled Florida Public Records Law, is hereby deleted in its entirety and replaced with the following "Public Records" language: A. Vendors understand that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the City and the public to all documents subject to disclosure under applicable laws. Vendors' failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Vendors shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Vendors do not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Vendors or keep and maintain public records required by the City to perform the Service, if Vendors transfer all public records to the City upon completion of the Agreement, Vendors shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if Vendors keep and maintain public records upon completion of the Agreement, Vendors shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Vendors shall be permitted to retain any public records that make up part of their work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Vendors determine to dispute any public access provision required by Florida Statutes, then Vendor(s) shall do so at their own expense and at no cost to the City. IF VENDORS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDORS' Page 2 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. VENDORS MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS AGREEMENT. 4) Contract Section 4.37, titled Minimum Wage Amendment, is hereby deleted in its entirety and replaced with the following "Florida Minimum Wage and City of Miami Living Wage Ordinance" language: A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidders'/Contractors' and their subcontractors' responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers ("CPI- W"), or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidders' and their subcontractors' (if applicable) full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Agreement. If impacted, Bidders must provide, with their bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitutes Successful Bidders'/Contractors' acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Agreement, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidders/Contractors must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all their employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. Page 3 This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. 5) Independent Contractor: This Agreement does not create an employee/employer relationship between the parties. It is the express intent of the parties that Vendors are independent Contractors under this Agreement and not the City's employees for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Vendors shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendors' activities and responsibilities hereunder. Vendors agree that they are a separate and independent enterprise from the City, that they have full opportunity to find other business, that they make their own investment in their business, and that they will utilize a high level of skill necessary to perform the Services. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Vendors and the City, and the City will not be liable for any obligation incurred by Vendors, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City is not responsible for any debts, defaults, acts or omissions of Vendors or their officials, agents, servants and employees. 6) Notices: TO THE CITY: Arthur Noriega V. City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Chief Procurement Officer/Procurement Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Page 4 TO VENDOR: Rep Services, Inc. 7) Contract Section 4.42, titled Governing Law/Venue, is hereby deleted in its entirety and replaced with the following "Applicable Law, Venue and Attorney's Fees" language: This Agreement with the City shall be governed by and construed under the laws of the State of Florida regardless of choice or conflict of laws principles. Venue in any proceedings between Vendors and the City of Miami shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. Each party shall bear their own respective attorneys' fees. 8) Laws and Ordinances Vendors shall be responsible for following and observing all applicable laws, rules, regulations and ordinances of the City, County, State, and Federal government or such other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. 9) Contract Section 5, titled Indemnification, is hereby deleted in its entirety and replaced with the following "Indemnification" language: A. Vendors shall further indemnify, defend (at their own cost), and hold the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the City, its officers, agents, directors, employees, agencies, and instrumentalities were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Vendors shall, upon written notice from the City, resist and defend (at their own cost) such action or proceeding by counsel satisfactory to the City. Vendors expressly understand and agree that any insurance protection required by this Agreement or otherwise provided by Vendors shall in no way limit the responsibility to indemnify, defend and save the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless as herein provided. B. The indemnification provided above shall obligate Vendors to defend, at their own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Vendors, or persons employed or utilized by Vendors. Page 5 C. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. D. Vendors shall require all subcontractor agreements to include a provision that each subcontractor shall indemnify the City in substantially the same language as this Section. Vendors agree and recognize that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Vendors in which the City participated either through review or concurrence of Vendors' actions. In reviewing, approving or rejecting any submissions by Vendors or other acts of Vendors, the City, in no way, assumes or shares any responsibility or liability of Vendors or subcontractors under this Agreement. E. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Vendors. 10)Contract Section 6 titled Non -Discrimination in Contracting, and Contract Section 6.1 titled Equal Opportunity is hereby deleted in its entirety and replaced with the following "Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act" language: Vendors shall not unlawfully discriminate against any person in their operations and activities or in their use or expenditure of funds in fulfilling their obligations under this Agreement. Vendors shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Vendors shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Vendors affirm that they shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with their performance under the formal solicitation. Furthermore, Vendors affirm that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of their business, including performance of services and employment of personnel, Vendors shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 11)Contract Section 7, titled Insurance, is hereby deleted in its entirety and replaced with the following "Insurance Requirements" language: Page 6 Vendors shall provide and maintain in force at all times during the Agreement with the City, such insurance, including Workers' Compensation and Employer's Liability Insurance, Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and Omissions Insurance to assure the protection contained in the foregoing indemnification undertaken by Vendors. A. For all Vendors providing equipment or material using third -party freight, shall only provide Commercial General Liability Insurance based on subsection C. herein, Commercial General Liability Insurance requirements. B. Workers' Compensation subject to Statutory limits for the State of Florida with $100,000.00 Employers Liability. Employer's Liability- Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for Bodily injury caused by disease, each employee $500,000.00 for Bodily injury caused by disease, policy limit C. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, $2,000,000.00 for policy aggregate, affording coverage for bodily injury, including death, and property damage. The certificate of insurance shall insure exposures arising out of premises and operations, products and completed operations, personal injury and advertising liability, and include coverage for contingent and contractual exposures. This insurance shall be written with a primary and non-contributory wording and shall list the City of Miami as an additional insured. D. Business Auto Liability protecting against bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles exposures, with limits of not less than $ 1,000,000.00 per accident. The City shall appear listed as an additional insured on this coverage. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage. A copy of the certificate shall be mailed to the City's Department of Risk Management at the time Vendors execute this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 7 The City reserves the right to request a certified copy of the insurance policy including all endorsements. 12)Contract Section 4.24, titled Cancellation, is hereby deleted in its entirety and replaced with the following "Cancellation for Convenience" language: The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Vendors at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to Vendors compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Vendors for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Vendors shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 13)Contract Section 4.22, titled Assignment, is hereby deleted in its entirety and replaced with the following "Assignment" language: Vendors were selected for these Services due to their particular and unique experience in the subject matter of this Agreement which Agreement is not freely assignable or transferable. This Agreement shall not be assigned, sold, transferred, or otherwise sold, by Vendors, in whole or in part, and Vendors shall not assign any part of its operations, without the prior written consent of the City Manager, which may be denied, withheld, or conditioned, in the City's sole discretion through the City Manager. Vendors shall have no recourse from the City Manager's refusal to approve this Assignment, other than to cancel the Agreement in the manner provided by subsection (I) above. 14)Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 15)Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 16)Contract Section 4.45, titled Force Majeure, is hereby deleted in its entirety and replaced with the following "Force Majeure" language: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural Page 8 disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 17)City Not Liable for Delays: Vendors hereby understand and agree that in no event shall the City be liable for, or responsible to Vendors or any subcontractors, or to any other person, firm, or entity for or on account of, any stoppages or delays in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delays for any cause over which the City has no control. 18)Use of Name: Vendors understand and agree that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Vendors are allowed, within the limited scope of normal and customary marketing and promotion of their work, to use the general results of this project and the name of the City. Vendors agree to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 19)No Conflict of Interest: Pursuant to City Code Section 2-611, regarding conflicts of interest, Vendors hereby certify to the City that no individual member of Vendors' companies, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendors hereby represent and warrant to the City that throughout the term of this Agreement, Vendors' companies, its employees, and its subcontractors will abide by this prohibition of the City Code. 20)Invoices: Invoices shall contain purchase order numbers and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and shall be in compliance with Chapter 218 of the Florida Statutes 218.73, and 218.74, the Florida Prompt Payment Act. Page 9 21)No Third -Party Beneficiary: No persons other than Vendors and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 22)Survival: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration, or earlier termination of this Agreement shall survive such expiration or earlier termination. 23)Truth-in-Negotiation Certification, Representation and Warranty: Vendors hereby certify, represent and warrant to the City that on the date of Vendors' execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendors under this Agreement are and will continue to be accurate, complete, and current. Vendors understand, agree and acknowledge that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the Agreement price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 24)Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 10 WHEREAS, Inc. COMPPJNY RESOLUTION (This Resolution needs to authorize the signatory to sign) Rep Services, Inc. a (Company type: Inc., LLC.), desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the work described in the Agreement to which this resolution is attached; and ,,�� WHEREAS, the /Jo;3✓d 01' �irctl!b<s (Board type: Board of Directors for Inc,, Board of Managers for LLC.) at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of / I cjp c-i✓iG rS;.;((same as identified above) that this Company is authorized to enter into the Agreement with the City, and the c 4r^f (Company officer title)and the (Company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this25 day ofApr(I 2023 Rep Services, Inc. ,Florida ("Company") (State) Company By: vizicebN,--(sign) Print Name: Nathan Almon TITLE: Preside (sign) Print Name: f12' TITLE: /`f �"Uv'`` Notary public Slate of Florida Nisha Singh My Commission 111! HIf 257182 Exp. 6/10/2026 Page 12 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized. Vendor(s): CITY OF MIAMI, a Florida municipal corporation: Rep Services, Inc. BY: DATE: 4/25/2023 ATTEST:AgtiZ Corporate Secretary ary Public Corporate Seal/Notary Seal LNotary Public State of Florida NIsha Singh My Commisson 1E A 611012026 BY: DATE: Arthur Noriega V, City Manager ATTEST: Todd Hannon, City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO SERVICES CONTRACT BETWEEN CITY OF TAMPA AND VARIOUS VENDORS FOR PARKS SITE FURNISHINGS AND SERVICES The City of Miami, Florida ("City") is accessing the contract titled "Parks .Site Furnishings, Playground Equipment and Surfacing, and Installation, Repairs and Replacement" between the City of Tampa, Florida ("Tampa"), and Various Vendors (inclusive of both the singular and the plural, "Vendors") for provision of the same ("Services"), made and entered effective as of February 27, 2022, attached hereto and incorporated by reference herein ("Services Contract"). This supplement to the Services Contract between Tampa and the Vendors includes City legal requirements ("Agreement"). The term of this Agreement is as stated in Section 2.2 of the Services Contract. The effective date of access by the City is 1) Vendors Responsibilities: A. Vendors agreed to furnish the Services as further described in Tampa Invitation to Bid ("ITB") No. 31041421, as indicated in the Section for General Conditions for Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement, as attached, and with the following exceptions: i. All references to "City of Tampa" or "Tampa" shall be deleted and replaced with the "City" as applicable throughout the Exhibit. ii. All references to "County Commission" shall be stricken and replaced with the "City Commission" as applicable throughout the Solicitation. B. Vendor shall provide the Services to the City delivering the proper quantities within the time limits specified in the spot market quotes. C. Vendor's, responsibilities will commence on the effective date of this agreement. 2) Audit and Inspection Rights and Records Retention: A. Vendors agree to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Vendors which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Vendors under this Agreement, audit and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Vendors which are related to Vendors' performance under this Agreement. Vendors agree to maintain all such books, documents, papers, and records at their principal place of business in Miami -Dade County, or its local office in Miami -Dade County or to otherwise make them available in Miami -Dade County for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Vendors' failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect Vendors' facilities and perform such. tests, as the City deems reasonably necessary, to. determine whether the goods or services required to be provided .by Vendors- -under this Agreement conform to the terms hereof. Vendors shall -make available to the City all reasonable facilities and assistance to facilitate the.performance of tests or inspections by City representatives. All audits, tests and inspections -shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida, as amended or supplemented from time to time ("City Code"). 3) Contract Section 4.30, titled Florida Public Records Law, is hereby deleted in its entirety and replaced with the following "Public Records" language: A. Vendors understand that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, and agree to allow access by the City and the public to all documents subject to disclosure under applicable laws. Vendors' failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. B. Vendors shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and, following completion of the Agreement, if Vendors do not transfer the records to the City; (4) upon completion of the Agreement, transfer, at no cost, to the City all public records in possession of Vendors or keep and maintain public records required by the City to perform the Service, if Vendors transfer all public records to the City upon completion of the Agreement, Vendors shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if Vendors keep and maintain public records upon completion of the Agreement, Vendors shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, Vendors shall be permitted to retain any public records that make up part of their work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Agreement. C. Should Vendors determine to dispute any public access provision required by Florida Statutes, then Vendor(s) shall do so at their own expense and at no cost to the City. IF VENDORS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO VENDORS' Page 2 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT. THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR. MAIL AT CITY,OF, MIAMI: OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH. FLOOR; 'MIAMI, FL 331.30. VENDORS MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS -ADMINISTERING THIS AGREEMENT. 4) Contract Section 4.37, titled Minimum Wage Amendment, is hereby deleted in its entirety and replaced with the following "Florida Minimum Wage and City of Miami Living Wage Ordinance" language: A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24, employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the Successful Bidders'/Contractors' and their subcontractors' responsibility to understand and comply with this Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI") for urban wage earners and clerical workers ("CPI- W"), or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated, shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. It is the Bidders' and their subcontractors' (if applicable) full responsibility to determine whether any of their employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the Agreement. If impacted, Bidders must provide, with their bid, employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of bid submittal constitutes Successful Bidders'/Contractors' acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of the Agreement, and a waiver of any contractual price increase request(s). The City reserves the right to request, and the Successful Bidders/Contractors must provide for any, and all information to make a wage and contractual price increase(s) determination. B. City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January 1, 2017, by the City. "Service Contract" means a contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all their employees, who provide services, a living wage of no less than $15.00 per hour without health benefits, or a wage of no less than $13.19 an hour, with health benefits. Page 3 This language isonly a summary of the key provisions of the City of Miami Living Wage Ordinance. 5) Independent Contractor: This Agreement does not create an employee/employer relationship between=the parties. It is the express intent of the parties that Vendors are independent Contractors under this Agreement and not the City's employees for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, any benefits under the City Pension Ordinances, and the State unemployment insurance law. Vendors shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Vendors' activities and responsibilities hereunder. Vendors agree that they are a separate and independent enterprise from the City, that they have full opportunity to find other business, that they make their own investment in their business, and that they will utilize a high level of skill necessary to perform the Services. This Agreement shall not be construed as creating any joint employment relationship, joint venture partnership or other affiliated entity status between Vendors and the City, and the City will not be liable for any obligation incurred by Vendors, including, but not limited to, unpaid minimum wages and/or overtime premiums. In this regard, the City is not responsible for any debts, defaults, acts or omissions of Vendors or their officials, agents, servants and employees. 6) Notices: TO THE CITY: Arthur Noriega V. City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Victoria Mendez City Attorney City of Miami 444 S.W. 2nd Avenue, 9th Floor Miami, Florida 33130 Annie Perez, CPPO Chief Procurement Officer/Procurement Director City of Miami 444 S.W. 2nd Avenue, 6th Floor Miami, Florida 33130 Page 4 TO VENDOR: 4®p EVE leeCe6A-TimN INC e.e6 DENT is 1.z. t 7 dC4 U D.26 D — 0i- q -DEL- /1m Fe- 3 Z-72. 366 -576-6 6-g 6or p neY'eC 7) Contract Section 4.42, titled Governing LawNenue, is hereby deleted in its entirety and replaced with the following "Applicable Law, Venue and Attorney's Fees" language: This Agreement with the City shall be governed by and construed under the laws of the State of Florida regardless of choice or conflict of laws principles. Venue in any proceedings between Vendors and the City of Miami shall be in a court of competent jurisdiction located in Miami -Dade County, Florida. Each party shall bear their own respective attorneys' fees. 8) Laws and Ordinances Vendors shall be responsible for following and observing all applicable laws, rules, regulations and ordinances of the City, County, State, and Federal government or such other public agencies having jurisdiction over the subject matter of this Agreement relating to the activities, undertakings and operations being conducted pursuant to this Agreement. 9) Contract Section 5, titled Indemnification, is hereby deleted in its entirety and replaced with the following "Indemnification" language: A. Vendors shall further indemnify, defend (at their own cost), and hold the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the City, its officers, agents, directors, employees, agencies, and instrumentalities were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, Vendors shall, upon written notice from the City, resist and defend (at their own cost) such action or proceeding by counsel satisfactory to the City. Vendors expressly understand and agree that any insurance protection required by this Agreement or otherwise provided by Vendors shall in no way limit the responsibility to indemnify, defend and save the City, its officers, agents, directors, employees, agencies, and instrumentalities harmless as herein provided. B. The indemnification provided above shall obligate Vendors to defend, at their own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by Vendors, or persons employed or utilized by Vendors. Page 5 C. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable: and as amended. • D. Vendors shall require all subcontractor agreements to include a provision that each subcontractor shall indemnify the City in substantially the same language as this Section. Vendors agree and recognize that ,the City shall not be held liable or responsible for any claims which may result from any actions or omissions of Vendors in which the City participated either through review or concurrence of Vendors' actions. In reviewing, approving or rejecting any submissions by Vendors or other acts of Vendors, the City, in no way, assumes or shares any responsibility or liability of Vendors or subcontractors under this Agreement. E. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by Vendors. 10)Contract Section 6 titled Non -Discrimination in Contracting, and Contract Section 6.1 titled Equal Opportunity is hereby deleted in its entirety and replaced with the following "Non -Discrimination, Equal Employment Opportunity, and Americans with Disabilities Act" language: Vendors shall not unlawfully discriminate against any person in their operations and activities or in their use or expenditure of funds in fulfilling their obligations under this Agreement. Vendors shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any services funded by City, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Vendors shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Vendors affirm that they shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with their performance under the formal solicitation. Furthermore, Vendors affirm that no otherwise qualified individual shall solely by reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used, be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of their business, including performance of services and employment of personnel, Vendors shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 11)Contract Section 7, titled Insurance, is hereby deleted in its entirety and replaced with the following "Insurance Requirements" language: Page 6 Vendors shall provide and maintain in force at all times during the Agreement with the City, - such insurance, - including Workers' Compensation and Employer's Liability Insurance; Comprehensive General..Liability Insurance, Automobile Liability.insurance and Errors and Omissions Insurance to assure the protection contained in- the foregoing -indemnification undertaken by Vendors. A. For all Vendors providing equipment or material using third -party freight, shall only provide Commercial General Liability Insurance based on subsection- C. herein, Commercial General Liability Insurance requirements. B. Workers' Compensation subject to Statutory limits for the State of Florida with $100,000.00 Employers Liability. Employer's Liability- Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for Bodily injury caused by disease, each employee $500,000.00 for Bodily injury caused by disease, policy limit C. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per occurrence, $2,000,000.00 for policy aggregate, affording coverage for bodily injury, including death, and property damage. The certificate of insurance shall insure exposures arising out of premises and operations, products and completed operations, personal injury and advertising liability, and include coverage for contingent and contractual exposures. This insurance shall be written with a primary and non-contributory wording and shall list the City of Miami as an additional insured. D. Business Auto Liability protecting against bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned and hired automobiles exposures, with limits of not less than $ 1,000,000.00 per accident. The City shall appear listed as an additional insured on this coverage. E. A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall be named as an additional insured on all liabilities, except professional liability and workers' compensation coverage. A copy of the certificate shall be mailed to the City's Department of Risk Management at the time Vendors execute this Agreement. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no Tess than "A-" as to management, and no Tess than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Page 7 The City reserves the right to request a certified copy of the insurance policy including all endorsements. 12)Contract Section 4,24,titled Cancellation, is hereby deleted in itsentiretyand. replaced with the .following ."Cancellation for Convenience" language::- The City, acting by and through its City Manager, shall have the right to terminate this. Agreement, in its sole discretion, and without penalty, at any time, by giving written notice to Vendors atleast thirty (30) calendar days prior to the effective date of such. termination. In such event, the City shall pay to Vendors compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Vendors for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Vendors shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. 13)Contract Section 4.22, titled Assignment, is hereby deleted in its entirety and replaced with the following "Assignment" language: Vendors were selected for these Services due to their particular and unique experience in the subject matter of this Agreement which Agreement is not freely assignable or transferable. This Agreement shall not be assigned, sold, transferred, or otherwise sold, by Vendors, in whole or in part, and Vendors shall not assign any part of its operations, without the prior written consent of the City Manager, which may be denied, withheld, or conditioned, in the City's sole discretion through the City Manager. Vendors shall have no recourse from the City Manager's refusal to approve this Assignment, other than to cancel the Agreement in the manner provided by subsection (I) above. 14)Mediation: These parties may, at their discretion, agree in writing to resolve any dispute between them arising under this Agreement by submitting such dispute to non —binding mediation by a certified mediator in Miami -Dade County, Florida. The parties shall split the cost of the mediator. The decision of the mediator shall not be binding. 15)Contingency Clause: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws, City programs or policies, or regulations, upon thirty (30) days written notice. 16)Contract Section 4.45, titled Force Majeure, is hereby deleted in its entirety and replaced with the following "Force Majeure" language: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural Page 8 disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the. performance of- any actor obligation pursuant to or required by the Agreement by reason of a Force ,Majeure: Event, the time for required completion of such' act or obligation' shall- be= extended by the number of days equal to the total :numberof days, if ariy, that such..:. party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated dutatiOn of• the delay, and if such delay shall extend beyond the duration specified in.such notice, = additional notice shall be repeated no less -than monthly so long as such delay due- to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 17)City Not Liable for Delays: Vendors hereby understand and agree that in no event shall the City be liable for, or responsible to Vendors or any subcontractors, or to any other person, firm, or entity for or on account of, any stoppages or delays in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delays for any cause over which the City has no control. 18)Use of Name: Vendors understand and agree that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Vendors are allowed, within the limited scope of normal and customary marketing and promotion of their work, to use the general results of this project and the name of the City. Vendors agree to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 19)No Conflict of Interest: Pursuant to City Code Section 2-611, regarding conflicts of interest, Vendors hereby certify to the City that no individual member of Vendors' companies, no employee, and no subcontractors under this Agreement or any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Vendors hereby represent and warrant to the City that throughout the term of this Agreement, Vendors' companies, its employees, and its subcontractors will abide by this prohibition of the City Code. 20)Invoices: Invoices shall contain purchase order numbers and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc.); and shall be in compliance with Chapter 218 of the Florida Statutes 218.73, and 218.74, the Florida Prompt Payment Act. Page 9 21)No Third -Party Beneficiary: No persons other than Vendors and the City (and their successors and assigns) shall have any rights whatsoever:.under this Agreement. 22)Survival: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration, or earlier termination of this Agreement shall survive such expiration or earlier termination. 23)Truth-in-Negotiation Certification, Representation and Warranty: Vendors hereby certify, represent and warrant to the City that on the date of Vendors' execution of this Agreement, and for so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Vendors under this Agreement are and will continue to be accurate, complete, and current. Vendors understand, agree and acknowledge that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the. Agreement price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 24)Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which shall be an original as against either Party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Page 10 IN WITNESS WHEREOF, the parties hereto havecaused this instrument to be executed by their respective officials thereunto duly authorized. Vendor( BY: (7) CITY OF. MIAMI, a Florida Municipal corporation: BY: DATE: 0 '7 18 2 DATE: ATTEST: Arthur Noriega V, City Manager ATTEST: 'orporate/SeCretary/Notary Public Todd Hannon, City Clerk -Corporate Seal/Notary Seal ay: *V % JENNIFER JANELLE ;remission # HH 379138 �OF,F`op�v Expires March 27, 2027 APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe, Director Risk Management APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney WHEREAS,: COMPANY RESOLUTION (This Resolution needs to authorize the signatory to sign) 2/06 LE 4 (Jd\-) I NC a (Company type:. Inc., LLC.) desires to enter into an Agreement with the City of Miami ("City") for the purpose of performing the work described in the Agreement to which this resolution is attached; and WHEREAS, the-lb/9 b/9 » N e it 4J i IV C (Board type: Board of Directors for Inc., Board of Managers for LLC.) at a duly held Company meeting has considered the matter in accordance with the bylaws of the Company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD of (same as identified above) that this Company is authorized to enter into the Agreement with the City, and the e461.-7t-ituT (Company officer title) and the L)l Ce - / h J (Company officer title) are hereby authorized and directed to execute the Agreement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of Mei L. , 202 3 G A �(r,'f 2 , . 113e IE j0/0 f(' Company") An FL®p,( I2# (State) Company By: (sign) Print Name: gbp,4 TITLE: i� �� (sign) Print ame:"-re I 'V j "Pe TITLE: Y 1 Ce - D v^& r de-i JENNIFER JANELLE Commission # HH 379138 Expires March 27, 202T Page 12 ACCESSING COMPETED CO-OP and GOVERNMENTAL CONTRACTS CHECK LIST CONTRACT NO.: ITB 31041421 PROCUREMENT CONTRACTING OFFICER: Victoria Giraldo DATE SUBMITTED: 3/23/23 TITLE: Parks Site Furnishing, Playground Equipment, Surfacing, and Installation, Replacement Accessing Co-ops and Governmental Contracts Package All Accessing of contacts must be reviewed and approved by the Department Director with signature below. Procurement Documents — to be included in Approval Package Fl Award Summary Form for Director or City Manager (if applicable) Fl Agenda Item Summary Form (for Commission Approval — if applicable) Fl Resolution (for Commission Approval — if applicable) Fl Copy of this checklist signed by the Director Co-op/Governmental Agency Documents — to be included in Approval Package Fl Copy of Tally/Evaluation Results (score sheets, ranking or summary) Fl Copy of Contract's Advertisement & Distribution information Fl Copy of Contract/Solicitation Being Accessed Fl Copy of Award Sheet/Approval Documents Fl Copy of Proposal/Bid (See below) NOTES: giAPPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, policies and procedures. ❑ NOT APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, policies and procedures. Annie Perez, CPPO Director/Chief Procurement Officer Department of Procurement 1/24/18 P12)-1 So.t, rae„ BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared Paul Bickham AFFIANT'S NAME (PERSON'S NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, induding but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or 0 online notarization this day of 20 ,, by , who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public FOR AN ENTITY State of t •, County of c4_c J The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of (physical presence or 0 online notarization this 6th day of April 20 71 . by Paul Bickham as Manager of Advanced Recreational Concepts, LLC. a 0 Partnership, 0 Joint Venture, 0 Corporation, Limited Liability Company (LLC) or 0 Other , on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: Signature of Nota lic Notary Plic State of:IrtAt;,Aw My Commi io Expires: al;I.� Printed, typed or stamped Commissioned name of notary public Signature of Affiant iiii.mbrawasigariariar . 16."1'TAMARA L ORTIi `F`� Notary Public - State of Florida I . `' Commission p GG 26i965 ii •�..'oF n. My Comm. Expires Sep 25, 2022 1 Bonded through National Notary Assn. Pau Bickham Printed or typed name of Affiant 2l BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT MUST BE INCLUDED IN BID P+acm AOCNOWLIDGB BY ANSWERING '"YES'! YES Did you sign your bid? * X Did you sign and complete MBD Forms 10 and 20? * )e Did you fully complete the price proposal /bid response page? * Did you complete the Bidder's Affidavit and associated notarized form? * ) If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * Je Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * Y Did you include copies of certificates and or licenses as indicated per Technical Specification? * yC Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * J( Did you include Manufacture Specifications as per Technical Specification? * >e Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?* X Is your company name clearly be indicated on the attached price sheet?* >e ^ailure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No", are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): 19 Yes L] No Firm Name: Advanced Recreational Concepts Authorized signature: Date: 04.06.2021 22 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate family means spouse, parents and children of the person involved. ''.*Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a Tong -term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a 'close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO X NAME(S) / POSITION(S) FIRM NAME: Advanced Recreational Concepts BY (PRINTED NAME): Paul Bickham BY (SIGNATURE): E: Manager DATE: 04.06.2021 BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog Playcraft Systems 2021 2% b. Catalog IdSculpture 2021 2% C. Catalog UltraPlay 2021 2% d. Catalog Ultrasite 2021 2% e. Catalog ActionFit 2021 3% f. Catalog ICON 2021 2% If additional space is needed, attach additional pages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). The firm, fixed percentage is 37 , 3. Is your written factory certification for the installation of playground equipment attached? Yes X No 4. If you are using a subcontractor for the installation of playground equipment list the Certified Installer's Company Name/s: Name: Playspace Services 5. Does your company provide repair service? Yes V No $ 197.50 /hour (Please reference Playspace Services Catalog) 6. Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes V No Mulch $65 per Cu. Yd Geotextile $.47 per Sq. Ft 24 PAGE 24 CONTINUED Site Furnishings and Playground Equipment Catalog Name Date Discount g. Catalog SRP Shade 2021 2% h. Catalog Waterspalsh 2021 2% i. Catalog Playtopia 2021 2% j. Catalog Grounds for Play 2021 2% k. Catalog Playspace Services — install services 2021 2% I. Catalog Cedar Forest Shelters 2021 2% m. Catalog RCP Shelters 2021 2% n. Catalog Freenotes Harmony 2021 2% o. Catalog Childforms 2021 2% 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? Yes ✓ Yes V Yes ,/ No No No 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. Yes ✓ No 9. Minimum order? Yes If so, $�` No ✓ 10. List any Exclusions: 11. Contact Information: Name Matt Gagnon Phone: 352-835-9008 Cell 352-835-9008 Email mgagnon@arcflorida.com Firm Name: Advanced Recreational Concepts Authorized Representative's Name: Matt Gagnon Authorized Representative's Title: Project Manager Address: 3125 Skyway Cir City: Melbourne Telephone No.: 321-775-0600 State: FL Zip: 32934 Fax No.: Email: INFO@ARCFLORIDA.COM Federal I.D. #: 20-0520823 Type Organization: [ ] Individual [ ] Small Business [ ] Partnership [ ] Corporation [ ] Non -Profit [ ] Joint Venture pQ LLC Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: Yes [ ] No License # CBC1261271 Minority Business Status: [ ] Black [> Hispanic []woman []Other Is your business certified as a minority business with any government agency? [> Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Office of Supplier Diversity 10.17.2021 Sub -Contracting Submittals reauireci: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Policy and City of Tampa Ethics Code contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: 04.06.2021 25 Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non•Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: Playspace Services Address: 3125 Skyway Cir Melbourne, F. 32934 Federal ID: 59-3136444 Phone: 321-775-0600 Fax: Email: inforIVPayspaoeservioes.com Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4 [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: bd See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses NIGP Code Categories: Buildings = 909, General = 912 Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE 0 = Neither Company Name Address Phone, Fax, Email Type of Ownership BF BM = African Alm. HF HM = Hispanic AF AM = Asian Am. NF NM =Native Am. CF CM = Caucasian Trade or services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote Response Received Y/N Federal ID 0 Playspace Services 3125 Skyway Cir Melbourne Fl 32901 HF HM 914 912 912-77 E Y 59-313644� info@playspaceservices.com It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on this contract. Signed. Name/Title: Paul Bickham/Manager Date: 04.06.2021 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid 1 Proposal MBD 10 rev./effective 02/2016 26 i4VOLT- Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4— DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(ContractorslConsultantslSuppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings. Playground Equipment and Surfacing, Installation. Repairs and Replacement Bid #3101421 Company Name: Advanced Recreational Concepts Address: 3125 Skyway Cir. Melbourne. FL 32934 Federal ID: 20-0520823 Phone: 321-775-0600 Fax: Email: info@arcflorida.com Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. N See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minority/small businesses [ ] No Subcontractinglconsulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 Enter'S" for firms Certified as Small Local Business Enterprises 'IM1r for firms Certified as Womezu 1inorily Business Enterprise '0' S = SLBE W=WMBE 0 =Neither Company Name Address Phone, Fax, Email Type of ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Arn. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (L01) if available Percent of Scope or Contract % Federal ID 0 Playspace Services 3125 Skyway Cir Melbourne FI 32901 HF HM 909 912 914 59-3136444 info@playspaceservices.com otal ALL Subcontract 1 Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. it is hereby certified that the following information =s a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signed _ Name/Title: Paul BickhamlManager Date: 04.06.2021 Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non•Responsive Forms must be included with Bid 1 Proposal MBD 24 rev +effective 02/2016 28 City of Tampa — DMI Sub•(ContractorslConsultants!Suppliers) Payments [ I Partial [Final Contract No.: 21-C-00417 WO#,(if any) Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Contractor Name: Advanced Recreational Concepts Address 3125 Skyway Cir Melbourne, FL 32934 Federal ID 20-0520823 Phone 321-775-0600 Fax Email info@arcflorida com GC Pay Period Payment Requestllnvoice Number: City Department: Total Amount Requested for pay period: Total Contract Amount(including change orders): \Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am., NF NM Native Am., CF CM = Caucasian S = SLBE Type Trade/Work Activity []Sub r]Supplier Federal ID Company Name Address Phone & Fax Total Sub Contract [fir PO Amount Amount Paid To Date Amount To ee Paid For This :Period Amount Pending Previously Reported Sub Pay Period Ending Date Certification: I hereby certify that the above information is a true and accurate account of payments to sub — contractors/consultants on this contract. Signed Name/Title Paul Bickham / Manager Date: 04.06.2021 (Modifying This Form or Failure to Complete and Sign May Result in Non -Compliance) DMI form 30 (rev. 03/12/10) Pg _ of __ [ I See attached for additional information. 30 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is mauthorized y law to administer oaths and take acknowledgements, personally appeared —� R FI�N'f''S NAME Who, after being duly cautioned and sworn, and being f Ily aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed Invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Horida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Af lant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged In business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of 0 physical presence or ❑ online notarization this day of 20 , by • who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Printed or typed name of Affiant State of Cleo g1Q County of DI)Nc I al The foregoing instrument ❑ online notarization this 11 as PYU de f t ❑ Limited Liability Company FOR AN ENTITY was sworn to (or affirmed) and subscribed before me by means of kiphysical presence or day of (ril 2021 ,by Cvi � giISS , of Eli Si VrodL W 'aAAAS,vI�,s, 0 Partnership, D Joint Venture, )f Corporation, (LLC) or 0 Other , on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: peenrstttti ITV 0 ) in Signature of Notary Public Notary Public State of: Up rg 1 My Commission Expires: 3 I'! j2rL3 I v M SYj Printed, typed or stampe Commissioned name of notary public ,SON O'io ce84419 Clco 9 .g_e 0 (4 COUNT" �Ci r?9 f B I i s S Printed or typed name of Affiant 21 BID #: 31041421 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT THE FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING "YES" Did you sign your bid? YES Did you sign and complete MBD Forms 10 and 20? * Did you fully complete the price proposal /bid response page? * Did you complete the Bidder's Affidavit and associated notarized form? * If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * Did you include copies of certificates and or licenses as indicated per Technical Specification? * Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * Did you include Manufacture Specifications as per Technical Specification? * Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?* -is your company name clearly be indicated on the attached price sheet?* * Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI - Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No', are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): [J Yes [J No Firm Name: N i s E fro d.0 Axed. Se rvi'c i Authorized signature: (4) t''(z Date: 11 I 2014 22 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, ail bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate familymeans spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons Involved in a close personal relationship shall be referred to as a "close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or Indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control Its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and posiaon(s) with your business. YES NO NAME(S) / POSITION(S) NA FIRM NAME: Bliss Pi 0,1A,i✓ts Servl'ceL, Inc. BY (PRINTED NAME): E' re oj' I V i s s BY (SIGNATURE): akiy) TITLE: PYQs f pnfi DATE: y 2D Ll BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment a. Catalog b. Catalog C. Catalog d. Catalog e, Catalog Catalog Name 4lay 1 KlYV Struolvres Bij"Toys VItra, Play Sp or is play Ultra Site, Date if !mho Discount v. 5.1. 1 D'[. f. Catalog dam Pa,ric ,i If additional sp ce is needed attach additional pages using Pleadings as indicated above (See OLAL l't1 an a,j i 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of th€ equipment cost (the total cost after discount has been taken, but before freight has been added). 3. Is your written factory certification for the installation of playground equipment attached? 4. If you are using a subcontractor for the Installation of playground equipment list the Certified Installer's Company Names: 5. Does your company provide repair service? 101. The firm, fixed percentage is 3 5 % (pi aY orormdS 'rlud pir dab -ror a1 aNi.y) Sher eui pr(ent. No Name: `[ 6D MI lobs art, ascig fv 5ubconfiracmrs obey PO `s oxe. i 1nf M1(1. $ 300.DO/hour No 6. Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's speclflcation data sheet attached? $ 16.00 per Cu. Ft $ 1\11 A per Sq. Ft MinirMirn ()NU-: Loa C'/ No 24 Site Furnishings and Playground Equipment Catalog Catalog Catalog Catalog Catalog Catalog Catalog Catalog Catalog Catalog Catalog Catalog Catalog Name Superior Shade Modern Shade Cedar Forest Products Reed's Metals Superior Shelter Frog Furnishings Freenotes Harmony Action Fit Safety 1" National Recreation Systems Dura Play ARS Landscaping Date 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 4/19/2021 Discount 10% 10% 10% 10% 10% 5% 5% 5% 5% 5% 5% 5% 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, Flex Pave, Concrete and Brick Pavers) Is price table attached Is manufacturer's spedfication data sheet attached? Have samples been submitted? 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. 9. Minimum order? 10. List any Exclusions: Blacking afetil Ist SvrfaLmm Ifso,$ pepatrs only: *?•DLD. DD No No No No No 11. Contact Information: Name: V.riS '1 C`ieDY cell: 40u- 6124 St Phone: 13PD- Email: ILri Skn@ b I i s spy0C1.14.j-14• (4)Y1 Firm Name: Pi+ s c Pro d.U. Lh.S kYV I (fl i ti n ( • Authorized Representative's Name: ew l9 bliss Authorized Representative's Title: FY J) Ur) t Address: WIG I S . Evuteillwther 12,45( • City: U * i 4l, 8111 1/1 Telephone No.: iOv' V 16- Z 1 Fax No.: ea"910-19I Federal I.D. #: 'D _r _ 7) i a 03 ! Type Organization: [ ] Individual ] Small Business [ ] Partnership Corporation State: & i Zip: 3D 122 Email: I,)f Dal t' S i PrEld, U.%tS -iASIYi [ ] Non -Profit [ ] Joint Venture [ ] LLC Business is licensed (unless exempt by applicab' law), permitted and certified to do business in the State of Florida: '( Yes [ ] No License # CC(1 �>I �44 Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business with any government agency? [ ] Yes [ jio. If yes, please list below: Agency Name Certification Number Expiration Date Sub-Contractinu Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bld the Bidder complies with all of the requirements of the bid including but not limited to Communication Policy and City o mpa Ethics o contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: q�1q!UM 25 TA Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 ,^ . Inc C. Company Name: g1iSS Plf[)r`i�l cis (1 S Address: ((Lea 1 S. W.eUwct+er led • Federal lD: 1- 2413 wa) Phone: 80V-zM - Zt11Fax: 93 Mit 2O-lglS Email: I00 @bi i SS pro dud3•Gtrn Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. o Firms were contacted or solicited for this contract. No Firms were contacted because: M1 SUbcpntr&L4-i i S d()Yle n9 aver r�.cei p} oP PD ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MIBD•10 must list ALL subcontractors solicited including Non-minoritvlsmall businesses NIGP Code Categories: Buildings = 909, General = 912 Heavy = 913. Trades = 914. Architects = 906, Engineers 8 Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE 0 = Neither Federal ID Company Name Address Phone Fax, Email Type of Ownership (F=Female M-Male} BF BM = African Am. HF HM = Hispanic AF AM Asian Am NF NM = Native Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received Y/N It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on this contract. Signed: Failure to MBD 10 rev.leffective 0212016 Name/Title: 81 GS, Pres)thall Date: 24 24 and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non•Res onsi}e Forms must be included with Bid / Proposal 26 MBD 20 rev./effective 02/2016 Failure to Complete, Sion and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 -- DMl Solicited/Utilized Schedules City of Tampa - Schedule of All To -Be -Utilize Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name:EUSS Nall (-Fr (Ln VerVif Pt WtC•Address: (06 S W w y ed • Federal lD:5i 13(Q31 Phone: DDFax:$1.N-120-l'lls" Email: &( prdofi• Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minoritvlsmall businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. KI No Firms are listed to be utilized because: Aibf o nt-y t-i n j i S d,o ni 040 pt Pe PD NIGP Code General Categories; Buildings =909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S=SLBE W=WMBE 0 -Neither Enter'S' for firms Certified as SmaU Local Business Enterprises, 9N• for firms Certified as Women/Minority Business Enterprise, `0' for Other Non -Certified Trade, Services, or Materials Federal ID Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Mafe) BF BM = Afncan Am HF HM = Hispanic Am. AF AM = Asian Am. NFNM=Native Am. CF CM = Caucasian NIGP Code Listed above $ Amount of Quote. Letter of Intent (LOI) if available Percent of Scope or Contract Total ALL Subcontract / Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. _°% Percent WMBE Utilization of Total Bid/Proposal Amt. %, It is hereby certifi hat the followi i ormation is a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signed: /k--` Name/Title: Ewer hi its S di r �ropo I Date: a fJ?, Fai a to Cem fete, Ian and Submit Both Forms 10 & 20 SHALnder the Bid or Proposal Non•Responsiv - Forms must be included with Bid 1 Proposal 28 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME (PERSONS NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, induding but not limited to, if a Florida corporation, to the filing of its Artides of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not In arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the Clty, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the Clty of Tampa as amended from time to time and any applicable professional regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Co ration according to your firm . FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of 20 , by who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public State of 'L-t„4,-.. County of FOR AN ENTITY The foregoing Instrument was swam to (or affirmed) and subscribed before me by means of alihyslcal presence or ❑ online notarization this j.� day of k.'_{. °._;w- 20. '.__Li , by n i 1 l (o , as k j c c e I1r c S.v-k,.c�- f- of f-I r›c> ( it., 5 �Ln� 1.1...e< rc4 a ❑ Partnership, ❑ Joint Venture, El Corporation, ❑ Umited Liability Company (LLC) or 0 Other on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: f> . r ,< ,r :_:.. [) +.p Signature of Notary Public Notary Public State of: rlor��� My Commissi Expires: d /�/ J C ) c; f ..c�.trlG�erl' Printed, typed or stamped Commissioned name of notary public Signature of Affiant Notary Publ?C Stuta of Florida Vickie Jo Landers My Commie on GG 157924 �i Expires 12/13/2021 ie_ILe_ CcFz.l o Printed or typed name of Affiant 21 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 BID TfTLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT THEFOLLOWINGFORMS,MUST BE INCLUDED IN BID PACKAGE PLEASEACKNOWiEDGEIMANSWER1NG "YES" YES Did you sign your bid? * V Did you sign and complete MBD Forms 10 and 20? * v/ Did you fully complete the price proposal /bid response page? * Dld you complete the Bidder's Affidavit and associated notarized form? * i0--". If an addendum has been issued that changed the Bid Response Page(s), did you provide` pricing on the pages marked "Addendum" * Dld you include catalogs, price sheets and or CD's as indicated per Technical Specification? * Did you include copies of certificates and or licenses as indicated per Technical Specification? * Did you include pricing for Engineered Fiber Wood Mulch per Technical Spedfication? * I%A n Did you indude Manufacture Spedfrcations as per Technical Specification? * ✓ Did you List pricing based on thickness and color optio ,er Section 11 of the Technical ;v Specifications?* Ts your company name clearly be MIicat on the att hed price sheet?- allure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own Initial application for employment has criminal history screening practices similar in nature to the practices contained In Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No ; are for informational purposes only and will not be used as a bass of award or denial, nor as a basis for any protest): [1 Yes [‘No l k 1 Ir Firm Name: �:;�� � rl L L, � � � L, ire- r,1 •��;��::�ti� ? 5 C. Authorized signature: :Of C LLI Date: Lr / 5 - L 22 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed offcer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate family means spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but Is not I mited to casual dating, serious dating, or casual sexual involvement where the parties have no Intention of carrying on a Tong -term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees Involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a Firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO NAME(S) / POSITION(S) FIRM NAME: _ A J I, s{ to ,1,:I_tc L ti i o 1'• + '� BY (PRINTED NAME): au Li {, 1 i C t 1-.,1 10 BY (SIGNATURE): _ TITLE: Y P. c- 5 t L , DATE: 23 BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Fadlay Location, with all transportation charges prepaid, and for the prices quoted thereon as follows, I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog no11 o SL&r- tar'pt Q a 1 3 0 b. Catalog C. Catalog d. Catalog e. Catalog f. Catalog If additional space Is needed, attach additional pages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). The flrm, fixed percentage is ? 5 3. Is your written factory certification for the Installation of playground equipment attached? Ni I A Yes No 4. If you are using a subcontractor for the installation of playground equipment lest the Certified Installer's Company Name/s: Name: �j i Cu. ; ;,_ k 4v � . t ; - r: , .., rr rv, ur , 5. Does your company provide repair service? Engineered Wood Fiber Mulch (to Include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes No $ )hour N 1 A Yes $ per $ per NI iA _ (No) Cu. Ft Sq. Ft 24 `i. Surfacing Products (Poured \Turf, FlexiPave, Concrete and Is price table attached Is manufacturer's specification Have samples been submitted? -In -Place Rubber, Artificial Brid( Pavers) data sheet attached? Yes YesCO Yes N� No No 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to 6ubmit may disqual.fy your bid. No 41120 9. Minimum order? Yes If so $ NO 10. Llst any Exclusions: NIA 11. ContactrInformation: Name: f 1c.i ..0 ..ib:b(I () Phone: CIL(— g aS-30&0 cell: N 1 A Email: d ail ► t ice s, tc •A.,, i cd, cum_ Firm Name: _ A fn I 10 S Cc r 1-•1 .--; 1 .17 ' S n Authorized Representative's Name: -jai-CI l 2 (- f. C , b t. ( / 0 Authorized Representative's Title: V. P. 0 'I.) L j Address: Li(-1 Q -7 A A ,3h4c, -, City: %C_ 1. C. 4 GL State: F L Zip: y a 3 Telephone No.: 19I-cia5-3O Q Fax No.: CHI -125 -3DO ( Email: Federal I.D. #: S - i 135 co 51 Type Organization: [ ] Individual [ ] S II Business [ ] Partnership t arporation [ ] Non -Profit [ ] Joint Venture [ ]LLC Bus ess is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: [vryes [ ] No License # ' ;] j ' �, !Th Ci . 'LE '' Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman f.J"her Is your business certified as a minority business with any government agency? Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date a c SkAppl,ravrrn47 __ N to -a- aI Sub-ContractincgSubmittais reuuired: Forms MBD-10, MBD-20 nwst be submitted with the bid/proposal. By signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Policyy and City of Tampa Ethics Code contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: 1 /irvu LILL. C bate: I-1- / 5 - a / 25 Failure to Complete. Sinn and Submit Both Forms 10 & 20 SHALL 1 r uu. Page 1 of 4 — DM! Solicited/Utilized Schedules City of Tampa — Schedule of Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Fumishings: Playground Equipment and Surfacing, Installation. Repairs and Replacement Bid #3101421 Company Name: of t5A.tn°�yy,karo( 5 41em 5 Address: LH S-7 4 Ash bn PA ,5c&.)6-1-a FL 3k-ra83 Federal ID: Ca 1 C Phdhe: Fax: 9Yl-` .5-goo/ Email: da(i,etu..OcpolkoSurnr.kc, . ,coni Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. I {o Firms were contacted because: See attached fist of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minoritylsmall businesses NIGP Code Categories: Buildings = 909, General = 9t2, Heavy = 913, Trades = 914, Architects =906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE 0 = Neither Federal ID 0 S`f :3(f 5oia( Type of ownership (F=Fernale ) Company Name BF OM = African Am. Address HF HM = Hispanic Phone, Fax, Email AF AM = Asian Arn. NFNM=Native Am. OF CM = Caucasian (0.yo1 re..acrea- -1 on i cv+ C.e 3 a4( 17) 5 10 i 1 d C a - Run Or. WI\ .4" .;O! ��lero C: 33gQ?is" 5i, 8G:j5 Trade or Services NIGP Code (listed above) C Ala_ Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received YIN Y It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on this contract. Signed:',J)cyri,c.t-. 6 (y' ,t4 NameCfitle:. € f Cf&..ij( VPS� t) Date: c-/--/S- a / Failure to Comolete. Sinn and Suy. Both Forms 10 S r L render the Bid or Proposal Non -Responsive Forms must be included with Bid] Proposal MOD 10 rev.leffecthre 0212016 26 a,* Page 3 of 4 - DMI SolicitedlUtilized Schedules City of Tampa - Schedule of All •l� -tau a Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, installation, Repairs and Replacement Bid #3101421 Company Name:Apo/ f) .5wn Ai-s+ern s Address: 4'! 8'7 A ,4s h-o,z Rd Sir-o 0. ft - a 3.3 Federal ID: 65 I /35(o 51 Phone:9rf1-qa - 2,oao Fax: q�1-q e.•3a5( Email:rcr,t,PtLa c i(osAM5ucurl_ (on. Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. 1 t See attached list of additional Firms Utilized and all supplemental Information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minority/small businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ I No Firms are listed to be utilized because: NIGP Code General Categories. Buildings = 909. General = 912. Heavy = 913, Trades = 914, Architects = 906. Engneers & Surveyors = 925, Supplier it 912-77 Enter'S' for firms Certified as Smal. Local Business Enle. rises S = SLBE W=WMBE ■Neitlu5r Company Name Address Federal ID Phone, Fax, Email 'W' for firms Certified es Wornen/Minorill Business Ente'rrise, '0' for Other Non -Certified Type of Ownership Trade. (F=Female M-Male) Snr�, BF BM = African Am. or Matenars HF HM - Hispanic Am. AFAM=Asian Am. NF NM = Native Am. CF CM = Caucasian lit-0-5 en + e uThe.o.k% O(..o5cj L) C -+ZL, Drurn iaoI 33gas" C(Y1 NIGP Code Listed above RIB, $ Amount of Quote. Letter of Intent (L0I) if available Percent of Scope or Contract Total ALL Subcontract 1 Supplier Utilization $_ '-1 c Total SLBE Utilization $ O Total WMBE Utilization $ r) Percent SLBE Utilization of Total BidlProposal Amt. 0 % Percent WMBE Utilization of Total Bid/Proposal Amt. % It is hereby certified that the following information is a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signedavv AAA., f./ ....(,4a Name/Title: n i a j( ( 4ls V PS,4.5 Dale: -/-/5 - Failure to Comcf./4......-Lb a e. Sion and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid / Proposal 28 ATTACHMENT 8 A B C 1 ATTACHMENT B - PRODUCTS LIST 2 PRODUCTS TYPE IMANF. NAME 3 Benches PLAYGROUND & FITNESS EQUIPMENT 4 Trash Receptacles 650.12, 650.18 Landscape Structures 5 Bike Racks 650.38, 650.54 Gametime 6 Bollards 650.60, 650.72 Kompan 7 Picnic Tables 650.60, 650.72 Berliner Seilfabrik 8 Bike Repair Station 9 Play Equipment 10 -Play Structure PLAY SURFACING - MANUFACTURER D 11 -Free Standing GT Impax PIP 12 Safety Surfacing 650.5 Vitriturf PIP 13 -PIP LS Pebble Flex 14 -Eng. Wood Fiber Surface America PIP 15 -Play Turf Fibar 16 bog Waste Station KorKat 17 Pavers Forever Lawn 18 - brick 19 - concrete Innovative Sports Surfacing 20 Flexi Pave 21 Shade Structure 22 -fabric sails 23 -hard roof SITE FURN; 24 Turf Support Mtls. MANUFACTURER 25 Perma Trak Du Mor 26 Comm Codes Victor Stanley 27 650.06 Anova Furnishings, Inc. 28 650.1 Landscape Forms 29 650.24 Keystone Ridge Designs, Inc. 30 650.36 Kay Park 31 650.38 Belson Outdoors 32 Wabash Valley 33 The Park Catalog 34 120.27 Wausau Tile 35 Namco DoggyDo Station 36 iron Age Designs 37 lronsmith, Inc. 38 Dura Art Stone 39 Creative Systems -Landscape Brands 40 Park Warehouse 41 mmcite7 LLC 42 Forms +Surfaces 43 SHADE STRUCTURES & GAZEBO 44 45 MANUFACTURERS ATTACHMENT B E 1 2 DETAILS ,DISCOUNT % 3 4 5 6 7 8 9 Play structures & Free Stdg. Pieces Play structures & Free Stdg. Pieces Play structures & Free Stdg. Pieces Play structures & Free Stdg. Pieces 10 ETAILS 11 12 13 14 15 16 17 18 19 20 21 22 23 Rubber & Engineered wood fiber Rubber Poured In Place (PIP) Rubber PIP Rubber PIP Eng. Wood Fiber / Rubber PIP Rubber PIP, Eng. Wood Fiber, Bonded Rubber, Rubber Mulch, Artificial Artificial Playground Turf Rubber PIP, Artificial Turf, Court Surface Repair 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DETAILS ATTACHMENT 8 A B C 46 Poligon 47 Shade Systems 48 Appollo Sungvard 49 USA Shade 50 Classic Recreation Systems 51 Tensile Shade Products 52 53 MISCELLANEOUS PRODUCTS / MATERIALS t 54 MANUFACTURERS 55 Permaloc 56 Grass Pave 57 FlexiPave 58 PermaTrak 59 Trex Company, Inc. 60 Geo Block 61 Oldcastle 62 Keystone 63 Pine Hall Brick 64 66 67 68 69 70 ATTACHMENT B 46 47 48 49 50 51 52 53 IETAILS 54 55 Metal edging 56 Turf support 5 7 Alt. tree grate / paving 58 Boardwalk system 59 Decking 60 Turf support 61 Biock walls 62 Block walls Brick Pavers 63 64 65 66 67 68 69 70 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is dui uthorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME (PERSON'S NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive budding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not 'n arrears to the City of Tampa upon debt or contract and is not in defau`.t, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or emp,ayee of the City, ether individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall rece've any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorneys fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain genera' requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of 0 physical presence or 0 online notarization this day of 20 , by , who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public i State of Georgia County of Carroll FOR AN ENTITY The foregoing instrument was swom to (or affirmed) and subscribed before me by means of ® physical presence or Cl online notarization this 8th day of April 2021 by Shane Lanier as President/ CEO , of Lanier Plans Inc. dba KorKat a ❑ Partnership, 0 Joint Venture, ® Corporation, ❑ Umited Liability Company (LLC) or 0 Other , on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: Persw,alh krv.•x+ 4o+me Signature of Notary Public Notary Public State of: Georgia My Commi ion Expires: r Printed, typed or stamped Commissioned name of notary public 011011IHt nature of Affia sS41EIv74, 0. r% NDARy s o . UB/.Ic : g• #olliiii 1tikOhane Lanier Printed or typed name of Affiant 21 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 REPAIRS AND BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPLACEMENT !THE FOLLOWING FORMS MUST BE INCLUDED IN BID P4C'KAG$ PLEASE ACKNOWLEDGE BY ANSWERING "YES"! YES Did you sign your bid? * N Did you sign and complete MBD Forms 10 and 20? * N Did you fully complete the price proposal /bid response page? * Ix Did you complete the Bidder's Affidavit and associated notarized form? * x If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * N Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * Di Did you include copies of certificates and or licenses as indicated per Technical Specification? * x Did you Include pricing for Engineered Fiber Wood Mulch per Technical Specification? * r?s Did you include Manufacture Specifications as per Technical Specification?* x Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?* x rs your company name clearly be indicated on the attached price sheet?* g * Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No, are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): [_] Yes [J No Firm Name: Lanier Plans Inc. dba KorKat Authorized signature: Date: 04/08/2021 22 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disdose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any Immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling finandal interest***, etc., of their business. *Immediate familymeans spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carving on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "dose personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed offidal is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO x NAME(S) / POSITION(S) FIRM NAME: Lanier Plans Inc. dba KorKat BY (PRINTED NAME): Shane Lanier BY (SIGNATURE): TITLE: President/ CEO DATE: 04/08/2021 23 BI D RESPONSE FOR SITE FURNI SHI NGS, PLAYGROUND EQUI PMENT AND SURFACI NG, I NSTALLATI ON, REPAI RS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog Coverworx 4/15/2021 3% b. Catalog Superior Playgrounds 4/15/2021 3% C. Catalog Superior Amenities 4/15/2021 3% d. Catalog Superior Shade 4/15/2021 3% , r. e. Catalog Superior Play Components 4/15/2021 3% f. Catalog If additional space is needed, attach additional pages using headings as Indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). The firm, fixed percentage 30-90% Depending is % on Product 3. Is your written factory certification for the installation of playground equipment attached? JYes No 4. If you are using a subcontractor for the installation of playground equipment list the Certified I nstaller's Company Name/s: Name: NA 5. Does your company provide repair service? Yes $ 100 /hour No 6. Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes $6.18_ $6.18 per Cu. per Sq. Ft Ft No 24 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? V Yes VYes _ / Yes No No No 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. ✓ Yes No 9. Minimum order? Yes If so, $ � No 10. List any Exclusions: 11. Contact Information: Name: Shane Lanier Phone: 770-214-9322 Cell: Email: ShaneL@KorKat.com Firm Name: Lanier Plans Inc. dba KorKat Authorized Representative's Name: Shane Lanier Authorized Representative's Title: President/ CEO Address: 221 Cable Industrial Way city: Carrollton State: GA Zip: 30117 Telephone No.: 770-214.9322 Fax No.: 770-214-9323 Federal I.D. IV 86-1063618 Email: ShaneL@KorKat.com Type Organization: [ ] Individual [ ] Small Business [ ] Non -Profit [ ] LLC [ ] Partnership [1 Corporation [ ] Joint Venture Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: [ ] Yes [ ] No License # Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business with any government agency? [ ] Yes [i No. If yes, please list below: Agency Name Certification Number Expiration Date Sub-Contractina Submittals reauired: Forms MBD-10, MBD-20 must be submitted with the bid/ proposal. By signing this bid the Bidder mplies wit all of the requirements of the bid including but not limited to Communication Policy and CitIff Tarjpe�ics Code contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: 04/08/2021 25 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: Lanier Plans Inc. dba KorKat Address: 221 Cable Industrial Way Carrollton, GA 30117 Federal ID: 86-1063618 Phone: 770-214-9322 Fax: 770-214-9323 Email: ShaneL@KorKat.com Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [xJ No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minoritvlsmall businesses NIGP Code Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE 0 = Neither - • Federal !D - Company Name P Y Address Phone, Fax, Email Type of ownershict (F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM =Asian Am. NF NM = Native Am. CF CM = Caucasian Tradeicesr NIGP Code (listed above) method L=Letter F=Fax E=Email P=Phone Quote or Response I PD I Received YIN and Su.binit .Fail-u.re to Corn Nate Sign Pr epos t1. t.hi.s form with your Bid cr. Shall render the BO Non. Responsive (bo .) .v N iodi y T ni.s .J icarpn.) It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on thi ! ontract. Signed: f Name/Title: Shane Lanier President/ CEO Date: 04/08/2021 Failure to om i n and Submit Bcritr Forms 1I 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid !Proposal MBD 10 rev.effect.ve 02/2016 2 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI SolicitedlUtilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(Contractors/ConsultantslSuppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Plavoround Equipment and Surfacing. Installation, Repairs and Replacement Bid #3101421 Company Name: Lanier Plans Inc. dba KorKat Address: 221 Cable Industrial Way Carrollton, GA 30117 Federal ID: 86-1063618 Phone: 770-214-9322 Fax: 770-214-9323 Email: ShaneLAKorkat.com Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minoritvlsmall businesses [x] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 Enter 'S' for firms Certified as Small Local Business Enterprises W for lions Certified as WonhenIUinorily Business Ent rise "0' erg ,V, V41011 ljlr%iO1UI1CY S = SLBE Type of Ownership Trade, W=WMBE CompanyName (F=Female M-Male) Services, $ Amount Percent 0 =Neither BF BM = African Am. or Materials of Quote. of Address HF HM = Hispanic Am. Letter of Scope or Phone, Fax, Email AF AM = Asian Am. NIGP Code Intent (LOP) Contract Federal ID NF NM = Native Am. Listed if available % CF CM = Caucasian above Ea i it 0 rn t , i Q -Formwith Yin- 1 > P i " r Ir Pr , ,.., h g I I render the ail N R As onsi v>, L T od.ff11 —Fora ) otal ALL Subcontract 1 Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. _ It is hereby certif that the formation is a true and accurate account of uti.ization for sub -contracting opportunities on this Contract. Signed: MBD 20 rev /effective 02/2016 Name/Titre: Shane Lanier President/ CEO Date: 04/08/2021 Failure to e, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid 1 Proposal 28 otal ALL Subcontract 1 Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. _ It is hereby certif that the formation is a true and accurate account of uti.ization for sub -contracting opportunities on this Contract. Signed: MBD 20 rev /effective 02/2016 Name/Titre: Shane Lanier President/ CEO Date: 04/08/2021 Failure to e, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid 1 Proposal 28 City of Tampa — DMI Sub•(Contractors/ConsultantslSuppliers) Payments [ ] Partial [ ] Final Contract No.: 21-C-00417 WO#,(if any) Contract Name: Site Fumishinqs, Plavaround Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Contractor Name: Lanier Plans Inc. dba korKat Address 221 Cable Industrial Way Carrollton, GA 30117 Federal ID 86-1063618 Phone 770-214-9322 Fax 770-214-9323 Email ShaneL2KorKat.com GC Pay Period Payment Request/Invoice Number: City Department: Total Amount Requested for pay period: Total Contract Amount(including change orders): \Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am., NF NM A Native Am., CF CM = Caucasian S = SLBE Type Trade/Work Activity []Sub Supplier Federal ID Company Name Address Phone & Fax Total Sub Contract 0r P0 Amount Amount Paid To Date Amount To Be Paid For This Period Amount Pending Previously Reported Sub Pay Period Ending Date Certification: I hereby certify that the above information is a true and accurate account of payments to sub — contractors/consultants on this contract. Signed (Mo ' Ong Name/Title Shane Lanier President/CEO Date: 04/08/2021 his Form or Failure to Complete and Sign May Result in Non -Compliance) DMI form 30 (rev. 03/12/10) Pg of [ ] See attached for additional information. 30 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared SONIA M PERKINS AFFIANT'S NAME (PERSON'S NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and Is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of (11 d G County of VPA u Si 01 The foregoing instrumeileipas sworn to (or affirmed) and subscribe eforg me by 0 online notarization this 19 day of jr' 0 Z by is personallyknownto me or who has produced identification and who (did not) tak Signa o Notary blic Notary Pub State of: iremmi ipl� t } a Expires: 1QXY1)v\\ lU y i c ic. Printed, typed or stamped Commissioned name of notary public IAA , Signature of fiant eans of physical presence or rt 1c r► , who TERRI KRYNICKI Commission 1 GG 216655 14o, Expires May 10. 2022 4 , r Boxed Tin et•194Noarysa es SONIA M PERKINS m is m. P ry ire s Printed or typed name of Affiant FOR AN ENTITY State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of 0 physical presence or ❑ online notarization this day of 20 , by as , of a 0 Partnership, 0 Joint Venture, 0 Corporation, ❑ Limited Liability Company (LLC) or 0 Other , on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: SONIA M PERKINS Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public 21 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT THE FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING "YES" YES Did you sign your bid? * V Did you sign and complete MBD Forms 10 and 20? * V- Did you fully complete the price proposal /bid response page? * V Did you complete the Bidder's Affidavit and associated notarized form? * 41 If an addendum has been issued that changed the Bid Response Page(s), did you provide] pricing on the pages marked "Addendum" * Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * 'Sti Did you include copies of certificates and or licenses as indicated per Technical Specification? * Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * ld Did you include Manufacture Specifications as per Technical Specification? * li Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?* e.7f Is your company name clearly be indicated on the attached price sheet?* Vf * Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No", are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest,: [_] Yes [x_] No Firm Name: TOP LINE RECREAT +�i INC Authorized signature: Date: 04/06/2021 2 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. 'Immediate familymeans spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO X NAME(S) / POSITION(S) FIRM NAME: TOP LINE RECREATION, INC BY (PRINTED NAME): SONII-}1 PERKINS BY (SIGNATURE): TITLE : PRESIDENT DATE: 04/06/21 23 BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby dedare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to fumish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog BCI BURKE PLAYGROUNDS 04/06/21 5% b. Catalog SHADE SYSTEMS 04/06/21 5% C. Catalog AMERICANA 04/06/21 5% d. Catalog MYTCOAT 04/06/21 3% e. Catalog PREMIER POLYSTEEL 04/08/21 3% f. Catalog PERCUSISSION PLAY 04/06/21 5% If additional space is needed, attach additional pages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). The firm, fixed percentage is 36 �ru 3. Is your written factory certification for the installation of playground equipment attached? x Yes No 4. If you are using a subcontractor for the installation of playground equipment list the Certified Installer's Company Name/s: Name: AL BOSGRAAF & SONS,INC HURLEY CONSTRUCTION, INC SAFETY 1ST PLAYGROUNDS, INC 5. Does your company provide repair service? x Yes No $ 350 /hour 6. Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes No $ 38.00 per Cu. Ft $ per Sq. Ft 24 CONTINUATION OF PAGE 24 I:: Site Furnishings and Playground Equipment Catalog Name Date Discount g. Catalog YALP 04/06121 10% • h. Catalog I Catalog 1. Catalog '• Catalog m. Catalog 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? x Yes x Yes x Yes No No No 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. x Yes No 9. Minimum order? Yes If so, $' x No 10. List any Exclusions: 11. Contact Information: Name: TERRY R PERKINS Phone: 386-575-8359 Cell: 407-466-2909 Email: TERRYP@TOPLINEREC.COM T Firm Name: TOP LINE RECRATION, INC Authorized Representative's Name: SONIA M PERKINS Authorized Representative's Title: PRESIDENT Address: 2922 HOWLAND BLVD - SUITE 4 City: DELTONA State: FL Zip: 32725 Telephone No.: 386-575-8359 Fax No. 888-909-0549 Email: SONIAP@TOPLINEREC.COM Federal I.D. #: 45-3009109 Type Organization: [ ] Individual [ ] Small Business [ ] Partnership [X ] Corporation [ ] Non -Profit [ ] Joint Venture [ ] LLC Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: [ Yes [ ] No License # 74-8017064943-7 Minority Business Status: [ ] Black [x] Hispanic [x] Woman [ ] Other Is your business certified as a minority business with any government agency? ]j(] Yes [ ] No. If yes, please list below: Agency Name NMSDC HILLSBOROUGH COUNTY Certification Number FL04221 Expiration Date 10/01/2021 HC-2717/20 09/14/2022 Sub -Contracting Submittals required: Forms MBD-1O, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder c Communication Policy and City Authorized Signature: lies with all of Tampa Ethics uirements of the bid including but not limited to ined in Section 4 of the GENERAL CONDITIONS. 25 Date: 04/06/21 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: TOP LINE RECREATION,INC Address: 2922 HOWLAND BLVD -ST 4 - DELTONA, FL 32725 Federal ID: 45-3009109 Phone: 386-575-8359 Fax: 888-909-0549 Email: SONIAPa@TOPLINEREC.COM Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [ ] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority!small businesses NIGP Code Categories: Bu'd:ngs = 909, General = 912, Heavy = 913, Trades - 914, Architects = 906. Engineers 8 Surveyors = 925, Supplier = 912-77 S = SLBE W=WMBE 0 = Neither Federal ID 26-3998380 0 Company Name Address Phone, Fax, Email SAFETY 1ST PLAYGROUNDS 4711 AUSTRALIAN AV - ST 5 - WEST PALM BEACH, FL 33407 561-881-8630 Type of Ownership {F=Female M=Ma1e) BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian CF CM Trade or Contact Services Method L=Letter NIGP Code F=Fax (listed E=Email above) P=Phone 909 Quote or Response Received Y/N 59-2084524 0 AL BOSGRAAF & SONS, INC 240 REBEL RUNM OSTEEN, FL 32764 407.402-8495 - ALBANDSONS@GMAILCOM CF CM 909 E 47-3691574 0 HURLEY CONSTRUCTION, INC 6026 ALLEN ST - MT. DORA, FL 32757 321-231-6195 - GHURLEY3006@GMAIL.COM you n r c91 909 E Shail render the Bid Non -Responsive It is hereby certifi d that the infor opportunities on r ,s contract. Signed: rovided is an accurate and true account of contacts and solicitations for sub —contracting Name/Title:Date: QL/-106-2 Failure t Complet. Sin and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid / Proposal MBD 10 rev./effective 02/2016 26 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: TOP LINE RECREATION.. INC Address: 2922 HOWLAND BLVD - SUITE 4 Federal ID: 45-3009109 Phone:386-575-8359 Fax: 888-909-0549 Email: SONIAP@TOLINEREC.COM Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minoritvlsmall businesses [ ] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers E. Surveyors = 925, Supplier = 912-77 Enter"S' for firms Certified as Small Local Business Enterprises for firms Certified as Women/Minority Business Enterprise,' S = SLBE W=WMBE 0 Neither Company Name Address Phone, Fax, Email Type of ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (L01) if available Percent of Scope or Contract % Federal ID 26.3998380 SAFETY 2ST PLAYGROUND 4711 N AUSTRALIAN AVE - ST 3 - WEST PALM BEACH,FL 33407 561-881-8630 - GUYSOREC@AOLCOM CF CM 909 N/A 20% 0 59-2084524 AL BOSGRAAF & SONS,INC 240 REBEL RUN-OSTEEN,FL 32764 407.402-8495, IAWN1NILCOX279@GMAIL.COM CF CM CF CM 909 909 NIA 1 NIA 20% 20% 0 47-3691574 HURLEY CONSTRCTION, INC 6026 ALLEN STREET - MT. DORA, FL 32757 321-2314195 • GHURLEY3006@GMAILCOM 0 E -'" Total ALL Subcontract ! Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total BidlProposal Amt. It is hereby certified t t the followirig infonp i i a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signed: I1,t �_ f ` Name/Title: PRESIDENT Date: 04/06/2021 e to Colete Sion and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid 1 Proposal MBD 20 rev ;effective 02/2016 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared G� � �vSS6LL AFFIANT'S NAME (PERSON'S NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict, The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Cor.oration accordin■ to our firm ,e. FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or 0 online notarization this day of 20 , by who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Signature of Affiant Printed or typed name of Affiant FOR AN ENTITY State of FLv/L1/40A County of L 4..� The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of,l physical presence or 0 online notarization this S day of P P L 20 Z 1 , by L ✓k i / L5 s1 L 4 as V , of r�L�r U1�ST� f'`JC` a 0 Partnership, tJ Joint Venture, i�Corporation, ❑ Limited Liability Company (LLC) or L] Other , on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification produced: Signature of Notary Public Notary Pub_, State of: l D r C. 4 My Commission Expires: _-3C)-a3 4e,L7,-54k Printed, typed or stampe �' Commissioned name of n. ' . ry public Signature of Affiant :tijx a� MELISSAVEGA Notary Public - State of Florida ., Commistfon GG 3b�320 ••"?ffr My Comm. Expires Sep 30, 2023 Bonden through Natiorai Notary Assn. Go-' 12 3ELL Printed or typed name of Affiant 21 BIDDER SUBMITTAL CHECKLIST BSA DOCUMENTS TO BE RETURNED BID #: 31041421 BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT ME FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING "YES"" YES Did you sign your bid? * Did you sign and complete MBD Forms 10 and 20? * X Did you fully complete the price proposal /bid response page? * Did you complete the Bidder's Affidavit and associated notarized form? * X If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * / Did you include copies of certificates and or licenses as indicated per Technical Specification? * / Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * / Did you include Manufacture Specifications as per Technical Specification? * / Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?* / Is your company name eTearTy be indicated on the attached price sheet?* * Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No", are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): [ ] Yes ,'] No Firm Name: FY' `^' FST Authorized signature: Date: L( i 2 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate familymeans spouse, parents and children of the person involved. *Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientaton of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation," ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO V NAME(S) / POSITION(S) FIRM NAME: PG AYI 02 "" G S7 , I C ss u BY (PRINTED NAME): BY (SIGNATURE): TITLE: DATE: 3 BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type PLAyttilog_t_ \A)t,T) PC We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog pi_ivw NLt_✓J 707f a \ b. Catalog 40 En.LIfiAg. 2Uz i Z. C. Catalog WPN3 4A UPSLI,it( Zpz I Z \' d. Catalog EKp r ti T 2.e>Z I Z e. Catalog DO 6 Oki 14 2 o 2 1 2 f. Catalog (p.✓T,,. -Ctt ATIAcuf0 goal If additional space is needed, attach additional pages using headings as indicated above$ff A., ..„, SQ 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). The firm, fixed percentage is �� w ro,e Pe-AVCRaik195, f rrt iskwv5, rowfs5 d- 1. iceohtz,vT j$O,L'r!L SW Ad f S d-5i-1(L-11 25 3. Is your written factory certification for the installation of playground equipment attached? No 4. If you are using a subcontractor for the '2 '"I ct— (A-#S TA u- installation of playground equipment list the Name: Certified Installer's Company Name/s: 5. Does your company provide repair service? 6) No r $ ) /hour 6. Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes LI $ $_Li No per Cu. Ft _ per Sq. Ft 24 Company Products Date Discount Installation % Playworld Playgrounds Site Furnishings Shade Fitness Equipment 2021 2% 40% Berliner Playgrounds 2021 2% 40% Wabash Valley Site Furnishings 2021 2% 40% Exo Fit Fitness Equipment 2021 2% 40% Dog On it Dog Park Equipment 2021 2% 40% USA Shade Fabric Shades 2021 2% 180% Shade Systems Fabric Shades 2021 2% 180% Apollo Sunguard Fabric Shades 2021 2% 180% Superior Shelters Metal Shelters 2021 2% 180% Mulch and Soil Co. Engineered Wood Fiber 2021 See Price Table See Price Table Zeager Engineered Wood Fiber 2021 See Price Table See Price Table Robertson Tot Turf Poured in Place Artificial Turf 2021 See Price Table See Price Table No Fault Poured in Place 2021 See Price Table See Price Table X Grass Poured in Place Artificial Turf 2021 See Price Table See Price Table Forever Lawn Artificial Turf 2021 See Price Table See Price Table PLAYO i2T_ 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? Ye No No No 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure toCP ,submit may disqualify your bid. No 9. Minimum order? 400 If so, $ L j � 0 00 No 10. List any Exclusions: 11. Contact Information: Name: ZLik C gil5 5f Lc� Phone: 23 GC a Zy 00 Zia 3No $IS'� lvker C�II: Email: ,q Mot+?c)4Iiite.Cc"l y Firm Name:___ PIA,Mipiz£ [pc Authorized Representative's Name: LUXg AA.5 to �- Authorized Representative's Title: (JP Address: (021 I 0 oe v rA eAS 2o, S v iT£ I City: I -5 State: Zip: 53 ct 6.6 Telephone No.: W g 1611 l 2'40 0 Fax No.:2,3a `1av-69 I Email: Federal I.D. #: 6s - oog j !1#v lc I Acre o A I I', cc, -I Type Organization: [ ] Individual [ ] Small Business [ ] Partnership VT Corporation [ ] Joint Venture [ ] Non -Profit [ ] LLC Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: yf Yes [ ] No License # C3C I C SZZ2t-1 Ce.4 — 000 35.-q 1 •,AYtA) /305 Z006-- Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business with any government agency? [ ] Yes fr]'No. If yes, please list below: Agency Name Certification Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Policy and ity of�Tam a Ethics Code contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: ff S f Z- 25 Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Narrtr2Z - Wt.S 1 11✓ Address: (02-1t OW lev✓FA tams /co svi ( rf.MY 5, >✓U Federal ID: "1=21"1-448 Phone:Z 7' i-+at, Fax:? " `tat 2w0 Email lAianperirkete0A 1,:►erc��t i3�r`6 Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must fist ALL subcontractors solicited including Non-minoritvlsmall businesses NIGP Code Categories Buildings = 909, General = 912, Heavy = 913 ` rades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier 912-77 S = SLBE W=WMBE 0 = Neither Federal ID Company Name Address Phone, Fax Email Type of Ownership (F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NFNM=Native Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received YtN It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on this contract. Signed: 4 fl Nameffitle: Lakit (''S S £ L� VP Date: 9 T S- ZI Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non•Responsive Forms must be included with Bid / Proposal MBD 10 rev.leffective 02/2016 26 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(ContractorslConsultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing. Installation, Repairs and Replacement Bid #310. 421 Company Name: Pt -AN -Mat- Ptott- WfsT, I Address:W°W-1i,p g-2 'FAP.A5 ",,Sour `i fKvtS, a 3511'4' Federal ID: CS -cm g 944(4 Phone: 1'1A 12K cv" Fax: ?341 -aai 24171 Email: 144,0 ei',ptiorecht ete,Ge9rt Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minoritylsmall businesses V4No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912-77 �I Enter'S" for firms Certified as Small Local Business Enterprises, W for firms Certified as Women/Minority Business Enterprise, "0" for Other Non -Certified Type of Ownership (F=Female M=Male) Company Name BF BM = African Am. Address HF HM = Hispanic Am. Phone, Fax, Email AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian S = SLBE W=WMBE 0 =Neither Federal ID lilt Fro rnp! is form with .L%)nal I render the (Do Not i t- Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (LOI) if available Percent of Scope or Contract Total ALL Subcontract 1 Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. % It is hereby certified that the foil information is a true and accurate account of utilization for sub -contracting opportunities on this Contract. n Signed: % Name/Title: � gv55 J ZL U," Date: 41 "s— � Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with.Hid 1 Proposal MBD 20 rev./effective 02/2016 28 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared Nathan Almon, President AFFIANT'S NAME (PERSON'S NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 20 f-URTHER AFFtANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/tier Ov.n Right, A Partnership or A Corporation, according to yo..ir firrn type. State of County of FOR AN INDIVIDUAL ACI'XNG IN HIS/HER OWN RIGHT The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of I- physical presence or 0 online notarization this day of 20 , by , vrho is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Notary Public State of: My Coni mission Expires: Printed, typed or stamped Commissioned name of notary public State of County of The foregoing instrument was s sworn 0 onr1 notariza)ion this Y day of as l'rt;1(/ l';lf , of 0 Limited Liability Company (LLC) or LJ Other Signature of Affiant Printed or typed nanic of Affiant FOR AN ENTITY (or affii_rmed) and subscribeddbefore me bymeans of V'ph}tsicai presence or 2 Q9L, t }y j0a06.6. �-4-�-.r Of) , Je•v C.6 . a 0 Partnership, • - Joint Venture, [t-Corporation, personally_known to me or has produced identification. Type of ic9entification produced:' •/(1/j/ 7•V‘() / ,_2z.„7 „"---,,,-- -,. Si ' ture of Notary Public Signature of Affiant , on behalf of such entity. Such individual is Notary Pub State of: `1C.;ild 0., , My Commiudon, Expires: --�9d:;)_& (r f L. K-Aci rn� Gt Printed, typed or stamped Commissioned name of notary public �;fl KATIE E GRA3ENAU r :so; ;; Notary PLbhc State of F erida 'llr yP. Commission 4 GG 330390 Y?or 'Bonded My Comm. Expires May 2. 2023 'Sanded through National Notary Assn. /7Irr11.)4-. Printed or typed name of Affiant BID #: 31041421 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT THE FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING "YES" Did you sign your bid? ' Did you sign and complete MBD Forms 10 and 20? r. you fully complete the price proposal (bid response page? YES Did you complete the Bidder's Affidavit and associated notarized form? If an addendum has been issued that changed the Bid Response Page(s), did you provide ricinn on the pages marked "Addendum" * Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? Did you include copies of certificates and or licenses as indicated per Technical Specification? Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * Did you include Manufacture Specifications as per Technical Specification? * Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?' Is your company name -cre`aEy be idreatecl i the attached price sheet?* Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial appl cation for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or ' No `, are for informational purposes only and will not be used as a basis of award or denial, nor as a bass for any pretes)[X] Yes [_] No Firm Name: Rep Services, Inc. Authorized signature: Date: 4 10:2021 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, ail bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation'* of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlfng financial interest***, etc., of their business. Immediate farn./y means spouse, parents and cl ildren of the person involved. "Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long -tern relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a 'close personal relation." ",Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a dire_t or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow h-m/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO No NAME(S) / POSITION(S) FIRM NAME; Rep Services, Inc. BY (PRINTED NAME): Nathan Almon BY (SIGNATURE): TITLE: DATE: 4/10 2021 BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Fadlity Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog Landscape Structures, Inc. Play, Shade and Water Jan 2021 2% b. Catalog TotTurf Surfacing 2019 2% C. Catalog Poligon Steel, Wood, Fabric 2014 2% d. Catalog DuMor Site Furniture Catalog Jan 2021 2% e. Catalog Vitrlturf Safety Surfacing Catalog 2017 2% f. Catalog ForeverLawn 2016 2% g. Catalog Engineered Wood Fiber Mulch NIA 2% If additional space Is needed, attach additional cages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has beer) taken, but before freight has been added). The firm, fixed percentage is 75 3. Is your written factory certification for the installation of playground equipment attached? ® Na 4. If you are using a subcontractor for the installation of playground equipment list the Certified Installer's Company Name's: Name: 1. Johnny Pitts 2. Al Bosgraff Construction, Inc. &Sores _ J 5. Does your company provide repair service? 40 No $ N/A /hour 6. Engineered Wood Fiber Mulch (to Include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes $ per No Cu. Ft Sq. Ft $ per 24 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, Flex'Pave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? CM,No Yes No CO 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. No 9. Minimum order? Yes If so, $ No 10. List any Exclusions: NSA 11. Contact Information: Name: Scott Brushwood Cell; 813.294.7325 Phone: 727.539.8457 Email: scott(a)repservrces.corn Firm Name: Rep Services, Inc. Authorized Representatve's Name:_ Nathan Almon Authorized Representative's Title: President Address: 165 W Jessup Ave City: Longwood State: FL _ Zip: 32750-4146 Telephone No.: 407.831.9658 .. Fax No.: 866.232.8532 Email: sales(0Jepservices.com Federal I.D. #: 59-2978507 Type Organization: [ ] Individual [ ] Small Business [ ] Non -Profit [ ] LLC [ ] Partnership IX} Corporation [) Joint Venture Business is licensed (unless exempt by appiicab`e law), permitted and certified to do business in the State of Florida: [X] Yes [ ] No License # 21-01733 Minority Business Status: [ ] Black [ ] H spank ( ] Woman [] Other Is your business certified as a minority business with any government agency? [ ] Yes [X] No. If yes, please fst be:ow: Agency Name Certification Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Policy and Cary of Tampa Ethics Code contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: 04e10/2021 15 ErtiriPa Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/ConsultantslSuppliers) (FORM MBD-1O) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: Rep services, Inc. Address: 165 W Jessup Ave, Longwood, FL 32750-4146 Federal ID: 59-2978507 Phone: 407.831.9658 Fax: 866.232.8532 Email: sales@repservices.com Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [x] No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses hItGP Code Calegones. Budd,r.gs = 999, General = 912 Heavy = 913 Trades - 914. Architects - 906. Engineers & Surveyors = 925. Suppler = 912-77 5 = SLBE W=4V18E 0 = Neither Company Name Address Phone Fax Emaa Type oQ.v f nership (F=FemaleAt=Malo) BF BM = African Am. HI Hi,1= HispanicResponse AF A'.l = Asian Am. NF Nh1 = Nat ve Am. CF CM = Caucasian Trade or Services NIGP Code (listed above) Contact Method L=Letter F=Fax E=Emaa P=Phone Quote or Received YIN Federal ID o Johnny Pitts Construction, Inc. 4124 Pace Lane Milton, FL 32571 FM Installer E Y 56-2401784 0 Al Bosgraaf & Sons. Inc. 240 Rebel Run Osteen, Ft. 32764-9335 FIh4 Installer E Y 59-2084524 It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on this contract. Signed: ! G-/: C./ NamelTltle: Nathan Almon, President Da#e: 4/10/2021 Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non•Responsive Forms must be included with Bid ! Proposal ML'. t_`1 10 fevier fectrve 02/2016 iv1BD 20 rev feftectrve 02/2016 yid Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(ContractorslConsultantslSuppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation. Repairs and Replacement Bid #3101421 Company Name: Rep services, Inc. Address: 165 W Jessup Ave, Longwood FL 32750-4145 Federal ID: 59-2978507 Phone: 407.831.9658 Fax: 866.232.8532 Email: sales@repservices.corn Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MAD-20 must list ALL subcontractors To -Be -Utilized including Non-minority/small businesses (x] No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: rJ!GP Code General Categories Budd.r•.5s = 909. General = 912, Hea ry 913 Trades - 914, Architects = 905, Engineers & Surieyors = 925, Suppler = 912-7t Enter 'S' for rmu Cenified as Small Lout! Business Enterprises. -Yr for fir+ns Cerdied as 4Yomen t,Gnority Business Enterpri '0• rer Q;h, r I n CCfh`. S = SLBE W=WMBE 0 Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female M=Male) BF BM = African Am. 1IF H!.1 = Hispanic kn AF AM = Asian Mr. NF NM = Na:ive Am. CF CI. = Caucasian Trade, Services, or Materials NIGP Code Listed above S Amount of Quote. Letter of Intent (L01) it available Percent of Scope or Contract `5 Federal ID D Johnny Pitts Construction, Inc. 4124 Pace Lane Milton, FL 32571 Phone: 850-994-9749 Fax: 850-983-1386 johnny@ipconstructs.com F!M Installer E Y 56-2401784 O Al Bosgraaf & Sons, Inc. 240 Rebel Run Osteen, FL 32764-9335 Phone:407-402-8497 FAx' 407-381-G193_ albandsorjs@9maiLcocn_.. F!M _ _- _ .. - . ---- Installer • ---.- E — Y 59-2084524 otal ALL Subcontract / Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE utilization of Total Bid/Proposal Amt. - % Percent WMBE Utilization of Total Bid/Proposal Amt.. ._% It is hereby certifie thaythe fy,iowing t:tformation is a true and accurate account of utrl zat on for sub -contracting opportunities on this Contract. Signed: (2 Name/Title: Nathan Almon, President Date: 4/10/2021 Failure to Complete. Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid ! Proposal 0 City of Tampa — DMI Sub-(Contractors/ConsultantsfSuppliers) Payments [ ] Partial [ ] Final Contract No.: 21-C-00417 WO#,(if any) Contract Name' Site Furnishings. Playground Equipment and Surfacing. lnstaliationRepairs and Replacement Bid #3101421 Contractor Name: Rep Services, Inc. Address 165 W Jessup Ave. Longwood. FL 32750-4146 Federal ID 59-2978507 Phone 407.831.9658 Fax 866.232.8532 Email sales(a)repservices.com GC Pay Period Net 30 Payment Requestllnvoice Number: City Department: Total Amount Requested for pay period: Total Contract Amount(including change orders):_ \-Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am.. NF NM Native Am., CF CM = Caucasian S = SLBE T *e Company Name Address Phone & Fax Total Sub Contract Or PO Amount Amount Paid To Date Amount To Be Paid For This Period Trade/Work Activi ttivi []Sub Sul 'tier Amount Pending Previously Reported $ _ Sub Pay Period Ending Date Federal ID F/M Johnny Pitts Construction, Inc. 4124 Pace Lane Milton, FL 32571 Phone:850-994-9740 Fax: 850-983-1386 $ Installer Sub 56-2401784 FIM Al 6osgraaf & Sons. Inc. 240 Rebel Run Osleen, FL 32764-9335 Phone:407-402-8497 Fax: 407-386-6193 5 $ Installer Sub 59-2084524 $ $ $ S $ $ edification: I hereby certify that the above information is a true and accurate account of payments to sub — contractors/consultants on this contract. Signed / �"`' NamelTitle Nathan Almon, President pate. 4/10/2021 (Modifying This Form or Failure to Complete and Sign May Result in Non -Compliance) DMI form 30 (rev. 03/12/10) Pg _ of 30 [ ] See attached for additional information. BIDDER'S AFFIDAVIT Before me, the undersigned authority .who is du y authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANTS NAME (PERSONS NAME) Who, after being duly cautioned and sworn, and berig fully aware of the penalties of penury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: I. That the Bidder, if a natural person, is of (awful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Honda, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Honda Secretary of State and If a corporation incorporated under the laws of a state other than Honda, that it is duly author zed to do bus ness in the State of Honda; that it is currently an act ve corporaton or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bird said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currentty complied with and any and ail 'avrs ar d procedures governing the operation of bi.sinesses under fictitious names !n the State of Honda; 4. That the Bidder has not submitted a rigged Bid, nor engaged rn collusive bidding, or a collusive bidding arrangement, or fraudu'ent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to b d or fixing the pr ces to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices n derogation of the statements in this Affidavit the City, in addition to any other remedy +t may exercise, have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. G. That the Bidder ,s not in arrears to the City of Tampa upon debt or contract and is not in defauit, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Honda 7 That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting tie Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8 That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bd method and has full knowledge of tie scope, nature, and quality of work to be performed or the services to be rendered. 9 That, by submitting this Bid, Affiant cert ries compliance with Section 287.135, Florida Statutes and for contracts for goods or services of Si m.li.on or more, that the B dder is not on the Scrutinized Companies With Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Pctroteum Energy Sector List, and is not engaged in business operations in Cuba or Syria,, and that for contracts for goods o• services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contai'; general requ rements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern, whenever there appears to be a conflict. The Bidder shall comply with the app:icable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicabe profess oral regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Co i•.ration according toyour firm type. FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of L; physical presence o' U online notarization this day of 20 , by r who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Printed or typed name of Affiant FOR AN ENTITY State of �!I County of ilrtiA. \kn The foregoing instrument was sworn to (or affirmed) and subscribed beforeme by means of physical presence or CI online notarization this ! ;.> day of /)p 11 20 2/ h1. by LS lE e\i as T7i" A , of I , .t a i s R. Tc•J(\ a .. Partnership, EL Joint Venture, tc Corporation, Ci Limited Liability Company (LIC) or U Other personally known to me or has produced identification. Type of identification produced: 1 ='}roc, r �i :,� kt rs _ Signatu. a of Notary Public g tore o nt Notary Public State of: i't\ My Commission Expires: `i ,�.< "RC �? r6-ork\x--)- A T i�C}t Printed, typed or stamped Commissioned name of notary public on behalf of such entity, Such individual is is Commonwealth of P+eruuyivanla - Notary Seal I KWIEERLY A. PLATT• Notary Public Butler County My Commission Expires September 22, 2023 Commission Number 112694E Printed or typed name of Affiant 21 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS REPLACEMENT AND THE FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING "YES" YES Did you sign your bid? * X Did you sign and complete MED Forms 10 and 20? ' Did you fully complete the price proposal /bid :-esponse page? Did you complete the Bidder's Affidavit and associated notarized form? If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * x Did you include catalogs, price sheets and or CD's a5 indicated per Technical Specification? * Y Did you include copies of certificates and or licenses as indicated per Technical Specification? _ 4, Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? MIA Did you include Manufacture Specifications as per Technical Specification? * NO Did you List pricing based on thickness and color options per Section II of the Technical Specifications?' 1, Is your company name clearly be indicated on the attached price sheet?" V ese rarms shah result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices sinii:ar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screen ng Practices, City of Tampa Code of Ordinances, (Responses, whether "Yes" " or "No',' are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): (J Yes p(No Firrn Name: KelskC7� ues lC s Authorized signature: Date: 4/ BY (SIGNATURE): ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member' or close personal relation*" of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest' `, etc., of their business. Immediate family meal's spouse, paren`s and children of the person involved 'rClose personal re/at-onship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not Fim•ted to casual dating, serious dating, or casual sexual invoive•nent where the parties have no intention of carry.ng on a long-terrn relationship, cohabitation, and ary other conduct or behavior normally associated with ro•l'antic or sexual relationships. This defirition applies regardless of the sexual orientation of the employees involveu. Persons involved in a close personal relabonsh p shall be referred to as a "close personal relation." '`Controlling financial interest n eans ownership, directly or indirectly, to ten (10) percent or more of the • outstanding capita' stock in any corporation or a direct or .ndirect interest of ten (10) percent or more in a fine, partne.sh'p, ;;r other business entity or such other interest or position in a busir°ess entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s)meand position(s) with your business. YES NO /� NAME(S) / POSITION(S) FIRM NAME: e15\ .(Ae ;TA C BY (PRINTED NAME): A `',c.SOA9_ Uj;k.AA TITLE: 1) \ C A o DATE: 3 12 V BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have careful y read this proposal or b d and the provisions, terms and cond Irons concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation cr,arges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment a. Catalog b. Catalog C. Catalog d. Catalog e. Catalog f. Catalog Catalog Name Ke-Oc lt 6l'As ..20.a1 Date yJ/3l,Y)l Discount s" U/ 1!5 If additional space is needed, attach additional pages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). 3. is your written factory certification for the installation of playground equipment attached? The firm, fixed percentage is Ur A 4 11 I [ L•A a re. I'LA- i'e-ue.de-A \t-Nq lcnlo Frta-)t. srcp-i �K.• ties ON° 4. If you are using a °,ubcontractor for the rnstallat'on of playground equipment list the Certified InstallerCompany Name/s: 5. Does your company provide repair serf• ce '' Nance: ,v Yes S /hour 6 Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes $ per Cu. Ft $ per Sq. Ft 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? Yes Yes Yes 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. No 9. Minimum order? 10. List any Exclusions: If so, $ Yes 11. Contact Information: Name: KOr Authorized Signature: w Vs r Phone. -1 3 L) 13 e � 7 ` �" r Cell. Emai Ar T�R L h£S r:dJc'cl,ci, Firm Name: S _f. s; G CI 5 C Authorized Representative's Name: >�1(� L1 c t \\I\_ L\ O tl e Authorized Representative's Title:. J f C c\ F c> a 11,\ - k e4-- c Ni Address: C% 7 U Me cc e r V City: L' t e State: , f� Telephone No.: /00- .?5 y Federal I.D. #: 5 [ 1 7 5 Type Organization: Zip: 5 1 Lin Fax No. J) �0 ( S 3Emarl:� li�e.5 ��, �1� S c-)c I ale' AC Sr i1 r) S t t r\ [ ] Individual [ J Small Business [ ] Partnership Corporation [ J Non -Profit [ ] Jo nt Venture [ JLLC Business,is ensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: [ ] Yes No License Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ) Other G'N t Is your business certified as a minority business ti ith any government agency? [ J Yes )(No, If yes, please list below: Agency Name Certification Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Policy pnd Ci of Tampa Ell icsCode contained in Section 4 of the GENERAL CONDITIONS. Date: I I ),2o a 25 N1BD 10 revieffective 02/2016 -kayo o Failure to Complete Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Ikon -Responsive Page 1 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of All Solicited Sub•(Contractors/Consultants/Suppliers) (FORM MBD-1O) Contract No 21-P-00417 Contract Name: Site Furnishings. Playgrou d Eguipment and Surfacing, installation, Repairs and Replacement Bid #3101421 Company Name:KrrlsVont tcltye L.Address: CI 1`\erler Ka e PA ItCO� Federal ID.P5I ri , -b D Phone PI s /- 01 Fax: gy. I.)S3 Email: ("NVe tev r;ty�its. r,S cr.eN Check applicable boxes) Detai ed Instruct ons For completing this form are on page 2 of 4. ( ] No Firms were contacted or solicited for this contract. )(No Firms were contacted because: Ui' ,ire -khe Sole r ,Ick Lt.;a� ( ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD.90 must list ALL subcontractors solicited including Non•minorttylsrnail businesses NIGP Code Categaves. Buildings = 909. Gaierat = t2. Hea ry = 913 Tfades = 914, .4thssects = 906 Engreers & Scrreyors = 926. Suscher = 912-77 S = SLBE W=WMBE 0 = Neither Federal ID Company Name )cdress ?hang, Fax. Email Type cf O:mer>nrp (F=Femae h1=sale) BF Bit' = Macon Am HF rlr1 = Hispanic AFA','=Asian Am IF NM = Na!ire Are, CF ! t = Ca.cas'an Trace or Services N'GP Code (listed above) Contact Method L=Letter F=Fa) E=Email F=Phone duote or Response Received YiN It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunitie on this contract. 1 A 1,. Signed: ti ititit.it`� NameiTitle: {#r�ctehtVI\��w)one �i,�.c Dae `1 l3) ?i Fa turf to Commlete 5ictn and krbrnit oti:: rsrrms_ i0 & 200 St `,__ rsnder the Bid rr Froposat Not, _, i_ ',,.a Earths .dust be Iitcluiied w t,. Bid i Prn osal - - ?fi ki:a.r ?l'Irxr Failure to Complete Si n and Submit Bo rr*rms 10 & 20 SHALL n ",e Bid or Pr posal Non`f esponsjye Page 3 of 4 - DMI Solicited/Utilized Schedules City of Tampa - Schedule of Ai Utilized Sub•(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name Site Furnishings. Playground Equipment and Surfacing. Installation, Repairs and Replacement Bid #3101421 Company Name: Ke s-Vcne �1 e> �e s1�sr- : c.Address: 4., 70 11'I ercc f - o- ler, R4 )hoc ti Federal ID: BSI 1 I '2 Plfone:'7,z11-,720 ii3Fax:7111-a81i-r253 Email: Iles kr { (�` y5crxr :d ypscs;(,ns corm Check applicable bOx(eS) Detailed Instructions for completing this form are on page 4 of 4. [ j See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minority/small businesses No Subcontracting/consulting (of any kind) will be performed on this contract No Firms are listed to be utilized because: we 're the soli fAt....\,.,S-fore r r`A use S,lxc. ,h am NiGP Code General Categahes. Bu+ld:ngs = 909 General = 912 heavy = 913 Trades = 314. Ar hi!ects = 905 Engineers & Surveyors = 925. SuppI er = 912,77 4 — Ente' S Ior arms Certified as Smab Local Busmess Enterprises Ar Ios firms Certified as A'omeniMinonh Business Ente. nse 0id. Other Non•CertLed S = SLBE W=WMBE 0 Neither Feceral ID Company Flame Address Phone "ax, Err; Type of OrmerShip Trade (F=Female IA -Male} Services, BF t31A = African Am. or Materials HF H\I = Hispanic Am. AF AM= Asian Air. NI GP Code tiF r:.' = Native Am. Listed Cr CM = Caucasan above $ :A"aount of Quote Letter of Intent {Loll if available Percent of SCcre or Cents:t Total ALL Subcontract 1 Suppli r tilization $ try Total SLBE Utilization $ NIA In It is hereby Signea Total WMBE Utilization $ _ Percent SLBE Utilization of Total Bid/Proposal Amt. ti — % Percent WMBE Utilization of Total Bid/Proposal Amt. ;v .+ ertdiie that t� foll ng 'nfo mation is a true and accurate account of utilization for sub -contracting opportunities on this Contract. '(J� / Name/Title:A get �F� ' i\ [t�\c� ,n \\ j r. aIt v Date: J 1 �13' �o .t tr P zilure to Complete. Sign mod Submit 3_ttt F 0r:1s 10 & 20 Zo-IAi L render, the BidlurPro Fowl ,`,or_Responsse MBD 20 rev./effective 02/2016 Forme mustbe tncludeo w;tl-i Bid 1 fi:2 l City of Tampa — DMI Sub-(Contractors/Consultants/Suppliers) Payments { ] Parta: �Qri ai Contract No.: 21-C-00417 WO#,(if any) Contract Name Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid 43101421 Contractor Name: Kel i `n e Rage 10_,e_s , s n , Address 6 70 Mule- 12 ({ PA Federal ID,2S t 1 3 i~aX� Pho'ie ��N �sl-ra, 3Fax 7,)y � �r-I�s3Email1�rSI 1 ,t�� GC Pay Period Payment Request.lnvoice Number _City Department: Total Amount Requested for pay period: Total Contract Amount(including change orders): Type of Ownership - (F=Female M=Male), BF BM = African Am . HF HM = Hispanic Am., AF AM = Asian Am., NF NM 4iNative Am., CF CM = Caucasian S = SLBE T •e Trade/Work Activi []Sul Su.. Federal ID Company Name Address Phone & Fax Total Sub Contract Or PO Amount Amount Paid To Date Amount To Be Paid For This Period s Amount Pending Previously Reported Sub Pay Period Ending Date Certification: I hereby certify that the above information is a true and accurate account of payments to sub — contractors/consultants on this contract. Signed ■ �( Ul (1 Name .Title 1nr ��4 M I�' �N1� 1�, r i \i0\ Ar ted `>1 t 31.E i.)..)1 (Modifying This For r Failure to Complete and Sign May Resutin Non -Compliance) DMI form 30 (rev. 03/12/10) Pg — of [ ] See attached for additional information ATTACHMENT 8 B ATTACHMENT B - PRODUCTS LIST 2 PRODUCTS TYPE MANF. NAME 3c Bens _..Trash Receptacl s)./7 6 Bollard >/✓ 7( Picnic Tables 8 .*-B'izei epair Station 9 Play Equipment 10 -Play Structure 11 -Free Standing 12 Safety Surfacing 13 -PIP 14 -Eng. Wood Fiber 15 -Play Turf 16 Dog Waste Station 17 Pavers 18 - brick 19 - concrete 20 Fiexi Pave 21 Shade Structure 22 -fabric sails 23 -hard roof 24 Turf Support Mtls. 25 Perma Trak 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4 5 PLAYGROUND & FITNESS EQUIPMENT 650.12, 650.18 650.38, 650.54 650.60, 650.72 650.60 650.72 Landscape Structures Gametime Kompan Berliner Seilfabrik PLAY SURFACING - MANUFACTURER 650.5 SITE FURN: GT Impax PIP Vitriturf PIP LS Pebble Flex Surface America PIP Fibar KorKat Forever Lawn Innovative Sports Surfacing MANUFACTURER Comm Codes 650.06 650.1 `650.24 650.36 650.38 120.27 Du Mor Victor Stanley Anova Furnishings Inc. Landscape Forms Keystone Ridge Designs Inc. Kay Park Belson Outdoors Wabash Valley The Park Catalog Wausau Tile Namco DoggyDo Station iron Age Designs Ironsmith, Inc. Dura Art Stone Creative Systems Landscape Brands Park Warehouse mmcite7 LLC Forms + Surfaces SHADE STRUCTURES & GAZEBO MANUFACTURERS S Uf0 .l SCc Lv T We GEC htiC)6 Qe\RCIe/> F--�f�C e bcsz � 6k eci- 4�n VL `6ic.#�.: C A sc- t; ..JCly t-k5 crr•A 4S BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly author'zed by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any C ty officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, AffIant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 mt lion or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Sect on and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable profess.onal regulations. FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL ACTING IN HI5/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of D physical presence or ❑ online notarization this day of 20 , by who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Printed or typed name of Affiant FOR AN ENTITY State of `Cl- County of C--u l(.`C-t The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of 0 physical presence or 0 online notarization this Z'w day of Pr'-' 20 Z i . by r^ f) 5 Cer -� as Q ram" '' , of w � R`��O" ``��� -a ❑ Partnership, 0 Joint Venture, Corporation, 0 Limited Liability Company (LLC) or 0 Other , on behalf of such entity. Such individual is personally known to me or has produced identification. Type cif identification produced: natire of Notary Public ( Signature of Affiant Notary Public State of: ► 1 t t My Commissi / Expires: 43 �NoiltrY HeMn PuW tic State of Florida Helen W Richy . c_ , 1r My Commission GG 253472 �F Expires 09r25)2022 Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public 2l BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, ANANn INSTA" LATION, REPAIRS AND REPLACEMENT THE FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING "YES" YES Did you sign your bid? * ►< Did you sign and complete MBD Forms 10 and 20? * Did you fully complete the price proposal /bid response page? * Did you complete the Bidder's Affidavit and associated notarized form? * X If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * to . ` 4' Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * ,X Did you include copies of certificates and or licenses as indicated per Technical Specification? * b. Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * •, A Did you include Manufacture Specifications as per Technical Specification? * x Did you List pricing based on thickness and color options per Section 11 of the Technical Specifications?'` , N/A Is your company name clearly be indicated on the attached price sheet? 4 * Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI - Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes' or "No", are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): [ _] Yes [. ] No Firm Name: 4:;t oc' c , _ Authorized signature: �`,: � " Date: 72 ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or dose personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. **Immediate family means spouse, parents and chldren of the person involved. "Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the emp,i._.yees involved. Perscr.s involved in a close personal relationship shall be referred to as a "close personal relation." ''*Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ter (10) percent or more in a f:-m, partnersn'p, or ctl-.er business entity or such other interest or pos;tion in a business entity s.._fficient to allow hini{her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO ✓� NAME(S) / POSITION(S) FIRM NAME: BY (PRINTED NAME): BY (SIGNATURE): TITLE: DATE. 4 Z1 2i BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. L/ ctor� poi ihGEu dG E�-S �-`, Pt' Cc,I� { �r?G �� d rl +~= S 11'T . I. Site Furnishings and Playground Equipment Catalog Name Date Discount a. Catalog .KU. y (7o,r1€.. 07, l (a o .. b Catalog , fYji Coc.-k t' oz.( !D C. Catalog . :-t-G �Ga? 1 .07 1 1-1 ° d. Catalog N0.'t-�ona ` (.ec.re: 0, --;-c,,n ' - D 2 1 10 ° e. Catalog f. Catalog —14ier PI u. bra `c 14- If additional space is needed, attach additional pages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the tota cost after discount has been taken, but before freight has been added). The firm, fixed percent qe is t J A 3. Is your written factory cert f cation for the installation of playground equipment attached? t'--) Yes No 4. If you are using a subcontractor for the installation of playground equipment list the Certified Installer's Company Name/s: j`J A Name: 5. Does your company provide repair service? Yes C_N_Q— $ /houi b. Engineered Wood Fiber Mulch (to include ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? fk1 A, Yes $ per No Cu. Ft Sq. Ft $ ._ ._ per 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price tab'e attached Is manufacturer's specification data sheet attached? Have samples been submitted? /A Yes No Yes No Yes No 8. Have you submitted catalog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to Yes ; No submit may disqualify your bid. Ao 0/1 our ,...}c.losskc - urww,Pcrk{'( y0f.";A.co^i 9. Minimum order? Yes)No Ifs, $ jOOO Pc' 10. List any Exclusions: kf ii ,.>, (-)r IL. — -5e cc d \./ i e c; c ti r- 11. Contact Information: Name 'G.r\ ;-5.- c..7 cAe- 4 <- Phone: 4•3 : 3 - 9 `4 -:' - z? Cell. Email 64_.�r. ()ark (,,Act, U�c, .LOM Firm Name: uso1/4ri-Z 7t,:ioG.'c.4, . Authorized Representative's Name: ‘1:Dc:, "\ W 0 r . Authorized Representative's Title: P ''01 Address: (1 U 7, °X it 7 7-3 City: N 4� G Telephone No.: `3-17J ' l - g g Fax No.: N.10 n L Email: f` 1 A' I ( 3 r vs �; , cr •� Federal I.D. #: - O f State: Zip: 7LI O Type Organization: [ ] Individual [ ] Small Business [ ] Non Profit [ ] LLC [ ] Partnership KCorporation [ ] Joint Venture Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: (wJ Yes [ ] No License # Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business with any government agency? [ ] Yes v4 No. If yes, please list below: Agency Name Certifcation Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder complies with a!I of the requirements of the bid including but not limited to Communication Policy and City of Tampa Ethics C d contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: ! (?' / 2 25 rzflltxr Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Soiicite=.: Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name. � � Fz � - �' � � � . Address: Po 2 -oX Hz 7S3, 3Ltios Federal ID' -. o f 0 L. v S Phoneme' qq`i .22gFax' n e Email: 6,160, a �, Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4 M No Firms were contacted or solicited for this contract. [ ] No Firms were contacted because: [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non•minoritvlsmall businesses NIGP Code:;:alegorjes BuMing s = 909 Genera = 91, Heavy 913 T ades = 914, Archilects - 935, Engineers & Surveyors - 925 Supp•ier=912.77 S - SLBE W-WMBE 0 Neil-er Company Name p 7 Address Phone. Fax. E na i Type of Ownership ;F Feriae td=htatei BF ©f1 African Am HF NM = Hispanic AF AM = As an Am NF Nh1= Native Am. CF CM = Caucasian Tiade or Serv°ces Code (listed above) Contact Method L=Letter F Fax E-Email P=Phone Quote or Response Received Received Y!N Federa ID It is hereby cert fled that the information provided is an accurate and true account of contacts and solicitations for sub --contracting opportunities on this contract. Signed: �' / ?== �= NamelTitie: n �w w L t Prt `> Date: 5-/-? Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid/Proposal MBD 10 rev !effective 0212016 26 allure to Complete Sign and Submit 8o,h Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: �w�t z �4 0�� a�-c� . ,c , Address: Po oox 1 fz7S3, tee, f . 3 L( Federal ID:cF.-41 cct Ko s Phone: 'r3 .9ri9 .27 Fax: None_ Email: Al 44-kr(a y� Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form M8D•20 must list ALL subcontractors To-Be•Utilized including Non•minoritvlsmall businesses fc].No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers 8 Surveyors = 925, Supplier = 912.77 Enter 'S' for rirrns Certified as Small Local Business Enterprises, V" for firms Certified as Women?Minority Business Enterpnse,'O for ether Non•Cerofied S = SLBE W=WMBE 0 =Neither Company Name Address Phone, Fax, Email Type of Ownership (F=Female h1-Wale) BF BM - African Am HF HM = Hispanic Am. AF AM = Asian Am NF NM = Native Am CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote Letter of intent (LOr) if available Percent of Scope or Contract °h Federal ID Total ALL Subcontract / Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total Bid/Proposal Amt. t is hereby certified that t rmation is a true and accurate account of utilization for sub -contracting opportunities on this Contract.. S gned7i- IlowName/Title: Y' - Date: / 3 /� r Failure to Complete. Skin and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid I Proposal M Bfl 20 rev !effective 02/2016 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared Sarah Maaorr AFFIANT'S NAME (PERSON'S NAME) Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his/her own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, induding but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned 's representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed inval'.d. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either :ndividually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certifcation may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 20 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His/Her Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL. ACTING IN HIS/HER OWN RIGHT State of County of The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of 0 physical presence or 0 online notarization this day of 20 , by . who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Commissioned name of notary public Printed or typed name of Affiant FOR AN ENTITY State of Te,(Ve.53 County of ..5 h0 1101 The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of ❑ online notarization this , S d of A 1 f 2Q by 1-1n i 4 . as �1 41.i n e r , of ill 05I ear'cLb1)e410 a 0 Partnership, 0 Joint Venture, Corporation, ❑ Limited Liability Company (LLC) or 0 Other , on behalf of such entity, personally known to me or has produced identification. Type of identification produced: Si Notary Publics -- Signature of Affiant nature of Notary Public � r State of: -TIN/ My Commission Expires: (-t 4 2O2 Printed, typed or stamped Commissioned name of notary public +in,`t G L. - bea wl►CDrnm, Expires Jwie 4, 2022 Printed or typed name of Affiant physical presence or Such individual is 4. rh_ 21 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETURNED BID #: 31041421 BID TITLE: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT YME oWIN , RMS?1MUST BE iNQu©ED) NIBID PACKAGE PLEASE ACI IOW EiDGEE B /RN$WERING'"YES" Did you sign your bid? * YES Did you sign and complete MBD Forms 10 and 20? * Did you fully complete the price proposal /bid response page? * Did you complete the Bidder's Affidavit and associated notarized form? * If an addendum has been issued that changed the Bid Response Page(s), did you provide pricing on the pages marked "Addendum" * Did you include catalogs, price sheets and or CD's as indicated per Technical Specification? * Did you include copies of certificates and or licenses as indicated per Technical Specification? Did you include pricing for Engineered Fiber Wood Mulch per Technical Specification? * Did you include Manufacture Specifications as per Technical Specification? * )4. 4r4 `r Did you List pricing based on thickness and color options per Section 11 of the Technical S ecifications?* Is your company name dearly be indicated on the attacried prices et. * Failure to submit these forms shall result in your bid being deemed as "non -responsive". Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Artide VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes" or "No',' are or informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protests (Yes [] No Firm Name: 065+ pr, W0{, Fc ' n siA.5 G Authorized signature: Date: ` /1,5/0-c. ) ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***, etc., of their business. *Immediate fanrilymeans spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a dose personal relationship shall be referred to as a "close personal relation." ***Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him/her or her to control its operations. Indicate either "yes" (a City employee, elected or appointed official is also associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO X Cto C:o n+ ILc-t of jr -vC(c5-t' NAME(S) / POSITION(S) FIRM NAME: i n 05 T D P.pen dQ lat e'_ Foun 1-a, n .5 T iL.7 BY (PRINTED NAME): SCtrct 1 i ` ►CITTriry BY (SIGNATURE):__42t_____--- TITLE: Sc.t LJ j r P, ( klr DATE: y / tS / ? 1 3 BID RESPONSE FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT Please Print or Type We the undersigned, as Bidders, hereby dedare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. I. Site Furnishings and Playground Equipment a. Catalog b. Catalog Catalog Name tricr5t D nd cubla Date ZQ2 Discount 3`7d C. Catalog d. Catalog e, Catalog f. Catalog If additional space is needed, attach additional pages using headings as indicated above 2. Installation of Site Furnishings, Playground Equipment, Shelters, Shade Structures, Gazebos, and Trellises, Etc. To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken, but before freight has been added). 3. Is your written factory certification for the installation of playground equipment attached? The firm, fixed percentage is m-'-u—qo TO syp 1i pa-AL/tit- c, n ! y Yes No 4. If you are using a subcontractor for the installation of playground equipment list the Certified Installer's Company Name/s: Name: 5. Does your company provide repair service? Yes No /hour 6. Engineered Wood Fiber Mulch (to indude ground preparation and Geotextile separator installation) Is manufacturer's specification data sheet attached? Yes No per Cu. Ft per Sq. Ft 24 7. Surfacing Products (Poured -In -Place Rubber, Artificial Turf, FlexiPave, Concrete and Brick Pavers) Is price table attached Is manufacturer's specification data sheet attached? Have samples been submitted? Yes Yes Yes All Pt No No No 8. Have you submitted cataiog(s), CD(s) or printed price sheet(s) to be considered as part of this bid? Failure to submit may disqualify your bid. No 9. Minimum order? 10. List any Exclusions: If so, $ Yes 11. Contact Information: Name: 5 Oka* 1 ' ryIG{.ITOrl Phone: G{ g<0 0039 Cell: qU1 (jS 1(� Email 1►r %je', GGn Firm Name: Deecnrk FCh,n+ctit► tll. Authorized Representative's Name: -5041: k m furry Authorized Representative's Title: SC\,' iI' r f -}c llr Address: 57°6 corn A1c-triaGy. ri/' City: !" L n cj i-c n State: TN Zip: 3 k oo z Telephone No.: ()OH $67- 0039 Fax No.: qc4 7 q'otnail: 5c4rah P►'t[.AG(c cri(J4 lcf . C,c;07 Federal i.D. #: GZ_ 13(0O3 -i Type Organization: [ ] Individual [ ] Small Business [ ] Non -Profit M [ ]LLC [ ] Partnership y' Corporation [ ] Joint Venture Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State or Florida: [ ] Yes pokNo License # Minority Business Status: [ ] Black [ ] Hispanic [ ] woman [ ] Other Is your business certified as a minority business with any government agency? [ ] Yes 4 No. If yes, please list below: Agency Name Certification Number Expiration Date Sub -Contracting Submittals required: Forms MBD-10, MBD-20 must be submitted with the bid/proposal. By signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Policy and City of Tampa Ethics Code contained in Section 4 of the GENERAL CONDITIONS. Authorized Signature: Date: 4 / 15 /t l 25 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 1 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: IYk,i4- yktic.k] -� un-} i;n; Address: f ?ex) rornm-Arr Aria ny j-cn T/' 3YC0 Federal ID: 62- 13f,©92 Phone:gc4-1& -oo39 Fax: er1- r-/rc'` Email: ,,c,krahtpy>lcsf Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. [x] No Firms were contacted or solicited for this contract. [fit] No Firms were contacted because: we Sercc+ — Predvc4 onn sict Ictfr-c-r7 [ ] See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note: Form MBD-10 must list ALL subcontractors solicited including Non-minority/small businesses NIGP Code Categories: Buildings = 909 General = 912 Heavy = 913. Trades = 914, Architects = 906, Engineers & Surveyors = 925 S applier = 912-77 S = SLBE W=WMBE 0 = Neither Federal ID Company Name Address Phone, Fax, Email Type of Ownership {F=Female M=Male) BF BM = African Am. HF HM = Hispanic AF AM = Asian Am. NF NM = Native Arn. CF CM = Caucasian Trade or Sery ces NIGP Code (listed above} Contact Method L=Letter F=Fax E=Email P=Phone Quote or Response Received YIN It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub -contracting opportunities on this contract. Failure to to Complete, MBD 10 rev...effective 02/2016 —Name/Title: 5crah Mc Or /►� �� cY Date: 4 /157 62 Wand Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Forms must be included with Bid / Proposal 26 MBD 20 rev.•effective 02/2016 Failure to Complete, Sign and Submit Both Forms 10 & 20 SHALL render the Bid or Proposal Non -Responsive Page 3 of 4 — DMI Solicited/Utilized Schedules City of Tampa — Schedule of All To -Be -Utilized Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.:21-P-00417 Contract Name: Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement Bid #3101421 Company Name: (nr.--,} Op°n4 e Fwn- Gins Address:5?v5 Gcmtvianate,/ pc. Art iny%r+i Tit/3pGZ Federal ID:(v2.- I3 (AZI Phone: I01-%7qs^.t 66,7-t1czEmail: 5crctir, r4s f Depend,Lie.e, Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [ ] See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note: Form MBD-20 must list ALL subcontractors To -Be -Utilized including Non-minority/small businesses VI No Subcontracting/consulting (of any kind) will be performed on this contract. [ ] No Firms are listed to be utilized because: NIGP Code General Categones. Buildings = 909 General = 912. Heavy = 913. Trades = 914. Architects = 906 Engineers & Surveyors = 925. Supplier = 912-77 S =SLBE W=WMBE 0=Ne,ther Enler'S' for firms Certified as Small Local Business Enterprises,'W" for firms Certified as WomenlM Horny Business Enterprise, '0' for Other Non -Certified Federal ID Company Name Address Phone, Fax, Email Type of Ownersh p (F-Female M=Male) BF BM - Atncan Arn HF KM = Hispanic Am. AF AM = Asian Am. NF NM = Native Am. CF CM = Caucasian Trade, Services, or Materials NIGP Code Listed above $ Amount of Quote. Letter of Intent (L01) if available Percent of Scope or Contract Total ALL Subcontract I Supplier Utilization $ Total SLBE Utilization $ Total WMBE Utilization $ Percent SLBE Utilization of Total Bid/Proposal Amt. % Percent WMBE Utilization of Total BidlProposal Amt. % It is hereby certified that the following information is a true and accurate account of utilization for sub -contracting opportunities on this Contract. Signed: ^` NamerTitle:5c k MCGrcr /64,_ , iVectcoate: qI t5/erAi Failure to Comp! ign and Submit Both Forms 10 & 20 SHALL render the Bid or Pronosal Non -Responsive Forms must be included with Bid! Proposal 28 City of Tampa — DMI Sub-(Contractors/Consultants/Suppliers) Payments [ ] Partiai [ ] Final Contract No.: 21-C-00417 WO#.(if any) Contract Name: Site Furnishings, Playground Equipment and Surfacing. Installation, Repairs and Replacement Bid #3101421 Contractor Name: ilcYj-- Derznc ckbic ec4d,nl-4 Address cr:..., .1.. .- , Federal ID 62.- 136:)C92-t Phone 416I-S&i--ce.3ax clot- gb7-- mail sa rr c Ln GC Pay Period Payment Requestllnvoice Number: City Department: _ Total Amount Requested for pay period: Total Contract Amount(including change orders): Type of Ownership - (F=Female M=Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = As an Am., NF NM It Native Am., CF CM = Caucasian S = SLBE Company Name' Address Phone & Fax a.r 1.10 sub cCni-racir rr :r- Total Sub Contract Or PO Amount Amount Paid To Date Amount To Be Paid For This Period Amount Pending Previously Reported Sub :Pay Period Ending Date Certification: I hereby certify that the above information is a true and accurate account of payments to suo contractors/consultants on this contract. Signed (Modifying Name/Title cZcy h 1'V1Cfrrcrl Jsc ks D, cc:ic'r Date: (10 W /1 /tot / is Form or Failure to Complete and Sign May Result in Non -Compliance) DMI form 30 (rev. 03/12/10) Pg _ of _ [ ] See attached for additional information. 30 ATTACHMENT B A B C 1 ATTACHMENT B - PRODUCTS LIST 2 PRODUCTS TYPE MANF. NAME 3 Benches PLAYGROUND & FITNESS EQUIPMENT 4 Trash Receptacles 650.12, 650.18 Landscape Structures 5 Bike Racks 650.38, 650.54 Gametime 6 Bollards 650.60, 650.72 Kompan 7 Picnic Tables 650.60, 650.72 Berliner Seilfabrik 8 Bike Repair Station 9 Play Equipment 10 -Play Structure PLAY SURFACING - MANUFACTURER D 11 -Free Standing GT lmpax PIP 12 Safety Surfacing 650.5 Vitriturf PIP 13 -PIP LS Pebble Flex 14 -Eng. Wood Fiber Surface America PIP 15 -Play Turf Fibar 16 Dog Waste Station KorKat 17 Pavers Forever Lawn 18 - brick 19 - concrete Innovative Sports Surfacing 20 Flexi Pave 21 Shade Structure _ 22 -fabric sails SITE FURN: 23 -hard roof 24 Turf Support Mtls. MANUFACTURER 25 Perma Trak Du Mor 26 Comm Codes Victor Stanley Anova Furnishings, Inc. 27 650.06 28 650.1 Landscape Forms Keystone Ridge Designs, Inc. 29 650.24 30 650.36 Kay Park 31 650.38 Belson Outdoors 32 Wabash Valley 33 The Park Catalog 34 120.27 Wausau Tile 35 Namco DoggyDo Station 36 iron Age Designs 37 Ironsmith, inc. 38 Dura Art Stone 39 Creative Systems -Landscape Brands 40 Park Warehouse 41 mmcite7 LLC 42 Forms + Surfaces 43 44 SHADE STRUCTURES & GAZEBO 45 MANUFACTURERS ATTACHMENT B 46 47 48 49 50 51 52 53 DETAILS 54 55 Metal edging 56 Turf support 57 Alt. tree grate / paving 58 Boardwalk system 59 Decking 60 Turf support 61 Block walls 62 Block walls 63 Brick Pavers 64 65 66 67 68 69 1 70 ATTACHMENT B 46 47 48 49 50 51 52 Poligon Shade Systems Appollo Sunguard USA Shade Classic Recreation Systems Tensile Shade Products 53 MISCELLANEOUS PRODUCTS / MATERIALS 54 55 MANUFACTURERS PermaLoc 56 Grass Pave 57 — FlexiPave 58 PermaTrak 59 Trex Company, Inc. 60 61 62 63 Pine Hall Brick Geo Block Oldcastle Keystone 64 65 66 67 68 69 70 ATTACHMENT B 2 DETAILS 3 4 Play structures & Free Stdg. Pieces 5 Play structures & Free Stdg. Pieces 6 E Play structures & Free Stdg. Pieces 7 Play structures & Free Stdg. Pieces 8 9 10 ETAILS 11 12 Rubber & Engineered wood fiber Rubber Poured In Place (PIP) DISCOUNT % 13 Rubber PIP 14 Rubber PIP 15 Eng. Wood Fiber / Rubber PIP 16 Rubber PIP, Eng. Wood Fiber, Bonded Rubber, Rubber Mulch, Artificial 17 Artificial Playground Turf 18 19 Rubber PIP, Artificial Turf, Court Surface Repair 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 DETAILS EXHIBIT 1- CITY OF TAMPA INSURANCE REQUIREMENTS Prior to commencing any work or services or taking occupancy under that certain written agreement or award (for purposes of this document, Agreement) between the City of Tampa, Florida (City) and Firm/Awardee/Successful Proposer/Contractor/Consultant/Lessee/non-City party, etc. (for purposes of this document, Firm) to which this document is attached and incorporated as an Exhibit or otherwise, and continuing during the term of said Agreement (or longer if the Agreement and/or this document so requires), Firm shall provide, pay for, and maintain insurance against daims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub -consultants, as applicable) of any tier subject to the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may terminate the Agreement. All provisions intended to survive or to be performed subsequent to the expiration or termination of the Agreement shall survive, induding without limitation Firm's obligation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response to a potential claim, litigation, etc. The following coverages are required: ("M" indicates million(s), for example $1M is $1,000,000) A. Commercial General Liability (CGL) Insurance on the most current Insurance Services Office (ISO) Form CG 00 01 or its equivalent on an "occurrence" basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided to cover liability contemplated by the Agreement including without limitation premises and operations, independent contractors, contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees -as -insureds. Products and completed operations liability coverage maintained for at least 3 years after completion of work. Limits shall not be less than $1M per occurrence and $2M general aggregate for Agreements valued at $2M or less; if valued over $2M, a general aggregate limit that equals or exceeds the Agreement's value. If a general aggregate limit applies, it shall apply separately to the project/location (ISO CG 25 03 or 25 04 or equivalent). B. Automobile Liability (AL) Insurance in accordance with Florida law, as to the ownership, maintenance, and use of all owned, non -owned, leased, or hired vehicles. AL insurance shall not be less than: (a) $500,000 combined single limit each occurrence bodily injury and property damage for Agreements valued at $100,000 or Tess or (b) $1M combined single limit each occurrence bodily injury and property damage for Agreements valued over $100,000. If transportation of hazardous material involved, the MCS-90 endorsement (or equivalent). C. Worker's Compensation (WC) & Employer's Liability Insurance for all employees engaged under the Agreement, Worker's Compensation as required by Florida law. Employer's Liability with minimum limits of (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee for Agreements valued at $100,000 and under or (b) $1M bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each for all other Agreements. D. Excess (Umbrella) Liability Instance for Agreements valued at $2M or more, at least $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL, AL, or WC. Firm affirmatively states that the insurance requirements as set forth above are of adequate types and amounts of insurance coverage for any type of claim/loss for the proposed work or services. ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers admitted in the State of Ronda and who have a current A.M. Best rating of no less than A-:VII or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. ADDITIONAL INSURED - City, its elected offidals, departments, officers, officials, and employees shall be covered as additional insureds on all liability coverage (e.g. CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the 32 form of an endorsement to Firm's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 10 20, CG 20 26, CG 20 33, or CG 20 38 nod CG 20 37 if later revisions used). CANCELLATION/NON-RENEWAL — Each insurance policy shall provide that at least 30 days written notice must be given to City of any cancellation, intent to non -renew, or material reduction in coverage (except aggregate liability limits) and at least 10 days' notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm's receipt from its insurer of any notices of same. If any policy's aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City's notice (or Award contact) address as stated in the Agreement with a copy to the following: Z Purchasing Department, 306 E Jackson Street, Tampa, FL 33602 ® Other: City of Tampa Insurance Compliance clo Ebix BPO, PO Box 100085- ZS. Duluth. GA 30096 CERTIFICATE OF INSURANCE (COI) AND ENDORSEMENTS — to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended), a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors' acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa, Florida. CLAIMS MADE — If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder. DEDUCTIBLES/ SELF -INSURED RETENTIONS (SIR) — must be disdosed to City and, if over $500,000, approved by the City in advance and in writing, including at City's option being guaranteed, reduced, or eliminated (additionally if a SIR provides a finandal guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE — All insurance polides shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exdusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County. PRIMARY POLICIES - Firm's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as to the City, its elected officials, departments, officers, and employees.. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the Firm's insurance and shall not contribute with it. UNAVAILABILITY — To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right, title and interest (but not any liabilities or obligations) under any applicable polides of insurance. WAIVER OF SUBROGATION — With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. REVISED 3/13/2020 33 ATTACHMENT B A B I C 1 ATTACHMENT B - PRODUCTS LIST 2 PRODUCTS TYPE MANF. NAME 3 Benches PLAYGROUND & FITNESS EQUIPMENT 4 Trash Receptacles 650.12, 650.18 Landscape Structures 5 Bike Racks 650.38, 650.54 Gametime 6 Bollards 650.60, 650.72 Kompan 7 Picnic Tables 650.60, 650.72 Berliner Seilfabrik 8 Bike Repair Station 9 Play Equipment 10 -Play Structure PLAY SURFACING - MANUFACTURER D 11 -Free Standing GT Impax PIP 12 Safety Surfacing 650.5 Vitriturf PIP 13 -PIP LS Pebble Flex 14 -Eng. Wood Fiber Surface America PIP 15 -Play Turf Fibar 16 Dog Waste Station KorKat 17 Pavers Forever Lawn 18 - brick 19 - concrete Innovative Sports Surfacing 20 Flexi Pave 21 Shade Structure 22 -fabric sails SITE FURN: 23 -hard roof 24 Turf Support Mtls. MANUFACTURER 25 Perma Trak Du Mor 26 Comm Codes Victor Stanley 27 650.06 Anova Furnishings, Inc. 28 650.1 Landscape Forms 29 30 650.24 Keystone Ridge Designs, Inc. 650.36 Kay Park 31 650.38 Belson Outdoors 32 Wabash Valley 33 The Park Catalog 34 120.27 Wausau Tile 35 Namco DoggyDo Station 36 J. iron Age Designs 37 Ironsmith, Inc. 38 Dura Art Stone 39 Creative Systems -Landscape Brands 40 Park Warehouse 41 mmcite7 LLC 42 Forms + Surfaces 43 44 SHADE STRUCTURES & GAZEBO 45 'MANUFACTURERS j! ATTACHMENT B 46 47 Poligon Shade Systems 48 Appollo Sunguard 49 USA Shade 50 Classic Recreation Systems 51 Tensile Shade Products 52 3 MISCELLANEOUS PRODUCTS / MATERIALS [ 54 MANUFACTURERS 1 55 PermaLoc 56 Grass Pave 57 FlexiPave 58 PermaTrak 59 Trex Company, Inc. 60 _ Geo Block 61 Oldcastle 62 Keystone 63 Pine Hall Brick 64 I165 66 67 68 69 70 ATTACHMENT B D E 1 2 DETAILS DISCOUNT % _3 4 Play structures & Free Stdg. Pieces Play structures & Free Stdg. Pieces 6 7 Play structures & Free Stdg. Pieces Play structures & Free Stdg. Pieces 8 9 10 ETAILS 11 Rubber & Engineered wood fiber 12 Rubber Poured In Place (PIP) 13 14 Rubber PIP Rubber PIP 15 16 Eng. Wood Fiber / Rubber PIP Rubber PIP, Eng. Wood Fiber, Bonded Rubber, Rubber Mulch, Artificial 17 18 Artificial Playground Turf _ 19 Rubber PIP, Artificial Turf, Court Surface Repair 20 21 22 23 24 25 26 27 28 29 1 ' 30 31 32 33 t 35 36 I 37 38. 39 40 41 42 43 44 45 DETAILS ATTACHMENT B D E 46 47 48 49 50 51 52 53 IETAIL5 54 55 Metal edging 56 Turf support 57 Alt. tree grate / paving 58 Boardwalk system 59 Decking 60 Turf support 61 Block walls 62 Block walls 63 Brick Pavers 64 65 66 67 68 69 70 .' ‘ City of Tampa l Jane Castor, Mayor Purchasing Department Gregory K. Spearman, CPPO, NIGP-CPP, Director 306 E. Jackson Street, 2E Tampa, Florida 33602 Office (813) 274-8351 Fax: (813) 274-8355 MEMORANDUM DATE: November 5, 2021 TO: Gregory K. Spearman, CPPO, NIGP-CPP, Director of Purchasing FROM: Celeste C. Gibbons -Peoples, CPPB, Certified Sr. Procurement Analyst SUBJECT: Bid Award Recommendation Below is a listing of bid(s) submitted under BID#310414211, Parks Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement on the most responsive, responsible bid, and the vendor's compliance with the stated requirements in the General Conditions of the bid document. BIDDER BIDS RECEIVED ADVANCED RECREATIONAL CONCEPTS YES APOLLO SUNGUARD SYSEMS YES BLISS PRODUCTS AND SERVICES, INC. YES BSN SPORTS YES KEYSTONE RIDGE DESIGNS YES KOMPAN, INC. YES KORKAT (LANIER PLANS INC.) YES LAUBS DRAINAGE & FLEXI-PAVE YES MILLER RECREATION YES MOST DEPENDABLE FOUNTAINS YES PLAYMORE WEST YES REP SERVICES YES SOUTHERN RECREATION, INC. YES SWARTZ ASSOCIATES YES TOP LINE RECREATION, INC. YES It has been recommended that the above listed Bidders be awarded the bid for Parks Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement. The referenced bid is a catalog -based bid with discounts off pricing for various Parks and Recreation equipment, parts, repairs, and installation service needs that require many manufacturers and suppliers. I concur with the department's recommendation. tampagov.net City of Tampa Jane Castor, Mayor Parks and Recreation Department Planning and Design Division 3402 West Columbus Drive Tampa FL 33607 Office (813) 274-8615 Fax: (813) 274-7429 Date: July 9, 2021 To: Mr. Gregory K. Spearman, CPPO,NIGP-CPP From: Sherisha Hills, Interim Director, Parks and Recreation OW/ Subject: Bid Award Recommendation for: Parks Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement The Parks and Recreation Planning and Design Division has reviewed the bids for Park Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement, and recommends award to the following vendors as a catalog bid: 1. Advanced Recreational Concepts 2. Apollo Sunguard Systems 3. Bliss products and Services, Inc. 4. BSN Sports 5. Keystone Ridge Designs 6. Kompan, Inc. 7. Korkat (Lanier Plans Inc.) 8. Laubs Drainage & Flexi Pave 9. Miller Recreation 10. Most Dependable Fountains 11. Playmore West 12. Rep Services 13. Southern Recreation Inc. 14. Swartz Associates 15. Top Line Recreation Inc. The above vendors are recognized as responsible bidders, all meeting th conditions of the bid. Each has offered price reductions on the variety of catalog materials they each represent. tampa.gov The anticipated annual expenditure of this bid is: $1,500,000.00. The request is for an award for a three-year period, with the option of an additional renewal period of one additional year. Acquisition shall be limited to the availability of funds allocated to the maintenance teams in various departments. The funding source for this award is: Various Funds From Various Departments. Please contact Peg Bors at (813) 274-5177, or Karla Price at (813) 274-5134 if you require additional information. Thank you Cc: Peg Bors, Landscape Architect III, Planning and Design Division, Parks and Recreation Department Karla Price, Landscape Architect III, Panning and Design Division, Parks and Recreation Department Page 10/LA GACETA/Friday, April 2, 2021 CITY OF TAMPA PURCHASING DEPARTMENT INVITATION TO BID Pursuant to Chapter 69 111 g, Special Acts, Laws of Florida, sealed Bids will be received by the Director of Purchas- ing, City of Tampa, in his off.oe until: 1:00 P/21 UNMANNED AIRCRAFT SYSTEMS FOR HERNANDO COUNTY FIRE & EMERGENCY SERVICE (RE -BID) 1:00 VEHICLE TOWIN SE4/1ERRVICES FOR THE FLEET MANAGEMENT DIVISION (FIRE RESCUE) 1:30 PMVEHICLE TOWING SERVICES FOR THE FLEET MANAGEMENT DIVISION BITUMINOUS MATERIALS (PRIME AND TACK COATS) PLASMA TABLE RE 1 ( BtU) 2:00 PM ON 4/14/21 NrTRILE PERSONAL PROTECTIVE GLOVES (E S PROTECTIVE PARKS SITE FURNISHINGS PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACE DIAMOND BLADES then and thereafter to be publicly opened and read. Bid documents are available at the Purchasin Depart-ment (Phone No. 8131274-8351), It Is hereby made a part of this invita- tion to Bid that the submission of any Bid in respon to this advertised re- quest sharI constitute a Bid made un- der the same conditions for the same contract price and for the same effec- tive period as this Bid to all public enti- tles in Hillsborough County. Grego Dated: 4/2/21 Dire Nor oK f Purchhaasing PO City of Tampa, FL 306 E. Jackson Street Tampa, FL 33602 4f2/21 L0 17 { City of Tampa fJane Castor, Mayor Ayet, DATE: Purchasing Department Gregory K. Spearman, CPPO, NIGP-CPP, Director 306 E. Jackson Street, 2E Tampa, Florida 33602 Office (813) 274-8351 Fax: (813) 274-8355 NOTICE OF INTENT TO AWARD JULY 13, 2021 ITB/RFP Title: PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT ITB/RFP Number: 31041421 Please be advised that the City of Tampa, Director of Purchasing, with concurrence of the City of Tampa's (requesting/user department) staff has recommended awarding the above - referenced Bid/RFP to: ADVANCED RECREATIONAL CONCEPTS APOLLO SUNGUARD SYSTEMS BLISS PRODUCTS AND SERVICES. INC. BSN SPORTS KEYSTONE RIDGE DESIGNS KOMPAN, INC. KORKAT (LANIER PLANS, INC.) LAUBS DRAINAGE & FLEXI PAVE MILLER RECREATION MOST DEPENDABLE FOUNTAINS PLAYMORE WEST REP SERVICES SOUTHERN RECREATION, INC. SWARTZ ASSOCIATES TOP LINE RECREATION, INC This notice is not to be construed as the final award of the solicitation. Final award is subject to review, by the City of Tampa Purchasing Staff, for compliance with purchasing procedures, funding availability, insurance coverage, and legal sufficiency. A Bidder(s)/Proposer(s) aggrieved by this decision may file a protest not later than 4:30 P.M., five (5) business days from the first posting hereof, pursuant to City of Tampa Code Chapter 2, Article V, Division 3, Section 2-282, Procurement Protest Procedures. Protests not conforming therewith shall not be reviewed. Gregory K. Spearman, CPPO, Director of Purchasing tampagov.net SID PROPOSAL TABULATION/CITY OF TAMPA Note: This is a preliminary summary. Information contained in this summary is subject to review. THIS IS NOT AN AWARD OPENED: May 13, 2021 @ 3:30 PM BID #/TITLE: 31040621, Parks and Playground Equipment, Surfacing, Installation and Repairs READ BY: Celeste Gibbons -Peoples TABBED BY: Ac uanetta Grant q DATE ADVERTISED: DEPT: Parks & Recreation ITEM/ QUANTITY BIDDER»> DESCRIPTION Top Line Recreation Most Dependable Fountains, Inc. Laubs Drainage and Flexipade UNIT TOTAL UNIT TOTAL UNIT TOTAL Bid Received Bid Received Bid Received TOTAL AMOUNT OF BID: ITEM/ DESCRIPTION BIDDER»> BSN Sports Playmore West KOMPAN, Inc. QUANTITY UNIT TOTAL UNIT TOTAL UNIT TOTAL Bid Received Bid Received Bid Received TOTAL AMOUNT OF BID: ITEM/ QUANTITY BIDDER»> DESCRIPTION REP Services KorKat, Inc. Keystone Ridge Designs, Inc. UNIT TOTAL UNIT TOTAL UNIT TOTAL Bid Received Bid Received Bid Received TOTAL AMOUNT OF BID: ITEM/ BIDDER»> DESCRIPTION Miller Recreation Equipment Southern Recreation Apollo Sunguard QUANTITY UNIT TOTAL UNIT TOTAL UNIT TOTAL Bid Received Bid Received Bid Received TOTAL AMOUNT OF BID: ITEM/ DESCRIPTION BIDDER»> Swartz Associates Bliss Products Advanced Recreational Concepts, LLC. QUANTITY UNIT TOTAL UNIT TOTAL UNIT TOTAL Bid Received Bid Received Bid Received TOTAL AMOUNT OF BID: 1 City of(t:.a Jane Castor, Mayor Purchasing Department Gregory K. Spearman, CPPO, Director 306 E. Jackson Street, 2E Tampa, Florida 33602 Office (813) 274-8351 Fax: (813) 274-8355 ALL FIRMS ON BID LIST REF: City of Tampa BID, dated MARCH 31, 2021 Bid for Furnishing: 31041421 PARKS SITE FURNISHING, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT To Be Opened: APRIL 20, 2021 @ 3:30 PM SUBJECT: ADDENDUM NO. 2 APRIL 9, 2021 FOR INFORMATIONAL PURPOSES ONLY: QUESTION: We do not offer installation services with our site furnishings. Is that okay? ANSWER: In addendum #1, the answered provided has been revised. Please see addition to Technical Specification as indicated below for revised answer to the above question QUESTION: Can you confirm the Bid date and Time for project? ANSWER: Opening is April 20, 2021 at 3:30 PM QUESTION: Is there a cost estimate or budget? ANSWER: No, the budget is determined by need. QUESTION: Is there a start date for the project to begin? Is there an end date as well? ANSWER: The start date is when the recommended awardee(s) bid(s) are approved by City Council and that date is to be determined. The initial award period, per the bid documents, is 3 years with an option to renew for an additional one-year period. QUESTION: Are you able to provide the Square footage of the project? ANSWER: There is no specific project or square footage. This is a catalog bid to be used for future work. In Technical Specification, Section 9. Installation, Repairs and Replacement Services, please add; "9.15 Installation services are not required. Installation pricing is requested from any vendor that can also provide installation." tampagov.net If you have submitted a bid prior to the proposal deadline and need to have it returned to you, please submit this request in writing on company letterhead to the Purchasing Department. Acknowledgement of this Addendum is not required. Sincerely, Gregory K. Spearman, CPPO Director of Purchasing City of Tampa Jane Castor, Mayor ALL FIRMS ON BID LIST REF: City of Tampa BID, dated MARCH 31, 2021 Bid for Furnishing: Purchasing Department Gregory K. Spearman, CPPO, Director 306 E. Jackson Street, 2E Tampa, Florida 33602 Office (813) 274-8351 Fax: (813) 274-8355 31041421 PARKS SITE FURNISHING, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT To Be Opened: APRIL 14, 2021 @ 3:00 PM SUBJECT: ADDENDUM NO. 1 APRIL 7, 2021 Please note the bid opening date and time has been changed to April 20, 2021 © 3:30 PM FOR INFORMATIONAL PURPOSES ONLY: QUESTION: I not understanding clear pages 26 to 28. ANSWER: Pages 26 to 28 are the DMI forms that must be submitted with your bid for any Subcontracting that will be used if awarded this bid. If you are not utilizing sub -contractors these forma must still be filled out at the top, signed and included with your bid submittal. Not submitting these forms shall deem your submittal to be "non -responsive" and not considered for award. QUESTION: Do I need add MY company on the list? (TOP Line Recreation) we are MBE/MWBE ANSWER: You do not need to list your company you are the prime. You would only list Sub -Contractors QUESTION: Do I need add on that list all Subcontractors that we will used for Installation? ANSWER: Yes QUESTION: Do I need add our Suppliers? ANSWER: If your Suppliers are SLBE/MBE's yes QUESTION: We are the direct manufacturer of Keystone Ridge Designs site furnishings. We do not sell any of the other company's items or different product types within the scope of the bid. Is it okay to submit a proposal for site furnishings only? ANSWER: Yes QUESTION: We do not offer installation services with our site furnishings. Is that okay? ANSWER: Any furnishing or equipment that needs installation must be installed by the Awardee and or Subcontractor of the Awardee. tampagov.net QUESTION: Am I correct that if awarded, we cannot add freight on an invoice as a separate line item? We typically quote freight separately on every order based on total weight and shipping location. Do we need to pad average freight costs into our offered pricing? ANSWER: Per Section 8. Technical Specifications, Subsection 9.11, All freight charges must be included in the individual project quote. QUESTION: I also wanted to confirm if it is okay to only email the final bid proposal. I saw it mentioned that we can email it at the beginning of the document but then later it seemed to indicate we needed to mail the catalogs and proposal. ANSWER: For this bid, per Section 8. Technical Specifications, Subsection 9.10 "Catalogs and price sheets for all site furnishings, playground equipment, site -related products, and any surfacing or paving related products that you would like to be considered as part of this Bid must be submitted with the Bid." If you have submitted a bid prior to the proposal deadline and need to have it returned to you, please submit this request in writing on company letterhead to the Purchasing Department. Acknowledgement of this Addendum is not required. Sincerely, Gregory K. Spearman, CPPO Director of Purchasing ( ,, City of Tampa v, gto g - Jane Castor, Mayor Purchasing Department Gregory K. Spearman, CPPO, Director 306 E. Jackson Street, 2E Tampa, Florida 33602 INVITATION TO BID Office (813) 274-8351 Fax: (813) 274-8355 March 31, 2021 Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID NO. 31041421, PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT will be received by the Director of Purchasing, City of Tampa, until APRIL 14, 3:00 PM then to be opened and read. The Bid Opening shall be thereafter and open to the Public VIA GoToMeeting. Below are the instructions to participate in this online meeting: Please join my meeting from your computer, tablet or smartphone. httos://olobal.gotomeeting.com/join/225298773 You can also dial in using your phone. United States: +1 (669) 224-3412 Access Code: 225-298-773 In accordance with the Americans with Disabilities Act ("ADA") and Section 286.26, Florida Statutes, persons with disabilities needing a reasonable accommodation to participate in this public hearing or meeting should contact the City of Tampa's ADA Coordinator at least 48 hours prior to the proceeding. The ADA Coordinator may be contacted by phone at 813-274-3964, email at TampaADA@tampagov.net, or by submitting an ADA - Accommodations Request online form available at http://www.tamoaaov.net/ADAReciuest. Please note that the City of Tampa may not be able to accommodate any request received less than 48 hours before the scheduled hearing or meeting. Attached are important instructions and specifications regarding responses to this invitation. Failure to follow these instructions may result in your bid being disqualified. Questions regarding this bid should be referred to CELESTE GIBBONS -PEOPLES, CPPB, CERTIFIED PROCUREMENT ANALYST. Questions shall be submitted by email to celeste.gibbons-peoples@tampagov.net. Questions pertaining to the Bid document will be accepted up to five days prior to the scheduled opening date and time referenced above. Submission of bid responses by mail or express mail must be in a sealed envelope with the Bidder's name and return address indicated. Type or print the Bid Number and Bid Title on the carrier envelope. Address the bid envelope as follows: Purchasing Department Tampa Municipal Office Building, 2nd Floor 306 E. Jackson Street Tampa, Florida 33602 (This address is appropriate for mailing and express mail) The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department. Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and open to the Public. All bids received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No bid may be withdrawn or modified after the time fixed for the opening of bids. Submittals may be sent electronically via the Internet as an attachment to an email addressed to BidControl@Tampagov.net . The subject line of the email should include the Bid/RFP number and title. To ensure that an electronic submittal is received by the opening date and time listed above it is recommended that the Bidder/Proposer submit their 1 documents no less than 30 minutes prior to the deadline. VERIFICATION OF THE CITY'S RECEIPT OF A BID SUBMITTED ELECTRONICALLY IS THE BIDDER/PROPOSER'S RESPONSIBILITY. To verify receipt of submittals sent electronically, Bidders/Proposers may contact the Purchasing Department at 813-274-8351. Any submittal received after the deadline will not be considered. STATEMENT OF NO BID WE WANT YOUR FEEDBACK BECAUSE IT MATTERS TO US The Purchasing Department's mission is to provide the best specifications in our Bid and Request for Proposal packages to receive maximum participation from the industry/market. Please take a few minutes to briefly explain to us why you will not be responding to the City's Bid or Request for Proposal. INSTRUCTIONS TO BIDDER EXECUTED. SEALED BID: For hardcopy submittals, Bidder should submit the original and two copies of the bid response form, the Bidder's Affidavit form and any other requested forms or documents furnished by the City in the bid package. Documents must be executed by an original signature of an authorized representative of the Bidder. City of Tampa bids are issued electronically via DemandStar s eProcurement bid distribution system. Obtaining bids through Demandstar will ensure that vendor will have the following capabilities: receipt of bids electronically, track the status of bid award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of bid awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the bid packages may be incomplete. The City will not accept incomplete bids. Contact Demandstar at 800-711-1712 or visit www.demandstar.com/supplier for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar.com/suoolier for more information. Bidders discovering any ambiguity, conflict, discrepancy, omission or other error in this BID, shall immediately notify the City of such error in writing and request modification or clarification of the BID. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Bidders who received an original BID from DemandStar (Those who are on the Plan Holders List). Addenda will be posted and disseminated by DemandStar at least five days prior to this BID opening date. The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the BID prior to submitting the bid or it shall be deemed waived. Bid tabulations (results) will be posted to DemandStar and made available to bidders after the scheduled public opening of the sealed bids. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. The Bidder is expected to carefully examine the entire bid package, including but not limited to the all provisions, terms, and conditions. Failure to do so will be at the Bidder's risk. City of Plant City Buddy Storey Purchasing Manager Drawer C Plant City, FL 33563 813-659-4270 - Telephone 813-659-4216 - Fax wstorey@plantcitygov.com City of Temple Terrace Judy Crutcher, Assistant Purchasing Agt. P.O. Box 16930 Temple Terrace, FL 33687 813-506-6420 — Telephone 813-989-7185 — Fax jcrutcher@templeterrace.com Clerk of Circuit Court 601 E. Kennedy Blvd.-13th Floor P.O. Box 1110 Tampa, FL 33601 Phone: (813) 276-8100 Ext.7721 FAX: (813) 272-5521 www.hillsclerk.com Tampa -Hillsborough County Expressway Authority 1104 East Twiggs St. Suite #300 Tampa, Florida 33602 813-272-6740 — Telephone 813-276-2492 — Fax Man.Le@tampa-xway.com Hillsborough Area Regional Transit Authority Melissa Smiley 4305 E. 21n Street Tampa, FL 33605 813-623-5835 — Telephone 813-664-1119 — Fax smileym@gohart.org Hillsborough Co. Aviation Authority P. O. Box 22287 Tampa International Airport Tampa, FL 33622-2287 Phone: (813) 870-8730 FAX: (813) 875-6670 www.tampaairport.com Hillsborough County School Board P. O. Box 3408 Tampa, FL 33601-3408 Phone: (813) 272-4329 FAX: (813) 272-4007 www.sdhc.k12.fl.us GPC LISTING Hillsborough Community College Vonda Melchior, Director of Purchasing 39 Columbia Drive Tampa, FL 33606 813-253-7060 — Telephone 813-253-7561 — Fax vmelchoir@hcc.fl.edu Hillsborough County Board of County Commissioners Scott Stromer, Director 601 E. Kennedy Blvd., 26th Floor Tampa, FL 33601 Phone: (813) 272-5790 FAX: (813) 272-6290 procurementservices@hillsboroughcounty.org Hillsborough Co. Sheriff's Office Christina R. Porter, Chief Financial Officer P.O. Box 3371 Tampa, FL 33601 813-247-8032 — Telephone 813-242-1825 — Fax CRPorter@hcso.tam pa.fl. us State Attorney's Office Mark Ober, State Attorney 800 E. Kennedy Blvd., 5t' Floor Tampa, FL 33602 813-272-5400 — Telephone 813-272-7014 — Fax Ober_M@SA013th.com Tampa Port Authority Donna Casey, Procurement Analyst P.O. Box 2192 Tampa, FL 33601 813-905-5164 — Telephone 813-905-5109 — Fax dwebb@tampaport.com Supervisor of Elections 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 276-8274 FAX: (813) 272-7043 www.votehill5borough.org City of Tampa Housing Auth. Jerome Ryans, President/CEO 1514 Union Street Tampa, FL 33607 813-253-0551— Telephone 813-4522 — Fax irenew@thafl.com Tampa Sports Authority Joe Haugabrook, Director of Purchasing 4201 N. Dale Mabry Highway Tampa, FL 33607 813-673-4300 — Telephone 813-673-4312 — Fax jhaugabrook@tampasportsauthority.com Tax Collector 601 E. Kennedy Blvd., 14th Floor Tampa, FL 33602 Phone: (813) 307-6222 FAX: (813) 307-6521 www.hillstax.org The Children's Board of Hills. County 1002 E. Palm Avenue Tampa, FL 33605 Phone: (813) 229-2884 FAX: (813) 228-8122 www.childrensboard.org University of South Florida George Cotter, Director Purchasing Services 4202 E Fowler Ave SVC-1072 Tampa, FL 33620 813-971-3340 — Telephone gcotter@admin.usf.edu Property Appraiser 601 E. Kennedy Blvd., 16th Floor Tampa, FL 33602 Phone: (813) 272-6100 FAX: (813) 272-5519 www.hcpafl.org Tampa Palms Community Dev. Dist. 16311 Tampa Palms Blvd W Tampa, FL 33647 Phone: (813) 977-3933 Fax: (813) 977-6571 www.tpoa.net GENERAL CONDITIONS FOR SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT 1. SCOPE AND CLASSIFICATION 1.1 SCOPE. This specification describes Site Furnishings, Playground Equipment and Surfadng, Installation, Repairs and Replacement for use by the City of Tampa Parks and Recreation Department. 1.2 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below. 2. QUALITY ASSURANCE PROVISIONS 2.1 TEST AND INSPECTION. It shall be the Awardee's responsibility to perform all tests and inspections required by this specification, unless otherwise stated in the award. The City of Tampa reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification. 2.2 QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to ensure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the Director of Purchasing. 3. AWARDEE LIABILITY 3.1 GUARANTEE. The material(s) supplied shall be guaranteed to be free from defect of composition, conception and workmanship for the minimum manufacturer's warranty period from the date of acceptance by the City. Any parts or portions found not in accordance with this specification will be rejected by the City and returned to the Awardee at the Awardee's expense for immediate replacement. 4. CONDITIONS 4.1 AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa "Open" Purchase Order. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY. As relating to the Government Purchasing Coundl of Hillsborough County, any member may place orders as dictated by its individual entity's preference. 4.2 FURNISHING BID ITEMS. Award items are to be furnished on an "as needed, when needed basis" during the life of the award. 4.3 BACKORDERS. Any backordered materials shall be made available to the City within 15 working days of the time of backorder (original date of receipt). If the backorder cannot be filled within the time frame of this section, then the City of Tampa is to be notified, in writing, thus permitting the City to obtain the required materials and/or exercise its options. 4.4 QUALITY. The materials to be furnished shall be currently in production and shall be of the manufacturer's standard or better quality. 4.5 BRAND INDICATION. Where same is applicable, all Bidders shall clearly indicate manufacturer/trade name and identifying number in the space provided within the attached proposal of this specfication and invitation for bid. 4.7 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty. 4.8 ADDITION/DELETION. The City of Tampa reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Tampa. 4 4.9 PACKAGING. Only materials that are packaged in the original factory fresh packaging shall be accepted. No materials that have been re -packaged or that are in adulterated or damaged packages shall be accepted at the receiving location, nor shall after -market materials be accepted at the receiving location. Any attempt by the Awardee to furnish the City of Tampa with other than first quality materials shall constitute default as outlined in this specification. 4.10 SUBSTITUTION. The Awardee shall not substitute items for like items without the approval of the City. Any violation of such procedures may result in a possible award cancellation. All approved substitutes shall be annotated as such on the Awardee's shipping document(s). 4.11 BID PRICES. Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification. Prices quoted in the Proposal and Bid Response form shall indude all shipping costs, shipped F.O.B. Tampa, Florida or to the fadlity location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee and shall be deemed to have been induded in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use, transportation and excise taxes. Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee is required or desires to use any design, device, material or process covered by letters of patent or copyright, the Awardee shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all daims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Awardee, the City and any indemnified party. This provision shall survive the termination of this award and shall continue in full force and effect so long as the possibility of any liability, claim or loss exists, unless otherwise prohibited by law. 4.12 BID EVALUATION. The evaluation of bids and the determination as to the quality, durability and warranty of material(s)/service(s) offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder. 4.13 BASIS OF AWARD. As deemed in the best interest, the City of Tampa reserves the right to make award(s) by group of items, all or none, or a combination thereof with one or more supplier(s) or provider(s) The City may reject any and all bids or waive any irregularity or technicality in bids received. The pricing structure shall be derived from the most current catalog(s) or price sheet(s) at the time of the bid opening minus a percentage discount from the Suggested List column of the published price. All percentage discounts quoted shall be firm and final during the award period. Award Criteria/Responsibility. The award will be made to the lowest responsive, responsible Bidder. To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder from a current financial report and the Bidder's credit rating; whether the Bidder has ever been declared in default of an award; the Bidder's insurability, eligibility for bonding; and any/all pertinent information deemed necessary to determine said responsibility. Prior to award resulting from this solicitation, the proposed Awardee(s) shall be registered to transact business in the State of Florida and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the bid. Any Bidder who is owing to the City of Tampa upon any debt, contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation. 5 An award will be made, if at all, within 120 days after opening of the bids. 4.14 COMMUNICATION POLICY. During any solicitation period, including any protest and/or appeal, no contact with City offidals or employees, other than with the individuals specifically identified in the solicitation, the Director of Purchasing or the Legal Department is permitted from any proposer/bidder. Such communication shall result in an automatic disqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six (6) months, no matter the outcome of the solicitation or any protest and/or appeal. 4.15 AWARD PERIOD AND RENEWAL. The award period shall be for a three-year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for an additional one-year period. 4.15.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City's intent to renew shall be provided by the City in writing to the Awardee prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 4.16 NON -APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated. 4.17 PRICE ESCALATION/DE-ESCALATION. The City of Tampa will allow a price escalation provision within this award. The original bid prices shall be firm and may be revised upon the receipt of updated catalog and price lists. The Awardee(s) shall provide to the City of Tampa with the published manufacturers price lists anytime the manufacturers revise their dated price pages. The City of Tampa will have 30 days upon receipt of the dated price pages to review and make necessary changes. In no event shall the percentage of mark-up change from the percentage mark-up indicated on the Bid Response Pages. 4.18 PERFORMANCE. The Awardee may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously and can provide necessary services. 4.19 PROOF OF DISTRIBUTORSHIP. When requested, it shall be the responsibility of the Bidder(s) to furnish with their bid(s) a letter stating that said Bidder is a factory authorized distributor for the Greater Tampa area for the items for which said Bidder has submitted their bid. 4.20 INSPECTION. The City of Tampa reserves the right to inspect the Bidder's place of business and equipment prior to awarding any award to determine the responsibility of said Bidder to perform or provide the requirements of the bid request. 4.21 AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa. 4.22 ASSIGNMENT. To the extent permitted by applicable law, this contract, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this contract. Any attempted assignment of this contract by a party without the advance written approval of the other party shall be invalid and unenforceable against the other party. Any approved assignment of this contract by the Awardee will not relieve the Contractor from the performance of its duties, covenants, agreements, obligations, and undertakings under this contract, unless the assignment expressly provides otherwise. No assignment by the Awardee shall be effective unless the assignee confirms in writing to the City that the assignee accepts and shall comply with all of the duties, responsibilities, and 6 obligations of the Awardee. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Awardee's consent or approval) to a governmental successor of the City. An assignment by the City of its rights under this contract to a governmental successor of the City will relieve the City from the performance of its duties, covenants, agreements, and obligations under this contract after the effective date of the assignment. However, the City shall continue to be liable for the obligations it incurred under this contract prior to the effective date of the assignment. Action by the City in awarding a bid/proposal to a bidder/proposer, which has disclosed its intent to assign or subcontract in its response to the ITB/RFP, without exception shall constitute approval for purposes of this award. 4.23 DEFAULT/RE-AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee upon non-performance or violation of award terms, including the failure of the Awardee to deliver materials or services within the time stipulated in this spedfication, unless extended in writing by the Director of Purchasing. In the event an award is cancelled because of the default of the Awardee, the Director of Purchasing may: (i) purchase the materials or services spedfied in this specification on the open market; or (ii) make an award to the next lowest bidder and establish the period of such award, provided such period is no longer than the award period set forth in this specfication. 4.24 CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards or contracts resulting from this specification may be cancelled by the following means: 4.24.1 10-day written notice with cause; or 4.24.2 30-day written notice without cause. 4.25 REJECTION. The City of Tampa reserves the right to cancel, reject any and/or all bids, or to waive any irregularities and accept that bid which is the lowest and best. 4.26 GOVERNMENT PURCHASING COUNCIL. Hillsborough County Govemment Purchasing Council ("GPC') members, may, at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been induded in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document. Any Hillsborough County GPC member which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders and issue its own exemption certificates as required by the Bidder. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder as a result of this Bid. 4.27 USE OF CONTRACT BY OTHER GOVERNMENTAL AGENCIES. Unless otherwise stipulated by the Bidder in its proposal, the Bidder agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance with the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document. Any other governmental agency, department, or municipality which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders and issue its own exemption certificates as required by the Bidder. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder as a result of this Bid. 4.28 USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa. 4.29 CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award/contract to provide any goods or services to a public entity, may not submit a bid on an award/ contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 7 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [See Honda State Statute 287.133 (2)(a)] 4.30 FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection and copying. If the Bidder is asserting that certain information in its Bid is confidential and/or proprietary and/or exempt from public disclosure, then the Bidder is required to do the following: (1) identify, with specificity, the information which the Bidder asserts is confidential and/or proprietary and/or exempt from public disdosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that is separate from the Bidder's other Bid documents, (3) dearly label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Bidder's name and the Bid number marked on the outside, and (4) specifically dte the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separate document contained within the sealed envelope along with any relevant explanations. The envelope that contains the Bidder's confidential/proprietary/exempt information must be submitted with the Bidder's other Bid documents. Bidder is advised that failure to follow the aforementioned instructions may result in Bidder's alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this Bid will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.* Be aware that the designation of an item as exempt from public disdosure by a Bidder may be challenged in court by any person or entity. By designation of material in your Bid submittal as exempt from public disclosure, Bidder agrees to defend the City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to Bidder's designation of material as exempt from public disdosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed offidals) for any award to a plaintiff for damages, costs and attorneys' fees, and for costs and attorneys' fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure. *Note: The City will not accept Bid submittals when the entire submittal is labeled as exempt from public disclosure. Bidder's References and Cost or Price information will be deemed a public record, and if a claim of confidentiality/proprietary information is made, the City may deem the Bid submittal as "non -responsive". 4.30.1 In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 4.30.2 In accordance with section 119.071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 4.30.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701, Awardee agrees to comply with Florida's Public Records Law, including the following: 1. Awardee shall keep and maintain public records required by the City to perform the services; 2. Upon request from the City, Awardee shall provide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that public records, in part or in total that are exempt or that are confidential and exempt from public record requirements are not disdosed except as authorized by law for the 8 duration of the contract term and following completion (or early termination) of the contract if the Contractor does not transfer the records to the City; 4. Upon completion (or earlier termination) of the award, Awardee shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Awardee or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Awardee transfers all public records to the City upon completion (or earlier termination) of the award, Awardee shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. If Awardee keeps and maintains public records upon completion (or earlier termination) of the award, Awardee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 5. The failure of Awardee to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Awardee until records are received as provided herein. 6. IF THE AWARDEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE AWARDEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AWARD, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 813/274-8351, COTPurchasingPRR(altampagov.net, AND MAILING ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2ND FLOOR, 306 E. JACKSON STREET, TAMPA, FL 33602. 4.31 PROCUREMENT PROTEST PROCEDURES. A protest must be filed with the Director of the soliciting Department within five (5) business days of posting the City's intent to award and may be filed by an actual bidder or proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies, materials or services and construction of public improvements and has standing to protest under Florida Law. Any protest must be filed in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures. Protests not complying with the provisions of this Section shall not be reviewed. All dates and times specified in the Protest Procedures in Section 2-282 are calculated as city business days. A City business day shall mean 8:00 am to 5:00 pm Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain date must be received in the required office by 4:30 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission. 4.32 LAWS, CODES AND ORDINANCES. The Awardee/Bidder shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid. 4.33 AUDIT RIGHTS. Awardee agrees that the City or its authorized representative shall have access to, and the right to audit, examine, or reproduce, the financial books and records of Awardee related to Awardee's performance under the contract. Awardee shall retain all such records for a minimum period of six (6) years from the date of termination of the contract, including any renewal or extension hereof, or for such longer period of time as required by federal or state law, and shall be extended until the completion of any audit in progress. Awardee must keep all financial records in a manner consistent with generally accepted accounting principles. Awardee must provide access during normal business hours to the requested records no later than ten (10) calendar days after the written request by the City 9 or its authorized representative. If any audit reveals any material deviation from the contract requirements, any misrepresentations or any overcharges to the City, the City will be entitled to recover damages, as well as the cost of the audit. Any adjustments or payments which must be made as a result of any such audit or inspection of the Awardee's invoices or records must be made within a reasonable amount of time, but in no event may the time exceed ninety (90) calendar days, from presentation of the City's audit findings to the Awardee. Awardee shall include this right to audit section in any subcontractor agreements entered into in connection with this contract. 4.34 CITY OF TAMPA ETHICS CODE. The Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-522) Moreover, each Bidder responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Awardee shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2-514(d)). Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link http://www.tamoaoov.net/human-resources/info/lobbyist-information or can be found in the City of Tampa's municipal codes published online by the Municipal Code Corporation at the website link httns://www.municode.com/librarv/fl/tampa/codes/code of ordinances. Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of $0.15 cents a page. 4.35 SCRUTINIZED COMPANIES. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are (1) on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria. A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of $1 million or more. Notwithstanding the aforementioned, the City may on a case -by -case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4) of the Florida Statutes are met. If the City determines the Bidder submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the Awardee has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Awardee notice and an opportunity to demonstrate the City's determination of false certification was in error pursuant to Section 287.135(5)(a) of the Florida Statutes. 4.36 CONTRACT LITIGATION/LEGAL PROCEEDINGS. The Bidder shall identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer's ability to perform the services set forth in this Bid. Bidder shall provide in detail information on the nature and magnitude of any litigation or proceeding whereby, currently or during the past five (5) years, a court or any administrative agency has ruled against the company in any matter related to the professional activities of the company. 10 This shall include any class actions wherein your company was named, industry investigations by Attorneys General, in addition to individual cases. Bidder shall identify any pending lawsuits, past litigation relevant to subject matter of this Bid or litigation involving any unauthorized release of client confidential information, providing a statement of any litigation or pending lawsuits that have been filed against the Bidder's company currently or within the last five (5) years. If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. Bidder shall provide information concerning any current or past bankruptcy proceedings currently or within the last five (5) years for any voluntary or involuntary declarations of bankruptcy concerning the company, partner or subsidiary, subcontractors, or any corporate officer with details of such proceedings. Bidder must also provide information as to whether the Proposer or an affiliate of Bidder is currently or has in the last five (5) years ever pledged any interest in all or any portion of any current or future payment as collateral, including for example as part of an accounts receivable factoring program. If yes, please provide information identifying the type of arrangement, date of the arrangement, and name of the party to whom the interest was pledged. 4.37 MINIMUM WAGE AMENDMENT. The Awardee/Contractor shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005. The rate of wages for all persons employed by the Awardee/Contractor on the work covered shall not be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104-188) enacted August 20, 1996. 4.38 DATA COLLECTION. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from bidders are used for identification, verification, and tax reporting purposes. 4.39 INVOICING. The Awardee shall furnish the City complete itemized invoices for the services performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal document on the bid response/pricing sheets. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; • Company Name; • Purchase order number; • Location and dates of service; • COT Service Report; • Cost of services as stated on Bid Response and extended price to reflect total cost for number of services performed. At the time of submission of its invoices, the Awardee shall submit to the CITY a report on From MBD-30, "DMI Payments" of all sub -contract contract amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Awardee uses any WMBE and/or SLBE sub -contractors, the Awardee shall provide form MBD-40 "Letter of Intent" (LOI) for all WMBE and/or SLBE sub -contractors the Awardee intends to utilize. • Form MBD-30 DMI Sub-(Contractors/Consultant/Suppliers) Payments • Form MBD-40 Letter of Intent (LOI) 4.40 SUB -CONTRACTING SUBMITTALS. No Awardee shall assign the award/contract or any rights or obligations thereunder without the written consent of the City. The Awardee shall be required to perform with its own forces at least fifty-one (51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub -Contracting Forms: • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 11 These forms must be completed (including signatures) and submitted with all bids or proposals. Submittals that do not contain these completed forms shall be deemed "non -responsive". Instrustions on completing the forms are included after each form in this bid package. Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor or manufacturer. 4.41 CONFLICT OF INTEREST. The City requires that the Bidder provide professional, objective, and impartial advice and at all times hold the City's interest(s) paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Bidders have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Bidder shall not be considered for award. Failure to disclose said situations may lead to the disqualification of the Bidder or the termination of its award. Any such interests on the part of the Bidder or their employees, must be disclosed in writing to the City on ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM that is included with this solicitation document. Also, the Bidder is aware of the conflict of interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said laws. 4.42 GOVERNING LAW/VENUE. The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this solicitation, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 4.43 PAYMENT. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, fit. seq., the Local Prompt Payment Act. Bidders that accept Visa/MasterCard payments can be enrolled in the City's ePayments program for faster payment turnaround, by contacting the City's Accounts Payable Department at acctspavable@tampaaov.net. 4.44 EMPLOYEE VERIFICATION. In accordance with Section 448.095, Florida Statutes, the Awardee/Contractor agrees to register with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the award/contract for the services specified in the award/contract. The Awardee/Contractor must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the award/contract term. If the Awardee/Contractor enters into a contract with a subcontractor, the subcontractor must provide the Awardee/Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Awardee/Contractor shall maintain a copy of such affidavit for the duration of the award/contract. If the City has a good faith belief that the Awardee/Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Awardee/Contractor, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the award/contract was terminated. The Awardee/Contractor is liable for any additional costs incurred by the City as a result of the termination of the award/contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Awardee/Contractor has otherwise complied with the law, the City shall promptly notify the Awardee/Contractor and order the Awardee/Contractor to immediately terminate the award/contract with the subcontractor. 4.45 FORCE MAJEURE. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this award/contract (the "Nonperforming Party") will be excused from performing those obligations, on condition that it complies with its obligations herein. "Force Majeure Event" means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this award/contract, on condition that the Nonperforming Party uses reasonable efforts 12 to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this award/contract. The other party has the right to terminate the award/contract if the Non -Performing Party's Force Majeure Event continues for more than a reasonable time. 5. INDEM NIFICATION. The Contractor/Successful Proposer/Awardee/Firm (collectively the "Firm") releases and agrees to defend, indemnify and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, claims, suits, damages, charges, or expenses (including attorney's fees, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason or as a result of any act, negligence, or omission on the part of the Firm, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the Award/Contract/Agreement (collectively the "Agreement") into which the Firm and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Where the Agreement is for a construction contract for the City, this Section shall be limited to the provisions of Section 725.06, Florida Statutes, with the greater of $1 Million Dollars or a sum equal to the total contract price set as the monetary limitation on the extent of the indemnification. 6. NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa. The Awardee shall comply with the following Statement of Assurance: During the performance of this Award, the Awardee herein assures the City, that said Awardee is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Awardee does not on the grounds of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Awardee's employees or applicants for employment. Awardee understands and agrees that this award is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this award. Furthermore, the Awardee herein assures the City that said Awardee will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. Awardee further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this award. Awardee further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5. Per City of Tampa Code of Ordinances, Section 2-284, Bidder(s) shall perform criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The City of Tampa's municipal codes are published online by the Municipal Code Corporation at the website link https://www.municode.com/library/fl/tamoa/codes/code of ordinances. 6.1 EQUAL OPPORTUNITY The City of Tampa hereby notifies all Bidders that all eligible businesses, including Small Local Business Enterprises (SLBEs) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any Award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. t.3 For additional information p/ease visit the Equal Business Opportunity Office at: htip://www.tampauov.netiebo 7. INSURANCE. This award is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit 1 of this bid document which should be reviewed for complete insurance details and coverage requirements. 14 TECHNICAL SPECIFICATIONS FOR PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, AND INSTALLATION, REPAIRS AND REPLACEMENT 8. PRODUCTS OR SERVICES TO BE PROVIDED Bids are being requested and will be evaluated on the basis of a minimum fixed percentage discount from Bidder's most current catalog(s) for site furnishings, playground equipment and surfacing, installation, repairs and replacement in order to produce the lowest net cost for the City of Tampa Parks and Recreation Department. 8.1 Bidders shall provide a firm, fixed discount that will be applied to all items in the Bidder's current catalog(s), CD(s), or printed price sheet(s). If discount varies by manufacturer, indicate that on the bid response page/Attachment B — Products List. 9. INSTALLATION, REPAIRS AND REPLACEMENT SERVICES 9.1 Play equipment must meet or exceed Consumer Products Safety Commission (CPSC) Guidelines and American Standard and Testing Material (ASTM) Standards or equivalent. IPEMA Certification is desired but not required. Installation of shelters, shade structures, gazebos, trellises, etc. shall conform to the appropriate ASTM and industry standards. 9.2 Installation, repair and replacement services must be according to relative industry standards such as ASTM, National Playground Safety Institute or equivalent. 9.3 Fall zone material and installation must adhere to industry related standards to include CPSC and ASTM. 9.4 Any and all damages to grounds, site furnishings, lighting, underground utilities, buildings, paving, landscape trees, shrubs, turf and groundcover, City owned, or leased equipment shall be corrected by the Awardee(s) at no additional cost to the City. 9.5 Awardee(s) must coordinate all utility locations to be marked on site prior to any excavation. 9.6 All work must be inspected prior to approval. Payments are based on successful inspection. 9.7 Permits may be paid and/or reimbursed by the City of Tampa upon prior approval from Department Representative. 9.8 Bidders providing a service must hold an Occupational or Business License. In accordance with Florida Statutes 205.065, a current Department of Professional Regulation certificate may be provided in lieu of an Occupational License, please submit a copy of certificate(s) or license(s) with Bid submittal. 9.9 All equipment/products and/or installation, repair or replacement must be approved by Department Representative upon completion. 9.10 Catalogs and price sheets for all site furnishings, playground equipment, site related products, and any surfacing or paving related products that you would like to be considered as part of this Bid must be submitted with the Bid. 9.11 All freight charges must be included in the individual project quote. 9.12 Awardee responsible for securing work zone and all materials or equipment left on site, and the price shall be included on the individual project quote. 9.13 The Awardee/Sub-contractor shall be responsible `or unpacking, uncrating and installation at job site accordance with specifications and removal of all trash and debris. 9.14 Installation, repair and replacement contractors must provide written certification that they are certified/authorized to install playground equipment as required by the manufacturer along with the quote/ proposal. Each Foreperson on site supervising installation must have NPSI (National Playground Safety Institute) 15 certification or at least one member of the crew on site must have NPSI certification, proof of certifications may be requested by Department Representative prior to installation. The installing contractor must provide a certificate or signed letter stating, "This equipment has been installed according to manufacturer's specifications and meets the standards of any applicable certifying organization". Letter or certificate must be provided at time of final inspection. 10. ENGINEERED WOOD FIBER MULCH (Must meet or exceed "Fibar") 10.1 The mulch shall meet the United States Consumer Product Safety Commission ASTM F2075 requirements for engineered wood fiber for use as a Playground Safety Surface Under and Around Playground Equipment, ASTM F1292 requirements for Impact Attenuation of Surfacing materials Around Playground Equipment and be Chromated Coper Arsenate (CCA) Free. The mulch must also be free of foreign matter to be considered acceptable. If the material is not per specifications, the Awardee has within 24 hours to remove the mulch at no additional cost to the City. 10.2 Must submit manufacturer's specification product data sheet and a quart size plastic bag sample of the engineered wood fiber mulch to be evaluated by the City of Tampa project manager. 10.3 Please indicate on the Bid Response Page a price for Engineered Wood Fiber Mulch per cubic foot and square foot. 11. SURFACING PRODUCTS (POUR -IN -PLACE) Must meet or exceed "Surface America Poured -In -Place 3-Part" 11.1.1 Must meet or exceed the following criteria: Bonded rubber Poured -In -Place: 11.1.2 Polyurethane. 11.1.3 Blend of 100% recycled SBR (styrene butadiene rubber) and urethane. 11.2 Shock Attenuation (ASTM F1 292) 11.2.1 Gmax: Less than 200. 11.2.2 Head Injury Criteria: Less than 1000. 11.3 Flammability (ASTM D2859) 11.4 Tensile Strength (ASTM D4 I 2): 60 psi (4113 kPa). 11.5 Tear Resistance (ASTM D6240: 140% 11.6 Water Permeability: 0.4 gal/yd2/second. 11.7 Accessibility. Comply w;th requirements of ASTM F195 I. 11.8 Required mix proportion by weight: 11.8.1 Base mat: 16+% urethane (as ratio: 14% urethane divided by 86' rubber). 14 urethane, 86% rubber (based on entire rubber & urethane mis). 11.8.2Top Surface: 22% urethane (ration: 18% urethane divided by 82'• rubber). 18 urethane, 82% rubber (based on entire rubber & urethane mix). 11.9 Must meet current ASTM specification for determination of accessibility to surface systems under and around playground equipment. stating: 11.10 Attach to the Bid Response Page for surfacing product and must be included in your bid response 11.10.1 List pricing based on thickness and color options. 11.10.2 This price sheet may not contain other terms and or conditions. 11.10.3 Your company name must clearly be indicated on the attached price sheet. 11.10.4 Prices must be stated per square foot and must include all materials, binder adhesives, non woven geotextile membrane, delivered, supplied and installed. 16 11.11 Must submit manufacturer's specification product data sheet and a 4" X 6" sample to be evaluated by the Department Representative to evaluate 12. CATALOG(S), CD(S) OR PRINTED PRICE SHEET(S) WITH BID All Bidders must submit two (2) CD(s), catalog(s) or printed price sheet(s) to be used with their bid submittal. 13. CATALOG(S), CD(S) OR PRINTED PRICE SHEET(S) UPDATED ANNUALLY Each year as new catalog(s), CD(s) or printed price sheet(s) are published the Awardees shall furnish new catalog(s), CD(s) or printed price sheet(s) to the Department Representative. 14. UPDATING OF CATALOG(S), CD(S) OR PRINTED PRICE SHEET(S) Bid pricing will be held to the current catalog(s), CD(s) or printed price sheet(s) in use by the City of Tampa Parks and Recreation Department. Price increases will not be allowed until a new catalog has been approved by the Department Representative and price sheets are emailed to celeste.gibbons oeoolesatampagov.net or mailed to City of Tampa Purchasing Department, 306 East Jackson Street, 2E, Tampa, FL 33602. Once approved, it will be the Awardee's responsibility to distribute an ample supply of catalog(s), CD(s) or printed price sheet(s) to the Parks and Recreation Department. Booklets and prices used to adjust catalog(s), CD(s) or printed price sheet(s) pricing will not be acceptable. This process shall be followed during any and all catalog changes 15. BID PRICING & CATALOG DISTRIBUTION Bid and individual project quote pricing will be held to the current catalog approved pricing in use by the City of Tampa. 16. NEW ITEMS New items appearing in the Awardee's catalog released after the bid opening date are to be covered by the same terms and conditions as indicated in the bid. 17. DELIVERY TERMS 17.1 DELIVERY POINT FOR EQUIPMENT Delivery is FOB Destination. If there are any delivery charges, the price must be notated on the project proposal and invoice as a separate line item. The delivery address(es) will be listed on the purchase order. No common carrier drayage charges will be honored by the City of Tampa. 17.2 DELIVERY TIME Orders shall be placed as needed and expected delivery time frame shall be included when quotes are given to the City. Delivery time frame from receipt of purchase order may determine which vendor receives the order. 17.3 HOURS OF DELIVERY Deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m. except on Saturdays, Sundays, or holidays when all Facilities may be closed to receive deliveries. 17.4 F.O.B. POINT Inspection and acceptance will be F.O.B. Destination unless otherwise provided. Title to or risk of loss or damage to all items shall be the responsibility of the Awardees until acceptance by the City If the materials or services supplied to the City are found to be defective or not to conform to specifications, the City reserves the right to cancel the order and product will be returned and shall be at the Awardee(s) expense. 17 18. LABELING Each carton; package, box and/or container shall be labeled. Each label shall identify each carton as follows: 18.1 Name of item and Model number, if applicable 18.2 Quantity of item contained 18.3 Purchase Order Number 18.4 Company 19. DAMAGED ITEMS In the event an item is received, and it is later determined there is concealed damage when the item is unpacked, the item must be replaced by the Awardee at no cost to the City. 20. INSTALLATION 20.1 The Awardee(s) shall provide all barricades and take all necessary precautions to protect building site, supplies, equipment, tools and personnel. All work shall be complete in every respect and accomplished in a workmanlike manner and the Awardee shall provide for removal of all debris from the City premises. 20.1.1 Where installation is required, the Awardee shall deliver, unload, set in place, install, make ready to run, and test (test to be accomplished in the presence of an authorized representative of the City). The Awardee shall provide a qualified person, at no extra cost, to assure performance of the item and to make the initial start up and achieve the successful testing. Upon completion of the successful testing of the item, the authorized representative of the City shall inspect and accept. All miscellaneous installation materials shall be included in the Total Turnkey price. The miscellaneous installation materials include the following: conduit, wire, fiber, connectors, fittings, boxes, concrete footings, etc. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. 20.1.2 Installation includes the furnishing of any equipment, rigging, hardware, and materials required to install, repair or replace the product in the proper location. Awardee shall protect the site from damage and shall repair damages or injury caused during the installation by the Awardee or its employees or agents. If any alteration is required to the site or building to achieve installation, the Awardee shall promptly restore the structure or site to its original condition. Awardee shall perform installation work so as to cause the least inconvenience and interference with the City's operations, and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 21. GUARANTEED QUANTITIES No guarantee is given or implied as to the total quantity or dollar value of this Bid. The City is not obligated to place any order with any Awardee participating in this Bid. The City, however, will be urged to refer to catalogs and discounts of Awardee(s) in their attempt to fill their requirements at the lowest net prices. 22. METHOD OF ORDERING Items shall be ordered via individual purchase orders on an "as needed" basis for the term of the Award. Invoices must be submitted against each individual purchase order. 23. ORDERS The City will issue purchase orders directly to the Awardee(s) for the purchase of Site Furnishings, Playground Equipment and Surfacing, Installation, Repairs and Replacement. The Awardee(s) will be expected to honor these orders according to the discount terms and conditions listed in this bid. Each purchase order will be faxed or mailed to the Awardee(s). The order should be reviewed for correct prices, catalog numbers, extensions, etc 1i 24. NO DAMAGES FOR DELAY Awardee is not entitled to any additional compensation or increase in the contract sum for directindirect, impact, storage, or any other damages arising because of any hindrance or delays caused by the owner or any other cause whatsoever. Awardee's only remedy for delay, not caused or exacerbated by the Awardee(s), shall be an extension of time to complete the Awardee's scope of work. Any extension of time for an order, shall be granted at the sole discretion of the Department Representative. 25. SUBSTITUTES Unapproved substitutes shall not be allowed. If items are not available, the Department noted on the purchase order must be contacted prior to shipment in order to determine if a substitute is acceptable. 19 RESOLUTION NO. 2022- PURCHASING/ M TH/CGP/ L W A RESOLUTION APPROVING THE BIDS OF KEYSTONE RIDGE DESIGNS, INC., SWAR 2 ASSOCIATES, INC., MOST DEPENDABLE FOUNTAINS INC., MILLER RECREATION EQUIPMENT AND DESIGN, INC. AND APOLLO SUNGUARD SYSTEMS, INC. FOR PRODUC.IS ONLY; KOMPAN, INC,, ADVANCED RECREATIONAL CONCEPTS, LLC, LAUBS DRAINAGE & FLEXI-PAVE, LLC, BLISS PRODUC.I S AND SERVICES, INC., TOP LINE RECREATION, INC., LANIER PLANS INC. DBA KORKAT, PLAYMORE WEST, INC. AND REP SERVICES, INC. FOR PRODUCI5 AND SERVICES FOR THE FURNISHING OF PARKS SITE FURNISHINGS, PLAYGROUND EQUIPMENT AND SURFACING, INSTALLATION, REPAIRS AND REPLACEMENT IN THE ESTIMATED AMOUNT OF $4,500,000 FOR USE BY THE PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE DIRECTOR OF PURCHASING TO PURCHASE SAID PROPERTY, SUPPLIES, MATERIALS OR SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Tampa issued an Invitation to Bid No. 31041421 for Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement for use by the Parks and Recreation Department; and WHEREAS, the City has decided to use multiple Awardees to help produce the lowest net cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE U FY OF TAMPA, FLORIDA: Section 1. That the bids of Keystone Ridge Designs, Inc., Swartz Associates, Inc., Most Dependable Fountains Inc., Miller Recreation Equipment and Design, Inc. and Apollo Sunguard Systems, Inc. for products only; Kompan, Inc., Advanced Recreational Concepts, LLC, Laubs Drainage & Flexi-Pave, LLC, Bliss Products and Services, Inc., Top Line Recreation, Inc., Lanier Plans Inc. dba Korkat, Playmore West, Inc. and Rep Services, Inc. for products and services, for the furnishing of: Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement Bid #31041421 Estimated Expenditure: $4,500,000, such bids are hereby approved; and the Director of Purchasing is hereby authorized to purchase same. Section 2. That the award period shall be for a three-year period from the effective date of the awarding or approving Resolution, and may be renewed on the same terms and conditions for one additional one-year period. Section 3. The catalogs for various bidders are on file in the Office of the Purchasing Department of the City of Tampa, are hereby approved in their entirety or in substantially similar form. Section 4. This will provide $1,500,000 in FY2022, $1,500,000 in FY2023, subject to annual appropriation and $1,500,000 in FY2024, subject to annual appropriation for the furnishing of Parks Site Furnishing, Playground Equipment and Surfacing, and Installation, Repairs and Replacement for use by the Parks and Recreation Department, controlled by requisition. Section 5. That the proper officers of the City of Tampa are authorized to do all things necessary and proper in order to carry out and make effective the provisions of this Resolution, which shall take effect immediately upon its adoption. ATTEST: CITY CLER APPROVED AS TO FORM e/s BY MARCELLA T. HAMILTON ASSISTANT CITY ATTORNEY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA, ON °-1 AN CHAIR/CHAIR PRO-TEM TAMPA CITY COUNCIL 650 a ?O22 Page-1- 4/13/22, 4:38 PM Detail by Entity Name DIVISION OF CORPORATIONS lr Drmofr }j flip//xibrg ,0 P PO f ArNDIN1 �/--- �, uiriai Same of syd/,sit� Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company ADVANCED RECREATIONAL CONCEPTS, LLC Filing Information Document Number L03000023078 FEI/EIN Number 20-0520823 Date Filed 06/24/2003 State FL Status ACTIVE Principal Address 3125 SKYWAY CIRCLE MELBOURE, FL 32934 Changed: 04/29/2007 Mailing Address 3125 SKYWAY CIRCLE MELBOURNE, FL 32934 Changed: 04/29/2007 Registered Agent Name & Address BRADLEY, RICHARD 212 S 7TH STREET FT. PIERCE, FL 34950 Address Changed: 03/20/2014 Authorized Person(s) Detail Name & Address Title MGR Gonzalez, Lazaro 224 LANSING ISLAND DRIVE INDIAN HARBOUR BEACH, FL 32937 Annual Reports Report Year Filed Date 2020 01/29/2020 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=ADVANC... 1/2 4/13/22, 4:38 PM 2021 01/15/2021 2022 01/24/2022 Detail by Entity Name Document Images 01/24/2022 -- ANNUAL REPORT 01/15/2021 -- ANNUAL REPORT 01/29/2020 -- ANNUAL REPORT 01/17/2019 -- ANNUAL REPORT 01/12/2018 -- ANNUAL REPORT 01/27/2017 -- ANNUAL REPORT 01/28/2016 -- ANNUAL REPORT 02/03/2015 -- ANNUAL REPORT 03/20/2014 -- ANNUAL REPORT 03/25/2013 -- ANNUAL REPORT 01/26/2012 -- ANNUAL REPORT 03/03/2011 -- ANNUAL REPORT 01/21/2010 -- ANNUAL REPORT 03/20/2009 -- ANNUAL REPORT 03/03/2008 -- ANNUAL REPORT 04/29/2007 -- ANNUAL REPORT 03/01/2006 -- ANNUAL REPORT 01/28/2005 -- ANNUAL REPORT 01/29/2004 -- ANNUAL REPORT 06/25/2003 -- Florida Limited Liability View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=ADVANC... 2/2 4/13/22, 4:41 PM sunbiz.org - Florida Department of State DIVISION OF CORPORATIONS Dr/law fif org id Atfrf Di\ f w official the scare of Flotifla we%lite Previous on List Next on List Return to List Filing History Fictitious Name Search Submit Fictitious Name Detail Fictitious Name KORKAT Filing Information Registration Number G16000025954 Status ACTIVE Filed Date 03/10/2016 Expiration Date 12/31/2026 Current Owners 1 County MULTIPLE Total Pages 2 Events Filed 1 FEI/EIN Number 86-1063618 Mailing Address 221 CABLE INDUSTRIAL WAY CARROLLTON, GA 30117 Owner Information LANIER PLANS INC. 221 CABLE INDUSTRIAL WAY CARROLLTON, GA 30117 FEI/EIN Number: 86-1063618 Document Number: F09000003271 Document Images 03/10/2016 -- Fictitious Name Filing 12/06/2021 -- Fictitious Name Renewal Filing View image in PDF format View image in PDF format Previous on List Next on List Return to List Filing History Florida Department of State, Division of Corporations Fictitious Name Search Submit dos.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=G16000025954&rdocnum=G10000073923 1/1 4/13/22, 4:40 PM Detail by Entity Name DIVISION OF CORPORATIONS �fVO.Ot'I . jO e_Pro f �4r�yl. � 1 uiriai Star© uj!!ur/�lss syd/,sit� Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation TOPLINE RECREATION INC. Filing Information Document Number FEI/EIN Number Date Filed Effective Date State Status Last Event Event Date Filed Event Effective Date Principal Address 2922 HOWLAND BLVD SUITE # 4 DELTONA, FL 32725-2900 Changed: 02/04/2019 Mailing Address 2922 HOWLAND BLVD 4 DELTONA, FL 32725 P11000073376 45-3009109 08/17/2011 08/16/2011 FL ACTIVE AMENDMENT 12/19/2011 NONE Changed: 02/04/2019 Registered Agent Name & Address M. STEWART AND COMPANY 570 LEXINGTON GREEN LANE SANFORD, FL 32771 Name Changed: 01/12/2015 Address Changed: 12/07/2015 Officer/Director Detail Name & Address Title President https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=TOPLINE... 1/2 4/13/22, 4:40 PM Detail by Entity Name PERKINS, SONIA M 2922 HOWLAND BLVD SUITE # 4 DELTONA, FL 32725-2900 Title VP PERKINS, TERRY R 2922 HOWLAND BLVD SUITE # 4 DELTONA, FL 32725-2900 Annual Reports Report Year Filed Date 2020 01/16/2020 2021 01/13/2021 2022 01/27/2022 Document Images 01/27/2022 -- ANNUAL REPORT 01/13/2021 -- ANNUAL REPORT 01/16/2020 -- ANNUAL REPORT 02/04/2019 -- ANNUAL REPORT 01/15/2018 -- ANNUAL REPORT 02/10/2017 -- ANNUAL REPORT 04/06/2016 -- AMENDED ANNUAL REPORT 03/10/2016 -- ANNUAL REPORT 12/07/2015 -- AMENDED ANNUAL REPORT 01/12/2015 -- ANNUAL REPORT 03/26/2014 -- ANNUAL REPORT 05/17/2013 -- Off/Dir Resignation 03/25/2013 -- ANNUAL REPORT 03/27/2012 -- ANNUAL REPORT 12/19/2011 -- Amendment 08/17/2011 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=TOPLINE... 2/2 6/20/23, 11:35 AM Detail by Entity Name DIVISION OF CORPORATIONS lr / D1VO.fI l j j r f D ufrku! Star© of R144,3itV Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation PLAYMORE WEST, INC. Filing Information Document Number P00000016534 FEI/EIN Number 65-0984408 Date Filed 02/10/2000 State FL Status ACTIVE Principal Address 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Changed: 01/16/2007 Mailing Address 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Changed: 01/16/2007 Registered Agent Name & Address RUSSELL, RYAN J 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Name Changed: 04/20/2001 Address Changed: 01/16/2007 Officer/Director Detail Name & Address Title VP RUSSELL, LUKE P 13120 IDYLWILD FARM ROAD FORT MYERS, FL 33905 https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=PLAYMO... 1/3 6/20/23, 11:35 AM Detail by Entity Name Title P RUSSELL, RYAN J 5790 BEECHWOOD TRAIL FORT MYERS, FL 33919 Title Secretary Vega, Melissa M 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Title Sales Manager Boop, Daniel C 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Title General Manager Daniel, Flesher K 10271 DEER RUN FARMS ROAD SUITE 1 FORT MYERS, FL 33966 Annual Reports Report Year Filed Date 2021 02/02/2021 2022 01/27/2022 2023 01/24/2023 Document Images 01/24/2023 --ANNUAL REPORT 01/27/2022 --ANNUAL REPORT 02/02/2021 --ANNUAL REPORT 01/23/2020 --ANNUAL REPORT 02/07/2019 --ANNUAL REPORT 01/15/2018 --ANNUAL REPORT 01/12/2017 --ANNUAL REPORT 03/04/2016 --ANNUAL REPORT 01/09/2015 --ANNUAL REPORT 01/14/2014 --ANNUAL REPORT 02/04/2013 --ANNUAL REPORT 01/05/2012 --ANNUAL REPORT 01/05/2011 --ANNUAL REPORT 02/10/2010 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=P LAYMO... 2/3 6/20/23, 11:35 AM 04/15/2009 --ANNUAL REPORT 01/04/2008 --ANNUAL REPORT 01/16/2007 --ANNUAL REPORT 01/04/2006 --ANNUAL REPORT 01/17/2005 --ANNUAL REPORT 02/03/2004 --ANNUAL REPORT 01/27/2003 --ANNUAL REPORT 01/27/2002 --ANNUAL REPORT 04/20/2001 -- ANNUAL REPORT 02/10/2000 -- Domestic Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=P LAYMO... 3/3 6/20/23, 11:36 AM Detail by Entity Name DIVISION OF CORPORATIONS lr Vr CDp pof A'rrgIN uirku! Star© uj!!ur/�lss syd/,sit� Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation REP SERVICES, INC. Filing Information Document Number L25288 FEI/EIN Number 59-2978507 Date Filed 10/24/1989 Effective Date 10/19/1989 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 10/24/2018 Event Effective Date NONE Principal Address 165 W JESSUP AVE LONGWOOD, FL 32750-4146 Changed: 11/26/2019 Mailing Address 165 W JESSUP AVE LONGWOOD, FL 32750-4146 Changed: 11/26/2019 Registered Agent Name & Address Almon, John T, II 671 BROOKSIDE ROAD MAITLAND, FL 32751-5126 Name Changed: 04/11/2016 Address Changed: 06/19/2017 Officer/Director Detail Name & Address Title DIRECTOR, CHAIRMAN, TREASURER https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=REPSER... 1/3 6/20/23, 11:36 AM ALMON, JOHN T II 671 BROOKSIDE ROAD MAITLAND, FL 32751-5126 Title DIRECTOR, SECRETARY ALMON, LEDONNA H 671 BROOKSIDE ROAD MAITLAND, FL 32751-5126 Title VP GEARY, ROBERT 117 LAMPLIGHTER RD ALTAMONTE SPRINGS, FL 32714 Title President, Director Almon, Nathan H 3912 Harbour Drive Orlando, FL 32806 Annual Reports Report Year Filed Date 2021 01/04/2021 2022 01/04/2022 2023 02/06/2023 Document Images 02/06/2023 --ANNUAL REPORT 01/04/2022 --ANNUAL REPORT 01/04/2021 --ANNUAL REPORT 01/20/2020 --ANNUAL REPORT 02/08/2019 --ANNUAL REPORT 02/02/2018 --ANNUAL REPORT 06/19/2017 --Amendment 01/03/2017 --ANNUAL REPORT 04/11/2016 --ANNUAL REPORT 01/08/2015 --ANNUAL REPORT 01/10/2014 --ANNUAL REPORT 02/17/2013 --ANNUAL REPORT 01/06/2012 --ANNUAL REPORT 09/21/2011 --ANNUAL REPORT 03/14/2011 --ANNUAL REPORT 03/31 /2010 --ANNUAL REPORT 04/21 /2009 --ANNUAL REPORT 04/29/2008 --ANNUAL REPORT 04/03/2007 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=REPSER... 2/3 6/20/23, 11:36 AM 03/21 /2006 -- ANNUAL REPORT 04/01 /2005 -- ANNUAL REPORT 03/29/2004 --ANNUAL REPORT 03/17/2003 --ANNUAL REPORT 02/25/2002 --ANNUAL REPORT 01/09/2001 --ANNUAL REPORT 01/20/2000 --ANNUAL REPORT 04/23/1999 --ANNUAL REPORT 01/28/1998 --ANNUAL REPORT 04/23/1997 --ANNUAL REPORT 01/29/1996 --ANNUAL REPORT 03/28/1995 --ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&search NameOrder=REPSER... 3/3