HomeMy WebLinkAboutAmerican Recreational Products Inc RESOLUTION 2019-772
ADOPTED DOC ID: 15520
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-772 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 10, 2019:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and
American Recreational Products Inc. for Playground Equipment Installation and Site
Preparation, subject to the approval of the Town Attorney. Funds in the amount of$260,000.24
are available in H.7110.2.500.400 (Peconic Playground ADA Improvements)
4
Elizabeth A.Neville D
Southold Town Clerk
SEP I ® 2019
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman SUPERVISOR'S OFFICE
CO1NN OF SOUTHOLD
SECONDER:William P. Ruland, Councilman
AYES:, Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
J
r
UIAL
RECEIVED
E®
OCT 7 2019
Office of the Town Attorney Southold Town Clerk
Town of Southold
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary S'illeck
Secretary to the Town Attorney
Date: October 3, 2019
Subject: Agreement between Town of Southold and American
;Recreational Products Inc.
Playground Installation and Site Preparation
With respect to the above-referenced matter, I am enclosing the original
Agreement together with the Resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
cc: Accounting
i .
AGREEMENT
THIS AGREEME ,made
on the 3)Aday of September,2019,by and between the
Town of Southold,a unicipal corporation of the State of New York having its principal
place of business at 5 095 Main Road, Southold,New York,hereinafter called the
"Town"and Americ Recreation Products,Inc.,having its principal place of business at
144-1 Remington Bly.. Ronkonkoma,NY 11779,hereinafter called the"Contractor".
WITNESSETH:
WHEREAS, ontractor has submitted to the Town of Islip a-bid opened in the
office of the Islip To Clerk on April 10,2019,("Bid")in response to the Town of
Islip's playground co struction and installation needs;
WHEREAS,s ecifically referenced and incorporated in said bid proposal was an
undertaking pursuant o the General Municipal Law where in the Contractor agreed that
any bid proposal offe ed could be accepted by other municipalities;
WHEREAS,e fter a public bidding period,the Contractor's bid was awarded and
a contract was then entered into on June 21,2019 between the Contractor and the Town
of Islip,a governmental agency;
WHEREAS, * accordance with§103(16)of the General Municipal Law,the June
21, 2019 contract be een the Town of Islip and the Contractor, and the Extension of
Contract to Political ubdivisions provisions of the bid proposal,the Town of Southold
wishes to `piggyback on to such contract award,a copy of which is attached hereto as
Exhibits`B"and"C';and
WHEREAS,the Town Board of the Town of Southold by Resolution No.
10q•172-adopted on September LO ,2019 authorized the Town Supervisor to enter into
an agreement with th Contractor to perform said playground construction and
installation services t Tasker Parkas set forth in the Estimate#16480 detailed in,Exhibit
NOW,THE FORE, it is mutually covenanted and agreed by and between the
parties hereto as follows:
I. DEFT14ITIONS
Term defined in the Bid Solicitation shall have the same meaning as if
defined herein. For he purposes of this agreement where Exhibits specify"Islip"the
word"Southold"sh 1 be substituted with the same force and effect as contained therein.
II. SCO'E OF SERVICES
i
The Cc ntractor shall perform the services in accordance with the
description of those services as set forth in in Estimate 416480 dated September 18,2019,
the Contract Award Letter 4419-52, and Bid Specifications for Town of Islip Bid 4419-
52 attached thereto as Exhibits"A", "B',and"C",all construction to be completed by
June 1,2020.
III. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until June
1,2020 to complete all construction.
IV. ' PRICE SCHEDULE/COMPENSATION
The co ritractor will charge the Town Two Hundred Sixty Thousand
Dollars and Twenty FDur Cents($260,000.24)for the installation of new playground
equipment at Tasker ark per the specifications of the Bid Specifications for Town of
Islip Bid#419-52 and set forth in Estimate#16480 dated September 18,2019 as found in
Exhibit"A".
V. PAYMENTS
A. The Contractor acknowledges that the source of funding for this
project is from a Community Development Block Grant provided by the US Department
of Housing and\Urb Development(hereinafter HUD). Payment is contingent upon a,
release of funds from HUD. Contractor shall be obligated to generate and submit any and
all requisite HUD rep Drtings prior the submission of a voucher for payment.
The C ntractor shall receive payments for services performed during the
prior calendar month after inspection and approval by the Department of Public Works.
The Contractor shall submit a request for payment on a Town approved voucher form
along with Contracto 's invoice which shall include a summary of the scope of work
performed and certifi d payroll records as applicable.
The Town sh ll pay the Contractor upon the submission of a voucher at the
completion of the p oject. Such voucher shall be due and payable within 45 days after
receipt of such you er, but such sum shall not be due and payable by the Town until a
release of funds lett-,r is received by the Town from HUD, and the Town Board of the
Town has audited apd approved for payment the voucher to be submitted by Contractor
in connection therevrith.
The Town Bo d shall process any voucher received from Contractor as
expeditiously as possible. In the event that the Town disputes or objects to any portion of
any voucher submitted by Contractor pursuant to this paragraph,the Town shall,within
30 days of the receipr of such voucher,notify Contractor in writing of such dispute or
objection. Contractor acknowledges that Contractor is familiar with the requirements of
section 118 of the Town Law which,in effect,prohibit payment of any of Contractor's
-2-
i
claims against the To unless an itemized voucher therefore shall have been presented
to the Town Board or own Comptroller and shall have been audited and allowed by the
Town Board or Town omptroller.
The acceptance y the Contractor of payment shall be,and shall operate as a
release to the Town from all claims and all liabilities to the Contractor for all the things
done or furnished in connection with this work and for every act and neglect of the Town
and others relating to c r arising out of,this Contract,up to the date of the voucher,except
Contractor's claims fo interest upon the final payment,if this payment be improperly
delayed. No payment,however final or otherwise,shall operate to release the Contractor
or its sureties from any obligations under this Contract. -
The Town shall be entitled to deduct from any payment owning to Contractor any
sums expended by the Town to cure any default or other Agreement non-compliance by
Contractor or to protect the Town from loss on account of claims filed or reasonably
anticipated to be filed.
Vi. CONTI LACTOR!S WARRANTIES AND REPRESENTATIONS
Contractor makes the following warranties and representations:
A. Contractor represents that the Town has made no commitment
under this Agreement with respect to the volume of projects to be supplied during the
term of this Agreement.
B. � Contractor warrants that Contractor shall comply with all federal,
state and local laws,ordinances, and regulations applicable to all of the services to be
performed by Contractor.
C. The Contractor represents that Contractor shall utilize its best
efforts to insure that inority and Women Owned Businesses(MBE's and WBE's)have
t the opportunity to pail icipate as subcontractors under this Agreement. in the event the
Contractor subcontrac s twenty-five percent(25%) or more of its work hereunder,
Contractor shall subm it to the Town a WBE Utilization Plan,prior to execution of this
Agreement.
VII. INDEIFCATION INSURANCE/BONDSA. tict
ntractor agrees to defend,indemnify and save harmless the
Town of Southold ag any and all liability,loss,damage,detriment, suit,claim,
demand,cost, charge, attorneys' fees and expenses of whatever kind or nature which the
Town may directly or indirectly incur,suffer or be required to pay by reason of or in
consequence of the Contractor carrying out or performing under the terms of this
Agreement,or failure to carry out any of the provisions,duties, services or requirements
of this Agreement,whether such losses and damages are suffered or sustained by the
-3-
i
Town directly or by it employees, licensees,agents,engineers,citizens or by other
persons or corporatior s,including any of Contractor's employees or agents who may seek
to hold the Town liable therefore. This obligation shall be ongoing,shall survive the
term of this Agreerner t and include,but not be limited to,claims concerning non-sudden
environmental impai ents.
The Contractor shall join in the commencement of any action or
proceeding or in the d fense of any action or proceeding which in the opinion of the
Town constitutes actu il or threatened interference or interruption with the Town's rights
hereunder,including E 11 appeals which,in the opinion of the Town,may be necessary.
B. Contractor shall procure and maintain the insurance described in
Exhibit"A"for a peri d commencing on the date of this Agreement and terminating no
earlier than one year ffillowing termination of services under this Agreement. All such
insurance coverage sb all name the Town as an additional insured and shall provide that
the coverage shall not be changed or canceled until thirty(30)days written notice has
been given to the Tom n. All such insurance shall be issued by a company duly
authorized to transact business in the State of New York and acceptable to the Town and
shall include all ride and additional coverage necessary to insure that Contractor will be
financially able to met its obligations under the foregoing indemnification.
VIII. FORCh MAJEURE
If eithc r party is delayed or prevented from fulfilling any of its obligations
under this Agreement due to any act, event or condition,whether affecting the Town,the
Contractor,or the De tination Site,to the extent that it materially and adversely affects
the ability of either p to perform any obligation hereunder(except for payment
obligations), and ifs h act,event or condition is beyond the reasonable control and is
not also the result of die willfial or negligent action,inaction,or fault of the party relying
thereon as justificatio i for not performing an obligation or complying with any condition
required of such p under the Agreement,the time for fulfilling that obligation shall be
extended day-by-day For the period of the uncontrollable circumstance;provided,
however,that the con esting in good faith or the failure in good faith to contest such
action or inaction sha 1 not be construed as willful or negligent action or a lack of
reasonable diligence f either party. Subject to the foregoing,such acts or events shall
include the following
(l) an act of God(but not including reasonable anticipated weather
conditions for the geographic area of the Town or Destination Site)hurricane, landslide,
lightning, earthquake fire,explosion,flood, sabotage or similar occurrence,acts of a
public enemy,extorti n,war,blockade or insurrection,riot or civil disturbance;
(2) the failure of any appropriate federal, state, county,town or local
public agency or private utility having jurisdiction in the areas in which the Contractor is
-4-
located to provide and naintain utilities,services,water and sewer lines and power
transmission lines whi h are required for the operation;
(3) overnmental pre-emption of materials or services in connection
with a public emergen y or any condemnation or other taking by eminent domain of any
portion of the Contractor's facilities; and
(4) a presence of hazardous waste upon,beneath or migrating from
the Contractor Facilities.
\ It is spe ifically understood that none of the following acts or conditions
shall constitute uncont ollable circumstances: (a)general economic conditions, interest
or inflation rates,or currency fluctuations; (b)the financial condition of the Town,the
Contractor,any of its E ffiliates or any subcontractor; (c)union work rules,requirements
or demands which hav the effect of increasing the number of employees employed
otherwise increasing tl a cost to the Contractor of operating its haul operation or the
Destination Site;(d)equipment failure; (e)any impact of prevailing wage law,customs
practices on the Contrctor's costs; (f)any act,event or circumstances occurring outside
of the United States;o (g)any change in law or in the permit conditions or status.
IX. SUBC NTRACTS
Contractor shall not enter into any subcontracts in connection with the
services to be performed by Contractor hereunder without the prior written approval by
the Town of such subcontracts. All such subcontracts shall make express reference to the
terms and conditions this Agreement and shall obligate the subcontractor to comply
with all applicable fed ral,state and local laws,ordinances or regulations relating to the
services to be perform d under the subcontract. In the event the subcontractor is required
to furnish any insurance or bonds for the benefit of Contractor,the Town shall also be
named as an additional insured or obligee.
X. PREY ILING WAGE RATES
Contra for agrees to comply with the provisions of the New York State
Labor Laws and the F eral Davis-Bacon wage determination relating to the payment of
prevailing wage rates the extent applicable. In the event that at any time during
performance under thi Agreement the Contractor is required to increase the wages paid
to any of its employees as a result of such requirement, all costs shall be borne
exclusively by Contra tor.
XI. DEFAULT
In the event the Contractor fails to perform its obligations under the -
Agreement,the Town may terminate the Agreement,procure the services from other
sources and hold the Contractor responsible for any costs incurred. The Town may also
-5-
i
deduct such costs fron.payments owing to the Contractor. The Town reserves the right
-to terminate the Agreement for just cause.
XII. LIMITATION OF FUNDS
The Cc ntractor agrees that this Agreement shall be deemed executory only
to the extent of the fin ids currently available for the purposes of this Agreement and that
the Town incurs no HE bility beyond those available by authorization of the Town Board
as of the date of this Agreement.
XIII.' DISPUTES/ARBITRATION
Any disputes between the parties to this Agreement may be referred to
arbitration by mutual grcement of the parties. Absent such an agreement,any actions or
claims by either party hereto shall be commenced in Supreme Court, Suffolk County,
New York.
In the vent the parties agree to arbitrate a dispute,such arbitration shall
be conducted in accor lance with the rules of the American Arbitration Association. In
no event shall any der iand for arbitration be made after the date when institution of legal
or equitable proceedir proceed' gs based on such claim or dispute would be barred by the
applicable statute of 1itations. An award rendered by arbitrators following any such
arbitration shall be RE al and judgment may be entered upon it in accordance with
applicable law in any rourt having jurisdiction thereof.
XIV. MISC LLANEOUS
A. This Agreement shall be governed by the laws of the State of New
York.
B. Contractor shall not assign,convey or otherwise transfer its rights
or obligations under V iis Agreement without the prior written consent of the Town.
C. This Agreement,including all Exhibits and documents referred to
herein,along with the Specifications, Solicitation and the Bid,and all Appendices and
Exhibits thereto,rept sent the entire agreement between the Town and Contractor
relating to the service 3 to be performed hereunder. This Agreement may be modified
only by written agree,,nent of Contractor and the Town.
D. To the extent of any inconsistency among the documents
constituting the agreement of the parties,the priority,among those documents shall be:
1. This Agreement;
2. Estimate#16480;
3. Islip Contract Award#419-52;
4. Contractor's Bid#419-52.
-6-
E. ithout limiting any other right and/or remedy which the Town
may have at law or unc er this Agreement, if the Contractor is adjudged bankrupt or
makes an assignment r the benefit of creditors or a receiver is appointed for the
Contractor or any insolvency arrangement proceedings are instituted by or against the
Contractor,the Town may terminate this Agreement.
F. ontractor agrees that it will conduct itself consistent with its
status,said status bein that of an independent contractor and,Contractor, its employees
or agents will neither h old themselves out nor claim to be an officer or employee of the
Town of Southold nor nake claim to,any right accruing thereto including,but not limited
to, Worker's Compens tion,Unemployment Benefits, Social Security or retirement
membership or credit.
G. f any provision of this Agreement shall for any reason he held to
be invalid or unenforceable,the invalidity or unenforceability of such provision shall not
affect any of the remai 'ng provisions of this Agreement and this Agreement shall be
enforced as if such inv ilid and unenforceable provision had not been contained herein.
H. ontractor agrees that it shall not discriminate and that it shall
cause there to be no di crimination against any employee who is employed in the work,
or against any applicai tt for such employment,because of race,religion, color,sex,age,
marital status,handicaor national origin in any manner prohibited by the laws of the
United States or of the State of New York. These requirements shall include,but not be
limited to,the follo g: employment;upgrading, demotion or transfer; recruitment or
recruitment advertisin ;layoff or termination;rates of pay or other forms of
compensation; and sel ction for training.
XV. NOTIC ES
All-not ces required to be given hereunder shall be made in writing by first
class mail addressed follows:
If to th Town: Supervisor of the Town of Southold
Town Hall
53095 Main Road
P:O.Box 1179
Southold,New York 11971-0959
With a copy to: Department of Public Works
Town of Southold
53095 Main Road
P.O. Box 1179 ,
Southold,NY 11971-0959
If to th Contractor: American Recreation Products, Inc.
144-1 Remington Blvd.
Ronkonkoma,NY 11779
-7-
XVI. RE UI D PROVISIONS OF LAW
Each and every ovision of law and clause required by law to be inserted in this
Contract shall be deemed to have been inserted herein. If any such provision is not
inserted,through mist a or otherwise,then upon the application of either party,this
Contract shall be phy 'cally amended forthwith to make such insertion. In particular,the
Contractor shall,amo g other things,fully comply with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the
Civil Rights Law relating to prohibition against discrimination and
provi ' g equal opportunity.
(b) Affirm five action as required by the Labor Law.
(c) Preven 'on of dust hazard required by Labor Law section 222-a.
(d) Prefere ace in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
(f) The p ies hereto,in accordance with the provisions of section 220(3)of
the Labor Law,hereby agree that there shall be paid each employee
engage in work under this Contract not less than the wage rate and
supplei nents set opposite the trade or occupation in which he/she is
engag ,which are the wage rates and supplements established as the
prevailing rate of wages for the work covered by this Contract.
i. Labor classifications not appearing on the schedule of wages can
be used only with the consent of the Owner and then the rate to be
paid will be given by the Owner after being advised by the
Department of Labor.
ii: The Contractor shall post in a prominent and accessible place on
the site of the work a legible statement of all wage rates and
supplements,as specified in the Contract,for the various classes of
mechanics,workingmen/women,or laborers employed on the
work.
XVI. AUTHOPITY FOR EXECUTION ON BEHALF*OF THE TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by
the Town Board of the Town of Southold,at a meeting thereof held on September
2019. Scott A. Russel.,Supervisor,whose signature appears hereafter,is duly authorized
and empowered to ex cute this instrument and enter into such an Agreement on behalf of
the Town. This instm nent shall be executed in duplicate. At least one copy shall be
permanently filed,aft r execution thereof,in the office of the Town Clerk,Elizabeth
Neville.
-8-
IN WITNESS 'WHEREOF,the parties hereto have executed this Agreement on
the day and year first a bove written.
TOWN OF SO OLD
By:
S tt A.Russell,Supervisor
AMERICAN RECREATION PRODUCTS,
INC.
By:
OP-AEL6
STATE OF NEW YO )
)ss.:
COUNTY OF SUFFOLK)-
On
UFFO K)'On this da of September in the year 2019 before me,the undersigned,
personally lRj;—Q - e wv) Authorized Agent of American Recreation Products,Inc.
personally known to a or proved to me on the basis of satisfactory evidence to be the
individual whose nam is subscribed to the within instrument and acknowledged to me
that he executed the s e in his capacity and that by his sign a on the instrument,the
individual or the person upon whose behalf of which the' ' 'dual acted,executed the
instrument.
Notary PubliaCHAEL H.POLLMANN
Nu.4913857
Notary Public,State of New York
STATE OF NEW YO-RX) Qualified in Suffolk Count
Commission Expires 111301
SS.:
COUNTY OF SUFF LK)
On this da of September in the year 2019 before me,the undersigned,
personally appeared S'-OTT A. RUSSELL,personally known to me or proved to me on
the basis of satisfactbr y evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity and
that by his signature o a the instrument,the individual or the person upon whose behalf of
which the individual acted,executed the instrument.
4Q.i'.l.(l h YI') Z& h
Notary Public
LAUREN M.STANDISH
Notary Public-State of New Y**
No.01 ST6164008
Guatified in Suffolk County
Commission Expires April 9.2023
-9-
Exhibits-
Exhibit"A"
"ERICANRECREATIO AL
PRODUCTS Estimate
144-1 REMINGTON BL VD
RONKONKOMA NY 1177 Date Estimate#'
(631) 244-0011 9/18/2019 i— 16480 "
-(63.0_750-2624 (FAX) - — �_•--------
-Name/Address
TOWN OF SOUTHOLD RECREATION
970 PLCIONIC AVENUE
SOUTHOLD,NY 11971
-P.O.No. -- I ---Terms - - FOB -- - Vl—AR JOB NUMBER—
-
Item Description Qty Cost Total
-- -TASKER PARK C PTION 2---
PREP -SUPPLY AND INST LLI,4,700 SF RCA AASH a 8.5" 4,700 8.50 39,950.00
TO READY SITE FO POUR IN PLACE(4" a $4.00)
MISC -SUPPLY AND INST LLL 294 LF 2x6 ON EDGE(NO 0.00 0.00
CITARGE) -
119-112712-2 -NUCLEUS/INTENS ITY INCLUSIVE PLAY 1 130,973.00 130,973.00
STRUCTURE AGES -12
-3 BAY ARCH SWING S OD POST 2 STRAP SEATS,
2 Tar SCATS,2 ADA FREEDOM SEATS
-VOLITO SWING
DISCOUNT TOWN OF ISI2P CMr1RACT#419.52 -1,309.73 -1,309.73
INSTALLATION INSTALLATION OF ALL EQUIPMEN THROUGH 58,937.85 58,937.85
SOIL FROM DRAWR IG 1 t9-112712-2
POUR IN PLACE 4,700 SF(100'x 47') 0%STANDARD COLOR/50% 4,700 11.34 53,298.00
BLACK POUR IN P CE SAFETY SURFACE @a 3.51-
DISCOUNT
.5"DISCOUNT TOWN OF ISLIP CONTRACT 4419.52 -532.98 -532.98
INSTALLATION INSTALLATION OF 4,700 SF POUR IN PLACE 23,984.10 23,984.10 ?
SURFACING
FRT DELIVERY To SOUI HOLD,NY 11971(NO 0.00 0.00
CHARGE)
DISCOUNT COURTESY DISCOU 9T -45,300.00 45,300.00
***QUOTE IS VALID FOR 30 DAYS
ADDINS •'#AML•RICAN RECREATION PROVIDES OUR 0.00 0.00
STANDARD INSURANCE ONLY.ALL OTHER
INSURANCE REQUI EMENTS WILL BE AT TI IE
EXPENSE OFTIIE C AENT ;
***TOWN OFSOUT1 OLD TO BE RESPONSIBLE
FOR THE FOLLOW! G:
-ACCEPT DELIVER OF EQUIPMENT/ i
TRANSPORT TO Wl HIN 50'OF INSTALLATION
AREA
-SITE UTILITY MARK OUT(PUBLIC&PRIVATE)
We look forward to doing busincss with you, i Tota[ I
Page 1
AMERICANRECREATI NA.L
PRODUCTS
144-1 REMINGTONRL Estimate
RONKONKOMA, NY 117 9 Date `Estimate#
(631) 244-0011 - "
9/18/2019 164800
(631) 750-2624 (FAX)
Name/Address
TOWN OF SOUTHOL D RECREATION
970 PECIONIC AVENUE
i SOUTHOLD,NY 11971
_P.O.No.-- -� Terms - FOB +� AR JOB NUMBER
� - _ _ ._ �
Item Description Qty Cost Total
_.___ ----•-REMOVE AND CA RT EXISTING PLAY —�-- — —•i---- --�-—
EQUIPMENT AND 3ENCHES W/FOOTINGS
-EXCAVATE,GRADE AND CART 4,700 SF(100'x
( 47) SAND/SOII. 121-
-RELOCATION
2"-RELOCATION OF ORTABLE TABLES
I -CLEAR ACCESS T WORK AREAS(10'GATE I
i OPENINGS MAND TORY)
-ON SITE PARKIN FOR WORK VEHICLES,
MACHINERY AND CONTAINERS
TOP SOIL AND SE D DISTURBED AREAS
-AFTER HOURS SE URITY
*
"THE FINAL CO WILL BE DETERMINED
FROM THE ACTU QUANTITIES OF WORK
COMPLETED AND STALLED.THIS
BREAKDOWN ISA SO BASED ON OUR
INTERPRETATION F SITE WORK AND
DRAWINGS.AMERCAN RECREA11ONAI,
PRODUCTS RESER IES THE RIGHT TO AMEND -
OUR ESTIMATE SE OULD FIELD CONDITIONS BE
SIGNIFICANTLY D FFFRENT FROM THIS
PROPOSAL.
SALES TAX 8.625% 0.00
We look forward to doing business with you,
Total a260,00.24
Page 2,
Exhibit"B"
TOWN OF ISUP OF ICE OF THE SUPERVISOR
•
Del adment of Purchase
401 MAIN STREET•ROOM 227 • ISLIP, NEWYORK 11761 • PHONE:(631)224,6616 • FAX:(631)2245517
Angle m.carpenter.Supervbor
June 21,2019
American Recreation Prodt cts
1535 Locust Avenue
Bohemia,NY 11716
RE:PLAYGROUND/PLAY EQUIPMENT
&SITE AMENITIES CATALOGS
(PLAYWORLD SYSTEMS;LITTLE PIKES;
MID-ATLANTIC PRODUCTS;BURKE
PREMIER PLAY ENVIRONMENTS(OR
EQUAL);
CONTRACTf.419-S2
Gentlemen:
Please be advised that the own Board of the Town of Islip at a meeting held on June 18,2019
has awarded you the abov contract as per the attached resolution.
Please do not proceed until you receive a purchase order from the purchasing department.
Very truly yours,
MR:bm Michael Rand
Att. Director
cc:A.Abbate,Director Hun an Relations
File
r
June'18, 2019
Bid Award #7
• y WHEREAS,the Town solicited competitive bids for the purchase of PLAYGROUND/PLAY
EQUIPMENT&SITE AMENITIES CATALOGS(PLAYWORLD SYSTEMS,LITTLE TIKES;MID-ATLANTIC
o ,
PRODUCTS;BURKE PREMIER PLAY ENVIRONMENTS.(OR EQUL),CONTRACT#419-52;and
WHEREAS,subsequent to said award,It was determined that due to a ministerial error,
one(1)bid Item was Inadvertently not awarded.
NOW,THEREFORE on a motion of Council 'Trisb Bergin Veicbbrodt
seconded by Council. ijimes P. Of Connor be it,
RESOLVED,thatthe Town Board of the Town of Islip hereby award the omitted Item E
(Alternates—BCI Burke TO )to American Recreation Products until December 31,2022.
Upon a vote being taken,the result was: 4-0-1 with Council Mary Kate Mullen abstains
l
Exhibit"C"
GROUP SPECIFICATION
PLAYGROUND/PLAY EQUIPMENT&SITEAMENITIES CATALOGS
PLAYWO W SYSTEMS;LITTLE TIKES;MID-ATLANTIC PRODUCTS;
BLI RKE PREMIER PLAY ENVIRONMENTS(OR EQUAL)
PROPOSAL NUMBER APRIL 10,2019 12:00 A.M.
419-52
PLEASE USE INK OR TYPE WRITER American Recreational Products Inc
PREPARING YOUR BID. 1111 SURE IS35 Locust Avenue
YOU HAVE INSERTED YO JR Bohemia,NY 11716
COMPANY'S`NAME AND ADDRESS 631-244-0011
EMAIL ADDRESS boWamericanrecreational.com
ADDENDUM 1�2
THE PRICE PAGE FOR THE ABOVE BID IS INCORRECT. THE PRICE LINE FOR'SITE PREP/
STONEWORK'SHOULD B 'SQ.FT.'
WHEN SUBMITTING YOUR BID PLEASE USE THE CORRECTED PRICE PAGE ATTACHED.
Robert J.Br ice President
s/playground equipment 2 319
addendum 1
i
GROUP SPECIFICATION
PLAYG OLIND/PLAY EQUIPMENT&SITE AMENITIES CATALOGS
PLAYWC RED SYSTEMS;LITTLE TIKES;MID ATLANTIC PRODUCTS;
B RKE PREMIER PLAY ENVIRONMENTS(OR EQUAL)
PROPOSAL NUMBER APRIL 10,2019 11:00 A.M.
419-52
PLEASE USE INK OR TYP WRITER American Recreational Products Inc
PREPARING YOUR BID. 3ESURE 1535 I.ocust Avenue
YOU HAVE INSERTED YC UR Bohemia,NY 11716
COMPANY'S NAME AND ADDRESS 631-244-0011
EMAILADDRESS
THE BIDDER WILL FURNI H A DISCOUNT OFF EACH CATALOG,AS SPECIFIED:
A. PLAYWORLD SYS 'EMS fOR F. UAL
CATALOG ATE&EDITION
36 OF LIST PRICE FOR INSTALLATION
SITE PREP/STONEWORK $__fsq.ft.
B. LITTLE TIKES OR E PLAJL
CATALOG ATE&EDITION
46 F UST PRICE FOR INSTALLATION
SITE PREP/ ONEWORK
C. MID-ATLANTIC PRODUCTS.INC ORE UAL
CATALOG DATE&EDITION
�6 F LIST PRICE FOR INSTALLATION
SITE PREF/STONEWORK
D. BURKE PREMIUM LAY 012E UAL) 1%
CATALOG D .TE&EDITION 2019
45 %OF LIST PRICE FOR INSTALLATION
SITE PREP/STONEWORK $ 4.00 sq.ft.
E. ALTERNATE(S)(PrIr t Name) IiCI Burke Tile 1 %
CATALOG D TE&EDITION 2014
45 %C F LIST PRICE FOR INSTALLATION
SITE PREP/ ONEWORK $ 4.00 sq,ft.
"*Sec Additio al Sheets For F.. Altcrnalcs"
s/playground equipment 2C19
GROUP SPECIFICATION
PLAYGR UNP/PLAY EQUIPMENT&SITE AMENITIES CATALOGS
PLAYWO1 ILD SYSTEMS;LITTLE TIKES;MID ATLANTIC PRODUCTS;
BU KE PREMIER PLAY ENVIRONMENTS(OR EQUAL)
PROPOSAL NUMBER APRIL 10,2019 12:00 A.M.
419-S2
PLEASE USE INK OR'TYP1 WRITER American Recreational Products Inc
PREPARING YOUR BID. 1 iE SURE 1535 Locust Avenue
YOU HAVE INSERTED YO R Bohemia,NY 11716
COMPANY'S NAME AND ADDRESS 631-244-0011
EMAIL ADDRESS o @americanrecreationa.Com
THE BIDDER WILL FURNIS A DISCOUNT OFF EACH CATALOG,AS SPECIFIED:
A. PLAYWORLD SYSI EMS OR E UAL
CATALOG I ATE&EDITIQN
95 F LIST PRICE FOR INSTALLATION
SITE PREP/ TONEWORK
Tl K
B. LITTLE E5 OR UAL
CATALOG ATE&EDITION
45 F LIST PRICE FOR INSTALLATION
SITE PREP/STONEWORK
C. MID-ATLANTIC a DUCTS INC IORE UAL
CATALOG ATE&EDITION
°10 F LIST PRICE FOR INSTALLATION
SITE PREP/ ONEWORK, $___fsq.ft.
D. BURKE PREMUM LAY ORE UAL)
CATALOG 1] TE&EDITION
90 OF LIST PRICE FOR INSTALLATION,
SITE PREP/STONEWORK
E. ALTERNATE(S)(Pri it Name)The Mbar Group I gs
CATALOG O ATE&EDITION 6-18
50 %OF LIST PRICE FOR INSTALLATION
SITE PREPS ONEWORK ' $ 4&( /sq.ft.
-'''"See Additional Sheet. For E. Alternates"'
s/playground equipment 2 19
i
GROUP SPECIFICATION
PLAYG OUND/PLAY EQUIPMENT&SITE AMENITIES CATALOGS
PLAYW F LG SYSTEMS;LITTLE TIKES;MIO-ATLANTIC PRODUCTS;
B RKE PREMIER PLAY ENVIRONMENTS(OR EQUAL)
PROPOSAL NUMBER APRIL 10,2019 110 A.M.
419-12
PLEASE USE INK ORTYP WRITER American Recreational Products Inc
PREPARING YOUR BID. BE SURE 1535 Locust Avenue
YOU HAVE INSERTED YOUR Bohemia,NY 11716
COMPANY'S NAME AND ADDRESS 631-2440011
EMAILADDRESS bob@americanrecreational.com
THE BIDDER WILL FURNI SH A DISCOUNT OFF EACH CATALOG,AS SPECIFIED:
A. PtLY_WDRUD SYSTEMS(OR EQUAL)
96
CATALOG DATE&EDITION
OF UST PRICE FOR INSTALLATION
SITE PREP FSTONEWORK /sq.ft,
B. LITTLE TIKES ORU L %
CATALOG ATE&EDITION
OF LIST PRICE FOR INSTALLATION
SITE PREP STONEWORK $ �sq,{t.
C. MID- TLANTIC P ODUCTS INC OR EQUAL)
CATALOG ATE&EDITION
`4b OF LIST PRICE FOR INSTALLATION
SITE PREP ONEWORK $`fsq,ft,
D. BURKE PREMIUM Y OR UAL
CATALOG ATEA EDITION
-k F LIST PRICE FOR(INSTALLATION
SITE PREP/ ON€WORK $s�sq.ft.
E. ALTERNATES)(Pr nt Name)piliglayI gS
CATALOG ATE&EDITION 2019
--L5—% F LIST PRICE FOR INSTALLATION
SITE PREP/ ONEWORK $ 4.00 jsq.ft.
s/playBround equipment 019
GROUP SPECIFICATION
PLAYGR UNP/PLAY EQUIPMENT&SITE AMENITIES CATALOGS
PLAYWO SYSTEMS;LITTLE TIKES;MID-ATLANTIC PRODUCTS;
BU KE PREMIER PLAY ENVIRONMENTS(OR EQUAL)
PROPOSAL NUMBER APRIL 10,2019 21:00 A.M.
419.52
PLEASE USE INK OR TYPI WRITER „American l ccreational Products Inc
PREPARING YOUR BID. 19 SURE 1535 Locust Avenue
YOU HAVE INSERTED YO JR Bohemia,NY 11716
COMPANY'S NAME AND ADDRESS
EMAIL ADDRESS hnboamericanrecreational.com
INTENT: It is the Intent to obtain discounts from the fallowing play equipment and site
amenities catalogs:
PIa world Systems(or equal)
Lid e Tikes(or equal)
Mi Atiantic Products,Inc.(or equal)
But ice Premier Play Environments(or equal)
Discount is to be based o 1 PER=o F QMLOG EACH PRICE.
PRICE: Price shall be net .O.B.PARKS WAREHOUSE,50 IRISH LANE,EAST ISLIP,NEW YORK ,
11730 or ANY POINT INT IE TOWN OF ISLIP INCLUDING FIRE ISLAND and shall remain In effect
from date of award until ECEMBER 31,2022 under the same terms and conditions.
NMI -Price to In lode removal of packing/debris
-No charge for'off loading'
SITE PREP/5T0 E WORK: Bidder shall provide cost of sub-base worts for all surfacing styles
available in catalog as a prcent(%)of list price. The Town reserves the right to utilize bidder
for preparation of propos d sites for installation of surfacing,Including but not limited to
grading,subbase installs on and similar applications. The Town also reserves the right to
perform it own sub-base ork.
SPECIFICATION REFEREN : To be attached and made part of this bid form.
Wherever In the contract i locuments any material or any item of equipment is defined by
describing a proprietary pi oduct or by using the statement,"as manufactured by",It is the
intent ofthe Purchasing D partment that this shelf describe the quality of material,method of
manufacture and the dinic nsions. This procedure is not Intended to limit bidding on such
items,but rather to establ sh by reference to acceptable existing products a standard of quality
i
to which the Items furs shed on this contract must conform. The decision of the Purchasing
Department and the CD nmissioner of Parks,Recreation&Cultural Affairs shall be final as td
acceptable alternates.
DELIVERY: Unless sped cally noted at the time of purchase,the Town of Islip will not accept
delivery after Installatio i Is complete. The Town of Islip's installation Agent will be responsible
for accepting delivery tt rough date of completion. The vendor will be responsible for
coordination with the 1 Ilation Agent.
i7A ; Quantltles re Indefinite;however,the contractshall be for the amount actually
ordered during the contract period.
PACIfAGING: All Items lamished must be new and In the manufacturer's individual original
standard packaging,cle dy marked as to part number and contents.
PRICE CATALOGS: Upor request,at no charge to the Town,contractor shall furnish a complete
catalog to the using age cy. Upon request;the contractor shall assist the using agency in the
use of the catalog. It wl 1 be the successful vendor's responsibility to provide the using agency
with a price revised cate tog ten(10)business days prior for the Town's approval of increase of
prices. Failure to do so 1 YIII rest in the Town using price catalog available at time of issuance of
order.
81DEDER QUALIFICALIO S:Company must be authorized to do business in New York State by
New York State Departn ent of State.
PREY IUNG ME ; The prevailing wage rates for this contract are provided on the
Internet for bidding put ores. They can be obtained by visiting the New York State Department
of L,aboes website and a itering PRC##2019002735. Vendor 1s required to pay the prevailing
wage.
EFENSE AND INDEMNI KATION- The successful vendor shall assume all risks incidental to or
in connection with the b siness to be conducted by it pursuant to this bid award and shall be
responsible for all accid nts or injuries of any kind or nature,to persons or property caused by,
resulting from,arising o t of or occurring in connection with the performance of the work or
services specified. Vend r shall indemnify,defend and hold harmless the Town,its authorized
officers,employees,age is and representatives from and against all claims,suits,tosses,
damages or injuries to p rson or property,Including attorneys'fees and cost of litigation,
arising directly or indire ly out of the bid awarded herein. Vendor's indemnification
obligations hereunder a e not limited to and shall survive independent of the limitation of any
such policies or Insuran that the vendor may have in place.
INSURANCE: The succe sful vendor shall promptly,at Its sole cost and expense obtain a
General Commercial Ua ility Policy in the amount of One Million Dollars($1,004,000.00). Said
insurance shall be maintained with Insurance underwriters authorized to do business In the
I -
State of New York satlsfa aory to the Town. All policies shall name the Town,its officers,
employees,servants and agents as additional Insureds. Vendor shall promptly fumish the Town
with duplicate insurance policies and certificates o{.insurance from Its insurance underwriters
showing such insurance alicles to be in compliance with this paragraph and in full force and
effect during the entity this bid award contract: Vendor's liability Insurance shall be
considered primaryand I he Town's liability insurance,if any,shall be considered excess liability
for each and every claim arising as a result of this bid award contract.
MogjggSl COMPENSAT ON AND DISABIUTY : The vendor shall take out and
maintain,during the life f this contract,Workers'Compensation and Disability Benefits
Insurance for all its empli iyees employed at the site of the project In case of any ofthe work
being sublet,the vendor hall require the subcontractor similarly to provide Workers'
Compensatlon and Disalily Benefits insurance for all of the latter's employees,unless such
employees are covered y the protection afforded by the vendor.
CE TIRCATION BY NSU NCE BROKER OR ADIENT: The attached Certificate must be
completed,signed,nota Iced and returned with the above mentioned insurance requirements.
RETURN ADDRESS: ALL IDS TO BE ADDRESSED TO:
TOWN OF ISUP
PURCHASING DEPARTMENT
401 MAIN STREET,ROOM 227
ISUP,NEW YORK 11751
ADDENDA AND ItETAT ONS: Every request for information or interpretation of the
Contract Documents er rawings must be addressed In writing to Mr.Michael Rand,Sown of
islip,'Purchasing Depart. ent,401 Main St.,Room 227,Islip,NY 1.1751 and to be given any
consideration must be r calved at least five(5)business days prior to date fixed for the opening
of bids. Any such Interp etation or supplemental Instructions will be in the form of written
addenda and will be mat ed to all prospective bidders. The fallure of any bidder to receive such
addenda will not relieve he bidder of any obligation under his bid as submitted. Any addenda
so issued shall become part of the Contract Documents.
!jO1VJRRNJNGLAWABL0 DRU SELECTIO : Any dispute arising under or in connection with
this contract shall be br ught only in the state courts located In Suffolk County,New York. The
contractor consents tot te exercise of jurisdiction bythe Courts of the State of New York.
OTE: Any changes ma a to the Town's terms and conditions may cause the vendor's bid to
be disqualified.
i
gUANTnY REPORTS: It III be the responsibiilty of the successful vendor to supply the Town
with year-to-date reporb Indicating quantities purchased and/or man-hours provided. This
report shall be submitted to the Town within two(2)-weeks of request
NO BID SHALL BE WITHD tAwN NOR PRICE INCREASED FOR A PERIOD Of FORTY-FIVE(45)
DAYS AFTER BEING PUB CLY OPENED AND READ.
OID SUBMISSION: AMI DS TO BE SUBM11 TED 112-A SEALED ENVELOPE-NO FAX OR EMAIL.
O gESpONSIBILgy SHA L ATTAC TO ANY PERSON OR PERSONS fOR P 'TUR£OP NG
OF BIDS NOT PROPERLY 8L R LED.
THE ISUP TOWN BOARD tESERVES THE RIGHT TO WAIVE ANY FORMALITY AND/OR
INFORMALITY OR TO RECT ANY OR ALL BIDS RECEIVED OR TO AWARD A CONTRACT TO ONE
OR MORE BIDDERS FOR ITEM,GROUP(S)OF ITEMS OR ALL ITEMS OF THE BID,WHEN IN
THE OPINION OF THE N BOARD,SUCH AN ACTION WILL BE IN THE BEST INTEREST OF THE
TOWN. IN THE EVENTS DS ARE REJECTED OR NO BIDS ARE RECEIVED,THE PURCHASING
DEPARTMENT 15 AUTHO IZED TO RE-ADVERTISE FOR BIDS.
PLEASE NOTE: BIDDER USTCOMPLETE AND SIGN THE DISCLOSURE STATEMENT,PROVISION
I,PAGE 2 OFTHE BID PR POSAL FORM AND CERTIFICATION FORM REGARDING THE FEDERAL
IMMIGRATION AND NA ONALITY ACT.
TF(
lS CANTRACT MAy BE MADE, VA_LABLE•FO .USE By OTHER NEW YORK STATg04TIJId.
i
luap}sasd SFA "*IO.LKNDIS 30 MJTI
umo.ig•( agog :80WVI1DIS d0 MWfj
ouI wnpoxd pu0plaJOag ueauacuVIMIO OO JO OWN
dN�YS •t�)uQ
'piq dt pgss,moi
30 PoPad u PPI oTdPsl;owuoy alova. �o�uoo&e 8m o�I M04 Pw.Wah(I)acro
L.Rjo mAq. fs m g� ftpmd o;gi�Paiq�q III 3lnsar r�
PUB;wmsaft SMI Ja qmmq PPa;NmB off Tim;DV14, mom Pw tcopson*
PRAW AtR3o SUOWord OW;O UDMIOIA u Pqj snag sF.coM4VO3-j,
aF a MU.gM RM so Api IEF&dng;o twoy s�et►ts sI iesazoie s*so s ocoD'E
'ate qmO=Eldcwo OF sI 30;m4uOD 14)
PaZPDVw=Ja IcwuKoldara atP 14Ia. d tpPI&`,"Z£I pus:walls
'�'7s,n 8 Imq`#�►Apw?>et�
Pw UOPV&pMR IMPa3 a��o BUOWoxdop jo OMIAV sF 10VOMOD )
:yap d1p7jo=01 NO 0;POP=ID)OsMoa"MWop OR SIMMOM Ain
�ogeoggiao OR aIMM o)pa pWv tlnp samaa oopsrodmo/d qmupd o
PaorMOPUP(Ins/a BY io Im4uoo poxaum aqg i aolon4wo a�sF S�Iq'i = P
saM;mA p0n BILL
AILOZ 601 mmw '�gQ
zs--6T� oQa�BquvJ '
i
i
of °4a TOWN OF SUP PROPOSAL NUMBER
�ePURCHASING D RECTOR k19-52
• � 40Nassau A enue PROPOsALOPENING
loop,N.Y.Y 761 Data:
April 10, 2019
Zratet 11:00 A.M.
COMMODITY GROUP
Playground Equip. etc.
CONTRACTPFPJCD
From date of award until Dee. 318,
2022
SPEClFWAMON REFERENCE
Aa ftmMortbd herein
Under the provisions of Ardele SQA General Municipal Law,sealed proposals will be received by the Town Purchasing
Director at the above address for f1 Irnlehing the Items herein listed loTown Agencies.See"Bitlppfng InformatloW form
for Lavation ofAgenolee.
INSTRUCTIONS
1.This proposal Is signed by the p poser with full knowledge and acceptance of all the provisions of the GENERAL
SPECIFICATION,the PROPOS 1 and the GROUP SPECIFICATION.
2.Your proposal l>t= be submilted on this form.(Duplicate copies are required)
a.If security is required,it will be stipulated In this proposal,
4.This form llitfffi be completed In the name of the proposor,corporate or other and must be fully and properly
executed by art authorized pens n.
6.Se sure to read the reverse side of each page and to complete the appropriate sections,and read all of the
following provislona,
6.Record the required Information n the envelope containing the sealed proposal,
7.If you are not submitting a propt sal,tear off the front sheet of this proposal,till in the necessary infoar atlon and
realm it to this office before the planing date.Please do not return the entire proposal when not eu4mftting one.
8:A full disclosure statement must be filed out In its entirety with every,proposal submitted.(PROVISION 1)
Name of Propoeer American Recreational Products Inc
Employer's Federal tdentifioatlon . 11-9220395
Address 1535 custAvenuetohemla,NY11716
Signature of proposor
Official Mile Vice Pre-
Printed or Typed Copy of Slanatun i.Robert I.Brown
Telephone Number -631,244-0011
Merle where apprWato:
We are not submitting a proposal
We request removal of our name fi om the mailing list
i
pROVIBfoN 1 -DISCLOSURE STATEMENT
In connection with the submteslon f this proposal for Playground Equipment and Site Amenities Catalogs
.. American Recreational Produ is Inc
(ltcttn al f?otoraomtr
Robert J.Brown
the lappttoent herein),an Offloer ar agent of the corporate appltoartt namely Its Vice President
'(swears)or(a firma)under the altles of perjury that.
1.The following perms have a dh d or iRdireot Interest In this proposal: ass, eav va.
,Obcd L BMM 10 Canterbury Ct Oakdale,NY 11769 - -6
1620 Aft= oftdom
Kevin G.Brown 428 Astot Drive Sayville,NY 11782 4-25-57
AftW
ams of aM
Am= omafazn
N„ Mists easaoem
'On=out phrases that are not plloabie.(In am of corporations,all•olticere of the ocrporalton,and stooldtotdere
c"Ing more 0tart 696 of tho oorprate stook must be hated.Altaoh an additional ahest,I necessary).
2.The following persons hated In(1)above am related by blood or marriage to an o1EOor of MOWN of thiol
Town of M4" Robert-Husband Legislative Secretary to
Robert&Kevin Brown Kevin-Brother In Law Ph llis Brown Councilwoman Mullins
fare Ro xrt-Father ea�m.iiaemo�rfra°
Robert&Kevin Brown K vin-Uncle Alicia Hendel Citizens Advocate
�,„ t�rra�loaorr
S.The following pomons doted I 1(1)above are atMe or local officers or employee%or membere of a bowl of
commleeloners or local pubili i aartborides,or other public corporation Wilith Suffolk(exclusive-of a volow
tear Braman or ob l deldose i clunteer):
Kevin G Brown resident American Recreational Vice Chairman Islip Planning Board
RM, ST0469 r
P#3
False statements made heroin ars pUnM41e,at laast,as a Glass A misdemeanor pumustit to 621 OM or gZ0A of
the Penal Latin.
ptfnt 1&jm Robert 1.Brown
(
(Corporate arta,It any)
1Mbtess;
Stage of New York
On the day of Qf7 , �ip q . be f me po naliy ��7L,
I*me known to be a Individuef s ed in and who execut d th for oln In ht d h lshe aoknowladgod
to me that he%he executed the sa Tie.
ROSA NeOiry oto
RK
NOTARY PUBLIC-STATE Of NEW YO
No. 01 C06 r 4476
Qualified In Suffolk's
My commission up"o>
i
PROVISION 2-LOCAL LAW NO.2 '
A local law ensuring fair employrr ant practices,effective September 14, 1866,states:
Section 1.it shall be unlawful for any person engaged In the construction,alteration ar repair of any building,prepot
or any public works of any kind, or enjoying any contract, franchlae, sub•contraot or any other contractual awards
Issued by the Town of Islip, tosarlmtnate against any qualified employee or qualified applicant for employment
because of teas,Breed,oolor,s cr notional origin.
Section 2.The Town of!slip,and all of its contraoting agencies and departments shall include In ail public oontreds
hereafter negotiated or renegotlat d by them a provision obligating the contractor not to disodanato against any qual-
Ned employee or gtmNed apps!oa nt for employment because of race,creed,color,sac,or national origin.
Section 3.Any person,firm,or co oratlon who shall violate any of the provisions of aeollon one or section two he*
of shall,upon conviction,be guilty of any offense,and shall be punished by a fine of not more than two hundred MY
dollars or by imprisonment for not more than thirty days,or both.
Goction 4. The Volallon of aeotion vire or section two hereof, and a conviction thereof, shall constlhite a materiel
breach of canttaot by srrah person with the town,and the Town of Islip,may,in Ite discretion,terminate sold contract.
sectica 6.This!cosi law shall taki i effect Immedlately.
PROVISION 3-Plroposai
Notrocliusive bidding certification. By submission of this proposal,each proposor,and each peraon signing on behalf
of any proposer,certifies, and In 11 a case of a joint proposal each party thereto oartiffes as to Its own organization,
under penalty of perjury,that to the best of his/her or their knowledge and belief.
(1)The prices of this proposal hav been arrived at Independently without collusion,consultation,communioation or
agreement for the purpose of r sMoftng competition,as to any matter relating to such prices with any other pro•
posor or with any competittor,
(2)Unless otherwise required by li w,the prices which have been quoted In this proposal have not been!glowingly
disclosed by the proposor and w U not knowingly be disclosed by the proposor prior to opening,directly or indirectly,
to any other proposor or to any compefitm and
($)No attempt has been made or ti II be made by the proposor to Induce any other person,partnership or corporatlon
to s0bmlt or not to submit a pro iosal for the purpose of restricting compotttlon.
NATE,
General Municipal Law 5103-d fu 1her provides thatr
A proposal shall not he con idered for award nor shall any award be made where(1) (2)and(3)above havo
not been compiled with;provided hc wever.that if in any case the proposor cannot make the foregoing Certification,the
proposor aid so state and shall ft mish with the proposal a signed statement which sets forth in detail the reasons
therefore.Where(1)(2)and(3)ab 5ve We not bean oompliad with,the proposal shall not be consldared,for award
nor shall any award be made unloc s the head of the purchasing unit of the political subdivision,public department,
agency or official thereof to w1iloh the proposal is made,or his designee, determines that auoh discloaure was not
made for the purpose of testdoting competition.
The fact that a proposor be (a)published price[lata,rates,or tariffs covering Items being procured, (b)has
Informed prospective customers of proposed or.pending publication of new or revised price lists'for such Items,or
(c)has sold the same Items to othei customers at the same prices being proposed,does not constitute,without more,
a disclosure within the meaning oft is paragraphs(1)(2)and(8)above.
Any proposal hereafter madt to any political subdivision of the state or any pubilo department,aganoy or'official
thereof by a corporate proposor for mork or services performed or to be performed or goods sold or to be sold,whero
competitive proposing Is required by statute,rule,or looal law regulation,and where such proposal contains the oer lfi-
cation sot forth above shall be dee ed to have been authorized by the board of directors of the proposor and such
authorization shall be doomed to Include the signing and submission of the proposal and the inclusion therein of the
oed(ftcats as to non•ooifuelon as th act and deed of the corporation.
PROVISION 4
Tax provisions: Purchases mad by the Town of ldp,are not subject to state or local sales taxes or federal sxolse
taxes.
To satisfy the requirements of the NOW York State sales tax either the purchase ardor issued by an agency or(Oft
-
ton of New York Slat$for suppil is or equipment or the voucher forwarded to authorize payment for such supplies end
equipment will be suftfoleht evIdE noo that the sale by a contractor or vendor was made to an exempt arganizattor►pur-
suant to§tt16(a) (1)of the Tax w.
Fxamptlon certificates for federal excise taxes will be furnished upon request,by the Town Gomp ffer,665 Main ts`beet,
Islip,N.Y.11751. ,
No person,firm,or corporator 10,however,exempt from paying the New York State truck mileage, Unemployment
Insurance or federal social secul ftY taxes-
PROVISION S-Price Wish in
IMMY omrrm
PROVISION 6 a Refusal to Wlin a walear of-Immuntty or to answer a relevaRt quostlon
Upon the refueat of a perecn,lute in called before a grand jury,head of a state depar4nent,temporary GWO siaarm00-
Ston or olhsratto agency,the an anzod orlme•task force In the department of law,heats of a city depattrnent,Or other
city agency,which is empowered o compel the attendance of-witnesses and examine them under oolh,to testify In an
. Investigation canceming any trai section or contract had with the state, any political subdivision thereof, a public
authority or with tiny putrtto depot, ant,agonoy or official of the state or of any pollftoai subdivision thereof or of a public
authority,to sign a waterer of 1mrainity against subsequent criminal prosecution at to answer any relevant question
oonaeming such transaction or oc intract,
(a)such person,and any firm,partnership or corporation of which he Is a member,partner,director or officer
shall be disqualified from thereaft ar selling to or subrnttting proposals to or receiving awardi3 from oT entering into any
contracts with any municipal corporation or fire district,or any public.department;agency or official thereof,for goods,
work or services,for a period flt 11 ve years atter such refusal,and
(b) any and all oontraols made with any municipal corporation or any public department,•agonoy or official
thereof on or atter the first day of L uly,nineteen hundr$d tiftynlne or with any fire district or any agency or oftiolai thereof
on or attar the ttrst de y of Septemb ar,nineteen hundred sixty,by such person,and by any firm,partnership,or corporation
of whfoh he is a member,partner,director or officer may be cancelled or terminated by the municipal cerepareiton or
fire disUlot without Incurring any snalty or damages on account of such oanceilstlon or terrtrination,but any moniee
owing by the munlalpal corporatl nor fire district for goods delivered at worts done prior to the cancellation or ter*
Wetton shall be paid.
GROUP SPECIFICATION
PLAYGR UND/PLAY EQUIPMENT&SITE AMENITIES CATALOGS
PLAYWO LD SYSTEMS;LITTLETIKES;MID-ATLANTIC PRODUCTS;
BU KE PREMIER PLAY ENVIORNMENTS(OR EQUAL)
PROPOSAL NUMBER APRIL 10,2019 11:00 A.M.
419-51
PLEASE USE INK OR TYPE WRITER American Recreational Products Inc
PREPARING YOUR BID. I 1E SURE 1535 Locust Avenue
YOU HAVE INSERTED YOUR Bohemia,NY 117I6 _
COMPANY'S NAME AND ADDRESS 641-2444011
EMAILADDRESS bobftmericanrecreational.com
ADDINDUM#Z
THE FOLLOWING QUESTION HAS BEEN ASKED REGARDING THE ABOVE MENTIONED BID:
Q. Uni fer the Freedom of Information Law(FOIL)please provide
bid results for the previous Playground/Play Equipment&
Sitc Amenities Catalogs bid. Bid results to Include bid tabulation
of 11 bidders.
A. SEE TABULATION ATTACHED.
s/playground equipment 019
addendum##2
X '
Robert J.10%n Vice President
PLAYGROUND/PLAY MERICAN PLAYSAFE RAYMOND CAMETIME
EQUIP&SITE AMENITIES EC.PROD. MICHAEL
CONTRACT#318-52
ITEM
A.Playworld Systems
%Discount NO BID NO BID 5% NO BID
%Installation NO BID NO BID 40% No BID
B.Llttle Tikes
%Dlscount NO BID NO Bio NO BID NO BID
96 Installation NO BID NO BID NO BID NO BID
C.Mid-Atlantic Prod.
%Discount NO BID NO BID NO BID NO BID
%Installation O BID NO BID , NO BID NO BID
D.Burke Premium Play
%Discount 1% NO BID NO BID NO BID
%Installation 38% NO BID NO BID NO BID
E,Alternates
%Discount 1 bar Grp. 2046/Miracle Rec. 5%/Pia Guard 346/GameTime
%Installation .69/ I-COLO 38% 40% 40%
196 Soluvo
196
s/play equipment&site
amenities catalog 2015
tab