HomeMy Public PortalAbout2017-30 Selecting Playsmart for installation of playground equipment at the Village's Community CenterRESOLUTION NO. 2017-30
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING GREAT TIMES
ENTERTAINMENT, LLC (D/B/A PLAYSMART) FOR
INSTALLATION OF PLAYGROUND EQUIPMENT AT THE
VILLAGE'S COMMUNITY CENTER; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 3.07(b) of the Charter of the Village of Key Biscayne,
Florida ("Village"), the Village Council desires to authorize the expenditure of Village funds for the
capital project consisting of the installation of playground equipment at the Village's Community
Center (the "Project"); and
WHEREAS, the Village received three proposals for the Project; and
WHEREAS,Great Times Entertainment, LLC (d/b/a Playsmart) ("Contractor") submitted
a proposal for the Project ("Proposal"); and
WHEREAS, after review and evaluation of the three proposals, the Village Manager
recommends that the Contractor be selected to perform the Project as the lowest, responsive and
responsible bidder; and
WHEREAS, the Village Council desires to select Contractor to perform the Project and
authorize the Village Manager to negotiate and execute a contract with the Contractor consistent with
the Proposal in an amount not to exceed $120,200.00 (the "Contract"); and
WHEREAS, the Village Council finds that it is in the best interest of the Village to authorize
and award a Contract for the Project to Contractor; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the citizens of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals. Each of the above -stated recitals are hereby adopted, confirmed, and
incorporated herein.
Section 2. Selection of Contractor. The Village Council hereby approves and selects
the Contractor for the Project.
Section 3. Authorization. The Village Council hereby authorizes the Village Manager
to negotiate and execute a contract consistent with the Contractor's Proposal in an amount not to
exceed $120,200.00 and execute any related or necessary documentation on behalf of the Village,
subject to approval by the Village Attorney as to form, content, and legal sufficiency.
Section 4. Implementation. The Village Council hereby authorizes the Village Manager
to take any and all action which is reasonably necessary to implement the purpose of this Resolution.
Section 5. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 13`h day of June, 2017.
AVh/&oe
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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PLAYGROUND INSTALLATION AGREEMENT
This Agreement (the "Agreement") is dated as of the 22"d day of June 2017 by and between the
Village of Key Biscayne (the "Village") and Great Times Entertainment. [.LC (d/b/a Playsmart)
(the "Contractor") located at 910 Broadway Suite B, Quincy. IL 62301.
1. The Work. The scope of the work (the "Work") is generally described as the installation
of indoor playground equipment at the Village's Community Center as provided in Exhibit "A."
Work shall commence within three (3) days after notice to proceed is provided by Village to
Contractor, and all Work and requirements of this Agreement shall be completed within forty-
five days (45) days thereafter. The Work includes prompt procurement by Contractor of all
necessary permits and approvals and all equipment and materials needed for the Work. The
Contractor shall supply and the Work shall include all labor, materials. tools, apparatus, means of
transportation, services, methods and incidentals necessary for completion of the Work. Contractor
shall be accountable for the safe and proper installation of the playground equipment and related
improvements in accord with this Agreement. Contractor shall ensure removal of all equipment.
tools and apparatus and any debris upon delivery of the Work to the Village. Contractor shall
perform all Work in the best and most workmanlike manner. Special care shall be taken in placing
and removing material or equipment to avoid unnecessary injury to either persons or to property.
The "Work" shall be installed as reflected in Exhibit "A." Contractor shall provide Village a
written warranty for the Work and all equipment incorporated therein. which warranty shall remain
for the period of one (1) year after Village's acceptance of the Work.
2. Compensation. Village agrees to pay Contractor as compensation for all services provided
hereunder the lump sum amount of 5120,200.00. fifty percent (50%) will be paid upon execution
of the agreement and the remaining fifty percent (50%) shall be payable within 30 days of
Village's acceptance of the Work and receipt of the warranty.
3. Required Documentation. The Contractor shall provide proof of authorization to transact
business in Florida, evidence of compliance with all license requirements for the Work and
evidence of all insurance required prior to commencing any Work hereunder. Failure to timely
return this executed Agreement and evidence of required licensure and insurance shall result in
cancellation of this Agreement. at Village's option.
4. Liquidated Damages. Unless otherwise excused by the Village in writing, in the event
that the Contractor fails to meet the time specified in this Agreement for completion of the Work.
the Contractor shall pay to the Village one hundred dollars ($100.00) per day for each and every
unexcused calendar day of delay beyond the required completion date. until completion of the
Work. Any sums due and payable hereunder by the Contractor shall be payable not as a penalty.
but as liquidated damages representing an estimate at or before the time of this Agreement. The
Village shall be entitled but not required to withhold from any amounts due otherwise to
Contractor an amount then believed by the Village to be adequate to recover liquidated damages
applicable to unexcused delays. All limitations of time set forth in this Agreement are of the
essence.
5. Insurance. Contractor shall secure and maintain throughout the duration of this
Agreement insurance of such types and in such amounts as specified below. naming the Village
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as a named insured, underwritten by a firm qualified to do business in the State of Florida. Each
certificate of insurance shall include a (30) thirty -day advance notice of cancellation provision in
favor of the Village. All subcontractors must provide Village evidence of compliance with all
insurance requirements herein. including without limitation, the required certificates, before
commencing any Work.
a. Commercial general liability coverage with limits of liability of not less than
$1,000,000 per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability and general aggregate in the amount of $1,000,000.
This liability insurance shall also include completed operations and product liability
coverages and eliminate the exclusion with respect to property under the care,
custody and control of Contractor.
b. Workers compensation insurance as required by law.
c. Business automobile liability with minimum limits of $1,000,000 per person, per
occurrence, combined single limit for bodily injury liability and property damage
liability each. Coverage must be afforded on a form no more restrictive than the
latest edition of the business automobile liability policy. without restrictive
endorsements and must include owned vehicles. hired and non -owned vehicles
and employers' non -ownership.
6. Clean -Up. Immediately following completion of the Work, Contractor shall remove any
debris related to the Work from the Village premises. using its own labor, material and tools.
The Village premises shall be left in the same or better condition as provided to Contractor.
Prior to commencement of the Work, Contractor shall provide Village the name and location of
the facility that will be used for debris placement. The Contractor shall provide the Village with
copies of receipts for debris placement from the disposal facility. The Work shall be performed in
such a manner as to provide a minimum of inconvenience to the residents and workers in the area.
The area where Work occurs shall be cleaned daily to the satisfaction of the Village.
7. Hours. All Work must be performed between the hours of 7:30 A.M. and 6:00 P.M..
Monday through Saturday. Any Work to be performed outside of these days and hours must be
approved in advance, in writing, by the Village Manager.
8. INDEMNIFICATION. CONTRACTOR HEREBY AGREES TO INDEMNIFY,
DEFEND AND HOLD HARMLESS VILLAGE, AND VILLAGE'S OFFICERS AND
EMPLOYEES FROM ALL LIABILITIES, DAMAGES, LOSSES AND COSTS (INCLUDING,
BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AT ANY LEVEL) ON
ACCOUNT OF OR RELATING TO THE WORK. AND ANY ACTS OR FAILURES TO ACT
BY THE CONTRACTOR OR ANY SUBCONTRACTOR RELATED THERETO. THE
PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE
VILLAGE AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS,
CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.
9. Termination.
A. This Agreement may be terminated by the Village upon five (5) calendar days' written
notice to the Contractor for: (i) breach of any material term or condition of this Agreement:
(ii) for failure to perform the Work in a diligent, efficient. workmanlike, skillful, careful
manner and in accordance with the provisions hereof: or (iii) in the event the Contractor is
adjudged bankrupt or has made an assignment for the benefit of creditors. In such event.
Village shall provide a description of the nature of the default in writing to Contractor, and
if Contractor has not fully cured such default within the aforesaid five (5) day period, the
Village shall have the right to terminate this Agreement by written notice to Contractor.
Without limitation of any other remedy for damages or otherwise that may also be
available, in such event Village may make good all Work, may use all equipment left
remaining at no cost to Village, and may take such action as may be necessary in the
circumstances to resolve any public safety or welfare issues with no liability or
consequences therefore. Village shall have no liability for services provided or goods
ordered or any other expenses incurred by Contractor subsequent to notice to Contractor of
termination. If. after such termination. it is determined that the Contractor was not in
default or sufficient cause for termination did not exist, the rights and obligations of the
parties shall be the same as if the termination had been issued for the convenience of
Village, as described below.
B. This Agreement may be terminated by the Village for convenience upon five (5) calendar
days' written notice to the Contractor. In the event of such a termination, the Contractor
shall incur no further obligations in connection with the Project and shall. to the extent
possible, terminate any outstanding Subcontractor obligations. The Contractor shall be
compensated for all services performed to the satisfaction of the Village.
I0. Assignment and Subcontractors. Contractor shall not sell, assign, transfer or convey this
Agreement, in whole or in part, without the prior written consent of the Village Manager. Any
such assignment without prior approval shall be void ab initio. All subcontractors shall be
approved in advance by Village before providing any of the Work. The Contractor agrees and
represents that any approved subcontractors possess the requisite skills to perform the Work and
that the Work shall be executed in a good and workmanlike manner. free from defects, and that
all materials shall be new and approved by or acceptable to Village .
1 1. Applicable Law. CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR AND
SHALL COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS REGARDING THE
WORK REQUIRED HEREUNDER.
12. Entire Agreement. This Agreement together with exhibits and incorporated documents
constitutes the final and entire agreement between the Contractor and Village and contains all of
the terms and conditions agreed upon. No other agreements, oral or otherwise, regarding this
Agreement or the Work shall be deemed to exist or to bind either party. unless same be in
writing, dated subsequent to the date hereto, and duly executed by the party to be charged. In the
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event of any conflict in terms and provisions between this Agreement and the exhibits. the terms
of those documents shall govern in the order of priority as set forth herein.
13. Location of Claims. This Agreement and all actions hereunder shall in all respects be
governed by and interpreted and enforced pursuant to the laws of the State of Florida. Any suit
arising out of this Agreement shall be brought in Miami -Dade County. Florida.
14. Expenses and Delay. The Village shall have no liability to the Contractor for any
damages incurred by the Contractor for delay or interruption of the Work. The Contractor's sole
and exclusive remedy for any such delay. if any. shall be an extension of the time required or
allowed to complete the Work. In order to obtain an extension of time, the Contractor shall
request same of the Village in writing within 24 hours of any delay or interruption of the Work.
15. Severability. Should any provision, paragraph, sentence. word, or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise
unenforceable under the laws of the State of Florida, such provision, paragraph. sentence, word,
or phrase shall be deemed modified to the extent necessary in order to conform with such laws,
and the remainder shall remain unmodified and in full force and effect.
16. Waiver of Jury Trial and Venue. The Village and Contractor knowingly, irrevocably,
voluntarily and intentionally waive any right either may have to a trial by jury in State and or
Federal court proceedings in respect to any action. proceeding, lawsuit or counterclaim based
upon this Agreement or arising out of. under, or in connection with the Work, or any course of
conduct, course of dealing, statements or actions or inactions of any party.
17. Attorneys' Fees. If either the Village or Contractor is required to enforce the terms of this
Agreement by court proceedings or otherwise. whether or not formal legal action is required, the
prevailing party shall be entitled to recover from the other party all such costs and expenses,
including, but not limited to, court costs. and reasonable attorneys' fees.
18. Notice. Notice hereunder shall be provided via certified mail or hand delivery to the
following:
for the Village:
For The Contractor:
John C. Gilbert, Village Manager
Village of Key Biscayne, Florida
88 W. McIntyre Street, Suite 210
Key Biscayne, FL 33149
Telephone: 305-365-5500
Fax Number: 305-365-8936
Great Times Entertainment DBA Playsmart
Attention: _Gary Boots
910 Broadway STE B
Quincy Illinois
Telephone: (217) 440 — 3330
Fax Number: (217) 223 5657
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THE CONTRACTOR'S SIGNATURE BELOW INDICATES CONTRACTOR HAS
READ, UNDERSTANDS, AND ACCEPTS ALL PROVISIONS CONTAINED HEREIN,
INCLUDING THE EXHIBITS AND THAT THE CONTRACTOR HAS THE REQUISITE
AUTHORITY TO SIGN THIS CONTRACT.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature.
VILLAGE OF K Y BISCAYNE
day of Sulu-- , 2017.
APPROVED AS TO FORM AND SUFFICIENCY:
VILLAGE ATTORNEY
WITNESS
Print Name: Gary Boots
By:
Print Name: Richard Houseweart
STATE OF FI.ORIDA
COUNTY OFMIAMI- DADE
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�o`�Y••``B�� ROSA MADELIN LOPEZ
* i * MY COMMISSION # FF 941989
EXPIRES: February 18, 2020
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CONTRACTOR
Great Times Entertainment, LLC
(d/b/a Playsmart)
By
(Signature and Title)
(Corporate Seal)
Tim N Anderson - Partner
(Type Name/Title signed above)
22nd day of June , 2017
SWORN TO AND SUBSCRIBED before me this day of , 2017.
My Commission Expires:
Notary Public
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