HomeMy Public PortalAbout1995 Playground EquipmentVILLAGE OF KEY BISCAYNE
Village Council
John F. Festa. Mayor
Betty Sime, Vice Mayor
Raul Llorente
Michele Padovan
Hugh T. O'Reilly
Raymond P Sullivan
John Waid
Village Manager
C. Samuel Kissinger
Mr. Richard J. Dominica
Gametime Field Representative
c/o Dominica Recreation Products
P.O. Box 250
Longwood, Florida 32752-0250
Dear Mr. Dominica
Office of the Village Manager
January 18, 1995
Enclosed please find a fully executed copy of the agreement between the Village of
Key Biscayne and Gametime, Inc, for the installation of playground equipment at the
Village Green and Calusa Park. In addition, I am enclosing a copy of the letter
confirming your authority to execute said contract and a copy of the certificate of
insurance. These documents are for your files. Thank you.
CSK/yg
Enclosures
Very truly yours,
•
C. Samuel Kiss j ger
Village Manag
Game7gme:
P.O. BOX 121 / 150 GAMETIME DRIVE / FORT PAYNE, ALABAMA 35967
TELE: (205) 845-5610 • TELEX: 782-534 GAME TIME FTPY • FAX: (205) 845-2649
January 9, 1995
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
Dear Mr. Kissinger:
This letter is to confirm that Richard J. Dominica, as
GameTime's Representative in Florida, is authorized to sign
a contract for the sale of GameTime Equipment with the Village
of Key Biscayne on behalf of GameTime.
If you have any questions, please feel free to contact me.
Yours truly,
GAMETI , INC.
Rick Kul6
Director of Finance
and Administration
cc: Barry Lock,
Dominica Recreation
vwh
VILLAGE OF KEY BISCAYNE
AGREEMENT FOR THE
PURCHASE AND INSTALLATION
OF PLAYGROUND EQUIPMENT
THIS AGREEMENT, made and entered into on the 6th day of January
1995, by and between the Village of Key Biscayne, Dade County, Florida, party of the
first part (hereinafter called "Village"), and Gametime, Inc. c/o Dominica Recreation
Products, P.O. Box 250, Longwood, Florida 32752-0250, party of the second part
(hereinafter called "Contractor);
RECITALS:
The VILLAGE wants to engage to CONTRACTOR to perform certain professional
services as specifically described in accordance with paragraph 1, scope of services to this
Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified
Services.
In consideration of the mutual covenants set forth in the Agreement, the parties
agree as follows:
1. Scope of Services
a. The CONTRACTOR agrees to provide playground equipment as described
in Exhibit A (Equipment List dated December 15, 1994) in accordance with Invitation No.
SB 94C -151B of the Palm Beach County School District.
b. The CONTRACTOR agrees to install said playground equipment in
accordance with Exhibit B and Exhibit C.
2. Fees for Services
The CONTRACTOR agrees to charge the Village for the above specified services
a total of $128,212.00, billable with submission of an invoice. The total contract price
is not to exceed that amount. Payment will occur upon satisfactory completion of the
project to be determined by the VILLAGE.
The VILLAGE shall pay to the CONTRACTOR for the faithful performance of
this Agreement, in lawful money of the United States.
3. Term
The term of this Agreement is 1 year unless terminated pursuant to paragraph
7
4. General Terms and Conditions
All originals, sketches, tracings, drawings, computations, details, design
calculations, work papers and other documents and plans that result from the
CONTRACTOR providing specified services shall be the property of the VILLAGE.
Upon termination of this Agreement or upon request of the VILLAGE during the term of
this Agreement, any and all such documents shall be delivered to the VILLAGE by the
CONTRACTOR.
5. Insurance
The CONTRACTOR shall at all times carry commercial general liability
($500,000), products completed operations aggregate ($500,000), personal and advertising
injury ($500,000), each occurrence ($500,000), fire damage (any one fire)($50,000),
medical expense ($5,000) and automotive liability ($100,000/$300,000 bodily injury,
$50,000 property damage liability). The VILLAGE shall be named as an additional
insured on all of the above insurance policies. Each insurance policy shall not be
canceled without written notice to the VILLAGE 30 days prior to the effective date of
said cancellation.
6. Assignment
This Agreement shall not be assignable by the CONTRACTOR.
7. Termination
This Agreement may be terminated by the VILLAGE upon ten days written notice
with or without cause and by the CONTRACTOR upon 15 days written notice with or
without cause. If this Agreement is terminated, the CONTRACTOR shall be paid in
accordance with the provisions of Paragraph 2 of this contract for all acceptable work
performed up to the date of termination.
8. Nonexclusive Agreement
The services to be provided by the CONTRACTOR pursuant to this Agreement
shall be nonexclusive and nothing herein shall preclude the VILLAGE from engaging
other firms to perform the same or similar services for the benefit of the VILLAGE within
the VILLAGE'S sole and absolute discretion.
9. Entire Agreement
The parties hereby agree that this is the entire agreement between the parties. This
Agreement cannot be amended or modified without the express written consent of the
parties.
10. Warranties of Consultant
The CONSULTANT hereby warrants and represents that at all times during the
term of this Agreement it shall maintain in good standing all required licenses,
certifications and permits required under Federal, State and local laws necessary to
perform the Specified Services.
11. Attorney's Fees
In connection with any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover reasonable attorney's fees and costs. This provision shall
exclude all litigation resolved by agreement of the parties.
12. Notices
All notices and communications to the VILLAGE shall be in writing and shall be
deemed to have been properly given if transmitted by registered or certified mail or hand
delivery. All notices and communications shall be effective upon receipt. Notices shall
be addressed as follows:
Village:
With a copy to:
C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McInytre Street
Key Biscayne, Florida 33149
Richard Jay Weiss, Esq.
Village Attorney
Weiss, Serota and Helfman, P.A.
2665 South Bayshore Drive
Suite 204
Miami, Florida 33133
Contractor:
13. Governing Law
Mr. Richard J. Dominica
Gametime Field Representative
c/o Dominica Recreation Products
P.O. Box 250
Longwood, Florida 32752-0250
1-800-432-0162
This Agreement shall be construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement upon the terms and conditions above stated on the day and year first
above written.
CONTRACTOR:
Gametime, Inc.
c/o Dominica Recreation Products
P.O. Box 250
Longwood, Florida 32752-0250
1-800-432-0162
By: /�/ i !- 7c � ' � .. _
" RICHARD J. .$OMINICA
Title: GAMETIME FIELD REPRESENTATIVE
Attest: t�
VILLAGE:
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
1-305-365-5514
B
C. Samuel Kissin
Title: Village Manager
Attest:
Guido H. Ihguanzo, Jr.
Village Clerk
1. Calusa Park - Authorized by Village Council on September 13, 1994.
2. Village Green - Authorized by Village Council by Resolution No. 94-39, October
11, 1994.
DECEMBER 15, 1994
FINAL EQUIPMENT LIST/COLOR SELECTION PAGE ONE
VILLAGE OF KEY BISCAYNE, FLORIDA
VILLAGE GREEN ... TOT LOT
1 EA #APSG-0907 Powerscape Playhouse:
1 EA #E3960 -M Bridgewalk Tot System:
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
1 EA
#564 Curved Balance Beam:
#6063 Two -Seat Dinosaur:
#6056 Two -Seat Racecar:
#895 Scrambler Whirl:
#240 Buck -a -Bout (4/saddles)
#P8006 Swing w/ Painted Frame
w/ 6 enclosed Tot seats
#3386 Crawl Tube
#6584 Lil' Wum Climber
Uprights "R" CRANBERRY
Poly "9" YELLOW
Uprights "9"
Accents "R"
Poly "T"
Decks "E"
YELLOW
CRANBERRY
TEAL
BEIGE
"R" CRANBERRY
"P" PURPLE
IIWII
CRANBERRY
"9" YELLOW
"T" TEAL
$ 2,882.00
$ 5,777.00
$ 283.00
$ 743.00
SILVER FLAKE $ 540.00
$ 772.00
$ 948.00
(light saddles - "off-white")
"9" YELLOW
Tube: "T" TEAL
Panels: "9" YELLOW
Uprights: "R" CRANBERRY
as shown in '94 catalog
PURPLE/YELLOW
VILLAGE GREEN ... PLAYGROUND
1 EA #APS-0911-M Powerscape
1 EA #P1008 Swing w/ Painted Frame:
1 EA #10167 Tire Swing
1 EA #6485 Space Arch
1 EA #F10082 Track Ride
1 EA #6596 Parallel Bars
1 EA #919 Whirl
1 EA #9837 Toss 'N Score
Accents: "T"
Poly: "R"
Uprights: "9"
Decks: "E"
Upright:
TEAL
CRANBERRY
YELLOW
BEIGE
"T" TEAL
"T" TEAL
"9" YELLOW
"R" CRANBERRY
"R" CRANBERRY
"T" TEAL
"T" TEAL
"9" YELLOW
$ 1,412.00
$ 503.00
$ 1,276.00
$ 22,449.00
$ 2,034.00
$ 1,695.00
$ 458.00
$ 1,230.00
$ 262.00
$ 1,435.00
$ 458.00
DECEMBER 15, 1994
FINAL EQUIPMENT LIST/COLOR SELECTION PAGE TWO
VILLAGE OF KEY BISCAYNE, FLORIDA
1 EA #P988 Mountain Climber
8 EA #UF1951-75 Victorian Benches
1 EA
"9" YELLOW $ 1,631.00
purple heart wood $ 5,088.00
"5" GREEN
VILLAGE GREEN ... SPRAY POOL AREA/EQUIPMENT ...
#S525 Seahorse Spray Pool Column: "3" LIGHT BLUE
2 EA Seahorses: "9" YELLOW
AND 2 EA Seahorses: "R" CRANBERRY
(ALTERNATE SEAHORSES)
$ 7,994.00
CHILDSAFE POOL SURFACE BLUE (see page 3 for price)
1 EA #3346 Sand Box Shelter WOOD $ 1,285.00
1 EA #4181 Rabbit Saddlemate Pink (as in '94 catalog) $ 365.00
w/ c Spring
1 EA #4159 Frog Saddlemate GREEN & YELLOW $ 365.00
(as in '94 catalog)
1 EA #3382 Paint Panel Uprights: "R" CRANBERRY $ 425.00
Panel: "9" YELLOW
CALUBA PARK
1 EA #AP50812-M Powerscape
1 EA
#P8006 Swing w/ Painted Frame
w/ 4 Belt Seats
2 Enclosed Tot Seats
Uprights: "S" LIGHT GREEN
Accents: "3" LIGHT BLUE
Poly: "9" YELLOW
$ 16,060.00
"3" LIGHT BLUE $ 1,568.00
1 EA #6054 Two -Seat Fire Chief's Car RED (as in '94 catalog
540.00
Total - GameTime Equipment $ 80,478.00
DECEMBER 15, 1994 PAGE THREE
- DEDUCT $9,657.00 FOR "PIGGY -BACK" PURCHASE.
- ADD $ 3,404.00 FREIGHT
- ADD $12,616.00 FOR EQUIPMENT INSTALLATION
FIBAR ACCESSIBLE SURFACING (THE VILLAGE GREEN) (SYSTEM 200)
- PLAYGROUND (10,166 SQ.FT. - 12" SYSTEM) $ 7,792.00
- TOT AREA (6,571 SQ.FT. - 8" SYSTEM) 4,212.00
- DEDUCT $600.00 FOR "PIGGY -BACK" PURCHASE.
- ADD $4,560.00 FREIGHT
- INSTALLATION OF FIBAR (SYSTEM 200) $ 6,695.00
W/ TWO LAYERS OF FIBARFELT
SPRAY POOL/PLAY AREA W/ CHILDSAFE
- 32' CIRCLE W/ BURIED EDGES
INSTALLED OVER 6" BASE OF 3/4"
BLENDED CRUSHED STONE
- ONE COLOR - BLUE
- PLUMBING, SLOPED SUBBASE, AND ANY
SPECIAL DRAINAGE REQUIREMENTS BY OWNER
$18,712.00
TOTAL PACKAGE AS PROPOSED ABOVE $128,212.00
BL:HP/SV Lh1^PhRS\SEPT\PG3
s
VIILAGE GREEN
PLAYGROUND & TOT LOT
THIS SITE PLAN IS CONCEPTUAL IN NATURE ONLY.
THE PLAYGROUND EQUIPMENT, DESIGN, AND LOCATION
WAS DEVELOPED BY THE PLAYGROUND EQUIPMENT
MANUFACTURER GAMETIME, P 0 BOX 121,
FT. PAYNE, ALABAMA 35967 (205) 845-5610.
-,,
CALUSA PARK
VILLAGE OF KEY BISCAYNE, FLORIDA
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Attn: C Samuel Kissinger, Village Manager
85 west AlcInOee Sorer
Key Biscayne, Fl 33149
-_._.__..
SHOIIID ANY OF TIN ABOVE DISMISS POLICIES BE C&NCBLIaMon THE '
EIFIRATTON DATE TI3MSF, THb 15101110 =PANT I L ENDEAVOR 70
MAIL 039 DAYS oRiTTEff NOT= To Tex clompICATII BOLDER TO TON LEFT
BUT rAIIINEE in MAIL NlvrIC aLr. OILIGATios OR LIABILITL
OF A >QBD-�®� I I - Ass�rarlvas.
AUTHONY
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mi:4)Itio. CERTIFICATE OF INSURANCE
PRODUCER
Aon Risk Services Inc, of WI
Two Plaza East — Suite 450
330 E K i I bou r n Ave
Mi Iwaukee, WI 53202-3179
800-556-5115
DATE (MM/DDIYY)
5/01/97
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Steadfast Insurance
COMPANY
B
Company
INSURED
Gametime—a div of Newco, Inc.
P. O. Box 121
Fort Payne, AL 35967
COMPANY
C
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERMOR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENTWITHRESPECT TO WHICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDD/YY)
POLICY EXPIRATION
DATE (MMIDD/YY)
LIMITS
4
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
PROT
SCO 3666725-01
5/01/97
2/26/99
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS-COMP/OP AGG
$ 2,000,000
$
CLAIMS MADE X OCCUR
PERSONAL & ADV INJURY
OWNER'S & CONTRACTOR'S
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$
MED EXP (Any one person)
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
$
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY.
EACH ACCIDENT
$
$
AGGREGATE
EXCESS
LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
$
AGGREGATE
$
WORKERS COMPENSATION
EMPLOYERS' LIABILITY
THE PROPRIETOR/
PARTNERS/EXECUTIVE
OFFICERS ARE
AND
INCL
EXCL
f STATUTORY LIMITS
EACH ACCIDENT
$
DISEASE - POLICY LIMIT
$
DISEASE - EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
Ref: Swing N Slide Corp., 1212 Barberry Drive, Janesville, WI 53545
(Parent Corp.) is named insured.
CERTIFICATE HOLDER
Village of Key Biscayne
Attn: C. Samuel Kissinger
Village Manager
15 West McIntyre Street
Key Biscayne, FL 33149
CANCELLATION
SHOULD ANY
EXPIRATION
30 DAYS
OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
UPON THE COMPANY,OM� ITS AGENTS OR REPRESENTATIVES.
BUT FAILURE
OF ANY KIND
AUTHORIZ REPR_ TATI 'C 324453002
/�`//JJJJ
ACORD 25-81'2/93)
ACORD CORPORATION MS
al.00I:loa CERTIFICATE OF INSURANCE DATE(MM/DD/YY)
5/01/97
PRODUCER
Aon Risk Services Inc, of MO
8182 Maryland Avenue
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Louis, MO 63 105
COMPANIES AFFORDING COVERAGE
a
314-721-5100
COMPANY
A Chubb Custom Ins./TIG Ins.
INSURED
Gametime — Div, of Newco, Inc
COMPANY
B
P.O. Box 121
Fort Payne, AL 35967
COMPANY •
C
I
COMPANY
D
COVERAGES
j THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDINGANY REQUIREMENT, TERMOR CONDITIONOF ANYCONTRACTOR OTHER DOCUMENT WITHRESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.O
..TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDIYY)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
GENERAL LIABILITY
GENERAL AGGREGATE
$
COMMERCIAL. GENERAL LIABILITY
PRODUCTS-COMP/OP AGO
$
'
CLAIMS MADE
OCCUR
PERSONAL & ADV INJURY
$
OWNER'S & CONTRACTOR'S PROT
EACP OCCURRENCE
$
FIRE DAMAGE (Any one fire)
$
I
MED EXP (Any one person)
$
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
GARAGE
LIABILITY
AUTO ONL (• EA ACCIDENT
$
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
Q
EXCESS LIABILITY
EACH OCCURRENCE
$ 50000000
X
UMBRELLA FORM
79319971/XLX9262679
3/13/97
2/26/98
AGGREGATE
$ 50000000
OTHER THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
j STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT
$
THE PROPRIETOR/
PARTNERS/EXECUTIVE
INCL
DISEASE - POLICY LIMIT
$
OFFICERS ARE
EXCL
DISEASE• EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Ref: Swing N Slide Corp., 1212 Barberry Drive, Janesville, WI 53545
(Parent Corp.) is named insured.
CERTIFICATE HOLDER
Village of Key Biscayne
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: C. Samuel Kissinger
Village Manager
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS A S OR REPRESENTATIVES.
15 West McIntyre Street
Biscayne, FL 33149
ACORD 2S.$ (3/93)
AUTHORIZEDREPRESEN TIV ' 235190001
•Key
0ACQ� CORPORATION 133$