HomeMy WebLinkAboutC2020-369 - 11/10/2020 - Approved (2)DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
ao
' CORPORAlY.'
1852
SERVICE AGREEMENT NO. 3324
Installation of 11 Playgrounds to Include Shade Structures
THIS Installation of 11 Playgrounds to Include Shade Structures Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -
rule municipal corporation ("City") and PlayCore Wisconsin, Inc. dba GameTime
("Contractor"), effective upon execution by the City Manager or the City Manager's
designee ("City Manager").
WHEREAS, Contractor has bid to provide Installation of 11 Playgrounds to Include
Shade Structures in response to Request for Bid/Proposal No. COOP USC 201700134
("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications
and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Installation of 11 Playgrounds to Include Shade
Structures ("Services") in accordance with the attached Scope of Work, as shown
in Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for 6 months, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero -month periods ("Option
Period(s)"), provided, the parties do so by written amendment prior to the
expiration of the original term or the then -current Option Period. The City's
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$716,1 1 1.85, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Jose Hernadez
Department: Parks & Recreation
Phone: 361-826-3986
Email: JoseHe@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the 001 must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple -release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re -worked immediately at no charge
to the City. If immediate correction or re -working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non -Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a 001 in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand -delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Roberta Rodriguez
Title: Contracts/Funds Administrator
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3166
Fax: 361-826-3864
IF TO CONTRACTOR:
PlayCore Wisconsin, Inc. dba GameTime
Attn: Clint Whiteside
Title: Sales Administration Project Manager
Address: 544 Chestnut Street, Chattanooga, TN 37402
Phone: 423-425-3162:
Fax: 423-648-5903
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981EB7-A0B0-4045-9BB5-E74B1369BB4C
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
CONTRACTOR
Signature:
DocuSigned by:
Printed Name:
Title:
Date:
"-8346D05AF2A24B0...
clint whiteside
Sales Administration Project Manager
11/5/2020
CITY OF CORPUS CHRISTI
DocuSigned by:
Kimlge ICei10344F...
Director of Contracts and Procurement
Date: 11/11/2020
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. COOP USC 201700134
Exhibit 2: Contractor's Bid/Proposal Response
M2020-220 Authorized By
Council 11/10/2020
ATTEST:
DocuSigned by:
R114644 H
'-37A77B20D51947D...
Rebecca Huerta
City Secretary
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form March 9, 2020
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
Contractor shall install 11 Playground Units with fall zone base and poured -in-place
(PIP) fall surfacing, benches, and shade structures at the parks listed below. All
installation shall be in accordance with the Public Playground Safety Handbook
latest edition produced by the U.S. Consumer Product Safety Commission.
2. Scope of Work
A. Installation of Surf's Up Playground Units, Fall Zone Base with PIP Surfacing, Park
Benches (02 at each location) and Square Hip Shade Structures with Quick
Release System.
1. Locations:
Austin Park, 3737 Hidalgo St., Corpus Christi, TX 78405
Los Encinos Park, 5800 Greenwood Dr., Corpus Christi, TX 78417
Stonegate Park, 4610 Bonner Dr., Corpus Christi, TX 78411
Camargo Park, 2702 Camargo Dr., Corpus Christi, TX 78415
Sgt. J.D. Boch Park, 7327 Canadian Dr., Corpus Christi, TX 78414
Winrock Park, 4930 Cedar Pass Dr., Corpus Christi, TX 78413
2. Installation of playground units:
a. Contractor is responsible for grading subgrade for base installation for
pour in place surfacing.
b. Contractor shall Install playground units per manufactures instructions.
3. Contractor shall install a 961 SF concrete slab and is responsible for but, not
limited to:
a. All material and work to complete forming for concrete pad.
b. All material and work to complete reinforcing with wire mesh.
c. All material and work to complete placement and finishing of concrete.
d. All material and work to complete cleaning.
4. Contractor shall install 961 SF at required depth per fall height of one
poured in place rubber pad per park. The Contractor is responsible for,
but not limited to:
a. All material and labor to complete mixing of bonding agent and rubber
surfacing.
b. All material and labor to complete placement of pour in place rubber
pad.
5. Contractor shall install Quick Release Shade Structures to cover Surf's Up
Units at all six locations.
a. Contractor shall provide engineered drawings with engineer stamp and
Page lof 1
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
wind certification for all 6 Shade Structures.
b. Contractor shall install Quick Release Shade Structures per
manufacturer's instructions.
c. Contractor shall install shade posts outside of existing playground
perimeter.
d. Contractor shall contact Contract Administrator for canvas and post
colors.
6. Contractor shall provide and install two park benches at each playground
location. Benches will be installed on the concrete pad within the shade
structure.
7. If water is unavailable at the installation site a 30 -gallon barrel and water
source will be provided at 5352 Ayers Bldg #4.
B. Installation of Sprout's Playground Units, Fall Zone Base with PIP Surfacing, Park
Benches (02 at each location) and Square Hip Shade Structures with Quick
Release System.
1. Locations:
Senior Officer Prieto Park, 4000 Woodland Creek Dr., Corpus Christi, TX 78410
San Diego Park, 3224 Niagara St., Corpus Christi, TX 78416
Easley Park, 2823 Devon Dr., Corpus Christi, TX 78404
Carroll Lane Park, 3600 Maple St., Corpus Christi, TX 78411
Lakeview Park, 7110 Holly Rd., Corpus Christi, TX 78412
2. Installation of playground units:
a. Contractor is responsible for grading subgrade for base installation for
pour in place surfacing.
b. Contractor shall Install playground units per manufactures instructions.
3. Contractor shall install a 697 SF concrete slab and is responsible for, but not
limited to:
a. All material and work to complete forming for concrete pad.
b. All material and work to complete reinforcing with wire mesh.
c. All material and work to complete placement and finishing of concrete.
d. All material and work to complete cleaning.
4. Contractor shall install 697 SF at required depth per fall height of one
poured in place rubber pad per park. Contractor is responsible for, but not
limited to:
a. All material and labor to complete mixing of bonding agent and rubber
surfacing.
b. All material and labor to complete placement of pour in place rubber
Page lof 1
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
pad.
5. Contractor shall install Quick Release Shade Structures to cover Sprouts
Units at all five locations.
a. Contractor shall provide engineered drawings with engineer stamp and
wind certification for all 5 Shade Structures.
b. Contractor shall install Quick Release Shade Structures per
manufacturer's instructions.
c. Contractor shall install shade posts outside of existing playground
perimeter.
d. Contractor shall contact Contract Administrator for canvas and post
colors.
6. Contractor shall provide and install two park benches at each playground
location. Benches will be installed on the concrete pad within the shade
structure.
7. If water is unavailable at the installation site a 30 -Gal barrel and water
source will be provided at 5352 Ayers Bldg #4.
C. Special Requirements
1. Contractor shall schedule installations through the Contract Administrator.
2. Contractor shall provide all materials and labor to complete installation of
the 11 shade structures.
3. Contractor shall always maintain a clean and safe worksite.
4. Contractor shall clean worksite and haul excess dirt, debris, packaging,
etc., during and upon completion of shade structure installations.
5. Contractor shall contact Contract Administrator for line locations prior to
any digging.
6. Contractor shall be responsible for any damages to existing Playgrounds
during the installation of Shade Structures.
7. Contractor shall contact Contract Administrator for line locations prior to
any digging.
8. All material and labor to complete clean up, including offsite disposal of
spoils.
9. Damage to park grounds or amenities caused by Contractor negligence
will be the responsibility of the Contractor to repair.
10. Utility line location will be provided by the City of Corpus Christi.
3. Insurance and Bonds
Insurance will be required as outlined in the contract. Payment and Performance
bonds will also be required for 100% of the construction amount of the project.
Insurance and bonds must be maintained throughout the term of the contract.
Page lof 1
(Game -time)
n -1
Quantity Part # Description
Unit Price Amount
6 RDU GameTime - TM -08054-20-2A1 PT18031 Surfs Up Unit
1
GRANT Other - 2020 GRANT Matching Funds
$27,923.00 $167,538.00
($68,986.28) ($68,986.28)
6 178749 GameTime - Owner's Kit
$58.00 $348.00
6 QRI384 GT -Shade - GTRD303514IG-105-
35' x 30' x 14' Rectangle Hip Shade - Quick Release Fabric
$12,113.00 $72,678.00
1
INSTALL GameTime - Installation of Surf's Up Units & Shades -
Installation of (6) Individual Areas. Each area has (1) Surf's Up Unit, (1) Freestanding Shade, 961
SF Concrete Sub Base for PIP and 119 LN FT Concrete Curbs; Price also includes excavation; No
other site work, demolition or concrete work included. Acquisition of any and all permits is the sole
responsibility of the customer. Standard installation does not include any extra or additional
machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges
will apply.
$169,188.02 $169,188.02
5
1
RDU GameTime - TM -08054-20-2A2 Modified PS17030 Sprouts Unit
GRANT Other - 2020 GRANT Matching Funds
$18,939.00 $94,695.00
($38,992.09) ($38,992.09)
5
QRI237 GT -Shade - GTSD282810IG-105-
28' x 28' x 10' Square Hip Shade - Quick Release Fabric
$7,689.00 $38,445.00
5
178749 GameTime - Owner's Kit
$58.00 $290.00
1
INSTALL GameTime - Installation of Sprouts Units & Shades -
Installation of (5) Individual Areas. Each area has (1) Modified Sprouts Unit, (1) Freestanding Shade,
697 SF Concrete Sub Base for PIP and 101 LN FT Concrete Curbs; Price also includes excavation;
No other site work, demolition or concrete work included. Acquisition of any and all permits is the
sole responsibility of the customer. Standard installation does not include any extra or additional
machinery, drillers, etc., for rock excavation. If rock conditions are encountered, additional charges
will apply.
$112,699.75 $112,699.75
22 28009 GT -Site - 6' P/S Bench W/Back Inground
$685.00 $15,070.00
1
INSTALL GameTime - Installation of (22) Inground Benches -
Installation of (2) Benches per Site, for a total of (22) Benches; No other site work,
demolition or concrete work included.
$4,500.10 $4,500.10
1
PIP30857 GT-Impax - 9,251 Sq Ft Poured in Place Surfacing for (11) Locations, 50% Black / 50% Standard
Color, Aromatic Binder, (6) Sites to Accommodate an 8' Critical Fall Height & (5) Sites to
Accommodate a 4' Critical Fall Height -
Price includes a discount of $27,947.22, freight and installation to (11) Sites. Installation schedule
TBD by weather conditions allowing for proper material set up and curing. Quote does not include
any tenting or artificial heating, designs, sub-base/site prep, security or dumpsters.
$127,315.14 $127,315.14
1 BONDS Other - Payment & Performance Bonds
Contract: OMNIA
$10,959.00 $10,959.00
Sub Total $705,747.64
Discount ($3,785.79)
Estimated Freight $14,150.00
Total $716,111.85
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
HI INL.rLVICIV I D. BID/PRICING SCHEDULE
A. CORE
c/o Taal Recreation Products, Inc.
17802 Grant Road CypresxT3s 77429
Phone: 281-351-2402
Toll Free: 800-392-9909
Fax: 281-351-2493
10/07/2020
Quote #100614-01-05
TM -08054-20 REV 3 Citv of Corpus Christi - 2020 GRANT
City of Corpus Christi
Attn: Joseph Johnson
5352 Ayers Building #4
Corpus Christi, TX 78415
Phone: 361-826-3464
JosephJ2@cctexas.com
Ship to Zip 78415
Page 1 of 1
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the
City. Contractor must not allow any subcontractor Agency to commence work
until all similar insurance required of any subcontractor Agency has been
obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (001) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and
a waiver of subrogation is required on all applicable policies. Endorsements must
be provided with COI. Project name and or number must be listed in Description
Box of COI.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -written day notice of cancellation,
required on all certificates or by
applicable policy endorsements
Bodily Injury and Property
Damage
Per occurrence - aggregate
Commercial General Liability Including:
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
AUTO LIABILITY (including)
1. Owned
2. Hired and Non -Owned
3. Rented/Leased
$1,000,000 Combined Single Limit
WORKERS' COMPENSATION
EMPLOYER'S LIABILITY
Statutory
$500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10
days of the accident.
Page lof 1
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be
written on a policy and endorsements approved by the Texas Department of
Insurance. The workers' compensation coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred
by the Contractor will be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and
admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non -renewal or material change in coverage, and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
Page lof 1
DocuSign Envelope ID: BB981 EB7-A0B0-4045-9BB5-E74B1369BB4C
E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
F In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
and within the time herein required, the City shall have the right to order
Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if
any, which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City
of Corpus Christi for liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services - Services Performed Onsite
04/26/2019 Risk Management - Legal Dept.
BOND REQUIREMENTS: Payment and Performance bonds are required for 100% of the
construction amount of the project. Insurance and bonds must be maintained
throughout the term of the contract.
Page lof 1
DocuSign Envelope ID: BB981EB7-A0B0-4045-9BB5-E74B1369BB4C
ATTACHMENT D: WARRANTY REQUIREMENTS
Installation Warranty - One year warranty on workmanship
Poured in Place Surfacing Warranty -
110 YEAR PRO -RATED WARRANTY FOR POURED -IN-PLACE RUBBEGTZED SURFACING
GameTime (GT) hereby warrants that the rnaterials supplied and labor to install shall remain
free from defects in workmanship and materials for a period of ten (10) years from the date of
installation.
The Warranty shall be pro -rated as follows for the work required to repair the affected area, as
agreed upon by owner and authorized GT representative. Below are the costs to Owner
• Years 1-3
• Year 4-6
• Yea r7
• Yea r8
• Years 9&10
No cost to repair; does NOT include Demo & Replacernent
20% of the Cost to repair
40% of the Cost to repair
60% of the Cost to repair
80% of the Cost to repair
THE WARRANTY DOES NOT COVER WEAR AND TEAR DAMAGE CAUSED BY VEHICLES,
OTHER CONSTRUCTION, SPILLAGE FROM GASOLINE AND OIL OR OTHER CHEMICALS,
DAMAGE FROM VANDALISM, SLIGHT COLOR FADING, STAINS, BURNS, GOUGES, OR
INDENTATIONS, PROBLEMS CAUSED BY MOISTURE FROM ALKALI, HYDROSTATIC
PRESSURE, CRACKING, SHIFTING OR LIFTING OF THE SUBSTRATE, OVER WHICH THE
SURFACING PRODUCTS HAS BEEN INSTALLED_
GT also warrants that if the surface is used as a playground, it shall remain at or below the HIC
and GMAX testing requirements (at time of installation) for a period of 3 years_
THE OWNER IS RESPONSIBLE TO MAINTAIN THE WEAR LAYER WITH A GT ROBBIE
ROLL COAT OF POLYURETHANE SOLD BY GAMETIME TO MAINTAIN THE INTEGRITY OF
THE SYSTEM EVERY 24 MONTHS OR WHEN DEEMED NECESSARY BY AN AUTHORIZED
REPRESENTATIVE OF GT_
Upon proper receipt of request for a warranty claim inspection, GT shall confirm an onsite
meeting with the owner to assess ad confirm the repair request within 30 days_ Upon
completion of the inspection, GT and ovirer determine the cause of the defect and
determine the proper method(s) to repair. Upon agreement with the owner, the necessary
repairs will be completed_ Any repair work completed is limited in warranty coverage to the
original date of the installation. In no event shall GameTime be liable for any incidental,
consequential or punitive damages_
No other wananty or representation, expressed or implied, viiiether as to merchantability or
fitness for a particular purpose or otherwise is made with respect to the surface_
Page lof 1