HomeMy WebLinkAboutC2016-399 - 9/27/2016 - Approved •
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4cPsreliii,S
viii~ SERVICE AGREEMENT NO. 37092
1852 Playground Equipment and Installation for Parker Park
THIS Playground Equipment and Installation Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule
municipal corporation ("City") and T.F. Harper & Associates LP ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee
("City Manager").
WHEREAS, Contractor has bid to provide Playground Equipment and
Installation in response to Request for Bid/Proposal No. Vendor Quote 0511 16-
05tb ("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 playground equipment and installation
("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 three months, with performance commencing
upon the date of issuance of a notice to proceed from the Contract
Administrator or Purchasing Division. This Agreement includes an option to
extend the term for up to zero additional zero-month periods ("Option
Period"), provided, the parties do so prior to expiration of the original term
or the then-current Option Period. The decision to exercise the option to
extend the term of this Agreement is, at all times, within the sole discretion
of the City and is conditioned upon the prior written agreement of the
Contractor and the City Manager.
3. Compensation and Payment. The total value of this Agreement is not to
exceed $157,794.00, 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.
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.
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2016-399
9/27/16
M2016-114
T. F.Harper&Associates LP INDEXED
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:
Joshua Wentworth, Park & Recreation Superintendant
Park & Recreation
Phone: (361) 826-3483
Email: JoshuaW@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 COI 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 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.
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7. Inspection and Acceptance. Any Services 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. 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. 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.
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.
12. Subcontractors. Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors,
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Service Agreement Standard Form
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however, the Contractor must obtain prior written approval from the
Contract Administrator if the subcontractors were not named at the time of
bid or proposal, 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 COI 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.
13. Amendments. This Agreement may be amended or modified only by
written change order signed by both parties. Change orders may be used
to modify quantities as deemed necessary by the City.
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 related 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: Joshua Wentworth
Park & Recreation Superintendant
Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401
Fax: (361) 826-3174
IF TO CONTRACTOR:
T.F. Harper 8, Associates LP
Attn: Angie Randolph
Title: Account Representative
Address: 103 Red Bird Lane, Austin, Texas 78745-3122
Fax: (512) 440-0736
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17. CONTRACTOR AGREES TO 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 ANY NATURE WHATSOEVER ON ACCOUNT
OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS'
COMPENSATION CLAIMS), 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 THIS AGREEEMENT OR THE
PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER
THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED
TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY
NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE
NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY
OTHER PERSON. 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 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 perform the work specified in this Agreement or to keep any
required insurance policies in force during the entire term 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.
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(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. 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.
20. 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.
21. 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 and its attachments
B. the bid solicitation document, including addenda (Exhibit 1)
C. the Contractor's bid response (Exhibit 2)
22. 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.
23. Governing Law. This Agreement is subject to all federal, State, and local
laws, rules, and regulations. 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.
24. Entire Agreement. This Agreement constitutes the entire agreement
between the parties concerning the subject matter of this Agreement and
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Service Agreement Standard Form
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supersedes dl prior negotiations, arrangements, agreements and
understandings, either oral or written, between the parties.
(SIGNATURE PAGE FOLLOWS)
City of Corpus Christi Page 7 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
CONTRACTOR T.F.Harper&Associres,U
Signature:
general prow of T.P.Napa , ,. - LP
Printed Name:
Title: Thomas F.fit,Monist o0iiariet 1• '• LLC
in its capacity in gem partner fi»T.F.Roper&Associates,LP
Date:
CITY OF CORPUS CHRISTI t
Signature: 1Y��� �,�Q (�
Printed Name: Mar. Q� Yom sr COACH._ 9-12:1 I�J
Title: Pro c..c.A_w- rN-‘.e .- i\r\ 1 e ✓
Date: 9 - ? - l sECRerA v
ATTEST:
'� t/C-1 :
REBECCA HUERTA
CITY SECRETARY
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. None
Exhibit 2: Contractor's Bid/Proposal Response
City of Corpus Christi Page 8 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Attachment A - Scope of Work
Contractor will install various playground items referenced on Attachment B - Bid/Pricing
Schedule and 4,675 S.F. of artificial Turf for two play areas and one fitness area. The turf
will be installed over a 2" pad.
Any installation charges quoted are based upon a soil work site (not rocky) that is freely
accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/-
1-2% max slope). Any site work not expressly described is excluded. All underground
utilities must be located and clearly marked before any work can begin. Installation of
all products (equipment, borders, ground cover, amenities) are as quoted and approved
by acceptance of quote/drawing.
Attachment B - Bid/Pricing Schedule
arpor BUYBOARD PROPOSAL 103 Red Bird Lane
t' Austin,Texas
associates LP 78745-3122
TO: City of Corpus Christi-Parker Park CONTRACT#423-13 QUOTE#: 051116-05tb
Atm: Joshua Wentworth FOR PURCHASE THRU BUYBOARD. DATE: May II,2016
Address: 1201 Leopard St,Corpus Christi,Texas 78401 PLEASE FAX YOUR PURCHASE ORDER REVISED: June 16,20IC,
Install Site: Parker Park,Corpus Christi,Texas AND SIGNED QUOTE TO BUYBOARD
pAND T.F.HARPER&ASSOCIATES LP TO REVISED: August 4,2016
Phone: 361-826-3483 INSURE COMPLIANCE&RECEIPT OF
Email: JoshuaW(alcctexas.com YOUR ORDER.
Playgrounds Parker Park
QTY DESCRIPTION OF EQUIPMENT UNIT PRICE TOTAL COST
5-12 Playground:
I Gametime#TJ-05010-16-2A2 Custom Ramped 5-12 Power Scape Play Unit $35,987.00
2-5 Playground:
Gametime#TJ-05010-16-2A1 RI Custom 2-5 Power Scape Play Unit $23,695.00
Fitness Equipment(option 3):
I Xccent#52020,Large Fitness Information Sign,In-Ground $850.00
I Xccent#50421,Knee Raise Dip Combo $2,400.00
I Xccent#48972,Wave Ladder $2,425.00
Xccent#52932,Plyometric Boxes 12" $330.00
I Xccent#52934,Plyometric Boxes 18" $345.00
I Xccent#52936,Plyometric Boxes 24" $360.00
I Xccent#48958,Step&Balance Stretch Combo $2,300.00
I Xccent#50467,Double Lower Back Trainer $1,750.00
I Xccent#50479,Balance Beam $875.00
Less Buyboard Discount ($4,992.00)
I Freight on Above Equipment $8,160.00
I Installation of Above Equipment $28,850.00
Artificial Turf Surfacing:
4,675 S.F.Artificial Turf for the Two(2)Play Areas and One(I)Fitness Area,70 oz.Weight,Installed $49,737.00
over a 2"Pad. To be Installed over Owner Furnished Concrete Slab and within Owner
Furnished Concrete Curbs.
Bonding $4,722.00
I TOTAL $157,794.00
QUOTE IS VALID FOR 60 DAYS FROM DATE OF QUOTE OR DATE OF REVISION.
OWNER RESPONSIBLE FOR CONCRETE BORDERS AND CONCRETE BASE SLAB IN THE PLAY&FITNESS AREAS.
NOT INCLUDED: Sales Tax(RESALE OR EXEMPTION CERTIFICATE REQUIRED),Permits,Bonds/Fees(if required),Site
Work in Excess of Normal Installation(example: site prep-excavation/infill,concrete slab,french drains,excess rock removal,
landscaping).
CONTINUED ON NEXT PAGE
Commercial Play and Recreational Equipment
playgrounds @ parker park-R080416 www.ffharper.com-- 800.976-0107--local:512.440.0707-- fax: 512.440.0736
t.v. a r puc9 BUYBOARD PROPOSAL 103 Red Bird Lane
Austin, Texas
. associates LP
78745-3122
PAGE 2 OF 2
Any installation charges quoted are based upon a soil work site(not rocky)that is freely accessible by truck,no fencing,tree/landscaping or utility
obstacles,etc.),and level(+/- 1-2%max slope). Any site work not expressly described is excluded. All underground utilities must be located and
clearly marked before any work can begin.Installation of all products(equipment,borders,ground cover,amenities)are as quoted and approved
by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities
during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components
have seated and/or cured(concrete footings,etc.).
Payment Terms: Progress Payments are Acceptable
Estimated Delivery&Installation: I I weeks from receipt of signed quote(or Purchase Order)and color selections.
Accepted by:
Date: P.O.#(if applicable):
PLEASE ISSUE PURCHASE ORDER IN VENDOR NAME OF T.F.HARPER&ASSOCIATES. LP
Thank you for giving us the opportunity to quote this equipment.
Angie Randolph
Commercial Play and Recreational Equipment
playgrounds @ parker park-R080416 www.tfharper.com-- 800.976-0107--local: 512.440.0707-- fax:512.440.0736
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Attachment C - Insurance /Bond Requirements
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained_and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation
one (1) copy of Certificates of Insurance 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 endorsement
is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises-Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
•
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
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 statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
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 renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit 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, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, 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,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination 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 stop work hereunder,
and/or withhold any payment(s) 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 contract.
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 contract.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2016 Insurance Requirements
Parks and Recreation
Park Equipment and Turf surfacing
08/17/2016 my Risk Management
00 6113 PERFORMANCE BOND BOND NO.
Contractor as Principal Surety
Name: Name:
Mailing address(principal place of business): Mailing address(principal place of business):
Physical address(principal place of business):
Owner
Name: City of Corpus Christi,Texas
Mailing address(principal place of business):
Purchasing Division Surety is a corporation organized and existing
1201 Leopard Street 4'Floor under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
Contract its license to execute bonds in the State of Texas.
Project name and number:Playground Equipment
and Installation for Parker Park Service Agreement Telephone(main number):
No.37092
Telephone(for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Contract Price:
$157,794.40
Telephone:
Bond E-Mail Address:
Date of Bond:
(Date of Bond cannot be earlier than Award Date The address of the surety company to which any
of the Contract) notice of claim should be sent may be obtained
Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the
this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439
be deemed an original.
Performance Bond 00 61 13-1
Playground Equipment and Installation for Parker Park Req.37092 Rev 01-13-2016
Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this
Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative.
The Principal and Surety bind themselves,and their heirs,administrators,executors,successors and
assigns,jointly and severally to this bond.The condition of this obligation is such that if the Contractor as
Principal faithfully performs the Work required by the Contract then this obligation shall be null and
void;otherwise the obligation is to remain in full force and effect.Provisions of the bond shall be
pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code
as amended and all liabilities on this bond shall be determined in accordance with the provisions of said
Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces
County,Texas for any legal action.
Contractor as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
Date: Date:
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Performance Bond 00 61 13-2
Playground Equipment and Installation for Parker Park Req.37092 Rev 01-13-2016
00 6116 PAYMENT BOND BOND NO.
Contractor as Principal Surety
Name: Name:
Mailing address(principal place of business): Mailing address(principal place of business):
Physical address(principal place of business):
Owner
Name: City of Corpus Christi,Texas
Mailing address(principal place of business):
Purchasing Division cn Surety is a corporation organized and existing
1201 Leopard Street 4 Floor under the laws of the state of:
Corpus Christi,Texas 78401
By submitting this Bond,Surety affirms its
authority to do business in the State of Texas and
Contract its license to execute bonds in the State of Texas.
Project name and number: Playground Equipment
and Installation for Parker Park Service Agreement Telephone(main number):
No.37092
Telephone(for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Contract Price: $157,794.40
Bond Telephone:
E-Mail Address:
Date of Bond:
(Date of Bond cannot be earlier than Award Date The address of the surety company to which any
of Contract) notice of claim should be sent may be obtained
Said Principal and Surety have signed and sealed from the Texas Dept.of Insurance by calling the
this instrument in 4 copies,each one of which shall following toll-free number:1-800-252-3439
be deemed an original.
Payment Bond Form 00 61 16-1
Playground Equipment and Installation for Parker Park Service Agreement No.37092 Rev.01-13-2016
Surety and Contractor,intending to be legally bound and obligated to Owner do each cause this Payment
Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal
and Surety bind themselves,and their heirs,administrators,executors,successors and assigns,jointly
and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays
all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work
required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain
in full force and effect.Provisions of the bond shall be pursuant to the terms and provisions of Chapter
2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall
be determined in accordance with the provisions of said Chapter to the same extent as if it were copied
at length herein. Venue shall lie exclusively in Nueces County,Texas for any legal action.
Contractor as Principal Surety
Signature: Signature:
Name: Name:
Title: Title:
Email Address: Email Address:
Date: Date:
(Attach Power of Attorney and place surety seal below)
END OF SECTION
Payment Bond Form 00 61 16-2
Playground Equipment and Installation for Parker Park Service Agreement No.37092 Rev.01-13-2016
Attachment D - Warranty Requirements
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FITNESS
WARRANTY
LIMITED WARRANTY:Xccent Fitness warrants its products to LIMITED WARRANTY TIME PERIODS on Xccent Fitness Active
the original customer to be free from structural failure due to Outdoor Fitness and Motion Wellness Systems products.
defect in materials or workmanship during normal use and
installation in accordance with our published specifications. 100-YEAR LIMITED WARRANTY:Stainless steel fasteners,
This warranty will commence on the date of the Xccent steel posts and caps,steel arches and stainless steel
Fitness invoice and terminate at the end of the period stated fasteners, against structural failure due to corrosion or
below, manufacturing defects and against structural failure due to
This Warranty is valid ONLY if the products are installed material or manufacturing defects.
properly and in conformance of the specifications,
installation guides,Xccent Fitness design layout,and 15-YEAR LIMITED WARRANTY:On all steel components
properly maintained in accordance with the maintenance (except 100-year steel posts and arches),vinyl coated decks,
schedule provided within the installation instructions. ramps,beams,stairs and seating surfaces against structural
Xccent Fitness reserves the right to accept or reject any claim failure due to material or manufacturing defects.
in whole or in part.Xccent Fitness will not accept the return
of any product without prior written approval. 7-YEAR LIMITED WARRANTY:Site furnishings against
structural failure due to materials or workmanship.
WARRANTY EXCLUSIONS:This Warranty does not cover:
cosmetic defects,such as scratches,dents, marring,or 5-YEAR LIMITED WARRANTY:On all PVC handholds,foot
fading;damage due to incorrect installation,vandalism, pads,ropes,plastic components against structural failure
misuse,accident,wear and tear from normal use,exposure due to material or manufacturing defects.
to extreme weather;immersion in salt or chlorine water,
unauthorized repair or modification, abnormal use, lack 3-YEAR LIMITED WARRANTY:On bumpers, urethane
of maintenance,or other cause not within Xccent Fitness' handles,mechanical torsion systems, bearings,or other
control. moving parts against structural failure due to material or
This warranty does not cover damages due to"Acts of God", manufacturing defects.
such as hail,flooding, lightning,tornadoes,sandstorms, .
earthquakes,windstorms. For complete warranty
information, please visit Xccentfitness.com or contact your
local authorized Xccent Fitness representative.
For complete warranty information, please visit
XccentFitness.com or contact your local authorized Xccent
Fitness representative
INSTALLATION:Xccent Fitness shall provide warranty
repair or replacement parts free of charge,but will not be
responsible for cost of freight, labor or provision of labor for
removal of defective parts and installation of replacement
parts. Replacement parts shall be guaranteed for the
remainder of the original warranty period.
Xccent Fitness 800.933.4748 I www.xccentfitness.com I info@xccent.biz
Warranty Information
The Industry's Best Warranty
GameTime offers you peace of mind with one of the best,most all-encompassing warranties in
the industry.
Our Warranty
We want to assure you that we are part of your community playground Iong after the sale is
made.Our quality is legendary,and we stand behind our products with one of the best warranties
in the business and a level of customer service that assures you that your needs will be met. For
complete Warranty information,consult your GameTime sales representative.
For the purpose of this warranty,"lifetime"encompasses no specific term of years,but rather
that seller warrants to its original customer for as long as the original customer owns the product
and uses the product for its intended purpose that the product and all its parts will be free from
defects in material and manufacturing workmanship.
• Lifetime limited warranty on PowerScape®, PrimeTime®and Xscape®uprights.
• Lifetime limited warranty on all hardware.
• Lifetime limited warranty on GameTime PowerScape Tru-Loc®connections.
• Lifetime limited warranty on PrimeTime®and Xscape bolt-through connections.
•$ • Fifteen-Year limited warranty on metal decks,pipes,rungs,rails and loops.
• Fifteen-Year limited warranty on rotationally molded products.
• Five-Year limited warranty on glass fiber reinforced concrete PlayWorx®structures.
• Twenty-Year limited warranty on Timber Decor®&Timbers recycled plastic lumber.
• Five-Year limited warranty on nylon-covered cable net climbers and components.
• Ten-Year limited warranty on pressure-treated pine and redwood products.
• Ten-Year limited warranty on Advanced, Elite&stationary Base Series posts&bars.
• Ten-Year limited warranty on site furnishings.
• Ten-Year limited warranty on integrated GTShade®products.
• Ten-Year limited warranty on fiberglass and DHPL signage.
• Five-Year limited warranty on Super SeatsTM.
• Three-Year limited warranty on SaddleMates®rubber and"C"-springs.
• One-Year limited warranty on all other GameTime products.
All warranties specifically exclude damage caused by vandalism;negligence,improper
installation or improper use;changes in appearance resulting from weathering;scratches,dents
or marring as a result of use. Warranties are valid only if products are installed and maintained in
accordance with GameTime instructions and use approved parts.
IGR$ SS
Pour-In-Place Playground Safety Surfacing
Five Year Limited Warranty
XGrass warrants the Pour-in-Place Playground Safety Surfacing("the Surfacing")installed for
("the Owner"),located at fora period of five(5)
years commencing from the date of substantial completion established on and expiring
on .
This limited warranty includes only XGrass'obligation to repair,replace or issue a credit,at XGrass'option,for
defective material or workmanship in the Surfacing that has failed during the warranty period. A failure in the
Surfacing includes edge raveling,bubbling,delamination,peeling or loss of integrity as a result of degradation.
XGrass is under no obligation or responsibility to repair and/or replace the Surfacing if damaged by vandalism
(including cuts,burns,gouges,etc.),misuse,abuse or alteration,improper subsurface design or construction,
improper drainage,improper or lack of maintenance,any foreign residue that may be deposited on the surface,
normal wear and tear,damage from sharp objects(high heels,spikes,etc.)or acts of God.
All warranty claims shall be made in writing to XGrass within ten(10)days after Owner has knowledge thereof,
but in no event later than ten(10)days after expiration of the warranty. Written notice shall include the date
of discovery of the failure,description of the failure,photos of the failure and a request for a warranty claim
meeting with XGrass at the location of the Surfacing for which the warranty claim is being made.XGrass shall not
be responsible for warranty claims if Owner fails to provide written notice within ten(10)days of discovery of the
failure.
XGrass shall determine the validity of all warranty claims after sufficient evidence has been gathered. XGrass
shall then repair,replace or issue a credit for any valid claims. Any credit issued to the Owner on a warranty claim
shall be on a prorated basis and may only be used to purchase replacement and/or additional Surfacing. The
prorated formula for issuing a credit shall be 100%of the original purchase price during year one,80%during
year two,60%during year three,40%during year four,and 20%of the original purchase price during year five.
Any dispute as to whether and to what extent there is a Surfacing failure and a subsequent valid warranty claim
within the meaning of this limited warranty shall be initially dealt with by joint investigation and discussion
between XGrass and the Owner in order to achieve a mutually agreeable solution. If such a solution cannot be
reached within thirty(30)days,then either XGrass or the Owner shall submit the matter to an arbitrator who
shall make a determination in accordance with the rules and regulations of the American Arbitration Association.
The decision of said arbitrator shall be binding on both parties.
This limited warranty does not include the subsurface(existing surface,existing or new aggregate,existing or
new concrete or existing or new asphalt). If the subsurface fails for any reason whatsoever(including hydrostatic
pressure,cracking,shifting,heaving or settling),this limited warranty shall be rendered invalid. If the subsurface
is new concrete and a curing agent was used,this limited warranty shall be rendered invalid. In addition,there
is no warranty against the Surfacing cracking along expansion joints or underlying cracks,or separating from an
adjacent border,curb or walkway. This limited warranty does not include discoloration as a result of exposure to
ultraviolet rays,unapproved cleaning materials or vandalism.
Note that surface temperature can rise significantly when exposed to direct sunlight. Shoes and/or socks must
be worn.
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Owner agrees that it will not,under any circumstances,make alterations to the Surfacing without the written
authorization of XGrass. Any unauthorized alterations by the Owner shall immediately void this limited warranty
and shall give rise to the duty of the Owner to hold harmless,defend and indemnify XGrass from any claim,suit
or cause of action,personal injury,death or property damage arising out of or related to said alteration.
This limited warranty is expressly made in lieu or any other warranties and is exclusive to the original Owner.
Owner acknowledges that this limited warranty shall be voided if the Owner fails to follow the maintenance
guidelines provided by XGrass. Owner agrees that in no event shall XGrass have any liability to Owner for
loss of use or loss of profits or any form of consequential damages. The following chemicals can damage the
Surfacing and should be avoided:disinfectants,concentrated chlorine bleach,gasoline,diesel fuel,hydraulic and
lubricating oils,acids and organic solvents.
Failure to pay for the Surfacing within the agreed upon terms shall void this limited warranty. Any damages to
the Surfacing during the curing period are the responsibility of the Owner and shall be repaired at the Owner's
expense. This limited warranty does not lessen or eliminate any other obligations of Owner to XGrass.
210 Hower Drive i t:706 272 0140 8 .. wruwxgrass.co,m
De'.cn,GA 30721 1. 706 529 0849 e:cus:omerservice@xgrass.com www softrakgreens.co'
& associates LP
Supplemental Warranty
The undersigned, as Installer for the above referenced project:
a. Does hereby guarantee the work performed by T. F. Harper & Associates LP on the above referenced project
against defects in workmanship for a period of one year from the date of the completion of the installation.
b. If the workmanship should become defective within the specified time, T. F. Harper & Associates LP will replace
and/or repair, as required, any such defects promptly at no additional cost to the owner of the above project.
c. In addition, if any component of the manufacturer's equipment is to be replaced under warranty by said
manufacturer, T. F. Harper & Associates LP will remove defective component and install replacement component
free of charge to customer.
d. This warranty does not include normal wear and tear, or repair and replacement of materials, which have been
abused, neglected, or not maintained in accordance with the manufacturer's recommended maintenance
procedures and schedules.
Date of Completion of Installation:
Claim Procedure: In the event a warranty claim is required, please contact
Nance Carmack, Sales Administrator
800-976-0107 or 512-440-0707
FAX: 512-440-0736
T. F. Harper & Associates LP
By:
Title: Date:
103 Red Bird Lane • Austin • Texas • 78745
512-440-0707 • 800-976-0107 • 512-440-0736 (F) • playground@tfharper.com
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3.5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-95351
TF Harper&Associates LP
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/05/2016
being filed.
City of Corpus Christi Date Ackn wledge�
261 I u,
3 Provide the identification number used by the governmental entity or state agency to track or identify the ontra t,and provide a
description of the services,goods,or other property to be provided under the contract.
37092
Provide and Install Playground&Fitness Equipment
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Thomas F, Harper Austin,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury.that the above disclosure is true and correct.
I
CINDI CHRYNotary Public,Statetateof of Texas
My Commission Expires
October 18, 2016 t
,,
—
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said GrYtt Pit-Tutor ,this the day of k,
20 ( ,to certify which,witness my hand and seal of office.
311(1.11at Pi/UR/Lc-
Signature of affie(etyxfrrtiirtlstig,�oath Printed name of it oath Title off, • .••• • -( •ath
'tet; tY� 1)LAUIc. 4`�ID�ZLVi,'S U C�lvt tVI YVj At�.YI,c.(.
Forms provided by Texas Eth' s Commission www.ethics.state.tx.us Version V1.0.277