HomeMy WebLinkAboutC2017-036 - 2/14/2017 - Approved 1'37, �
SERVICE AGREEMENT NO. 1030
OR
ias2 Playground Equipment and Installation for Bayshore
Park
THIS Playground Equipment and Installation for Bayshore Park Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas
home-rule municipal corporation ("City") and Exerplay, Inc. ("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 for Bayshore Park in response to Request for Bid/Proposal No. Vendor
Quote MM120716-4 ("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 of
poured-in-place surfacing ("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 $144,672.80, 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,
City of Corpus Christi Page 1 of 8
2017-036
2/14/17
Ord. 031065
Exerplay Inc.
INDEXED
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.
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 byreference 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
City of Corpus Christi Page 2 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
Services will not be rendered until the Contractor receives the signed
purchase release order.
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.
City of Corpus Christi Page 3 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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 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:
Exerplay, Inc.
Attn: Sarah Love
Title: Contracts Administrator/Accounting Assistant
Address: PO Box 1160, Cedar Crest, NM 87008-1160
Fax: (505) 281-0155
City of Corpus Christi Page 4 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
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.
City of Corpus Christi Page 5 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
(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
City of Corpus Christi Page 6 of 8
Service Agreement Standard Form
Approved as to Legal Form 7/1/16
supersedes all 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
j/
Signature: L1
Printed Name: G l les
Title: CS us,'vi,cS /I,1/404
rr
Date: (0j,207---
CITY
0,2(1/7CITY OF CORPUS CHRISTI
Signature:
Printed Name: --,r J`"-9- ✓c✓ �� _
Title: Pru c
Date: r // 5// ']
L1
ATTEST:
REBECCA HUERTA
Attached and Incorporated by Reference: CITY SECRETARY
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance/Bond Requirements
Attachment D: Warranty Requirements
(ILL
L�10
Incorporated by Reference Only: ►nth%
19
Exhibit l: RFB/RFP No. None iY COMM -""'---
Exhibit 2: Contractor's Bid/Proposal Response I'
SECRETARY
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 sell and supervise installation of various playground referenced on
Attachment B: Bid/Pricing Schedule at Bayshore Park. Contractor will supervise the
installation of the equipment components but, will be responsible to deliver and install
the Poured-in-Place fall zone surfacing for the Playground Equipment area
approximately 5492 sqft, and the Fitness Equipment Area approximately 1980 sqft.
Installation of the playground equipment will only be supervised by the Contractor.
Delivery:
1. All structures and large independent items are palletized and shrink wrapped and
require a forklift for unloading. if a forklift is not available, the City must have
necessary manpower to breakdown the pallets on the truck and remove the
equipment to a secure storage location. The trucking company personnel will
not unload.
2. On Site Storage of equipment is the responsibility of the City from the time the
shipment is received until completion of the project, unless otherwise arranged.
3. Security of equipment is the responsibility of the City unless otherwise arranged.
4. ExerPlay, Inc. is not responsible for vandalism, theft, or subsequent repairs and
replacement of equipment. This refers only to the protection of the delivered
equipment and does not apply to the warranty or replacement of any missing or
damaged parts.
Installation:
1. The installation price of the poured-in-place surfacing is based on normal soil
conditions. Unusual soil conditions that require the use of a jack hammer, or other
such equipment, will incur additional charges.
2. The installation price does not include removal of sand, or anything else, which
may hinder installation of equipment unless otherwise arranged.
3. The Contractor is not responsible for vandalism, security fencing, theft of
equipment or subsequent repairs or replacement.
4. The City is responsible for blue-staking the job site and staking out any
underground utilities prior to installation. The City is responsible should damage
occur.
5. The job site must be ready and area leveled, when the Contractor arrives to
begin the job. Any downtime shall incur additional fees.
6. Vehicle access must be provided to the jobsite. Heavy equipment access to the
jobsite may be required.
7. The City must provide a dumpster at the job site for removal of trash.
8. The Contractor will take all precautions to see that landscaping is not damaged
during the installation, but will not be responsible should such damage occur.
All installation shall be in accordance with the Public Playground Safety Handbook
latest edition produced by the U.S. Consumer Product Safety Commission.
Attachment B: Bid/Pricing Schedule
i , ~
PO Box 1160
Cedar Crest NM 87008-1160 exerPlay,' DATE NUMBER
Fax 505. 281.0155
Toll Free 800.457.5444 inc. 12/30/2016 MM120716-4
www.exerplay.com
QUOTATION
Quote Prepared for: Purchase Order to be Issued To:
City of Corpus Christi Exerplay, Inc.
Bay Shore Park PO Box 1160
Cedar Crest, NM 87008-1160
Buy Board Contract#512-16
Please fax a copy to Exerplay:505-281-0155
SHIPPED VIA TERMS REP FOB EST. SHIP DATE
Common Carrier Net 30 RV CorpusChrist 3-4 Wks ARO
ITEM DESCRIPTION QTY COST TOTAL
Bay Shore Park
Corpus Christi, TX
LANDSCAPE STRUCTURES
Below pricing adjusted for Coastal Corrosion
Protection Products
210739A Smart Play Venti, DB 1 39,090.00 39,090.00
218915 Global Motion, DB only 1 25,650.00 25,650.00
177332A Single Post Swing Frame 8' Beam Height Only 1 1,220.00 1,220.00
174018A Belt Seat w/Chains ProGuard Chains for 8' Beam 2 120.00 240.00
Height
173592A Oodle®Swing 1 5,125.00 5,125.00
192451A HealthBeat®Ab Crunch/Leg Lift Direct Bury, Order 1 1,570.00 1,570.00
Post Separately 1
192452A HealthBeat®Assisted Row/Push-Up Direct Bury, 1 1,370.00 1,370.00
Order Post Separately 1
192453A HealthBeat® Parallel Bars Direct Bury, Order Post 1 1,375.00 1,375.00
Separately 1
192460A HealthBeat® Pull-Up/Dip Direct Bury, Order Post 1 1,575.00 1,575.00
Separately 1
205942A Post w/1 Top Attachment Direct Bury 1 780.00 780.00
205944A Post w/2 and 0 Attachments Direct Bury 1 780.00 780.00
205947A Post w/3 Attachments Direct Bury 1 780.00 780.00
205941A Post w/No Attachment Direct Bury 1 780.00 780.00
207607A HealthBeat Blank Sign Set 4 0.00 0.00
Sub-Total 80,335.00
BuyBoard Contract#512-16 -5.00% -4,016.75
Disc Courtesy Discount -45.00% -36,150.75
Freight Freight/shipping charges (150-736-16) 5,706.00 5,706.00
FLEXITURF
PIP Playground Equipment Area, Poured-in-Place, 50% 71,754.00 71,754.00
Color/50% Black, 5492 sqft, 4 1/2"Thickness,
Delivered and Installed
BuyBoard Contract#512-16 -5.00% -3,587.70
PIP Fitness Equipment Area, Poured-in-Place, 50% 25,740.00 25,740.00
Color/50% Black, 1980 sqft, 3 1/2"Thickness,
Delivered and Installed
Supervised Ins... Supervised Installation of above equipment, per day 4 1,200.00 4,800.00
Quote prepared by Michelle Mckean TOTAL
Page 1
michelle@exerplay.com
PO Box 1160
Cedar Crest NM 87008-1160DATE NUMBER
Fax 505. 281.0155 exerp'a inc.
Toll Free 800.457.5444 12/30/2016 MM120716-4
www.exerplay.com
QUOTATION
Quote Prepared for: Purchase Order to be Issued To:
City of Corpus Christi Exerplay, Inc.
Bay Shore Park PO Box 1160
Cedar Crest, NM 87008-1160
Buy Board Contract#512-16
Please fax a copy to Exerplay:505-281-0155
SHIPPED VIA TERMS REP FOB EST. SHIP DATE
Common Carrier Net 30 RV CorpusChrist 3-4 Wks ARO
ITEM DESCRIPTION QTY COST TOTAL
Courtesy Disc... Courtesy discount -100.00% -4,800.00
Bond Performance/Payment Bond 4,893.00 4,893.00
Supervised Ins... Pricing is for the above listed equipment and 0.00
supervision of installation only, and does not include
additional insured addendum, off loading of
equipment at time of delivery, storage, security, site
preparation, security fencing, or any applicable
taxes, bonds or permits.
Equipment pricing is for 90 Days
**PLEASE SEE ADDENDUM**
Quote prepared by Michelle Mckean TOTAL $144,672.80
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Attachment C: Insurance/Bond Requirements
INSURANCE REQUIREMENTS
I. 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 Contract Administer 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 Attachment.
not
domiciled in Texas)
$500,000/$500,000/$500,000
Employers Liability
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.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2017 Insurance Requirements
Parks and Recreation
Park Equipment and Surfacing
01/03/2017 cg Risk Management
00 61 13 PERFORMANCE BOND BOND NO.
Contractor as Principal Surety
Name: Exerplay, Inc. Name:
Mailing address(principal place of business): Mailing address(principal place of business):
PO Box 1160
Cedar Crest, NM 87008-1160
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 4th 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: Telephone(main number):
1030—Playground Equipment and Installation at
Bayshore Park
Telephone(for notice of claim):
Local Agent for Surety
Name:
Award Date of the Contract: Address:
Contract Price:
$144,672.80
Bond Telephone:
E-Mail Address:
Date of Bond:
(Date of Bond cannot be earlier than Award Date of The address of the surety company to which any
the Contract) notice of claim should be sent may be obtained
Said Principal and Surety have signed and sealed this from the Texas Dept. of Insurance by calling the
instrument in 4 copies,each one of which shall be following toll-free number:1-800-252-3439
deemed an original.
Performance Bond 00 61 13-1
Playground Equipment and Installation at Bayshore Park Agreement 1030 Rev01-13-2016
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 at Bayshore Park Agreement 1030 Rev 01-13-2016
Attachment D: Warrant Re.uirements
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Landscape Structures Inc. ("Manufacturer") (l ,�
warrants that all playstructures and/or Uu 2017 Play Equipment Warranty
equipment sold will conform in kind and in landscape
quality to the specifications manual for the structures You have our word.
products identified in the Acknowledgment
of Order and will be free of defects in
manufacturing and material. Manufacturer All the warranties commence on date of Manufacturer's invoice. Should any
further warrants:
failure to conform to the above express warranties appear within the applicable
100-Year Limited WarrantymOn alls warrantyperiod, Manufacturer shall, upon beingnotified in writing and PlayShaper'Y aluminum posts,stainless p promptly
steel fasteners, clamps, beams and caps against after discovery of the defect and within the applicable warranty period, correct
structural failure due to corrosion/natural deterioration or such nonconformity either by repairing any defective part or parts,or by making
o
manufacturing defects, and on PlayBooster steel posts
against structural failure due to material or available a replacement part within 60 days of written notification. Manufacturer
manufacturing defects. shall deliver the repaired or replacement part or parts to the site free of charge,
15-Year Limited Warranty On all Evos and but will not be responsible for providing labor or the cost of labor for the removal
Weevos' steel arches,all plastic components(including
TuffTimbers edging),all aluminum and steel components of the defective part or parts,the installation of any replacement part or parts or
not covered above.Mobius-5 climbers,Rhapsody-Outdoor for disposal costs of any part or parts. Replacement parts will be warranted for
Musicallnstruments,decksandTenderTuff coatings(except
Wiggle Ladders,Chain Ladders and Swing Chain)against the balance of the original warranty.
structural failure due to material or manufacturing defects,
10-Year Limited Warranty On concrete products THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
against structural failure due to natural deterioration WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED
or manufacturing defects. Does not cover minor chips, TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
hairline cracks or efflorescence.
8-Year Limited Warranty On Aeronete
PARTICULAR PURPOSE.
climbers and climbing cables against defects in materials The remedies hereby provided shall be the exclusive and sole remedies of
or manufacturing defects.
5-Year Limited Warranty On Rhapsody the purchaser. Manufacturer shall not be liable for any direct, indirect, special,
cables and mallets against defects in materials or incidental or consequential damages.
manufacturing defects
3-Year Limited Warranty On all other Manufacturer neither assumes nor authorizes any employee, representative or
parts, i.e.: Pulse' products. CableCore products, any other person to assume for Manufacturer any other liability in connection
all swing seats and hangers, Mobius climber with the sale or use of the structures sold, and there are no oral agreements or
handholds, Wiggle Ladders, Chain Ladders and
ProGuard Swing Chain, Track Ride trolleys warranties collateral to or affecting this agreement.The warranties stated above
and bumpers, all rocking equipment including are valid only if the structures and/or equipment are erected in conformance
Sway Fun' gliders, PVC belting material
HealthBeat resistance mechanism, Seesaws, etc., with Landscape Structures' installation instructions and maintained according to
against failure due to corrosion/natural deterioration the maintenance procedures furnished by Landscape Structures Inc.; have been
or manufacturing defects. subjected to normal use for the purpose for which the goods were designed;
The environment near a saltwater coast can be
extremely corrosive. Some corrosion and/or have not been exposed to saltwater or salt spray; have not been subject to
deterioration is considered "normal wear" in this misuse,negligence,vandalism,or accident;have not been subjected to addition or
environment. Product installed within 500 yards
(457 meters) of a saltwater shoreline will only be substitution of parts;and have not been modified,altered,or repaired by persons
covered for half the period of the standard product
warranty,up to a maximum of five years,for defects other than Manufacturer or Manufacturer's designees in any respect which,in the
caused by corrosion. Products installed in direct judgement of Manufacturer,affects the condition or operation of the structures.
contact with saltwater or that are subjected to salt
spray are not covered by the standard warranty for To make a claim,send your written statement of claim,along with the original job
any defects caused by corrosion.
This warranty does not include any cosmetic issues number or invoice number to: Landscape Structures Inc. 601 7th Street South,
or wear and tear from normal use of the product, Delano, Minnesota, 55328-8605.
or misuse or abuse of the product. It is valid only
if the playstructures and/or equipment are
erected to conform with Landscape Structures'
installation instructions and maintained according
to the maintenance procedures furnished by Signed President Date: 01/01/2017
Landscape Structures Inc.
TURF Poured-in-Place
*.. Warranty
FlexiTURF,LLC.All rights reserved.All information contained
within subject to change without notice.
Owner:
Five (5) Year Limited Warranty for
Job Number
Located at
FlexiTURF warranty for a period of Five (5) years commencing from the date of
substantial completion date of and the warranty
shall expire on . This limited warranty shall
provide for 100% of the cost for necessary repairs caused by the failure of FlexiTURF
Poured-in-place surfacing only. This limited warranty includes only FlexiTURF's
obligation to repair and/or replace any defective materials or workmanship in the
surface area or surface areas that have failed during the warranty period. A failed area/
areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a
result of a failed system.
FlexiTURF is under no obligation or responsibility to repair and/or replace Poured-in-
place system due to damage by vandalism, product misuse, abuse or alteration,
improper slab or base or sub-base 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 FlexiTURF within thirty (30) days after the
Owner has knowledge thereof, but in no event later than thirty (30) days after expiration
of the warranty period. The written notification from the Owner shall include the
following: the date of the first notice of the failure, details of the failure, and photos of the
failed area.
FlexiTURF shall then determine the validity of all claims after sufficient evidence has
been gathered.
FlexiTURF will then notify and schedule a day to replace/repair the system if covered in
warranty.
Any dispute as to whether and to what extent there is a FlexiTURF Poured-in-place
surfacing system failure and a subsequent valid warranty claim within the meaning of
this warranty shall be initially dealt with by a joint investigation and discussion between
FlexiTURF and owner in order to achieve a mutually agreeable solution.
This Limited warranty covers ONLY the FlexiTURF Poured-in-place system.
This limited warranty does NOT include the underlying material (. existing surface,
existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying
material fails for any reason whatsoever (including hydrostatic pressure, cracking,
shifting, heaving), A failure in such systems can cause for the failure of FlexiTURF's
system. In such cases then FlexiTURF's warranty shall be void. If the underlying
material is concrete, a "curing agent" is NOT allowed. Additionally, there is no warranty
against surface cracking along expansion joints and underlying cracks, or separating
from an adjacent border, curb or walkway. This limited warranty does not include
discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism.
Owner agrees that it will not, under any circumstances, make alterations to the
FlexiTURF Poured-in-place surface without the written authorization of FlexiTURF. Any
unauthorized alteration by the Owner shall result in the immediate termination of all
warranties for FlexiTURF surfacing system.
As a result of alterations FlexiTURF will not be liable for injuries, defamation, or
improper CSPC/ADA guidelines.
Owner acknowledges that the limited warranty will be voided if the Owner fails to follow
the FlexiTURF Maintenance Guidelines. NOTE: The following chemicals can cause
potential damage to the FlexiTURF system and should be avoided: disinfectants,
concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, acids and organic
solvents.
If the contract price is not paid in a timely manner as per the terms and conditions of the
agreed contract, the limited warranty is automatically voided. Unless noted otherwise in
contract, any damages to the surface during the curing period will be repaired or paid
for at the Owner's expense.
Owner: Date:
FlexiTURF: Date:
"By signing,you are stating that you have read and understood all terms and you agree with them.
fr/J_,/.Ttrizp3onded Rubber Mulch
*4.. Warranty
FlexiTURF,LLC.All rights reserved.All information contained
within subject to change without notice.
Owner:
Three (3) Year Limited Warranty for
Job Number
Located at
FlexiTURF warranty for a period of three(3) years commencing from the date of
substantial completion date of and the warranty
shall expire on . This limited warranty shall
provide for 100% of the cost for necessary repairs caused by the failure of FlexiTURF
Bonded rubber Mulch surfacing only. This limited warranty includes only FlexiTURF's
obligation to repair and/or replace any defective materials or workmanship in the
surface area or surface areas that have failed during the warranty period. A failed area/
areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a
result of a failed system.
FlexiTURF is under no obligation or responsibility to repair and/or replace Bonded
rubber Mulch system due to damage by vandalism, product misuse, abuse or alteration,
improper slab or base or sub-base 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 FlexiTURF within thirty (30) days after the
Owner has knowledge thereof, but in no event later than thirty (30) days after expiration
of the warranty period. The written notification from the Owner shall include the
following: the date of the first notice of the failure, details of the failure, and photos of the
failed area.
FlexiTURF shall then determine the validity of all claims after sufficient evidence has
been gathered.
FlexiTURF will then notify and schedule a day to replace/repair the system if covered in
warranty.
Any dispute as to whether and to what extent there is a FlexiTURF Bonded rubber
Mulch surfacing failure and a subsequent valid warranty claim within the meaning of this
warranty shall be initially dealt with by a joint investigation and discussion between
FlexiTURF and owner in order to achieve a mutually agreeable solution.
This Limited warranty covers ONLY the FlexiTURF Bonded rubber Mulch system.
This limited warranty does NOT include the underlying material (. existing surface,
existing or new asphalt, concrete, base, sub-base or sub-grade). If the underlying
material fails for any reason whatsoever (including hydrostatic pressure, cracking,
shifting, heaving), A failure in such systems can cause for the failure of FlexiTURF's
system. In such cases then FlexiTURF's warranty shall be void. If the underlying
material is concrete, a "curing agent" is NOT allowed. Additionally, there is no warranty
against surface cracking along expansion joints and underlying cracks, or separating
from an adjacent border, curb or walkway. This limited warranty does not include
discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism.
Owner agrees that it will not, under any circumstances, make alterations to the
FlexiTURF Bonded rubber Mulch surface without the written authorization of FlexiTURF.
Any unauthorized alteration by the Owner shall result in the immediate termination of all
warranties for FlexiTURF surfacing system.
As a result of alterations FlexiTURF will not be liable for injuries, defamation, or
improper CSPC/ADA guidelines.
Owner acknowledges that the limited warranty will be voided if the Owner fails to follow
the FlexiTURF Maintenance Guidelines. NOTE: The following chemicals can cause
potential damage to the FlexiTURF system and should be avoided: disinfectants,
concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, acids and organic
solvents.
If the contract price is not paid in a timely manner as per the terms and conditions of the
agreed contract, the limited warranty is automatically voided. Unless noted otherwise in
contract, any damages to the surface during the curing period will be repaired or paid
for at the Owner's expense.
Owner: Date:
FlexiTURF: Date:
*By signing,you are stating that you have read and understood all terms and you agree with them.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
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.
2017-150616
ExerPlay, Inc.
Cedar Crest,NM United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/04/2017
being filed.
City of Corpus Christi Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the Contra t,and provide a
description of the services,goods,or other property to be provided under the contract.
1030
Playground Equipment and Surfacing
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
A, Official Seal
` VICKI E.WILMARTH
�, Notary Public
" '-=i-*. State of New Mexic
'' fr119 L
My Commission Expires�0
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said kS Qy aJ4. LO ve .. ,this the 4.‘t day of ;� ,
20 17 ,to certify which,witness my hand and seal of office.
1///:;Z(' 7//2 tL V I ck F lk)iI►�ta:r+ o(n ��yJ/ ��.bli'e Signature of offi r administering oath Printed name of officer administering oath Title of offieeadministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277