HomeMy WebLinkAboutContract 46471 CITY SECRRTAIVrf ,
CO MRACT NO.
CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH AND
PLAYCORE WISCONSIN, INC. D/B/A GAMETIME
I'
This Agreement("Agreement") is entered into this I
Yday of , 2015, ("Effective Date")
by and between City of Fort Worth, a home-rule municipal corporation, of the State of Texas, acting by
and through Susan Alanis, its duly authorized Assistant City Manager("City")and Playcore Wisconsin,
Inc. d/b/a GameTime, acting through its duly authorized agent Total Recreation Products, Inc., acting by
and through its President, Bryan O'Conner("Contractor").
WHEREAS,the City owns Patricia LeBlanc Park located at 6300 Granbury Cut Off Street, Fort
Worth,Texas 76132 ("Site");
WHEREAS, on February 11, 2014, the Fort Worth City Council authorized the purchase of
park and recreational equipment, shelter equipment, and field lighting products using Texas Association
of School Boards BuyBoard Contract No. 423-13 ("BuyBoard Contract") for an initial combined
amount of up to $500,000.00(M&C P-1 1623);
WHEREAS, in August 2014, the City utilized the BuyBoard Contract to secure the purchase
and installation of new playground equipment from Contractor for the Site;
WHEREAS, the City issued a purchase order for the playground equipment, which equipment
is set forth in more detail in Quote Number 69138,attached hereto as Exhibit A and incorporated herein
for all purposes ("Playground Equipment");
WHEREAS, the parties now desire to enter into this Agreement to provide for the installation
of the Playground Equipment;and
NOW, THEREFORE, in consideration of the mutual covenants and terms and conditions set
forth herein,the parties agree as follows:
1. Scope of Work. The Contractor shall perform or cause to be performed all work set forth in
Quote Number 69141 dated August 22, 2014 for installing the Playground Equipment("Work")
at the Site, which shall include, but not be limited to, all labor, materials, equipment, services,
and other items required to complete the Work at the Site. Quote Number 69141 is attached
hereto as Exhibit B and incorporated herein for all purposes.
2. Contract Tenn. The Work required under this Agreement shall begin no later than February 16,
2015 and shall be completed no later than April 9, 2015. The parties may agree, in writing, to
extend the term of this Agreement. Time is of the essence for this Agreement.
3. Consideration. In consideration for the Work to be performed hereunder, City shall pay
M Contractor Two Hundred and Two Thousand Eight Hundred Sixty-Nine Dollars and Seventy-
Six Cents ($202,869.76) ("Contract Sum") no later than twenty (20) days following the City's
verification and satisfaction that the Work is 100% complete. The consideration set forth herein
shall constitute full compensation for all Work to be performed under this Agreement. The
->, parties may amend this Agreement to allow for additional payment if additional services are
M required, per Section 5.
OFFICIAL RECORD
a
CITY SECRETARY
FT.WORTH,TX
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime I of 13
4. Chances in the Work. City may order changes in the Work within the general scope of the
Agreement consisting of additions, deletions, or other revisions, with the Contract Sum and
Term being adjusted accordingly. Such changes in the Work shall be authorized by written
change order or amendment signed by City and Contractor.
5. Warrantand Correction of Defective Work. For a period of two(2) year following the date of
completion of the Work, Contractor represents and warrants to the City that the materials and
equipment furnished under this Agreement and all of the Playground Equipment shall be new,
of good quality, in good working order, and perform as intended; and that the Work will be
performed in conformance with this Agreement and professional "workmanlike" standards and
free from defective or inferior materials and workmanship (including any defects consisting of
"inherent vice," or qualities that cause or accelerate deterioration). Contractor also represents
and warrants that the Work and materials used are not currently known to be harmful to public
health and safety. Work not conforming to these requirements may be considered defective.
Contractor agrees to cure any breach satisfactorily and consistent with industry standards for a
period of two (2) years from the date of completion of the Work, provided Contractor is given
notice and an opportunity to repair or replace the Work. Contractor shall commence any work
in accordance with this warranty within fourteen (14) calendar days from receipt of written
notice from the City and complete such work within thirty (30) business days thereafter at no
expense to the City. If the City observes any breach of warranty as described herein that is not
curable by the Contractor, then the Contractor is responsible for reimbursing the City for
damages, expenses, and losses incurred by the City as a result of such breach. The warranties
contained herein are not exclusive. Nothing contained in this section shall limit or exclude any
express or implied warranties, including, but not limited to, any manufacturer or product
warranties. To the extent that the Work, or any portion thereof, and any Playground Equipment
are covered by a manufacturer's warranty, Contractor shall provide copies of such warranties to
City. If any warranties are transferrable,then the Contractor shall transfer such warranties to the
City. The representations and warranties in this section shall survive the termination or other
extinction of this Agreement.
6. Indemnification. CONTRACTOR COVENANTS AND AGREES TO AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE,
CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS,
ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES
(INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF
DEFENSE), PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, AND/OR SUITS
OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS'
COMPENSATION ACT LIABILITY, AND PROPERTY DAMAGE) AND/OR
PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND
ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS
SOUGHT, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT,
ERROR, OR OMMISSION OF THE CONTRACTOR AND/OR ITS RESPECTIVE
OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS,
CONTRACTORS, SUBCONTRACTORS, AND REPRESENTATIVES IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR
NONPERFORMANCE OF THIS AGREEMENT. THE CONTRACTOR SHALL
REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR
SUBCONTRACTS AN INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY
THE SAME FORM AS ABOVE.
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 2 of 13
7. Insurance.
Contractor shall comply with the insurance requirements set forth in Exhibit C, which is
attached hereto and incorporated herein for al l purposes.
8. Contract Termination.
a. Termination for Convenience. The Work to be performed under this Agreement may be
terminated by the City, subject to written notice submitted twenty (20) calendar days
before termination, specifying the grounds for termination.
L If the termination is for the convenience of City, City shall pay Contractor for
Work actually rendered up to the effective date of termination, and Contractor
shall continue to provide the City with services requested by City and in
accordance with this Agreement up to the effective date of termination.
b. Termination for Cause. If either party to this Agreement shall willfully or negligently
fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants,
agreements, or stipulations material to this Agreement, the other party shall thereupon
have the right to terminate this Agreement by giving written notice to the defaulting
party of its intent to terminate, specifying the grounds for termination. The defaulting
party shall have thirty (30) days after receipt of the notice to cure the default(the "Cure
Period"). If the default is not cured during the Cure Period, then this Agreement shall
terminate. Termination of this Agreement under this provision shall not relieve the
party in default of any liability for damages resulting from a breach or a violation of the
terms of this Agreement.
9. Contractor Compliance Responsibilities. Contractor shall give notices and comply with all
laws, ordinances, rules, regulations and orders of public authorities bearing on performance of
the Work. Contractor warrants that it is properly licensed in the state to perform the Work
required by this Agreement.
10. Time Extension; Force Majeure. City or Contractor, as appropriate, shall grant a reasonable
extension of time to the other party if conditions beyond the parties' control or Acts of God,
adverse weather conditions, flood, riot, civil insurrection, labor strikes, or orders of local or
federal government render timely performance of the parties' services impossible or
unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must
inform the other in writing within ten (10) days of the onset of such performance delay,
specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions
beyond either party's reasonable control shall not be considered a breach of this Agreement;
provided, however, that such obligations shall be suspended only for the duration of such
conditions.
11. Safety. Contractor shall take all reasonable safety precautions with respect to performance of
the Work and shall comply with safety measures initiated by the City and all applicable laws,
ordinances, rules, regulations and orders of public authorities for the safety of persons and
property. Contractor shall report to City within seven days any injury to an employee, agent, or
contractor, or subcontractor of Contractor that occurred at the Site.
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 3 of 13
12. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto
with respect to the subject matter hereof, and no amendment, alteration, or modification of this
Agreement shall be valid unless in each instance such amendment, alteration or modification is
expressed in a written instrument, duly executed and approved by each of the parties. There are
no other agreements and understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
13. Severability. Should any portion, word,clause, phrase, sentence or paragraph of this Agreement
be declared void or unenforceable,such portion shall be modified or deleted in such a manner as
to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under
applicable law.
14. Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without prior
written consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior written consent shall be void. This Agreement shall be
binding upon and shall inure to the benefit of City and Contractor and its respective successors
and permitted assigns.
15. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver
of any subsequent default of any terms, covenants, and conditions of this Agreement. The
payment or acceptance of fees for any period after a default shall not be deemed a waiver of any
right or acceptance of defective performance.
16. Governing Law and Venue. If any action, whether real or asserted,at law or in equity, arises on
the basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District of
Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
17. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for
the benefit of City and Contractor, and any lawful successor or assign, and are not intended to
create any rights,contractual or otherwise,to any other person or entity.
18. Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
19. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort
Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under
this Agreement, City may terminate this Agreement to be effective on the later of(i) thirty (30)
days following delivery by City to Contractor of written notice of City's intention to terminate
or(ii) the last date for which funding has been appropriated by the Fort Worth City Council for
the purposes set forth in this Agreement.
20. Captions. Captions and headings used in this Agreement are for reference purposes only and
shall not be deemed part of this Agreement.
21. Audit. Contractor agrees that City will have the right to audit the financial and business records
of Contractor that relate to this Agreement (collectively "Records") at any time during the Term
of this Agreement and for three (3) years thereafter in order to determine compliance with this
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc,d/b/a GameTime 4 of 13
Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the
Contractor shall make all Records available to City on 1000 Throckmorton Street, Fort Worth,
Texas or at another location in City acceptable to both parties following reasonable advance
notice by City and shall otherwise cooperate fully with City during any audit. Contractor further
agrees to include in all of its contractor and subcontractor agreements a provision to the effect
that the contractor or subcontractor agrees that City shall, until the expiration of three (3) years
following completion of the Work have access during normal working hours to all contractor or
subcontractor facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this paragraph. City shall give contractor or
subcontractor reasonable advance notice of intended audits. Notwithstanding anything to the
contrary herein, this section shall survive expiration or earlier termination of this Agreement.
22. Counterparts and Electronic Signatures. This Agreement may be executed in several
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same instrument. A signature received via facsimile or electronically via email shall
be as legally binding for all purposes as an original signature.
23. Notices. All notices required or permitted under this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, or its authorized
agent, employee, servant, or representative, or (ii) received by the other party or its authorized
agent, employee, servant, or representative by reliable overnight courier or United States Mail,
postage prepaid, return receipt requested, at the address stated below or to such other address as
one party may from time to time notify the other in writing.
To THE CITY: To CONTRACTOR:
Director GameTime c/o Total Recreation Products, Inc.
Parks and Community Services Attn: Fred Morse
City of Fort Worth 14802 Grant Road
4200 South Freeway, Ste 2200 Cypress,Texas 77429
Fort Worth,Texas 76115
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Fort Worth,Texas 76102
24. Independent Contractor. It is expressly understood and agreed that Contractor shall operate as
an independent entity in each and every respect hereunder and not as an agent, representative, or
employee of the City. Contractor shall have the exclusive control and the exclusive right to
control all details and day-to-day operations and activities relative to operation of the Contractor
and installation of the Work and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees.
Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the
City and Contractor, its officers, agents, servants, employees, contractors, subcontractors,
licenses, and invitees. Nothing contained in this Agreement shall be construed as the creation of
a partnership or joint enterprise between the City and Contractor.
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 5 of 13
25. Authorization. By executing this Agreement, Contractor's agent or representative affirms that
he or she is authorized by the Contractor to execute this Agreement and that all representations
made herein with regard to Contractor's identity, address and legal status (corporation,
partnership, individual, etc.) are true and correct.
IN WITNESS HEREOF,the Parties hereto have executed this Agreement as of the Effective Date.
City of Fort Worth Playcore Wisconsin, Inc.
d/b/a GameTime,a Wisconsin corporation
by: Total Recreation Product, Inc.,
a Texas corporation,its duly authorized agent
b : l� b
Y Y:
san Alanis a O'Conner
ssistant City Manager President
APPROVED AS TO FORM
AND LEGALITY:
.1-
Tyler F. Wall
Assistant C414torney
ATTESTED BY: Q� VO,
Mary J. Kays
City Secretary
FXAS
Contract Authorization:
M&C #P-11623
DATE: February 11,2014
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a Gam Time 6 of 13
EXHIBIT A
PLAYGROUND
EQUIPMENT
by Total Recreation Products,Inc.
GameTrme°� 17802 Grant Road Cypress,Texas 77429 QUOTE
Phone:281-351-2402 1J69138
Toll Frce:800-392-9909
*L4'CORE c.,.,... Fax:281-351-2493
08/21/2014
TJ-01113-14 Rev 5 City of Fort Worth-Patricia Le Blanc Park-Option 1
City of Fort Worth Ship To Zip:76115
Attn:Scott E Penn
4200 S.Freeway,Suite 2200
Fort Worth,TX 76115
Phone:817-392-5750
Fax:817-392-5724
scolt.penn@fortworthlexas.gov
Otiantity Part It Dcscriptiun Unit Price Amount
1 RDU Game Time-TJ-01113-14-2A)RI Custom $280,786.00 $280,786.00
5-12 PowerScape Ramped Play Unit
1 38055 Game Time-Spinning Leaf Seat(tilted) $599.00 $599.00
1 6200 Game Time-Sky Runner(F/S) $2,236,00 $2,236.00
1 5055 Game Time-Merry-Go-All $4,492.00 $4,492.00
1 6219 Came Time-See Saw $1,468.00 $1,468.00
1 RDU Game Time-2 Bay Xscape Swing with(2) $2,669.00 $2,669.00
Bell Seals and(2)Tot Seats
I RDU Game Time-1 Xscape Single Bay with(2) $1,900.00 $1,900.00
Zero-G-Chairs
I RDU Game Time-4 Bay Xscape Swing with(2) $5,173.00 $5,173.00
Tot(4)Belt Seats and(2)Zero G Chairs
1 10777 Game Time-Tire Swing F/S,5"Od $1,897.00 $1,897.00
1 RDU Game Time-Freestanding Panels,Animal $16,710.00 $16,710.00
Trackcr,Sounds of Water,Truck Sounds,Train
Sounds,Farm Animals and Solar Panel
1 6223 Game Time-Merry Musical $3,622.00 $3,622.00
1 6051 Game Time-Dinosaur Saddlemate Jurassic $679.00 $679.00
Green
1 6065 Game Time-Dinosaur In-Ground Mount $322.00 $322.00
1 19274 Game Time-Jam Shack 56,192.00 $6,192.00
1 RDU Game Time-Surfacing Accessories,(6)2250 $3,554.00 $3,554.00
SF Geo Rolls
SubTotal: $332,299.00
Discount: ($114,238.30)
Estimated Freight: $19,527.41
Total Amount: $237,588.11
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 7 of 13
EXHIBIT B
WORK
by Total Recreation Products,Inc.
17802 GtantRoad Cypress,Taros 77429 QUOTE
Ga!l7eTilrle Plana:291351-2402 #69141
Toll Free:800-392-9909
rnr:- Fax:281-351-2493
08!22!2014
TJ-01113-14 Rav 5 City of Fort Worth- Patricia Le Blanc Park-Option 2
City ort'ort Worth ship To Zip:76645
AUn- Srntt-F.PPnn
4700 S.Freeway,Suite 2200
Fort Worth,TX 76115
PLuuc. 817-392-5750
tax:ZSL1-391.5'124
srni.t.pgmfafnrtwnrthtr-5ns gnir
I W52786 GT-hapax-640 Cubic Yards(t2.960SFlof $12.271.73 $12,271.73
Engineered Wood Fiber at 12"Compacted
Depth to Zip Code 76132-
FS-ice Inclucks Discount of$1,714..70 azul
Freight
1 PIP 14529 GT-Impar:-6,539 SF of Poured in Place $70,052.60 $70,052.60
Rubber Surfacing,50/50 Standanl Color-
Aromatic Binder,Non Prevailing Wa ges-
2 Areas One Mobilization
4598 SF at 8'Critical Fall Height,Including
262 Ln Ft of Turndown
1941 SF at 3'Critical Fall IIcight,including
172 Ln Ft of Turndown
1 IHSTALL GarnaTirne Provicionond Inctallationaf $23,019.02 $23,019.02
6439 SF of^atone Subbase for P oured in Placc
Surfacing-
No other site w ork,demolition or concrete
workincludad Acquiutionofanyandall
pelmd5 is the sole responsibility ofihe
customer.
1 EM 8/1244 GT-Impax-Pour InRace Airfacing(900SF) $13,405.71 $13,405.71
8'CFH
50150 Slunduld Culur-Arurijaik Binder S'
DFH
Pricing includes discount of$1713.60
1 NSTALL GwrlcTiittc-Iuslellatiuiiufclluipui:Titui1 $34,12070 $34,120.70
quote MY1J6-
lnstall inrli]dPs PT iipimPnt.,6439 SF of SYnnP
Subbase&cutting through concrete to place 4
Legs for(1)XEeapc Swing Bay.No other sits
wuik,dcIlLullllun ui 4uuilu CLC wulkinuludcd.
Acquisition orany andall perrmisisthesole
resp nnsihili ly of ih e cust.nmPr
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 8 of 13
c!n Total Recreation Products Customer: City of Fort Worth
(800)392-9909 Toll Free Project: Patricia Le Blanc Park
(281)351-2493 Fax Quote: TJ-0111314 Rev 5 Option 1
Color Selection Sheet
Please select a playpalelte or the indicated colors that are needed for the Items below.Once you have the
everything completed,please sign the form and send it back to us to gel your order in progress.Thank youl
Please reference the next page of this document(or pgs 206-209 of the 2014 GameTime catalog)
for the colors selections available.
TJ-01113-14-2A1R1 Custom 5-12 Play Unit yV/r l )•�P� SLAM4W
F OCAtA.T' Color Palette Choice(will apply chosen color to all below Items)
PIT
or select a color choice for each of the below items:
Accent Color Selection(Metal Choice)
Upright Color Selection(Metal Choice)
Plastic Color Selection(Plastic Choice)
HDPE Color Selection(HPDE Choice)(Mini Bus Panel,Scramble up Climber)
Deck Color Selection(Deck Choice)
Tube Color Selection(Plastic Cholceff un Seat Panel)
Arch Color Selection(Metal Choice)
Wallcano Color Selection(Rock Plastic Choice)(Vert Wall)
Handgrip Color Selection(Blue,Red,Beige,Green,Primary or Natural)(Ven Wall)
Ashlko and Djembe Color Selection(Plastic Choice)
Calabazo Color Selection(Plastic Choice)
Ganza Color Selection(Plastic Choice)
Udus Color Selection(Plastic Choice)
Unl Plastic Color Selection(Rock Plastic Cholce)(River Rock Climber)
2 HDPE Color Selection(2 HPDE Choice)(Letters Maze Panel)
Sginnino Leaf Seat
Accent Color Selection(Metal Choice)
Plastic Color Selection(Plastic Choice)
Sky Runner
Accent Color Selection(Metal Choice)
Upright Color Selection(Metal Choice)
Merry Go All
Upright Color Selection(Metal Choice)
Plastic Color Selection(Plasfic Choice)
See Saw
Accent Color Selection(Metal Choice)
Upright Color Selection(Metal Choice)
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 9 of 13
2 Bay Xscape Swina with 4 Bolt Seats
Upright Color Selection(Metal Choice)
Stnale Xscape Swing with 2 Zero G Chairs
Upright Color Selection(Metal Choice)
Plastic Color Selection(Plastic Choice)
4 Bay Xacens Swing with 2 Tot Seats and 4 Belt Seats
rjTo,.i.! Upright Color Selection(Metal Choice)
to Plastic Color Selection(Plastic Choice)
Tire Swing
Upright Color Seloction(Metal Choice)
Fresetandina Panels
Upright Color Selection(Metal Choice)
Plastic Color Selection(Plastic Choice)
Merry Musical
Accent Color Selection(Metal Choice)
Upright Color Selection(Metal Cholce)
Ashiko and Djembe Color Selection(Plastic Choice)
Calabazo Color Selection(Plastic Choice)
Ganza Color Selection(Plastic Choice)
Udus Color Selection(Plastic Choice)
Bongos Color Selection(Plastic Choice)
Jam Shack
Accent Color Selection(Metal Choice)
Roof Color Selection(Beige, Blue,Brown,Earth Green Meadow,Red,Royal Purple,
Sky Blue,Spring Green,Yellow,Stone)
Upright Color Selection(Metal Choice)
Ashiko Color Selection(Plastic Choice)
Ganza Color Selection(Plastic Choice)
Bongos Color Selection(Plastic Choice)
Djembe Color Selection(Plastic Choice)
anis Color Selection(Plastic Cholce) �1 1•�,PE 5(axs N66, 6E ' '
wrzl
�ILtf�.
Sighature Date
Color Choices Located on Next Page
2014 Color Palette Options for GameTime Play Systems(Discrete or Custom)
Periwinkle(comprised of:Blue Plastics,Butterscotch Uprights,Butterscotch Metal and Blue Decks)
Festive(comprised of Green Plastics,Butterscotch Uprights,Red Metal and Blue Decks)
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 10 of 13
Citrus(comprised of Yellow Plastics,Orange Uprights,Spring Green Metal and Red Decks)
Candy(comprised of.,Blue Plastics,Burgundy Uprights,Butterscotch Metal and Blue Decks)
Foreat(comprised of.,Green Plastics,Brown Uprights,Beige Metal and Brown Decks)
Tlmbor(comprised of Brown Plastics, Beige Uprights,Green Metal and Brown Decks)
Navy(comprised of Blue Plastics,Red Uprights,White Metal and Red Decks)
Delightful(comprised of Blue Plastics,Spring Green Uprights,Burgundy Metal and Blue Decks)
Fresh(comprised of Beige Plastics,Green Uprights,Spring Green Metal and Brown Decks)
Spring(comprised of Purple Plastics, Sky Blue Uprights,Spring Green Metal and Blue Decks)
Ocean(comprised of Sky Blue Plastics,Metallic Uprights, Yellow Metal and Blue Decks)
Fall(comprised of Yellow Plastics,Butterscotch Uprights,Orange Metal and Red Decks)
Playful(comprised of Spring Green Plastics,Metallic Uprights, White Metal and Blue Decks)
Flashy(comprised of:Red Plastics,Royal Purple Uprights,Butterscotch Metal and Blue Decks)
Dazzle(comprised of.Yellow Plastics,Burgundy Uprights,Butterscotch Metal and Dark Green Decks)
Galaxy(comprised of Sky Blue Plasbcs,Bronze Uprights, While Metal and Brown Decks)
Natural Bronze (comprised of.Spring Green Plastics,Bronze Uprights,Beige Metal and Dark Green Decks)
Starlight(comprised of.,Sky Blue Plastics,Starlight Black Uprights,Motallic Metal and Red Decks)
2014 Metal Color Options
Yellow Burgundy Spring Green Beige Bronze
Butterscotch Royal Purple Green Metallic Starlight
Orange Blue Dark Green Black
Red Sky Blue Brown White
2014 Plastic Color Options
Yellow Blue Green Eco Meadow
Red Sky Blue Brown Eco Earth
Royal Purple Spring Green Beige Eco Stone
2014 Deck!Coated Site Color Options
Dark Green Red Blue Brown
2014 Rock Plastic Colors
Deep Granite Meadow Sandstone Stone Earth
2014 Polyethylene Colors(HDPE)
Red Yellow Green Blue Beige
Orange Purple Black Grey
2014 Polyethylene 2 Color(HDPE)
Red/Yellow Yellow/Red Green/Beige Blue/Beige Beige/Green
RedlWhite Yellow/Black GreenlWhite Blue/White Black/White
2014 Shade Canopy and Frame Colors
Canopies: Sunflower Yellow Red Royal Blue Laguna Blue
Navy Blue Turquoise Rain Forest Terra Cotta Arizona
Silver Black White
2014 Web Colors
Red Black
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime I I of 13
EXHIBIT C
INSURANCE
1. Duty to Acquire and Maintain. Contractor shall ensure that a policy or policies of insurance are
procured and maintained at all times, in full force and effect, to provide coverage of the types and
amounts specified herein, naming the City as an additional insured and covering all public risks related to
the use, occupancy, condition, maintenance, existence, or location of the Park. The insurance required
hereunder may be met by a combination of self-insurance and primary and excess policies.
2. Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including coverage for
the following: (i) Premises Liability; (ii) independent contractors; (iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse,and underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $5,000,000.00
d. Environmental Impairment Liability(EIL)&/or Pollution Liability
(1) $2,000,000 per occurrence
(2) $5,000,000 aggregate
e. Automobile Liability:
(l) $1,000,000.00 per accident, including, but not limited to, all owned, leased,
hired, or non-owned motor vehicles used in conjunction with the rights granted under this
Agreement
f. Worker's Compensation:
(1) As required by law
g. Employer's Liability
(1) $1,000,000.00 per accident
3. Revisions to Required Coverage. The policy or policies of insurance shall be endorsed to provide
that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal,
or amendment, shall be made without thirty(30)days' prior written notice to the City.
4. Underwriters and Certificates. Contractor shall ensure that insurance is procured and maintained
Contract for Services Between the City of Fort Worth and Playcore Wisconsin,Inc.d/b/a GameTime 12 of 13
with underwriters who are authorized to do business in the State of Texas and who are reasonably
acceptable to the City in terms of solvency and financial strength. Within ten (10) business days
following execution of this Agreement, Contractor shall ensure that City is furnished with certificates of
insurance signed by the respective companies as proof that the types and amounts of insurance coverage
required herein have been obtained. In addition, Contractor shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
5. Deductibles. Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $500,000.00 in the annual aggregate unless the limit per occurrence or per line of
coverage,or aggregate is otherwise approved by the City.
6. No Limitation of Liability. The insurance requirements set forth in this section and any recovery
by the City of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit or in any way affect Contractor's liability to the City or other persons as
provided by this Agreement or law.
Contract For Services Between the City of Fort Worth and Playcore Wisconsin,fnc d/b/a GameTime 13 of 13
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/11/2014
DATE: Tuesday, February 11, 2014 REFERENCE NO.: **P-11623
LOG NAME: 13P14-0047 PLAYGROUND EQUIPMENT AND SUPPLIES-SB
SUBJECT:
Authorize Non-Exclusive Purchase Agreement for Park and Recreational Equipment, Shelter Equipment
and Field Lighting Products Using Cooperative Contracts for the Parks and Community Services
Department for the Initial Combined Annual Amount Up to $500,000.00 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize a Non-Exclusive Purchase Agreement for park and
recreational equipment, shelter equipment, and field lighting products using Texas Association of School
Boards BuyBoard Contract No. 423-13 for the Parks and Community Services Department for the initial
combined annual amount up to $500,000.00.
DISCUSSION:
The Parks and Community Services Department (PACS) will utilize these Agreements to purchase new
equipment and replacement pieces, from multiple vendors which will be installed by the PACS Small
Capital Projects Crews (SCPC) and maintenance staff.
The PACS staff recommended vendor list includes multiple vendors offering a variety of products including
benches, bike racks, picnic tables, cookers, playground equipment supplies, shelter equipment
accessories, recreational equipment, field recreation products and replacement parts for various
projects. Current recommended vendors include Child Play, Inc., InSite Amenities, L.P., and Total
Recreation Products, Inc., as authorized dealer for Playcore Wisconsin, Inc. d/b/a Game Time. The
SCPC has 12 to15 projects per year that require the purchase and installation of park equipment. In
addition, replacement parts are needed to maintain park facilities. This Non-Exclusive Agreement will
allow expeditious and efficient procurement of new and replacement parts.
PRICE ANALYSIS - The pricing was obtained using the previous pricing available under the Texas
Association of School Boards (TASB) Contract No. 346-10 on the basis of pricing, availability, and
quality. The new contract price percentage reflected a decrease on certain items and other items pricing
remained the same as the previous contract. The 2014 pricing did not significantly increase. PACS staff
certifies the available products meet specifications for quality and the proposed prices offered are fair and
reasonable. No specific purchased amount of goods and services are guaranteed; however, PACS staff
estimated annual expenditures in a combined amount up to $500,000.00.
COOPERATIVE PURCHASE - The Purchasing Division will use TASB Contract No. 423-13 to acquire
park and recreational equipment, shelter equipment, field lighting products and replacement parts. State
Law provides that a local government purchasing an item under a Cooperative Purchasing Agreement
satisfies state law requiring that the local government seek competitive bids for purchase of the
item. TASB contracts have been competitively bid to increase and simplify the purchasing power of
government entities across the State of Texas.
Logname: 13P14-0047 PLAYGROUND EQUIPMENT AND SUPPLIES-SB Page 1 of 2
M/WBE OFFICE -A waiver of the goal for NIBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
ADMINISTRATIVE CHANGE ORDER - An Administrative Change Order or increase may be made by the
City Manager in the amount up to $50,000.00 and does not require specific City Council approval as long
as sufficient funds have been appropriated.
AGREEMENT TERMS - Upon City Council approval, this Agreement will begin on January 29, 2014. The
TASB Agreement will expire on September 30, 2014 to correspond with the terms of cooperative contract.
RENEWAL OPTIONS - This Agreement may be renewed for up to two additional one-year terms at the
City's option providing TASB renews its contract. This action does not require specific City Council
approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations
during the renewal term. Staff anticipates that the cost for renewal years shall remain approximately the
same as the first year.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the funds are available in the current operating
and capital budgets, as appropriated, of the Parks and Community Services Department.
BQN\14-0047\SB
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Boros (8517)
Sheila Baker (8356)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS
1. Current Vendors 423-13.pdf (CFW Internal)
2. Price List 423-13.pdf (CFW Internal)
3. TASB 423-13.pdf (CFW Internal)
4. Waiver 14-0047.pdf (CFW Internal)
Logname: 13P14-0047 PLAYGROUND EQUIPMENT AND SUPPLIES-SB Page 2 of 2