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Home My WebLink About130058 WOODS SITE AND PLAYSCAPES - CONTRACT - BID - 5640 POURED-IN-PLACE RUBBERIZED SAFETY SURFACESERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Woods Site & PlayScapes, Inc., hereinafter referred to as "Service Provider". W ITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services The services to be performed pursuant to this Agreement shall be initiated within five (5) days following execution of this Agreement. Services shall be completed no later than December 31, 2001. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by SA 10/97 DEC-19-2001 10:55A FROM:VITRICON PLAYGROUND 6312316576 TO:1970221670748523 P:2 ACORA CERTIFICATE OF LIABIL11 ITY INSURANCk1L �l PRODUCER THIS CERTIFI ATE IS ISSUED A8 A MA ER O INI Sammis Smith 6 Brush Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTI 125 Froehlich Farm Blvd, HOLDER. THIS CERTIFICATE DOES NOT AMEND, El Woodbury NY 11797 ALTER THE COVERAGE AFFORDED BY THE POLIO Phone: 516-921-6700 INSURERS AFFORDING COVERAGE 61 ANOVER SPECTALTIES, INC. s Drive Hauppauge NY 11788 B: D: Co. DATE (MMIDDIY1y OPl TTJT THE POLILTES OF INSURANCE LISTED rONDn7ON of HAVESEENISSUED TO THE INSURED NAMED ABOVE FOR THE PCUGy�QQ I DOCUMENT WITH RESPECT TO WHICH TNmYTERTPI TE MAY BE ISSUEDR DING ANY REOWRE THE I SURt CR AFFORDED B ANYCONTCISS DESCRIBED MAY PERTAIN,THEINSURANCEAFFORDED SYTHE POLICIES DED ,pNOCL,NI.SUBJECT TO ALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS eNOWN MAY HAVE SEEN REDUCED M PAIp CWMS. L _ TYPEOFINSURANCE GEMERA_4. LRy POLICY NUMBER DD/YIO LIMH'S A X cOMMERCIALGINERALLIABIL!" CWMS "OR �X OCCUR X CONTRACTUAL - nCOUBBENCTiy,-- - 000 fl L7154118 09/12/01 07/12/02 FIRE DAMAGE (Am..".) f 50,000 MEDE (Any omw oft) f 5 QQQ PERSONAL S ADV INJURY f 1 000 000 BEN'L AGGREGATE LIMB APPLIES P GENERAL AGGREGATE f2 000 000 PRODUCTS-COWMp AGO 11 000 000 POLICY X jR0• LOC AUTOMOaLE LWBILITT' B ANY 4UT0 ALL OWNED ADToe BA002496 01/12/01 01/12/02 (F�.e zDDINM31NGLEUMM n fl r 000,Q0Q BODILY INJURY IPar panonl S X SCHEDULED AUTOS ISREDAUTOS X X SOOILYINJURY (PeracnMent) f NON-GINNEO AUTO$ PROPERTYDANAOE (Wracnkent) S GARAGE LABILTy ANY AUTO AUTOONLY.EAACCIDENT S EXCESS mwLiTY OTHER THAN EA ACC AUTO ONLY: AGO S S C X OCCUR CWMSMADE CUN672816 09/12/01 07/12/02 EACH OCCURRENCE AGGREGATE $2 000 000 $2 QQQ 000 DEDUCTIBLE S RETENTION S S MRNERS COMPENSATION AND S EMPLOYERS' LIABILITY -C - -.- _ ..,.. �.., WC7:8.039A751 _- Oatol/.01 OZ/,01/D2. X T Y LIMAS ER CL.eACHAccIDENT f 40000,0 _ E.L. gSEASE•FJI EMPLOYE f SOOOOO U0—TH—ER::OMAA -LDISEASE • POLICY UNIT $500000 SPTIONOFl10NSLOCATIONSIVEHICLESRO(CLUSIONS AOOED BY EHOORSEMENT/Spmmi. PROVISIONS RE: (H-1985). COVERING THE INSTALLATION OF THE VITRITURF SAFETY SURFACING. THE CITY OF FORT COLLINS IS INCLUDED AS AN ADDITIONAL INSURED. CERTIFICATE HOLDER N I ACDOIONAL INSURED: INSURER LETTER• rAMret t nrnu CITY OF FORT COLLINS 215 NORTH MASON STREET 2ND FLOOR FORT COLLINS CO 80522-0580 CITYFOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEG BEFORE THE EXHRATIO DATE THEREOF, THE MSWNG INSURER WILL ENDEAVOR TO MAIL _DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY MND UPON THE INSURER, RS AGENTS OR the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins, Parks P.O. Box 580 Ft. Collins, CO 80522 Attn: Lea Ann Haisch Service Provider: Woods Site & PlayScapes, Inc. P.O. Box 6 Elizabeth, CO 80107-0006 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, subject to additions and deletions provided herein, the sum of Five Thousand Seven Hundred Fifty Dollars ($5,750.00). 6. City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall SA 10/97 2 neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party SA 10/97 OF commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P.O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. SA 10/97 n 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation By:V W� Jame O'Neill II, CPPO, FNIGP Directo o Purchasing / and Risk Management Date: i 7 �2c�1 J( Woods Site & PlayScape'sIInncc. By:-�L�/�r �/lf PRINT NAgEE CORPORATE PRESIDENT OR VICE PRESIDENT Date: l Me_ / ATTEST: (Coepo to Seal) CORPORATE SECRETARY SA 10/97 EXHIBIT A POURED -IN -PLACE RUBBERIZED SURFACING GENERAL SPECIFICATIONS SCOPE OF WORK Supply all materials and labor required for poured -in -place rubberized safety surfacing. Surfacing shall be installed in an existing playground site, to be used as an entrance and access to a play structure. Concrete curb, concrete slab and approximately 12" deep sand border the site. The site shall require approximately 500 square feet of rubberized surfacing. The maximum height of play structure deck is 48". Color shall be beige and black mix. LOCATION OF WORK Edora Park Playground 1420 East Stuart Street Fort Collins, Colorado 80524 QUALIFICATIONS 1. Qualified installer must be a licensed contractor. SUBMITTALS 1. Manufacturer must submit proof of compliance to: ♦ U.S. Consumer Product Safety Commission publication entitled "Handbook for Public Playground Safety' ♦ American Society for Testing and Materials standard F 1487-98 entitled "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use. ♦ U. S. Access Board guidelines 2. Manufacturer's written specifications and manufacturer's sales brochure marked to annotate the specific product to be utilized. Statement of compliance with volatile emission regulations for all components, including adhesive systems or binders. 4. Materials Safety Data Sheet shall be submitted for the proposed product. 5. Manufacturer and installer must submit proof of liability insurance. 6. Guarantee and warranty for no less than 2 years. 7. Installer shall submit three (3) completed projects with references. 8. Submit a representative sample of the product and the recommended manufacturer's installation instructions. SITE CONDITIONS Installer shall be responsible for the completion of the subsurface in the area the poured -in - place rubberized surfacing is to be applied. Establish and maintain required lines and elevations for grade. 2. Sub -base shall slope to provide positive drainage at a minimum of 1" per 10' and shall not pond water at any location. If surfacing is to be laid on a stone base, provide subsurface drainage where shown on plans. 4. Materials shall be delivered in clearly labeled unopened containers. 5. Materials shall be stored and handled in a manner that will insure protection from weather. 6. Materials stored on site shall be protected by use of barricades and fencing. PRODUCT Provide a base layer and top wearing course to meet critical fall height standards for CPSC and ASTM guidelines for maximum height of play structures provided by the owner. 1. Cast -in -place surfaces shall be manufactured on site of UV stabilized polyurethane and rubber granules, no less than specified thickness. Base course rubber — 100% recycled SBR black rubber, free of all dust and extraneous fiber, metal and similar substances. Foam rubber fillers are not acceptable. 3. Top course rubber— 100% new EPDM rubber, peroxide cured, UV stabilized; size 1-3 mm. 4. Color to be determined by owner EXECUTION When laying surfaces on a compacted stone base, proof -roll prepared sub -base surface immediately prior to paving to check for unstable loose areas and areas requiring additional compaction. Compact the base material as required to secure moisture content and a uniform compaction of not less than 90%. Compacted stone base should be water permeable and sub - grade should allow for free drainage by weeps and/or slumps. When laying surfaces on asphalt or concrete, be assured that the surface is fully cured for no less than 30 days, clean of dust and debris, oil free and dry. Fill and patch any surface irregularities with structural bonding type fillers. 1. Notify owner of unsatisfactory conditions. Do not begin laying paving until deficient sub- base areas have been corrected and are ready to receive paving. 2. Plan the layout and placement of varying thickness zones by string line, chalk line and grade stakes to provide reference points throughout the installation process. I Follow manufacturer's instructions for installation. 4. Taper edges to existing, surrounding surfaces when shown on plan. 5. Finished site shall be free of tools, equipment, unused materials and debris; broom area clean. PROTECTION Fencing and barricades shall protect finished surfaces. Owner will provide reasonable supervision on site after hours. Cure shall be no less than 24 hours. FINAL INSPECTION Manufacturer's sales representative and/or installer must attend a follow up inspection with a CPSI prior to acceptance of the installation. EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. SA 10/97