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R2022-178 2022-08-08
RESOLUTION NO. R2022-178 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the installation of the playground surface for the Ed Thompson All-Inclusive Playground Project, to Lonestar Recreation of Texas, LLC, in the amount of $574,457.78. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That requests for proposals for construction services associated with the Ed Thompson All-Inclusive Playground Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Lonestar Recreation of Texas, LLC, in the amount of $574,457.78. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Ed Thompson All-Inclusive Playground Project. PASSED, APPROVED and ADOPTED this the 8th day of August, A.D., 2022. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: FEA01432-5010-4036-9BD6-F0D8CB197300 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 1 of 10 City of Pearland 3519 Liberty Drive Pearland, TX 77581 SERVICE CONTRACT NO. #XXXXXX Playground: Safety Surfacing and Related Products THIS CONTRACT ("Contract") is entered into by and between the City of Pearland, a Texas home- rule municipal corporation (“City”) and Contractor (“Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Contractors Bid Proposal I. Summary of Contract Terms. Contractor:Lone Star Recreation of Texas, LLC 10701 Corporate Drive Suite 390 Stafford, TX 77477 Description of Services: Contractor will provide City of Pearland manufacturing and installation of Playground Safety Surfacing and Related Equipment according to RFP #0222-06. Contract Amount:$574,457.68 Effective Date:8/9/2022 End Date:2/9/2022 Renewals: (As Stated in Bid) Not applicable Bid No:Proposal #0222-06 Resolution No:#2022-178 II. Signatures CITY OF PEARLAND CONTRACTOR Purchasing Officer Date Title: Date: *Signed by: Date Superintendent/Manager Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager – up to $10,000 Director - $10,001 - $30,000 Principal Owner 8/4/2022 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 8/11/2022 | 10:09 AM CDT X 8/11/2022 | 10:21 AM CDT Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 2 of 10 City Manager/Deputy/Assistant City Manager - $30,001 + City Council Resolution over $50,000 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services (“Services”) in response to Request for Bid/Proposal #0222-06 or Quote (“Solicitation”), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor’s bid or proposal response, as applicable, are incorporated by reference in this Contract 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 Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Contract is for 6 months, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to no additional one- year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City’s extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Contract is for an estimated amount of $574,457.68, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable@pearlandtx.gov 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Contract is as follows: Name: Joel Hardy Department: ADMINISTRATION Phone: 281-652-1795 Email: jhardy@pearlandtx.gov 5.Insurance DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 3 of 10 (A)Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance (“COI”), as proof of the required insurance coverages, to the City’s Contract Administrator. Additionally, the COI must state that the City shall be provided no less than thirty (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 ten (10) days of the City Manager or his designee’s written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. 6.Bonds (A)The contractor shall provide the required payment bond and, performance bond, prior to commencement of performance under this Contract. , A performance bond for 100% of the contract price and payment bond for 100% of the contract price may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 7.Purchase Release Order. For multiple-release purchases of Services 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: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 8.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City’s invoice. 9.Warranty. (A)The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 10.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 Contract including any Option Period. Substitutions and deviations from DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 4 of 10 the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 11.Non-Appropriation. The continuation of this Contract 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 Contract 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 Contract. 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. 12.Independent Contractor. Contractor shall perform all work required by this Contract 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. 13.Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 14.Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 15.Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 16.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 17.Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day 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 Pearland Attn: Kevin Carter Title: Asst Director, Parks & Recreation Address: 4141 Bailey Rd, Pearland, TX 77584 Phone: 281-652-1681 IF TO CONTRACTOR: Lonestar Recreation of Texas, LLC Attn: Eric Edwards Title: Principal Owner Address:10701 Corporate Drive Suite 390, Stafford, TX 77477 Phone: 281-970-9010 18.Liability and Indemnity. ANY PROVISION OF ANY ATTACHED CONTRACT DOCUMENT THAT LIMITS THE CONTRACTOR’S LIABILITY TO THE CITY OR RELEASES THE CONTRACTOR FROM LIABILITY TO THE CITY FOR ACTUAL OR COMPENSATORY DAMAGES, LOSS, OR COSTS ARISING FROM THE PERFORMANCE OF THIS CONTRACT OR THAT PROVIDES FOR DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 5 of 10 CONTRACTUAL INDEMNITY BY ONE PARTY TO THE OTHER PARTY TO THIS CONTRACT IS NOT APPLICABLE OR EFFECTIVE UNDER THIS CONTRACT. EXCEPT WHERE AN ADDITIONAL CONTRACT DOCUMENT PROVIDED BY THE CITY PROVIDES OTHERWISE, EACH PARTY TO THIS CONTRACT IS RESPONSIBLE FOR DEFENDING AGAINST AND LIABLE FOR PAYING ANY CLAIM, SUIT, OR JUDGMENT FOR DAMAGES, LOSS, OR COSTS ARISING FROM THAT PARTY'S NEGLIGENT ACTS OR OMISSIONS IN THE PERFORMANCE OF THIS CONTRACT IN ACCORDANCE WITH APPLICABLE LAW. THIS PROVISION DOES NOT AFFECT THE RIGHT OF EITHER PARTY TO THIS CONTRACT WHO IS SUED BY A THIRD PARTY FOR ACTS OR OMISSIONS ARISING FROM THIS CONTRACT TO BRING IN THE OTHER PARTY TO THIS CONTRACT AS A THIRD- PARTY DEFENDANT AS ALLOWED BY LAW. 19.Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator’s fees. 20.Attorney’s Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney’s fees or other costs relating to the suit. 21.Termination. (A)City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City’s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (B)Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default shall provide the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract pursuant this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. 22.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 23.Limitation of Liability. The City’s maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 6 of 10 24.Assignment. No assignment of this Contract 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 Contract by the Contractor is of the essence of this Contract, 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. 25.Severability. Each provision of this Contract is considered to be severable and, if, for any reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 26.Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 27.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 Contract if required by said statute for items approved by the City Council. 28.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract 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 Brazoria County, Texas. 29.H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 30.Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 31.Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 7 of 10 1. CHILD SUPPORT Per Section 231.006 of the Family Code, the CONTRACTOR certifies that the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity is not ineligible to receive payments from the State funds allocated for the PROJECT. ______________________________________________ CONTRACTOR DATE The CONTRACTOR further acknowledges that this CONTRACT may be terminated and payment may be withheld if this certification is inaccurate. The CONTRACTOR agrees, on the attached required “FORM 6,” to provide the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity involved in this CONTRACT. 2. CYBERSECURITY TRAINING COMPLIANCE CONTRACTOR represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program. Should the CITY provide the CONTRACTOR with access to any state computer system or database, CONTRACTOR shall complete cybersecurity training and verify completion of the training program to the Department pursuant to and in accordance with Section 2054.5192 of the Government Code. 3. DEBARMENT AND SUSPENSION CONTRACTOR certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 4. DEBTS AND DELINQUENCIES CONTRACTOR agrees that any payments due under the contract or grant shall be applied towards any debt or delinquency that is owed to the State of Texas. 5. DISPUTE RESOLUTION In addition to any other provisions involving disputes, related resolutions and/or remedies, the CONTRACTOR agrees to the dispute resolution process provided in Chapter 2009 of the Texas Government Code, as available to the parties to resolve any dispute arising under the agreement. 6. EXCLUDED PARTIES CONTRACTOR certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control. 7. EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION Under Section 669.003 of the Texas Government Code, CONTRACTOR certifies that it does not employ, or has disclosed its employment of, any former executive head of the Texas Parks & Wildlife Department (TPWD). CONTRACTOR must provide the following information: Name of Former Executive: ______________________________ Name of State Agency: _________________________________ Date of Separation from State agency: _____________________ Position with Sponsor: __________________________________ Date of Employment with Sponsor: ________________________ 8. LOBBYING EXPENDITURE RESTRICTION 8/4/2022 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 8 of 10 CONTRACTOR represents and warrants that the CITY’S payments to CONTRACTOR and CONTRACTOR’S receipt of appropriated or other funds under the grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. 9. NO WAIVER OF SOVEREIGN IMMUNITY The Parties expressly agree that no provision of the Agreement is in any way intended to constitute a waiver by the CITY of any immunities from suit or from liability that the Texas Parks & Wildlife Department (TPWD) or the State of Texas may have by operation of law. 10. RECORDS RETENTION CONTRACTOR shall maintain and retain all records relating to the performance of the Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records will be maintained and retained by CONTRACTOR for a period of four (4) years after the grant expiration date or until all audit, claim, and litigation matters are resolved, whichever is later. The CITY will notify the CONTRACTOR if and/or when the CONTRACTOR’S compliance with records retention requirements is no longer applicable. Because TPWD reserves the right to direct the CITY to retain documents for a longer period of time or transfer certain records to TPWD custody when it is determined the records possess longer term retention value, the CITY reserves the right to require the same of the CONTRACTOR. TPWD requires the CITY to include the substance of this clause in all subawards and subcontracts, and the CONTRACTOR must do the same for its subcontracts. 11. TEXAS PUBLIC INFORMATION ACT CONTRACTOR understands that Department will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material in connection with this Agreement or any resulting contract or grant may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Sponsor is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 12. REPORTING COMPLIANCE CONTRACTOR represents and warrants that it will submit timely, complete, and accurate reports in accordance with the Agreement and maintain appropriate backup documentation to support the reports. 13. REPORTING SUSPECTED FRAUD AND UNLAWFUL CONDUCT CONTRACTOR represents and warrants that it will comply with Section 321.022 of the Texas Government Code which requires that suspected fraud and unlawful conduct be reported to the CITY. CONTRACTOR represents and warrants that it will also do so to the State Auditor should the CONTRACTOR suspects such fraud and/or unlawful conduct involve the CITY. 14. STATE AUDITOR’S RIGHT TO AUDIT The CONTRACTOR acknowledges that a state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 9 of 10 with access to any information the state auditor considers relevant to the investigation or audit. 15. Schedule of Payments Schedule of payments - Attachment F DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Service Contract Standard Form Approved as to Legal Form 6.28.2021 Page 10 of 10 16. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Special Consideration Documents Attachment F: Schedule of Payments Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. 0222-06 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 ATTACHMENT A – SCOPE OF WORK The project will consist of delivery and installation of 9,750SF of Duraplay PIP Safety surfacing at 3” – 4” depth, 100% color per plans, 3rd party testing, Eight 30” x 30” mockup samples for design approval. Labor and material for concrete curb (410lf), slab (9,750 sqft), ramp (140 lf). Installation of three 6” inlets, three 24” x 6” tees, 86 linear feet of 6” HDPE. Material and installation of 410 linear feet of Montage II light industrial, 4’ tall w/3 rails, flush top and bottom, 2.5” with flanged footings perimeter fence. Fence will include 1-walk gate and Heavy-Duty self -closing hinges. Material and Installation of Goric Balls to include two small half balls, four medium half balls, two large half balls, two small full balls, four medium full balls. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Quote #11496 Page 1 of 2 Date:6/23/2022 Proposal Expires:7/23/2022 Carry Capers City of Pearland Phone:281-412-8906 Terms Email:ccapers@pearlandtx.gov INCO Terms:F.O.B. Manufacturing Plant Estimated Mfg. Lead Time:21-23 weeks ARO Ship To:Ed Thompson Inclusive Park LSRT Payment Terms:Based upon approved terms 13050 Shadow Creek Pkwy Pearland, TX 77584 Bill To:City of Pearland Texas P.O. Box 2719 Proposal Prepared By Pearland, TX 77588-2719 USA Contact:Vanessa Zelaya ATTN: accountspayable@pearland.gov Phone:281-970-9010 CC: Kevin Carter, kcarter@pearland.gov Email:Vanessa.Zelaya@LonestarRecreation.com Installation Site:Ed Thompson Inclusive Park Sales 13050 Shadow Creek Pkwy Contact:Eric Edwards Pearland, TX 77584 Phone:281-970-9010 Email:Eric.Edwards@LonestarRecreation.com Design Number:1151876-01-12 QTY ITEM NO.UNIT PRICE EXTENDED AMT 1 SURFACE Deliver & install 9,750 SF of DuraPlay PIP safety surfacing 280,767.00$ 280,767.00$ 8119sf @ 3.5", 1631sf @ 4" for a max. fall height of 8'-0” 100% Color per Plans with Aromatic Binder for Main Field Colors, Concrete Substrate Not Included, Flush Edge at Concrete Curbs Main Field Colors will be 100% Color-Latex Free Birds/Pears Graphic Design: 43 Individual Design Locations, 100% Color per Plans, Aliphatic Binder For These Design Elements Only 1 3rd Party Testing for DuraPlay PIP safety surfacing 4,450.00$ 4,450.00$ 8 30"x30" Design Mockup Samples for DuraPlay PIP safety surfacing 1,669.00$ 13,352.00$ 1 CON SERV Construction Services for Custom Playground 140,168.00$ 140,168.00$ Subbase : Labor & Material for Concrete Curb, Slab and Ramp ~9,750 sqft 4" thick slab, 410 lft. curb, 140 lft. Ramp 1 CON SERV Drainage & Excavation: Labor & Material to install (3) 6" inlets, 12,363.00$ 12,363.00$ (3) 24"x6" Tees, 86 linear feet of 6" HDPE per KHA Project #064521102 Storm Plan, C1.0 1 CON SERV Construction services to include mobilization, construction 24,033.78$ 24,033.78$ fence with green windscreens, dumpsters and payment and performance bonds SUBTOTAL 475,133.78$ Pricing is for the above listed equipment only: NO installation, subgrade, drainage, additional contract terms, additions or deletion, change orders, insured addendum, off loading of equipment, storage of product, site security, retainage, or any applicable taxes, bonds, permits or freight are included unless listed as separate line items. Freight charges will be included with initial invoice. Tax Exemption Certificate must be supplied with order if applicable Change orders, cancellation, and/or rescheduling of services will be subject to available schedule and payment for incurred time & expenses, freight and fees. LSRT reserves the right to apply payments to past due invoices first before applying payments to specific orders. 1.5% per month late payment fee will be applied for late payments LSRT Terms and Conditions apply unless Subcontract is on file. Contact: Company: We are pleased to submit this proposal to supply the following items: DESCRIPTION PROPOSALLone Star Recreation of Texas, LLC. 10701 Corporate Drive Suite 390 Stafford, TX 77477 Phone:281-970-9010 ATTACHMENT B - BID/PRICING SCHEDULEDocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Quote #11496 Page 2 of 2 Date:6/23/2022 Proposal Expires:7/23/2022 Carry Capers City of Pearland Phone:281-412-8906 Terms Email:ccapers@pearlandtx.gov INCO Terms:F.O.B. Manufacturing Plant Estimated Mfg. Lead Time:21-23 weeks ARO Ship To:Ed Thompson Inclusive Park LSRT Payment Terms:Based upon approved terms 13050 Shadow Creek Pkwy Pearland, TX 77584 Bill To:City of Pearland Texas P.O. Box 2719 Proposal Prepared By Pearland, TX 77588-2719 USA Contact:Vanessa Zelaya ATTN: accountspayable@pearland.gov Phone:281-970-9010 CC: Kevin Carter, kcarter@pearland.gov Email:Vanessa.Zelaya@LonestarRecreation.com Installation Site:Ed Thompson Inclusive Park Sales 13050 Shadow Creek Pkwy Contact:Eric Edwards Pearland, TX 77584 Phone:281-970-9010 Email:Eric.Edwards@LonestarRecreation.com Design Number:1151876-01-12 QTY ITEM NO.UNIT PRICE EXTENDED AMT 1 CON SERV Material and installation of 410 L ft of perimeter fence. 71,110.00$ 71,110.00$ Montage II Light Industrial 4' Tall w/ 3 rails flush top and bottom, 2.5” with flanged footings Include 1– walk gate 48” x 4’ with D&D LokkLatch, and Heavy Duty self-closing hinges. Excludes: Permits, and haul off of dirt Alternate: 1 GO9113 Material & installation of Goric Ball by certified CPSI installer 28,214.00$ 28,214.00$ w/12 month labor warranty: (2) Goric Half Balls SM (Small) (4) Goric Half Balls SM (Medium) (2) Goric Half Balls SM (Large) (2) Full Balls SM (Small) (4) Full Balls SM (Medium) (14) Surface Mounted Steel Plates By signing this proposal, the customer is agreeing to the scope of work and terms. SURFACE 298,569.00$ CON SERV 247,674.78$ ALTERNATE 28,214.00$ Accepted by Customer Date SALES TAX Exempt TOTAL 574,457.78$ Print Name PO/Ref. #Title Pricing is for the above listed equipment only: NO installation, subgrade, drainage, additional contract terms, additions or deletion, change orders, insured addendum, off loading of equipment, storage of product, site security, retainage, or any applicable taxes, bonds, permits or freight are included unless listed as separate line items. Freight charges will be included with initial invoice. Tax Exemption Certificate must be supplied with order if applicable Change orders, cancellation, and/or rescheduling of services will be subject to available schedule and payment for incurred time & expenses, freight and fees. LSRT reserves the right to apply payments to past due invoices first before applying payments to specific orders. 1.5% per month late payment fee will be applied for late payments LSRT Terms and Conditions apply unless Subcontract is on file. DESCRIPTION Contact: Company: We are pleased to submit this proposal to supply the following items: PROPOSALLone Star Recreation of Texas, LLC. 10701 Corporate Drive Suite 390 Stafford, TX 77477 Phone:281-970-9010 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Page 1 of 1 ADDITIONAL TERMS AND CONDITIONS Entire Agreement: This document, including the proposal and any referenced attachments in the proposal, if any, contains the entire agreement and understanding between the parties with respect to the transaction contemplated. This document sets forth all of the promises, agreements, conditions, and understandings between the parties respecting the subject matter hereof, and replaces and supersedes all negotiations, conversations, discussions, correspondence, memorandums, and oral agreements between the parties, as well as any prior writings. Except as set forth in this document, including any attached exhibits, if any, there are no other agreements, representations, warranties, or covenants by or among the parties hereto with respect to the subject matter hereof. This document, including any attached exhibits, if any, supersedes all other agreements, written or oral, between the parties with respect to the transaction contemplated. Modification: No alteration, amendment, modification, or waiver of any provision of this Agreement shall be valid or effective unless it is in writing and signed by all parties. No oral agreement or course of conduct to the contrary, shall be deemed an alteration, amendment, modification, waiver, or cancellation. No evidence of any alteration, amendment, modification, or waiver shall be offered or received in evidence in any proceeding, mediation, or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such alteration, amendment, modification, or waiver is in writing, duly executed by both parties. Any waiver or consent shall be effective only in the specific instance and for the purpose for which it was given. Severability: If any provision of this Agreement is determined to be invalid or not enforceable, or is prohibited by law for any reason, the invalidity shall not affect the validity of the remaining provisions of this Agreement. The rest of the Agreement will be unaffected. No Waiver of Rights: No waiver by any party of any of its rights or remedies hereunder shall be considered a waiver of any other subsequent right or remedy of that party. The waiver by any party of a breach of any provision of this Agreement shall not be taken or held to be a waiver of the provision itself. Any course of performance shall not be deemed to amend or limit any provision of this Agreement. The failure of any party at any time to require performance by another party of any provision of this Agreement shall not affect in any way the full right to require the performance at any subsequent time. No delay or omission in the exercise of enforcement by either party of any rights or remedies shall ever be construed as a waiver of any right or remedy of that party. No exercise or enforcement of any rights or remedies shall ever be held to exhaust any right or remedy of any party. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. Forbearance or neglect on the part of either party to insist upon strict compliance with the terms of this Agreement shall not be construed as or constitute a waiver thereof. Relationship of Parties: Nothing contained in this Agreement shall be deemed or construed by the parties, or by any third party, to create the relationship of employer/employee, partnership, or joint venture between the parties hereto, it being understood and agreed that no provision contained herein shall be deemed to create any relationship between the parties hereto other than as client and independent contractor. Compliance with Laws: The parties hereto shall each comply with the provisions of all applicable federal, state, county, and local laws, ordinances, regulations, and codes. Collaborative Dispute Resolution: The parties hereto shall cooperate with each other to affect the purpose and intent of this Agreement. If a dispute arises concerning this Agreement that cannot be resolved collaboratively, either with or without the assistance of collaborative counsel, the parties will try in good faith to settle the dispute through mediation conducted by a mediator to be mutually selected. The parties will share the cost of the mediator equally, but each party shall remain solely responsible for their own attorneys’ fees and costs. The parties will cooperate fully with the mediator and will attempt to reach a mutually satisfactory resolution of the dispute. If the dispute is not resolved within thirty (30) days after it is referred to the mediator, the parties agree that the dispute can proceed to the courts of Harris County, Texas, governed by the laws of the State of Texas for Collaborative Law. Governing Law: This Agreement, and the rights and obligations of the parties hereunder, is being executed and delivered, and is intended to be performed in the State of Texas. Except to the extent that the laws of the United States may apply to the terms hereof, the substantive laws of the State of Texas applicable to contracts made and to be performed wholly within Texas, without regard to any choice or conflict of laws rules, shall govern the validity, construction, enforcement, and interpretation of this Agreement. Any litigation arising from this Agreement will be brought in the courts of Harris County. Attorneys’ Fees: Excluding mediation, in the event that an action, litigation, or proceeding results from or arises out of this Agreement or the performance thereof, including any appeal or the collection of any judgment, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, as allowable by law. A prevailing party is defined as a party who secures a judgment in its own favor through a legal process other than mediation. Successors and Assigns: Except as specifically provided in this Agreement, no party may assign, delegate, or transfer any of its rights or obligations under this Agreement, in whole or in part, without the prior written consent of the other, which consent will not be unreasonably withheld. The terms hereof are contractual in nature and are not mere recitals, and the obligations created by this Agreement shall be binding upon the successors, legal representatives, and permitted assigns of the parties hereto, forever. Force Majeure: Neither party shall be liable, nor held in breach of contract, for any loss, damage, and/or any delay in performance that may be suffered as a direct or indirect result of either party being prevented, hindered, or delayed in its performance by circumstances beyond that party’s reasonable control due to force majeure, including among others, strikes; lock outs, accidents; trade or labor disputes; natural disasters, including explosions, fire, flood, storm, wind, or drought; war, terrorism, riots, civil commotion, government action, embargoes, and/or acts of civil or military authorities; shortages of transportation, facilities, fuel, energy, labor, or materials; acts of God (specifically including hurricanes and inclement weather that shuts down city services); or any delay or failure resulting from a cause or causes outside either party’s reasonable control. If timely completion is prevented by any cause of force majeure, then such failure or delay shall not constitute default. Escalation: During the performance of this agreement, if the price of materials, equipment or energy are significantly increased, through no fault of Lone Star Recreation of Texas, the price shall be equitably adjusted by an amount reasonably necessary to cover any such significant increases. As used herein, a significant price increase shall mean any increase exceeding 5% from the date of the contract signing. Such price escalations shall be documented through change order, quotes, invoices, and/or receipts in accordance with the agreed contract procedure. Where the delivery of material, equipment, or energy is delayed, through no fault of the contractor, as a result of the shortage or unavailability, contractor shall not be liable for any additional costs or damages associated with such delay(s). Gender and Numbers: Unless the context clearly indicates, whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. No Third-Party Rights: This Agreement is solely for the benefit of the parties hereto and their respective successors and assigns, if any, and no other person or entity shall have any right, benefit, priority, or interest hereunder, or because of the existence of this Agreement. Headings: The section headings contained in this Agreement are for convenience and reference purposes only and shall not affect the meaning, interpretation, or construction of this Agreement, and in no way define, describe, extend, or limit the scope or intent of this Agreement, or the intent of any provisions hereof. Voluntary Agreement & Advice of Counsel: The parties confirm and agree that each (i) has relied on its own judgment and has not been induced to sign or execute this Agreement by promises, agreements, or representations not expressly stated herein, (ii) has freely and willingly executed this Agreement and hereby expressly disclaims reliance on any fact, promise, undertaking or representation made by any other party, save and except for the express agreements and representations contained in this Agreement, (iii) was not in a significantly disparate bargaining position with regard to any other party, and (iv) has been represented by legal counsel in this matter or has voluntarily waived that right. Multiple parts: This Agreement may be executed by the parties hereto in any number of separate counterparts, each and all of which taken together shall be deemed for all purposes to be one agreement. It shall not be necessary in making proof of this Agreement to produce or account for more than one counterpart signed by the party to be charged. Electronic Signatures: This Agreement may be executed by the parties hereto with electronic signatures, each of which shall be deemed for all purposes to be an original signature. It shall not be necessary in making proof of this Agreement to produce or account for an original signature made with a traditional ink writing instrument. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 ATTACHMENT C – INSURANCE/BOND REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor’s policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers’ Compensation Employers’ Liability (WC) Statutory Limits $100,000 per occurrence For WC, CGL, and BAL, the City is to be provided a WAIVER OF SUBROGATION. 2. Commercial General (Public) Liability (CGL) to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal Injury e) Contractual Liability Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence; General Aggregate - $2,000,000 CGL and BAL, City to be listed as additional insured and provided 30-day notice of cancellation or material change in coverage. WC, CGL and BAL, City shall be provided 30-day notice of cancellation or material change in coverage. 3. Business Auto Liability (BAL) to include coverage for: a) Owned/Leased vehicles b) Non-owned vehicles c) Hired vehicles Combined Single Limit - $1,000,000 CGL will include a non- contributory addendum. If the contract involves a professional service, the contractor will also be required to provide the City with professional liability insurance in an amount of at least $1,000,000. The Insurance forms may be sent to Purchasing Department. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD LONES-2 OP ID: RCL 04/21/2022 Bill Hodgkins Cooper Insurance Service, Inc Playground Book P.O. Box 638 Lapel, IN 46051 Bill Hodgkins 765-534-3152 765-534-2067 billh@cooperindiana.com Cincinnati Specialty Un Ins Co Evanston Insurance Company Lone Star Recreation of Texas, LLC 10701 Corporate Drive, Ste 390 Stafford, TX 77478 Chubb Insurance Company Great Northern Insurance Co A X 1,000,000 X X CSU0149132 04/12/2022 04/12/2023 100,000 1,000 1,000,000 2,000,000 X 2,000,000 included 1,000,000D X (21) 7360-38-90 06/18/2021 06/18/2022 X 1,000,000 X B EZXS3076595 04/12/2022 04/12/2023 1,000,000 0X XC (22)7176-78-96 05/14/2021 05/14/2022 1,000,000 N 1,000,000 1,000,000 City of Pearland listed is an additional insured for general liability as/if required by written contract/agreement and additional insured on auto liability. Waiver of subrogation applies to general liability, auto liability and workers compensation. PEARLAN City of Pearland 3519 Liberty Drive Pearland, TX 77581 765-534-3152 13037 35378 Err & Omi ATTACHMENT C - INSURANCE AND BOND REQUIREMENTSDocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 PERFORMANCE BOND Bond No. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § THAT , a Texas corporation, located at , Texas (hereinafter referred to as “Principal”), and (hereinafter referred to as "Surety"), authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the CITY OF PEARLAND (hereinafter referred to as "City") in the penal sum of (not less than 100% of the approximate total amount of the Contract, as amended, as evidenced in Principal’s submitted Guaranteed Maximum Price proposal) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS the Principal has entered into a certain written contract with the City, dated the 4th day of 2019, for (CITY CONTRACT NO. 0222-06 PLAYGROUND: SAFETY SURFACING AND RELATED EQUIPMENT), to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein; NOW, THEREFORE, the condition of this obligation is such that if the said Principal fully and faithfully executes the work and performance of the Contract, as amended, in accordance with the Plans, Specifications and Contract Documents, including any extensions thereof, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of V.T.C.A. Government Code Chapter 2253, Public Work Performance and Payment bonds, as amended, and Article 53.201 of the Property Code, and all liabilities on this Bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein. Surety, for value received, stipulates and agrees that the Bond shall automatically be increased by the amount of any change order or supplemental agreement which increases the Contract price with or without notice to the Surety and that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. Surety must be approved by the Texas State Board of Insurance under Article 7.19-1 of the Insurance Code and authorized under the laws of Texas to act a surety on bonds for principals. Surety agrees that the bond provides for the repairs and/or replacement of all defects due to faulty DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 materials and workmanship that appear within a period of one (1) year from the date of completion and acceptance of the improvement by the City. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the day of . PRINCIPAL: SURETY: Signature Signature Printed Name Printed Name Title Title Company Company Street Address Street Address (P. O. Box is not acceptable) City State Zip Code City State Zip Code Phone Number (Pearland Telephone Number) DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 SURETY’S BRAZORIA COUNTY REGISTERED AGENT FOR SERVICE (REQUIRED): Printed Name: Title: Company: Street Address: (P. O. Box is not acceptable) City State Zip Code Phone Number: (Brazoria County Telephone Number) (Attach dated Power of Attorney for Surety) DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 PAYMENT BOND STATE OF TEXAS § Bond No. § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA § THAT , a Texas corporation, located at , Texas (hereinafter referred to as “Principal”), and (hereinafter referred to as "Surety"), authorized under the laws of the State of Texas to act as Surety on bonds for principals are held and firmly bound unto the CITY OF PEARLAND (hereinafter referred to as "City") in the penal sum of $ (not less than 100% of the approximate total amount of the Contract, as amended, as evidenced in the Proposal) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS the Principal has entered into a certain written contract with the City, dated the day of , 2019, for the (CITY CONTRACT NO. 0222-06- PLAYGROUND: SAFETY SURFACING AND RELATED EQUIPMENT) to which said Contract is hereby referred to and made a part hereof and as fully and to the same extent as if copied at length herein; NOW, THEREFORE, the condition of this obligation is such that the bond guarantees the full and proper protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract and for the use of each claimant, and that conversely should the Principal faithfully perform said Contract and in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract agreed to by the Principal, and according to the true intent and meaning of said Contract, and the claims and specifications hereto annexed, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this Bond is executed pursuant to the provisions of V.T.C.A. Government Code Chapter 2253, Public Work Performance and Payment bonds, as amended, and Article 53.201 of the Property Code, and all liabilities on this Bond shall be determined in accordance with the provisions of said articles to the same extent as if they were fully copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work performed thereunder, or the Plans, Specifications or Drawings accompanying same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder. Surety must be approved by the Texas State Board of Insurance under Article 7.19-1 of the Insurance Code and authorized under the laws of Texas to act a surety on bonds for principals. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument on this the day of , 2019. PRINCIPAL: SURETY: Signature Signature Printed Name Printed Name Title Title Company Company Street Address Street Address (P. O. Box is not acceptable) City State Zip Code City State Zip Code Phone Number (Pearland Telephone Number) DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 SURETY’S BRAZORIA COUNTY REGISTERED AGENT FOR SERVICE (REQUIRED): Printed Name: Title: Company: Street Address: (P. O. Box is not acceptable) City State Zip Code Phone Number: (Brazoria County Telephone Number) (Attach dated Power of Attorney for Surety) DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Signed: President Date:01/01/2022 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects, on polycarbonate panels against defects in materials or manufacturing defects, and on bamboo panels against delamination due to defects in materials or manufacturing defects. Does not cover damage which may be associated with the natural characteristics of bamboo aging, including but not limited to discoloration, splitting, cracking, warping or twisting, nor the formation of algae, mold and other forms of fungal-type bodies on bamboo. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun® gliders, belting material, HealthBeat® resistance mechanisms, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, 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 Landscape Structures Inc. 2022 Play Equipment Warranty You have our word. ATTACHMENT D - WARRANTY REQUIREMENTSDocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 5 Year Warranty Project: ______________________________________________________________________________________ Project Owner: _________________________________________________________________________________ Project Site: ___________________________________________________________________________________ Date Surfacing Installation Completed: ______________________________________________________________ Final Inspection By: _____________________________________________________________________________ Date Inspected: ________________________________________________________________________________ Contractor: ____________________________________________________________________________________ DuraPlay, Inc. Representative: ____________________________________________________________________ DuraPlay Surfacing Description: ___________________________________________________________________ _____________________________________________________________________________________________ _______________________________________Total Square Footage of Surfacing ___________________________ DuraPlay, Inc. warrants to the owner of the project described above, subject to the terms, conditions, and limitations stated herein, as follows: The surface includes DuraPlay Primer, DuraPlay Base and DuraPlay Wearing Surface. That the DuraPlay Surfacing System will not peel, delaminate, or crack as a result of normal weather conditions and that the DuraPlay Surfacing System will be in complete compliance with ASTM 1292 standards for the first three (3) years of the Warranty Period. The Warranty shall continue for a period of two (2) subsequent years, for a total five (5) Year Warranty Period, commencing from the date of the final inspections of the DuraPlay Surfacing System as shown above, provided the Owner gives DuraPlay written notice of any defects in the Surfacing System within 30 days from the discovery of such defects. These subsequent two (2) years of compliance, Years Four (4) and Five (5) of the Warranty Period, exclude ASTM 1292 standards compliance coverage. The foregoing Warranty does not cover defects of damage caused by (1) structural or design defect related to the substrate, area drainage system, or any other adjacent system which may impact the DuraPlay Surfacing System; (2) misuse, vandalism, civil disobedience, act of war; (3) any condition caused by any negligence or accidents in maintaining the Surfacing System; (4) act of God, including lightening, hurricanes, tornados, earthquakes, fumes, flood, chemical fumes, foreign substances in the atmosphere or by other unusual natural occurrences. The obligations contained herein do not cover any material used on the Surfacing System which was not supplied by DuraPlay unless specifically indicated above. Owner’s Compliance with Maintenance Manual The Warranties stated above are subject to and conditioned upon the Owner’s compliance with DuraPlay, Inc’s maintenance procedures. DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Exclusions from Warranties The Warranties stated above exclude damage caused by: • Improper or faulty subsurface grading and/or substrate preparation • Lack of an adequate and functioning area drainage system to prevent subsurface ponding and/or erosion • Movement of stone aggregate substrate caused by subgrade movement • Shrinkage (which is an inherent characteristic of elastic rubber) • Normal wear and tear • Slight color variations • Improper snow removal • Neglect, abuse, deliberate act, accident, or vandalism • Act of God, casualty • Improper dry-cleaning fluids • Improper cleaning methods and/or cleaning methods not sanctioned by DuraPlay, Inc. Warranty Claims Procedure All Warranty claims must be made in writing and sent with photographs to DuraPlay, Inc. at the address listed below, within thirty (30) days after Owner has or should have knowledge of the alleged defect. Within a reasonable time of receipt of notice, DuraPlay, Inc. shall have the opportunity to inspect the site and investigate the affected area, including the right to take any photographs and/or tests of the area. Any repair or replacement work performed by a party other than DuraPlay, Inc. shall invalidate this Warranty and terminate any further obligation of DuraPlay, Inc. Limitations and Exclusions of Warranty/Remedy If an area of the surface is determined to be covered by this Warranty, DuraPlay, Inc’s obligations under this Warranty shall be to repair or replace the area. The remedy of the repair or replacement shall be the Owner’s sole and exclusive remedy. Except in the case of personal injury, DuraPlay, Inc. shall not be liable for consequential damages. In no event shall DuraPlay, Inc. be liable for punitive damages. This Warranty shall be of no enforce if DuraPlay, Inc. is not paid in full for the System and DuraPlay Inc’s obligations under this Warranty are expressly contingent upon DuraPlay, Inc. being paid in full for the System. DuraPlay, Inc must be paid at least 90% of its contract balance within one hundred and twenty (120) days of the substantial completion of its work and fully paid within one year of the substantial completion of its work, or when the retainage is due by the Contract. In the event that repairs are required which would otherwise be covered under the Warranty but for non-payment, DuraPlay, Inc. and the Owner may mutually agree that DuraPlay, Inc. shall perform such repairs on a pre-pay basis. NO OTHER WARRANTIES OR REPRESENTATIVES, EXPRESS OR IMPLIED AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE ARE MADE AND ALL OTHER WARRANTIES EXCEPT AS EXPRESSLY STATED HEREIN ARE DISCLAIMED. This Warranty is issued by DuraPlay, Inc in the state of Texas and shall be governed by and interpreted in accordance with the laws of the State of Texas. DuraPlay, Inc. Project Owner: __________________________ By: ____________________________________ By: ____________________________________ DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 ATTACHMENT E - SPECIAL CONSIDERATION DOCUMENTSDocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 06/22/2022 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Lone Star Recreation of Texas, LLC. Stafford, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Pearland #11496 Ed Thompson Inclusive Park: Safety Surfacing & Related Equipment RFP 0222-06 2022-902127 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state) (zip code) (country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission Eric Edwards 04/03/1970 10701 Corporate Drive, Suite 390 Stafford TX 77477 USA Fort Bend Texas 22 June 22 DocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06 Schedule of Payment Date: August 4, 2022 Project: Ed Thompson Inclusive Park Proposal: 11496 Schedule of Project Payments Invoice Date Invoice Due Value Paid Balance Equipment Deposit (40%)With order 11,285.60$ -$ 11,285.60$ Equipment Balance (60%)Net 30 from Shipment 16,928.40$ -$ 16,928.40$ Construction Deposit (40%)With order 99,069.91$ -$ 99,069.91$ Construction Balance (60%)Upon completion 148,604.87$ -$ 148,604.87$ Surface Deposit (60%)With order 179,141.40$ -$ 179,141.40$ Surface Balance (40%)Upon completion 119,427.60$ -$ 119,427.60$ 574,457.78$ -$ $574,457.78 Notes: With Order is the deposit invoice required to place order ATTACHMENT F - SCHEDULE OF PAYMENTSDocuSign Envelope ID: 983F5093-257E-42CD-A1C9-930A9A109A06