HomeMy WebLinkAboutRes 2014-04-07 Splash Pad Circulation AgreeCITY OF ANNA, TEXAS
RESOLUTION NO. 2014-04-07
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR
THE PURCHASE AND INSTALLATION OF A THE RECIRCULATION SYSTEM FOR
THE EXSITING SPLASH PAD AT SLAYTER CREEK PARK
WHEREAS, Staff has spent the past several weeks evaluating the need recirculation
system for the existing splash pad and splash pads contractors in order to identify the
most suitable and qualified vendor to perform the work necessary to construct the
recirculation system;
WHEREAS, based on its evaluation, Staff is recommending that the city contract with
Water Splash Inc. for the recirculation system for the existing splash pad;
WHEREAS, Water Splash Inc. will construct and install the recirculation system for the
existing splash pad for not to exceed amount of $60,000 through the Texas Local
Government Purchasing Cooperative (commonly referred to as the "BuyBoard"); and,
WHEREAS, the City's financial policy requires that all purchases above $50,000 be
purchased under formal competitive sealed bidding rules or as otherwise permitted by
the Texas Local Government Code under Chapters 252 and 271; and
WHEREAS, Chapter 271 Subchapter F of the Texas Local Government Code permits a
local government to participate in a cooperative purchase program with another local
government or a local cooperative organization;
WHEREAS, goods or services purchased through a cooperative purchasing program
satisfy the State law requirement to seek competitive bids; and,
WHEREAS, The Texas Local Government Purchasing Cooperative is an administrative
agency created in accordance with Section 791.001 of the Texas Government Code,
whose purpose is to obtain the benefits and efficiencies that can accrue to members of
a cooperative, to comply with state bidding requirements, and to identify qualified
vendors of commodities, goods, and services;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
RES. 2014-04-07 Contract w/Water Splash — Splash Pad Improvements PAGE I OF 2 04-22-14
Section 2. Approval of Splash Pad Purchase and Installation Contract
The City Council hereby authorizes the City Manager to execute on its behalf a Contract
with Water Splash Inc. (the "Contract"), attached hereto as Exhibit 1, for the purchase
and installation of a recirculation system at the existing splash pad at Slayter Creek
Park, and authorizes, ratifies and approves the City Manager's execution of same. The
City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce the Contract.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd
day of April, 2014.
RES. 2014-04-07 Contract w/Water Splash — Splash Pad Improvements PAGE 2 OF 2 04-22-14
CONSTRUCTION CONTRACT
Water Splash Inc. ("Builder,") and, the City of Anna, Texas ("Client,") hereby enter into this Construction Contract (this "Contract")
effective as of this 23 day of April 2014, for the purposes of establishing the provisions of the delivery and construction of the
recirculation system and related equipment for the existing splash pad located at Slayter Creek Park.
Summary of Contract
Builder will provide Client all of the items set forth in this Contract in the manner and within the time period set forth herein and shall
otherwise perform its obligations under this Contract at a Total Price (as set forth in Section IV of this Contract) of $58,000.00.
11. Builder Obligations
Builder must perform the following obligations:
1. Site preparation, Includes soil stabilization and excavation to a depth of 4 feet consistent with the geotechnical report
provided to builder by client. Includes filler of select fill — soil/crushed rock plus support base, soil removal and disposal.
2. Construction/Installation. Includes installation of splash pad recirculation system and all related products, equipment
and materials in accordance with the illustration and designs document hereto as Exhibit A and other applicable
provisions of this Contract, said products, equipment and materials including without limitation:
a. Installation of sand filter/Hayward, recirculation pump/ Hayward, UV cleaning system (ChlorKing), chemical
controller (Hayward), chemical storage units (30 gal, 15 gal), and feeding pumps (2 each), aluminum external box;
b. Tying current drain to storage tank;
C. Connecting overflow of storage tank to city drain;
d. Connecting recirculation pump and sand filter to storage tank;
e. Concrete pour and assemble recirculation equipment next to current equipment room;
f. Install a new aluminum equipment box for recirculation equipment.
3. Technical Specifications. Prior to construction and installation, Builder shall provide Client with the technical
specification for all splash pad features listed in Section 11.2. of this Contract.
4. Performance/Payment Bonds. Within ten business days of the effective date of this Contract, Builder shall provide to
Client a payment bond and a performance bond, each in the amount of the Total Price of this Contract and each in
accordance with Texas Government Code § 2253.021. Said bonds must be provided to Client in a form approved by Client
before Builder performs any services or work under this Contract, and before any sums shall become due and payable
by Client. Should the Total Price increase for any reason, Builder shall submit additional payment bonds and performance
bonds to match any such increases.
5. Maintenance Bond. In addition to and cumulative of any warranties provided by Builder, Builder shall provide to Client
a two-year maintenance bond in the Total Price of this Contract and in a form approved by Client.
6. Change Orders. Before requesting a change order that would increase the Total Price, Builder will take all reasonable
steps to find suitable alternatives that meet the requirements of this Contract without increasing the Total Price and
Builder will pursue such alternatives with dispatch and diligence after written approval by Client. Builder shall not
proceed with any work described in a change order that increases the Total Price unless such change order specifically
describes the changes in the work the amount of the price increase, and is signed by Client's City Manager.
Construction Period. Builder agrees that construction will begin after receiving Client's written notice to proceed, as
early as April 23, 2014, and that completion is guaranteed by June 3, 2014. Builder shall be responsible to pay Client in
the amount of $500 for each day that work remains uncompleted after June 3, 2014.
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8. Insurance Requirement. Builder agrees to hold insurance policies including auto liability and general liability in the
coverage amounts, of at least $2,000,000.00 per occurrence, said policies covering injuries to persons or property,
equipment, materials and/or subcontractors, and shall further hold any other insurance policies required under the laws
of the State of Texas in the statutory amounts. Compliance with these insurance requirements shall not limit the liability
of Builder or any subcontractor. Any remedy provided to Client by any insurance maintained by Builder and/or a
subcontractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee
of Builder) available to Client under this Contract or otherwise. Neither approval nor failure to disapprove insurance
furnished by Builder or subcontractor shall relieve Client from responsibility to provide insurance as required by this
Contract.
9. Subcontractors/Hires. Builder may use qualified subcontractors of their choice, with the understanding that payment to
the subcontractor is the sole responsibility of Builder. Builder will utilize a fully qualified on -site engineer to supervise
the entire project installation.
10. Cleanup. Builder agrees to be solely responsible for removal of all debris, equipment, and materials and dispose of same
according to city/state laws and regulations.
11. Warranties. In addition to and cumulative of the other assurances/bonds to be provided by Builder under this Contract,
Builder shall provide Client with all warranties described or referenced in the attached Exhibit A, and shall do so within
ten business days of the effective date of this Contract.
12. Indemnity. EXCEPT FOR EXPENSES OR LIABILITIES ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL OR WANTON
CONDUCT OF CLIENT, BUILDER HEREBY EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD CLIENT HARMLESS
FROM AND AGAINSTANY AND ALL EXPENSES AND LIABILITIES ARISING OUT OF THE PERFORMANCE OR DEFAULT OF THIS
CONTRACT AS FOLLOWS: BUILDER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS, TO THE MAXIMUM EXTENT
PERMITTED BY LAW, CLIENT AND ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND REPRESENTATIVES FROM AND
AGAINST ANY AND ALL LIABILITY, DAMAGES, LOSSES, (WHETHER IN CONTRACT OR IN TORT, INCLUDING PERSONAL
INJURY, ACCIDENTAL DEATH OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS/ALLEGATIONS ARE FALSE,
FRAUDULENT OR GROUNDLESS), AND COSTS (INCLUDING REASONABLE ATTORNEYS FEES AND RELATED COSTS, EXPERT
FEES, LITIGATION, ARBITRATION, MEDIATION, OR APPEAL EXPENSES) INCURRED IN ANY MATTER, INCLUDING A
PROCEEDING TO ENFORCE THE DUTIES SET FORTH IN THIS PARAGRAPH WHICH IN WHOLE OR IN PART ARE ALLEGEDLY
CAUSED BY THE NEGLIGENCE, RECKLESSNESS OR INTENTIONAL WRONGFUL MISCONDUCT OF BUILDER OR PERSONS
EMPLOYED BY OR UTILIZED BY BUILDER IN BUILDER'S PERFORMANCE OF THIS CONTRACT. BUILDER'S OBLIGATION TO
INDEMNIFY, DEFEND AND HOLD HARMLESS SHALL REMAIN IN EFFECTAND SHALL BE BINDING UPON BUILDER WHETHER
SUCH INJURY OR DAMAGE SHALL ACCRUE, OR MAY BE DISCOVERED, BEFORE OR AFTER TERMINATION OF THIS
CONTRACT, BUILDER'S FAILURE TO COMPLYWITH THIS SECTION'S PROVISIONS SHALL CONSTITUTE A MATERIAL BREACH
UPON WHICH BUYER MAY IMMEDIATELY TERMINATE OR SUSPEND THIS CONTRACT, AND PURSUE ANY OTHER
AVAILABLE REMEDY.
13. Business Registration. As an entity organized outside of the State of Texas, Builder must register as a foreign company
with the Office of the Texas Secretary of State. While Builder may begin work under this Contract before it has completed
such registration, Client shall have no obligation to make any payment under this Contract until such time that Builder
has fully completed said registration. Once registered, Builder shall maintain such registration in good status with the
Office of the Texas Secretary of State at all times while performing any services under this Contract and for at least 12
months after the conclusion of the performance of said services. Notwithstanding any other provision of this Contract,
Client may terminate this ' Contract after giving 30 days' written notice to Builder that Client has determined, upon
information and belief, that Builder has not completed such registration with the Office of the Texas Secretary of State.
Such termination shall become effective 30 days after submission of said written notice unless Builder delivers proof to
Client that it has fully completed such registration. To be considered valid, said proof must be certified by the Office of
the Texas Secretary of State.
Ill. Client Obligations
Client is responsible for the following items:
Permit Fees. In addition to the payments otherwise required under this Contract, payment of any required permit fees.
CONSTRUCTION CONTRACT Page 2 of 4
2. Payment. Subject to other express terms of this Contract, Client agrees to pay Builder according to the following
schedule:
a. Client will make one scheduled payment may withhold a final payment amount of $5,000 until Builder has complied with
the provision regarding the required maintenance bond under Section H.S. of this Contract,
3. Price Changes. Client will be responsible for additional costs that are the result of any agreed -upon, properly approved
and executed change orders, should they be necessary, subject to Builder's responsibilities under Section 11.6. Of this
Contract.
IV. Price
The "Total Price" for all materials and services to be provided under this Contract is $58,000.00 as set forth below:
Electrical work $5,000
Plumbing work $10,000
Equipment (Purchase and Installation) $5,000
Excavation work and backfdling $15,000
UV Filtration Upgrade $8,000
Water Recirculation System —
(pump has been installed) $15,000
Project Total $58,000.00
1. Authority to Contract. Builder represents and warrants to Client that the person signing this Contract has full authority to
bind Builder to its obligations and promises as set forth in this Contract. Client represents and warrants to Builder that the
person signing this Contract has full authority to bind Client to its obligations and promises as set forth in this Contract.
2. Representations and Warranties. Builder represents and warrants to Client that Builders statements in the attached Exhibit
A, and the information contained therein, is true and correct and applicable to this Contract and Builders obligations
hereunder.
3. Independent Contractor. Except as expressly set forth in this Contract, Builder shall be solely responsible for and have
exclusive control over delivery of the products, materials, equipment and install ation/construction means, methods,
techniques, sequences and procedures and for coordinating all portions of the work and services under this Contract. This
Contract is not in any respect a joint venture or partnership between Builder and Client.
4. Applicable Law/Venue. This Contract shall be governed by the laws of the State of Texas and exclusive jurisdiction over and
venue for any dispute arising from, related to, or growing out of (directly or indirectly) this Contract, shall be brought in a
court of competent jurisdiction in Collin County, Texas.
S. Addresses and Notice. All notices hereunder from Client to Builder will be sufficiently given if sent by certified mail with
confirmation of delivery, addressed to: Gokhan Celik, WaterSplash Inc., 25 Locust St. #412, Champlain NY 12919. All notices
from Builder to Client will be sufficiently given if sent by certified mail with confirmation of delivery, addressed to: City
Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75409. All notices will be deemed to have been
given on the date of mailing or sending of such notice. The parties may change their respective address upon five business
days'written notice to the other party.
6. Entire Agreement. This Contract, Exhibit A, attached hereto, and the written warranty(ies) and Technical Specifications to be
delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind made
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4. Applicable Law/Venue. This Contract shall be governed by the laws of the State of Texas and exclu5lve jurisdictlon over and
Venue for any dispute arising from, related to, or growing out of (directly or Indirectly) this Contract, shall be brought in a
court of competent jurisdiction In Collin County, Texas.
S. Addresses and Notice. All notices hereunder from Client to Bulider will be sufficiently given If sent by certified mail with
confirmation of delivery, addressed to: Golkhan Cellk, Water5plash Inc., 25 Locust St. #412, Champlain NY 12919. All notices
from Builder to Client will be sufficiently given If sent by certified mail with confirmation of delivery, addressed to: City
Manager, City of Anna, P.O. Box 776, 111 N. Powell Parkway, Anna, Texas 75409. All notices will be deemed to have been
given on the date of malling or sending of such notice. The parties may change their respective address upon five business
days'written notice to the other party.
6. Entire Agreement. This Contract, Exhibit A, attached hereto, and the written warranty(les) and Technical Specifications to be
delivered to Client constitute the entire agreement between the parties and supersede all prior statements of any kind made
by the parties or theIr representatives. No representative or employee of Builder nr Client has any authority to b1nd
themselves, respectively, to any term, representation or warranty other than those specifically included in this written
Contract or the written warranty(les) and Technical Specifications to be delivered to client In connection with this Contract.
This Contract may not be amended or supplemented except by written agreement executed by Builder and Client. This
Contract Is not Intended to benefit any parties not a party hereto.
SIGNATURES:
CITY OF AN A
Ity
By. Philip Sand s, City Manager
WATER SPLASH, INC.
By:
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